RFQ 36C26226Q1212.docx

36C26226Q1212

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

664-26-4-3377-0391 36C26226Q1212 08-05-2026 Anthony Dela Cruz 562-766-2284 08-19-2026 7:00 am

PDT

36C262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815 X X 339112 1000 Employees

NET 30

N/A X 36C664 Department of Veterans Affairs VA San Diego Healthcare System Jennifer Moreno Medical Center 3350 La Jolla Village Drive San Diego CA 92161-0002 36C262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

Department of Veterans Affairs Financial Services Center Submit invoices electronically to:

https://www.tungsten-network.com Tungsten support: 1-877-489-6135 See CONTINUATION Page

THIS REQUIREMENT IS SMALL BUSINESS SET-ASIDE FOR COMPETITION

IN THE OPEN MARKET IN ACCORDANCE WITH (IAW) REVOLUTIONARY

FAR OVERHAUL PART 19 SMALL BUSINESS SET-ASIDE

PROCEDURES

ONLY OF

F

ERS FROM SMALL BUSINESS CONCERN WILL BE CONSIDERED

FOR AWARD.

Brand name or equal requirement for Ergonomic Workstations IAW B.2 and B.3.

There is no waiver for NAICS 339112 descriptor Surgical and Medical Instrument Manufacturing.

Award will be made IAW ADDENDUM to FAR 52.212-1 INSTRUCTIONS

TO OFFERORS – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES,

and FAR 52.212-2 EVALUATION-COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES.

UPDATE: February 20, 2026 https://www.acquisition.gov/far-overhaul/ See CONTINUATION Page Anthony Dela Cruz

VA-VHA-RPOW-2024-0101

Table of Contents

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 36C262 Anthony.DelaCruz@va.gov 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:

3. INVOICES: Invoices shall be submitted in arrears:

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.

Submit invoices electronically to:

https://portal.tungsten-network.com/

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

BRAND NAME OR EQUAL. CONTRACTOR MUST PROVIDE MANUFACTURER PART NUMBER FOR ALL EQUAL TO BRAND NAME ITEMS.

Ergonomic WorkStation is designed to enhance the packaging of instruments and instrument sets in reprocessing areas. Electro-mechanical height-adjustability allows users to find the most comfortable standing or sitting height during work. Features include: push button lifters to adjust work height and enable easy maintenance; 8 electrical outlets for wiring additional equipment. QTY 1, 60”L x 32”W height-adjustable workstation.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): PS-ERGTB-HA-6032

BRAND NAME OR EQUAL. CONTRACTOR MUST PROVIDE MANUFACTURER PART NUMBER FOR ALL EQUAL TO BRAND NAME ITEMS.

Table Pegboards organize and store a customized set of reprocessing tools and supplies within safe and ergonomic reach for the technician or nurse. Can also organize electric cords away from wet or crowded areas. Features include: height adjustable with the table; a variety of optional organizing accessories. QTY 1, 60”L x 24”H table pegboard, standard pegs throughout.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): PS-TB-PB-6024-S

BRAND NAME OR EQUAL. CONTRACTOR MUST PROVIDE MANUFACTURER PART NUMBER FOR ALL EQUAL TO BRAND NAME ITEMS.

Printer shelf mounted to underside of tables for easy access and mounting of small profile printers, such as Zebra printers.

12.5" x 19" x 12" QTY 1, printer shelf.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): PS-TB-PRINTSHLF-1212

BRAND NAME OR EQUAL. CONTRACTOR MUST PROVIDE MANUFACTURER PART NUMBER FOR ALL EQUAL TO BRAND NAME ITEMS.

EZ Slide Scale is a pull-out scale that allows technicians to weight trays, instruments and items during packaging and assembly. The EZ Slide Scale helps prevents over-packing or exceeding weight limits, improving technician ergonomics, ensuring compliance guidelines, reducing dry time after sterilization, monitoring vendor tray weights, and enhancing overall packaging compliance. Includes digital readout of weights. The scale can count, hold, tare and print weights for dynamic weighing activities. The scale can easily be calibrated for pounds or kilograms. Scale is 10"L x 10"D. Display dimensions are 9"L x 8.5"H x 3"D.

QTY 1 built-in, pull-out scale for Ergonomic WorkStations.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): PS-ERGTB-EZ-SCALE

BRAND NAME OR EQUAL. CONTRACTOR MUST PROVIDE MANUFACTURER PART NUMBER FOR ALL EQUAL TO BRAND NAME ITEMS.

Hughes Seal & Stow Heat Sealer Shelf is a ergonomic & space saving solution for staging large, heavy heat sealers off of countertops. Heat sealers can be staged onto a collapsible shelf that sits on the underside of the table. When needed, the shelf can be brought to table-level for use. When a heat sealer isn't required, the shelf can collapse hands-free to store the heat sealer. 21.5"D x 16"W. Heat sealer not included. QTY 1 Heat Sealer Shelf.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): PS-TB-HEATSEALSLF

BRAND NAME OR EQUAL. CONTRACTOR MUST PROVIDE MANUFACTURER PART NUMBER FOR ALL EQUAL TO BRAND NAME ITEMS.

The PureSteel Table Light Hood provides lighting on sink pegboards for optimal visualization of surfaces and soils.

2' in length. QTY 1.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): T-TB-PB-HOOD-02

BRAND NAME OR EQUAL. CONTRACTOR MUST PROVIDE MANUFACTURER PART NUMBER FOR ALL EQUAL TO BRAND NAME ITEMS.

4.75x Magnification Task Light provides sterile processing and gastroenterology professionals with enhanced magnification capabilities for external visual inspection capabilities. The task light features 2 different glass lenses that are easily swapped to match the magnification to the task or IFU (a 4.75x and 2.25x magnification lens). The task light features touch-sensitive brightness controls and a spring-balanced arm for easy adjustment & control. Includes a c-clamp and L-bracket for mounting, but does not include hardware. QTY 1 task light, 1, 4.75x lens, and 1, 2.25x lens.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): PS-LGHT-475X

BRAND NAME OR EQUAL. CONTRACTOR MUST PROVIDE MANUFACTURER PART NUMBER FOR ALL EQUAL TO BRAND NAME ITEMS.

Lighted Shelves provide a stainless steel shelf option for mounting accessories on prep and pack tables or sinks. Built-in lighting also enhances inspection and fine detail work. QTY 1, 24"x12" shelf with built-in LED light bar. Features 1.5" back splash.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): PS-SLF-LGHT-24x12

BRAND NAME OR EQUAL. CONTRACTOR MUST PROVIDE MANUFACTURER PART NUMBER FOR ALL EQUAL TO BRAND NAME ITEMS.

Peel Pouch Rack vertically organizes stacks of pre-cut peel pouch packets on a back wall shelf. Must be used on a flat surface or shelf. 20.5"x6"x6" size. 2.5" spacing. QTY 1 peel pouch rack with 8 slots.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): PS-PPRS-08

BRAND NAME OR EQUAL. CONTRACTOR MUST PROVIDE MANUFACTURER PART NUMBER FOR ALL EQUAL TO BRAND NAME ITEMS.

Prep and Pack Organization Rail lets users hang peel pouch rolls, stickers, and other sterilization materials on a rail for easy dispensing and refilling. Includes a built-in light. QTY 1, 26"L rail shelf.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): PS-TB-RAIL

BRAND NAME OR EQUAL. CONTRACTOR MUST PROVIDE MANUFACTURER PART NUMBER FOR ALL EQUAL TO BRAND NAME ITEMS.

Wall mounted rail for PureSteel Plastic Shelf Bins. Allows flexible installation and management of bins on pegboards and walls.

QTY 1, wall mounted rail. 24"L x 3"H.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): PS-PSBR-24x3

BRAND NAME OR EQUAL. CONTRACTOR MUST PROVIDE MANUFACTURER PART NUMBER FOR ALL EQUAL TO BRAND NAME ITEMS.

Plastic shelf bins that hang to PureSteel pegboards and organize tools and accessories at an easy to reach height. Clear color with a clear lid to prevent dust and lint from entering.

QTY 1, plastic shelf bin w/lid.

Actual dimensions 5 1/2"W x 10 7/8"L x 5 1/4"H Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): PS-PSB-4x10.87x5

BRAND NAME OR EQUAL. CONTRACTOR MUST PROVIDE MANUFACTURER PART NUMBER FOR ALL EQUAL TO BRAND NAME ITEMS.

Plastic shelf bins that hang to PureSteel pegboards and organize tools and accessories at an easy to reach height.

QTY 1, plastic shelf bin. 5.5"W x 11"L x 5"H Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): PS-PSB-5.5x11x5

BRAND NAME OR EQUAL. CONTRACTOR MUST PROVIDE MANUFACTURER PART NUMBER FOR ALL EQUAL TO BRAND NAME ITEMS.

Shelves help organize and mount reprocessing equipment to pegboards requiring flat-bottom support, including: leak testers, heat sealers, suction pumps, drying aids, and other similar accessories. QTY 1, 14"x12x1.5" Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): PS-SLF-141215

BRAND NAME OR EQUAL. CONTRACTOR MUST PROVIDE MANUFACTURER PART NUMBER FOR ALL EQUAL TO BRAND NAME ITEMS.

Tape Dispenser mounts rolls of sterilization indicator tape directly onto a backwall, pegboard, or any wall to clear up counter space. Great for installation at assembly tables. QTY 1 tape dispenser for backwalls, pegboards, or wall mounting.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): PS-TAPEDS

BRAND NAME OR EQUAL. CONTRACTOR MUST PROVIDE MANUFACTURER PART NUMBER FOR ALL EQUAL TO BRAND NAME ITEMS.

The Ergotron® Wall Mounted Keyboard and Monitor Arm organizes keyboards, computer mice, handheld scanners, and computer monitors at an appropriate, ergonomic height for every user. The Keyboard Arm is ideal for tight areas with built-in flexibility for wrist, arm, and height adjustment. The back tilt keyboard tray also removes pinch points during work.

QTY 1 Wall Mounted Keyboard and Monitor Mount System.

Does not include monitors, keyboards, scanners, or additional items.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): PC-VS-ARM-S-KYBD

BRAND NAME OR EQUAL. CONTRACTOR MUST PROVIDE MANUFACTURER PART NUMBER FOR ALL EQUAL TO BRAND NAME ITEMS.

The Ergotron® VESA Scanner Shelf provides a platform shelf for placing wireless scanners or accessories alongside monitor screens. Holds up to 1.5 lbs.

QTY 1 scanner mount. Includes mounting brackets Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): PC-VS-VSS

BRAND NAME OR EQUAL. CONTRACTOR MUST PROVIDE MANUFACTURER PART NUMBER FOR ALL EQUAL TO BRAND NAME ITEMS.

Factory assembly of back walls and/or pegboards, accessories, electrical wiring and channeling, and product assembly. Final polish and cleaning included. Factory assembly does not include final connections, removal of pre-existing systems or equipment, or moving equipment into place.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): PS-ASSEMBLY-T3

BRAND NAME OR EQUAL. CONTRACTOR MUST PROVIDE MANUFACTURER PART NUMBER FOR ALL EQUAL TO BRAND NAME ITEMS.

Deinstallation of 13 existing workstations and prep & pack tables from department.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): DEINSTALL-TABLES

B.3 SALIENT CHARACTERISTICS

Brand Name Item: PureSteel Ergonomic Workstation

1) Essential/significant physical, functional, or performance characteristics.

Workstation:

· Must be made of 304 Gauge Stainless: And have 2.5" thick table top for durability

· Must have a durable back splash: 8"x4"

· Must have organizational pegboard Wall attached to workstation table that moves up and down to adjust to staff height

· Must have organizational pegboards to reduce clutter (supplies, cords) in working space, and allows all working tools to be within reach for optimal productivity (monitor mount, bin and bin rail, task light, peel pouch shelf and storage shelves)

· Must have heat sealer shelf stored under the table to allow more workable area on top of table for productivity

· Must have overhead hood lights attached to top of pegboards

· Must have EZ slide pull-out scale that allows technicians to weigh trays, instruments, and items during packaging and assembly to help prevent exceeding weight limits

· Must have tape dispenser that stores and protects sterilization tape from exposure to lighting.

· Must have a 4.75X Magnification Task Light that meets 4x magnification requirements

· Must have cord management pegboards feature to conceal cords and must use only one GFCI outlet for the entire unit

· Must have easy cleaning, height-adjustable bottom shelves allowing for effortless cleaning under the table which is required weekly

· Must have built-in GFCI-protected electrical box includes 8 outlets for equipment with electrical and mechanical grounding, plus a resettable circuit breaker for overload protection (eliminating unsafe under-table power strips)

· Must have Stainless Steel Construction Tables made from a single solid piece of 304-gauge stainless steel—no welded joints that can weaken or create uneven surfaces, ensuring durability and infection control

· A Representative must be on-site to help uncrate, oversee installation, and perform in-servicing on equipment purchased Compatibility – Pure Processing Pure Steel Ergonomic Workstations Purpose – To be use in the Sterile Processing Service Prep Area for assembling of Reusable Medical Devices Trays and Instruments.

2) Complete generic identification – Medical Grade Ergonomic Preparation Workstations

3) Applicable model/make/catalog number – The PureSteel Ergonomic WorkStation/ PS-ERGTB-HA-6032

4) Manufacturer name – Pure Processing

5) Warranty- Must have 3-year extended warranty on electro-mechanical lifter warranty on height-adjustable workstation Per VAAR 811.104 and 811.105, I certify the following regarding the above information:

The salient characteristics listed above are essential to the Government’s requirements.

To my knowledge, the restrictions listed above will not limit the acquisition to an item peculiar to one manufacturer.

Name: Marcia Brown 36C26226Q1212

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) 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.

(c) 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.

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

(e) 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 FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(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. Examples of occurrences include 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. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(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) 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 that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) 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;

(D) Contractor point of contact; and

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

(5) 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 FAR part 33 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 FAR part 32).

(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 termination for cause.

(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 for interest credits prescribed in FAR part 32 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 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. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. 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 under this contract 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) 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; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.

(r) 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 Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract,

(5) Solicitation provisions incorporated in the solicitation.

(6) Other paragraphs of this clause.

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(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 (s)(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.

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This clause does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(u) 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 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within . Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

(End of Clause)

C.3 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2025) (DEVIATION)

(a) Definition. Small business concern, as used in this clause—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(2) Affiliates, as used in paragraph (a)(1) of this clause, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) Applicability. This clause applies only to-

(1) Contracts that have been set aside for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.4 and 16.5.

(c) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(End of Clause)

C.4 52.219-14 LIMITATIONS ON SUBCONTRACTING (NOV 2025) (DEVIATION)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with sections 19.105, 19.106, 19.107, and 19.108;

(4) Orders expected to exceed the simplified acquisition threshold and that are set aside for small business concerns under multiple-award contracts, as described in 8.4 and 16.5;

(5) Orders, regardless of dollar value, that are set aside in accordance with sections 19.105, 19.106, 19.107, and 19.108 under multiple-award contracts, as described in 8.4 and 16.5; and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for—

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause— [] By the end of the base term of the contract and then by the end of each subsequent option period; or [] By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.

(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.

(End of Clause)

C.5 52.219-33 NONMANUFACTURER RULE (NOV 2025) (DEVIATION)

(a) Definitions. As used in this clause— Manufacturer means the concern that transforms raw materials, miscellaneous parts, or components into the end item. Concerns that only minimally alter the item being procured do not qualify as manufacturers of the end item. Concerns that add substances, parts, or components to an existing end item to modify its performance will not be considered the end item manufacturer, where those identical modifications can be performed by and are available from the manufacturer of the existing end item.

Nonmanufacturer means a concern, including a supplier, that provides an end item it did not manufacture, process, or produce.

(b) Applicability.

(1) This clause does not apply to contracts awarded pursuant to the unrestricted portion of a partial set-aside or to a contractor that is the manufacturer of the product or end item.

(2) This clause applies to—

(i) Contracts that have been awarded pursuant to a set-aside for any of the small business concerns identified in 19.000(a)(3);

(ii) Contracts that have been awarded on a sole-source basis in accordance with sections 19.105, 19.106, 19.107, and 19.108;

(iii) Orders expected to exceed the simplified acquisition threshold and that are set aside for small business under multiple-award contracts, as described in 8.4 and 16.5;

(iv) Orders, regardless of dollar value, that are set aside in accordance with sections 19.105, 19.106, 19.107, and 19.108 under multiple-award contracts as described in 8.4 and 16.5; and

(v) Contracts using the HUBZone price evaluation preference to award to a HUBZone concern unless the Contractor waived the evaluation preference.

(c) Requirements.

(1) The Contractor shall—

(i) Provide an end item that a small business has manufactured, processed, or produced in the United States or its outlying areas; for kit assemblers who are nonmanufacturers, see paragraph (c)(2) of this clause instead;

(ii) Be primarily engaged in the retail or wholesale trade and normally sell the type of item being supplied; and

(iii) Take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice; for example, providing storage, transportation, or delivery.

(2) When the end item being acquired is a kit of supplies, at least 50 percent of the total cost of the components of the kit shall be manufactured, processed, or produced in the United States or its outlying areas by small business concerns.

(End of Clause)

C.6 52.225-1 BUY AMERICAN—SUPPLIES (NOV 2025) (DEVIATION)

(a) Definitions. As used in this clause— Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is–

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

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

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

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

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

Cost of components means—

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

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

Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105.

Domestic end product means—

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

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

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

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

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

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

End product…