36C26024Q0536.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

36C26024Q0536 05-15-2024 to be given at award to be given at award 07-31-2024

17:30 PDT

Network Contracting Office 20

ATTN: V4CONT

1601 E. Fourth Plain Blvd

Bldg.17, Suite B428

Vancouver WA 98661

X 100

X

339112

1000 Employees

NET 30

N/A

Department of Veterans Affairs

Portland VA Medical Center

Warehouse

1601 East Fourth Plain Blvd

Vancouver WA 98661

36C260

Network Contracting Office 20

ATTN: V4CONT

1601 E. Fourth Plain Blvd

Bldg.17, Suite B428

Vancouver WA 98661

Dept of Veterans Affairs

FMS-VA-2(101)

Financial Services Center

PO BOX 149971

Austin TX 78714-9971

See CONTINUATION Page

This is a brand name or equal to soliciation please see salient characteristics for all equal to.

RFQ 36C26024Q0536 is a total SDVOSB set aside all offerors must be certified in SBA vet cert at time of offer to be considered for award.

The last day for questions in regards to RFQ 36C26024Q0536 is 07/20/2024 at 17:30 PST. RFQ 36C26024Q0536 closes at

17:30 PST 06/31/2024

All questions must be submitted in writing via email only to Nicholas.Price@va.gov

Please include spec sheets with your submission.

RFQ 36C26024Q0536 will result in an award to a SDVOSB as a firm fixed price contract.

See CONTINUATION Page

36C26024Q0536

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 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

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

C.3 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.4 VAAR 852.211-70 EQUIPMENT OPERATION AND MAINTENANCE MANUALS

(NOV 2018)

C.5 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023)

C.6 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

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

(DEVIATION)

C.7 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (JAN 2023)

(DEVIATION)

C.8 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.9 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 26

C.10 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

C.11 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

C.12 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (FEB 2024)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

E.2 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.4 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

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

E.6 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

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 (FEB 2024)

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 36C260

Network Contracting Office 20

ATTN: V4CONT

1601 E. Fourth Plain Blvd

Bldg.17, Suite B428

Vancouver WA 98661

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

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

[X] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] After acceptance and delivery IAW FAR 52.212-4(a)

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

Salient Characteristics

(Qty 50)

• Custom Infusion Pump Stand, Stainless Steel, Large 26” diameter 5-leg solid bottom (no cutout) base, offset pole with pump alignment keyway. Includes 8 hook Rake Top.

• Manufactured with austenitic stainless steel (a mix of grade 201 and grade 304).

• Bag Drop Prevention Device allows for controlled descent of pole. Stainless steel IV hook assembly features eight hooks.

• Heavy duty 3" sealed casters with precision ball bearings.

• Stainless steel base. Pole sleeve welded securely to the base for reinforced stability.

Patient handle,

• Stainless Steel, Includes mounting clamp and buttons with Snap-In tray.

• Poles need to have a minimum height of 70” and a maximum height of 120”. Base of the pole needs to weigh at least 25lbs to prevent tip overs.

(Qty 2)

• Instrument table, 16”Dx20”Wx34”H, with shelf, two drawers and rail. Features 3" corrosion-resistant core casters

• Manufactured with austenitic stainless steel (a mix of grade 201 and grade 304).

Improves the control of undesirable substances.

• Full extending drawer hangers. Sound-deadened reinforcing channels for quiet use and added strength.

• 1½" high 3-sided top rail.

(Qty 2)

• Instrument table, 16”Dx20”Wx34”H, with shelf and two drawers. Features 3" corrosion-resistant core casters

• Manufactured with austenitic stainless steel (a mix of grade 201 and grade 304).

Improves the control of undesirable substances.

• Full extending drawer hangers. Sound-deadened reinforcing channels for quiet use and added strength.

(Qty 1) Instrument table, 16”Dx20”Wx34”H, with shelf. Features 3" corrosion-resistant casters Manufactured with austenitic stainless steel (a mix of grade 201 and grade 304). Improves the control of undesirable substances. Sound-deadened reinforcing channels for quiet use and added strength. 1½" high 3-sided top rail.

(Qty 1) Foot operated hydraulic surgeon’s stool, 16” round seat, without backrest. Weight capacity rating of 300lbs or more. 21” diameter base. High grade 3” casters. Hydraulic height adjustable from 22¾” to 30¼”- single pedal foot operated. Powder coated 5-caster base. Three locking casters.

(Qty 1) Instrument table, 20”Dx36”Wx34”H, with shelf. Soundproofed reinforcing channels for quiet use.

Manufactured with austenitic stainless steel (a mix of grade 201 and grade 304). 3" rubber, double ball bearing casters for silent mobility. 18g steel for the shelves and 16g steel for the legs.

(Qty 7) Instrument table, 20”Dx36”Wx34”H, without shelf. Soundproofed reinforcing channels for quiet use. Manufactured with austenitic stainless steel (a mix of grade 201 and grade 304). 3" rubber, double ball bearing casters for silent mobility. 18g steel for the shelves and 16g steel for the legs.

(Qty 1) Instrument table, 24”Dx60”Wx34”H, with shelf. Soundproofed reinforcing channels for quiet use.

Manufactured with austenitic stainless steel (a mix of grade 201 and grade 304). 3" rubber, double ball bearing casters for silent mobility. 18g steel for the shelves and 16g steel for the legs.

(Qty 1) Instrument table, 24”Dx36”Wx34”H, with shelf. Soundproofed reinforcing channels for quiet use.

Manufactured with austenitic stainless steel (a mix of grade 201 and grade 304). 3" rubber, double ball bearing casters for silent mobility. 18g steel for the shelves and 16g steel for the legs.

(Qty 2) Over-Operating table, base 27¾”W clearance between legs and with 42”W x 36”D top. Includes 3” Casters with integrated brakes and swivel locks. Hand crank height adjustable from 37¼” to 51¼”. Manufactured with austenitic stainless steel (a mix of grade 201 and grade 304).

(Qty 1) Pediatric scale table, 33W”x18”Dx35½”H. Designed for use with common electronic scales Oversize 4” casters for easy movement. One brake caster for stability.

Manufactured with austenitic stainless steel (a mix of grade 201 and grade 304).

(Qty 15) Custom Instrument table, 40”Wx20”Dx36”H, without a shelf. Soundproofed reinforcing channels for quiet use. Manufactured with austenitic stainless steel (a mix of grade 201 and grade 304).

3" rubber, double ball bearing casters for silent mobility.

18g steel for the shelves and 16g steel for the legs.

(Qty 10) Single basin stand with stainless steel basin and lower shelf. Open frame design allows access from all sides. Elevated ring basin bracket. One removable 13½” diameter, 7 quart basin.

Features 3" corrosion-resistant core casters Manufactured with austenitic stainless steel (a mix of grade 201 and grade 304). 18g steel for the shelves and 16 g steel for the legs.

(Qty 24) O.R. cabinet, single door, sloped top, three solid shelves, 26-3/4"Wx28-1/2"Dx79-7/8"H, Caster Base. 19 cabinets with left side hinge. 5 cabinets with right side hinge. Manufactured with austenitic stainless steel (a mix of grade 201 and grade 304). Cabinet manufactured with 18g steel. Bottom of caster base manufactured with 16g steel, reinforced and sound deadened.

Paddle latch engages at the center of cabinet with lock. 3/16” tempered glass with rubber edge cap around window. 5” diameter total lock caster with a 325lbs weight capacity. 90 Solid shelves for the 24 cabinets. Three each per cabinet. Shelf load capacity- 80lbs uniform load. 18g steel construction; fixed shelf in the middle. Top and bottom shelves adjust every ½”. 100 shelf dividers for the 24 cabinets and 90 shelves.

(Qty 25) Modified large treatment cabinet, Overall Size 28"Wx18"Dx33"H and three- sided guardrail. One additional 14”H drawer included, instead of doors on the bottom of the cabinet. 2” double ball bearing swivel casters. Manufactured with austenitic stainless steel (a mix of grade 201 and grade 304).

(Qty 5) Anesthetist cabinet with four stainless steel drawers. Full extending drawer hangers.

Removable 125/8"x191/8" stainless steel tray. Features 3" corrosion-resistant casters Manufactured with austenitic stainless steel (a mix of grade 201 and grade 304).

(Qty 3) Custom Instrument table, 54”Wx30”Dx36”H, without shelf. Soundproofed reinforcing channels for quiet use. Manufactured with austenitic stainless steel (a mix of grade 201 and grade 304).

3" rubber, double ball bearing casters for silent mobility.

18g steel for the shelves and 16g steel for the legs.

(Qty 60) Stacking footstool, stainless steel, 14”Dx19”Wx6”H. 650lbs weight capacity. Slip resistant top.

Safely stack for increased height and interlock to create larger platforms. Manufactured with austenitic stainless steel (a mix of grade 201 and grade 304). 10 Transport carts for footstools that can hold up to six footstools. 28”Dx14¾”Wx40½”H Constructed of 1” tubular steel. 3” diameter Genesis maintenance-free swivel casters.

(Qty 1) O.R. cabinet, double door, sloped top, four solid shelves, 48"Wx22-1/2"Dx88-1/8"H, Caster Base Custom 7” sloped top instead of a standard 12 inch. Manufactured with austenitic stainless steel (a mix of grade 201 and grade 304). Cabinet manufactured with 18g steel.

Bottom of caster base manufactured with 16g steel, reinforced and sound deadened. Paddle latch engages at the center of cabinet with lock. 3/16” tempered glass with rubber edge cap around window. 5” diameter total lock caster. Shelf load capacity: 80lbs uniform load. 1 Solid shelves for cabinet making it five solid shelves per cabinet. 18g steel construction; fixed shelf in the middle. Top and bottom two shelves adjust every ½”. 20, 10” shelf dividers for the shelves.

(Qty 1) Base cabinet, custom, stainless steel, 47"W x 24"D x 34"H, two solid doors, two solid shelves, two drawers. Manufactured with austenitic stainless steel (a mix of grade 201 and grade 304).

(Qty 1) Instrument table, 16”Wx20”Dx34”H, with shelf. One drawer and rail. Soundproofed reinforcing channels for quiet use. Manufactured with austenitic stainless steel (a mix of grade 201 and grade 304). 3" rubber, double ball bearing casters for silent mobility. 18g steel for the shelves and 16g steel for the legs.

(Qty 6) O.R. cabinet, double door, sloped top, four solid shelves, 48"Wx22-1/2"Dx88-1/8"H, Caster Base. Manufactured with austenitic stainless steel (a mix of grade 201 and grade 304). Cabinet manufactured with 18g steel. Bottom of caster base manufactured with 16g steel, reinforced and sound deadened. Paddle latch engages at the center of cabinet with lock. 3/16” tempered glass with rubber edge cap around window. 5” diameter total lock caster. Shelf load capacity: 80lbs uniform load. 18 Solid shelves for cabinets making it five solid shelves per cabinet. 18g steel construction; fixed shelf in the middle. Top and bottom two shelves adjust every ½”.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVIC

ES

QUANTIT

Y

UNI

T UNIT PRICE AMOUNT

50.00 EA ________________

77524 - Infusion Pump Stand, Stainless Steel, Large 26" Dia 5-Leg Solid Bottom (No Cuttout) Base, Offset pole with pump alignment keyway With 8-Hook Rake Top.

MANUFACTURER PART NUMBER (MPN): 77524

P-3305 - Patient Handle, SS, Includes P-3500 Mounting Clamp and Buttons for Snap-In P-3305-T Tray (Ordered Seperatly). For All Pedigo IV Stands.

MANUFACTURER PART NUMBER (MPN): P-3305

P-3305-T Tray, Snap-In for P-3305, 3306, and 3307 Patient Handles. Black ABS Plastic.

MANUFACTURER PART NUMBER (MPN): P-3305-T

2.00 EA ________________

Table, 16" x 20" x 34"H, With Shelf, Two Drawers, No Rail

MANUFACTURER PART NUMBER (MPN): SG-80-C-SS

Table, 16" x 20" x 34"H, With Shelf, Two Drawers And Rail

MANUFACTURER PART NUMBER (MPN): SG-80-A-SS

1.00 EA ________________

Table, 16" x 20" x 34"H, With Shelf And Rail

LOCAL STOCK NUMBER: SG-81-SS

Stool, Surgeon's, Hydraulic, Foot Operated, With 16" Round Seat. Without Backrest. Lake Blue.

LOCAL STOCK NUMBER: P-6001-LAK

Table, 20" x 36" x 34"H, With Shelf

LOCAL STOCK NUMBER: SG-88-SS

7.00 EA ________________

Table, 20" x 36" x 34"H, Without Shelf

LOCAL STOCK NUMBER: SG-89-SS

Table, 24" x 60" x 34"H, With Shelf

LOCAL STOCK NUMBER: SG-94-SS

Table, 24" x 36" x 34"H, With Shelf

LOCAL STOCK NUMBER: SG-98-SS

Over-Operating Table, base only, for P-5182, standard size, 28"W inside clearance between legs.

LOCAL STOCK NUMBER: P-5182-3

P-5182-4236 P-5182 top only, alternate size, 42"W x 36"D.

per Pedigo drawing #0177-00111 Rev 'A'

LOCAL STOCK NUMBER: P-5182-4236

Pediatric scale table

LOCAL STOCK NUMBER: ST-1833-SS

15.00 EA ________________

The Custom SG Table without a shelf 40"W x 20"D x 36"H

LOCAL STOCK NUMBER: N/A

10.00 EA ________________

Single Basin Stand With SS Basin And Lower Shelf.

LOCAL STOCK NUMBER: P-1078-W/S-SS

24.00 EA ________________

O.R. cabinet, single door, sloped top, three solid shelves, 26- 3/4"W x 28-1/2"D x 79-7/8"H, Caster Base. Per Pedigo drawing #0177-84344 REV B

LOCAL STOCK NUMBER: P-8025-W/C

90.00 EA ________________

Solid Shelf, For All 25-3/4"W x 24"D O.R. Cabinets: P-8020, P-8025, P-8120, P-8125, P-8220, P-8225

LOCAL STOCK NUMBER: P-8020-SS

100.00 EA ________________

CUSTOM SHELF DIVIDERS

LOCAL STOCK NUMBER: CUSTOM SHELF DIVIDERS

25.00 EA ________________

MODIFIED P-5091 WITH DRAWERS ALL THE WAY DOWN

AND ON CASTERS. INCLUDES (1) DRAWER IN EACH- 14"

HIGH

LOCAL STOCK NUMBER: MODIFIED ITEM

5.00 EA ________________

Anesthetist Cabinet With Four SS Drawers.

LOCAL STOCK NUMBER: P-1105-SS

3.00 EA ________________

CUSTOM, NO SHELF SG TABLES 54"W X 30"D X 36"H

LOCAL STOCK NUMBER: CUSTOM

10.00 EA ________________

Transport Cart For P-1015.

LOCAL STOCK NUMBER: P-1015-TC

60.00 EA ________________

Stacking Footstool, Stainless Steel, 14"D x 19"W x 6"H.

LOCAL STOCK NUMBER: P-1015

O.R. cabinet, double door, sloped top, four solid shelves, 48"W X 22-1/2"D X 88-1/8"H, Caster Base. Per Pedigo drawing #0177-84367 Rev. C

LOCAL STOCK NUMBER: P-8135-W/C

Solid Shelf, For All 47"W x 18"D O.R. Cabinets: P-8030, P- 8035, P-8130, P-8135, P-8230, P-8235

LOCAL STOCK NUMBER: P-8030-SS

20.00 EA ________________

CUSTOM SHELF DIVIDERS 10"

LOCAL STOCK NUMBER: DIVIDERS

Base cabinet, custom, stainless steel, 47"W x 24"D x 34"H, two solid doors, two solid shelves, two drawers.

LOCAL STOCK NUMBER: 84436

1.00 EA ________________ ________________

Table, 16" x 20" x 34"H, With Shelf, One Drawer And Rail

LOCAL STOCK NUMBER: SG-80-SS

6.00 EA ________________

O.R. cabinet, single door, sloped top, four solid shelves, 26- 3/4"W x 28-1/2"D x 91-7/8"H., Caster Base. Per Pedigo drawing #0177-84404 Rev. B

LOCAL STOCK NUMBER: P-8125-W/C

18.00 EA ________________

Solid Shelf, For All 25-3/4"W x 24"D O.R. Cabinets: P-8020, P-8025, P-8120, P-8125, P-8220, P-8225

LOCAL STOCK NUMBER: P-8020-SS

GRAND TOTAL ________________

B.3 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

All SHIP TO: Department of Veterans Affairs VA Portland Health Care System 3710 SW US Veterans Hospital Rd Portland, OR 97239

USA

All Please submit best delivery time

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 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

FAR

Number

Title Date

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON

POSTCONSUMER FIBER CONTENT PAPER

MAY 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.247-34 F.O.B. DESTINATION NOV 1991

C.3 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of

Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

C.4 VAAR 852.211-70 EQUIPMENT OPERATION AND MAINTENANCE

MANUALS (NOV 2018)

The Contractor shall follow standard commercial practices to furnish manual(s), handbook(s) or brochure(s) containing operation, installation, and maintenance instructions, including pictures or illustrations, schematics, and complete repair/test guides, as necessary, for technical medical equipment and devices, and/or other technical and mechanical equipment provided per CLIN(s)

. The manuals, handbooks or brochures shall be provided in hard copy, soft copy or with electronic access instructions, consistent with standard industry practices for the equipment or device. Where applicable, the manuals, handbooks or brochures will include electrical data and connection diagrams for all utilities. The documentation shall also contain a complete list of all replaceable parts showing part number, name, and quantity required.

(End of Clause)

C.5 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB

2023)

(a) No used, refurbished, or remanufactured supplies or equipment/parts shall be provided.

This procurement is for new Original Equipment Manufacturer (OEM) items only. No gray market items shall be provided. Gray market items are OEM goods intentionally or unintentionally sold outside an authorized sales territory or sold by non-authorized dealers in an authorized sales territory.

(b) No counterfeit supplies or equipment/ parts shall be provided. Counterfeit items include unlawful or unauthorized reproductions, substitutions, or alterations that have been mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified item from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitutions include used items represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics.

(c) Vendor shall be an OEM, authorized dealer, authorized distributor, or authorized reseller for the proposed equipment/system, verified by an authorization letter or other documents from the

OEM. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions.

(End of Clause)

C.6 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).

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

(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.

(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.7 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…