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

593-26-3-163-0062

36C26126Q1215 08-27-2026

Samantha Henderson samantha.henderson@va.gov 09-02-2026

2PM PDT

Department of Veterans Affairs Network Contracting Office (NCO) 21

X 100

X

339113

800 Employees

N/A

X

"See Delivery Schedule"

Network Contracting Office (NCO) 21

FMS-VA-2(101) Financial Services Center

PO Box 149971 Austin TX 78714-9971

**See FAR 52.212-1 ADDENDUM for solicitation requirements**

VA Southern Nevada Healthcare System

Stryker Stretchers OR EQUAL

This requirement is a total SDVOSB set-aside.

Submission of your response shall be received not later than Wednesday, September 2, 2026, 2PM PST and shall be emailed to samantha.henderson@va.gov.

Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f).

Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the Point of Contact listed below NO LATER THAN Friday, August 28, 2026 at

2PM PST.

X X

Victoria Torres Contracting Officer

36C26126Q1215

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

B.4 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

C.2 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS

(DEVIATION APR 2026)

C.3 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.4 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

C.5 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.6 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023)

C.7 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

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

(DEVIATION)

C.8 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (JAN 2023)

(DEVIATION)

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

2018)

C.10 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ..42

C.11 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

C.12 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

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

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.5 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

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

SERVICES (NOV 2021)

E.7 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

Network Contracting Office (NCO) 21

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.

Department of Veterans Affairs

FMS-VA-Financial Services Center

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

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVI

CES

QUANTI

TY

UNI

T UNIT PRICE AMOUNT

2.00 EA _______________

Fluoroscopy Stretcher; Mfr. Stryker; Part#: 1080000000 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, Equipment, Utensils, and Supplies

LOCAL STOCK NUMBER: 1080000000

Radiolucent Litter; Mfr. Stryker; Part#: 1080020000 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, LOCAL STOCK NUMBER: 1080020000

U-Shaped Base; Mfr. Stryker; Part#: 1080001000 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, LOCAL STOCK NUMBER: 1080001000

2 Stage IV Pole (Head End); Mfr. Stryker; Part#:

1080110000 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, LOCAL STOCK NUMBER: 1080110000

Upright Oxygen Bottle Holder; Mfr. Stryker; Part#:

1020130000 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, LOCAL STOCK NUMBER: 1020130000

2" Standard; Mfr. Stryker; Part#: 1080226001 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, LOCAL STOCK NUMBER: 1080226001

Unboxed Packaging; Mfr. Stryker; Part#: 9000900900 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, LOCAL STOCK NUMBER: 9000900900

SERIAL NUMBER LABEL; Mfr. Stryker; Part#: 1080030040 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, LOCAL STOCK NUMBER: 1080030040

1080, DPM LABEL; Mfr. Stryker; Part#: 1080001901 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, LOCAL STOCK NUMBER: 1080001901

DOM MANUAL 1080, 1 PER STRTCH; Mfr. Stryker; Part#:

108000090001 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, LOCAL STOCK NUMBER: 108000090001

6.00 EA _______________

Eye Stretcher Chair; Mfr. Stryker; Part#: 5051000000 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, LOCAL STOCK NUMBER: 5051000000

400lbs Weight Capacity; Mfr. Stryker; Part#: 5051027000 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, LOCAL STOCK NUMBER: 5051027000

3" Ultra Comfort Concave headp; Mfr. Stryker; Part#:

1069181000 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, LOCAL STOCK NUMBER: 1069181000

Removable IV pole; Mfr. Stryker; Part#: 0390025010 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, LOCAL STOCK NUMBER: 0390025010

5051 DPM LABEL; Mfr. Stryker; Part#: 5051001901 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, LOCAL STOCK NUMBER: 5051001901

LABEL, SPECIFICATION; Mfr. Stryker; Part#: 0036019963 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, LOCAL STOCK NUMBER: 0036019963

21 CFR; Mfr. Stryker; Part#: 0036019933 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, LOCAL STOCK NUMBER: 0036019933

Full Restraint Strap Package; Mfr. Stryker; Part#:

1010077000 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, LOCAL STOCK NUMBER: 1010077000

Adjustable Armboard & Clamp; Mfr. Stryker; Part#:

1068056000 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, LOCAL STOCK NUMBER: 1068056000

Surgery Accessory Rail; Mfr. Stryker; Part#: 5051531010 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, LOCAL STOCK NUMBER: 5051531010

Temporal Wrist Rest; Mfr. Stryker; Part#: 1068251000 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, LOCAL STOCK NUMBER: 1068251000

Superior Wrist Rest; Mfr. Stryker; Part#: 1068250000 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, LOCAL STOCK NUMBER: 1068250000

Oxygen Delivery/Drape Support; Mfr. Stryker; Part#:

1068168000 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, LOCAL STOCK NUMBER: 1068168000

3" x 24" U.C. Mattress; Mfr. Stryker; Part#: 5051043003 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, LOCAL STOCK NUMBER: 5051043003

Blue Labels and Bumpers; Mfr. Stryker; Part#: 5051070070 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, LOCAL STOCK NUMBER: 5051070070

Intl Swing Down Siderails w/ Cw/ Comfort Armrest; Mfr.

Stryker; Part#: 5050125000 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, LOCAL STOCK NUMBER: 5050125000

Intl Independent Leg/ Adjustable Footrest; Mfr. Stryker;

Part#: 5050132000 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, LOCAL STOCK NUMBER: 5050132000

DOM MANUAL OPT, 1 PER STRTCHER; Mfr. Stryker;

Part#: 505000090001 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and

LOCAL STOCK NUMBER: 505000090001

Unboxed Packaging; Mfr. Stryker; Part#: 9000900900 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, Gynnie Stretcher; Mfr. Stryker; Part#: 1061000000 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, LOCAL STOCK NUMBER: 1061000000

500lbs Weight Capacity; Mfr. Stryker; Part#: 1061026000 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, LOCAL STOCK NUMBER: 1061026000

Pneumatic Fiberesin Fowler; Mfr. Stryker; Part#:

1061131100 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, LOCAL STOCK NUMBER: 1061131100

Power washable; Mfr. Stryker; Part#: 1231008000 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, LOCAL STOCK NUMBER: 1231008000

5th Wheel Steering; Mfr. Stryker; Part#: 1010260010

Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, LOCAL STOCK NUMBER: 1010260010

Pop-Up Push Handles; Mfr. Stryker; Part#: 1711151000 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, LOCAL STOCK NUMBER: 1711151000

Drainage Basin Hoop; Mfr. Stryker; Part#: 1061120000 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, LOCAL STOCK NUMBER: 1061120000

Calf Support Mounting Brackets pair; Mfr. Stryker; Part#:

1061130000 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, LOCAL STOCK NUMBER: 1061130000

1061 DPM LABEL; Mfr. Stryker; Part#: 1061001901 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, LOCAL STOCK NUMBER: 1061001901

GYNNIE SPEC LABEL; Mfr. Stryker; Part#: 1061001007 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, LOCAL STOCK NUMBER: 1061001007

21 CFR; Mfr. Stryker; Part#: 0036019933 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, LOCAL STOCK NUMBER: 0036019933

3 Stage IV PoleHead Left; Mfr. Stryker; Part#: 1061110001 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, LOCAL STOCK NUMBER: 1061110001

SERVING TRAY, GRAY; Mfr. Stryker; Part#: 0785045700 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, LOCAL STOCK NUMBER: 0785045700

Disposable Waste Basin - 10pck; Mfr. Stryker; Part#:

1061120110 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, LOCAL STOCK NUMBER: 1061120110

Upright Oxygen Bottle Holder; Mfr. Stryker; Part#:

1020130000 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, LOCAL STOCK NUMBER: 1020130000

4" x 26" Ultra Comfort HeatSealed Mattress; Mfr. Stryker;

Part#: 1061426200 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: 1061426200

Unboxed Packaging; Mfr. Stryker; Part#: 9000900900 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture,

8.00 EA _______________

Eye Surgery Stretcher; Mfr. Stryker; Part#: 1089000000 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, LOCAL STOCK NUMBER: 1089000000

COMMON COMPONENTS; Mfr. Stryker; Part#: 1089226000 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, LOCAL STOCK NUMBER: 1089226000

3 Sided Hydraulic Controls; Mfr. Stryker; Part#: 1105005510 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, LOCAL STOCK NUMBER: 1105005510

3 Sided Brake/Steer Controls; Mfr. Stryker; Part#:

1105003138 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, LOCAL STOCK NUMBER: 1105003138

Crank Knee Gatch Litter; Mfr. Stryker; Part#: 1089140000

PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, LOCAL STOCK NUMBER: 1089140000

3 Position Siderails; Mfr. Stryker; Part#: 1089021000 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, LOCAL STOCK NUMBER: 1089021000

3" Ultra Comfort Concave headp; Mfr. Stryker; Part#:

1069181000 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, LOCAL STOCK NUMBER: 1069181000

2 Stage Permanent IV Pole (foot end); Mfr. Stryker; Part#:

1089080000 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, LOCAL STOCK NUMBER: 1089080000

4" x 26" Ultra Comfort Mattress; Mfr. Stryker; Part#:

1069026090 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, LOCAL STOCK NUMBER: 1069026090

1089 DPM LABEL; Mfr. Stryker; Part#: 1089001901 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, LOCAL STOCK NUMBER: 1089001901

No Pre/Post-Op Pads; Mfr. Stryker; Part#: 1069060015 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, LOCAL STOCK NUMBER: 1069060015

Temporal Wrist Rest; Mfr. Stryker; Part#: 1068251000 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, LOCAL STOCK NUMBER: 1068251000

Superior Wrist Rest; Mfr. Stryker; Part#: 1068250000 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, LOCAL STOCK NUMBER: 1068250000

Pop Up - Foot End Push Handles; Mfr. Stryker; Part#:

1089700010 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, LOCAL STOCK NUMBER: 1089700010

Surgery Accessory Rail; Mfr. Stryker; Part#: 1089266000 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, LOCAL STOCK NUMBER: 1089266000

Oxygen Delivery/Drape Support; Mfr. Stryker; Part#:

1068168000 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and

LOCAL STOCK NUMBER: 1068168000

Gray ID Bumpers; Mfr. Stryker; Part#: 1105003552 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, LOCAL STOCK NUMBER: 1105003552

END CONTROL HYD, COOL GREY; Mfr. Stryker; Part#:

1105005610 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, LOCAL STOCK NUMBER: 1105005610

3 Sided Brake/Steer w/ 3 Sided; Mfr. Stryker; Part#:

1089010400 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, LOCAL STOCK NUMBER: 1089010400

Unboxed Packaging; Mfr. Stryker; Part#: 9000900900 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, Enhanced Clearance Crank Fowler; Mfr. Stryker; Part#:

1089132102 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, LOCAL STOCK NUMBER: 1089132102

GRAND TOTAL _______________

B.3 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

0001 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd North Las Vegas, NV 89086

USA

2.00 Please provide

estimated delivery

0002 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd delivery

0003 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd delivery

0004 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd delivery

0005 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd delivery

0006 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd delivery

0007 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd delivery

0008 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd delivery

0009 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd delivery

0010 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd delivery

0011 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd

6.00 Please provide

delivery

0012 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd delivery

0013 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd delivery

0014 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd delivery

0015 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd

0016 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd delivery

0017 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd delivery

0018 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd delivery

0019 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd delivery

0020 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd delivery

0021 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd delivery

0022 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd delivery

0023 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd

0024 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd delivery

0025 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd delivery

0026 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd delivery

0027 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd delivery

0028 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd delivery

0029 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd delivery

0030 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd delivery

0031 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd

0032 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd delivery

0033 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd delivery

0034 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd delivery

0035 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd delivery

0036 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd delivery

0037 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd delivery

0038 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd delivery

0039 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd

0040 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd delivery

0041 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd delivery

0042 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd delivery

0043 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd delivery

0044 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd delivery

0045 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd delivery

0046 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd delivery

0047 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd

8.00 Please provide

0048 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd delivery

0049 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd delivery

0050 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd delivery

0051 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd delivery

0052 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd delivery

0053 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd delivery

0054 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd delivery

0055 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd

0056 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd delivery

0057 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd delivery

0058 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd delivery

0059 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd delivery

0060 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd delivery

0061 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd delivery

0062 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd delivery

0063 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd

0064 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd delivery

0065 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd delivery

0066 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd delivery

0067 SHIP TO: VA Southern Nevada Health Care System 6900 N Pecos Rd

B.4 STATEMENT OF WORK

1. SUMMARY:

The purpose of this solicitation is to provide a total of 8 Eye Surgery Stretchers.

Vendors to provide bids for Surgical Eye Stretchers which will provide the Government with Surgery Services functioning equipment. This solicitation will fulfill the requirement and need of patients needing procedures in our Operating Rooms at the Las Vegas VAMC. No construction is needed to complete this project. Per vendor if awarded to procure the Surgical Eye Stretchers, the stretchers will come assembled and no vendor personnel will be needed on site. All Surgical Eye Stretchers will be delivered to 5406 East El Campo Grande Avenue suite #150, Las Vegas, NV 89155 where Logistics will assist on tagging all equipment received prior to delivery.

2. SALIENT CHARACTERISTICS

Stryker Eye Surgery Stretcher OR EQUAL offers maximum headend clearance, giving surgeons ample leg room to maneuver while performing delicate eye procedures. The reliable work surface and mobile design combine to help with surgical throughput.

• Enhanced head end clearance

• Retractable fifth wheel

• Metal tooth and groove braking system

3. PARTICIPATING FACILITY:

VA Southern Nevada Healthcare System 6900 N. Pecos Road

4. CONTRACTOR POINT OF CONTACT:

Point of Contact (Full Name): Paul Gomez Telephone Number: 702-498-2429 E-mail Address: Paul.gomez2@va.gov Alternate Point of Contact (Full Name):

Richard Petersen

Telephone Number: 971-352-2038

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered;

and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212- 5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the

Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.2 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL

CONTRACTORS (DEVIATION APR 2026)

(a)Definitions. As used in this clause—

Program participation means membership or participation in, or access or admission to:

training, mentoring, or leadership development programs; educational opportunities; clubs;

associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.

Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources.

(b) In connection with the performance of work under this contract, the Contractor agrees as follows:

(1) The Contractor will not engage in any racially discriminatory DEI activities;

(2) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause;

(3) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared ineligible for further Government contracts;

(4) The Contractor will report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take any appropriate remedial actions directed by the Contracting Officer; and

(5) The Contractor will inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of this clause.

(6) The Contractor recognizes that compliance with the requirements of this clause are material to the Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4).

(c) The Contractor must include the substance of this clause, including this paragraph (c), in subcontracts at any tier, including those for commercial products and commercial services, except those where the place of delivery or performance is outside the United States.

(End of Clause)

C.3 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-

52#FAR_52_252_1

http://www.va.gov/oal/library/vaar/index.asp (VAAR)

(End of Clause)

C.4 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any VAAR (48 CFR Chapter FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of Clause)

FAR

Number

Title Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS NOV 2023

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS

JAN 2017

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED,

SUSPENDED, PROPOSED FOR DEBARMENT, OR

VOLUNTARILY EXCLUDED

JAN 2025

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED

DOMESTIC CORPORATIONS

NOV 2015

52.219-33 NONMANUFACTURER RULE (DEVIATION) NOV 2025

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH

DISABILITIES (DEVIATION)

NOV 2025

52.222-50 COMBATING TRAFFICKING IN PERSONS (DEVIATION) NOV 2025

52.225-3 BUY AMERICAN—FREE TRADE AGREEMENTS—ISRAELI

TRADE ACT (DEVIATION)

NOV 2025

52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT

MESSAGING WHILE DRIVING

MAY 2024

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—

SYSTEM FOR AWARD MANAGEMENT

OCT 2018

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

MAR 2023

52.233-3 PROTEST AFTER AWARD AUG 1996

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM OCT 2004

C.5 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

C.6 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB

2023)

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

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

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

(c) Vendor shall be an OEM, authorized dealer, authorized distributor, or authorized reseller for the proposed equipment/system, verified by an authorization letter or other documents from the OEM. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions.

(End of Clause)

C.7 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

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

(DEVIATION)

(a) Definition. for the Department of Veterans Affairs, ‘‘Service-disabled Veteran-owned small business concern or SDVOSB’’:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.201, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been certified for ownership and control pursuant to 38 U.S.C.