C03 36C26225C0140 Contract Repair Government Executed.pdf

PAGE 1 OF1. 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

600-25-2-667-0040

36C26225C0140 AWARDED:

EFFECTIVE: 02-14-2025 36C26225AP0524 09-17-2024

Manny Zamora 619-316-5511

00262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

X 100

X

339112

< $7.5M

N/A

Department of Veterans Affairs 4811 Airport Plaza Drive Suite 600

Long Beach CA 90815

00262

Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

3USR5

Z MED SERVICES, INC.

7975 RAYTHEON RD

STE 250

SAN DIEGO CA 92111

HEBRHMC9KVJ9

Department of Veterans Affairs Financial Services Center P.O. Box 149971

Austin TX 78714-9971

Service Contract for repair of government owned equipment on as needed basis. List of equipment in the attached SOW.

Period of Performance: 2/14/2025-2/13/2026

SCA Wage Determination : 2015-5613 Revision No. 28

Contractor shall invoice using Obligation # 600C50208

SUBTOTAL $0.00

$100,000.00Obligation #: 600-C50208 Transaction # 600-25-2-667-0040

X X 1

Christopher Stacy VA-VHA-RPOW-2024-0090Manny Zamora/President 02/13/25

36C26225C0140

Table of Contents

SECTION A

A.1 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 PRICE/COST SCHEDULE

ITEM INFORMATION

ACCOUNTING AND APPROPRIATION DATA

B.3 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...22

C.4 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.5 VAAR 852.239-76 INFORMATION AND COMMUNICATION TECHNOLOGY

ACCESSIBILITY (FEB 2023)

C.6 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JAN 2025)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

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:

Manny Zamora

562-826-8000 x12880 mz@zmedinc.com

b. GOVERNMENT: Contracting Officer 36C262

Department of Veterans Affairs

Network Contracting Office 22

4811 Airport Plaza Drive

Suite 600

Long Beach CA 90815

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[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] Monthly

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.

Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp

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

AMENDMENT NO DATE

STATEMENT OF WORK

Zmed SERVICE CONTRACT

I. Scope: Contractor shall furnish all labor, transportation, materials, tools, supplies and spare parts to repair of Government-owned equipment on an as needed basis. Equipment included are but not limited to the following: Rigid endoscopes, Flexible Endoscopes, GI Video Endoscopes, GI Specialty Scopes, Bronchoscopes, Cystoscopes, Ultrasound Probes, Laryngoscopes, Rhino Laryngoscopes, Naso Laryngoscopes, Rhino-Laryngofiberscopes, Uretero-renoscopes, Light Sources, Powered Surgical Handpieces, Video Processors, Laparoscopes, Surgical Specialty Scopes, Surgical Cameras, Surgical Specialty Cameras, Surgical Telescopes, Urology Fiberscope, Urology Specialty Scopes.

a. Manufacturers include, but are not limited to: Olympus Medical, Pentax, Maquet Medical, Siemens, Karl Storz, Intuitive surgical, Bryan Corp, Richard Wolf GMBH, Stryker Endoscopy and/or Instruments, Smith and Nephew, Given Imaging, Gyrus, and Conmed.

b. In the context of this contract, ‘Equipment’ refers to any patient critical instrumentation that is used in surgical, endoscopic & ultrasound procedures.

Equipment as used herein includes the following:

Rigid, semi-rigid & flexible endoscopes.

Powered surgical handpieces and related instrumentation (pneumatic and electrical).

Endoscopic cameras and related equipment.

Specialty surgical instrumentation including phacoemulsification handpieces

(Phacos), harmonic scalpel handpieces, laparoscopic instruments & specialty retractor systems.

Ultrasounds probes & transducers including TEE probes.

II. Period of Agreement:

Base Year: February 14, 2025 to February 13, 2026

III. Hours of Coverage:

a. Normal hours of coverage will be Monday through Friday from 6:00am to 7:00pm, excluding federal holidays.

b. All service/repairs will be performed during stipulated hours of coverage unless requested or approved by Biomedical Engineering.

c. Federal Holidays observed by the VAMC are:

New Year’s Day

Martin Luther King Day

President's Day

Memorial Day

Juneteenth National Independence Day

Independence Day

STATEMENT OF WORK

Zmed SERVICE CONTRACT

Labor Day

Columbus Day

Veterans Day

Thanksgiving Day

Christmas Day

IV. Services to be Provided:

a. Telephone Technical Support: Telephone assistance will be provided 24/7, 365 days a year.

b. Parts: The contractor will supply, at its own expense, all materials, tools, supplies and spare parts to repair Government-owned equipment on an as needed basis.

Equipment included are but not limited to the following: Rigid endoscopes, Flexible Endoscopes, GI Video Endoscopes, GI Specialty Scopes, Bronchoscopes, Cystoscopes, Ultrasound Probes, Laryngoscopes, Rhino Laryngoscopes, Naso Laryngoscopes, Rhino-Laryngofiberscopes, Uretero-renoscopes, Light Sources, Powered Surgical Handpieces, Video Processors, Laparoscopes, Surgical Specialty Scopes, Surgical Cameras, Surgical Specialty Cameras, Surgical Telescopes, Urology Fiberscope, Urology Specialty Scopes.

c. Labor: The contractor will provide all labor associated with the repair of the equipment covered under the contract agreement. Inadequate or improper repairs performed by the contractor will be correctly repaired at a time convenient to the VA at no additional expense to the VA. There will be no limitation to the number of labor hours provided within the stipulated timeframes of contract coverage.

d. Response Times: The contractor shall pick up the Scope on-site within 1 business day, excluding weekends and federal holidays, during normal government business house. When requesting a loaner, the contractor shall ship and deliver, at no additional cost, loaner scopes within 48 hours of written notification to the contractor.

The contractor will always contact the Biomedical Engineering Section, (562) 826-5977 before and after arrival at the site.

e. Objectives:

Repair of Government-owned equipment on an as needed basis. Equipment included are but not limited to the following: Rigid endoscopes, Flexible Endoscopes, GI Video Endoscopes, GI Specialty Scopes, Bronchoscopes, Cystoscopes, Ultrasound Probes, Laryngoscopes, Rhino Laryngoscopes, Naso Laryngoscopes, Rhino-Laryngofiberscopes, Uretero-renoscopes, Light Sources, Powered Surgical Handpieces, Video Processors, Laparoscopes, Surgical Specialty Scopes, Surgical

VA Long Beach Medical Center Contracted Repair Pricing

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2/11/2025 Page 2 of

Cameras, Surgical Specialty Cameras, Surgical Telescopes, Urology Fiberscope, Urology Specialty Scopes.

f. Corrective Maintenance: Corrective maintenance will be provided during the contract period. The scheduling of corrective maintenance will be coordinated with the COR. Corrective maintenance will be performed in a manner which clearly demonstrates that the equipment meets or exceeds all manufacturers’ technical performance specifications.

Note: To ensure proper equipment history documentation, the contractor will forward all preventive maintenance records within 5 working days of completion to Biomedical Engineering.

g. Requirements: The contractor will supply, at its own expense, all materials, tools, supplies and spare parts to repair Government-owned equipment on an as needed basis. Equipment included are but not limited to the following: Rigid endoscopes, Flexible Endoscopes, GI Video Endoscopes, GI Specialty Scopes, Bronchoscopes, Cystoscopes, Ultrasound Probes, Laryngoscopes, Rhino Laryngoscopes, Naso Laryngoscopes, Rhino-Laryngofiberscopes, Uretero-renoscopes, Light Sources, Powered Surgical Handpieces, Video Processors, Laparoscopes, Surgical Specialty Scopes, Surgical Cameras, Surgical Specialty Cameras, Surgical Telescopes, Urology Fiberscope, Urology Specialty Scopes.

h. Deliverables: The contractor shall deliver all deliverables and documentation as stated below:

Contractor will provide individual written service reports which describe services performed on the equipment (in sufficient detail to be acceptable to the field inspectors of The Joint Commission). The following information must be provided in each service report:

1) Date of service

2) Summary of problem and action taken

3) Parts replaced

4) Labor hours

6) Travel time

7) Equipment serviced (description, Equipment ID #, serial number, etc.)

8) Purchase order number

Note: This report must be approved and signed by Biomedical Engineering personnel or their representative. A copy of each report will be left with Biomedical Engineering. In the event that Biomedical Engineering is not available to receive the service report (outside normal working hours), the service report will be left with the supervising official of the equipment that was

Repair Pricing

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i. Qualifications: Contractor shall be engaged full-time in the maintenance and repair of the equipment listed in Section I.

Contractor shall have access to complete service manuals Contractor shall, without exception, furnish all labor, transportation, materials, tools, supplies and spare parts to repair of Government-owned equipment on an as needed basis.

Item Category Description UOM Apr/24 Pricing

ANG001 Flex Angulation Adjustment EA $297.31

ANG002 Flex Replace Angulation - 4 Wires EA $1,946.06

ANG003 Flex Rebuild Angulation System (Wires & Coil Pipes) EA $2,594.75

ANG004 Flex Replace Drum Cable (Pentax) EA $810.86

ANG005 Flex Angulation Drum Chain/Wire Repair EA $351.37

ANG006 Flex Angulation System Realignment EA $864.92

AUX001 Flex Realign Auxiliary Water Port EA $81.09

AUX002 Flex Clear Auxiliary Water Port EA $54.06

AUX003 Flex Replace Auxiliary Top Hat EA $135.14

AUX004 Flex Clear Auxiliary Water Channel EA $81.09

AUX005 Flex Replace Auxiliary Water B-Cap EA $81.09

AUX006 Flex Replace Auxiliary Water Channel EA $1,027.09

AUX007 Flex Replace Auxiliary Inlet Housing EA $486.51

AWC001 Flex Clear A/W Channel EA $81.09

AWC002 Flex Replace A/W Channel, Light Guide Tube EA $1,297.37

AWC003 Flex Replace A/W Channel, Insertion Tube EA $1,189.26

AWC004 Flex Air/Water Channel Repaired @ Lightguide Connector EA $378.40

AWC005 Flex Air/Water Channel Repaired @ Insertion Tube EA $378.40

AWS001 Flex Replace Air/Water Separator O-Rings EA $81.09

AWS002 Flex Air/Water Separator Unit Replaced EA $405.43

Repair Pricing

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BIC001 Flex Clear Biopsy Channel EA $189.20

BIC002 Flex Replace Biopsy Channel Large Diameter EA $1,027.09

BIC003 Flex Replace (2) Biopsy Channel (2 channel scope) EA $1,892.00

BIC003 Flex Replace Biopsy Channel-Small Diameter Category 1 EA $1,189.26

BIC004 Flex Replace Biopsy Channel-Small Diameter Category 2 EA $1,405.49

BIC005 Flex Replace Biopsy Channel-Small Diameter Category 3 EA $1,621.72

BIC006 Flex Replace Biopsy Channel-Small Diameter Category 4 EA $1,946.06

BIC007 Flex Reround Biopsy Port At The Distal End EA $97.30

BNR001 Flex Replace Bending Rubber EA $189.20

BNR002 Flex Replace Bending Rubber Specialty EA $270.29

BNS001 Flex Reround Bending Section EA $378.40

BNS002 Flex Replace Bending Section Mesh EA $405.43

BNS003 Flex Repair Bending Section Mesh (Minor) EA $81.09

BNS004 Flex Repair Bending Section Mesh (Major) EA $270.29

BNS005 Flex Replace Bending Section EA Quote

CCD001 Flex Rewire/Repair CCD Chip Level 1 EA Quote

CCD002 Flex Rewire/Repair CCD Chip Level 2 EA Quote

CCD003 Flex Replace CCD Chip Category 1 EA Quote

CCD004 Flex Replace CCD Chip Category 2 EA Quote

CCD005 Flex Replace CCD Chip Category 3 EA Quote

CCV001 Flex Repair C-Cover( Major) EA $567.60

CCV002 Flex Repair C-Cover( Minor) EA $270.29

CCV003 Flex Reseal C-Cover EA $162.17

CCV004 Flex Replace C-Cover EA $810.86

CNB001 Flex Reseal Biopsy Port EA $97.30

CNB003 Flex Repair/Seal Control Body EA $270.29

CNB004 Flex Reseal S-Cover EA $189.20

CNB005 Flex Tighten A/W, Suction Cylinder EA $162.17

COC001 Flex Repair CO2 Port Connector EA $810.86

DIS001 Flex Scope Disinfection EA $162.17

ELV001 Flex Adjust Elevator EA $189.20

ELV002 Flex Replace Elevator Control Hub EA $1,297.37

Repair Pricing

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ELV003 Flex Replace Elevator Push Rod Stopper EA $189.20

ELV004 Flex Replace Elevator Wire Assembly EA $594.63

ECH001 Flex Elevator Irrigation Port/Repaired At Control Body EA $81.09

ECH002 Flex Biopsy Irrigation Channel Cleared EA $162.17

Item Category Description UOM Apr/24 Pricing

ECH003 Flex Elevator Irrigation Channel Replaced EA $1,459.54

ECH004 Flex Elevator Irrigation O-Ring Replaced EA $135.14

ECH005 Flex Elevator Coil Pipe Adjusted EA $486.51

ELC001 Flex Electrical Pins Cleaned EA $135.14

ELC002 Flex Reround Video Connector Housing EA $378.40

ELC003 Flex Electrical Connector Housing Pin Reseal EA $81.09

ELC004 Flex Electrical Connector Housing Pin Replaced EA $162.17

ELC005 Flex Electrical Connector Resealed EA $81.09

ELC006 Flex Video Pins (4) Replaced EA $1,027.09

ELC007 Flex Electrical Connector Overhauled EA $1,297.37

ETV001 Flex Align ETO Valve EA $81.09

ETV002 Flex Replace ETO Valve Pin EA $162.17

ETV003 Flex Replace ETO Valve EA $405.43

EYP001 Flex Repair Eyepiece Assembly EA $378.40

EYP002 Flex Clean & Reseal Eyepiece Assembly EA $351.37

EYP004 Flex Polish Eyepiece Window EA $81.09

IMG001 Flex Aerate & Repair Minor Fluid Invasion EA $486.51

IMG002 Flex Aerate & Repair Major Fluid Invasion EA $918.97

IMG003 Flex Minor/Short Term Aeration EA $189.20

IMB001 Flex Replace Image Bundle - Category 1 EA $1,946.06

IMB002 Flex Replace Image Bundle - Category 2 EA $2,378.52

IMB003 Flex Replace Image Bundle - Category 3 EA $2,702.86

INT001 Flex Align Insertion Tube EA $270.29

INT002 Flex Repair Insertion Tube (Minor) EA $270.29

INT003 Flex Repair Insertion Tube (Major) EA $486.51

INT004 Flex Install Boot Extender EA $270.29

INT005 Flex Replace Insertion Tube, Large Diameter EA $3,784.00

Repair Pricing

INT006 Flex Replace Insertion Tube, Small Diameter Category 1 EA $1,946.06

INT007 Flex Replace Insertion Tube, Small Diameter Category 2 EA $2,486.63

INT008 Flex Replace Insertion Tube, Small Diameter Category 3 EA $3,135.32

INT009 Flex Replace Insertion Tube, Small Diameter Category 4 EA $3,784.00

INT010 Flex Replace Control Boot EA $702.74

INT011 Flex Repair Boot EA $162.17

KNB001 Flex Rebuild Angulation Control Knobs EA $378.40

KNB002 Flex Repair Elevator Control Knob EA $270.29

KNB003 Flex Adjust Free Engage Assembly EA $189.20

KNB004 Flex Knob Angle Shaft Replacement EA $486.51

KNB005 Flex Repair Free Engage Knob (140 Series) EA $378.40

KNB006 Flex Replace R/L Brake Knob EA $378.40

KNB007 Flex Tighten U/D Lever Bronchoscope EA $162.17

LCG001 Flex Replace 1 Light Guide Cover Glass EA $189.20

LCG002 Flex Replace 2 Light Guide Cover Glasses EA $297.31

LCG003 Flex Clean, Polish & Reseal Light Guide Cover Glass EA $135.14

LCG004 Flex Replace Lightguide Lens Assembly EA $297.31

LGB001 Flex Replace Light Guide Fiber Bundle - Category 1 EA $1,027.09

LGB002 Flex Replace Light Guide Fiber Bundle - Category 2 EA $1,513.60

LGB003 Flex Replace Light Guide Fiber Bundle - Category 3 EA $1,946.06

LGB004 Flex Repair Light Guide Fiber Bundle EA $594.63

LGB005 Flex Reattach Lightguide Bundle @ Distal End EA $378.40

LGC001 Flex Reseal Light Guide Connector EA $162.17

LGC002 Flex Reround Light Guide Connector EA $162.17

LGC003 Flex Reseal Suction Port EA $81.09

LGC005 Flex Clean & Reseal Light Guide Connector Pins EA $81.09

LGP001 Flex Tighten Prong And Mount EA $54.06

LGP002 Flex Clean And Seal Light Guide Prong EA $162.17

LGP004 Flex Tighten Rear Mount Assembly EA $108.11

Item Category Description UOM Apr/24 Pricing

LGT001 Flex Repair Light Guide Tube (Minor) EA $189.20

LGT002 Flex Repair Light Guide Tube (Major) EA $297.31

Repair Pricing

LGT003 Flex Replace Light Guide Tube (Video) EA $1,946.06

LGT004 Flex Replace Light Guide Tube (Fiberscope) EA $1,297.37

LGT005 Flex Replace Light Guide Tube Boot EA $810.86

NOZ001 Flex Clear A/W Nozzle, Flush A/W System EA $54.06

NOZ002 Flex Replace Nozzle, Flush A/W System EA $81.09

NOZ003 Flex Align Air/Water Nozzle EA $54.06

OBL001 Flex Clean, Polish & Reseal Objective Lens EA $162.17

OBL002 Flex Clean, Focus & Reseal Objective Lens EA $1,189.26

OBL003 Flex Replace Negative or Field Lens (Objective Lens) EA $1,946.06

OBL004 Flex Objective Lens Glue Replace/Refurbish EA $1,621.72

OCU001 Flex Rebuild Ocular Lens System EA $297.31

OCU002 Flex Clean & Reseal Eyepiece EA $297.31

OCU004 Flex Adjust Focus Ring EA $135.14

OCU006 Flex Clean & Adjust Mask EA $297.31

RBD001 Flex Complete Rebuild Sm Diameter Video - Category 1 EA $3,784.00

RBD002 Flex Complete Rebuild Sm Diameter Video - Category 2 EA $4,865.15

RBD003 Flex Complete Rebuild Sm Diameter Video - Category 3 EA $6,206.27

RBD004 Flex Complete Rebuild Sm Diameter Video - Category 4 EA Quote

RBD005 Flex Complete Rebuild Lg Diameter Video - Category 1 EA $2,702.86

RBD006 Flex Complete Rebuild Lg Diameter Video - Category 2 EA $3,459.66

RBD007 Flex Complete Rebuild Lg Diameter Video - Category 3 EA $4,324.58

RBD008 Flex Complete Rebuild Lg Diameter Video - Category 4 EA Quote

RBD009 Flex Complete Rebuild Sm Diameter Fiber - Category 1 EA $3,027.20

RBD010 Flex Complete Rebuild Sm Diameter Fiber - Category 2 EA $3,784.00

RBD011 Flex Complete Rebuild Sm Diameter Fiber - Category 3 EA $4,865.15

RBD012 Flex Complete Rebuild Specialty Sm Diameter Fiber - Category 1 EA $4,865.15

RBD013 Flex Complete Rebuild Specialty Sm Diameter Fiber - Category 2 EA $5,621.95

RBD014 Flex Complete Rebuild Specialty Sm Diameter Fiber - Category 3 EA $6,703.09

RBD015 Flex Olympus BF/GF Model EBUS Scope Level 1 EA $7,592.92

RBD016 Flex Olympus BF/GF Model EBUS Scope Level 2 EA $11,403.51

RBD017 Flex Olympus BF/GF Model EBUS Scope Level 3 EA Quote

SCY001 Flex Replace Suction Cylinder EA $973.03

Repair Pricing

SCY002 Flex Tighten Suction Cylinder EA $81.09

SCY003 Flex Deburr Suction Cylinder EA $162.17

SCY004 Flex Repair Suction Cylinder EA $297.31

SUC001 Flex Clear Suction Channel, Light Guide Tube EA $162.17

SUC002 Flex Replace Suction Channel, Light Guide Tube EA $405.43

VCH001 Flex Repair/Replace #1 Switch EA $297.31

VCH002 Flex Realign #1 Switch EA $135.14

VCH003 Flex Repair/Replace #1 Switch Cover EA $243.26

VCH004 Flex Repair/Replace #2, #3, & #4 EA $810.86

VCH005 Flex Reseal/Tighten Video Control Head EA $135.14

RIG001 Rigid Rigid Endoscope Clean & Polish Distal Tip EA Courtesy

RIG002 Rigid Standard Rigid Endoscope Repair Level 1 EA $378.40

RIG003 Rigid Standard Rigid Endoscope Repair Level 2 EA $643.28

RIG004 Rigid Standard Rigid Endoscope Repair Level 3 EA $751.40

RIG005 Rigid Standard Rigid Endoscope Repair Level 4 EA $1,054.12

RIG005 Rigid Standard Rigid Endoscope Rebuild Level 1 EA $1,054.12

RIG007 Rigid Standard Rigid Endoscope Rebuild Level 2 EA $1,243.32

RIG008 Rigid Standard Rigid Endoscope Rebuild Level 3 EA $1,459.54

RIG009 Rigid Standard Rigid Endoscope Repair/Exchange EA Quote

RIG010 Rigid Specialty Rigid Endoscope Repair Level 1 EA $810.86

RIG011 Rigid Specialty Rigid Endoscope Repair Level 2 EA $1,054.12

RIG012 Rigid Specialty Rigid Endoscope Repair Level 3 EA $1,351.43

Item Category Description UOM Apr/24 Pricing

RIG013 Rigid Specialty Rigid Endoscope Repair Level 4 EA $1,946.06

RIG014 Rigid Specialty Rigid Endoscope Rebuild Level 1 EA $1,567.66

RIG015 Rigid Specialty Rigid Endoscope Rebuild Level 2 EA $2,000.12

RIG016 Rigid Specialty Rigid Endoscope Rebuild Level 3 EA $2,432.57

RIG017 Rigid Specialty Rigid Endoscope Repair/Exchange EA Quote

RIG018 Rigid Offset/Operating Laparoscope Repair Level 1 EA $1,027.09

RIG019 Rigid Offset/Operating Laparoscope Repair Level 2 EA $1,567.66

RIG020 Rigid Offset/Operating Laparoscope Repair Level 3 EA $1,946.06

RIG021 Rigid Offset/Operating Laparoscope Rebuild Level 1 EA $1,567.66

Repair Pricing

RIG022 Rigid Offset/Operating Laparoscope Rebulid Level 2 EA $2,108.23

RIG023 Rigid Offset/Operating Laparoscope Rebuild Level 3 EA $3,081.26

RIG026 Rigid Offset/Operating Laparoscope Rebuild Level 4 EA $4,054.29

RIG027 Rigid Hologic Myosure/Omni Offset Hysteroscope Repair Level 1 EA $1,946.06

RIG028 Rigid Hologic Myosure/Omni Offset Hysteroscope Repair Level 2 EA $2,384.87

RIG029 Rigid Covidien TruClear Offset Hysteroscope Repair Level 1 EA $1,946.06

RIG030 Rigid Covidien TruClear Offset Hysteroscope Repair Level 2 EA $3,020.85

RIG024 Rigid Additional Rod/Achromat Lens EA $97.30

RIG024 Rigid Replace Eyepiece EA $97.30

RIG025 Rigid Replace Ocular Sleeve & Laser Weld EA $97.30

URS001 Ureteroscope Semi-rigid Ureteroscope Level 1 EA $1,027.09

URS002 Ureteroscope Semi-rigid Ureteroscope Level 2 EA $1,946.06

URS003 Ureteroscope Semi-rigid Ureteroscope Level 3 EA $2,594.75

URS004 Ureteroscope Semi-rigid Ureteroscope Level 4 Complete Rebuild EA $3,784.00

FOC001 Light Cord Standard Light Cord Rebuild - Level 1 EA $189.20

FOC002 Light Cord Standard Light Cord Rebuild - Level 2 EA $270.29

FOC003 Light Cord Standard Light Cord Rebuild - Level 3 EA $378.40

FOC004 Light Cord Standard Light Cord Rebuild - Level 4 EA $432.46

FOC005 Light Cord Bifurcated Light Cord Rebuild - Level 1 EA $297.31

FOC006 Light Cord Bifurcated Light Cord Rebuild - Level 2 EA $432.46

FOC007 Light Cord Specialty Light Cord Rebuild - Level 1 EA $378.40

FOC008 Light Cord Specialty Light Cord Rebuild (Davinci) - Level 2 EA $594.63

FOC009 Light Cord Specialty Light Cord Rebuild - Level 3 EA $918.97

FOC010 Light Cord Karl Storz Light Cord Repair/Exchange EA $376.98

FOC011 Light Cord Headlight Repair Level 1 EA $378.40

FOC012 Light Cord Headlight Repair Level 2 EA $594.63

FOC013 Light Cord Headlight Repair Level 3 EA $918.97

CAM001 Camera 1488/1588 Camera Repair Level 1 EA $833.33

CAM002 Camera 1488/1588 Camera Repair Level 2 EA $1,458.33

CAM003 Camera 1488/1588 Camera Repair Level 3 EA $2,489.63

CAM004 Camera 1488/1588 Camera Repair w/ Prism Level 4 EA $5,056.36

CAM005 Camera 1488/1588 Camera Level Repair/Exchange EA Quote

Repair Pricing

CAM006 Camera 1488/1588 Camera Coupler Level 1 EA $576.42

CAM007 Camera 1488/1588 Camera Coupler Level 2 EA $673.08

CAM008 Camera 1488/1588 Camera Coupler Level 3 EA $961.54

CAM009 Camera 1488/1588 Camera Coupler Level 4 EA $1,057.69

CAM010 Camera 1488/1588 Camera Control Unit Repair Level 1 EA $833.33

CAM011 Camera 1488/1588 Camera Control Unit Repair Level 2 EA $1,718.75

CAM012 Camera 1488/1588 Camera Control Unit Repair Level 3 EA $3,173.08

CAM013 Camera 1488/1588 Camera Control Unit Repair/Exchange EA Quote

CAM014 Camera Light Source Level 1 (Xenon) EA $900.95

CAM015 Camera Light Source Level 2 (Xenon) EA $1,536.92

CAM016 Camera Light Source Level 3 (Xenon) EA $2,543.87

CAM017 Camera Light Source Level 4 (Xenon) EA Quote

CAM018 Camera Light Source Level 1 (LED) EA $1,363.79

CAM019 Camera Light Source Level 2 (LED) EA $3,147.23

CAM020 Camera Light Source Level 3 (LED) EA $4,768.52

Item Category Description UOM Apr/24 Pricing

CAM021 Camera Light Source Level 4 (LED) EA Quote

CAM022 Camera Camera Adapter (Pigtail) Level 1 EA $476.98

CAM023 Camera Camera Adapter (Pigtail) Level 2 EA $900.95

AIR001 Pneumatic Pneumatic Handpiece Small & Large Bone Level 1 EA $162.17

AIR002 Pneumatic Pneumatic Handpiece Small & Large Bone Level 2 EA $378.40

AIR003 Pneumatic Pneumatic Handpiece Small & Large Bone Level 3 EA $594.63

AIR004 Pneumatic Pneumatic Handpiece Small & Large Bone Level 4 EA $810.86

AIR005 Pneumatic Pneumatic Handpiece Small & Large Bone Level 5 EA $1,027.09

AIR006 Pneumatic Pneumatic Handpiece Attachment Level 1 EA $162.17

AIR007 Pneumatic Pneumatic Handpiece Attachment Level 2 EA $378.40

AIR008 Pneumatic Pneumatic Handpiece Attachment Level 3 EA $486.51

AIR009 Pneumatic Pneumatic Handpiece Attachment Level 4 EA $702.74

AIR010 Pneumatic Air Hose Repair/Rebuild Level 1 EA $81.09

AIR011 Pneumatic Air Hose Repair/Rebuild Level 2 EA $162.17

AIR012 Pneumatic Air Hose Repair/Rebuild Level 3 EA $270.29

AIR013 Pneumatic Foot Pedal Repair Level 1 EA $162.17

Repair Pricing

AIR014 Pneumatic Foot Pedal Repair Level 2 EA $378.40

AIR015 Pneumatic Foot Pedal Repair Level 3 EA $702.74

AIR016 Pneumatic Foot Pedal Repair Level 4 EA $1,027.09

AIR017 Pneumatic Foot Pedal Repair Level 5 (Specialty) EA $1,459.54

MSH001 Mesh Meshgrafter Sharpen Level 1 EA $162.17

MSH002 Mesh Meshgrafter Sharpen Level 2 EA $486.51

MSH003 Mesh Meshgrafter Repair Level 1 EA $702.74

MSH004 Mesh Meshgrafter Repair Level 2 EA $1,027.09

MSH005 Mesh Meshgrafter Repair Level 3 EA $1,351.43

ELP001 Electric Electric Handpiece Small & Large Bone Level 1 EA $162.17

ELP002 Electric Electric Handpiece Small & Large Bone Level 2 EA $378.40

ELP003 Electric Electric Handpiece Small & Large Bone Level 3 EA $702.74

ELP004 Electric Electric Handpiece Small & Large Bone Level 4 EA $1,027.09

ELP005 Electric Electric Handpiece Small & Large Bone Level 5 EA $1,297.37

ELP006 Electric Electric Handpiece Small & Large Bone Level 6 EA $1,621.72

ELP007 Electric Electric Handpiece Attachment Level 1 EA $81.09

ELP008 Electric Electric Handpiece Attachment Level 2 EA $162.17

ELP009 Electric Electric Handpiece Attachment Level 3 EA $351.37

ELP010 Electric Electric Handpiece Attachment Level 4 EA $486.51

ELP011 Electric Stryker TPS Cord Rebuild EA $378.40

ELP012 Electric Electric Foot Pedal Level 1 EA $486.51

ELP013 Electric Electric Foot Pedal Level 2 EA $702.74

ELP014 Electric Electric Foot Pedal Level 3 EA $1,027.09

ELP015 Electric Electric Foot Pedal Level 4 EA $1,459.54

ELP016 Electric Electric High Speed Drills (Pi Drive+/Saber/Sumex) Level 1 EA $499.84

ELP017 Electric Electric High Speed Drills (Pi Drive+/Saber/Sumex) Level 2 EA $948.69

ELP018 Electric Electric High Speed Drills (Pi Drive+/Saber/Sumex) Level 3 EA $1,621.96

ELP019 Electric Electric High Speed Drills (Pi Drive+/Saber/Sumex) Level 4 EA $2,029.99

ELP020 Electric Spinal/Speciality Attachment Level 1 (Maestro/PiDrive+/Sumex) EA $357.04

ELP021 Electric Spinal/Speciality Attachment Level 2 (Maestro/PiDrive+/Sumex) EA $500.26

ELP022 Electric Spinal/Speciality Attachment Level 3 (Maestro/PiDrive+/Sumex) EA $652.86

ELP023 Electric Spinal/Speciality Attachment Level 4 (Maestro/PiDrive+/Sumex) EA $703.86

Repair Pricing

ELP024 Electric Spinal/Speciality Attachment Level 5 (Maestro/PiDrive+/Sumex) EA $856.88

ELP025 Electric Spinal/Speciality Attachment Level 6 (Maestro/PiDrive+/Sumex) EA Quote

ELP026 Electric Medtronic/Xomed M4/M5 Microdebrider Level 1 EA $875.56

ELP027 Electric Medtronic/Xomed M4/M5 Microdebrider Level 2 EA $1,579.34

ELP028 Electric Medtronic/Xomed M4/M5 Microdebrider Level 3 EA $2,249.29

ELP029 Electric Medtronic/Xomed M4/M5 Microdebrider Level 4 EA Quote

PHA001 Phaco Phaco Handpiece Rebuild Level 1 EA $1,679.45

PHA002 Phaco Phaco Handpiece Rebuild Level 2 EA $1,907.90

Item Category Description UOM Apr/24 Pricing

PHA003 Phaco Phaco Handpiece Rebuild Level 3 EA $2,594.75

PHA004 Phaco Phaco Handpiece Rebuild Level 4 (Specialty) EA $3,566.79

PHA005 Phaco I/A Tip/Handle Repair Level 1 EA $81.09

PHA006 Phaco I/A Tip/Handle Repair Level 2 EA $162.17

PHA007 Phaco I/A Tip/Handle Repair Level 3 EA $297.31

HMS001 Harmonic Harmonic Scalpel Gen 3 (HP054) Rebuild EA $810.86

HMS002 Harmonic Harmonic Scalpel Blue Rebuild EA $918.97

LAP001 Lap Lap Instrument Repair Level 1 EA $81.09

LAP002 Lap Lap Instrument Repair Level 2 EA $162.17

LAP003 Lap Lap Instrument Repair Level 3 EA $243.26

LAP004 Lap Lap Instrument Repair Level 4 EA $297.31

LAP005 Lap Lap Instrument Repair Level 5 EA $351.37

LAP006 Lap Lap Instrument Repair Level 6 EA $405.43

LAP007 Lap Lap Instrument Repair Level 7 EA $513.54

LAP008 Lap Lap Instrument Repair Level 8 (Specialty) EA $621.66

LAP009 Lap Lap Instrument Repair Level 9 (Specialty) EA $729.77

LAP010 Lap Lap Instrument Repair Level 10 (Specialty) EA Quote

TBL001 Table Mayfield Base Unit Level 1 EA $378.40

TBL002 Table Mayfield Base Unit Level 2 EA $594.63

TBL003 Table Mayfield Base Unit Level 3 EA $946.00

TBL004 Table Mayfield Headrest Level 1 EA $702.74

TBL005 Table Mayfield Headrest Level 2 EA $946.00

TBL006 Table Mayfield Headrest Level 3 EA $1,243.32

Repair Pricing

TBL007 Table Mayfield Headrest Level 4 EA $1,567.66

CTL001 Control OR Table Hand/Foot Control Level 1 EA $378.40

CTL002 Control OR Table Hand/Foot Control Level 2 EA $702.74

CTL003 Control OR Table Hand/Foot Control Level 3 EA $918.97

CTL004 Control OR Table Hand/Foot Control Level 4 EA $1,243.32

STI001 Stirrup Leg Holder Level 1 EA $378.40

STI002 Stirrup Leg Holder Level 2 EA $702.74

STI003 Stirrup Leg Holder Level 3 EA $946.00

STI004 Stirrup Leg Holder Level 4 EA $1,459.54

ARM001 Arm Board Arm Board Repair Level 1 EA $297.31

ARM002 Arm Board Arm Board Repair Level 2 EA $513.54

ARM003 Arm Board Arm Board Repair Level 3 EA $729.77

DIA004 Diamond Knife Diamond Knife Level 1 EA $1,054.12

DIA005 Diamond Knife Diamond Knife Level 2 EA $1,270.34

DIA006 Diamond Knife Diamond Knife Level 3 EA $1,758.33

DIA006 Diamond Knife Diamond Knife Level 3 EA $1,486.57

TEE001 TEE PROBE TEE Probe Repair Level 1 EA $1,393.23

TEE002 TEE PROBE TEE Probe Repair Level 2 EA $2,786.45

TEE003 TEE PROBE TEE Probe Repair Level 3 EA $5,015.62

TEE004 TEE PROBE TEE Probe Repair Level 4 EA $8,359.36

TEE005 TEE PROBE TEE Probe Repair Level 5 EA $10,588.52

TEE006 TEE PROBE TEE Probe Repair Level 6 EA Quote

TEE007 TEE PROBE TEE Probe Repair/Exchange EA Quote

USP001 ULTRASOUND Ultrasound Probe Repair Level 1 EA $1,058.85

USP002 ULTRASOUND Ultrasound Probe Repair Level 2 EA $2,061.98

USP003 ULTRASOUND Ultrasound Probe Repair Level 3 EA $3,901.04

USP004 ULTRASOUND Ultrasound Probe Repair Level 4 EA $6,130.20

USP005 ULTRASOUND Ultrasound Probe Repair Level 5 EA $8,359.36

USP006 ULTRASOUND Ultrasound Probe Repair Level 6 EA $10,588.52

USP007 ULTRASOUND Ultrasound Probe Repair Level 7 EA $12,817.69

USP008 ULTRASOUND Ultrasound Probe Repair/Exchange EA Quote

DEN001 DENTAL Dental High Speed Handpiece Repair/Rebuild Level 1 EA $100.31

Repair Pricing

DEN002 DENTAL Dental High Speed Handpiece Repair/Rebuild Level 2 EA $167.19

Item Category Description UOM Apr/24 Pricing

DEN003 DENTAL Dental Slow Speed Handpiece/Scaler Repair/Rebuild Level 1 EA $83.59

DEN004 DENTAL Dental Slow Speed Handpiece/Scaler Repair/Rebuild Level 2 EA $139.32

DEN005 DENTAL Dental Slow Speed Handpiece/Scaler Repair/Rebuild Level 3 EA $195.05

DEN006 DENTAL Specialty Dental Handpiece/Attachment Level 1 EA $195.05

DEN007 DENTAL Specialty Dental Handpiece/Attachment Level 2 EA $390.10

DEN008 DENTAL Specialty Dental Handpiece/Attachment Level 3 EA $613.02

DEN009 DENTAL Specialty Dental Handpiece/Attachment Level 3 EA Quote

DEN010 DENTAL Dental Handpiece Attachment Level 1 EA $55.73

DEN011 DENTAL Dental Handpiece Attachment Level 2 EA $167.19

DEN012 DENTAL Dental Handpiece Attachment Level 3 EA $334.37

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVIC

ES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1.00 YR $100,000.00000

$100,000.00

Service maintenance and repairs of various flexible equipment.

Equipment included are but not limited to the following: Rigid endoscopes, Flexible Endoscopes, GI Video Endoscopes, GI Specialty Scopes, Bronchoscopes, Cystoscopes, Ultrasound Probes, Laryngoscopes, Rhino Laryngoscopes, Naso Laryngoscopes, Rhino-Laryngofiberscopes, Uretero-renoscopes, Light Sources, Powered Surgical Handpieces, Video Processors, Laparoscopes, Surgical Specialty Scopes, Surgical Cameras, Surgical Specialty Cameras, Surgical Telescopes, Urology Fiberscope, Urology Specialty Scopes PoP: 2/14/2025 - 2/13/2026

Funding/Req. Number: 1 $100,000.00 600-25-2-667-0040

GRAND TOTAL $100,000.00

Repair Pricing

ACCOUNTING AND APPROPRIATION DATA

ACRN APPROPRIATION

REQUISITION

NUMBER AMOUNT

1 600-3650160-667-8255

BIOMEDICAL ENGINEERING-

2520 Repair of Furniture and E- 010050192

600-25-2-667-0040 (P)

$100,000.00

B.3 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION

QUANTIT

Y

DELIVERY

DATE

0001 1.00

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered;

and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212- 5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

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

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

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

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

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

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

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