36C26025Q0852.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

648-25-4-129-0060

36C26025Q0852 08-21-2025

Andrew Barrow andrew.barrow@va.gov 09-5-2025

16:00PM PDT

Network Contracting Office 20

ATTN: V4CONT

1601 E. Fourth Plain Blvd Bldg.17, Suite B428 Vancouver WA 98661

X 100 x

337127

500 Employees

Net 30

N/A

X

36C260

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

Portland VAMC Replacement Chairs for Acute Mental Health This is a brand name or equal solicitation reference SOW for Important information.

All questions for this RFQ must be submitted in writing via Andrew Barrow Andrew.barrow@va.gov and Colleen Nicholson Colleen.nicholson@va.gov no later than August 29, 2025

16:00PM PST.

Quotes are due via email to Andrew Barrow and Colleen Nicholson no later than September 5, 2025 @16:00 PM PST.

This solicitation is set 100% SDVOSB set aside.

See CONTINUATION Page

648-3650160-129-820100-3126 0100C10Z3 648-25-4-129-0060

X X

Colleen Nicholson Contracting Officer mailto:Andrew.barrow@va.gov mailto:Colleen.nicholson@va.gov

36C26025Q0852

Table of Contents

SECTION A……………………………………………………………………………………………..1

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

AND COMMERICAL SERVICES……………………………………………………………………...1

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

B.4 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS- COMMERICIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2023)

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

C.3 52.204-13 System for Award Management Maintenance (OCT 2018)

C.4 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JAN 2025) (DEVIATION FEB 2025)

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 VERIFIED SERVICE-

DISABLED VETERAN OWNED SMALL BUSINESS

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 852.222-71 COMPLIANCE WITH EXECUTIVE ORDER 13899 (DEVIATION)

(APR 2025)

C.9 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.10 VAAR 852.239-76 INFORMATION AND COMMUNICATION TECHNOLOGY

ACCESSIBILITY (FEB 2023)

C.11 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.12 VAAR 852.247-1 DELVIERY LOCATION

C.13 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERICAL PRODUCTS AND

COMMERICAL SERVICES (SEPT 2023)

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.3 52.204-7 SYSTEM FOR AWARD MANAGEMENT

E.4 52.204-16 COMMERICAL AND GOVERNMENT ENTITY CODE REPORTING (AUG

2020)

E.5 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS

REPRSENTATION AND DISCLOSURES

E.6 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

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:

[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] After Government Acceptance

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

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

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Comparable product: Stance Healthcare Onward Lounge Seating https://www.stancehealthcare.com/ecommerce/behavioral-health/all-products/seating/onward-lounge

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

15.00 EA ____________ _____________

Overall Salient Characteristics for 24” Wide Single Lounge

Patient Chair – Qty. (15).

• Dimensions: 29.75” W X 26.75” D X 34.25” H.

• Seating must be fully welded 14-gauge powder coated steel frame. Weight shall be added to inhibit handling.

• End frames must be constructed of double 1” thick plywood panels.

• All fasteners must be tamper-resistant, and the steel seat pan shall conceal upholstery staples.

• Seating must have a closed, sled base, ‘wall saver’ design to protect walls from damage. Sled base legs shall have non-removable glides to protect floors from damage.

• Seating arms must have polyurethane arm caps.

• All seating cushions must have moisture barrier.

• Seating must have clean-out space between seat and back.

• Seating must be fully upholstered (seat, back, and closed arms), and upholstery seating must be 100% Polyurethane / PVC Free with polyester backing. Upholstery finish must be bleach cleanable, anti-microbial, anti-bacterial, and flame resistant, with 500,000 D.R. (Double Rubs) of durability.

Upholstery Grade-in: Momentum Textiles Beeline, color: Lake.

• Weight rating: 550lbs.

PRINCIPAL NAICS CODE: 337127 - Institutional Furniture Manufacturing PRODUCT/SERVICE CODE: 7195 - Miscellaneous Furniture and Fixtures

12.00 EA ___________ _____________

Overall characteristics for 31” Wide Single Lounge Patient

Chair – Bariatric size – Qty. (12)

• Dimensions: 34.5” W X 26.75” D X 34.25” H.

• Seating must be fully welded 14-gauge powder coated steel frame. Weight shall be added to inhibit handling.

• End frames must be constructed of double 1” thick plywood panels.

• All fasteners must be tamper-resistant, and the steel seat pan shall conceal upholstery staples.

• Seating must have a closed, sled base, ‘wall saver’ design to protect walls from damage. Sled base legs shall have non-removable glides to protect floors from damage.

https://www.stancehealthcare.com/ecommerce/behavioral-health/all-products/seating/onward-lounge

• Seating arms must have polyurethane arm caps.

• All seating cushions must have moisture barrier.

• Seating must have clean-out space between seat and back.

• Seating must be fully upholstered (seat, back, and closed arms), and upholstery seating must be 100% Polyurethane / PVC Free with polyester backing. Upholstery finish must be bleach cleanable, anti-microbial, anti-bacterial, and flame resistant, with 500,000 D.R. (Double Rubs) of durability.

Upholstery Grade-in: Momentum Textiles Beeline, Color:

Fossil.

• Weight rating: 750lbs.

PRINCIPAL NAICS CODE: 337127 - Institutional Furniture Manufacturing

1.00 JB _________ ____________

Shipping and Handling

PRINCIPAL NAICS CODE: 337127 - Institutional Furniture Manufacturing

GRAND

TOTAL

B.3 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

0001 SHIP TO: VA Portland Health Care System 3710 SW US Veterans Hospital Road Bldg. 100, 5C Ward.

Portland, OR 97239

USA

15.00

0002 SHIP TO: VA Portland Health Care System 3710 SW US Veterans Hospital Road Bldg. 100, 5C Ward.

Portland, OR 97239

USA

12.00

0003 SHIP TO: VA Portland Health Care System 3710 SW US Veterans Hospital Road

1.00

Bldg. 100, 5C Ward.

Portland, OR 97239 USA

B.4 STATEMENT OF WORK

VAPORHCS New Replacement Behavioral Health Chairs for Ward 5C:

Patient Seating for behavioral health, standard size, sled-base and heavy duty, tamper-proof for Dayroom.

Bariatric patient seating for behavioral health, sled-base and heavy duty for dayroom.

SECTION A:

STATEMENT OF WORK

VA Portland Health Care System (VAPORHCS) is requesting replacement patient lounge chairs for our Acute Mental Health Patient Ward in 5C, building 100 at the Portland VAMC. This is to comply with our facilities’ patient safety guidelines in an acute mental health environment, and to fix deficiencies found during Environment of Care rounds. Furniture described as “patient furniture” must be designed specifically for an acute behavioral health environment which provides durability and safety for both patients and mental health staff.

This procurement shall be fully assembled furniture items and drop-shipped to Portland VAMC 3710 SW US Veterans Rd Portland OR, 97239 United States

SOLICITATION IS FOR PATIENT SEATING ONLY.

ALL PRODUCTS MUST BE ON GSA CONTRACT OR MANUFACTURED IN A FRIENDLY

COUNTRY. REFERENCE UNITED STATES DEPARTMENT OF STATE FOR MORE

INFORMATION. PRODUCT MUST BE WARRANTEED AND DESIGNED FOR A BEHAVIORAL

HEALTH ENVIRONMENT. BEHAVIORAL HEALTH FURNITURE IS NOT ON THE IDIQ AND

DOESN’T HAVE AN MTR CODE.

SEATING MUST BE MANUFACTURED AND CERTIFIED WITH SUSTAINABILITY STANDARDS

WITHIN THE FURNITURE INDUSTRY AND IT MUST CONTRIBUTE TOWARDS LEED-

CERTIFIED ACCREDITATION.

SECTION B:

Chairs for behavioral health must have requirements as specified below.

Facilities Management Service – Ref No. 648-25-4-129-0060

Overall Salient Characteristics for 24” Wide Single Lounge Patient Chair – Qty. (15)

• Dimensions: 29.75” W X 26.75” D X 34.25” H.

• Seating must be fully welded 14-gauge powder coated steel frame. Weight shall be added to inhibit handling.

• End frames must be constructed of double 1” thick plywood panels.

• All fasteners must be tamper-resistant, and the steel seat pan shall conceal upholstery staples.

• Seating must have a closed, sled base, ‘wall saver’ design to protect walls from damage.

Sled base legs shall have non-removable glides to protect floors from damage.

• Seating arms must have polyurethane arm caps.

• All seating cushions must have moisture barrier.

• Seating must have clean-out space between seat and back.

• Seating must be fully upholstered (seat, back, and closed arms), and upholstery seating must be 100% Polyurethane / PVC Free with polyester backing. Upholstery finish must be bleach cleanable, anti-microbial, anti-bacterial, and flame resistant, with 500,000 D.R.

(Double Rubs) of durability. Upholstery Grade-in: Momentum Textiles Beeline, color:

Lake.

• Weight rating: 550lbs.

Overall Characteristics for 31” Wide Single Lounge Patient Chair – Bariatric size – Qty. (12)

• Dimensions: 34.5” W X 26.75” D X 34.25” H.

• Seating must be fully welded 14-gauge powder coated steel frame. Weight shall be added to inhibit handling.

• End frames must be constructed of double 1” thick plywood panels.

• All fasteners must be tamper-resistant, and the steel seat pan shall conceal upholstery staples.

• Seating must have a closed, sled base, ‘wall saver’ design to protect walls from damage.

Sled base legs shall have non-removable glides to protect floors from damage.

• Seating arms must have polyurethane arm caps.

• All seating cushions must have moisture barrier.

• Seating must have clean-out space between seat and back.

• Seating must be fully upholstered (seat, back, and closed arms), and upholstery seating must be 100% Polyurethane / PVC Free with polyester backing. Upholstery finish must be bleach cleanable, anti-microbial, anti-bacterial, and flame resistant, with 500,000 D.R.

(Double Rubs) of durability. Upholstery Grade-in: Momentum Textiles Beeline, color:

Fossil.

• Weight rating: 750lbs.

Comparable product: Stance Healthcare Onward Lounge Seating https://www.stancehealthcare.com/ecommerce/behavioral-health/all-products/seating/onward-lounge

Facilities Management Service – Ref No. 648-25-4-129-0060

SECTION C:

Lead Time and Delivery:

VAPORHCS is expecting a 5 to 6 week lead time after the contract award.

Seating items shall be delivered drop-ship at:

Portland VAMC 3710 SW US Veterans Rd Bldg. 100 5C Ward Portland OR 97239

Furniture Delivery POC information:

Prior to delivering furniture items to our medical center, the vendor must notify the facility’s POC one week in advance to prepare for receiving requested furniture items. Point of Contact is:

o Valeria McCue, (503) 220-8262 Extension 58205 email: Valeria.McCue@va.go.v

SECTION D:

Required Bid Package:

• Reference the first page of this RFQ for specific details/dates, and only submit questions in writing to Contract Specialist Andrew Barrow email: Andrew.Barrow@va.gov, and CO Colleen Nicholson email colleen.nicholson@va.gov. Questions and answers will be answered through an amendment to the solicitation by the CO.

• The medical center expects, a lead time of 5-6 weeks after contract has been awarded, to the successful offeror.

• Include warranty and Greenguard Certification information for each manufacturer as well as proof that furnishings meet the specifications and salient characteristics, and are designed for a healthcare environment. Neglecting to provide this information may result in your offer not being considered.

• The offer should include, but not be limited to: specification cut sheets, and schematic line drawings of proposed furniture items, with dimensions per bill of materials with product subtotal and total cost.

• Before contract is awarded, there might be revisions to the furnishings, particularly finish colors and choices within estimated cost of the request, all to be determined and approved by VAPORHCS interior designer only. There will be no changes after award.

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS- COMMERICIAL

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 mailto:Valeria.McCue@va.go.v mailto:Andrew.Barrow@va.gov 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):

FAR

Number

Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.229-3 FEDERAL, STATE, AND LOCAL TAXES FEB 2013

852.203-70 COMMERCIAL ADVERTISING MAY 2018

852.208-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-

OWNED SMALL BUSINESS EVALUATION FACTORS—

ORDERS OR BPAS (DEVIATION)

JAN 2023

852.208-71 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-

OWNED SMALL BUSINESS EVALUATION FACTOR

COMMITMENTS-ORDERS AND BPAS (DEVIATION)

JAN 2023

852.211-70 EQUIPMENT OPERATION AND MAINTENANCE

MANUALS

NOV 2018

852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS FEB 2023

852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-

OWNED SMALL BUSINESS EVALUATION FACTORS

(DEVIATION)

JAN 2023

852.215-71 EVALUATION FACTOR COMMITMENTS OCT 2019

852.222-71 COMPLIANCE WITH EXECUTIVE ORDER 13899

(DEVIATION) (APR 2025)

APR 2025

852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS NOV 2018

852.246-71 REJECTED GOODS OCT 2018

852.247-71 DELIVERY LOCATION OCT 2018

852.247-73 PACKING FOR DOMESTIC SHIPMENT OCT 2018

(End of Clause)

C.3 52.204-13 System for Award Management Maintenance (OCT 2018)

(a) Definitions. As used in this clause—

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that—

(1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into SAM;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

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System for Award Management (SAM) means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes—

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) If the solicitation for this contract contained the provision 52.204-7 with its Alternate I, and the Contractor was unable to register prior to award, the Contractor shall be registered in SAM within 30 days after award or before three days prior to submission of the first invoice, whichever occurs first.

(c) The Contractor shall maintain registration in SAM during contract performance and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement. The Contractor is responsible for the currency, accuracy and completeness of the data within SAM, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in SAM after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in SAM to ensure it is current, accurate and complete. Updating information in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(d)

(1)

(i) If a Contractor has legally changed its business name or “doing business as” name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to—

(A) Change the name in SAM;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (d)(1)(i) of this clause, or fails to perform the agreement at paragraph (d)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

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