36C25726Q0419 Thermal Therapy Devicesv 02.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

36C25726Q0419 04-08-2026

Matthew G. Clements 682-390-2346 04-20-2026

10:00A.M CDT

36C257

Department of Veterans Affairs

NCO 17 North Texas Healthcare System

Regional Procurement Office West (RPO-W)

124 E. Hwy 67, Suite 100

Duncanville TX 75137

X 100

X

334510

1250 Employees

N/A

X

36C257

Department of Veterans Affairs

North Texas Healthcare System

ATTN: Prosthetics

4500 S. Lancaster Rd.

Dallas TX 75216

36C257

NCO 17

Department of Veterans Affairs

North Texas Veterans Health Care Center

124 E. Hwy 67, Suite 100

Duncanville TX 75137

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

Monthly Delivery of Thermal Therapy Device for the North Texas VA HealthCare Network.

Please see schedule.

This is a SDVOSB/VOSB set aside.

All Offerors must be registered in SBA Veteran Certify portal at https://veterans.certify.sba.gov.

Questions may be asked and are due no later than 04/13/2026 by 10:00 A.M CST

Responses will be provided via an amendment by 04/15/2026 by 10:00 A.M CST.

See CONTINUATION Page

X X

X 1

Matthew G. Clements

Contracting Officer

36C25726Q0419

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 Performance Work Statement (PWS)

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 52.216-18 ORDERING (AUG 2020)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.4 52.216-22 INDEFINITE QUANTITY (NOV 2025) (DEVIATION)

C.5 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

C.6 52.217-7 OPTION FOR INCREASED QUANTITY—SEPARATELY PRICED LINE

ITEM (MAR 1989)

C.7 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.8 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.9 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

C.10 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

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

(DEVIATION)

C.11 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (JAN 2023)

(DEVIATION)

C.12 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

C.13 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) . 37

C.14 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

C.15 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

C.16 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.17 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (OCT 2025) (DEVIATION FEB 2025)

C.18 MANDATORY WRITTEN DISCLOSURES

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 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)

E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.4 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)

E.5 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.6 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS

AND CERTIFICATIONS (NOV 2025) (DEVIATION)

E.7 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.9 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.10 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION

FEB 2025)

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 Matthew G. Clements

Department of Veterans Affairs

NCO 17 North Texas Healthcare System

Regional Procurement Office West (RPO-W)

124 E. Hwy 67, Suite 100

Duncanville TX 75137

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] Monthly

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.

http://www.fsc.va.gov/einvoice.asp

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

AMENDMENT NO DATE

B.2 Performance Work Statement (PWS)

ThermaZone Thermal Therapy Device, Distilled Water and Duffel Bags

1.0 INTRODUCTION/OVERVIEW:

The VISN Consolidated Prosthetics Unit (CPU) needs to procure a Thermal Therapy Device, distilled water, and duffel bag. These devices are listed as ThermaZone Therapy Device with Medical Grade Power Supply. This device is a standardized device being issued by VA providers to help Veterans with pain management and recovery. The device is used for pain management and recovery. It provides hot and cold therapy without the need for ice, making it a non-opioid option for various pain conditions. The device is for targeted, localized, and consistent temperature management which is beneficial for chronic pain and post-surgical recovery.

1.1 BACKGROUND:

VISN 17 instituted a centralized distribution center for the express purpose of distributing products to support the VISN 17 Prosthetics offices. However, due to the success of the CPU, demand for this product has exceeded the current acquisition methods and requires a more robust and flexible method of obtaining these devices.

In order to fulfill the material supplies required for uninterrupted operation of its mission, VISN 17 intends to competitively establish contract as a simplified method for filling anticipated repetitive needs for supplies.

VISN 17 has required and will require in the future ThermaZone therapy devices with accessories including:

Annual Product Estimation

ThermaZone Therapy Device (BRAND NAME OR EQUAL) 1656

Distilled Water Bottle, 16.9 FL OZ 1656

ThermaZone Duffel Bag (BRAND NAME OR EQUAL) 1656

This procurement is for the therapy devices, distilled water, and duffel bags. Most of the supplies (pads) are contracted through our Medical/Surgical Prime Vendor (MSPV) and will not be a part of this acquisition.

Performance Work Statement

While the Government anticipates this level of demand to continue in support of CPU operations, this estimate does not guarantee or imply that any number of orders will be placed under this contract. The actual quantities which will be contracted for with suppliers will be based upon the number of patients who are determined eligible by the VA to receive the ThermaZone therapy devices.

1.2 SCOPE:

The contractor shall provide all resources necessary to accomplish the deliverables described here in this statement of work and salient characteristics document, except as may otherwise be specified. Contractor shall procure ThermaZone therapy device and accessories as identified below in General Requirements and Salient Characteristics.

Definitions

“Contract” means a mutually binding legal relationship obligating the supplier to furnish the supplies and the Government to pay for them. It includes all types of commitments that obligate the Government to an expenditure of appropriated funds and that, except as otherwise authorized, are made in writing by the Contracting Officer. Contracts include, but are not limited to, orders or bilateral modifications to orders, under which the contract becomes effective by written accept

“F.O.B. Destination” means Free on Board at Destination; i.e., the supplier delivers the goods on the supplier’s conveyance at destination. The supplier is responsible for the cost of shipping and risk of loss.

“In writing” or "written" means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

“Latent defect” means a defect that exists at the time of acceptance but cannot be discovered by a reasonable inspection.

“Warranty” means a promise or affirmation given by a contractor to the Government regarding the nature, usefulness, or condition of the supplies or performance of services furnished under the contract.

“Obsolescence” means a condition where an item or any critical component is no longer manufactured, supported, or available in a manner that reasonably allows the Contractor to fulfill contract requirements during the contract period of performance and any options.

“Form, Fit, and Function (FFF) compatible” means a replacement item that is physically interchangeable, interfaces identically, and meets or exceeds the performance characteristics and essential features of the specified item without adverse impact to safety, cybersecurity, interoperability, or warranty.

“Product Change Notice (PCN)” means a manufacturer’s formal notice of product discontinuation, end-of-life (EOL), or material design change.

1.3 OBJECTIVES:

This contract will be a base plus (3) year option firm fixed price contract for the ThermaZone therapy device and accessories.

The awarded contractor will provide the CPU with devices bi-monthly on a scheduled basis without delay or disruption.

2.0 REQUIREMENTS/SALIENT CHARACTERISTICS:

The therapy device must have the minimum characteristics as described below:

ThermaZone Therapy Device

(BRAND NAME OR EQUAL)

Therapy Device for Pain Management

Provides hot and cold therapy without the need for ice, making it a non-opioid option for various pain conditions.

Temperature Levels 20 adjustable temperature levels

Timer 5 preset timer options

Power Adapter plug for medical grade AC/DC power supply and auto power cord

Dimensions 11” L x 4.5” W x 4.5” H

Weight 3.7 lbs (without water)

Control Panel Easy to use on/off control panel with mode and temperature control buttons

Consumables Distilled water bottle 16.9 FL OZ, duffle bag, front & side head pad, rear (occipital) head pad, eye pad, back extender strap, and cervical strap

2.1 DELIVERABLES:

Delivery of the ThermaZone therapy device and accessories will be completed on the 1st and 15th of each month.

2.2 SCHEDULE: The supplier shall deliver all items ordered under the contract during standard operating hours, Monday through Friday, 8:00am-3:30pm, excluding Federal Holidays, to the following location:

Delivery Address:

CPU BONHAM VA MEDICAL CENTER

ATTN: SHELLMAN /VISN 17

1201 E. 9TH STREET BLDG 10

BONHAM, TX 75418

Responsibilities: The contractor shall provide a bi-monthly drop shipment to the CPU. The contractor shall ensure appropriate stock is available to ensure prompt delivery can be made on the 1st and 15th of each month. CPU points of contact shall communicate with the contractor any issues concerning the shipment and delivery of products.

Order Placement: The contractor shall deliver the requested quantities each month.

Product Like or

Similar Part

Number

Bi-Monthly

Quantity (1st and 15th)

ThermaZone Therapy device (to include distilled water bottle 16.9 FL OZ with each device)

003-99 69

Distilled Water Bottle, 16.9 FL OZ 003-38 69

ThermaZone Duffel Bag 003-05 69

The supplier shall maintain sufficient stock and ship the requested quantities to the CPU on a bi-monthly basis. The requested amount shall be shipped to the CPU at no charge to the government or FOB destination. At no time shall the supplier ship supplies/devices to the CPU beyond the awarded contracted quantity.

Warranty and Guarantees: The supplier shall include its express warranty along with the price list, which is incorporated into the supplier’s contract.

The supplier’s express warranty or guarantee must protect the Government against any manufacturing, and any other latent defects, for a period of one year or more. During the warranty or guarantees period, the supplier shall make all necessary adjustments resulting from any such defects and agrees to furnish without additional cost to the Government, all labor, and materials necessary to correct defects that were detected during the warrantee or guarantees period at no cost to the Government. The supplier further agrees to replace any defective ThermaZone therapy device or accessories through exchange of defective stock for acceptable ThermaZone therapy device or accessories at no additional cost to the Government (e.g. shipping, handling, and/or restock fees)

Supplier performance, including order fulfillment and quality of materials, will be continuously assessed by the Government. The Supplier Performance Requirements Summary Matrix summarizes supplier performance standards identified throughout the supplier’s contract. The Government shall use this matrix as a rubric to determine whether the supplier’s performance falls within an Acceptable Quality Level (AQL) and identifies assessments for supplier performance below the AQL.

Obsolescence: In the event that the ThermaZone therapy device and accessories becomes obsolete, the Contractor shall notify the Contracting Officer (CO) in writing within ten (10) business days after becoming aware of any PCN, EOL, or obsolescence condition that may affect the ability to deliver the item, spares, accessories, consumables, software/firmware, or maintenance services under this contract.

The notice shall include: (i) the affected manufacturer part number(s), model(s), serial/lot applicability; (ii) last-time-buy date(s) and quantities; (iii) the proposed replacement item(s) with full technical description; (iv) impact to interfaces, dimensions, performance, safety/cybersecurity certifications, and maintenance/warranty; and (v) proposed schedule and transition plan.

Replacement Item Requirements: The Contractor shall propose a replacement that is FFF-compatible and that meets or exceeds the salient characteristics/specifications in the PWS. If exact FFF compatibility is not feasible, the Contractor shall identify all deviations and any required installation changes, adapters, cables, software/firmware updates, training, or documentation.

Replacement items shall be new (not refurbished), from an authorized manufacturer/authorized distributor, and maintain equal or better warranty coverage, parts availability, and service support.

For items with software/firmware, the Contractor shall ensure the replacement is compatible with existing configurations and complies with applicable cybersecurity requirements (e.g., FIPS/VA cybersecurity controls as specified in Section C), and shall provide any required updates at no additional cost unless otherwise approved by the CO.

Government Approval Prior to Substitution: The Contractor shall not substitute any item without prior written approval from the CO. Unauthorized substitutions may be rejected at the Contractor’s expense. The Government will review the Contractor’s proposal and notify the Contractor of approval or disapproval within thirty (30) calendar days, or such other period as agreed in writing.

Pricing and Adjustments: Unless otherwise agreed, the unit price of an approved replacement item shall not exceed the contract unit price for the original item. If the proposed replacement increases cost, the Contractor shall provide adequate price justification (e.g., catalog pricing, commercial sales data, or other cost/price information consistent with FAR Part 12/15, as applicable). Any price increase requires a bilateral modification. Any cost decreases associated with technology refresh or replacement shall be passed through to the Government via equitable price reduction.

Requirement Acceptable Quality Level

Method of Surveillance

Assessment for Supplier Failing to

Maintain AQL

The supplier shall provide all ThermaZone therapy devices and accessories ordered under the contract in strict conformance to the ID/IQ and order sheet provided by the Government as a part of the order and resulting contract.

100% Monitored continuously through the routine ThermaZone therapy device and accessories ordering process.

- Total or partial termination for cause of contract;

- 10% Reduction of payment for all remaining invoices for contract;

- Supplier adverse past performance recorded;

- Opportunity will not be provided to supplier for future orders;

- Potential cancellation of supplier’s ID/IQ.

The supplier shall notify the CO immediately of product recalls, removal, required adjustment, or modification within required timelines.

100% Monitored continually through oversight.

- Supplier adverse past performance recorded;

- Opportunity will not be provided to supplier for future orders;

- Potential cancellation of supplier’s ID/IQ.

2.3 HOURS OF OPERATION:

Delivery shall be performed during normal working hours from 8:00 am to 3:30 pm excluding federal holidays unless requested and approved by the COR. Federal holidays include:

New Years' Day Martin Luther King Jr. Day Presidents' Day Memorial Day Juneteenth

Independence Day Labor Day Columbus Day Veterans’ Day Thanksgiving Day Christmas Day

When a holiday falls on a Sunday, the following Monday shall be observed as a legal holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a legal holiday by U.S.

Government agencies. Also, included, would be any other day specifically declared by the President of the United States of America to be a National Holiday.

3.0 INVOICING AND BILLING:

In 2007 the Department of Veterans Affairs (VA) entered a relationship with Tungsten Network. With Tungsten Network, all Department of Veterans Affairs suppliers will now be able to securely submit invoices directly from their existing invoicing formats. In addition, by submitting invoices electronically through Tungsten Network, Department of Veterans Affairs suppliers will experience prompt payment with reduced exceptions.

An itemized invoice shall accompany each filled order from the contractor. This invoice must include invoice number, VA Obligation Number (Task Order number), ordering PO number, Order Date, Ship Date, Description of items, and show quantities of each item ordered, shipped, and backordered, as well as item cost, extended cost, and invoice total cost. The itemized billing invoices will be submitted to the VA Financial Services Center (VAFSC) for payment through Tungsten Network for payment no later than 10 working days after each month of service. Billing invoices can be submitted sooner if desired by the Contractor.

4.0 INFORMATION SECURITY AND PRIVACY:

Information System Officer, Information Protection:

The contractor will not have access to VA Desktop computers.

Privacy Officer:

The contractor, their personnel, and their subcontractors shall be subject to the Federal laws, regulations, standards, and VA Directives and Handbooks regarding information and information system security as delineated in this contract.

Consistent with the requirements of 38 U.S.C. 5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract. However, it is the policy of VA to forgo collection of liquidated damages in the event the contractor provides payment of actual damages in an amount determined to be adequate by the agency.

5.0 RECORDS MANAGEMENT

A. Applicability

This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

B. Definitions

“Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

1. includes VA records.

2. does not include personal materials.

3. applies to records created, received, or maintained by Contractors pursuant to their VA contract.

4. may include deliverables and documentation associated with deliverables.

C. Requirements

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. VA and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of [Agency] or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to VA. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know.

6. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected.

The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to VA control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the contract.

Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

7. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and VA guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

8. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with VA policy.

9. The Contractor shall not create or maintain any records containing any non-public VA information that are not specifically tied to or authorized by the contract.

10. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

11. The VA owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which VA shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20

Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.]

D. Flowdown of requirements to subcontractors

1. The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this firm fixed contract, and require written subcontractor acknowledgment of same.

2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVIC

ES

QUANTIT

Y

UNI

T UNIT PRICE AMOUNT

1,656.00 EA ________________

125914 THERMAZONE DEVICE 003-99 (BRAND NAME OR

EQUAL)

Contract Period: Base POP Begin: 05-01-2026 POP End: 04-30-2027

LOCAL STOCK NUMBER: 003-99

125917 DUFFLE BAG 003-05 (BRAND NAME OR EQUAL)

Contract Period: Base POP Begin: 05-01-2026

LOCAL STOCK NUMBER: 003-05

DISTILLED WATER BOTTLE 16.9FL OZ 003-38 (BRAND

NAME OR EQUAL)

Contract Period: Base POP Begin: 05-01-2026

LOCAL STOCK NUMBER: 003-38

125914 THERMAZONE DEVICE 003-99 (BRAND NAME OR

EQUAL)

Contract Period: Base POP Begin: 05-01-2027 POP End: 04-30-2028

125917 DUFFLE BAG 003-05 (BRAND NAME OR EQUAL)

Contract Period: Option 1

POP Begin: 05-01-2027

DISTILLED WATER BOTTLE 16.9FL OZ 003-38 (BRAND

NAME OR EQUAL)

Contract Period: Option 1 POP Begin: 05-01-2027

125914 THERMAZONE DEVICE 003-99 (BRAND NAME OR

EQUAL)

Contract Period: Option 2 POP Begin: 05-01-2028 POP End: 04-30-2029

125917 DUFFLE BAG 003-05 (BRAND NAME OR EQUAL)

Contract Period: Option 2 POP Begin: 05-01-2028

DISTILLED WATER BOTTLE 16.9FL OZ 003-38 (BRAND

NAME OR EQUAL)

Contract Period: Option 2 POP Begin: 05-01-2028

125914 THERMAZONE DEVICE 003-99 (BRAND NAME OR

EQUAL)

Contract Period: Option 3 POP Begin: 05-01-2029

POP End: 04-30-2030

125917 DUFFLE BAG 003-05 (BRAND NAME OR EQUAL)

Contract Period: Option 3 POP Begin: 05-01-2029

DISTILLED WATER BOTTLE 16.9FL OZ 003-38 (BRAND

NAME OR EQUAL)

Contract Period: Option 3 POP Begin: 05-01-2029

GRAND TOTAL ________________

B.4 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

0001-

CPU BONHAM VA MEDICAL

CENTER

ATTN: SHELLMAN /VISN 17

1201 E. 9TH STREET BLDG

BONHAM, TX 75418

1,656.00 05/01/2026 – 04/30/2027

1001-

ATTN: SHELLMAN /VISN 17

1201 E. 9TH STREET BLDG

BONHAM, TX 75418

1,656.00 05/01/2027 – 04/30/2028

2001-

ATTN: SHELLMAN /VISN 17

1,656.00 05/01/2029 – 04/30/2030

1201 E. 9TH STREET BLDG

BONHAM, TX 75418

3001-

CPU BONHAM VA MEDICAL

CENTER

ATTN: SHELLMAN /VISN 17

1201 E. 9TH STREET BLDG

BONHAM, TX 75418

1,656.00 05/01/2030 – 04/30/2031

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 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from through .

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the

Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of Clause)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than , the Government is not obligated to purchase, nor is the

Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of ; $1M

(2) Any order for a combination of items in excess of ; or $2M

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection

52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within days after issuance, with written notice stating the

Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.4 52.216-22 INDEFINITE QUANTITY (NOV 2025) (DEVIATION)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the

Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the ordering period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order, which may include order options to be exercised after the ordering period of this contract but before the end of the period of performance of the order. The contract shall govern the Contractor's and

Government's rights and obligations with respect to that order, including options exercised, to the same…