36C26123Q0033.docx

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6515--570-23-1-241-0002 Specialty Bed Rental for VACCHCS
Solicitation number
36C26123Q0033
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About this file

This document is a solicitation for specialty bed rentals for the VA Central California Healthcare System. The solicitation will be issued on or around March 6, 2023 seeking quotes for brand name or equal specialty rental beds to support patients. Items requested include hi-low beds, bariatric beds, and foam mattresses in quantities ranging from 156 to 180 units per item. The base period of performance is to be determined with the potential for up to four one-year option periods to extend. Quotes are due by an unspecified time on an unspecified date in March 2023, with award intended as a firm-fixed price contract to a single vendor. The Department of Veterans Affairs Network Contracting Office 21 and VA Central California Healthcare System will administer the contract.

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36C26123Q0033

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

570-23-1-241-0002 36C26123Q0033 03-06-2023 Mat Czeshinski 559-241-6433 03-16-2023 15:00

EST

Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Central California Health Care System 855 M Street, Suite 1020 Fresno CA 93721 X 339113 750 Employees N/A X Department of Veterans Affairs VA Central California Health Care System 2615 E. Clinton Ave Fresno CA 93703 Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Central California Health Care System 855 M Street, Suite 1020 Fresno CA 93721

Department of Veterans Affairs FMS-VA-2(101) Financial Services Center

PO BOX 149971

Austin TX 78714-9971 See CONTINUATION Page *Please see attached schedule* This RFQ is a 100% Unrestricted solicitation for Brand Name or Equal Specialty Rental Beds in support of the VA Central and complete required information items in Section B.2 "Price Cost Schedule", and indicate the delivery time frame in terms of number of days after receipt of order (ARO) in Section B.3 "Delivery Schedule".

Please contact Mat Czeshinski at mathew.czeshinski@va.gov for RFIs and submission of quotes. RFIs are allowed no later than 72 hours before solicitation close.

Please complete block 17 above and identify the SAM UEI number.

See CONTINUATION Page X Maxwell Derck Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS4
B.1 CONTRACT ADMINISTRATION DATA4
B.2 PRICE/COST SCHEDULE14
ITEM INFORMATION14
B.3 DELIVERY SCHEDULE25
SECTION C - CONTRACT CLAUSES27
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)27
C.2 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)33
C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)33
C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)33
C.5 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997)33
C.6 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)34
C.7 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)34
C.8 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (OCT 2019)36
C.9 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)36
C.10 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)36
C.11 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)37
C.12 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)37
C.13 VAAR 852.212-71 GRAY MARKET ITEMS (APR 2020)37
C.14 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)38
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS46
SECTION E - SOLICITATION PROVISIONS47
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)47
E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)53
E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)55
E.4 52.216-1 TYPE OF CONTRACT (APR 1984)57
E.5 52.233-2 SERVICE OF PROTEST (SEP 2006)57
E.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)57
E.7 52.214-21 DESCRIPTIVE LITERATURE (APR 2002)58
E.8 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)58
E.9 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)61

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 36C261 Maxwell Derck Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Central California Health Care System 855 M Street, Suite 1020 Fresno CA 93721

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] Upon Delivery and 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

STATEMENT OF WORK

SPECIALTY BED RENTAL

VA CENTRAL CALIFORNIA HEALTH CARE SYSTEM

1. SCOPE OF WORK: The contractor shall provide rental specialty bed equipment to the VA Central California Health Care System (CCHCS) for the sole purpose of patient care for residents and within defined time frames for services.

2. PERFORMANCE PERIOD: The period of performance will be for the PERIOD OF [AWARD DATE] THROUGH [TBD]. This contract will be for one base year and 4 option years.

3. RENTAL EQUIPMENT SPECIFICATIONS: The following items (OR EQUAL) will be delivered as needed to the VA CCHCS, Fresno, CA:

Spirit Select Hi Low Bed (or equal to) Hi Low bed w/500lb capacity 10" Lo height.

Sleep surface = 35.5"Wx80"L.

Integrated scale and 3 zone bed exit alarm system, nurse call connection, Underbed obstruction sensor and antimicrobial head/foot boards and siderails.

Central brake/steering.

Patient Surface Width: 35" Patient Surface Length: 80" Overall Width: 40" Overall Length: 91.75"

Spirit Select Low Bed with 84" TempurPedic Mattress (or equal to) Weight Capacity: 500 lbs Height of mattress deck to floor - low position: 10" Height of mattress deck to floor - high position: 35.25" Mattress Deck Length: 84" Mattress Deck Width: 35.5" Overall Bed Length: 91.75" Overall Bed Width: 40"

Carroll CS7 Hi Low Bed Specifications (or equal to) Height Adjustment: 7″ – 30″ Height Range Product Weight Capacity: 500 lbs. Weight Capacity Overall Length: Universal Deck Length (76″ or 80″) The high low bed sits lower to the ground than the average hospital bed.

Floor lock system secures the bed to the floor at all height ranges but allows for Mobilty-On-Demand. An easy to read indicator alerts staff if the bed is off its castors and not locked properly.

Exclusive arched slat deck design allows for improved infection control and reduces wear and tear on mattresses Carroll CS beds feature a rugged Hand Control, with bright, universal symbols, allowing residents and staff to easily operate the comfort controls of the bed.

TC BARIATRIC PLUS W/AIR & PULM (or equal to)

Maximum overall width (siderails up)
44.5" (113 cm)
Maximum overall length
81.5" (206.8 cm)
Surface width and length
40" (102 cm) to 72” - 84” (182.7-213.4 cm)
Patient weight capacity
500 lb (227 kg)

PRESSURE ULCER MANAGEMENT 40” pressure redistribution air surface automatically adjusts to patient’s weight, body type, movement and bed position to help treat and prevent pressure injuries. Advanced Microclimate ® technology to keep patient’s skin cool and dry to protect against skin breakdown.

FALL PREVENTION Bed exit helps support fall prevention protocols.

PULMONARY MANAGEMENT Continuous Lateral Rotation Therapy (CLRT) and Percussion and Vibration Therapy support protocols for helping prevent ventilator-associated complications. Head-of-bed angle indicator and alert provide responsive monitoring and protocol compliance.

TC Bariatric Plus Hospital Bed with Low Air loss (or equal to) Specifically designed to help mobilize bariatric patients while preserving their dignity. Capable of providing CLRT, percussion and vibration and turn assist. Aids in the prevention/treatment of pressure ulcers. 500lb or more capacity adjustable pressure, Antibacterial cover, Chair conversion , Computerized control, Fluid-proof cover, Head elevation adjustable, Height adjustable, independent pressure zones, Lateral rotation, manages microclimate, pulsating, Transit mode , Weighing system.

Low position: sleep deck to the floor 19" High position: sleep deck to the floor 38" Maximum overall width 42" (siderails down) Maximum overall length 81(1/2)"-93(1/2)" Weight limit: 200lb-500lb Sleep Surface Pressure redistribution foam: (72-84)"x40"x7" Low air loss: (72-84)"x40"x11" Low air loss with CLRT and P&V modules: (72-84)"x40"x11"

TC Bariatric Plus with Foam Mattress (or equal to) Specifications Weight Range: 200 – 500 lbs (90 - 227 kg) Surface Dimension: 72” – 84” L x 40” W (183- 213 cm x 102 cm) Foam Mattress meets NPUAP definitions for an integrated, multi-zoned, reactive pressure redistribution surface

Compella Bariatric Bed (or equal to)

Bed Low/High position— Sleep Deck to Floor18.5" (47 cm) / 26.8" (68 cm)
Minimum Overall Bed Width (Width Extenders Retracted)43" (109 cm)
Minimum Overall Bed Length (Foot Section Retracted)91" (231 cm)
Patient Weight Capacity1,000 lb (453.6 kg)

Programmable Continuous Lateral Rotation Therapy (CLRT) supports protocols that can help prevent ventilator-associated complications.

Head-of-bed angle indicator and alert provide responsive monitoring and protocol compliance 3-mode bed exit helps prevent patient falls Surface options are designed to help prevent and treat skin breakdown

Spirit Select Low Bed with Envision Mattress (or equal to) Envision Low Air Loss Therapy Mattress. Addresses five key physical factors affecting pressure ulcer healing: pressure, shear, friction, patient immobility, and microclimate management. Bed Exit alarms help reduce risk of patient falls.

High risk prevention/treatment of Stage I-IV Provides low air loss For patients at risk for falls Therapeutic Weight Limit: 400 lbs Height of mattress deck to floor - low position: 10" Height of mattress deck to floor - high position: 35.25" Mattress Deck Length: 80" Mattress Deck Width: 35.5" Overall Bed Length: 91.75" Overall Bed Width: 40"

All bariatric equipment must be inspected by Biomed personnel prior to placing in service. FDA compliance and meet the Department of Veterans Affairs Safe Patient Handling requirement. All bed frames greater than 80” in length must have equivalent size mattresses. Mattress covers for low air loss mattresses will be replaced monthly.

Contractor to remove trash and all debris from installation and packing materials.

Operator Manuals to be provided to users and Service maintenance to be provided as needed on rental equipment.

4. SPECIFIC MANDATORY TASKS AND ASSOCIATED DELIVERABLES

N/A

5. MAINTENANCE: Vendor will provide manufacturer’s cleaning instructions and insure all rental property is cleaned and decontaminated prior to bringing to VA CCHCS and must be tagged with name of Vendor for ownership/identification purposes.

6. TRAINING/IN-SERVICE: Unlimited Operator Training to be conducted to staff on proper use of equipment upon request 24/7 five days per week Monday through Friday excluding holidays.

7. HOURS OF WORK: Beds will be delivered on an as needed basis for patients. Prior to arriving at the VAMC warehouse, the contractor shall communicate with the VAMC staff member requesting the items. The VAMC staff member will provide the drop-off location to report to (i.e., building, floor). Upon contractor’s arrival, VAMC staff will provide further directions regarding what room the equipment will be delivered to.

National holidays observed by the Federal Government are as follows:

New Year's Day1 January
Martin Luther King's BirthdayThird Monday in January
President's DayThird Monday in February
Memorial DayLast Monday in May
Juneteenth Independence Day19 June
Independence Day4 July
Labor DayFirst Monday in September
Columbus DaySecond Monday in October
Veterans Day11 November
Thanksgiving Day4th Thursday in November
Christmas Day25 December

If a holiday falls on Sunday, the following Monday will be observed as the National Holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a National Holiday by the U.S. Government agencies. Also included would be any day specifically declared by the President of the United States of America as a National Holiday.

8. DELIVERY LOCATION:

VA Central California Health Care System (VACCHCS) 2615 E. Clinton Ave Fresno, CA 93703-2223

USA

9. SCHEDULE FOR RETURNS: Equipment to be returned will be picked-up in 24 hours unless mutual agreement to hold in event unusual circumstances and delivery will be within 4 hours of request. Broken equipment must be picked-up as soon as possible.

10. IDENTIFICATION/PARKING

The contractor’s employee(s) shall wear visible identification at all times while on the premises of the VA Medical Center. It is the responsibility of the contractor to park in the appropriate designated parking areas. Information on parking is available from the Police and Security Section.

The Contractor, at his/her own expense, shall provide all employees with a Contractor Identification Card (ID), prior to performing work under this contract. Contractor employees are required to display this card at all times when performing under this contract. The Contractors employee shall sign each card issued. Employees released from service by the Contractor shall have their card collected by the Contractor. All cards shall contain an expiration date and photograph of the employee. All cards shall be destroyed upon contract completion or termination of the contract. The contractor's onsite supervisor shall ensure that all employees carry and display their card when on duty, and are prepared to present them upon request. The Contracting Officer Representative (COR) shall periodically verify cards of contract employees match their personal identification.

11. PERMITS AND RESPONSIBILITIES

The Contractor shall obtain and maintain all permits, licenses, and appointments required for the execution of work under this contract at no additional cost to the Government. The Contractor shall obtain these permits, licenses, and appointments in compliance with applicable host country laws. In addition, contract termination shall result if the required documents are subsequently denied or withdrawn by the local authorities. Application, justification, fees, and certifications for any licensure required are entirely the responsibility of the Contractor. The Contractor shall ensure that all employees receive the mandatory training, if applicable to this contract, as required by OSHA, Joint Commission, etc., and shall comply with all standards and/or requirements.

12. CONTRACTING OFFICER REPRESENTATIVE (COR)

The contracting officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee’s authority. A copy of the designation shall be furnished to the contractor.

13. CONDUCT OF PERSONNEL

The Contractor shall be responsible for the performance and conduct of its employees. Personnel employed by the Contractor in the performance of this SOW or any representative of the Contractor entering the VA premises shall be subject to inspections by the Government as deemed necessary. The Contractor shall not employ for performance under this SOW any person whose employment would result in a conflict of interest with the Government’s standards of conduct.

14. PERSONNEL REMOVAL

Government rules, regulations, laws, directives, and requirements that are issued during the Contract term relating to law and order, and security shall be applicable to all employees or representatives who enter the VA premises. Violation of such rules, regulations, laws, directives, or requirements shall be grounds for removal (permanently or temporarily as the Government determines) from the work site. Removal of employee does not relieve the Contractor from the responsibility for the work defined in this SOW.

The Contracting Officer or designated representative (COR) may require the Contractor to remove any employee performing requirements under this SOW for reasons of misconduct, safety, or security risk posed. Contractor employees shall be subject to immediate dismissal from the premises upon determination by the COR that such action(s) is in the best interest of the Government.

15. PERSONNEL APPEARANCE

Contractor employees shall be well-groomed, clean, and neat in appearance; clothes properly fitted, uniform appearance with nametags, and appropriately dressed for the work to be done. Contractor employees shall not wear clothing with slogans, drawings, or language which could be construed as being lewd, obscene, profane, racially offensive, sexually suggestive, and anti-American or which advocates the use of illegal drugs or other unlawful conduct.

16. PERSONNEL COURTESY

Contractor employees shall not exhibit rude behavior. Loudness, vulgarity, rudeness, or other similar offensive conduct by an employee of the Contractor will be ground for denying the employee further access to the VA premises.

17. ALCOHOL AND ILLEGAL DRUG USE

Contractor employees shall not consume alcohol or illegal drugs during working hours or at any other time the employees are performing work under this contract. The contractor shall not allow any employee to perform work if the employee is under the influence of alcohol or illegal drugs. Contractor employees found to be under the influence of alcohol or illegal drugs during working hours will be immediately removed from duty. For the purpose of this provision, the threshold for being under the influence of alcohol or illegal drugs is the same as that established by current laws for vehicle operations. The Contractor is responsible for establishing the method(s) by which employees will be determined to be under the influence of alcohol or illegal drugs.

18. VEHICLE CONDITION AND MARKINGS

All Contractor-owned vehicles shall be maintained in a neat, presentable, and operational condition as determined by the Contracting Officer or COR. Contractor vehicles shall be clearly marked so as to be distinguishable from Government Equipment. Markings shall include, but not limited to, the Contractor's name and telephone number on all equipment and vehicles used to carry out the requirements of the contract. Contractor vehicles will follow parking rules while on US government property and is subject to tow if illegally parked.

19. CONFIDENTIALITY

The Contractor's personnel shall agree to comply with the Privacy Act of 1974 (the Act) and other applicable federal laws, rules, regulations and policies issued under the Act during and after the execution of this contract. Because confidential medical record information may be accessible and/or visible to Contractor employees during performance of their daily duties, the Contractor shall obtain a signed "confidentiality certificate" from each employee prior to allowing them to start work under this contract. Any information about an individual that is maintained by the VA, including, but not limited to, education, financial transactions, medical history, and criminal or employment history or any record that contains the person's name, or the identifying number, symbol, or other identifying particular assigned to the individual, shall be kept CONFIDENTIAL. A copy of this certification shall be provided to the COR upon request.

20. CONTRACTOR PERSONNEL

The Contractor is completely responsible for all actions of their employees. All contractor personnel employed in the performance of this contract shall comply with all VA building regulations, policies, and guidelines while on the premises. Contractor personnel shall be free of body odor and wear clean clothing (uniforms as appropriate) while performing duties under this contract. The Contractor shall consider the clinical environment and instruct/train their personnel in applicable safety precautions and special requirements. These requirements may include but are not limited to such conditions as human secretions, blood, barium, etc. Contractor personnel shall take appropriate precautions while performing duties applicable to this contract.

21. INSURANCE

The Contractor shall procure and maintain for the entire contract period, Workmen's Compensation and employers Public Liability Insurance in accordance with laws of the State of California. Before commencing work under this contract, the contractor shall certify to the Contracting Officer in writing that the required insurance has been obtained. See FAR 52.228-5, Clauses Section. Contractor shall provide the CO with an original signed copy of Insurance Certification with appropriate coverage, no later than ten (10) calendar days after notice of award. The contractor will notify the VA immediately of any changes in insurance coverage. Failure to submit documentation regarding the above insurance requirement shall be grounds to terminate the contract for default.

22. CHANGES TO CONTRACT: The contracting officer is the only person authorized to modify this order.

23. METHOD OF PAYMENT: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Department of Veterans Affairs

FSC

PO Box 149971 Austin TX 78714-8971

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
156.00
DY
__________________
__________________

Spirit Select Hi Low Bed (or equal to) Contract Period: Base POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies Please Provide:

MPN:________________________________________

OEM Name:__________________________________

161.00
DY
__________________
__________________

Spirit Select Low Bed with 84" TempurPedic Mattress (or equal to)

POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies Please Provide:

160.00
DY
__________________
__________________

Carroll CS7 Hi Low Bed Specifications (or equal to)

POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies Please Provide:

180.00
DY
__________________
__________________

TC BARIATRIC PLUS W/AIR & PULM (or equal to)

POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies Please Provide:

179.00
DY
__________________
__________________

TC Bariatric Plus Hospital Bed with Low Air loss (or equal to)

POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies Please Provide:

160.00
DY
__________________
__________________

TC Bariatric Plus with Foam Mattress (or equal to)

POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies Please Provide:

160.00
DY
__________________
__________________

Compella Bariatric Bed (or equal to)

POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies Please Provide:

160.00
DY
__________________
__________________

Spirit Select Low Bed with Envision Mattress (or equal to)

POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies Please Provide:

156.00
DY
__________________
__________________

Spirit Select Hi Low Bed (or equal to) Contract Period: Option 1 POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies Please Provide:

161.00
DY
__________________
__________________

Spirit Select Low Bed with 84" TempurPedic Mattress (or equal to)

POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies Please Provide:

160.00
DY
__________________
__________________

Carroll CS7 Hi Low Bed Specifications (or equal to)

POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies Please Provide:

180.00
DY
__________________
__________________

TC BARIATRIC PLUS W/AIR & PULM (or equal to)

POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies Please Provide:

179.00
DY
__________________
__________________

TC Bariatric Plus Hospital Bed with Low Air loss (or equal to)

POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies Please Provide:

160.00
DY
__________________
__________________

TC Bariatric Plus with Foam Mattress (or equal to)

POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies Please Provide:

160.00
DY
__________________
__________________

Compella Bariatric Bed (or equal to)

POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies Please Provide:

160.00
DY
__________________
__________________

Spirit Select Low Bed with Envision Mattress (or equal to)

POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies Please Provide:

156.00
DY
__________________
__________________

Spirit Select Hi Low Bed (or equal to) Contract Period: Option 2 POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies Please Provide:

161.00
DY
__________________
__________________

Spirit Select Low Bed with 84" TempurPedic Mattress (or equal to)

POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies Please Provide:

160.00
DY
__________________
__________________

Carroll CS7 Hi Low Bed Specifications (or equal to)

POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies Please Provide:

180.00
DY
__________________
__________________

TC BARIATRIC PLUS W/AIR & PULM (or equal to)

POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies Please Provide:

179.00
DY
__________________
__________________

TC Bariatric Plus Hospital Bed with Low Air loss (or equal to)

POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies Please Provide:

160.00
DY
__________________
__________________

TC Bariatric Plus with Foam Mattress (or equal to)

POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies Please Provide:

160.00
DY
__________________
__________________

Compella Bariatric Bed (or equal to)

POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies Please Provide:

160.00
DY
__________________
__________________

Spirit Select Low Bed with Envision Mattress (or equal to)

POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies Please Provide:

156.00
DY
__________________
__________________

Spirit Select Hi Low Bed (or equal to) Contract Period: Option 3 POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies Please Provide:

161.00
DY
__________________
__________________

Spirit Select Low Bed with 84" TempurPedic Mattress (or equal to)

POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies Please Provide:

160.00
DY
__________________
__________________

Carroll CS7 Hi Low Bed Specifications (or equal to)

POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies Please Provide:

180.00
DY
__________________
__________________

TC BARIATRIC PLUS W/AIR & PULM (or equal to)

POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies Please Provide:

179.00
DY
__________________
__________________

TC Bariatric Plus Hospital Bed with Low Air loss (or equal to)

POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies Please Provide:

160.00
DY
__________________
__________________

TC Bariatric Plus with Foam Mattress (or equal to)

POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies Please Provide:

160.00
DY
__________________
__________________

Compella Bariatric Bed (or equal to)

POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies Please Provide:

160.00
DY
__________________
__________________

Spirit Select Low Bed with Envision Mattress (or equal to)

POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies Please Provide:

156.00
DY
__________________
__________________

Spirit Select Hi Low Bed (or equal to) Contract Period: Option 4 POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies Please Provide:

161.00
DY
__________________
__________________

Spirit Select Low Bed with 84" TempurPedic Mattress (or equal to)

POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies Please Provide:

160.00
DY
__________________
__________________

Carroll CS7 Hi Low Bed Specifications (or equal to)

POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies Please Provide:

180.00
DY
__________________
__________________

TC BARIATRIC PLUS W/AIR & PULM (or equal to)

POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies Please Provide:

179.00
DY
__________________
__________________

TC Bariatric Plus Hospital Bed with Low Air loss (or equal to)

POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies Please Provide:

160.00
DY
__________________
__________________

TC Bariatric Plus with Foam Mattress (or equal to)

POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies Please Provide:

160.00
DY
__________________
__________________

Compella Bariatric Bed (or equal to)

POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies Please Provide:

160.00
DY
__________________
__________________

Spirit Select Low Bed with Envision Mattress (or equal to)

POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies Please Provide:

GRAND TOTAL
__________________

B.3 DELIVERY SCHEDULE

ITEM NUMBER
QUANTITY
DELIVERY DATE
ALL
SHIP TO:
VA Central California Healthcare System

2615 E. Clinton Ave.

Fresno, CA 93703

USA

INSTRUCTIONS:
Please indicate Delivery Timeframe:______________________________________________

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

(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; 41 U.S.C. 4712 and 10 U.S.C. 4701 relating to whistleblower protections; 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…

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