36C25724Q0913.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

504-24-3-135-0122

36C25724Q0913

08-12-2024 11:00am CST

36C671 Department Of Veterans Affairs Network Contracting Office 17

5441 Babcock Road Ste. 302 San Antonio TX 78240

X 100

X

1000 Employees

N/A

Department of Veterans Affairs Amarillo VA Health Care System 6010 Amarillo Boulevard, West

Amarillo TX 79106-1991

36C671

Department Of Veterans Affairs Network Contracting Office 17

5441 Babcock Road Ste. 302 San Antonio TX 78240

This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.

(877) 353-9791 (512) 460-5540

See CONTINUATION Page

This requirement is being procured as an 100% set-aside for SDVOSBs.

Please see section B for Statement of Work, Price and Cost Schedule.

Please submit all question to Mariangie Rios Vazquez by 08/07/2024 5:00pm CST at mariangie.riosvazquez@va.gov

Submit all documentation to mariangie.riosvazquez@va.gov

Customer point of contact shall not be included in emails containing quotes, and other documentation.

See CONTINUATION Page

X 1

Bobby Thornton Contracting Officer

36C25724Q0174

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

B.4 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2023)

C.2 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

C.3 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (JAN 2023)

(DEVIATION)

C.4 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.5 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 33

C.6 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2023)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.4 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C671

Department Of Veterans Affairs

Network Contracting Office 17

5441 Babcock Road Ste. 302

San Antonio TX 78240

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] 90 DAYS ARO

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO DATE

B.2 STATEMENT OF WORK

Hybrid TPX/CD 8 Combo Set:

System 8 Cordless Driver, TPX Wiredriver, TPX Oscillating Saw, TPX Sagittal Saw, PoweReam Attachments, MD Series Attachments and Accessories

POLICY:

The Hybrid TPX/CD Combo Set will be used in sterile procedures within the surgical services suites and are considered a critical infection control risk (reusable objects that enter the sterile tissue, or the vascular system must be sterile because any microbial contamination could transmit disease).

Only trained and experienced health care professional should use this equipment.

Before using any system component or component compatible with this system, read and understand the instructions.

CLASSIFICATION:

Critical Device

Lubbock OR Procedure L13.04-13 Hybrid TPX/CD 8 Combo Set

RESPONSIBLE AUTHORITIES:

The Chief of Biomed will be responsible for receiving Consolidated Operating Room Equipment (CORE) System equipment after purchase and/or repair and inspecting prior to placing in service. For any identified issues or damage to the Consolidated Operating Room Equipment (CORE) System, OR staff will remove from service, contact Biomed immediately and enter a work order. Equipment will be cleaned according to manufacture recommendations and Biomed will pick up for repair. Biomed will be responsible for obtaining bar code from inventory manager prior to placing in service and maintaining repair logs.

The Chief of Sterile Processing Service (SPS) is responsible for monitoring all disinfection functions of reusable medical equipment. Routine inspections of areas performing processing will be conducted and processes validated.

The Nurse Manager and/or Assistant Nurse Manager of Operating Room of Surgical Services is responsible for ensuring that all staff involved in the use and pre-cleaning of the equipment, for maintaining the records of training/competencies and for monitoring the process.

All staff involved in the set-up, use processing/ reprocessing and storage/maintenance will receive initial training and will complete at minimum annual competencies and training.

PROCEDURE:

A. HYBRID TPX/CD 8 COMBO SET FUNCTIONS AND SPECIFICATIONS —

(REFER TO OPERATIONS MANUALS)

B. PREPERATION, MAINTENCE AND INSPECTION- (REFER TO SPECIFIC

OPERATION MANUALS) The probability of failure with orthopedic power equipment and ancillary equipment increases as the number of procedures performed and/or the total operating hours increase. In addition to the inspection before each procedure, biomed should inspect the items periodically dependent upon their maintenance classification. Orthopedic power equipment which an irregularity is suspected should be taken out of service immediately and biomed notified along with placing a work order.

INTENDED USE: Small bone orthopedic procedures.

SET UP/USE of RMD:

1. Open/unwrap sterile instrument case using sterile technique.

2. Regardless of which handpiece is being assembled and used, always place the hand piece in the “Safe” position before installing or removing an accessory, or when handing the hand piece to another person. Failure to comply may result in patient and/or health care staff injury.

3. Before each use operate the equipment and inspect each component for damage. Do not use any component if damage is apparent. Failure to comply may result in patient and/or health care staff injury.

To Connect Components:

1. Place the console on a sturdy, flat surface near a hospital grade outlet.

2. Install the power cord plug into the power receptacle on the console.

3. Install the other end of the power cord into a hospital grade wall outlet.

4. Press the power switch to turn the console on.

(a) The universal power supply will automatically adjust to match the voltage and frequency of the facility power.

(b) As you connect components to the console, the console’s screen will change to display the specific components that are connected.

• CAUTIONS: DO NOT thread or twist the push/pull connectors on the cords during installation or removal.

• CAUTION: When connecting or disconnecting a cable(s) to the front of the console, always hold the cable by its connector (the plug, not the cord”. Failure to comply may result in damage to the cable or console.

• CAUTION: Cables that are connected to the front of the console have, keyed, push/pull type connectors that lock into place. DO NOT force a connector into a console port. Each connect and port has an alignment mark to indicate proper cable orientation.

5. If using a footswitch, plug the footswitch cable into the console port marked with a FOOTSWITCH PORT symbol. Align the marks and gently push the connectors together. Two footswitches may be connected to the console.

• NOTE: A registered wireless footswitch will be overridden and disabled when a wired footswitch is connected and registered to the same color footswitch port.

6. Plug the handpiece cord(s) into the console part(s) marked with a HANDPIECE PORT symbol. Align the marks and gently push the connectors together. Three handpieces may be connected to the console and two handpieces may be operated simultaneously.

• NOTE: If using a CORE Universal Handswitch, attach it to the handpiece before you plug the cord into the handpiece.

• NOTE: If using CORE console software version 6/1 or later, a Heavy-Duty Power Pack (power pack) may be used to allow either a System 4 or 5 Heavy Duty Handpiece to operate with the console. If a power pack is connected to the console, the associated heavy-duty handpiece will take priority over other attached, inactive handpieces. Only on heavy duty handpiece may be operated using the power pack with the console. No other connected handpieces will be allowed to operate. See instructions for use supplied with the Heavy-Duty Power Pack for connection information.

7. Plug the other end of the handpiece cord(s) into the handpiece(s). See instructions for use supplied with each handpiece for connection information.

Point of use Treatment: <following the procedure>

System 8 Cordless Driver and accessories:

1. Vertically align the two J-slots on the attachment with the attachment connector.

2. Insert the attachment into the attachment connector until it snaps into place.

3. Gently tug the attachment to verify the attachment is secure.

4. Install an accessory into the attachment.

5. Installs sterile battery onto driver. Tests handpiece for functionality.

6. To remove an attachment, fully depress the release button. Firmly grasp and pull the attachment from the attachment connector.

PoweReam Attachments:

To Insert a Wire or Pin

1. Load the wire or pin into the nose of the collet or back cap of the handpiece.

2. Move the safety switch out of the safety position.

3. Squeeze the wire advance control lever against the instrument to hold the wire at the desired length exposed from the distal end of the instrument.

4. Hold the wire or pin against the bone, then depress the trigger to drive the wire or pin.

5. To obtain additional wire length for inserting, release the wire advance control and pull back the instrument. Then, squeeze the wire advance control lever and the trigger to drive more wire.

To Remove a Wire or Pin

1. Place the nose of the collet over the free end of the wire or pin, and then advance the collet as far as possible.

2. Squeeze the control lever to grasp the wire or pin.

To install an Accessory

1. Slide back the retaining collar.

2. Insert a bit or tool accessory.

3. Release the retaining collar.

4. Twist the bit or tool accessory to check for proper retention before running the handpiece.

To Remove an Accessory and/or Battery

1. Slide back the retaining collar.

2. Remove the bit or tool accessory.

3. Slides back and disengages battery.

TPX Wiredriver:

1. Ensure that the trigger is in the SAFE mode orientation.

2. Connect the handpiece cord between the console and the handpiece.

3. Using the console touchscreen, select the appropriate settings for the handpiece operation.

4. Load the wire into the nose of the handpiece.

5. Squeeze the wire advance control lever to hold the wire at the desired length.

TPX Oscillating Saw:

1. Insert the blade into the gap in the blade mount.

2. Fully push the collar up and seat the blade against the post. Release the collar.

3. Rotate the blade against the post until it snaps into the desired location. If necessary, push the collar up again to reposition the blade.

NOTE: The blade has eight possible blade mount positions for use.

4. Gently tug the blade to verify the blade is secure.

TPX Sagittal Saw:

1. Insert the blade into the gap in the blade mount.

2. Fully depress the button and seat the blade against the post. Release button.

3. Rotate the blade against the post until it snaps into the desired location.

If necessary, depress the button again to reposition the blade.

4.Gently tug the blade to verify the blade is secure.

5. To index the blade mount, pull out and rotate the blade mount until it snaps into the desired location.

CAUTION: The blade can be safely attached in five possible cutting angle positions.

ALWAYS install the blade in one of the five possible positions. Failure to comply may cause the blade to strike the handpiece during operation.

NOTE: The blade mount will index in 45-degree increments or give possible locations.

TPX Electric Hand Switch:

To Install the Hand Switch:

1. Make sure the cord is not connected to the handpiece.

2. Completely retract the finger rest.

3. Set the safety switch to the SAFE position.

4. Align the alignment mark on the handswitch with the alignment mark on the connector end of the handpiece.

5. Slide the handswitch band over the end of the handpiece until the handswitch band is flush with the handpiece connector.

MD Series Attachments and Accessories:

1. Install the attachment onto the handpiece with a twisting motion until it securely snaps into place.

NOTE: Ensure the attachment is secure before running the Micro Drill. Observe the small gap between the attachment and the Micro Drill housing caused by the anti-rotation pin. This gap will not hinder the function of the Micro Drill or the attachment.

The gap should not be wider than 0.025 inches.

2. Insert the cutting accessory as follows:

2.1 Rotate the lock collar to the LOAD position.

2.2 Insert the cutting accessory into the attachment with a twisting motion until it bottoms.

2.3 Rotate the lock collar to the RUN position.

2.4 Gently tug on the cutting accessory to ensure that it is locked in place.

3. Disassembly – Rotate the lock collar to the LOAD position.

4. Pull the cutting accessory straight out of the hand piece.

5. Grasp attachment and pull away from the hand piece.

Point of Use Treatment:

The initial steps in the reprocessing protocol begin in the operating room immediately after completion of the surgical procedure. If the Consolidated Operating Room Equipment (CORE) System is not immediately pre- cleaned, residual organic debris will begin to solidify and it may be difficult to effectively reprocess the system.

• Caution: Do not use saline to wet or soak the equipment before transport to the decontamination processing area (SPS). Note: If transport to SPS is delayed, cover the equipment with a damp cloth or spray the equipment with a pre-cleaning foam to minimize the drying of soil and facilitate later decontamination processing.

Point of Use Treatment:

1. Assure that all single use disposable blades or other consumable items have been completely removed from the device(s).

2. Wipe all visible bioburden from the device(s) utilizing a clean, soft, lint free cloth.

3. Depress the battery latch and slide the battery pack out of the handpiece.

4. Battery is to be disinfected with a Super Sani (Purple) PDI Wipe, after the battery has dried it will be charged and then sterilized in SPS.

5. Place the device(s) in the biohazard pick up area for retrieval by SPS.

MAINTENANCE REQUIREMENTS:

• Instrument inspected on delivery; no PM required

• Prior to each use, inspect, operate, and test the handpiece to ensure that it is working properly. Inspect for loose or missing components. Be alert for unusual sounds or vibrations.

References:

• System 8 Cordless Driver Instructions for Use 4100-005-700 Rev-AC

• TPX Wiredriver Instructions for Use 6400-099-700 Rev-C

• MD Series Attachments Instructions for Use 5100-015-735 REV-AB

• TPX Sagittal Saw Instructions for Use 700000336909 Rev-AC

• TPX Electric Hand Switch Instructions for Use 7400-009-000

• Battery Powered and Electric Heavy Duty Processing Instructions and

Cleaning Instructions 7200-001-700 Rev-AD

• DUSHOM Memorandum: Clarification on Current Processes for Pre-

Treatment and Transportation of Soiled RME, April 20, 2018

• VHA DIRECTIVE 1116 (2), STERILE PROCESSING SERVICES, MARCH 23,

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVIC

ES

QUANTIT

Y

UNI

T UNIT PRICE AMOUNT

3.00 EA ________________

WIRE COLLET 4100-062-000

LOCAL STOCK NUMBER: 4100-062-000

AO Small Drill 4100-110-000

LOCAL STOCK NUMBER: 4100-110-000

PIN COLLECT(2.0-3.2MM) 4100-125-000

LOCAL STOCK NUMBER: 4100-125-000

1/4" DRILL WITH KEY 4100-131-000

LOCAL STOCK NUMBER: 4100-131-000

5/32IN inch Drill with Key 4100-132-000

LOCAL STOCK NUMBER: 4100-132-000

MICRODRILL STRAIGHT ATTACHMENT 5100-015-250

LOCAL STOCK NUMBER: 5100-015-250

Small Bone Solid Container 6400-654-000

LOCAL STOCK NUMBER: 6400-654-000

6.00 EA ________________

TPX CABLE 7400-004-000

LOCAL STOCK NUMBER: 7400-004-000

6.00 EA ________________

TPX HANDSWITCH 7400-009-000

LOCAL STOCK NUMBER: 7400-009-000

TPX MICRO DRILL 7400-015-000

LOCAL STOCK NUMBER: 7400-015-000

TPX SAGITTAL SAW 7400-034-000

LOCAL STOCK NUMBER: 7400-034-000

TPX WIRE DRIVER 7400-062-000

LOCAL STOCK NUMBER: 7400-062-000

TPX UNIVERSAL DRIVER 7400-099-000

LOCAL STOCK NUMBER: 7400--099-000

CORE 2 - UNITED STATES 5400-052-000US

LOCAL STOCK NUMBER: 5400-052-000US

GRAND TOTAL ________________

B.4 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

0001 SHIP TO: Amarillo VA Health Care System 6010 Amarillo Boulevard West Amarillo, TX 79106

USA

3.00

MARK FOR: Hanna, Lindsay L.

806-679-8326 lindsay.hanna@va.gov

0002 SHIP TO: Amarillo VA Health Care System 6010 Amarillo Boulevard

West Amarillo, TX 79106

0003 SHIP TO: Amarillo VA Health Care

6010 Amarillo Boulevard West Amarillo, TX 79106

0004 SHIP TO: Amarillo VA Health Care

6010 Amarillo Boulevard West Amarillo, TX 79106

0005 SHIP TO: Amarillo VA Health Care

6010 Amarillo Boulevard West Amarillo, TX 79106

0006 SHIP TO: Amarillo VA Health Care

6010 Amarillo Boulevard West Amarillo, TX 79106

0007 SHIP TO: Amarillo VA Health Care

6010 Amarillo Boulevard West Amarillo, TX 79106

0008 SHIP TO: Amarillo VA Health Care

6010 Amarillo Boulevard West Amarillo, TX 79106

6.00

0009 SHIP TO: Amarillo VA Health Care

6010 Amarillo Boulevard West Amarillo, TX 79106

6.00

0010 SHIP TO: Amarillo VA Health Care

6010 Amarillo Boulevard West Amarillo, TX 79106

0011 SHIP TO: Amarillo VA Health Care

6010 Amarillo Boulevard West Amarillo, TX 79106

0012 SHIP TO: Amarillo VA Health Care 3.00

6010 Amarillo Boulevard West Amarillo, TX 79106

0013 SHIP TO: Amarillo VA Health Care

6010 Amarillo Boulevard West Amarillo, TX 79106

0014 SHIP TO: Amarillo VA Health Care

6010 Amarillo Boulevard West Amarillo, TX 79106

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered;

and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212- 5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.2 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

(a) Definition. for the Department of Veterans Affairs, ‘‘Service-disabled Veteran-owned small business concern or SDVOSB’’:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.201, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.

(2) The term ‘‘Service-disabled Veteran’’ means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term ‘‘small business concern owned and controlled by Veterans with service-connected disabilities’’ has the meaning given the term ‘‘small business concern owned and controlled by service-disabled veterans’’ under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)).

(5) The term “SDVOSB participant” or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102).

(b) General. In order for a concern to submit an offer and be eligible for the award of an SDVOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be listed as an SDVOSB participant in the SBA certification database as set forth in 13 CFR 128.

https://veterans.certify.sba.gov/

(1) Offers received from entities that are not certified SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a certified SDVOSB listed in the SBA certification database who is eligible at the time of submission of offer(s) and at the time of award.

(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only certified SDVOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible and certified SDVOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70.

(d) Agreement/LOS certification. When awarded a contract action, including orders under multipleaward contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size, and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting (LOS) requirements in 13 CFR 121.406(b) and 13 CFR 125.6. For the purpose of limitations on subcontracting, only certified SDVOSBs listed in the SBA certification database (including independent contractors) shall be considered eligible and/or ‘‘similarly situated’’ (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required LOS certification requirements in this solicitation (see 852.219–75 or 852.219–76 as applicable). These requirements are summarized as follows:

(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not certified SDVOSBs listed in the SBA certification database (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/ VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases). When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(2) Supplies/products.

(i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(ii) In the case of a contract for supplies from a non-manufacturer, the SDVOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted. Refer to 13 CFR 125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.

(3) General construction. In the case of a contract for general construction, the SDVOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database.

(4) Special trade construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, may be paid to firms that are not certified SDVOSBs listed in the SBA certification database.

(5) Subcontracting. An SDVOSB subcontractor must meet the NAICS size standard assigned by the prime contractor and be certified and listed in the SBA certification database to count as similarly situated. Any work that a first tier SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13

CFR 125.6.

(e) Required limitations on subcontracting compliance measurement period. An SDVOSB shall comply with the limitations on subcontracting as follows:

[] By the end of the base term of the contract or order, and then by the end of each subsequent option period; or

[] By the end of the performance period for each order issued under the contract.

(f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture complies with the requirements in 13 CFR 128.402 and the managing joint venture partner makes the representations under paragraph (c) of this clause. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

(g) Precedence. The VA Veterans First Contracting Program, as defined in VAAR 802.101, subpart 819.70, and this clause, takes precedence over any inconsistencies between the requirements of the SBA Veteran Small Business Certification Program and the VA Veterans First Contracting Program.

(h) Misrepresentation. Pursuant to 38 U.S.C. 8127(g), any business concern, including all its principals, that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB status is subject to debarment from contracting with the Department for a period of not less than five years (see VAAR 809.406–2 Causes for Debarment).

(End of Clause)

C.3 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON

SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND

PRODUCTS (JAN 2023) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(l)(2), the offeror certifies that—

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

(i) [ ] In the case of a contract for supplies or products (other than from a nonmanufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219– 73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(ii) [ ] In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) is granted. The offeror understands that, as provided in 13 CFR 121.406(b)(7), such a waiver has no effect on requirements external to the Small Business Act, such as the Buy American Act or the Trade Agreements Act.

(2) Manufacturer or nonmanufacturer representation and certification. [Offeror fillin—check each applicable box below. The offeror must select the applicable provision below, identifying itself as either a manufacturer or nonmanufacturer]:

(i) [] Manufacturer or producer. The offeror certifies that it is the manufacturer or producer of the end item being procured, and the end item is manufactured or produced in the United States, in accordance with paragraph (a)(1)(i).

(ii) [ ] Nonmanufacturer. The offeror certifies that it qualifies as a nonmanufacturer in accordance with the requirements of 13 CFR 121.406(b) and paragraph (a)(1)(ii). The offeror further certifies it meets each element below as required in order to qualify as a nonmanufacturer.

[ ] The offeror certifies that it does not exceed 500 employees (or 150 employees for the Information Technology Value Added Reseller exception to NAICS code 541519, which is found at 13 CFR 121.201, footnote 18).

[ ] The offeror certifies that it is primarily engaged in the retail or wholesale trade and normally sells the type of item being supplied.

[ ] The offeror certifies that it will take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice.

(iii) [ ] The offeror certifies that it will supply the end item of a small business manufacturer, processor, or producer made in the United States, unless a waiver as provided in 13 CFR 121.406(b)(5) has been issued by SBA. [Contracting Officer fill-in or removal (see 13 CFR 121.1205). This requirement must be included for a single end item. However, if SBA has issued an applicable waiver of the nonmanufacturer rule for the end item, this requirement must be removed in the final solicitation or contract.] or [Contracting officer tailor clause to remove one or other block under subparagraph (iii).]

[ ] If this is a multiple item acquisition, the offeror certifies that at least 50% of the estimated contract value is composed of items that are manufactured by small business concerns. [Contracting Officer fill-in or removal. See 13 CFR 121.406(d) for multiple end items.

If SBA has issued an applicable nonmanufacturer rule waiver, this requirement must be removed in the final solicitation or contract.]

(3) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(4) If VA determines that an SDVOSB/ VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and…