36C26125Q0196.pdf

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Water Station Leasing and Maintenance Service
Solicitation number
36C26125Q0196
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About this file

This is a Request for Quote (RFQ) issued by the Department of Veterans Affairs (VA) Southern Nevada Healthcare System for water station leasing and maintenance services. The solicitation number is 36C26125Q0196 with quotes due by January 28, 2025 at 14:00 PST.

The contract requires providing industrial ice machines, drinking stations and filtration systems on a monthly lease program, covering installation, cleaning, disinfection and maintenance services across multiple VA facilities. The scope includes 79 Quench 956 units, 5 Quench 980-50 units, 6 Quench 985-12 units, 1 Quench 985-50 unit, and 38 Quench Q75 units. The period of performance consists of a base period from February 1, 2025 to January 31, 2026, plus three one-year option periods. The NAICS code is 532420 with a size standard of $40 million. The contractor must provide 24-hour response time and service equipment within 48 hours, with normal work hours being 7:30 AM to 4:00 PM Monday through Friday. Each ice/cold-water dispenser requires a nine-stage filter system including sediment removal, pre-carbon, reverse osmosis membrane, and other filtering components down to 0.0001 microns.

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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

36C261-25-AP-0388

593-25-1-523-0008

36C26125Q0196 01-22-2025

Derek Brown 650-849-1904 01-28-2025

14:00 PST

Department of Veterans Affairs

Network Contracting Office (NCO) 21

X

532420

$40 Million

N/A

See Statement of Work

FMS-VA-2(101) Financial Services Center

PO Box 149971

Austin TX 78714-9971

See CONTINUATION Page

Water Stations Lease and Filter Services

Base: 2/1/2025 - 1/31/2026

OY 1: 2/1/2026 - 1/31/2027

OY 2: 2/1/2027 - 1/31/2028

OY 3: 2/1/2028 - 1/31/2029

Please review 52.212-1 Addendum and 52.212-2 for required items to be submitted with your quote.

See CONTINUATION Page

X 1

Mohammed Hussain

Contracting Officer

36C26125Q0196

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 DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

B.4 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

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

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 33

C.4 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.5 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-

OWNED SMALL BUSINESS EVALUATION FACTORS (JAN 2023) (DEVIATION)

C.6 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)

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) ... 38

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

C.11 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

C.12 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

C.13 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JAN 2025)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023)

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

1998)

E.3 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)

E.4 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.6 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.7 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.8 VAAR 852.215-72 NOTICE OF INTENT TO RE-SOLICIT (OCT 2019)

E.9 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

E.10 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.11 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.12 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 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 36C261

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

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

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly

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

Requests.

www.fsc.va.gov/einvoice.asp

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

AMENDMENT NO DATE

B.2 DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Veterans Affairs Southern Nevada Healthcare System

Monthly Lease Contract for Water Filtration Systems

1. REQUIREMENTS/SCOPE: Contractor shall provide industrial ice machine, drinking stations and filtration system on a monthly lease program. All equipment will be installed and service yearly to provide safe and quality water to the VA Medical Center.

2. PERIOD OF PERFORMANCE/SCHEDULE

Base 2/1/2025 – 1/31/2026 Option Year 1 2/1/2026 – 1/31/2027 Option Year 2 2/1/2027 – 1/31/2028 Option Year 3 2/1/2028 – 1/31/2029

Normal daytime working hours will be adhered to. Normal daytime work hours are 0730 to 1600 Monday through Friday. If the contractor wishes to work at nighttime or during other unscheduled times, they must first get permission from the Contracting Officer.

3. SPECIFIC REQUIREMENTS

The contractor shall provide a full service of removing/replacing and adding ice machines and drinking stations located in the VA Medical Center. The Contractor shall provide cleaning, disinfection, and maintenance of all machines. Each ice/cold-water dispenser will have a nine-stage filter system to be installed at the same location with a professional aesthetic appearance and servicing access. The ice machine filter system must provide a filtering process for the removal of sediments, pre-carbon, reverse osmosis membrane to .0001 micron, UF filter size to .01-micron, bio-sure plus filter and TCR filter for final polishing of taste and chlorine. This filtering system must filter to .0001 microns to provide safe quality water to patient care and clinical areas. Furthermore, all equipment will be tested periodically for safe operations and comprehensively serviced twice per year to include filter replacement.

The Contractor shall provide all equipment, supplies, management, supervision, personnel, and transportation necessary to assure that all services are in accordance with the Statement of Work (SOW) and all applicable laws and regulations. The contractor shall ensure all work meets performance standards specified in this SOW.

The Contractor shall perform the following tasks at a minimum:

Service one will be included.

1. Unplug unit from power and turn water off

2. Remove ice from ice bin during cleaning process.

3. Remove front top panels.

4. Mix 3.4 oz of cleaning fluid with half a gallon of warm water and pour slowly into the water reservoir, this could allow the cleaning solution to enter the air filter.

5. Allow the solution to sit for 30 minutes to remove the scale.

6. Clean and rinse the augers and divider. Connect drain hose to drain ports and drain unit. Disconnect hose once done draining.

7. Remove water distribution tubes and soak them in ice machine cleaner;

manually clean and rinse the tubing.

8. Slowly pour half a gallon of clean warm water into the water reservoir, being careful not overflow the reservoir.

9. Connect drain hose to drain unit. Disconnect hose once done draining.

10. Using a 1:4 ratio of hydrogen peroxide to water in a bottle, spray all surfaces inside the ice bin, augers, ice bin lid, water reservoir lid, divider, and water reservoir.

11. Let solution sit 5 minutes and wipe clean.

12. Spray small amount back into the reservoir and ice bin.

13. Reassemble ice bin and water reservoir.

14. Clean and sanitize the water nozzle, drip tray and ice chute.

15. Reassemble and test unit.

16. Contractor shall work with HVAC and Pipefitting Shop personnel to verify proper operation of ice machines before acceptance.

17. The contractor, their personnel, and their subcontractors shall be subject to all Federal Laws, regulations, standards, and VA Directives and Handbooks regarding information and information system security as delineated in this contract. VA sensitive data will be protected in accordance with the guidelines spelled out in VA Handbook 6500 rules of behavior. Contractor shall work with HVAC and Pipefitting Shop personnel to verify proper operation of ice machines before acceptance.

18. The contractor, their personnel, and their subcontractors shall be subject to all Federal Laws, regulations, standards, and VA Directives and Handbooks regarding information and information system security as delineated in this contract. VA sensitive data will be protected in accordance with the guidelines spelled out in VA Handbook 6500 rules of behavior.

Service two will included:

1. Yearly Filter change and an overall inspection of unit to ensure unit is working probably.

2. Service report will be provided for documentation of service and filter change.

Contactor will provide 24-hour response time and service equipment within 48 hours. Attached is a spreadsheet with the location of all units to include the department, room, and unit type.

Lastly any modification to this contract must be submitted to the contracting officer for any equipment changes, additional features, added cost for services or repairs estimate.

4. SERVICE RESPONSE TIMES:

The following service response times shall be adhered to at all times identified below. Polar Leasing assumes all costs associated with any service or maintenance performed during or after hours or on the weekends. Hours cited below are Pacific Standard Time.

a. Two-hour maximum callback for service calls made during normal work hours, Monday through Friday. Normal work hours are between the hours of 7:30AM and 4:00 PM.

b. Two-hour maximum callback for service calls made after 4:00PM, Monday through Friday.

c. Two-hour telephone callback required for calls made on weekends or national holidays (Friday after 4:00PM through 7:30AM of the next working day).

d. On site response shall be within 12 hours of first call for service, Monday through Friday, including after 4:00PM.

e. On site response for calls received during weekend hours and holidays shall be within 12 hours.

5. NATIONAL HOLIDAYS:

The Contractor is not required to provide delivery or pick up services on the following National Holidays.

New Year’s Day January 1

Martin Luther King‘s Birthday Third Monday in January

President’s Day Third Monday in February

Memorial Day Last Monday in May

Juneteenth June 19

Independence Day July 4

Labor Day First Monday in September

Columbus Day Second Monday in October

Veterans Day November 11

Thanksgiving Day Fourth Thursday in November

Christmas Day December 25

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

6. EQUIPMENT LOCATION

Quench 956: 79 Qty

Quench 980-50: 5 Qty

Quench 985-12: 6 Qty

Quench 985-50: 1 Qty

Quench Q75: 38 Qty

Address Department Room Room Type

Unit Type

6900 North Pecos Road, N. Las Vegas NV 89086

Outside Breakroom 431 Breakroom 956

6900 North Pecos Road, N. Las Vegas NV 89086

Elevator S-1 413 Hallway 956

6900 North Pecos Road, N. Las Vegas NV 89086

Food Service 464 Kitchen 956

6900 North Pecos Road, N. Las Vegas NV 89086

Food Service 452 Kitchen Q75

6900 North Pecos Road, N. Las Vegas NV 89086

Engineering 405 Maintenance

Shop

6900 North Pecos Road, N. Las Vegas NV 89086

Engineering 405 Maintenance

Shop Q75

6900 North Pecos Road, N. Las Vegas NV 89086

EMS 106

Outside Men's

Locker

6900 North Pecos Road, N. Las Vegas NV 89086

6-East 418 Breakroom Q75

6900 North Pecos Road, N. Las Vegas NV 89086

6-West 101 Electrical Area 956

6900 North Pecos Road, N. Las Vegas NV 89086

6-East 439 Kitchen 985-12

6900 North Pecos Road, N. Las Vegas NV 89086

6-East 364 Kitchen 985-12

6900 North Pecos Road, N. Las Vegas NV 89086

6-West 244 Kitchen 985-12

6900 North Pecos Road, N. Las Vegas NV 89086

6-West 121 Kitchen 985-12

6900 North Pecos Road, N. Las Vegas NV 89086

6-East 308 Lobby 956

6900 North Pecos Road, N. Las Vegas NV 89086

6-East 437 Nursing Station 956

6900 North Pecos Road, N. Las Vegas NV 89086

6-West 246 Nursing Station 956

6900 North Pecos Road, N. Las Vegas NV 89086

6-West 144 Nursing Station 956

6900 North Pecos Road, N. Las Vegas NV 89086

SDU 424 Breakroom Q75

6900 North Pecos Road, N. Las Vegas NV 89086

Respiratory 224 Breakroom Q75

6900 North Pecos Road, N. Las Vegas NV 89086

ICU Hallway 301 Hallway 956

6900 North Pecos Road, N. Las Vegas NV 89086

Respiratory 208 Hallway 956

6900 North Pecos Road, N. Las Vegas NV 89086

Social work 101 Hallway 956

6900 North Pecos Road, N. Las Vegas NV 89086

SDU 419 Kitchen 985-12

6900 North Pecos Road, N. Las Vegas NV 89086

ICU 348 Kitchen 985-12

6900 North Pecos Road, N. Las Vegas NV 89086

ICU 417 Nursing Station 956

6900 North Pecos Road, N. Las Vegas NV 89086

ICU 307A Waiting Area 956

6900 North Pecos Road, N. Las Vegas NV 89086

Breakroom 311 Breakroom Q75

6900 North Pecos Road, N. Las Vegas NV 89086

Next to Bathroom 306 Hallway 956

6900 North Pecos Road, N. Las Vegas NV 89086

SDU 109 Entrance 956

6900 North Pecos Road, N. Las Vegas NV 89086

SPU 310A Breakroom Q75

6900 North Pecos Road, N. Las Vegas NV 89086

OR 244 Breakroom 956

6900 North Pecos Road, N. Las Vegas NV 89086

OR 244 Breakroom Q75

6900 North Pecos Road, N. Las Vegas NV

SDSU 362 Kitchen Q75

6900 North Pecos Road, N. Las Vegas NV 89086

6-West 144 Nursing Station 956

6900 North Pecos Road, N. Las Vegas NV 89086

SDU 424 Breakroom Q75

6900 North Pecos Road, N. Las Vegas NV 89086

Respiratory 224 Breakroom Q75

6900 North Pecos Road, N. Las Vegas NV 89086

ICU Hallway 301 Hallway 956

6900 North Pecos Road, N. Las Vegas NV 89086

Respiratory 208 Hallway 956

6900 North Pecos Road, N. Las Vegas NV 89086

Social work 101 Hallway 956

6900 North Pecos Road, N. Las Vegas NV 89086

SDU 419 Kitchen 985-12

6900 North Pecos Road, N. Las Vegas NV 89086

ICU 348 Kitchen 985-12

6900 North Pecos Road, N. Las Vegas NV 89086

ICU 417 Nursing Station 956

6900 North Pecos Road, N. Las Vegas NV 89086

ICU 307A Waiting Area 956

6900 North Pecos Road, N. Las Vegas NV 89086

Breakroom 311 Breakroom Q75

6900 North Pecos Road, N. Las Vegas NV 89086

Next to Bathroom 306 Hallway 956

6900 North Pecos Road, N. Las Vegas NV 89086

SDU 109 Entrance 956

6900 North Pecos Road, N. Las Vegas NV 89086

SPU 310A Breakroom Q75

6900 North Pecos Road, N. Las Vegas NV 89086

OR 244 Breakroom 956

6900 North Pecos Road, N. Las Vegas NV 89086

OR 244 Breakroom Q75

6900 North Pecos Road, N. Las Vegas NV 89086

SDSU 362 Kitchen Q75

6900 North Pecos Road, N. Las Vegas NV 89086

Cath Lab 227 Kitchen Q75

6900 North Pecos Road, N. Las Vegas NV

SPU 343 Nursing Station Q75

6900 North Pecos Road, N. Las Vegas NV 89086

Podiatry 230 Breakroom Q75

6900 North Pecos Road, N. Las Vegas NV 89086

Ear/Nose/Throat 114 Hallway 956

6900 North Pecos Road, N. Las Vegas NV 89086

Dialysis 279 Kitchen Q75

6900 North Pecos Road, N. Las Vegas NV 89086

Women Health 229 Breakroom Q75

6900 North Pecos Road, N. Las Vegas NV 89086

Renal 117 Breakroom Q75

6900 North Pecos Road, N. Las Vegas NV 89086

Women Health 333 Entrance 956

6900 North Pecos Road, N. Las Vegas NV 89086

Fisher House Kitchen Q75

1020 S Boulder Highway Henderson, NV 89015

Primary care Lobby 956

6900 North Pecos Road, N. Las Vegas NV 89086

Breakroom 218B Breakroom Q75

6900 North Pecos Road, N. Las Vegas NV 89086

Breakroom 211 Breakroom Q75

6900 North Pecos Road, N. Las Vegas NV 89086

Next to Bathroom 206 Hallway 956

6900 North Pecos Road, N. Las Vegas NV 89086

Physical Therapy 104 Lobby 956

6900 North Pecos Road, N. Las Vegas NV 89086 hallway 174 Staff Lounge 956

6900 North Pecos Road, N. Las Vegas NV 89086

Staff Lounge 174 Staff Lounge 980-50

6900 North Pecos Road, N. Las Vegas NV 89086

Occupational Therapy 268 956

6900 North Pecos Road, N. Las Vegas NV 89086

Occupational Therapy 259 956

6900 North Pecos Road, N. Las Vegas NV 89086

Occupational Therapy 233 956

6900 North Pecos Road, N. Las Vegas NV 89086

Pain Clinic 204 956

6900 North Pecos Road, N. Las Vegas NV

Pain Clinic 194 956

6900 North Pecos Road, N. Las Vegas NV 89086

Rehab/North wing 166 956

6900 North Pecos Road, N. Las Vegas NV 89086

Rehab/North wing 154 956

6900 North Pecos Road, N. Las Vegas NV 89086

Rehab/North wing 143 956

6900 North Pecos Road, N. Las Vegas NV 89086

Mental Health 209 Breakroom Q75

6900 North Pecos Road, N. Las Vegas NV 89086

Mental Health 119 Kitchen 985-50

6900 North Pecos Road, N. Las Vegas NV 89086

Mental Health 240 Visitor Entrance 956

6900 North Pecos Road, N. Las Vegas NV 89086

Lab/SPS 438 Breakroom Q75

6900 North Pecos Road, N. Las Vegas NV 89086

Elevator P4 108 Hallway 956

6900 North Pecos Road, N. Las Vegas NV 89086

Behavior Health 210 Hallway 956

6900 North Pecos Road, N. Las Vegas NV 89086

Primary Care 279 Breakroom Q75

6900 North Pecos Road, N. Las Vegas NV 89086

Audiology 127 Breakroom Q75

6900 North Pecos Road, N. Las Vegas NV 89086

Primary Care 201 Hallway 956

6900 North Pecos Road, N. Las Vegas NV 89086

Audiology 150 Hallway 956

6900 North Pecos Road, N. Las Vegas NV 89086

Home Base 262 Breakroom Q75

6900 North Pecos Road, N. Las Vegas NV 89086

Home Base 283A Hallway 956

3525 West Cheyenne Ave N. Las Vegas NV 89032

Clinic Breakroom 956

6900 North Pecos Road, N. Las Vegas NV 89086

Engineering 405 Kitchen 956

6900 North Pecos Road, N. Las Vegas NV 89086

Fisher House Kitchen Q75

6900 North Pecos Road, N. Las Vegas NV

Fisher House Kitchen Q75

6900 North Pecos Road, N. Las Vegas NV 89086

Education 146 Hallway 980-50

6900 North Pecos Road, N. Las Vegas NV 89086

Next to Bathroom 106 Hallway 956

6900 North Pecos Road, N. Las Vegas NV 89086

Starbucks 142 Starbucks Q75

6900 North Pecos Road, N. Las Vegas NV 89086

Wellness Center 111 Wellness Center 956

6900 North Pecos Road, N. Las Vegas NV 89086

ER 115 Breakroom Q75

6900 North Pecos Road, N. Las Vegas NV 89086

ER 106 Lobby 956

6900 North Pecos Road, N. Las Vegas NV 89086

ER 147 Nourishment 980-50

6900 North Pecos Road, N. Las Vegas NV 89086

ER 145 Nursing Station 956

6900 North Pecos Road, N. Las Vegas NV 89086

Breakroom 227 Breakroom 956

6900 North Pecos Road, N. Las Vegas NV 89086

Medical Surgical 246 Kitchen 980-50

6900 North Pecos Road, N. Las Vegas NV 89086

Medical Surgical 246 Kitchen Q75

6900 North Pecos Road, N. Las Vegas NV 89086

Recovery & Renewal/ 1North

167 Kitchen Q75

6900 North Pecos Road, N. Las Vegas NV 89086

Medical Surgical 268 Lounge 956

6900 North Pecos Road, N. Las Vegas NV 89086

Medical Surgical 259 Lounge 956

6900 North Pecos Road, N. Las Vegas NV 89086

Recovery & Renewal/1East

204 Lounge 956

6900 North Pecos Road, N. Las Vegas NV 89086

Recovery & Renewal/1East

194 Lounge 956

6900 North Pecos Road, N. Las Vegas NV 89086

Recovery & Renewal/ 1North

154 Lounge 956

6900 North Pecos Road, N. Las Vegas NV 89086

Recovery & Renewal/ 1North

143 956

6900 North Pecos Road, N. Las Vegas NV

Mental Health 151 Breakroom Q75

6900 North Pecos Road, N. Las Vegas NV 89086

Mental Health 104 Lobby 956

6900 North Pecos Road, N. Las Vegas NV 89086

PHARMACY 328 Breakroom Q75

6900 North Pecos Road, N. Las Vegas NV 89086

Patriot Cafeteria 308 Café Q75

6900 North Pecos Road, N. Las Vegas NV 89086

Patriot Cafeteria 307 Café Q75

6900 North Pecos Road, N. Las Vegas NV 89086

Patriot Cafeteria 307 Café Q75

6900 North Pecos Road, N. Las Vegas NV 89086

Fast Track 405 Hallway 956

6900 North Pecos Road, N. Las Vegas NV 89086

Nuclear Medicine 148 Hallway 956

6900 North Pecos Road, N. Las Vegas NV 89086

Radiology 107 Hallway 956

6900 North Pecos Road, N. Las Vegas NV 89086

Fast Track 450 Lobby 956

6900 North Pecos Road, N. Las Vegas NV 89086

DAV 346 Breakroom 956

6900 North Pecos Road, N. Las Vegas NV 89086

Laboratory 169 Lobby 956

6900 North Pecos Road, N. Las Vegas NV 89086

VA Police 373 Locker Room Q75

6900 North Pecos Road, N. Las Vegas NV 89086

Prosthetic 234 Breakroom 956

6900 North Pecos Road, N. Las Vegas NV 89086

Eye Clinic 149 Breakroom Q75

6901 North Pecos Road, N. Las Vegas NV 89086

Eye Clinic 149 Breakroom 956

6900 North Pecos Road, N. Las Vegas NV 89086

Prosthetic 234 Breakroom Q75

6900 North Pecos Road, N. Las Vegas NV 89086

Prosthetic 260 Hallway 956

6900 North Pecos Road, N. Las Vegas NV 89086

Prosthetic 201 Hallway 956

6900 North Pecos Road, N. Las Vegas NV

Eye Clinic 108A Hallway 956

6900 North Pecos Road, N. Las Vegas NV 89086

Pulmonary 137 Lounge 956

6900 North Pecos Road, N. Las Vegas NV 89086

Infection 169 Lounge 956

6900 North Pecos Road, N. Las Vegas NV 89086

Energy Plant 205 Breakroom Q75

6900 North Pecos Road, N. Las Vegas NV 89086

Energy Plant 2-105 Lobby 980-50

6900 North Pecos Road, N. Las Vegas NV 89086

Energy Plant 205 Lobby 956

Northeast 4461 East Charleston Blvd , Las Vegas NV 89104

Lobby 956

Northeast 4461 East Charleston Blvd , Las Vegas NV 89105

Staff Lounge Breakroom 956

Northwest 3968 N. Rancho Drive Las Vegas

NV 89130

Lobby 956

Northwest 3968 N. Rancho Drive Las Vegas

NV 89131

Staff Lounge Breakroom 956

Southeast 1020 S. Boulder Highway Henderson NV 89015

Lobby 956

Southeast 1020 S. Boulder Highway Henderson NV 89016

Staff Lounge Breakroom 956

Southwest 7235 S. Buffalo Drive Las Vegas

NV 89113

Lobby 956

Southwest 7235 S. Buffalo Drive Las Vegas

NV 89114

Staff Lounge Breakroom 956

El Campo Grande Ave Suite 150 Las Vegas

NV 89115

Lobby 956

El Campo Grande Ave Suite 150 Las Vegas

NV 89116

Veterans Recovery Center 3525West Cheyenne Ave N. Las Vegas 89032

Staff Lounge Breakroom 956

3650 South Pointe Circle Building D Laughlin, Las Vegas NV 89029

220 South Lola Lane Pahrump NV 89048 Staff Lounge 956

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVIC

ES

QUANTIT

Y

UNI

T UNIT PRICE AMOUNT

12.00 MO ________________

Brand Name or Equal - Quench 956 (79 Qty) Contract Period: Base POP Begin: 02-01-2025 POP End: 01-31-2026 PRINCIPAL NAICS CODE: 532420 - Office Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W099 - Lease or Rental of Equipment - Miscellaneous

MANUFACTURER PART NUMBER (MPN): N/A

0001AA

79.00 EA ________________

Brand Name or Equal - Quench 956 (79 Qty) MUST complete the following IF “EQUAL” product

Manufacturer Part No.:_____________________________________

OEM

Name:____________________________________________ Country of Origin:__________________________________________ Contract Period: Base POP Begin: 02-01-2025 POP End: 01-31-2026 PRINCIPAL NAICS CODE: 532420 - Office Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W099 - Lease or Rental of

Brand Name or Equal - Quench 980-50 (5 Qty) Contract Period: Base POP Begin: 02-01-2025 POP End: 01-31-2026 PRINCIPAL NAICS CODE: 532420 - Office Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W099 - Lease or Rental of

0002AA

5.00 EA ________________

Brand Name or Equal - Quench 980-50 (5 Qty) MUST complete the following IF “EQUAL” product

Manufacturer Part No.:_____________________________________

OEM

Name:____________________________________________ Country of Origin:______________________________________ Contract Period: Base POP Begin: 02-01-2025 POP End: 01-31-2026 PRINCIPAL NAICS CODE: 532420 - Office Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W099 - Lease or Rental of

Brand Name or Equal - Quench 985-12 (6 Qty) Contract Period: Base POP Begin: 02-01-2025 POP End: 01-31-2026 PRINCIPAL NAICS CODE: 532420 - Office Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W099 - Lease or Rental of

0003AA

6.00 EA ________________

Brand Name or Equal - Quench 985-12 (6 Qty) MUST complete the following IF “EQUAL” product

Manufacturer Part No.:_____________________________________

OEM

Name:____________________________________________ Country of Origin:______________________________________ Contract Period: Base POP Begin: 02-01-2025 POP End: 01-31-2026 PRINCIPAL NAICS CODE: 532420 - Office Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W099 - Lease or Rental of

Brand Name or Equal - Quench 985-50 (1 Qty) Contract Period: Base POP Begin: 02-01-2025 POP End: 01-31-2026 PRINCIPAL NAICS CODE: 532420 - Office Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W099 - Lease or Rental of

0004AA

1.00 EA ________________

Brand Name or Equal - Quench 985-50 (1 Qty) MUST complete the following IF “EQUAL” product

Manufacturer Part No.:_____________________________________

OEM

Name:____________________________________________ Country of Origin:______________________________________ Contract Period: Base POP Begin: 02-01-2025 POP End: 01-31-2026 PRINCIPAL NAICS CODE: 532420 - Office Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W099 - Lease or Rental of

Brand Name or Equal - Quench Q75 (38 Qty) Contract Period: Base POP Begin: 02-01-2025 POP End: 01-31-2026 PRINCIPAL NAICS CODE: 532420 - Office Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W099 - Lease or Rental of

0005AA

38.00 EA ________________

Brand Name or Equal - Quench Q75 (38 Qty) MUST complete the following IF “EQUAL” product

Manufacturer Part No.:_____________________________________

OEM

Name:____________________________________________

Country of Origin:______________________________________ Contract Period: Base POP Begin: 02-01-2025 POP End: 01-31-2026 PRINCIPAL NAICS CODE: 532420 - Office Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W099 - Lease or Rental of

Service Charge for Equipment Contract Period: Base POP Begin: 02-01-2025 POP End: 01-31-2026 PRINCIPAL NAICS CODE: 532420 - Office Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W099 - Lease or Rental of

Brand Name or Equal - Quench 956 (79 Qty) MUST complete the following IF “EQUAL” product

Manufacturer Part No.:_____________________________________

OEM

Name:____________________________________________ Country of Origin:__________________________________________ Contract Period: Option 1 POP Begin: 02-01-2026 POP End: 01-31-2027 PRINCIPAL NAICS CODE: 532420 - Office Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W099 - Lease or Rental of

Brand Name or Equal - Quench 980-50 (5 Qty) MUST complete the following IF “EQUAL” product

Manufacturer Part No.:_____________________________________

OEM

Name:____________________________________________

Country of Origin:______________________________________ Contract Period: Option 1 POP Begin: 02-01-2026 POP End: 01-31-2027 PRINCIPAL NAICS CODE: 532420 - Office Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W099 - Lease or Rental of

Brand Name or Equal - Quench 985-12 (6 Qty) MUST complete the following IF “EQUAL” product

Manufacturer Part No.:_____________________________________

OEM

Name:____________________________________________ Country of Origin:______________________________________ Contract Period: Option 1 POP Begin: 02-01-2026 POP End: 01-31-2027 PRINCIPAL NAICS CODE: 532420 - Office Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W099 - Lease or Rental of

Brand Name or Equal - Quench 985-50 (1 Qty) MUST complete the following IF “EQUAL” product

Manufacturer Part No.:_____________________________________

OEM

Name:____________________________________________ Country of Origin:______________________________________ Contract Period: Option 1 POP Begin: 02-01-2026 POP End: 01-31-2027 PRINCIPAL NAICS CODE: 532420 - Office Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W099 - Lease or Rental of

Brand Name or Equal - Quench Q75 (38 Qty) MUST complete the following IF “EQUAL” product

Manufacturer Part No.:_____________________________________

OEM

Name:____________________________________________ Country of Origin:______________________________________ Contract Period: Option 1 POP Begin: 02-01-2026 POP End: 01-31-2027 PRINCIPAL NAICS CODE: 532420 - Office Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W099 - Lease or Rental of

Service Charge for Equipment Contract Period: Option 1 POP Begin: 02-01-2026 POP End: 01-31-2027 PRINCIPAL NAICS CODE: 532420 - Office Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W099 - Lease or Rental of

Brand Name or Equal - Quench 956 (79 Qty) MUST complete the following IF “EQUAL” product

Manufacturer Part No.:_____________________________________

OEM

Name:____________________________________________ Country of Origin:__________________________________________ Contract Period: Option 2 POP Begin: 02-01-2027 POP End: 01-31-2028 PRINCIPAL NAICS CODE: 532420 - Office Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W099 - Lease or Rental of

Brand Name or Equal - Quench 980-50 (5 Qty) MUST complete the following IF “EQUAL” product

Manufacturer Part No.:_____________________________________

OEM

Name:____________________________________________ Country of Origin:______________________________________ Contract Period: Option 2 POP Begin: 02-01-2027 POP End: 01-31-2028 PRINCIPAL NAICS CODE: 532420 - Office Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W099 - Lease or Rental of

Brand Name or Equal - Quench 985-12 (6 Qty) MUST complete the following IF “EQUAL” product

Manufacturer Part No.:_____________________________________

OEM

Name:____________________________________________ Country of Origin:______________________________________ Contract Period: Option 2 POP Begin: 02-01-2027 POP End: 01-31-2028 PRINCIPAL NAICS CODE: 532420 - Office Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W099 - Lease or Rental of

Brand Name or Equal - Quench 985-50 (1 Qty) MUST complete the following IF “EQUAL” product

Manufacturer Part No.:_____________________________________

OEM

Name:____________________________________________ Country of Origin:______________________________________

Contract Period: Option 2 POP Begin: 02-01-2027 POP End: 01-31-2028 PRINCIPAL NAICS CODE: 532420 - Office Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W099 - Lease or Rental of

Brand Name or Equal - Quench Q75 (38 Qty) MUST complete the following IF “EQUAL” product

Manufacturer Part No.:_____________________________________

OEM

Name:____________________________________________ Country of Origin:______________________________________ Contract Period: Option 2 POP Begin: 02-01-2027 POP End: 01-31-2028 PRINCIPAL NAICS CODE: 532420 - Office Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W099 - Lease or Rental of

Service Charge for Equipment Contract Period: Option 2 POP Begin: 02-01-2027 POP End: 01-31-2028 PRINCIPAL NAICS CODE: 532420 - Office Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W099 - Lease or Rental of

Brand Name or Equal - Quench 956 (79 Qty) MUST complete the following IF “EQUAL” product

Manufacturer Part No.:_____________________________________

OEM

Name:____________________________________________

Country of

Origin:__________________________________________ Contract Period: Option 3 POP Begin: 02-01-2028 POP End: 01-31-2029 PRINCIPAL NAICS CODE: 532420 - Office Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W099 - Lease or Rental of

Brand Name or Equal - Quench 980-50 (5 Qty) MUST complete the following IF “EQUAL” product

Manufacturer Part No.:_____________________________________

OEM

Name:____________________________________________ Country of Origin:______________________________________ Contract Period: Option 3 POP Begin: 02-01-2028 POP End: 01-31-2029 PRINCIPAL NAICS CODE: 532420 - Office Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W099 - Lease or Rental of

Brand Name or Equal - Quench 985-12 (6 Qty) MUST complete the following IF “EQUAL” product

Manufacturer Part No.:_____________________________________

OEM

Name:____________________________________________ Country of Origin:______________________________________ Contract Period: Option 3 POP Begin: 02-01-2028 POP End: 01-31-2029 PRINCIPAL NAICS CODE: 532420 - Office Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W099 - Lease or Rental of

Brand Name or Equal - Quench 985-50 (1 Qty) MUST complete the following IF “EQUAL” product

Manufacturer Part No.:_____________________________________

OEM

Name:____________________________________________ Country of Origin:______________________________________ Contract Period: Option 3 POP Begin: 02-01-2028 POP End: 01-31-2029 PRINCIPAL NAICS CODE: 532420 - Office Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W099 - Lease or Rental of

Brand Name or Equal - Quench Q75 (38 Qty) MUST complete the following IF “EQUAL” product

Manufacturer Part No.:_____________________________________

OEM

Name:____________________________________________ Country of Origin:______________________________________ Contract Period: Option 3 POP Begin: 02-01-2028 POP End: 01-31-2029 PRINCIPAL NAICS CODE: 532420 - Office Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W099 - Lease or Rental of

Service Charge for Equipment Contract Period: Option 3 POP Begin: 02-01-2028 POP End: 01-31-2029 PRINCIPAL NAICS CODE: 532420 - Office Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W099 - Lease or Rental of

GRAND TOTAL ________________

B.4 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

0001-

SHIP TO: See Statement of Work

ALL 2/1/2025

FOB: DESTINATION

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.

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