36C26322Q0442.pdf
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- 6350--Facility Cameras Federal contract opportunity
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PAGE 1 OF 1. REQUISITION NO.
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL
TIME
9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS:
SIZE STANDARD:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ IFB RFP
15. DELIVER TO CODE 16. ADMINISTERED BY CODE
17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE
TELEPHONE NO. DUNS: DUNS+4:
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
437-22-1-6775-0003
36C26322Q0442 05-12-2022
Shavokie Gibson 319.688.3617 05-20-2022
12pm CDT
Department of Veterans Affairs
NETWORK 23 CONTRACTING OFFICE
1303 5th St, Suite 300
Coralville IA 52241
X 100
X
334290
750 Employees
N/A
Fargo VA Health Care System
2101 Elm Street
Fargo ND 58102
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
FACILITIY CAMERAS
SEE SECTION B.2 FOR DETAILS
THIS SOLICITATION IS BEING CONDUCTED BY THE VISN 23
CONTRACTING OFFICE
THIS SOLICITATION IS
LOWEST PRICE TECHNICALLY ACCEPTABLE(LPTA)
THIS IS A "BRAND NAME OR EQUAL (BNOE)" SOLICITATION
FAILURE TO DEMOSTRATE THIS MAY RESULT IN THE OFFER BEING
FOUND NONRESPONSIVE
THIS SOLICITATION IS A SMALL BUSINESS 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
See CONTINUATION Page
437-3620162-6775-822400-3151-437-XXXX-010034175
X X
X 1
Harry Grambo III
36C26322Q0442
Table of Contents
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
B.2 STATEMENT OF WORK
B.3 PRICE/COST SCHEDULE
B.3 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 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND
COMPLIANCE (JUL 2018)
C.5 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND
COMPLIANCE (JUL 2018)
C.6 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 22
C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (JAN 2022)
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 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS
AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB
1998)
E.4 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES (JAN 1999)
E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—
COMMERCIAL ITEMS (FEB 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.
Department of Veterans Affairs
FMS-VA-2(101)
Financial Services Center PO Box 149971 Austin TX 78714-9971
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
AMENDMENT NO DATE
B.2 STATEMENT OF WORK
BACKGROUND
The Fargo VA Health Care Systems is needing to purchase replacement cameras and associated equipment to replace outdated and nonrepairable system for areas in the
Fargo VA Medical Center. A total of 48 cameras and video recorder must be compatible with the facilities existing surveillance system. The Vendor shall be responsible for a turn-key procurement that involves configuration, labor, removal, and installation of equipment, required cabling, setup programming and any training.
SCOPE
This requirement is for the procurement, installation, and certification of facility cameras and equipment. The new cameras and equipment must work with the existing Motorola Avigilon Camera system and software. Below are the quantities and examples of equipment to procure.
BENCHMARK PRODUCT DESCRIPTION AND QUANTITIES (Brand Name or Equal to):
Line
Item Part Number Description Qty, 0001 NVR4X-STD-48TB-NA NVR4X Standard 48TB 2U Rack Mn 1
0002 4.0C-H5A-D1-IR 4MP H5A Indoor IR Dome Camera 38
15C-H4A-3MH-270 3x 5MP H4 Multisensor Camera M 7
4.0C-H5A-DO1-IR
4MP H5A Outdoor IR Dome Camera 3
0005 S24P-382W-NA PoE Switch; 24 Port; NA 8
ACC7-ENT
ACC 7 Enterprise camera channel 48
IRPTZ-MNT-WALL1*
Wall Arm for H4 IRPTZ or H4 Mu 7
H4AMH-DO-COVR1
Outdoor Dome Cover for H4 Mult 7
0009 H4AMH-AD-PEND1 Pendant Mount Adapter for H4 M 7
0010 H4-MT-CRNR1 Avigilon Corner Mount Adapter 7
POE-INJ2-PLUS-NA
POE+ Injector; NA 7
5502-731 Patch Cable-Exterior 7
RD-005F Quabbin-RD-005 Patch Cables 41
0014 DPIM INSTALLATION MATERIALS 1
0015 DPSUB SUBCONTRACTING LABOR 1
0016 DSGN LAB DESIGN LABOR 16
0017 CAD LAB CAD LABOR 16
0018 TECH LAB TECHNICAL SERVICE 16
0019 COMM LAB COMMISSIONING LABOR 160
PERIOD OF PERFORMANCE
90 Days After Receipt of Order (ARO), this time frame includes the installation. Work hours will be from 7:30 pm to 5:00 am. M-F.
SALIENT CHARACTERISTICS
1. Must be compatible with existing IP security cameras used in facility areas.
2. Must have the invisible Infra-Red (IR) LED Light. No visible glow to generate attention.
3. Must provide clear image detail in areas with low lighting because some of the rooms which will have cameras installed in them do not have adequate lighting
4. Must provide unusual activity detection – notifies viewer of unusual speed/location of people.
5. Must have a wide screed range for both bright and dark areas.
6. Does not require a separate encoder purchase for analog cameras.
7. Must have a variety of viewing capabilities, allowing users to view live video, view the security system using a mapping interface and view video on alarm events.
8. Must have a remote client configuration capability.
9. Must have access to the security system from multiple client platforms Web Browser and via Windows clients.
10. Must have a Dynamic Resolution Scaling.
11. Cameras must be preloaded with their proprietary software that is compatible with
Network Video Records running Avigilon Control Center.
12. Vendor shall provide complete manufacturer’s product specifications
13. Vendor shall provide warranty
14. Vendor shall provide new products; refurbished products will not be accepted.
15. Must be compatible with CCure 9000 software
SPECIFIC TASKS
1. Contractor shall conduct site preparation to include but not limited to; set up barriers for any breach of walls and ceiling barriers at any location where dust generation activities may occur due to installation of security cameras.
2. Contractor to supply complete set of CAD Drawings and well as build drawing on the project.
3. Contractor shall perform any configurations to the system, if necessary, to ensure the camera functions as intended.
4. All spaces and rooms being worked in will be clean and empty when work is completed for the day. Ceiling or wall penetrations must be covered in an approved sterile manner prior to work being completed for the day. Cameras will have to be attached to wall/ and or Ceiling, but no construction work will be performed under this requirement.
5. Contractor shall implement and maintain infection control measures for the duration of the project including site construction barriers, negative pressure measures.
Construction barriers shall be in accordance with VASDHS Infection Control Risk
Assessment.
6. Upon completion of work, Contractor shall leave the work site in a clean and orderly condition.
7. The contractor shall follow the facility guidelines for all work performed.
SAFETY
1. Contractors shall comply with all applicable federal, state, and local requirements regarding workers’ health and safety. The requirements include, but are not limited to, those found in federal and state Occupational Safety and Health Act (OSHA) statutes and regulations.
2. In the performance of this contract, the contractor shall take such safety precautions as necessary while operation in construction area. Vendor shall provide all necessary
3. tools, equipment, labels, and Personal Protective Equipment to perform the work safety, effectively, and timely.
4. Contractor shall be licensed, qualified, and certified to meet all EPA regulations under
National Emission Standards for Hazardous Air pollutants-NESHAPS and all applicable federal, state, and local regulations. Above certifications must be provided to VA POC.
INSTALLATION
1. Installation includes cable installation, cable management, connection of cameras to required power, connection to identified switch, cameras firmware upgrades, and IP configuration.
2. All cables will need to meter tested for integrity.
3. Repeaters shall be added for any camera runs which are over 300 feet
4. All existing equipment that has been identified for removal will be returned to the VA
5. The security system shall be installed and tested to ensure all components are fully compatible as a system and can be integrated with all associated security subsystems.
6. Wires and cables installed will be carried in an existing enclosed conduit system. All conduits will be sized and installed per the National Electrical Code (NEC). All conduit, pull boxes, and junction boxes shall be clearly marked with colored permanent tape of paint that will allow it to be distinguished from all other conduit and infrastructure. At all locations where there is a wall penetration or core drilling is conducted to allow for conduit to be installed, fire stopping materials shall be applied to that area.
7. Fiber optic cable will be used from the Server room to the closets for switches.
8. Installation must be in accordance with manufacturer specification, applicable VA
Technical Information Library (TIL) guidelines, and any system configuration necessary for operation. Equipment to be installed includes a variety of IP security surveillance cameras, PoE Injector, cat 6a cable, patch panels, and panel managers.
9. All additional equipment, necessary labor, supervision, and material required to complete the project will be the responsibility of the contractor to procure.
10. Contractor shall install all devices, cables, and system accessories in accordance with the manufacturer’s specifications.
11. The security system shall be installed and tested to ensure all components are fully compatible as a system and can be integrated with all associated security subsystems.
12. Contractor shall provide all tools and equipment necessary for installation.
13. Ceiling Mounts:
14. This enclosure and mount shall be installed in a finished or suspended ceiling.
15. The enclosure and mount shall be fastened to the finished ceiling and shall not depend on the ceiling tile grid for complete support.
16. Suspended ceiling mounts shall be low profile and shall be suitable for replacement ceiling tiles.
17. Wires and cables installed will be carried in enclosed conduit system. All conduits will be sized and installed per the National Electrical Code (NEC). All conduit, pull boxes, and junction boxes shall be clearly marked with colored permanent tape of paint that will allow it to be distinguished from all other conduit and infrastructure.
18. At all locations where there is a wall penetration or core drilling is conducted to allow for conduit to be installed, fire stopping materials shall be applied to that area.
WARRANTY
1. Vendor shall provide standard warranty for all products.
2. Vendor shall provide standard warranty for the installation.
ADDITIONAL INFORMATION
1. The vendor will be responsible to deliver the materials 60 DAYS ARO. Materials of all pieces to which make the equipment fully functional, including all accessories must be present upon delivery.
Contacts:
Raymond Nelson
Area Manager, D3 MW, T1, 437 Development, Security, and Operations
701-451-7814 raymond.nelson2@va.gov
Jennifer Ernst
Deputy Chief Supply Chain Officer
701-239-3700 ext. 3337
Jennifer.ernst@va.gov
Stu Eidenschink
Chief Supply Chain Officer
701-239-3700 ext. 3347
Stuard.Eidenschink@va.gov
2. At the competition of the project the Vendor shall provide the IT supervisor with:
i. All service-related documentation (etc. Manuals, CD’s)
ii. URL’s for service ticket review.
iii. Contact Phone Numbers for service requests.
iv. Information on Submitting Service tickets.
3. All items to be shipped F.O.B. destination. Shipping shall be included in the product price and shall not be billed separately.
4. All shipping, packaging, equipment material will be cleaned and disposed of by vendor.
5. Any extra or unneeded equipment will be returned to vendor and refund will be warrant to the Fargo VA Health Care System.
6. No tools during deinstallation or installation will be supplied/provided by the VA.
7. The warranty period shall not go into full effect until the completion of the turnkey project and written acceptance by the Fargo VHAMC.
8. Onsite training shall also be completed before the warranty period begins.
mailto:Jennifer.ernst@va.gov mailto:Stuard.Eidenschink@va.gov
B.3 PRICE/COST SCHEDULE
ITEM
NUMBER
DESCRIPTION OF
SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
1.00 EA __________________ __________________
NVR4X Standard 48TB 2U Rack Mn
38.00 EA __________________ __________________
4MP H5A Indoor IR Dome Camera
7.00 EA __________________ __________________
3x 5MP H4 Multisensor Camera M
3.00 EA __________________ __________________
4MP H5A Outdoor IR Dome Camera
8.00 EA __________________ __________________
PoE Switch; 24 Port; NA
48.00 EA __________________ __________________
ACC 7 Enterprise camera channel
Wall Arm for H4 IRPTZ or H4 Mu
Outdoor Dome Cover for H4 Mult
Pendant Mount Adapter for H4 M
5.00 EA __________________ __________________
Avigilon Corner Mount Adapter
13.00 EA __________________ __________________
Indoor POE Injector, 95W
Patch Cable-Exterior
41.00 EA __________________ __________________
Quabbin-RD-005 Patch Cables
1.00 JB __________________ __________________
INSTALLATION MATERIALS
1.00 JB __________________ __________________
SUBCONTRACTING LABOR
40.00 JB __________________ __________________
DESIGN LABOR
32.00 JB __________________ __________________
CAD LABOR
40.00 JB __________________ __________________
TECHNICAL SERVICE
150.00 JB __________________ __________________
COMMISSIONING LABOR
GRAND TOTAL __________________
B.3 DELIVERY SCHEDULE
ITEM NUMBER QUANTITY
DELIVERY
DATE
0001 SHIP TO: Fargo VA Health Care System 2101 Elm Street Fargo, ND 58102
USA
1.00 60 DAYS ARO
0002 SHIP TO: Fargo VA Health Care System 2101 Elm Street
38.00 60 DAYS ARO
0003 SHIP TO: Fargo VA Health Care System 2101 Elm Street
7.00 60 DAYS ARO
0004 SHIP TO: Fargo VA Health Care System 2101 Elm Street
3.00 60 DAYS ARO
0005 SHIP TO: Fargo VA Health Care System 2101 Elm Street
8.00 60 DAYS ARO
0006 SHIP TO: Fargo VA Health Care System 2101 Elm Street
48.00 60 DAYS ARO
0007 SHIP TO: Fargo VA Health Care System 2101 Elm Street
0008 SHIP TO: Fargo VA Health Care System
0009 SHIP TO: Fargo VA Health Care System 2101 Elm Street
0010 SHIP TO: Fargo VA Health Care System 2101 Elm Street
5.00 60 DAYS ARO
0011 SHIP TO: Fargo VA Health Care System 2101 Elm Street
13.00 60 DAYS ARO
0012 SHIP TO: Fargo VA Health Care System 2101 Elm Street
0013 SHIP TO: Fargo VA Health Care System 2101 Elm Street
41.00 60 DAYS ARO
0014 SHIP TO: Fargo VA Health Care System 2101 Elm Street
0015 SHIP TO: Fargo VA Health Care System 2101 Elm Street
0016 SHIP TO: Fargo VA Health Care System 2101 Elm Street
40.00 60 DAYS ARO
0017 SHIP TO: Fargo VA Health Care System 2101 Elm Street
32.00 60 DAYS ARO
0018 SHIP TO: Fargo VA Health Care System 2101 Elm Street
40.00 60 DAYS ARO
0019 SHIP TO: Fargo VA Health Care System
150.00 60 DAYS ARO
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
52.204-13 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.
[X] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business
Evaluation Factors.
[X] 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.
[] 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.
[] 852.233–70, Protest Content/Alternative Dispute Resolution.
[] 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.
[X] 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 852.219-74 LIMITATIONS ON SUBCONTRACTING—
MONITORING AND COMPLIANCE (JUL 2018)
(a) This solicitation includes .
(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.5 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING
AND COMPLIANCE (JUL 2018)
(a) This solicitation includes the clause: 852.215-70 Service-disabled veteran-owned and veteran-owned small business evaluation factors. Accordingly, any contract resulting from this solicitation will include the clause 852.215-71 Evaluation factor commitments.
(b) The Contractor is advised that in performing contract administration functions, the
Contracting Officer may use the services of a support contractor(s) to assist in assessing
Contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the Contractor's business records or other proprietary data to review such business records regarding contract 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 compliance with the subcontracting commitments.
(End of Clause)
C.6 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT
2020)
The Contracting Officer reserves the right to designate an Administrative Contracting Officer
(ACO) for the purpose of performing certain tasks/duties in the administration of the contract.
Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.
(End of Addendum to 52.212-4)
C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO
IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES (JAN 2022)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or
Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or
Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further
Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or
Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L.
115–91).
(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video
Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).
(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting
Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with
Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).
[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C.
3509).
[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment
Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the
American Recovery and Reinvestment Act of 2009.)
[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards
(JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).
[] (5) [Reserved]
[] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).
[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts
(OCT 2016) (Pub. L. 111–117, section 743 of Div. C).
[X] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with
Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).
[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters
(Oct 2018) (41 U.S.C. 2313).
[] (10) [Reserved]
[] (11) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15
U.S.C. 657a).
[] (12) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business
Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
[] (13) [Reserved]
[X] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).
[] (ii) Alternate I (MAR 2020) of 52.219-6.
[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).
[] (ii) Alternate I (MAR 2020) of 52.219-7.
[] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and
(3)).
[] (17)(i) 52.219–9, Small Business Subcontracting Plan (NOV 2021) (15 U.S.C. 637(d)(4)).
[] (ii) Alternate I (NOV 2016) of 52.219-9.
[] (iii) Alternate II (NOV 2016) of 52.219-9.
[] (iv) Alternate III (JUN 2020) of 52.219–9.
[] (v) Alternate IV (SEP 2021) of 52.219–9.
[] (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).
[] (ii) Alternate I (MAR 2020) of 52.219-13.
[] (19) 52.219–14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 657s).
[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C.
637(d)(4)(F)(i)).
[] (21) 52.219–27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside
(SEP 2021) (15 U.S.C. 657f).
[X] (22) (i) 52.219–28, Post-Award Small Business Program Rerepresentation (SEP 2021)
(15 U.S.C. 632(a)(2)).
[] (ii) Alternate I (MAR 2020) of 52.219–28.
[] (23) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically
Disadvantaged Women-Owned Small Business Concerns (SEP 2021) (15 U.S.C. 637(m)).
[] (24) 52.219–30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small
Business Concerns Eligible Under the Women-Owned Small Business Program (SEP 2021) (15
U.S.C. 637(m)).
[] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15
U.S.C. 644(r)).
[] (26) l(26) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).
[] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
[X] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2022)
(E.O. 13126).
[X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
[X] (30)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).
[] (ii) Alternate I (FEB 1999) of 52.222-26.
[X] (31)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
[] (ii) Alternate I (JULY 2014) of 52.222-35.
[X] (32)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.
793).
[] (ii) Alternate I (JULY 2014) of 52.222-36.
[X] (33) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
[] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act
(DEC 2010) (E.O. 13496).
[X] (35)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).
[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
[] (36) 52.222-54, Employment Eligibility Verification (NOV 2021). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
[] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-
Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential
Hydrofluorocarbons (JUN 2016) (E.O. 13693).
[] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and
Air Conditioners (JUN 2016) (E.O. 13693).
[] (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014)
(E.O.s 13423 and 13514).
[] (ii) Alternate I (OCT 2015) of 52.223-13.
[] (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).
[] (ii) Alternate I (JUN 2014) of 52.223-14.
[] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C.
8259b).
[] (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT
2015) (E.O.s 13423 and 13514).
[] (ii) Alternate I (JUN 2014) of 52.223-16.
[X] (44) 52.223–18, Encouraging Contractor Policies to Ban Text Messaging While Driving
(JUN 2020) (E.O. 13513).
[] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).
[] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).
[] (47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
[] (ii) Alternate I (JAN 2017) of 52.224-3.
[] (48) 52.225-1, Buy American—Supplies (NOV 2021) (41 U.S.C. chapter 83).
[X] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (NOV 2021)
(41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19
U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-
283, 110-138, 112-41, 112-42, and 112-43.
[] (ii) Alternate I (JAN 2021) of 52.225-3.
[] (iii) Alternate II (JAN 2021) of 52.225-3.
[] (iv) Alternate III (JAN…
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