RFQ - SF1449 - 36C24226Q0574 - Workbench Station.docx

36C24226Q0574

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

528-26-3-4403-0008

Erskine Shoulars

212.686.7500 ext. 8844 06-08-2026

12 PM

EDT

36C242 Department of Veterans Affairs Network Contracting Office 2 James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx NY 10468-3904

X

339113 800 Employees

N/A

See Delivery Schedule

36C242 Department of Veterans Affairs James J. Peters VA Medical Center Network Contracting Office 2 130 West Kingsbridge Road Bronx NY 10468-3904

Tungsten Network https://www.tungsten-network.com/ customer-campaigns/veteransaffairs/

See CONTINUATION Page This Request for Quote (RFQ) is for Work Bench Stations for the Buffalo VA Medical Center.

For item details, see Price / Cost Schedule & Schedule of item(s).

To be considered, please complete the Price / Cost Schedule, provide a separate quote with part number(s) and sign sections 30a, 30b, & 30c.

Please read section 52.212-1 carefully.

***Please provide a delivery date with your quote and a authorized distribution memo/letter.***

Please provide a distribution letter/memo with your bid response. Any questions must be submitted by June 3rd @ 12PM.

See CONTINUATION Page

Erskine Shoulars Contracting Officer

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 36C242 Department of Veterans Affairs Network Contracting Office 2 James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx, NY 10468-3904

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.

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

B.2 PRICE/COST SCHEDULE

Part #: PSSTOP-72X30/INV

STAIN.OVER P-TOP/INVERTED TOP D. GRAY

PRINCIPAL NAICS CODE: 337127 - Institutional Furniture Manufacturing PRODUCT/SERVICE CODE: 7125 - Cabinets, Lockers, Bins, and Shelving

MANUFACTURER PART NUMBER (MPN): PSSTOP-72X30/INV

LOCAL STOCK NUMBER: PSSTOP-72X30/INV

Part #: Factory Assembly Factory Assembly of Bench Top Down PRINCIPAL NAICS CODE: 337127 - Institutional Furniture Manufacturing PRODUCT/SERVICE CODE: 7125 - Cabinets, Lockers, Bins, and Shelving MANUFACTURER PART NUMBER (MPN): Factory Assembly LOCAL STOCK NUMBER: Factory Assembly

Part #: ALE/R7230 Align Motorized Base 72 x 30

L-PE-MG-BGT BLUE

PRINCIPAL NAICS CODE: 337127 - Institutional Furniture Manufacturing PRODUCT/SERVICE CODE: 7125 - Cabinets, Lockers, Bins, and Shelving

MANUFACTURER PART NUMBER (MPN): ALE/R7230

LOCAL STOCK NUMBER: ALE/R7230

Part #: AL-F/OS-RJ30-L/R

ALIGN FEET OFFSET (PR)

L-PE-MG-BGT BLUE

PRINCIPAL NAICS CODE: 337127 - Institutional Furniture Manufacturing PRODUCT/SERVICE CODE: 7125 - Cabinets, Lockers, Bins, and Shelving

MANUFACTURER PART NUMBER (MPN): AL-F/OS-RJ30-L/R

LOCAL STOCK NUMBER: AL-F/OS-RJ30-L/R

Part #: AL/CAST5X1-OF

ALIGN OFFSET CASTER ASSEMBLY

PRINCIPAL NAICS CODE: 337127 - Institutional Furniture Manufacturing PRODUCT/SERVICE CODE: 7125 - Cabinets, Lockers, Bins, and Shelving

MANUFACTURER PART NUMBER (MPN): AL/CAST5X1-OF

LOCAL STOCK NUMBER: AL/CAST5X1-OF

Part #: ALBS/F-7216

ALIGN BOTTOM SHELF (FIXED)

L-PE-MG-BGT BLUE

PRINCIPAL NAICS CODE: 337127 - Institutional Furniture Manufacturing PRODUCT/SERVICE CODE: 7125 - Cabinets, Lockers, Bins, and Shelving

MANUFACTURER PART NUMBER (MPN): ALBS/F-7216

LOCAL STOCK NUMBER: ALBS/F-7216

CRT-S/ALN-72

PRINCIPAL NAICS CODE: 337127 - Institutional Furniture Manufacturing PRODUCT/SERVICE CODE: 7125 - Cabinets, Lockers, Bins, and Shelving

MANUFACTURER PART NUMBER (MPN): CRT-S/ALM-72

LOCAL STOCK NUMBER: CRT-S/ALM-72

Part #: NXF/RM3648-EXT

NEXUS REAR MOUNT EXTENDED FRAMES

L-PE-MG-BGT BLUE

PRINCIPAL NAICS CODE: 337127 - Institutional Furniture Manufacturing PRODUCT/SERVICE CODE: 7125 - Cabinets, Lockers, Bins, and Shelving

MANUFACTURER PART NUMBER (MPN): NXF/RM3648-EXT

LOCAL STOCK NUMBER: NXF/RM3648-EXT

Part #: NXF/RM3648A

NEXUS ADDER FRAME 36W X 48H

L-PE-MG-BGT BLUE

PRINCIPAL NAICS CODE: 337127 - Institutional Furniture Manufacturing PRODUCT/SERVICE CODE: 7125 - Cabinets, Lockers, Bins, and Shelving

MANUFACTURER PART NUMBER (MPN): NXF/RM3648A

LOCAL STOCK NUMBER: NXF/RM3648A

Part #: NX/OHL-R72/4-LED

NEXUS OH LIGHT WITH RAIL-56/4 LED BULB

L-PE-MG-BGT BLUE

PRINCIPAL NAICS CODE: 337127 - Institutional Furniture Manufacturing PRODUCT/SERVICE CODE: 7125 - Cabinets, Lockers, Bins, and Shelving

MANUFACTURER PART NUMBER (MPN): NX/OHL-R72/4-LED

LOCAL STOCK NUMBER: NX/OHL-R72/4-LED

Part #: NX/OHL-TR/BRK30

NEXUS OHL/TR EXTENSION SUPPORT 30

L-PE-MG-BGT BLUE

PRINCIPAL NAICS CODE: 337127 - Institutional Furniture Manufacturing PRODUCT/SERVICE CODE: 7125 - Cabinets, Lockers, Bins, and Shelving

MANUFACTURER PART NUMBER (MPN): NX/OHL-TR/BRK30

LOCAL STOCK NUMBER: NX/OHL-TR/BRK30

Part #: NXS/A3612L

NEXUS ADJUSTABLE SHELF

L-PE-MG-BGT BLUE

PRINCIPAL NAICS CODE: 337127 - Institutional Furniture Manufacturing PRODUCT/SERVICE CODE: 7125 - Cabinets, Lockers, Bins, and Shelving

MANUFACTURER PART NUMBER (MPN): NXS/A3612L

LOCAL STOCK NUMBER: NXS/A3612L

Part #: NXHPS/36-15GF

NEXUS POWER RAIL

L-PE-MG-BGT BLUE

PRINCIPAL NAICS CODE: 337127 - Institutional Furniture Manufacturing PRODUCT/SERVICE CODE: 7125 - Cabinets, Lockers, Bins, and Shelving

MANUFACTURER PART NUMBER (MPN): NXHPS/36-15GF

LOCAL STOCK NUMBER: NXHPS/36-15GF

Part #: NXRMT/3630

NEXUS MARKERBOARD / TACKBOARD

L-PE-MG-BGT BLUE

PRINCIPAL NAICS CODE: 337127 - Institutional Furniture Manufacturing PRODUCT/SERVICE CODE: 7125 - Cabinets, Lockers, Bins, and Shelving

MANUFACTURER PART NUMBER (MPN): NXRMT/3630

LOCAL STOCK NUMBER: NXRMT/3630

Part #: NXBR/36

NEXUS PLASTIC BOX RAIL, 36 WIDE

L-PE-MG-BGT BLUE

PRINCIPAL NAICS CODE: 337127 - Institutional Furniture Manufacturing PRODUCT/SERVICE CODE: 7125 - Cabinets, Lockers, Bins, and Shelving

MANUFACTURER PART NUMBER (MPN): NXBR/36

LOCAL STOCK NUMBER: NXBR/36

Part #: NXA/AS

NEXUS ACCESSORY SHELF

L-PE-MG-BGT BLUE

PRINCIPAL NAICS CODE: 337127 - Institutional Furniture Manufacturing PRODUCT/SERVICE CODE: 7125 - Cabinets, Lockers, Bins, and Shelving

MANUFACTURER PART NUMBER (MPN): NXA/AS

LOCAL STOCK NUMBER: NXA/AS

Part #: NX/AS-MAT

NEXUS ACCESSORY SHELF RIBBED RUBBER MAT

L-PE-MG-BGT BLUE

PRINCIPAL NAICS CODE: 337127 - Institutional Furniture Manufacturing PRODUCT/SERVICE CODE: 7125 - Cabinets, Lockers, Bins, and Shelving

MANUFACTURER PART NUMBER (MPN): NX/AS-MAT

LOCAL STOCK NUMBER: NX/AS-MAT

Part #: NXRH/E36

NEXUS LABEL / ROLL HOLDER

L-PE-MG-BGT BLUE

PRINCIPAL NAICS CODE: 337127 - Institutional Furniture Manufacturing PRODUCT/SERVICE CODE: 7125 - Cabinets, Lockers, Bins, and Shelving

MANUFACTURER PART NUMBER (MPN): NXRH/E36

LOCAL STOCK NUMBER: NXRH/E36

4389BB

PRINCIPAL NAICS CODE: 337127 - Institutional Furniture Manufacturing PRODUCT/SERVICE CODE: 7125 - Cabinets, Lockers, Bins, and Shelving

MANUFACTURER PART NUMBER (MPN): 4389BB

LOCAL STOCK NUMBER: 4389BB

Part #: LUXO-18115-LG/LED

LUXO LED MAG LIGHT 45" REACH L. GRAY

PRINCIPAL NAICS CODE: 337127 - Institutional Furniture Manufacturing PRODUCT/SERVICE CODE: 7125 - Cabinets, Lockers, Bins, and Shelving

MANUFACTURER PART NUMBER (MPN): LUXO-18115-LG/LED

LOCAL STOCK NUMBER: LUXO-18115-LG/LED

Part #: 8130BB

MTING BRKT TASK LIGHT # HOLE 9

PRINCIPAL NAICS CODE: 337127 - Institutional Furniture Manufacturing PRODUCT/SERVICE CODE: 7125 - Cabinets, Lockers, Bins, and Shelving

MANUFACTURER PART NUMBER (MPN): 8130BB

LOCAL STOCK NUMBER: 8130BB

Part #: SP9153 Flat Panel Monitor Holder w/ Keyboard & Mouse

L-PE-MG-BGT BLUE

PRINCIPAL NAICS CODE: 337127 - Institutional Furniture Manufacturing PRODUCT/SERVICE CODE: 7125 - Cabinets, Lockers, Bins, and Shelving

MANUFACTURER PART NUMBER (MPN): SP9153

LOCAL STOCK NUMBER: SP9153

UNIVERSAL BRACKET: MICRO SLOT; DOUBLE HOOK BRACKE

PRINCIPAL NAICS CODE: 337127 - Institutional Furniture Manufacturing PRODUCT/SERVICE CODE: 7125 - Cabinets, Lockers, Bins, and Shelving

MANUFACTURER PART NUMBER (MPN): 8406

LOCAL STOCK NUMBER: 8406

ARTICULATING ARM: DOUBLE ARM; 16

PRINCIPAL NAICS CODE: 337127 - Institutional Furniture Manufacturing PRODUCT/SERVICE CODE: 7125 - Cabinets, Lockers, Bins, and Shelving

MANUFACTURER PART NUMBER (MPN): 8409

LOCAL STOCK NUMBER: 8409

GRAND TOTAL

B.3 DELIVERY SCHEDULE

3495 Bailey Avenue Buffalo, NY 14215 1129

USA

1.00

MARK FOR:

3495 Bailey Avenue Buffalo, NY 14215 1129

1.00

MARK FOR:

3495 Bailey Avenue Buffalo, NY 14215 1129

1.00

MARK FOR:

3495 Bailey Avenue Buffalo, NY 14215 1129

1.00

MARK FOR:

3495 Bailey Avenue Buffalo, NY 14215 1129

1.00

MARK FOR:

3495 Bailey Avenue Buffalo, NY 14215 1129

1.00

MARK FOR:

3495 Bailey Avenue Buffalo, NY 14215 1129

1.00

3495 Bailey Avenue Buffalo, NY 14215 1129

1.00

3495 Bailey Avenue Buffalo, NY 14215 1129

1.00

3495 Bailey Avenue Buffalo, NY 14215 1129

1.00

3495 Bailey Avenue Buffalo, NY 14215 1129

1.00

3495 Bailey Avenue Buffalo, NY 14215 1129

3.00

3495 Bailey Avenue Buffalo, NY 14215 1129

2.00

3495 Bailey Avenue Buffalo, NY 14215 1129

1.00

3495 Bailey Avenue Buffalo, NY 14215 1129

2.00

3495 Bailey Avenue Buffalo, NY 14215 1129

1.00

3495 Bailey Avenue Buffalo, NY 14215 1129

1.00

3495 Bailey Avenue Buffalo, NY 14215 1129

1.00

3495 Bailey Avenue Buffalo, NY 14215 1129

5.00

3495 Bailey Avenue Buffalo, NY 14215 1129

5.00

3495 Bailey Avenue Buffalo, NY 14215 1129

5.00

3495 Bailey Avenue Buffalo, NY 14215 1129

1.00

3495 Bailey Avenue Buffalo, NY 14215 1129

5.00

3495 Bailey Avenue Buffalo, NY 14215 1129

5.00

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B.4 STATEMENT OF WORK

Scope: The VHA WNY is seeking to replace the Sterile Processing Department work benches. The requirement is to procure five (5) custom motorized workstations.

The present work benches have reached the point of being beyond economical repair cost per life cycle management standards, are non-ergonomic, and have safety defects. The Benches need to have adjustable motorized tables for varying height adjustments, power rails with outlets and overhead light.

1. Specific Technical Elements:

The proposed unit shall meet the following Buffalo VA Medical Center technical requirements:

1.1 The workstations must have the following General Salient Characteristics:

· Multiple shelves and counters are required since computers, monitors, computer mouse, overhead LED lights, label printers, scanners, printers, a magnifying glass; tackboard and power rail will be used or needed at each of these workstations.

· Ample outlets and multiple adjustable counters (72” x 30”), are required.

· Ample drawers and ample shelves are required for storage of sterility consumable supplies.

· A large, rubber floor mat is also required.

· Workstations will have lockable casters.

· A roll holder is also required.

· Workstations will have lockable casters.

· The work bench stations service team must have a local Equipment Service Technician, no further than 75 miles away.

· A walkthrough with VA Facility and Engineering must be done with vendor before consideration for approval, due to utility needs.

· Training of SPS staff is mandatory for operational and user needs

· The vendor shall provide complete information sheets, product features brochures, an installation instruction manual and an operation manual.

· The vendor will supply product specifications and a picture of the cabinet unit. Utilities needed should be included on specs.

· The vendor shall supply the Instructions For Use (IFU) for cleaning and maintaining the workstations.

· The workstations must be able to be adjusted or repaired for the SPS equipment in VHAWNYHS SPS Prep and Pack room by a VA Biomed technician.

· The workstations should have at least a full, 1 year warranty for parts and labor.

2 Additional required specialized Salient Characteristics:

· Low voltage dual actuator controller for synchronized leg movement and stress-free operation

· Three height positions for preset with the programmable switch

· Static and dynamic load capacity of 1,000 lbs.

· Height range (floor to top of base, not including worksurface) must be 27”-42”

· Caster must be 5” diameter, increases overall height 6”. 325 lb. capacity per caster

· Bottom Shelf must provide open storage beneath worksurface 16” Deep located in back of bench (away from foot resting space) 150 LB capacity

· Factory Assembly of Bench from worksurface down

· Worksurface – Stainless Steel over inverted plastic laminate

· Nexus Extended Rear-Mount Frames allows use of the full width of an Align rear-justified adjustable height workstation for support of a Nexus system. Must extend approximately 3⁄4” beyond end of work surface at each end

· Nexus framing posts for vertical integration of accessories on 1” increments, one starter 36” w and one adder 36” w – 48” usable height

· Overhead LED lights with 4 bulbs, tilts up or down 10°, Kit includes switch and 8’ grounded electrical cord, support track

· Adjustable Shelves, Adjustable, heavy gauge steel shelves can be mounted parallel to the worksurface or at a 15° angle for easy, ergonomic access.

Must have a 100 lb. weight capacity for evenly distributed loads. Shelves must be reversible, with the lip either at the front, or at the rear to act as a back stop. Supports must be attached through a simple double-notch system into slots on the uprights.

· Roll Holders (Extended Mount) for dispensing paper, bubble rolls, etc. Includes 1” diameter rod and brackets. Brackets mount to Nexus uprights and extend 3” forward from the face of the uprights to allow for larger diameter rolls. Rod must be unpainted galvanized steel; brackets are painted to match frame. 100 lb. weight capacity

· Accessory Shelf for easy access to small tools, instruments, parts, etc. Ribbed mat 21 1⁄4” wide x 7 3⁄8” deep. 75 lb. capacity.

· Reversible Markerboard/Tackboards, Two-sided reversible board. Features must be white magnetic markerboard on one-side and gray fabric tackboard on the other.

Must also function as privacy panel and sound dampener. 36” w x 30” h.

· Horizontal Power Rails must have self-contained, 6-plug electrical outlet strip. Power rail must pivot on axis, providing full horizontal adjustability. 110V, 15 amp

· 36” w Plastic Box Rails The plastic box rail must be easily adjustable for ergonomic access. Must be mounted parallel to the worksurface or at a 15° angle. The rail must be attached via a simple double-notch system. It must hold select vendor boxes that have hanger lips at the rear for attaching to a louvered panel.

· KFM LED, 45" ARM, 5-D LENS, AND EDGE CLAMP MOUNT, WHITE 5" diameter optical-quality glass lens combined with powerful LED light source, which makes KFM LED one of the best multi-purpose heavy-duty round lens magnifiers on the market today. The quality and exact positioning of the LEDs must allow for virtually shadow-free magnification and excellent color rendering with mounting bracket for Nexus system using post on light.

· Flat panel monitor holder with keyboard and mouse with Nexus mountable articulating double arm of 16”

· Assembled base bench must be shipped in wooden skeleton crate.

· Pre-ordering on-site measurements of workstation area needed must be done at no charge.

· Color: Must be Bright blue

3. Technical Terms and Conditions: The offering vendor shall meet the following Buffalo VA Medical Center Terms and Conditions.

*Offering vendors shall provide complete, detailed responses to each of the following Terms and Conditions in their bid proposals.

4. Place of Performance:

The place of performance for this contract is Buffalo VAMC.

5. Delivery Schedule: All items will be delivered to the Buffalo VAMC on 9/30/2026.

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)

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/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_252_1 http://www.va.gov/oal/library/vaar/index.asp

(End of Clause)

C.3 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS (APR 2026)

(a) Definitions. As used in this clause— Program participation means membership or participation in, or access or admission to: training, mentoring, or leadership development programs; educational opportunities; clubs; associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.

Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources.

(b) In connection with the performance of work under this contract, the Contractor agrees as follows:

(1) The Contractor will not engage in any racially discriminatory DEI activities;

(2) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause;

(3) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared ineligible for further Government contracts;

(4) The Contractor will report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take any appropriate remedial actions directed by the Contracting Officer; and

(5) The Contractor will inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of this clause.

(6) The Contractor recognizes that compliance with the requirements of this clause are material to the Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4).

(c) The Contractor must include the substance of this clause, including this paragraph (c), in subcontracts at any tier, including those for commercial products and commercial services, except those where the place of delivery or performance is outside the United States.

(End of clause)

C.4 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

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

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

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

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

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

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

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

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

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

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

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for—

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

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

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

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

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

(End of Clause)

C.5 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

Shipment of deliverable items, other than reports, shall be to:

See Delivery Schedule

(End of Clause)

C.6 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

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

(End of Clause)

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SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

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SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

(1) Is set aside for small business and has a value above the simplified acquisition threshold;

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during pre-award testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day…