RFQ - POP Device 36C26224Q0825.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

36C26224Q0825 03-18-2024

Doan, Anette 562-766-2200 03-29-2024

12PM PDT

36C262

Department of Veterans Affairs

Network Contracting Office 22

4811 Airport Plaza Drive

Suite 600

Long Beach CA 90815

X

334510

1250 Employees

N/A

X

36C501

Department of Veterans Affairs

Network Contracting Office 22

4811 Airport Plaza Drive

Suite 600

Long Beach CA 90815

36C262

Department of Veterans Affairs

Network Contracting Office 22

4811 Airport Plaza Drive

Suite 600

Long Beach CA 90815

Department of Veterans Affairs

Financial Services Center

1866-372-7141

See CONTINUATION Page

PLEASE ENSURE THE FOLLOWING INFORMATION IS REFERENCED

ITEM SCHEDULE, SALIENT CHARACTERISTICS, AND ALL CLAUSES

VENDORS SHALL SHOW CLEAR, COMPELLING, AND CONVINCING EVIDENCE

THAT ALL “EQUAL TO ITEMS” MEET ALL REQUIRED SALIENT

CHARACTERISTICS IAW FAR 52.211-6 – BRAND NAME OR EQUAL.

AFTER RECEIPT OF ORDER (ARO): 30 CALENDAR DAYS

THIS IS A TOTAL SDVOSB SET-ASIDE SOLICITATION

QUOTES MUST BE SUBMITTED VIA EMAIL TO ANETTE.DOAN@VA.GOV

QUOTES MUST BE VALID FOR AT LEAST 60 DAYS

ALL QUESTIONS MUST BE RECEIVED BY 12:00PM PDT ON

MARCH 22, 2024.

OFFERS TO THIS SOLICITATION SHALL BE E-MAILED

NO LATER THAN 12:00 PM PDT ON MARCH 29, 2024.

See CONTINUATION Page

X X

X X

Nichols, Cecil S.

mailto:ANETTE.DOAN@VA.GOV

36C26224Q0825

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

B.4 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

C.1 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND

SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED

ENTITIES (NOV 2021)

C.2 52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION

C.3 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2023)

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

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021)

C.5 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

C.6 52.219-14 LIMITATIONS ON SUBCONTRACTING (OCT 2022)

C.7 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—SYSTEM FOR AWARD

MANAGEMENT (OCT 2018)

C.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.9 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.10 VAAR 852.219-78 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (SEP 2021)

(DEVIATION)

C.11 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.12 VAAR 852.247-72 MARKING DELIVERABLES (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 (NOV 2021)

E.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.3 52.216-1 TYPE OF CONTRACT (APR 1984)

E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

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 2022) (JUL 2020) (DEVIATION)

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: TBD

MENT: Contracting Officer 36C262

Department of Veterans Affairs

Network Contracting Office 22

4811 Airport Plaza Drive, Suite 600

Long Beach CA 90815

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 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.

This is accomplished through the Tungsten Network located at:

https://www.fsc.va.gov/einvoice.asp

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

AMENDMENT NO DATE

B.2 STATEMENT OF WORK

1. CONTRACT TITLE.

Percutaneous Osseo-integrated Prosthesis (POP) Devices

2. BACKGROUND.

The VA Cooperative Studies Program, Clinical Research Pharmacy Coordinating Center

(CRPCC) has a requirement to source and distribute Percutaneous Osseointegrated

Prosthesis (POP) devices, associated surgical instrumentation, and ancillary supplies to support clinical study CSP#2017, A Prospective, Pivotal Study to Characterize the Efficacy and Safety of a Percutaneous Osseointegrated Prosthesis. This study will involve 150 participants (≥ 12 months post transfemoral amputation) to be implanted over a 2-year period at up to 6 VA sites. Each participant’s remaining amputated femur and limb will vary in dimension, and thus requires the procurement of a variety of sizes of POP devices.

Furthermore, each POP device requires multiple components which are implanted in a 2-stage procedure four to six weeks apart. Lastly, this project requires procurement of surgical instrumentation for all sites to properly perform safe, sterile, and high-precision surgeries for device implantation; hence, vendor must have FDA approval.

The CRPCC will receive all materials for this study in the prespecified quantities at the start of CSP#2017.

3. SCOPE.

The vendor will manufacture and ship the POP devices, associated instrumentation, and ancillary supplies to the CRPCC prior to study startup.

4. TASKS

4.1 Task 1: The vendor will provide POP devices as specified in the Deliverables

(Item Number List) Section of this document.

4.2 Task 2: Vendor will pack items separated by Item Number (such as box per part number, bag per part number, or other similar packaging so each Item Number is separate) provide a packing list clearly showing Item Number, Description, and

Quantity of each Part Number.

4.3 Task 3: The vendor will ship all supplies in industry standard packaging

4.4 Task 4: Due to various FDA regulations and other guidance related to implanted/explanted devices, at the end of the subject study, all unusable POP devices will be returned to the vendor for proper disposition in accordance with current industry guidance.

5. SECURITY REQUIREMENTS.

The C&A requirements do not apply, and a Security Accreditation Package is not required.

6. DELIVERY SCHEDULE AND SHIPPING ADDRESS

Delivery should occur as a single shipment once all items have been manufactured and shipped no later than 30-days after contract award.

Supplies to be shipped to:

VA Cooperative Studies Program Clinical Research Pharmacy Coordinating Center

CSP#2017 (Attn: Adam Henrie/Jeffrey Huminik)

2401 Centre Avenue, SE

Albuquerque, NM 87106-4180

7. DELIVERABLES (Item Number List)

(NOTE: If vendor updates item numbers between the time of contract award and user receipt of shipment, vendor/COR/user will coordinate recording changes.)

Item

Number Item Description Catgegory Qty

710-00-015 AKA POP, FEMORAL STEM, SZ 15mm IMPLANTS 60

710-00-016 AKA POP, FEMORAL STEM, SZ 16mm IMPLANTS 60

710-00-017 AKA POP, FEMORAL STEM, SZ 17mm IMPLANTS 50

710-00-018 AKA POP, FEMORAL STEM, SZ 18mm IMPLANTS 45

710-00-019 AKA POP, FEMORAL STEM, SZ 19mm IMPLANTS 40

710-00-020 AKA POP, FEMORAL STEM, SZ 20mm IMPLANTS 35

710-00-021 AKA POP, FEMORAL STEM, SZ 21mm IMPLANTS 30

710-00-022 AKA POP, FEMORAL STEM, SZ 22mm IMPLANTS 25

710-00-100 AKA POP, STAGE 1 CAP IMPLANTS 168

710-00-200 AKA POP, POST ASSEMBLY BOLT IMPLANTS 225

710-00-325 AKA POP, PERCUTANEOUS POST, 25mm IMPLANTS 100

710-00-335 AKA POP, PERCUTANEOUS POST, 25mm IMPLANTS 100

710-00-345 AKA POP, PERCUTANEOUS POST, 25mm IMPLANTS 100

710-01-400

AKA POP, FERRIER PROSTHETIC

ADAPTER, NEUTRAL, L

IMPLANTS 95

710-02-400

AKA POP, FERRIER PROSTHETIC

ADAPTER, NEUTRAL, R

IMPLANTS 95

710-01-409

AKA POP, FERRIER PROSTHETIC

ADAPTER, 9mm OFFSET, L

IMPLANTS 25

710-02-409

AKA POP, FERRIER PROSTHETIC

ADAPTER, 9mm OFFSET, R

IMPLANTS 25

710-01-413

AKA POP, FERRIER PROSTHETIC

ADAPTER, 13mm OFFSET, L

IMPLANTS 20

710-02-413

AKA POP, FERRIER PROSTHETIC

ADAPTER, 13mm OFFSET, R

IMPLANTS 20

710-00-500

AKA POP, DISTAL POST ADAPTER

BOLT

IMPLANTS 225

710-00-600 AKA POP, STOMA SHIELD IMPLANTS 300

710-00-700 AKA POP, DISTAL POST ADAPTER IMPLANTS 168

805-99-111

AKA POP, STAGE 1 FEMORAL PREP,

UPPER TRAY

STAGE 1 FEMORAL PREP 16

805-01-112 AKA POP, REAMER, 12mm STAGE 1 FEMORAL PREP 16

805-01-113 AKA POP, REAMER, 13mm STAGE 1 FEMORAL PREP 16

805-01-114 AKA POP, REAMER, 14mm STAGE 1 FEMORAL PREP 16

805-01-115 AKA POP, REAMER, 15mm STAGE 1 FEMORAL PREP 16

805-01-116 AKA POP, REAMER, 16mm STAGE 1 FEMORAL PREP 16

805-01-117 AKA POP, REAMER, 17mm STAGE 1 FEMORAL PREP 16

805-01-118 AKA POP, REAMER, 18mm STAGE 1 FEMORAL PREP 16

805-01-119 AKA POP, REAMER, 19mm STAGE 1 FEMORAL PREP 16

805-01-120 AKA POP, REAMER, 20mm STAGE 1 FEMORAL PREP 16

805-01-121 AKA POP, REAMER, 21mm STAGE 1 FEMORAL PREP 16

805-01-122 AKA POP, REAMER, 22mm STAGE 1 FEMORAL PREP 16

805-01-212 AKA POP, PLANER, 12mm STAGE 1 FEMORAL PREP 16

805-01-213 AKA POP, PLANER, 13mm STAGE 1 FEMORAL PREP 16

805-01-214 AKA POP, PLANER, 14mm STAGE 1 FEMORAL PREP 16

805-01-215 AKA POP, PLANER, 15mm STAGE 1 FEMORAL PREP 16

805-01-216 AKA POP, PLANER, 16mm STAGE 1 FEMORAL PREP 16

805-01-217 AKA POP, PLANER, 17mm STAGE 1 FEMORAL PREP 16

805-01-218 AKA POP, PLANER, 18mm STAGE 1 FEMORAL PREP 16

805-01-219 AKA POP, PLANER, 19mm STAGE 1 FEMORAL PREP 16

805-01-220 AKA POP, PLANER, 20mm STAGE 1 FEMORAL PREP 16

805-01-221 AKA POP, PLANER, 21mm STAGE 1 FEMORAL PREP 16

805-01-222 AKA POP, PLANER, 22mm STAGE 1 FEMORAL PREP 16

805-99-112

AKA POP, STAGE 1 FEMORAL PREP,

LOWER TRAY

STAGE 1 FEMORAL PREP 16

805-01-001 AKA POP, CANAL FINDER STAGE 1 FEMORAL PREP 16

805-01-002 AKA POP, STARTER DRILL STAGE 1 FEMORAL PREP 16

805-01-111 AKA POP, REAMER, 11mm STAGE 1 FEMORAL PREP 16

805-01-312 AKA POP, BROACH, 12mm STAGE 1 FEMORAL PREP 16

805-01-313 AKA POP, BROACH, 13mm STAGE 1 FEMORAL PREP 16

805-01-314 AKA POP, BROACH, 14mm STAGE 1 FEMORAL PREP 16

805-01-315 AKA POP, BROACH, 15mm STAGE 1 FEMORAL PREP 16

805-01-316 AKA POP, BROACH, 16mm STAGE 1 FEMORAL PREP 16

805-01-317 AKA POP, BROACH, 17mm STAGE 1 FEMORAL PREP 16

805-01-318 AKA POP, BROACH, 18mm STAGE 1 FEMORAL PREP 16

805-01-319 AKA POP, BROACH, 19mm STAGE 1 FEMORAL PREP 16

805-01-320 AKA POP, BROACH, 20mm STAGE 1 FEMORAL PREP 16

805-01-321 AKA POP, BROACH, 21mm STAGE 1 FEMORAL PREP 16

805-01-322 AKA POP, BROACH, 22mm STAGE 1 FEMORAL PREP 16

805-01-017

AKA POP, STEM IMPACTION DEPTH

GAUGE

STAGE 1 FEMORAL PREP 16

805-01-007 AKA POP, STEM IMPACTOR ADAPTER STAGE 1 FEMORAL PREP 16

805-02-501

T-HANDLE, FIXED WITH ZIMMER

QUICK CONNECT

STAGE 1 FEMORAL PREP 16

805-99-121 AKA POP, STAGE 1 INSTRUMENT TRAY

STAGE 1 GENERAL

INSTRUMENTS

805-01-003 SLAP HAMMER

STAGE 1 GENERAL

INSTRUMENTS

805-01-013 BROACH HANDLE

STAGE 1 GENERAL

INSTRUMENTS

805-02-601 T20 TORX DRIVER

STAGE 1 GENERAL

INSTRUMENTS

805-99-131 AKA POP, STAGE 2 INSTRUMENT TRAY STAGE 2 INSTRUMENTS 16

805-01-004 AKA POP, STOMA BLADE STAGE 2 INSTRUMENTS 16

805-01-005 AKA POP, POST LENGTH TRIAL STAGE 2 INSTRUMENTS 16

805-01-006 AKA POP, POST IMPACTOR HANDLE STAGE 2 INSTRUMENTS 16

805-01-008 AKA POP, COUNTER TORQUE HANDLE STAGE 2 INSTRUMENTS 16

805-01-010 AKA POP, POST REMOVAL TOOL, 25mm STAGE 2 INSTRUMENTS 16

805-01-011 AKA POP, POST REMOVAL TOOL, 35mm STAGE 2 INSTRUMENTS 16

805-01-012 AKA POP, POST REMOVAL TOOL, 45mm STAGE 2 INSTRUMENTS 16

805-01-018 AKA POP, FERRIER ADAPTER TRIAL STAGE 2 INSTRUMENTS 16

805-02-601 T20 TORX DRIVER STAGE 2 INSTRUMENTS 16

805-01-502

T-HANDLE, TORQUE LIMITING WITH

1/4" SQ. ADAPTER

STAGE 2 INSTRUMENTS 22

805-01-602

T30 TORX DRIVER WITH SQ. QUICK

CONNECT

STAGE 2 INSTRUMENTS 16

805-02-015 2.4 x 152 STEINMANN PIN STAGE 2 INSTRUMENTS 300

805-02-501

T-HANDLE, FIXED WITH ZIMMER

QUICK CONNECT

STAGE 2 INSTRUMENTS 16

800-01-035 PIN EXTRACTOR (INSERTER) STAGE 2 INSTRUMENTS 16

805-88-101 AKA POP, X-RAY TEMPLATE, STAGE 1

X-Ray Templates / Labels /

Outer Sterilization Cases

805-88-102 AKA POP, X-RAY TEMPLATE, STAGE 2

X-Ray Templates / Labels /

Outer Sterilization Cases

805-98-110 AKA POP, CASE LABEL

X-Ray Templates / Labels /

Outer Sterilization Cases

805-98-111 AKA POP, CASE LABEL

X-Ray Templates / Labels /

Outer Sterilization Cases

805-98-120 AKA POP, CASE LABEL

X-Ray Templates / Labels /

Outer Sterilization Cases

805-98-121 AKA POP, CASE LABEL

X-Ray Templates / Labels /

Outer Sterilization Cases

805-98-130 AKA POP, CASE LABEL

X-Ray Templates / Labels /

Outer Sterilization Cases

805-98-131 AKA POP, CASE LABEL

X-Ray Templates / Labels /

Outer Sterilization Cases

800-99-114 REPLACEMENT RED CORNER LID

X-Ray Templates / Labels /

Outer Sterilization Cases

800-99-115

REPLACEMENT SINGLE LAYER OUTER

TRAY

X-Ray Templates / Labels /

Outer Sterilization Cases

800-99-116

REPLACEMENT DOUBLE LAYER

OUTER TRAY

X-Ray Templates / Labels /

Outer Sterilization Cases

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

60.00 EA __________________ __________________

AKA POP, FEMORAL STEM, SZ 15mm

LOCAL STOCK NUMBER: 710-00-015

60.00 EA __________________ __________________

AKA POP, FEMORAL STEM, SZ 16mm

LOCAL STOCK NUMBER: 710-00-016

50.00 EA __________________ __________________

AKA POP, FEMORAL STEM, SZ 17mm

LOCAL STOCK NUMBER: 710-00-017

45.00 EA __________________ __________________

AKA POP, FEMORAL STEM, SZ 18mm

LOCAL STOCK NUMBER: 710-00-018

40.00 EA __________________ __________________

AKA POP, FEMORAL STEM, SZ 19mm

LOCAL STOCK NUMBER: 710-00-019

35.00 EA __________________ __________________

AKA POP, FEMORAL STEM, SZ 20mm

LOCAL STOCK NUMBER: 710-00-020

30.00 EA __________________ __________________

AKA POP, FEMORAL STEM, SZ 21mm

LOCAL STOCK NUMBER: 710-00-021

25.00 EA __________________ __________________

AKA POP, FEMORAL STEM, SZ 22mm

LOCAL STOCK NUMBER: 710-00-022

168.00 EA __________________ __________________

AKA POP, STAGE 1 CAP

LOCAL STOCK NUMBER: 710-00-100

225.00 EA __________________ __________________

AKA POP, POST ASSEMBLY BOLT

LOCAL STOCK NUMBER: 710-00-200

80.00 EA __________________ __________________

AKA POP, PERCUTANEOUS POST, 25mm

LOCAL STOCK NUMBER: 710-00-325

90.00 EA __________________ __________________

LOCAL STOCK NUMBER: 710-00-335

80.00 EA __________________ __________________

LOCAL STOCK NUMBER: 710-00-345

95.00 EA __________________ __________________

AKA POP, FERRIER PROSTHETIC ADAPTER, NEUTRAL, L

LOCAL STOCK NUMBER: 710-01-400

95.00 EA __________________ __________________

AKA POP, FERRIER PROSTHETIC ADAPTER, NEUTRAL, R

LOCAL STOCK NUMBER: 710-02-400

AKA POP, FERRIER PROSTHETIC ADAPTER, 9mm OFFSET, L

LOCAL STOCK NUMBER: 710-01-409

AKA POP, FERRIER PROSTHETIC ADAPTER, 9mm OFFSET, R

LOCAL STOCK NUMBER: 710-02-409

20.00 EA __________________ __________________

AKA POP, FERRIER PROSTHETIC ADAPTER, 13mm OFFSET, L

LOCAL STOCK NUMBER: 710-01-413

20.00 EA __________________ __________________

AKA POP, FERRIER PROSTHETIC ADAPTER, 13mm OFFSET, R

LOCAL STOCK NUMBER: 710-02-413

225.00 EA __________________ __________________

AKA POP, DISTAL POST ADAPTER BOLT

LOCAL STOCK NUMBER: 710-00-500

300.00 EA __________________ __________________

AKA POP, STOMA SHIELD

LOCAL STOCK NUMBER: 710-00-600

168.00 EA __________________ __________________

AKA POP, DISTAL POST ADAPTER

LOCAL STOCK NUMBER: 710-00-700

16.00 EA __________________ __________________

AKA POP, STAGE 1 FEMORAL PREP, UPPER TRAY

LOCAL STOCK NUMBER: 805-99-111

AKA POP, REAMER, 12mm

LOCAL STOCK NUMBER: 805-01-112

AKA POP, REAMER, 13mm

LOCAL STOCK NUMBER: 805-01-113

AKA POP, REAMER, 14mm

LOCAL STOCK NUMBER: 805-01-114

AKA POP, REAMER, 15mm

LOCAL STOCK NUMBER: 805-01-115

AKA POP, REAMER, 16mm

LOCAL STOCK NUMBER: 805-01-116

AKA POP, REAMER, 17mm

LOCAL STOCK NUMBER: 805-01-117

AKA POP, REAMER, 18mm

LOCAL STOCK NUMBER: 805-01-118

AKA POP, REAMER, 19mm

LOCAL STOCK NUMBER: 805-01-119

AKA POP, REAMER, 20mm

LOCAL STOCK NUMBER: 805-01-120

AKA POP, REAMER, 21mm

LOCAL STOCK NUMBER: 805-01-121

AKA POP, REAMER, 22mm

LOCAL STOCK NUMBER: 805-01-122

AKA POP, PLANER, 12mm

LOCAL STOCK NUMBER: 805-01-212

AKA POP, PLANER, 13mm

LOCAL STOCK NUMBER: 805-01-213

AKA POP, PLANER, 14mm

LOCAL STOCK NUMBER: 805-01-214

AKA POP, PLANER, 15mm

LOCAL STOCK NUMBER: 805-01-215

AKA POP, PLANER, 16mm

LOCAL STOCK NUMBER: 805-01-216

AKA POP, PLANER, 17mm

LOCAL STOCK NUMBER: 805-01-217

AKA POP, PLANER, 18mm

LOCAL STOCK NUMBER: 805-01-218

AKA POP, PLANER, 19mm

LOCAL STOCK NUMBER: 805-01-219

AKA POP, PLANER, 20mm

LOCAL STOCK NUMBER: 805-01-220

AKA POP, PLANER, 21mm

LOCAL STOCK NUMBER: 805-01-221

AKA POP, PLANER, 22mm

LOCAL STOCK NUMBER: 805-01-222

AKA POP, STAGE 1 FEMORAL PREP, LOWER TRAY

LOCAL STOCK NUMBER: 805-99-112

AKA POP, CANAL FINDER

LOCAL STOCK NUMBER: 805-01-001

AKA POP, STARTER DRILL

LOCAL STOCK NUMBER: 805-01-002

AKA POP, REAMER, 11mm

LOCAL STOCK NUMBER: 805-01-111

AKA POP, BROACH, 12mm

LOCAL STOCK NUMBER: 805-01-312

AKA POP, BROACH, 13mm

LOCAL STOCK NUMBER: 805-01-313

AKA POP, BROACH, 14mm

LOCAL STOCK NUMBER: 805-01-314

AKA POP, BROACH, 15mm

LOCAL STOCK NUMBER: 805-01-315

AKA POP, BROACH, 16mm

LOCAL STOCK NUMBER: 805-01-316

AKA POP, BROACH, 17mm

LOCAL STOCK NUMBER: 805-01-317

AKA POP, BROACH, 18mm

LOCAL STOCK NUMBER: 805-01-318

AKA POP, BROACH, 19mm

LOCAL STOCK NUMBER: 805-01-319

AKA POP, BROACH, 20mm

LOCAL STOCK NUMBER: 805-01-320

AKA POP, BROACH, 21mm

LOCAL STOCK NUMBER: 805-01-321

AKA POP, BROACH, 22mm

LOCAL STOCK NUMBER: 805-01-322

AKA POP, STEM IMPACTION DEPTH GAUGE

LOCAL STOCK NUMBER: 805-01-017

AKA POP, STEM IMPACTOR ADAPTER

LOCAL STOCK NUMBER: 805-01-007

T-HANDLE, FIXED WITH ZIMMER QUICK CONNECT

LOCAL STOCK NUMBER: 805-02-501

AKA POP, STAGE 1 INSTRUMENT TRAY

LOCAL STOCK NUMBER: 805-99-121

SLAP HAMMER

LOCAL STOCK NUMBER: 805-01-003

BROACH HANDLE

LOCAL STOCK NUMBER: 805-01-013

T20 TORX DRIVER

LOCAL STOCK NUMBER: 805-02-601

AKA POP, STAGE 2 INSTRUMENT TRAY

LOCAL STOCK NUMBER: 805-99-131

AKA POP, STOMA BLADE

LOCAL STOCK NUMBER: 805-01-004

AKA POP, POST LENGTH TRIAL

LOCAL STOCK NUMBER: 805-01-005

AKA POP, POST IMPACTOR HANDLE

LOCAL STOCK NUMBER: 805-01-006

AKA POP, COUNTER TORQUE HANDLE

LOCAL STOCK NUMBER: 805-01-008

AKA POP, POST REMOVAL TOOL, 25mm

LOCAL STOCK NUMBER: 805-01-010

AKA POP, POST REMOVAL TOOL, 35mm

LOCAL STOCK NUMBER: 805-01-011

AKA POP, POST REMOVAL TOOL, 45mm

LOCAL STOCK NUMBER: 805-01-012

AKA POP, FERRIER ADAPTER TRIAL

LOCAL STOCK NUMBER: 805-01-018

T20 TORX DRIVER

LOCAL STOCK NUMBER: 805-02-601

22.00 EA __________________ __________________

T-HANDLE, TORQUE LIMITING WITH 1/4" SQ. ADAPTER

LOCAL STOCK NUMBER: 805-01-502

T30 TORX DRIVER WITH SQ. QUICK CONNECT

LOCAL STOCK NUMBER: 805-01-602

300.00 EA __________________ __________________

2.4 x 152 STEINMANN PIN

LOCAL STOCK NUMBER: 805-02-015

T-HANDLE, FIXED WITH ZIMMER QUICK CONNECT

LOCAL STOCK NUMBER: 805-02-501

PIN EXTRACTOR (INSERTER)

LOCAL STOCK NUMBER: 800-01-035

10.00 EA __________________ __________________

AKA POP, X-RAY TEMPLATE, STAGE 1

LOCAL STOCK NUMBER: 805-88-101

10.00 EA __________________ __________________

AKA POP, X-RAY TEMPLATE, STAGE 2

LOCAL STOCK NUMBER: 805-88-102

AKA POP, CASE LABEL

LOCAL STOCK NUMBER: 805-98-110

LOCAL STOCK NUMBER: 805-98-111

LOCAL STOCK NUMBER: 805-98-120

LOCAL STOCK NUMBER: 805-98-121

LOCAL STOCK NUMBER: 805-98-130

LOCAL STOCK NUMBER: 805-98-131

48.00 EA __________________ __________________

REPLACEMENT RED CORNER LID

LOCAL STOCK NUMBER: 800-99-114

32.00 EA __________________ __________________

REPLACEMENT SINGLE LAYER OUTER TRAY

LOCAL STOCK NUMBER: 800-99-115

REPLACEMENT DOUBLE LAYER OUTER TRAY

LOCAL STOCK NUMBER: 800-99-116

GRAND TOTAL __________________

B.4 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

60.00

60.00

50.00

45.00

40.00

35.00

30.00

25.00

168.00

225.00

80.00

90.00

80.00

95.00

95.00

20.00

20.00

225.00

300.00

168.00

16.00

22.00

300.00

10.00

10.00

48.00

32.00

SECTION C - CONTRACT CLAUSES

C.1 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE,

SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY

LAB AND OTHER COVERED ENTITIES (NOV 2021)

(a) Definitions. As used in this clause—Covered article means any hardware, software, or service that—

(1) Is developed or provided by a covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a covered entity.

Covered entity means—

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year

2018 (Pub. L. 115–91) prohibits Government use of any covered article. The Contractor is prohibited from—

(1) Providing any covered article that the Government will use on or after October 1, 2018; and

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement. (1) In the event the Contractor identifies a covered article provided to the

Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the

Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting

Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:

(i) Within 1 business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer

(OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the https://dibnet.dod.mil/ https://dibnet.dod.mil/

Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts including subcontracts for the acquisition of commercial products or commercial services.

(End of Clause)

C.2 52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION.

(a) Definitions. As used in this clause—

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited, or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-

328), the No TikTok on Government Devices Act, and its implementing guidance under Office of

Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, “No TikTok on

Government Devices” Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees;

however, this prohibition does not apply if the Contracting Officer provides written notification to the

Contractor that an exception has been granted in accordance with OMB Memorandum M-23-13.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.

(End of Clause)

C.3 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.4 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS

(JAN 2021)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing

Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-

78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or

Executive orders applicable to acquisitions of commercial items:

[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I

(OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of

2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American

Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020)

(Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved]

[] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section

743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT

2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct

2018) (41 U.S.C. 2313).

[] (10) [Reserved]

[] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C.

657a).

[] (ii) Alternate I (MAR 2020) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C.

657a).

[] (ii) Alternate I (MAR 2020) of 52.219-4.

[] (13) [Reserved]

[X] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-6.

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219–9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (JUN 2020) of 52.219–9.

[] (v) Alternate IV (JUN 2020) of 52.219–9.

[] (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (ii) Alternate I (MAR 2020) of 52.219-13.

[X] (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020)

(15 U.S.C. 657f).

[X] (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 2020) (15 U.S.C

632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219-28.

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged

Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C. 637(m)).

[] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business

Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)).

[] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C.

644(r)).

[] (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17))

[X] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JUL 2020)

(DEVIATION) (E.O. 13126).

[X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (30)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (ii) Alternate I (FEB 1999) of 52.222-26.

[X] (31)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[] (ii) Alternate I (JULY 2014) of 52.222-35.

[X] (32)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

[] (ii) Alternate I (JULY 2014) of 52.222-36.

[X] (33) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC

2010) (E.O. 13496).

[X] (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O.

13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[X] (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items

(May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditio…