36C26323Q1230.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

568-23-15984-0001

36C26323Q1230 09-20-2023

David Malm 701-239-3700 ext 4596 09-25-2023

12:00 PM CDT

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

1303 5th St, Suite 300

Coralville IA 52241

X

Y

333310

1000 Employees

N/A

X

DEPARTMENT OF VETERANS AFFAIRS

Fargo VA Health Care System (HCS)

2101 North Elm Street

Fargo, ND 58102

04-S

DEPARTMENT OF VETERANS AFFAIRS

NETWORK 23 CONTRACTING OFFICE

1303 5th St, STE 300

CORALVILLE IA 52241

Y

DEPARTMENT OF VETERANS AFFAIRS

FINANCIAL SERVICES CENTER

FMS-VA-2 (101)

P.O. BOX 149971

AUSTIN TX 78714-9971

877-353-9791 512-460-5540

X

See CONTINUATION Page

Tray-line Table and Accessories - Brand Name or Equal

(BNOE) to Burlodge

--See Section B.2 for Details.

This solicitation is being conducted by the VISN 23

Contracting Office for the Black Hills VA Health Care

System (HCS).

This solicitation is Lowest Price Technically Acceptable

(LPTA).

This solicitation is Unrestricted

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.

Failure to submit all documents by the due date in Block 8 maybe found not technically acceptable.

See CONTINUATION Page

568-3630160-5984-820100-3131-568-A3XXXX-010034175

X X

Shavokie Gibson

Contracting Officer

36C26323Q1230

Table of Contents

SECTION A

A.3 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 FUNCTIONAL/PERFORMANCE/SPECIFICATION

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

B.4 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (DEC 2022)

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

C.3 52.225-1 BUY AMERICAN—SUPPLIES (OCT 2022)

C.4 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.5 VAAR 852.211-70 EQUIPMENT OPERATION AND MAINTENANCE MANUALS

(NOV 2018)

C.6 VAAR 852.212-71 GRAY MARKET ITEMS (APR 2020)

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

2018)

C89 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) .. 25

C.9 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

C.10 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

C.11 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAR 2023)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAR 2023)

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 52.225-2 BUY AMERICAN CERTIFICATE (OCT 2022)

E.5 EVALUATION-COMMERICAL PRODUCTS AND COMMERCIAL SERVICES (NOV

2021)

E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: TBD

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] AFTER RECEIPT, 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 FUNCTIONAL/PERFORMANCE/SPECIFICATION

Overview:

The Black Hills VA Healthcare System (HCS) located in Fort Meade and Hot Springs, SD has a requirement for a Kitchen Tray Line Table that is Brand Name or Equal (BNOE) to Burlodge. All the specifications, part numbers and salient characteristics required are listed below.

Specifications:

All items listed below must be of the same brand due to components must work as a system.

NOTE - THIS IS A BRAND NAME OR EQUAL TO SOLICITATION – Manufacturer make and model listed below are for reference purposes only. Offerors may propose alternate items aimed at achieving the objectives described above. Vendors are not restricted to matching the below items directly.

Required Individual Line Items & Quantity of Items that are Brand Name or Equal (BNOE) to Burlodge:

Hot Springs to include removal and disposal of current tray line.

Required Individual Line Items & Quantity of Items

1 ea. B Lean Shelves with Divider Bars (B2-FSGS-M-1820-4) or equivalent:

a) B2-FSGS-M-1820-4 Gravity Shelf Cart – 18 inch wide shelf

b) B2-FSGS-M-2620-4 Gravity Shelf – 26 inch side shelf

c) B2-SSD-22-11G Divider Bars for Gravity Shelves

d) B2-AF-REV2 Anti-Falling Device – 1” wide for Gravity Shelves

e) B2-CBD Storage Box for Divider Bars & Anti-Falling Device

1 ea. Tray Table, Long Version, Fixed Shelf Underneath and no slope (B2-ST-M-2360) or equivalent

2 ea. Accessory, Basket Riser for Large and Small Teflon Tables (B2-STBR) or equivalent

1 ea. Gravity Shelf Accessories, BL QSB 101R or equivalent (Hot Springs)

a) BL QSB 101R Small Bins 12 ea.

b) BL DSB 101PC Dividers for Small Bin (2 ea. Bin) 24 ea.

1 ea. Tray Dispenser, BTRC-M-1323-P or equivalent

1 ea. BCOOL LEAN, B-COOL, BC3 RH GD HC BCOOL LEAN, BC 2015 TRAY B1 Tray (18”x26”) or equivalent

1 ea. Hot Well, BHFS-M-4, 4 well hot server, over shelf heater & 6” dropdown work shelf or equivalent (

1 ea. Training and Implementation

1 ea. Removal & Disposal of current tray line. B-lean tray line to be assembled and set in place

1 ea. B Lean Shelves with Divider Bars (10630-220304) or equivalent (Fort Meade):

a) B2-FSGS-M-1820-4 Gravity Shelf Cart – 18 inch wide shelf

b) B2-FSGS-M-2620-4 Gravity Shelf – 26 inch side shelf

c) B2-SSD-22-11G Divider Bars for Gravity Shelves

d) B2-AF-REV2 Anti-Falling Device – 1” wide for Gravity Shelves

e) B2-CBD Storage Box for Divider Bars & Anti-Falling Device

1 ea. Tray Table, Long Version, Fixed Shelf Underneath and no slope (B2-ST-M-2360)

2 ea. Accessory, Basket Riser for Large and Small Teflon Tables (B2-STBR) or equivalent

1 ea. Gravity Shelf Accessories GRAVITY SHELF or equivalent

a) BL QSB 107B Large Bin

b) BL DSB 107PC Dividers for Large Bin, 3 ea. Bin

c) BL DSB 101R Small Bins

d) BL DSB 101PC Dividers for Small Bin 2 ea. Bin

2 ea. Tray Dispenser, BTRC-M-1520-P, Mobile Tray Dispenser 15” x 30” Trays or equivalent

1 ea. BCOOL LEAN, B-COOL, BC3 RH GD HC BCOOL LEAN, BC 2015 TRAY B1 Tray (18”x26”) or equivalent

1 ea. Hot Well, BHFS-M-5, 5 well hot server, over shelf heater & 6” dropdown work shelf

1 ea. Training and Implementation

Offers of “equal” products - Offeror must clearly indicate in its offer that the product being offered is an “equal” product. The “equal” product must have the same physical, functional, or performance characteristics as the items referenced above.

Please provide technical specification if offering an equal product.

New Equipment ONLY; NO remanufactured or "gray market" items.

The required delivery is 90 days ARO, FOB Destination, to the

Department of Veterans Affairs Black Hills VA VA Health Care System (HCS) Fort Mead Campus

113 Comanche Road

Fort Meade, SD 57741 and

Department of Veterans Affairs Black Hills VA VA Health Care System (HCS) Hot Springs Campus

500 North 5th Street

Hot Springs, SD 57747

Responses shall be on an all or none basis, no partial submission.

This is solicitation is unrestricted

The Government reserves the right to make no award at all.

Please submit information to David Malm at david.malm@va.gov

All responses must be received by Monday 09/25/2023 NLT 12:00pm CST

Delivery and Installation

1. The vendor will be responsible to deliver the materials 90 days ARO

Training

The OEM (Original Equipment Manufacturer) will provide all service manuals, schematics, diagrams, diagnostic software, other special tools, and hardware keys equivalent to what their field service representatives have available to diagnose, troubleshoot, repair, and maintain the equipment.

All items to be shipped F.O.B. destination. Shipping shall be included in the product price and shall not be billed separately.

No tools during deinstallation or installation will be supplied/provided by the VA.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 EA __________ ________

Gravity Shelf Cart – Brand Name or Equal to (BNOE) to B-

LEAN Burlodge USA Inc. Model No. B2-FSGS-M-1820 4

Gravity Shelf Cart - 18 inch wide shelf B2-FSGS-M-2620-4

Gravity Shelf - 26 inch wide shelf B2-SSD-22-11G Divider Bars for Gravity Shelves above B2-AF-REV2 Anti-Falling Device - 1" wide for Gravity Shelves above B2-CBD Storage Box for Divider

Bars & Anti-Falling Device

PRINCIPAL NAICS CODE: 333310 - Commercial and Service

Industry Machinery Manufacturing

PRODUCT/SERVICE CODE: 7310 - Food Cooking, Baking, and Serving Equipment mailto:david.malm@va.gov

MANUFACTURER PART NUMBER (MPN): TBD

LOCAL STOCK NUMBER: TBD

1.00 EA _______ ________

Tray Table - Brand Name or Equal (BNOE) to Burlodge USA

Inc. Model No. B2-ST-M-2360 Tray Table - Long Version Fixed

Shelf Underneath (no slope)

PRINCIPAL NAICS CODE: 333310 - Commercial and Service

Industry Machinery Manufacturing

PRODUCT/SERVICE CODE: 7310 - Food Cooking, Baking, and Serving Equipment

2.00 EA _________ _________

Basket Riser - Brand Name or Equal (BNOE) to ACCESSORY

Burlodge USA Inc. Model No. B2-STBR Basket Riser for Large and Small Teflon Tables

PRODUCT/SERVICE CODE: 7310 - Food Cooking, Baking, and Serving Equipment

1.00 EA ________ ________

Gravity Shelf Accessories - Brand Name or Equal to GRAVITY

SHELF ACCESSORIES Burlodge USA Inc. Model No. BL QSB

101R BL QSB 101R Small Bins (12 ea)

PRODUCT/SERVICE CODE: 7310 - Food Cooking, Baking, and Serving Equipment

1.00 EA _________ __________

TRAY DISPENSER - Brand Name or Equal to Burlodge USA

Inc. Model No. BTRC-M-1323-P Mobile Tray Dispenser for 1323

Trays - Projected Tray Placement

PRODUCT/SERVICE CODE: 7310 - Food Cooking, Baking, and Serving Equipment

1.00 EA _________ __________

BCOOL LEAN- Brand Name or Equal (BNOE) to Burlodge USA

Inc. Model No. B-COOL BC3 RH GD HC BCOOL LEAN

Stainless Front & Glass Rear Doors BC 2015 TRAYB1 BCool

Lean Additional Slotted Fiberglass

Tray (18"x26")

PRINCIPAL NAICS CODE: 333310 - Commercial and Service

Industry Machinery Manufacturing

PRODUCT/SERVICE CODE: 7310 - Food Cooking, Baking, and Serving Equipment

1.00 EA __________ __________

HOT WELL – Brand Name or Equal (BNOE) to Burlodge USA

Inc. Model No. BHFS-M-4 Four Well Hot Food Server w/single overshelf, overshelf heater & 6" dropdown work shelf

PRINCIPAL NAICS CODE: 333310 - Commercial and Service

Industry Machinery Manufacturing

PRODUCT/SERVICE CODE: 7310 - Food Cooking, Baking, and Serving Equipment

HS TRAINING & IMPLEMENTATION

PRINCIPAL NAICS CODE: 333310 - Commercial and Service

Industry Machinery Manufacturing

1.00 EA ________ __________

REMOVAL AND DISPOSAL Vendor will disassemble existing

Avtec tray Trac . Will dispose of the existing tray trac. Will uncrate and assemble new tray line. Will set new tray line in place. VAMC to provide new electrical services for new tray-line

PRINCIPAL NAICS CODE: 333310 - Commercial and Service

Industry Machinery Manufacturing

PRODUCT/SERVICE CODE: 7310 - Food Cooking, Baking, and Serving Equipment

1.00 EA ________ ________

Gravity Shelf Cart – Brand Name or Equal (BNOE) to

BLEAN Burlodge USA Inc. Model No. 10630-220304 B2

FSGS-M-1820-4 Gravity Shelf Cart - 18 inch wide shelf

B2-FSGS-M-2620-4 Gravity Shelf - 26 inch wide shelf B2

SSD-22-11G Divider Bars for Gravity Shelves above B2

AF-REV2 Anti-Falling Device - 1" wide for Gravity

Shelves above B2-CBD Storage Box for Divider Bars &

Anti-Falling Device

PRODUCT/SERVICE CODE: 7310 - Food Cooking, Baking, and Serving Equipment

1.00 EA _________ _________

TRAY TABLE – Brand Name or Equal (BNOE) to Burlodge USA

Inc. Model No. B2-ST-M-2360 Tray Table - Long Version Fixed

Shelf Underneath (no slope)

2.00 EA ________ _________

ACCESSORIES - Brand Name or Equal (BNOE) Burlodge USA

Inc. Model No. B2-STBR Basket Riser for Large and Small

Teflon Tables

PRODUCT/SERVICE CODE: 7310 - Food Cooking, Baking, and Serving Equipment

1.00 EA _________ ________

ACCESSORIES -Brand Name or Equal (BNOE) to Burlodge

USA Inc. Model No. GRAVITY SHELF BL QSB 107B Large Bin

BL DSB 107PC Dividers for Large Bin (suggest 3 Each Bin) BL

QSB 101R Small Bins BL DSB 101PC Dividers for Small Bin

(suggest 2 Each Bin)

2.00 EA __________ _________

TRAY DISPENSER - Brand Name or Equal (BNOE) to Burlodge

USA Inc. Model No. BTRC-M-1520-P Mobile Adjustable Tray

Dispenser for 15" X 30" Trays

PRODUCT/SERVICE CODE: 7310 - Food Cooking, Baking, and Serving Equipment

BCOOL - Brand Name or Equal (BNOE) to Burlodge USA Inc.

Model No. BCOOL BC3 RH GD HC BCOOL LEAN Stainless

Front & Glass Rear Doors BC 2015 TRAYB1 BCool Lean

Additional Slotted Fiberglass Tray (18"x26")

PRODUCT/SERVICE CODE: 7310 - Food Cooking, Baking, and Serving Equipment

1.00 EA _________ _________

HOT FOOD WELL- Brand Name or Equal (BNOE) Burlodge

USA Inc. Model No. BHFS-M-5 Five Well Hot Food Server w/single over shelf, & 6" dropdown work shelf

PRODUCT/SERVICE CODE: 7310 - Food Cooking, Baking, and Serving Equipment

1.00 EA _________ ___________

TRAINING AND IMPLEMENTATION

PRINCIPAL NAICS CODE: 333310 - Commercial and Service

Industry Machinery Manufacturing

PRODUCT/SERVICE CODE: 7310 - Food Cooking, Baking, and Serving Equipment

GRAND

TOTAL

B.4 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY

DELIVERY

DATE

0001 SHIP TO: Dept of Veterans Affairs

Black Hills VA HCS - Hot Springs

1.00 90 Days ARO

Campus

500 North 5th Street

USA

0002 SHIP TO: Dept of Veterans Affairs

Black Hills VA HCS - Hot Springs

Campus

500 North 5th Street

0003 SHIP TO: Dept of Veterans Affairs

Black Hills VA HCS - Hot Springs

Campus

500 North 5th Street

2.00 90 Days ARO

0004 SHIP TO: Dept of Veterans Affairs

Black Hills VA HCS - Hot Springs

Campus

500 North 5th Street

0005 SHIP TO: Dept of Veterans Affairs

Black Hills VA HCS - Hot Springs

Campus

500 North 5th Street

0006 SHIP TO: Dept of Veterans Affairs

Black Hills VA HCS - Hot Springs

Campus

500 North 5th Street

0007 SHIP TO: Dept of Veterans Affairs

Black Hills VA HCS - Hot Springs

Campus

500 North 5th Street

0008 SHIP TO: Dept of Veterans Affairs

Black Hills VA HCS - Hot Springs

Campus

500 North 5th Street

0009 SHIP TO: Dept of Veterans Affairs

Black Hills VA HCS - Hot Springs

Campus

500 North 5th Street

0010 SHIP TO: Department of Veterans Affairs

Black Hills VAMC - Fort Meade

Campus

113 Comanche Road

Fort Meade, SD 57741

0011 SHIP TO: Department of Veterans Affairs

Black Hills VAMC - Fort Meade

Campus

113 Comanche Road

0012 SHIP TO: Department of Veterans Affairs

Black Hills VAMC - Fort Meade

Campus

113 Comanche Road

0013 SHIP TO: Department of Veterans Affairs

Black Hills VAMC - Fort Meade

Campus

113 Comanche Road

0014 SHIP TO: Department of Veterans Affairs

Black Hills VAMC - Fort Meade

Campus

113 Comanche Road

0015 SHIP TO: Department of Veterans Affairs

Black Hills VAMC - Fort Meade

Campus

113 Comanche Road

0016 SHIP TO: Department of Veterans Affairs

Black Hills VAMC - Fort Meade

Campus

113 Comanche Road

0017 SHIP TO: Department of Veterans Affairs

Black Hills VAMC - Fort Meade

Campus

113 Comanche Road

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

(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. 4701 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

MAR 2023

C.3 52.225-1 BUY AMERICAN—SUPPLIES (OCT 2022)

(a) Definitions. As used in this clause—

Commercially available off-the-shelf (COTS) item—(1) Means any item of supply (including construction material) that is—

(i) A commercial product (as defined in paragraph (1) of the definition of ‘‘commercial product’’ at Federal Acquisition Regulation (FAR) 2.101;

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

Component means an article, material, or supply incorporated directly into an end product.

Cost of components means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product.

Critical component means a component that is mined, produced, or manufactured in the

United States and deemed critical to the U.S. supply chain. The list of critical components is at

FAR 25.105.

Domestic end product means—

(1) For an end product that does not consist wholly or predominantly of iron or steel or a combination of both—

(i) An unmanufactured end product mined or produced in the United States;

(ii) An end product manufactured in the United States, if—

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. Components of foreign origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic.

Components of unknown origin are treated as foreign. Scrap generated, collected, and prepared for processing in the United States is considered domestic; or

(B) The end product is a COTS item; or

(2) For an end product that consists wholly or predominantly of iron or steel or a combination of both, an end product manufactured in the United States, if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all the components used in the end product. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the end product and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the end product contains multiple components, the cost of all the materials used in such end product is calculated in accordance with the definition of ‘‘cost of components’’.

End product means those articles, materials, and supplies to be acquired under the contract for public use.

Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

Foreign end product means an end product other than a domestic end product.

Foreign iron and steel means iron or steel products not produced in the United States.

Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

United States means the 50 States, the District of Columbia, and outlying areas.

(b) 41 U.S.C. chapter 83, Buy American, provides a preference for domestic end products for supplies acquired for use in the United States. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for an end product that is a COTS item (see

12.505(a)(1)), except that for an end product that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the end product, excluding COTS fasteners.

(c) Offerors may obtain from the Contracting Officer a list of foreign articles that the

Contracting Officer will treat as domestic for this contract.

(d) The Contractor shall deliver only domestic end products except to the extent that it specified delivery of foreign end products in the provision of the solicitation entitled "Buy

American Certificate."

Alternate I (OCT 2022). As prescribed in 25.1101(a)(1)(ii) substitute the following sentence for the first sentence of paragraph (1)(ii)(A) of the definition of ‘‘domestic end product’’ in paragraph

(a): (A) The cost of its components mined, produced, or manufactured in the United States exceeds ___ percent of the cost of all its components. [Contracting officer to insert the percentage.]

(End of Clause)

C.4 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of

Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

C.5 VAAR 852.211-70 EQUIPMENT OPERATION AND MAINTENANCE

MANUALS (NOV 2018)

The Contractor shall follow standard commercial practices to furnish manual(s), handbook(s) or brochure(s) containing operation, installation, and maintenance instructions, including pictures or illustrations, schematics, and complete repair/test guides, as necessary, for technical medical equipment and devices, and/or other technical and mechanical equipment provided per CLIN(s)

. The manuals, handbooks or brochures shall be provided in hard copy, soft copy or with electronic access instructions, consistent with standard industry practices for the equipment or device. Where applicable, the manuals, handbooks or brochures will include electrical data and connection diagrams for all utilities. The documentation shall also contain a complete list of all replaceable parts showing part number, name, and quantity required.

(End of Clause)

C.6 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.

C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT

REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a

Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National

Standards Institute (ANSI).

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting

Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office.

Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause)

C89 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 Clause)

C.9 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

(a) Supplies and equipment. Rejected goods will be held subject to Contractor’s order for not more than 15 days, after which the rejected merchandise will be returned to the Contractor’s address at the Contractor’s risk and expense. Expenses incident to the examination and testing of materials or supplies that have been rejected will be charged to the Contractor.

(b) Perishable supplies. The Contractor shall remove rejected perishable supplies within 48 hours after notice of rejection. Supplies determined to be unfit for human consumption will not be removed without permission of the local health authorities. Supplies not removed within the allowed time may be destroyed. The Department of Veterans Affairs will not be responsible for, nor pay for, products rejected. The Contractor will be liable for costs incident to examination of rejected products.

(End of Clause)

C.10 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

Material shall be packed for shipment in such a manner that will insure acceptance by common carriers and safe delivery at destination. Containers and closures shall comply with regulations of carriers as applicable to the mode of transportation.

(End of Addendum to 52.212-4)

C.11 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (MAR 2023)

(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) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR

2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 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. 4655).

[] (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)…