36C26322Q0294.pdf

PAGE 1 OF 1. REQUISITION NO.

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

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

TIME

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

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

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

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

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

SEE ADDENDUM

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

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

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

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

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

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

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

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

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

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

636-22-2-4154-0028

36C26322Q0294 07-21-2022

Shavokie Gibson 319.688.3617 07-29-2022

08:00 CDT

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

1303 5th St, Suite 300

Coralville IA 52241

X 100

X

333314

500 Employees

N/A

Iowa City VA Health Care System

601 Highway 6 West

Iowa City IA 52246

NETWORK 23 CONTRACTING OFFICE

1303 5th St, Suite 300

Coralville IA 52241

FMS-VA-2(101)

Financial Services Center

PO Box 149971

Austin TX 78714-9971

See CONTINUATION Page

CEILING MOUNTED MICROSCOPE

SEE SECTION B.2 FOR DETAILS

THIS SOLICITATION IS BEING CONDUCTED BY THE NCO 23

CONTRACTING OFFICE

THIS SOLICITATION IS

LOWEST PRICE TECHNICALLY ACCEPTABLE(LPTA)

THIS IS A "BRAND NAME OR EQUAL (BNOE)" SOLICITATION

FAILURE TO DEMONSTRATE THIS MAY RESULT IN THE OFFER BEING

FOUND NONRESPONSIVE

THIS SOLICITATION IS A SDVOSB SET ASIDE

ALL QUESTIONS NEED TO BE SUBMITTED 72 HOURS BEFORE OFFICIAL

DUE DATE STATED IN BLOCK 8 TO BE CONSIDERED

SIGN SF1449 AND RETURN ALL PAGES WITH OFFER SUBMISSION

ALONG WITH DESCRPTIVE LITERATURE OF THE PRODUCTS DOCUMENTS

AND THE MANUFACTURE LETTER OF AUTHORIZATION

FAILURE TO SUBMIT ALL DOCUMENTS BY THE DUE DATE IN BLOCK 8

WILL BE FOUND NONRESPONSIVE

See CONTINUATION Page

636-3620160-4154-820200-3131-636-XXXXXX-0400K1043

X X

X 1

Shavokie Gibson

36C26322Q0294

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 SPECFICATIONS

B.3 PRICE/COST SCHEDULE

B.4 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2021)

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

C.3 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.4 VAAR 852.212-71 GRAY MARKET ITEMS (APR 2020)

C.5 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.6 VAAR 852.219-78 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (SEP 2021)

(DEVIATION)

C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.8 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 29

C.9 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JAN 2022) (JUL 2020) (DEVIATION)

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 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

E.5 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (JAN 1999)

E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) (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:

b. GOVERNMENT:

Contracting Officer 36C263

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

1303 5th St, Suite 300

Coralville IA 52241

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 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.

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

AMENDMENT NO DATE

B.2 SPECFICATIONS

General Equipment Name: Ceiling Mounted Microscope

Description & Salient Characteristics In addition to the following Salient Characteristics this microscope must be able to be ceiling mounted and have a teaching head with no loss of reflex.

BRAND NAME OR EQUAL TO LUMERA 700 MICROSCOPE SALIENT CHARACTERSISTICS

• Microscope must have offered all the following lighting options: LED, Halogen, Xenon.

• Field of view: 60° to 130°

• Must have 2 focusing options.

• Surgical microscope must feature apochromatic optics throughout the entire visual pathway

• The surgical microscope must feature a stereo coaxial illumination.

• The surgical microscope must be able to offer an integrated assistant's microscope with motorized zoom and focus that can be configured to be linked or adjusted independently of the main observer.

• The surgical microscope must offer a tiltable binocular tube that has optical inverters (manual or motorized available) integrated to enable image inversion without a 2-piece inverter and binocular tube setup for lower “stack height.”

• Must be equipped with a binocular tube with motorized inverters and a non-contact fundus viewing system, the surgical microscope can be configured such that activation of the fundus viewing system automatically results in activation of the inverters and any affiliated user profile settings (light intensity, starting zoom and focus values, etc.) to speed transitioning between microscope setups optimal for anterior and posterior segment visualization equipped with Zero to 180-degree views.

• Optimized visualization of the eye: SCI™ (Stereo Coaxial Illumination) for constant brilliance and brightness: every detail of the patient´s eye becomes visible.

• Must be able to provide “Optimized workflow and maximum ease of use” by to the cableless design, the wireless foot control panel, the assistant who can select his/her zoom parallel to or independently of the main surgeon and integrated additional functions like keratoscope ring or surgical slit illuminator are all interior and within the scope.

• Must be able to offer Stereo Coaxial Illumination which allows for even the most minute anatomical structures clearly into view.

• Must be able to offer completely Apochromatic optics for high light transmission, resulting in maximum image quality for surgery and documentation.

• Must be able to provide Integrated keratoscope ring that is activated via foot control panel or handgrips to provide visualization of corneal curvature without interrupting the surgery to adjust the equipment.

• Must be able to offer motorized slit Illuminator with slit widths of 0.05 mm/0.1 mm/2 mm/ 3 mm/4 mm

• Non-contact fundus Viewing system ZEISS RESIGHT The non-contact fundus viewing systems provide a clear, detailed visualization of the retina. Incorporate varioscope optics keep you focused on the retina, without moving the surgical microscope. The innovative lens turret equipped with two aspheric lenses 128D and 60D allow a quick switch to a second lens and magnification. If contact is accidently made with the patient eye, the system automatically folds

up. Because only sterile parts need to be changed, the optics can remain on the surgical microscope in preparation for the next patient. 2nd generation optics with clearly better overall optical quality and clearly better sharpness, depth and detail recognition especially for use with the 60D lens. When equipped with the Invertertube E and RESIGHT 700, activation of the RESIGHT automatically results in activation of the inverters and any affiliated user profile settings (light intensity, starting zoom and focus values, etc.) to automatically transition the microscope between a setup optimal for anterior segment viewing and one for posterior segment.

Surgical microscope Motorized zoom system with apochromatic lens, zoom ratio 1 : 6

Magnification factor = 0.4 x–2.4 x

Focusing: electric / motorized, focus range: 70 mm

Objective lens: f = 200 mm (optionally also f = 175 mm or f = 225 mm with support ring)

Binocular tube: Invertertube E (optionally also Invertertube, 180° swivel tube, f = 170 mm, inclined tube, f = 170 mm)

Wide-angle eyepiece 10 x (optionally also 12.5 x)

Light source SCI: Coaxial and full-field illumination (patent pending)

Fiber-optic illumination Superlux® Eye:

• Xenon short arc reflector lamp with HaMode filter

• Backup lamp in lamp housing, can be slid into position manually

LED fiber optic light source:

• Near-daylight color temperature

• 50,000 hour lifetime

• HaMode filter

• 25 % gray filter

For all light sources:

• Blue blocking filter

• Optional: Fluorescence filter

Slit lamp Slit widths: 0.2 mm, 2 mm, 3 mm, 4 mm

Slit height: 12 mm

XY coupling Travel range: max. 61 mm x 61 mm

Automatic centering at the touch of a button

Video monitor 22” LCD display

Resolution: 1,680 x 1,050

Stand Maximum permissible weight load of the spring arm:

When the surgical microscope is attached to the arm (without tube, eyepiece or objective lens) and the X Y coupling is also attached, a maximum of 9 kg of additional accessories can be attached to the spring arm

Required Individual Line Items & Quantity of Items

• (1each) Lumera 700 Anterior

• (1each) Ceiling Mount w/ Motorized lift arm

• (1each) Surface-mounted Standard Wall Panel

• (1each) Pre-installation kit for system installation new ceiling mount

• (1each) Cover pre-assembly set for ceiling mount

• (1each) Manual microscope tilt mechanism

• (1each) Xenon Superlux eye for stereo coaxial illumination system

• (1each) Fluorescence exciter filter 485 NM for main light source

• (1each) Ergonomic Wireless foot control panel with functions

• (1each) 6M cable for foot control panel

• (1each) Overhead display for the main surgeon

• (1each) Objective Lens F=175MM

• (1each) Inverttube E Electronically rotates inverted images into an upright position

• (1each) 2X Widefield Push-in eye pieces 10X

• (1each) Integrated Assistant Microscope with electrical zoom system

• (1each) Invertertube E for assistant electronically rotates images into an upright position

• (1each) 2X Widefield push-in eye pieces 10X for assistant

• (1each Integrated Data Injection system for Callisto eye

• (1each) Integrated Slit Illumination

• (1each) Integrated Keratoscope ring provides Intra-operative visualization of corneal curvitures

• (1each) Integrated Medilive Trio Eye HD camera

• (1each) External Mini HDD USB 1TB

• (1each) HD SDI Cable 10M

• (1each) Callisto Eye P2, SW 3.7.1

• (1each) Callisto Eye Software Assistance Markerless License Supporting

• (1each) Integrated Callisto eye on ceiling mount

• (1each) WLAN Stick (US Channel)

• (1each) Basic Set. 22MM Asepsis Caps. Resterilizable Handgrips

• (10each) 22MM Asepsis Caps, Pack of 6

• (3each) 12MM Asepsis Caps, Pack of 6

• (3each) Resterilizable Handgrips, Pack of 6

• (3each) Asepsis Caps for Pupillary Distance Adjustment

• (1each) Spare Lame Module Xenon Superlux Eye with one lamp for 500H Operational

• (1each) Cable Fixation Set

• All products should be ordered to arrive 60 Days ARO. Please include any shipping costs that are not included in the cost of the line items.

B.3 PRICE/COST SCHEDULE

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 EA __________________ __________________

LUMERA 700 ANTERIOR

PRINCIPAL NAICS CODE: 333314 - Optical Instrument and Lens Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

CEILING MOUNT WITH A MOTORIZED LIFT ARM TO ORIENT THE

SUSPENSION ARM HORIZONTALLY AND VERTICALLY

PRINCIPAL NAICS CODE: 333314 - Optical Instrument and Lens Manufacturing

SURFACE-MOUNTED STANDARD WALL PANEL PROVIDING ACCESS

TO SETTINGS FOR SURGICAL MICROSCOPE, STAND, ILLUMINATION

SYSTEM, HD CAMERA, HANDGRIPS AND FOOT CONTROL PANEL

PRINCIPAL NAICS CODE: 333314 - Optical Instrument and Lens Manufacturing

PRE-INSTALLATION KIT FOR SYSTEM INSTALLATION ON NEW

CEILING MOUNT

PRINCIPAL NAICS CODE: 333314 - Optical Instrument and Lens Manufacturing

COVER PRE-ASSEMBLY SET FOR CEILING MOUNT

PRINCIPAL NAICS CODE: 333314 - Optical Instrument and Lens Manufacturing

MANUAL MICROSCOPE TILT MECHANISM (+90? / -20?)

PRINCIPAL NAICS CODE: 333314 - Optical Instrument and Lens Manufacturing

XENON SUPERLUX EYE FOR STEREO COAXIAL ILLUMINATION (SCIr) SYSTEM WITH HaMODE FILTER AND RETINA PROTECTION FILTER PRINCIPAL NAICS CODE: 333314 - Optical Instrument and Lens Manufacturing

FLUORESCENCE EXCITER FILTER 485 NM FOR SUPERLUX EYE

XENON (MAIN LIGHTSOURCE). MAKES FLUORESCENT AREAS VISIBL

PRINCIPAL NAICS CODE: 333314 - Optical Instrument and Lens Manufacturing

ERGONOMIC WIRELESS FOOT CONTROL PANEL WITH 14 FUNCTIONS

PRINCIPAL NAICS CODE: 333314 - Optical Instrument and Lens Manufacturing

CABLE 6M FOR FOOT CONTROL PANEL (BACKUP FOR WIRELESS

VERSION)

PRINCIPAL NAICS CODE: 333314 - Optical Instrument and Lens Manufacturing

OVERHEAD DISPLAY FOR THE MAIN SURGEON PROVIDES

INFORMATION ON THE CURRENT SYSTEM SETTINGS (E.G. SCI

ILLUMINATION, PROFILE, RECORDING ON/OFF, FOCUS)

PRINCIPAL NAICS CODE: 333314 - Optical Instrument and Lens Manufacturing

OBJECTIVE LENS F=175MM

PRINCIPAL NAICS CODE: 333314 - Optical Instrument and Lens Manufacturing

INVERTERTUBE E ELECTRONICALLY ROTATES INVERTED IMAGES

INTO AN UPRIGHT POSITION WHEN WORKING WITH FUNDUS

VIEWING SYSTEM RESIGHT 700. INCLUDING A SET OF ASEPSIS CAPS

PRINCIPAL NAICS CODE: 333314 - Optical Instrument and Lens Manufacturing

2X WIDEFIELD PUSH-IN EYE PIECES 10X

PRINCIPAL NAICS CODE: 333314 - Optical Instrument and Lens Manufacturing

INTEGRATED ASSISTANT MICROSCOPE WITH ELECTRICAL ZOOM

SYSTEM

PRINCIPAL NAICS CODE: 333314 - Optical Instrument and Lens Manufacturing

INVERTERTUBE E FOR ASSISTANT ELECTRONICALLY ROTATES

INVERTED IMAGES INTO AN UPRIGHT POSITION WHEN WORKING

WITH FUNDUS VIEWING SYSTEM RESIGHT 700. SUPPORTED BY

ASSISTANT MICROSCOPE WITH ELECTRICAL ZOOM. INCLUDING A

SET OF ASEPSIS CAPS

PRINCIPAL NAICS CODE: 333314 - Optical Instrument and Lens Manufacturing

2X WIDEFIELD PUSH-IN EYE PIECES 10X FOR ASSISTANT

PRINCIPAL NAICS CODE: 333314 - Optical Instrument and Lens Manufacturing

INTEGRATED DATA INJECTION SYSTEM (IDIS) FOR CALLISTO EYE.

INFORMATION DISPLAYED IN THE EYEPIECE INCLUDES ASSISTANCE

FUNCTIONS, KEY MICROSCOPE SETTINGS, AND PHACO-MACHINE

PARAMETERS OF VISALIS 500 WITH CALLISTO EYE SW VERSION 3.6

OR HIGHER

PRINCIPAL NAICS CODE: 333314 - Optical Instrument and Lens Manufacturing

INTEGRATED SLIT ILLUMINATION

PRINCIPAL NAICS CODE: 333314 - Optical Instrument and Lens Manufacturing

INTEGRATED KERATOSCOPE RING PROVIDES INTRA-OPERATIVE

VISUALIZATION OF CORNEAL CURVATURES. WORKS TOGETHER

WITH CALLISTO EYE ASSISTANCE FUNCTION K TRACK FOR

ESTIMATION OF THE LOCAL CORNEAL CURVATURE

PRINCIPAL NAICS CODE: 333314 - Optical Instrument and Lens Manufacturing

INTEGRATED MEDILIVE TRIO EYE HD CAMERA

PRINCIPAL NAICS CODE: 333314 - Optical Instrument and Lens Manufacturing

EXTERNAL MINI HDD USB 1TB

PRINCIPAL NAICS CODE: 333314 - Optical Instrument and Lens Manufacturing

HD SDI CABLE 10M

PRINCIPAL NAICS CODE: 333314 - Optical Instrument and Lens Manufacturing

CALLISTO EYE P2, SW 3.7.1

PRINCIPAL NAICS CODE: 333314 - Optical Instrument and Lens Manufacturing

CALLISTO EYE SOFTWARE ASSISTANCE MARKERLESS LICENSE

SUPPORTING

PRINCIPAL NAICS CODE: 333314 - Optical Instrument and Lens Manufacturing

INTEGRATED CALLISTO EYE ON CEILING MOUNT

PRINCIPAL NAICS CODE: 333314 - Optical Instrument and Lens

WLAN STICK (US CHANNEL)

PRINCIPAL NAICS CODE: 333314 - Optical Instrument and Lens Manufacturing

BASIC SET INCLUDING: - 22MM ASEPSIS CAPS: 2 PACKS OF 6 -

RESTERILIZABLE HANDGRIPS: 1 PACK OF 6

PRINCIPAL NAICS CODE: 333314 - Optical Instrument and Lens Manufacturing

10.00 PG __________________ __________________

22 MM ASEPSIS CAPS, PACK OF 6

PRINCIPAL NAICS CODE: 333314 - Optical Instrument and Lens Manufacturing

3.00 PG __________________ __________________

12 MM ASEPSIS CAPS, PACK OF 6

PRINCIPAL NAICS CODE: 333314 - Optical Instrument and Lens Manufacturing

RESTERILIZABLE HANDGRIPS, PACK OF 6

PRINCIPAL NAICS CODE: 333314 - Optical Instrument and Lens Manufacturing

ASEPSIS CAPS FOR PUPILLARY DISTANCE ADJUSTMENT WITH 180?

TILTABLE TUBE, PACK OF 6

PRINCIPAL NAICS CODE: 333314 - Optical Instrument and Lens Manufacturing

SPARE LAMP MODULE XENON SUPERLUX EYE WITH ONE LAMP FOR

500H OPERATION INCL. BACKUP LAMP

PRINCIPAL NAICS CODE: 333314 - Optical Instrument and Lens

CABLE FIXATION SET

PRINCIPAL NAICS CODE: 333314 - Optical Instrument and Lens Manufacturing

GRAND TOTAL __________________

B.4 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY

DELIVERY

DATE

0001 SHIP TO: Iowa City VA Health Care Systems 601 Highway 6 West Iowa City, IA 52246 2208

USA

1.00 60 DAYS ARO

0002 SHIP TO: Iowa City VA Health Care Systems 601 Highway 6 West

0003 SHIP TO: Iowa City VA Health Care Systems 601 Highway 6 West

0004 SHIP TO: Iowa City VA Health Care Systems 601 Highway 6 West

0005 SHIP TO: Iowa City VA Health Care Systems 601 Highway 6 West

0006 SHIP TO: Iowa City VA Health Care Systems 601 Highway 6 West

0007 SHIP TO: Iowa City VA Health Care Systems

0008 SHIP TO: Iowa City VA Health Care Systems 601 Highway 6 West

0009 SHIP TO: Iowa City VA Health Care Systems 601 Highway 6 West

0010 SHIP TO: Iowa City VA Health Care Systems 601 Highway 6 West

0011 SHIP TO: Iowa City VA Health Care Systems 601 Highway 6 West

0012 SHIP TO: Iowa City VA Health Care Systems 601 Highway 6 West

0013 SHIP TO: Iowa City VA Health Care Systems 601 Highway 6 West

0014 SHIP TO: Iowa City VA Health Care Systems 601 Highway 6 West

0015 SHIP TO: Iowa City VA Health Care Systems 601 Highway 6 West

0016 SHIP TO: Iowa City VA Health Care Systems 601 Highway 6 West

0017 SHIP TO: Iowa City VA Health Care Systems 601 Highway 6 West

0018 SHIP TO: Iowa City VA Health Care Systems 601 Highway 6 West

0019 SHIP TO: Iowa City VA Health Care Systems 601 Highway 6 West

0020 SHIP TO: Iowa City VA Health Care Systems 601 Highway 6 West

0021 SHIP TO: Iowa City VA Health Care Systems 601 Highway 6 West

0022 SHIP TO: Iowa City VA Health Care Systems 601 Highway 6 West

0023 SHIP TO: Iowa City VA Health Care Systems

0024 SHIP TO: Iowa City VA Health Care Systems

0025 SHIP TO: Iowa City VA Health Care Systems 601 Highway 6 West

0026 SHIP TO: Iowa City VA Health Care Systems 601 Highway 6 West

0027 SHIP TO: Iowa City VA Health Care Systems 601 Highway 6 West

0028 SHIP TO: Iowa City VA Health Care Systems 601 Highway 6 West

0029 SHIP TO: Iowa City VA Health Care Systems 601 Highway 6 West

10.00 60 DAYS ARO

0030 SHIP TO: Iowa City VA Health Care Systems 601 Highway 6 West

3.00 60 DAYS ARO

0031 SHIP TO: Iowa City VA Health Care Systems 601 Highway 6 West

0032 SHIP TO: Iowa City VA Health Care Systems

0033 SHIP TO: Iowa City VA Health Care Systems 601 Highway 6 West

0034 SHIP TO: Iowa City VA Health Care Systems 601 Highway 6 West

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(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; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and

41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with

Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service

(TOS), or similar legal instrument or agreement, that includes any clause requiring the

Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

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

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

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

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

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

(End of Clause)

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

PRODUCTS AND COMMERCIAL SERVICES

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

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

C.2 52.252-2 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):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

FAR

Number

Title Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

JUN 2020

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON

POSTCONSUMER FIBER CONTENT PAPER

MAY 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

NOV 2021

C.3 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting

Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.]

[] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business

Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price

Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[X] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-

Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small

Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[X] 852.233–70, Protest Content/Alternative Dispute Resolution.

[X] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[X] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause)

C.4 VAAR 852.212-71 GRAY MARKET ITEMS (APR 2020)

(a) No gray market or remanufactured items will be acceptable. Gray market items are Original

Equipment Manufacturers’ (OEM) goods sold through unauthorized channels in direct competition with authorized distributors. This procurement is for new OEM medical equipment only for VA medical facilities.

(b) 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.5 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—

MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes VAAR 852.219-10 VA Notice of Total Service-Disabled Veteran-

Owned Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an

“Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause)

C.6 VAAR 852.219-78 VA NOTICE OF LIMITATIONS ON

SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND

PRODUCTS (SEP 2021) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(k)(2), the offeror certifies that—

(1) If awarded a contract (see F(a)FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

[Offeror check the appropriate box]

(i) [ ] In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in

852.219-11. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(ii) [ ] In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13

CFR 121.406(b)(5) is granted. The offeror understands that, as provided in 13 CFR

121.406(b)(7), such a waiver has no effect on requirements external to the Small Business Act, such as the Buy American Act or the Trade Agreements Act.

(2) Manufacturer or nonmanufacturer representation and certification. [Offeror fill-in—check each applicable box below. The offeror must select the applicable provision below, identifying itself as either a manufacturer or nonmanufacturer]:

(i) [ ] Manufacturer or producer. The offeror certifies that it is the manufacturer or producer of the end item being procured, and the end item is manufactured or produced in the United

States, in accordance with paragraph (a)(1)(i).

(ii) [ ] Nonmanufacturer. The offeror certifies that it qualifies as a nonmanufacturer in accordance with the requirements of 13 CFR 121.406(b) and paragraph (a)(1)(ii). The offeror further certifies it meets each element below as required to qualify as a nonmanufacturer.

[Offeror fill-in—check each box below.]

[ ] The offeror certifies that it does not exceed 500 employees (or 150 employees for the

Information Technology Value Added Reseller exception to NAICS code 541519, which is found at 13 CFR 121.201, footnote 18).

[ ] The offeror certifies that it is primarily engaged in the retail or wholesale trade and normally sells the type of item being supplied.

[ ] 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.

(iii) [ ] The offeror certifies that it will supply the end item of a small business manufacturer, processor, or producer made in the United States, unless a waiver as provided in 13 CFR

121.406(b)(5) has been issued by SBA. [Contracting Officer fill-in or removal (see 13 CFR

121.1205). This requirement must be included for a single end item. However, if SBA has issued an applicable waiver of the nonmanufacturer rule for the end item, this requirement must be removed in the final solicitation or contract.] or [Contracting Officer tailor clause to remove one or other block under subparagraph (iii).]

[ ] If this is a multiple item acquisition, the offeror certifies that at least 50% of the estimated contract value is composed of items that are manufactured by small business concerns.

[Contracting Officer fill-in or removal. See 13 CFR 121.406(d) for multiple end items. If SBA has issued an applicable nonmanufacturer rule waiver, this requirement must be removed in the final solicitation or contract.]

(3) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(4) If VA determines that an SDVOSB/VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and

(iii) Prosecution for violating section 1001 of title 18.

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract or to determine whether the offeror qualifies as a manufacturer or nonmanufacturer in compliance with the limitations on subcontracting requirement. Contracting

Officer may, at their discretion, require the Contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the Contracting Officer.

Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed, and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification:

I hereby certify that if awarded the contract, [insert name of offeror] qualifies as a manufacturer or nonmanufacturer as stated herein and that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting requirement specified in the resultant contract, unless a waiver as described in 13 CFR 121.406(b)(5) is granted. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].

Printed Name of Signee:________________________________________

Printed Title of Signee:_________________________________________

Signature:___________________________________________________

Date:_____________________

Company Name and Address: ________________________________________

(End of Clause)

C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT

REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract…