RFQ - POP Device 36C26224Q0825.pdf
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- Solicitation number
- 36C26224Q0825
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This solicitation is for a Percutaneous Osseo-integrated Prosthesis (POP) device clinical study. The VA Cooperative Studies Program requires POP devices, surgical instrumentation, and supplies to support a study involving 150 transfemoral amputee participants implanted over two years at up to six VA sites. Items include various sized femoral stems, caps, bolts, posts, adapters, shields, and instrumentation trays. Delivery within 30 days of award is required. Quotes are due by March 29, 2024. Pricing is to be provided for each item number.
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PAGE 1 OF 1. REQUISITION NO.
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL
TIME
9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS:
SIZE STANDARD:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ IFB RFP
15. DELIVER TO CODE 16. ADMINISTERED BY CODE
17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE
TELEPHONE NO. UEI: EFT:
PHONE: FAX:
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED
SEE ADDENDUM
19. 20. 21. 22. 23. 24.
ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)
PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212
7. FOR SOLICITATION
INFORMATION CALL:
STANDARD FORM 1449
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
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…
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