36C26226Q1085.docx

36C26226Q1085

GENERAL INFORMATION

Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

POINT OF CONTACT*

Contract Specialist Melissa Ramirez Melissa.Ramirez8@va.gov

PLACE OF PERFORMANCE

VA Long Beach Healthcare System

5901 East 7th Street

Long Beach CA

COUNTRY

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

This is a combined synopsis/solicitation set aside for Total Service-Disabled Veteran-Owned Small Business (SDVOSB) for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a separate written solicitation will not be issued. This is a request for quotes under solicitation number: 36C26226Q1085 The Department of Veterans Affairs Long Beach Healthcare System is looking to purchase pharmacy refrigerators equivalent to the items listed below. The contractor shall furnish all supplies to VA Long Beach Healthcare System, 5901 East 7th Street, Long Beach, CA 90822 in accordance with section B.2 SALIENT CHARACTERISTICS under this solicitation. Shipping cost must be included in the total cost.

No remanufacturers or gray market items will be acceptable. Vendor shall be an Original Equipment Manufacturer (OEM), authorized dealer, authorized distributor, or authorized reseller verified by an authorization letter or other documents from the OEM. The letter must either state specific product(s) quoted or the quoter is an authorized distributor for all the manufacturer’s products. This letter or corresponding document must be on the manufacturer’s letterhead and contain the signature of an authorized official for the manufacturer.

The solicitation will be in accordance with Revolutionary FAR Overhaul part 12, and 19, Acquisition of Commercial Items, Simplified Acquisition Procedures, Small Business Programs, and Veteran Affairs Acquisition Regulations as supplemented with additional information in this notice. The North American Industrial Classification System (NAICS) code for this requirement is 333415, Size Standard 1,250 Employees. NMR is waived for the NAICS code in the solicitation and can be verified at https://www.sba.gov/document/support-non-manufacturer-rule-class-waiver-list. The Contractor Combined Synopsis/Solicitation Notice shall adhere to all federal and state laws and regulations in effect during the term of this contract. The Government intends to award a firm-fixed-price contract. The Contract begins on the date of award.

Please note system updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications— Commercial Products and Commercial Services. Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

In advancement of Section 2 of Executive Order 14208, the removal of requirements related to Executive Order 14057 eliminates all non-statutory sustainability requirements or preferences in purchases of food service wares, including paper straws. In addition to removing requirements related to Executive Order 14057, the attachment also reflects recent updates to Code of Federal Regulation citations for the U.S. Department of Agriculture’s BioPreferred® Program, a statutory purchasing preference program.

Key solicitation milestones are:

Submit any questions regarding this procurement via email to Melissa.Ramirez8@va.gov no later than 10am Pacific Time Tuesday July 14th, 2026. No questions will be answered after this date/time unless determined to be in the best interest of the Government as determined by the Contracting Officer. Telephonic questions will not be accepted or returned. RFI responses will be responded to as necessary in amendment format which will be posted to contract opportunities at http://SAM.gov.

Due to time constraints, responses to the solicitation shall be due on Friday, July 17th, 2026 at 10:00 Pacific Time. Offerors are advised that it is your responsibility to review and monitor the website frequently to ensure you have the most up to date information, including amendments. Correspondence or questions may be directed to Melissa Ramirez, Contracting Specialist at Melissa.Ramirez8@va.gov with " 36C26226Q1085, Pharmacy Refrigerators” in the subject line. Telephone inquiries will not be honored. Inquiries after the allotted period may not be responded to due to the time constraints of the procurement. All offerors must be registered in www.SAM.gov to do business with the Government. Ensure your registration is correct, current and has not expired.

Additionally, it is important to note that although NMR is waived for the NAICS code in the solicitation and can be verified at https://www.sba.gov/document/support-non-manufacturer-rule-class-waiver-list the Limitation of Subcontracting VAAR 852.219-76 certification must still be completed and returned in its entirety with the offer. VA Notice of Limitations on Subcontracting - Certificate of Compliance: To be eligible for evaluation and consideration for award, offerors must return the entire Limitations on Subcontracting Certificate of Compliance clause containing a fully completed certification at the time offers are due or the offer will be rejected and not forwarded for evaluation. In addition to completing the offeror ‘fill-in’ requirements for this clause, offerors must insert the offeror’s name in the brackets containing the following verbiage “[Insert Name of Offeror]” to have a fully completed certification. Failure to submit a completed and signed certification with the offer will render the offer ineligible for award and will result in the offer not being considered. No exceptions will be made.

If you are a manufacturer: A manufacturer (the clause uses the term “other than a nonmanufacturer”) must ‘check’ paragraph (a)(1)(i) agreeing that it “will not pay more than 50% of the amount paid by the government to it to firms that are not certified SDVOSBs . . . or certified VOSBs” as listed in the SBA certification database. A manufacturer must also ‘check’ paragraph (a)(2)(i) to indicate that it is the manufacturer or producer of the end item being procured and that the end item is manufactured or produced in the United States.

If you are a nonmanufacturer: A nonmanufacturer must ‘check’ paragraphs (a)(1)(ii), ALL appropriate boxes under (a)(2)(ii), AND (a)(2)(iii). Please note if checking section (a)(2)(ii) Nonmanufacturer, subsequent box three "The offeror certifies that it will take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice” still applies if items being offered will be drop shipping from OEM, the offeror is ensuring items are delivered within industry practice.

All offerors MUST complete and/or provide following:

1. A complete quote/pricing with estimated lead time.

1. The brand name and model number of offering. If offer is an equal to, offeror quotations must demonstrate and submit documentations proving that their offer meets or exceeds ALL the salient characteristics included in this solicitation, otherwise, they will be considered nonresponsive and not be considered for award.

1. An authorized letter or other documents signed by OEM in order to verify the offeror’s authorized dealer, authorized distributor, or authorized reseller status IAW VAAR 852.212-71 Gray Market and Counterfeit Items.

1. A fully completed and signed certification of C.8 VAAR 852.219-76 VA Notice of Limitation on Subcontracting – Certificate of Compliance for Supplies and Products.

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

1. A completed E.3 52.225-2 BUY AMERICAN CERTIFICATE if providing non-domestic items.

Combined Synopsis/Solicitation Notice

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 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:

3. INVOICES: Invoices shall be submitted in arrears:

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.

Submit invoices electronically through https://portal.tungsten-network.com ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 SALIENT CHARACTERISTICS

CLIN 0001 True Scientific Pharmacy Refrigerator Model# TSCI-150PR-SWG-R-WW-1A or equal- Quantity: 1EA

· Must be an undercounter refrigerator and have a pharmacy grade CDC-compliant design for vaccine and pharmaceutical storage, including forced air circulation to eliminate hot and cold spots.

· Must have interior LED lighting for providing even illumination of cabinet contents.

· Must have battery-backed digital display with both audible and visual alarms that include: power failure, high and low temperature alarms, door ajar, and sensor failure.

· Must come with remote alarm contacts for integration with building or facility monitoring systems.

· Must come with an insulated self-closing swing glass door that is lockable, and an antimicrobial handle with magnetic gaskets to ensure a tight seal and contamination control.

· Must come with a minimum of four (4) adjustable powder-coated shelves including two (2) full shelves, one (1) half shelf, and one (1) floor rack to accommodate various sizes and volumes of medication containers.

· Must be designed to maintain cabinet temperatures between 2°C and 8°C (36°F - 46°F) with a nominal set point 5°C (41°F) of for safe medication storage.

· Must have stable operating temperatures 15–32 °C (59–90 °F) with a maximum relative humidity of 60% to ensure proper medication storage.

· Must maintain temperature uniformity within +/- 1 °C throughout the interior and provide real time monitoring for internal stability.

· Must come with simulated product temperature monitoring using a glycol filled bottle, with calibrated temperature probe and rear probe access port.

· Must be self-contained and include an automatic defrost feature to maintain optimal cooling performance and minimize maintenance.

· Must offer at least/minimum 4.7 cubic feet of usable storage space for medications, vials, and temperature sensitive supplies.

· Must not exceed 24inches wide, 25 inches deep, and 32 inches tall to ensure compatibility with space limited clinical settings.

· Must operate on standard 115V-120V/60Hz and include a dedicated NEMA 5-15P plug to properly fit plug ins.

· Must use a low global warming potential refrigerant and feature energy efficient components to support sustainability efforts.

· Must include self-cleaning or low maintenance condenser design that reduces the need for manual coil cleaning and helps maintain tight temperature control and lower energy consumption.

· Must include stationary castors and two front leveling feet or equivalent system that allows stable placement on benchtops or under counter locations.

· Must be certified to NSF/ANSI 456 Vaccine Storage Standard.

· Must ENERGY STAR® certified for efficient energy use.

CLIN 0002 True Scientific Pharmacy Refrigerator Model# TSCI-550PR-SWG-R-WW-1A or equal- Quantity: 3EA

· Must be an upright refrigerator and have a pharmacy grade CDC-compliant design for vaccine and pharmaceutical storage, including forced air circulation to eliminate hot and cold spots.

· Must have interior LED lighting for providing even illumination of cabinet contents.

· Must have battery-backed digital display with both audible and visual alarms that include: power failure, high and low temperature alarms, door ajar, and sensor failure.

· Must come with remote alarm contacts for integration with building or facility monitoring systems.

· Must come with an insulated self-closing swing glass door that is lockable, and an antimicrobial handle with magnetic gaskets to ensure a tight seal and contamination control.

· Must come with a minimum of seven (7) full width adjustable powder-coated steel shelves with ≥ 90 lb capacity to accommodate larger volumes of medication containers.

· Must be designed to maintain cabinet temperatures between 2°C and 8°C (36°F - 46°F) with a nominal set point 5°C (41°F) of for safe medication storage.

· Must have stable operating temperatures 15–32 °C (59–90 °F) with a maximum relative humidity of 60% to ensure proper medication storage.

· Must maintain temperature uniformity within +/- 1°C throughout the interior and provide real time monitoring for internal stability.

· Must come with simulated product temperature monitoring using a glycol filled bottle, with calibrated temperature probe and rear probe access port.

· Must be self-contained and include an automatic defrost feature to maintain optimal cooling performance and minimize maintenance.

· Must offer at least/minimum 19.4 cubic feet of usable storage space for medications, vials, and temperature sensitive supplies.

· Must not exceed 27 inches wide, 29 inches deep, and 48 inches tall with acceptable variations up to ±2 to ensure compatibility with space limitations.

· Must operate on standard 115V-120V/60Hz and include a dedicated NEMA 5-15P plug to properly fit plug ins.

· Must use a low global warming potential refrigerant and feature energy efficient components to support sustainability efforts.

· Must include self-cleaning or low maintenance condenser design that reduces the need for manual coil cleaning and helps maintain tight temperature control and lower energy consumption.

· Must include adjustable leg levelers or equivalent system that allows stable floor installation.

· Must be certified to NSF/ANSI 456 Vaccine Storage Standard.

· Must ENERGY STAR® certified for efficient energy use.

CLIN 0003 True Scientific Pharmacy Refrigerator Model# TSCI-600PR-SWG-L-WW-1A or equal - Quantity: 4EA

· Must be an upright refrigerator and have a pharmacy grade CDC-compliant design for vaccine and pharmaceutical storage, including forced air circulation to eliminate hot and cold spots.

· Must have interior LED lighting for providing even illumination of cabinet contents.

· Must have battery-backed digital display with both audible and visual alarms that include: power failure, high and low temperature alarms, door ajar, and sensor failure.

· Must come with remote alarm contacts for integration with building or facility monitoring systems.

· Must come with an insulated self-closing swing glass door that is lockable, and an antimicrobial handle with magnetic gaskets to ensure a tight seal and contamination control.

· Must come with a minimum of seven (7) full width powder-coated steel shelves with ≥ 100 lb capacity to accommodate larger volumes of medication containers.

· Must be designed to maintain cabinet temperatures between 2°C and 8°C (36°F - 46°F) with a nominal set point 5°C (41°F) of for safe medication storage.

· Must have stable operating temperatures 15–32 °C (59–90 °F) with a maximum relative humidity of 60% to ensure proper medication storage.

· Must maintain temperature uniformity within +/- 1 °C throughout the interior and provide real time monitoring for internal stability.

· Must come with simulated product temperature monitoring using a glycol filled bottle, with calibrated temperature probe and rear probe access port.

· Must be self-contained and include an automatic defrost feature to maintain optimal cooling performance and minimize maintenance.

· Must offer at least/minimum 22.1 cubic feet of usable storage space for medications, vials, and temperature sensitive supplies.

· Must not exceed 30 inches wide, 29 inches deep, and 78 inches tall with acceptable variations up to ±2 to ensure compatibility with space limitations.

· Must operate on standard 115V-120V/60Hz and include a dedicated NEMA 5-15P plug to properly fit plug ins.

· Must use a low global warming potential refrigerant and feature energy efficient components to support sustainability efforts.

· Must include self-cleaning or low maintenance condenser design that reduces the need for manual coil cleaning and helps maintain tight temperature control and lower energy consumption.

· Must include adjustable leg levelers or equivalent system that allows stable floor installation.

· Must be certified to NSF/ANSI 456 Vaccine Storage Standard.

· Must ENERGY STAR® certified for efficient energy use.

CLIN 0004 True Scientific Pharmacy Refrigerator Model# TSCI-600PR-SWG-R-WW-1A or equal - Quantity: 11EA

· Must be an upright refrigerator and have a pharmacy grade CDC-compliant design for vaccine and pharmaceutical storage, including forced air circulation to eliminate hot and cold spots.

· Must have interior LED lighting for providing even illumination of cabinet contents.

· Must have battery-backed digital display with both audible and visual alarms that include: power failure, high and low temperature alarms, door ajar, and sensor failure.

· Must come with remote alarm contacts for integration with building or facility monitoring systems.

· Must come with an insulated self-closing swing glass door that is lockable, and an antimicrobial handle with magnetic gaskets to ensure a tight seal and contamination control.

· Must come with a minimum of seven (7) full width powder-coated steel shelves with ≥ 100 lb capacity to accommodate larger volumes of medication containers.

· Must be designed to maintain cabinet temperatures between 2°C and 8°C (36°F - 46°F) with a nominal set point 5°C (41°F) of for safe medication storage.

· Must have stable operating temperatures 15–32 °C (59–90 °F) with a maximum relative humidity of 60% to ensure proper medication storage.

· Must maintain temperature uniformity within +/- 1°C throughout the interior and provide real time monitoring for internal stability.

· Must come with simulated product temperature monitoring using a glycol filled bottle, with calibrated temperature probe and rear probe access port.

· Must be self-contained and include an automatic defrost feature to maintain optimal cooling performance and minimize maintenance.

· Must offer at least/minimum 22.1 cubic feet of usable storage space for medications, vials, and temperature sensitive supplies.

· Must not exceed 30 inches wide, 29 inches deep, and 78 inches tall with acceptable variations up to ±2 to ensure compatibility with space limitations.

· Must operate on standard 115V-120V/60Hz and include a dedicated NEMA 5-15P plug to properly fit plug ins.

· Must use a low global warming potential refrigerant and feature energy efficient components to support sustainability efforts.

· Must include self-cleaning or low maintenance condenser design that reduces the need for manual coil cleaning and helps maintain tight temperature control and lower energy consumption.

· Must include adjustable leg levelers or equivalent system that allows stable floor installation.

· Must be certified to NSF/ANSI 456 Vaccine Storage Standard.

· Must ENERGY STAR® certified for efficient energy use.

CLIN 0005 True Scientific Castors Part# 830280 or equal - Quantity: 18EA

· Must come in sets of 4 each containing 2 locking and 2 non-locking casters.

· Must be intended for and compatible with pharmacy refrigerators.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

True Scientific Pharmacy Refrigerator Model# TSCI-150PR-SWG-R-WW-1A or equal

IF EQUAL TO, VENDOR MUST PROVIDE

BRAND NAME ____________

& MODEL NUMER ____________

True Scientific Pharmacy Refrigerator Model# TSCI-550PR-SWG-R-WW-1A or equal

True Scientific Pharmacy Refrigerator Model# TSCI-600PR-SWG-L-WW-1A or equal

True Scientific Pharmacy Refrigerator Model# TSCI-600PR-SWG-R-WW-1A or equal

True Scientific Castors Part# 830280 or equal

B.4 DELIVERY SCHEDULE

1.00

3.00

4.00

11.00

18.00

Page 1 of Page 1 of Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) 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.

(c) 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.

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

(e) 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 FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(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. Examples of occurrences include 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. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(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) 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 that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) 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;

(D) Contractor point of contact; and

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

(5) 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 FAR part 33 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 FAR part 32).

(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 termination for cause.

(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 for interest credits prescribed in FAR part 32 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 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. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. 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 under this contract 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) 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; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.

(r) 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 Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract,

(5) Solicitation provisions incorporated in the solicitation.

(6) Other paragraphs of this clause.

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(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 (s)(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.

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This clause does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(u) 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:

(End of Addendum to 52.212-4)

C.2 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (NOV 2025) (DEVIATION)

(a) Equal opportunity clause. The Contractor must abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor must include the terms of this clause in every subcontract or purchase order in excess of the threshold specified in Federal Acquisition Regulation (FAR) 22.1401-2(a)(1) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor must act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of Clause)

C.3 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS (DEVIATION APR 2026) (a)Definitions. As used in this clause— Program participation means membership or participation in, or access or admission to: training, mentoring, or leadership development programs; educational opportunities; clubs; associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.

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

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

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

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

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

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

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

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

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

(End of Clause)

C.4 52.223-23 SUSTAINABLE PRODUCTS (NOV 2025) (DEVIATION)

(a) Definitions. As used in this clause— Sustainable products means—

(1) A product that contains recovered material designated by the EPA under the Comprehensive Procurement Guidelines (42 U.S.C. 6962) (40 CFR part 247) (https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products).

(2) An energy-efficient product or low standby power device (42 U.S.C. 8259b) (10 CFR part 436, subpart C) (https://www.energy.gov/femp/search-energy-efficient-products, https://www.energystar.gov/products?s=mega, and https://www.energy.gov/femp/low-standby-power-product-list).

(3) A biobased product that meets the content requirements of the USDA under the BioPreferred® program (7 U.S.C. 8102) (7 CFR Part 4270) (https://www.biopreferred.gov/)

(4) A substance identified in the EPA’s Significant New Alternatives Policy (SNAP) program as a safe alternative to an ozone-depleting substance (42 U.S.C. 7671l) (40 CFR part 82, subpart G) (https://www.epa.gov/snap/unacceptable-and-acceptable-substitutes-tables).

(b) Requirements. The Government has identified in the statement of work or elsewhere in the contract the sustainable products that are required during the performance of this contract. The Contractor shall ensure that it provides sustainable products as required by this contract, when the products are—

(1) Delivered to the Government;

(2)Furnished for use by the Government;

(3) Incorporated into the construction of a public building or public work; or

(c) Furnished for use in performing services under this contract, where the cost of the products is a direct cost to this contract.

(End of Clause)

C.5 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

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

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

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

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

(End of Clause) C.7 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

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

(1) Means a small business concern—

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

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

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

(iv) The business has been certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.

(2) The term ‘‘Service-disabled Veteran’’ means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term ‘‘small business concern owned and controlled by Veterans with service-connected disabilities’’ has the meaning given the term ‘‘small business concern owned and controlled by service-disabled veterans’’ under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)).

(5) The term “SDVOSB participant” or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102).

(b) General. In order for a concern to submit an offer and be eligible for the award of an SDVOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be listed as an SDVOSB participant in the SBA certification database as set forth in 13 CFR 128.

(1) Offers received from entities that are not certified SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a certified SDVOSB listed in the SBA certification database who is eligible at the time of submission of offer(s) and at the time of award.

(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its…