RFQ_36C26125Q0699_07.24.2025.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

36C261-25-AP-3774

593-25-3-074-0157

36C26125Q0699 07-24-2025

Janetra Johnson 5592256100 08-07-2025

12PM PDT

Department of Veterans Affairs Network Contracting Office (NCO) 21 VA Central California Health Care System 855 M Street, Suite 1020 Fresno CA 93721

X 100

X

339113

800 Employees

N/A

** See Delivery Schedule **

Network Contracting Office (NCO) 21 VA Central California Health Care System 855 M Street, Suite 1020 Fresno CA 93721

FMS-VA-2(101) Financial Services Center

PO BOX 149971

Austin TX 78714-9971

See CONTINUATION Page

REQUEST FOR QUOTE: Brand Name - UbeFlex Storage System

Pay particular attention to addendum to FAR 52.212-1 and and 52.212-2 for submission instructions and requirements.

This is a set-aside for SDVOSBs. VAAR clause 852.219-76 must be signed and submitted by the offeror with their quote or the offeror cannot be considered for award.

QUOTES ARE DUE: SEE BLOCK #8

Questions and quotes shall be submitted by email only to Edward.Hunter@va.gov and Janetra.Johnson@va.gov

See CONTINUATION Page

Edward Hunter Contracting Officer

36C26125Q0699

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

STATEMENT OF WORK (SOW)

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

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 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.3 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.4 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023)

C.5 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

C.6 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (JAN 2023)

(DEVIATION)

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

2018)

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

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

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

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JAN 2025) (DEVIATION FEB 2025)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023)

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.4 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.5 VAAR 852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY

ACCESSIBILITY NOTICE (FEB 2023)

E.6 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED

BY REFERENCE (JAN 2008)

E.7 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.9 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024) (DEVIATION

FEB 2025)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C261 Edward Hunter

Network Contracting Office (NCO) 21 VA Central California Health Care System 855 M Street, Suite 1020 Fresno CA 93721

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [x] Upon delivery and government 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

System for Award Management (SAM)

“System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services.

Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.”

STATEMENT OF WORK (SOW)

1. Background:

The VA Southern Nevada Healthcare System (VASNHS) at 6900 North Pecos Road, North Las Vegas, Nevada 89086, has a requirement for additional shelving to store our sterile vendor trays, VA owned Reusable Medical Devices and sterile peel packs for patient use. Our requirement is for an addition to the current shelving uprights.

2. Scope of Work:

The scope of work includes the following:

2.1 The delivery of the following products:

2.1.1 Desk Storage Location:

a. Three (3) cases of UBeFlex Post, Deep, 77"H x 25"D, 24" Depth Ref# 47360

b. Five (5) cases of UBeFlex Spacer Set, DIN, 12"W Ref# 47365

c. Three (3) cases of UBeFlex Roof/Bottom Panel, DIN,24"D x 12"W Ref# 47367

d. Five (5) cases of UBeFlex Runners, DIN, Turnclick (12pr/cs) Ref# 47369

e. Five (5) cases of Perfo-Safe Shelf, SS, DIN, 24" x 12" Ref# 47404

2.1.2 Peel Pack Storage Location:

a. Eight (8) UBeFlex Spacer Set, ISO, 16"W Ref# 47364

b. Four (4) UBeFlex Roof/Bottom Panel, ISO, 24"D x 16"W Ref# 47366

c. Five (5) UBeFlex Runners, ISO, Turnclick (12pr/cs) Ref# 47368

d. Seven (7) Polycarbonate Basket 4"H (24" x 16"), Closed Base Open Sides Ref# 47436

e. Three (3) Polycarbonate Divider, 4"H x 24", Long Ref# 47437

f. Three (3) Polycarbonate Divider, 4"H x 16", Short Ref# 47438

g. Two (2) Polycarbonate Basket 8"H (24" x 16"), Closed Base Open Sides Ref# 47439

h. One (1) Polycarbonate Divider, 8"H x 24", Long Ref# 47440

i. One (1) Polycarbonate Divider, 8"H x 16", Short Ref# 47441

2.2 Installation of the following products per provided design guides:

2.2.1 Desk Storage Location:

a. Three (3) cases of UBeFlex Post, Deep, 77"H x 25"D, 24" Depth Ref# 47360

b. Five (5) cases of UBeFlex Spacer Set, DIN, 12"W Ref# 47365

c. Three (3) cases of UBeFlex Roof/Bottom Panel, DIN,24"D x 12"W Ref# 47367

d. Five (5) cases of UBeFlex Runners, DIN, Turnclick (12pr/cs) Ref# 47369

e. Five (5) cases of Perfo-Safe Shelf, SS, DIN, 24" x 12" Ref# 47404 Note: Installation is under Ref# 70210357 for $1,770.00

2.2.2 Peel Pack Storage Location:

a. Eight (8) UBeFlex Spacer Set, ISO, 16"W Ref# 47364

b. Four (4) UBeFlex Roof/Bottom Panel, ISO, 24"D x 16"W Ref# 47366

c. Five (5) UBeFlex Runners, ISO, Turnclick (12pr/cs) Ref# 47368

d. Seven (7) Polycarbonate Basket 4"H (24" x 16"), Closed Base Open Sides Ref# 47436

e. Three (3) Polycarbonate Divider, 4"H x 24", Long Ref# 47437

f. Three (3) Polycarbonate Divider, 4"H x 16", Short Ref# 47438

g. Two (2) Polycarbonate Basket 8"H (24" x 16"), Closed Base Open Sides Ref# 47439

h. One (1) Polycarbonate Divider, 8"H x 24", Long Ref# 47440

i. One (1) Polycarbonate Divider, 8"H x 16", Short Ref# 47441 Note: Installation is under Ref# 70210357 for $3,5000.00 Installation includes all necessary labor and materials required to unbox, build shelving units and place shelving units in designated location within the Sterile Processing Services sterile storage area per the design guide.

3. Supplies/Services:

All items shall be completely new, and shall not be used, refurbished, recycled, or in any other form, including substitutions. The contractor shall not add or substitute any item(s) or component(s) without prior approval from the contracting officer. The contractor shall be fully licensed to perform the work.

4. Specific mandatory deliverables, tasks, and salient characteristics:

4.1 Delivery:

4.1.1 Must deliver the following items:

a. Three (3) cases of UBeFlex Post, Deep, 77"H x 25"D, 24" Depth Ref# 47360

b. Five (5) cases of UBeFlex Spacer Set, DIN, 12"W Ref# 47365

c. Three (3) cases of UBeFlex Roof/Bottom Panel, DIN,24"D x 12"W Ref# 47367

d. Five (5) cases of UBeFlex Runners, DIN, Turnclick (12pr/cs) Ref# 47369

e. Five (5) cases of Perfo-Safe Shelf, SS, DIN, 24" x 12" Ref# 47404

f. Eight (8) UBeFlex Spacer Set, ISO, 16"W Ref# 47364

g. Four (4) UBeFlex Roof/Bottom Panel, ISO, 24"D x 16"W Ref# 47366

h. Five (5) UBeFlex Runners, ISO, Turnclick (12pr/cs) Ref# 47368

i. Seven (7) Polycarbonate Basket 4"H (24" x 16"), Closed Base Open Sides Ref# 47436

j. Three (3) Polycarbonate Divider, 4"H x 24", Long Ref# 47437

k. Three (3) Polycarbonate Divider, 4"H x 16", Short Ref# 47438

l. Two (2) Polycarbonate Basket 8"H (24" x 16"), Closed Base Open Sides Ref# 47439

m. One (1) Polycarbonate Divider, 8"H x 24", Long Ref# 47440

n. One (1) Polycarbonate Divider, 8"H x 16", Short Ref# 47441

4.1.2 Must install:

a. Three (3) cases of UBeFlex Post, Deep, 77"H x 25"D, 24" Depth Ref# 47360

b. Five (5) cases of UBeFlex Spacer Set, DIN, 12"W Ref# 47365

c. Three (3) cases of UBeFlex Roof/Bottom Panel, DIN,24"D x 12"W Ref# 47367

d. Five (5) cases of UBeFlex Runners, DIN, Turnclick (12pr/cs) Ref# 47369

e. Five (5) cases of Perfo-Safe Shelf, SS, DIN, 24" x 12" Ref# 47404

f. Eight (8) UBeFlex Spacer Set, ISO, 16"W Ref# 47364

g. Four (4) UBeFlex Roof/Bottom Panel, ISO, 24"D x 16"W Ref# 47366

h. Five (5) UBeFlex Runners, ISO, Turnclick (12pr/cs) Ref# 47368

i. Seven (7) Polycarbonate Basket 4"H (24" x 16"), Closed Base Open Sides Ref# 47436

j. Three (3) Polycarbonate Divider, 4"H x 24", Long Ref# 47437

k. Three (3) Polycarbonate Divider, 4"H x 16", Short Ref# 47438

l. Two (2) Polycarbonate Basket 8"H (24" x 16"), Closed Base Open Sides Ref# 47439

m. One (1) Polycarbonate Divider, 8"H x 24", Long Ref# 47440

n. One (1) Polycarbonate Divider, 8"H x 16", Short Ref# 47441

4.1.3 Contractor must dispose of all associated pallets, carboard, shipping material and supplies associated with the installation. EVS (Environmental Services) can provide a disposal bin for use to dispose of carboard boxes. The facility has a recycling bin and trash at the loading dock area.

4.2 Installation:

4.2.1 Installation consists of the following built to specifications provided:

a. Three (3) cases of UBeFlex Post, Deep, 77"H x 25"D, 24" Depth Ref# 47360

b. Five (5) cases of UBeFlex Spacer Set, DIN, 12"W Ref# 47365

c. Three (3) cases of UBeFlex Roof/Bottom Panel, DIN,24"D x 12"W Ref# 47367

d. Five (5) cases of UBeFlex Runners, DIN, Turnclick (12pr/cs) Ref# 47369

e. Five (5) cases of Perfo-Safe Shelf, SS, DIN, 24" x 12" Ref# 47404

f. Eight (8) UBeFlex Spacer Set, ISO, 16"W Ref# 47364

g. Four (4) UBeFlex Roof/Bottom Panel, ISO, 24"D x 16"W Ref# 47366

h. Five (5) UBeFlex Runners, ISO, Turnclick (12pr/cs) Ref# 47368

i. Seven (7) Polycarbonate Basket 4"H (24" x 16"), Closed Base Open Sides Ref# 47436

j. Three (3) Polycarbonate Divider, 4"H x 24", Long Ref# 47437

k. Three (3) Polycarbonate Divider, 4"H x 16", Short Ref# 47438

l. Two (2) Polycarbonate Basket 8"H (24" x 16"), Closed Base Open Sides Ref# 47439

m. One (1) Polycarbonate Divider, 8"H x 24", Long Ref# 47440

n. One (1) Polycarbonate Divider, 8"H x 16", Short Ref# 47441 Installation includes all necessary labor and materials required to unbox, build shelving units and place shelving units in designated location within the Sterile Processing Services sterile storage area per the design guide.

4.2.2 Installation is to be performed by the Contractor or their contracted representative during facility business hours, Monday through Friday 8am to 5pm unless a change is determined by the Sterile Processing Services POC not to affect the current flow of work being performed and potentially impacting patient care. If deemed necessary, SPS Leadership will adjust their Tour of Duty to accommodate the installation outside of business hours to reduce the impact to patient care and workflow.

4.2.3 The Contractor or their Contracted representative will need to follow the VA policy for Vendor check-in through the authorized vendor tracking system, O.R. Trax. Registration and the upload of required credentials will be through https://app.ortrax.com Once registration is completed, a badge device will be shipped to the selected mailing address and a digital copy will be emailed. Once you arrive at the facility, you will clock in by scanning the QR code on the O.R.

TRAX clock-in sign located at each entrance.

5. System Support Services:

5.1 Contractor or their authorized representative will be available for any trouble shooting issues via an assigned sales rep and/or Customer Service.

6. Delivery:

6.1 Delivery will be coordinated between the VA POC or designee and Contractor or their authorized representative.

6.2 Deliveries will not be made to VASNHS until coordination has been established.

https://app.ortrax.com/

6.3 VASNHS reserves the right to deny delivery until agreed upon by the VA POC or designee and the contractor.

7. Packaging:

7.1 All items shall be marked clearly with the order number, obligation number, POC, and delivery location within the hospital (e.g. Sterile Processing Services).

7.2 All items shall be adequately packaged to prevent damage during shipping, handling, and storage. Bags or boxes or containers shall be whole, intact, and not otherwise torn or damaged.

7.3 Upon delivery, the Government shall examine all packages. The contractor shall be required to replace damaged products at the contractor’s expense.

8. Administrative Data:

8.1 Contractor’s POC: The contractor shall designate one (1) employee as the POC responsible for administrative matters in the performance of this contract. The POC shall have full authority to act for the contractor on all matters relating to the daily performance of this contract. An alternate may be designated, but the contractor shall notify the contracting officer and VA POC, in writing for those times when the alternate shall act as the POC.

The contractor shall provide the name and telephone number of the person designated as the POC and the alternate POC in the spaces below:

POC

Name:

Telephone Number:

FAX Number:

Email Address:

Alternate POC Name:

Telephone Number:

FAX Number:

Email Address:

8.2 Hours of Work:

10.2.1 The Contractor’s POC will coordinate with the VASNHS Warehouse to determine the appropriate hours for receiving of the contracted goods. Current information as of 3/7/2025:

VAMC: 6900 North Pecos Road, North Las Vegas, NV 89086 Phone: (702) 791-9000 Ext 14558 or 13599

Delivery Hours: Monday - Friday 8:00 A.M. - 3:00 P.M.

Business Open: 7:30 A.M. - 4:00 P.M.

CLOSED: NATIONAL HOLIDAYS

8.3 Identification (ID) Badges:

10.3.1 The Contractor or their authorized representative will need to follow the VA policy for Vendor check-in through the authorized vendor tracking system, O.R. Trax. Registration and the upload of required credentials will be through https://app.ortrax.com Once registration is completed, a badge device will be shipped to the selected mailing address and a digital copy will be emailed. Once you arrive at the facility, you will clock in by scanning the QR code on the O.R.

TRAX clock-in sign located at each entrance.

8.4 Clean-up and Storage:

8.4.1 No storage will be authorized for the Contractor. All clean-up is to be performed during and after installation. Contractor or their contracted representative will be responsible for the removal and disposal of all debris associated with the shipping and installation of the new shelving. The Contractor or their authorized representative will be responsible for disposing trash and recycling by the provided EVS trash receptacle.

8.5 Parking:

10.5.1 There is no designated vendor parking on-site. Steris or their contracted staff are to follow VASNHS Medical Center Policy, MCP 07B-18 regarding parking at the VA Medical Center.

9. Security Requirements:

9.1 SOW is for the installation of purchased shelving. VA information is not collected or stored.

The Contractor or its contracted representatives shall not have access to VA sensitive or computer information and will not require routine access to VA Facilities. The contracted employees shall require intermittent access only and will be escorted by VA employees while at any VA Facilities. No background investigation is required.

https://app.ortrax.com/

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3.00 EA __________________ __________________

UBeFlex Post, Deep, 77"H x 25"D, 24" Depth Belintra-Desk Area 2 - 5 DIN Instrumentation Columns w/ Wire Shelving Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 47360

5.00 EA __________________ __________________

UBeFlex Spacer Set, DIN, 12"W -Belintra-Desk Area 2 - 5 DIN Instrumentation Columns w/ Wire Shelving Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

MANUFACTURER PART NUMBER (MPN): 47365

UBeFlex Roof/Bottom Panel, DIN, 24"D x 12"W -Belintra-Desk Area 2 - 5 DIN Instrumentation Columns w/ Wire Shelving Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

MANUFACTURER PART NUMBER (MPN): 47367

UBeFlex Runners, DIN, Turnclick (12pr/cs) - Belintra-Desk Area 2 - 5 DIN Instrumentation Columns w/ Wire Shelving Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

MANUFACTURER PART NUMBER (MPN): 47369

Perfo-Safe Shelf, SS, DIN, 24" x 12" -Belintra-Desk Area 2 - 5 DIN Instrumentation Columns w/ Wire Shelving Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

MANUFACTURER PART NUMBER (MPN): 47404

1.00 EA __________________ __________________

BELINTRA UNIT ASSEMBLY CHARGE PLATINUM -Belintra-Desk Area 2 - 5 DIN Instrumentation Columns w/ Wire Shelving Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

MANUFACTURER PART NUMBER (MPN): 70210357

UBeFlex Post, Deep, 77"H x 25"D, 24" Depth -Belintra- VA Southern Nevada - 8 ISO Columns for Supply Storage Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

MANUFACTURER PART NUMBER (MPN): 47360

8.00 EA __________________ __________________

UBeFlex Spacer Set, ISO, 16"W -Belintra- VA Southern Nevada - 8 ISO Columns for Supply Storage Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

MANUFACTURER PART NUMBER (MPN): 47364

4.00 EA __________________ __________________

UBeFlex Roof/Bottom Panel, ISO, 24"D x 16"W -Belintra- VA Southern Nevada - 8 ISO Columns for Supply Storage Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

MANUFACTURER PART NUMBER (MPN): 47366

UBeFlex Runners, ISO, Turnclick (12pr/cs) -Belintra- VA Southern Nevada - 8 ISO Columns for Supply Storage Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

MANUFACTURER PART NUMBER (MPN): 47368

7.00 EA __________________ __________________

Polycarbonate Basket 4"H (24" x 16"), Closed Base Open Sides - Belintra- VA Southern Nevada - 8 ISO Columns for Supply Storage Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

MANUFACTURER PART NUMBER (MPN): 47436

Polycarbonate Divider, 4"H x 24", Long -Belintra- VA Southern Nevada - 8 ISO Columns for Supply Storage Contract Period: Base

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

MANUFACTURER PART NUMBER (MPN): 47437

Polycarbonate Divider, 4"H x 16", Short -Belintra- VA Southern Nevada - 8 ISO Columns for Supply Storage Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

MANUFACTURER PART NUMBER (MPN): 47438

2.00 EA __________________ __________________

Polycarbonate Basket 8"H (24" x 16"), Closed Base Open Sides - Belintra- VA Southern Nevada - 8 ISO Columns for Supply Storage Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

MANUFACTURER PART NUMBER (MPN): 47439

Polycarbonate Divider, 8"H x 24", Long -Belintra- VA Southern Nevada - 8 ISO Columns for Supply Storage Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

MANUFACTURER PART NUMBER (MPN): 47440

Polycarbonate Divider, 8"H x 16", Short --Belintra- VA Southern Nevada - 8 ISO Columns for Supply Storage

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

MANUFACTURER PART NUMBER (MPN): 47441

BELINTRA UNIT ASSEMBLY CHARGE PLATINUM -Belintra- VA Southern Nevada - 8 ISO Columns for Supply Storage Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

MANUFACTURER PART NUMBER (MPN): 70210357

GRAND TOTAL __________________

B.3 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY DELIVERY DATE

0001-

SHIP TO: Department of Veterans Affairs VA Southern Nevada Health Care System 6900 North Pecos Road N.

North Las Vegas, NV 89086

USA

ALL ____________________

MARK FOR: TBD

FOB: DESTINATION

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 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):

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

(End of Clause)

FAR

Number

Title Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS NOV 2023

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 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.4 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB

2023)

(a) No used, refurbished, or remanufactured supplies or equipment/parts shall be provided.

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

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

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

C.5 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

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

(1) Means a small business concern—

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

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

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

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

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

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

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

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

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

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

https://veterans.certify.sba.gov/

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

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

(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only certified SDVOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible and certified SDVOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70.

(d) Agreement/LOS certification. When awarded a contract action, including orders under multipleaward contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size, and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting (LOS) requirements in 13 CFR 121.406(b) and 13 CFR 125.6. For the purpose of limitations on subcontracting, only certified SDVOSBs listed in the SBA certification database (including independent contractors) shall be considered eligible and/or ‘‘similarly situated’’ (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required LOS certification requirements in this solicitation (see 852.219–75 or 852.219–76 as applicable). These requirements are summarized as follows:

(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not certified SDVOSBs listed in the SBA certification database (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/ VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases). When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(2) Supplies/products.

(i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(ii) In the case of a contract for supplies from a non-manufacturer, the SDVOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted. Refer to 13 CFR 125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.

(3) General construction. In the case of a contract for general construction, the SDVOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database.

(4) Special trade construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, may be paid to firms that are not certified SDVOSBs listed in the SBA certification database.

(5) Subcontracting. An SDVOSB subcontractor must meet the NAICS size standard assigned by the prime contractor and be certified and listed in…