S02 36C24823Q0869.pdf

DESCRIPTION: MENTAL HEALTH OFFICE FURNITURE RFQ#: 36C24823Q0869

Furniture Brand Name or Equal : Mental Health Clinic; Bay Pines VAMC

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The Department of Veterans Affairs, C.W. Bill

Young VA Healthcare System, Contracting Office, Bay Pines, FL, 33744, has a need to purchase Furniture for the Mental Health Clinic (Brand Name or Equal). The RFQ number is 36C24823Q0869.

The government anticipates making an award as a firm-fixed price contract resulting from this solicitation. This combined synopsis solicitation RFQ and the provisions and clauses incorporated are those in effect through Federal Acquisition Circular FAC 2023-04

(06/02/2023).

The North American Industrial Classification System (NAICS) code for this procurement is 337214, standard size is 1,100 employees. The combined synopsis solicitation is for

100% Set- Aside for Service-Disabled Veteran Owned Small Business (SDVOSB). If award cannot be made, the solicitation will be cancelled, and the requirement resolicited.

Offers must be listed and registered in https://veterans.certify.sba.gov/(VetCert) to be considered for award.

The solicitation will be available on or about September 5, 2023, and will distributed soley through the CONOPPS website (www.beta.SAM.gov). The anticipated date for receipt of quotes is September 12, 2023.

Responses shall be on an all or none basis, no partial submissions will be accepted. New product(s) only. The Government reserves the right to make no award at all. Quotes must be valid for 60 days. Additionally, Offerors must provide an Authorized Distributor

Letter and the Limitations on Subcontracting (ATCH 1) with their quote if they are not the manufacturer.

Offers must provide an explanation of how their product meets the salient characteristics.

**The vendor must provide **MANUFACTURER INFORMATION** as stated below:

1) Original Equipment Manufacturer (OEM) Name

2) OEM Part Number (if different that quoters part number)

Responses shall be on an all or none bases, no partial submissions will be accepted. New products only. The Government reserves the right to make no award at all. Quote must be valid for 60 days.

https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2012_6.html#wp1088488 https://veterans.certify.sba.gov/(VetCert) http://www.beta.sam.gov/

All quotes are due by September 12, 2023; No later than (NLT) 1600 Eastern

Standard Time (EST) via e-mail to: colleen.houser@va.gov. Offers received after the exact time specified in the solicitation are considered late and, may at the discretion of the

Contracting Officer, be considered if the action would not unduly delay the acquisition or are deemed to be in the best interest of the Government.

The “Subject Line” of the response email shall include “RFQ: 36C24823Q0869 in the subject line when emailing quotes.

Please provide a delivery date when submitting your quote. It is anticipated that the Contract shall provide delivery date of 90 days after award (negotiable upon acceptance of lowest price technically acceptable (LTPA).

ATTACHMENTS:

See attached document: ATCH 1: Limitations on Subcontracting

Statement of Need

1. Overview

Bay Pines VA Health Care System (BPVAHCS) Interior Design program emphasizes principles and strategies for state-of-the art technology, mobility and ergonomic features for both patients and staff in health care settings. The architecture and interior design embody the highest level of environmental stewardship, use of natural spaces as well as providing a streamline, open, modern aesthetic.

2. General Description

The Contractor shall provide all labor, tools, materials, and furniture to support the additional items necessary to complete the installation of the Mental Health Dining, Bedroom, Dayroom, and Patio furniture. Removal and disposal of all existing furniture is required. The existing furniture is weighted to 75lbs. The 42 beds, 42 mattresses, 40 end tables, 12 lounge, and patio furniture will be installed in 4 phases at Bay Pines Building 111 3rd Floor.

NOTE: 2 beds, 2 mattresses, and 2 lounge chairs will be delivered to the Lee County

CBOC ED.

3. Salient Characteristics

Item QTY Description Preferred

Manufactures

1 44 • Twin Bed

• Floor fixing kit

• One-piece construction

• Minimize concealment opportunities

• Water resistant

• Easy to clean

• Lifetime guarantee against

• Foam filled to prevent sagging

• Color: Thunder Grey

Pineapple Contract

Ryno Twin Bed 1RYL-

02-CG or Equal mailto:colleen.houser@va.gov.

2 40 • Nightstand

• Floor fixing kit

• One-piece construction

• Minimize concealment opportunities

• Water resistant

• Easy to clean

• Lifetime guarantee against

• Color: Thunder Grey

Pineapple Contract

Ryno Nightstand

1RYOB-FF-MG or

Equal

3 44 • Tamper resistant vinyl mattresses

Pineapple Contract

Ryno Twin Mattress or

Equal

4 56 • Dining chair without arms

• UL94 HB flammability complaint

• Water resistance

• UV stabilized materials – suitable for outdoor use

• Wipe-clean surface with chemical resistance

• Static weight tested to 1000lbs

• Color: Cool Green

• Weighted to 126lbs

• Lifetime guarantee against manufacturing faults

Pineapple Contract:

Ryno Dining Chair

1RyD-02-CG or Equal

5 14 • Activity/dining table

• Rounded shape

• Cruciform base

• Ryno molded top

• UL94 HB flammability complaint

• Water resistance

• UV stabilized materials – suitable for outdoor use

• Wipe-clean surface with chemical resistance

• Static weight tested to 1000lbs

• Color: Moonwalk Grey top, Black Base

• Weighted to 304lbs

Ryno Activity/Dining

Table 1RYAT-138-MG-

B or Equal

6 4 • Bench for outdoor use

• UL94 HB flammability complaint

• Water resistance

• UV stabilized materials – suitable for outdoor use

• Wipe-clean surface with chemical resistance

• Static weight tested to 1000lbs

• Color: Epic Blue

• Weighted to 155lbs

Ryno Bench, 1RYN-02-

EB or Equal

7 16 • Coffee Table

• Rounded shape

• Cruciform base

• Ryno molded top

• UL94 HB flammability complaint

• Water resistance

• UV stabilized materials – suitable for outdoor use

• Wipe-clean surface with chemical resistance

• Static weight tested to 1000lbs

• Color: Moonwalk Grey

• Weighted to 126lbs

• Lifetime guarantee against manufacturing faults

Pineapple Contract:

Ryno Coffee Table, 1RYN-02-MG or Equal

8 4 • Stool

• Rounded shape

• Ryno molded top

• UL94 HB flammability complaint

• Water resistance

• UV stabilized materials – suitable for outdoor use

• Wipe-clean surface with chemical resistance

• Static weight tested to 1000lbs

• Color: Cool Green

• Weighted to 111lbs

Stool 1RYS-02-CG or

Equal

9 8 • Stool

• Rounded shape

• UL94 HB flammability complaint

• Water resistance

• UV stabilized materials – suitable for outdoor use

• Wipe-clean surface with chemical resistance

• Static weight tested to 1000lbs

• Color: Epic Blue

• Weighted to 111lbs

Stool 1RYS-02-EB or

Equal

10 40 • Tub Chair

• Rounded shape

• UL94 HB flammability complaint

• Water resistance

• UV stabilized materials – suitable for outdoor use

Pineapple Contract: Tub

Chair, 1RYU-02-CG or

Equal

• Wipe-clean surface with chemical resistance

• Static weight tested to 1000lbs

• Color: Cool Green

• Weighted to 165lbs

11 14 • Lounge Chair

• Rounded shape

• UL94 HB flammability complaint

• Water resistance

• UV stabilized materials – suitable for outdoor use

• Wipe-clean surface with chemical resistance

• Static weight tested to 1000lbs

• Color: Cool Green

• Weighted to 176lbs

Lounge Chair, 1RYL-

02-CG or Equal

15 1 Receive, delivery, and installation CUNA or Equal

4. Project Performance Time

The total contractor performance period shall be 130 calendar days which includes that time needed to submit, review and approve all furniture submittals, installations, and final inspection.

After work begins on the site, the contractor shall work continuously during normal working hours; a representative from the prime contractor shall be present until the completion of the contract.

5. Location and Access

Bay Pine VA Health Care System

CW Bill Young Campus Building 111 3rd Floor

1000 Bay Pines Blvd

Bay Pines, FL 33744

Lee County VA Clinic

2489 Diplomat Parkway East

Cape Coral, FL 33909

INTERIOR DESIGNER POC: Interior Designer

6. Work Hours

The contract shall perform the work at the site form Monday through Friday from 7:00 AM to

3:30pm, unless modified. The contractor shall not have access to the site for the performance of any portion of the work beyond these hours, during Federal holidays nor weekends.

7. Coordinator

The contractor shall coordinate with the Interior Designer INTERIOR DESIGNER POC All work shall be coordinated with other trades involved in the project.

8. Receipt of Materials

Awardee shall deliver furniture to Bay Pines Building 111 3rd Floor and Lee County CBOC at the time of installation in coordination with the VA Point of Contact. The government will not accept drop shipping of furniture, materials, and supplies to the warehouse.

Furniture and materials shall be carefully handled, properly stored, and adequately protected to prevent damage before and during installation, in accordane with the manufacturer’s recommendations. Damaged or defective items shall be replaced. Location of storage and staging area shall be designated by the Interior Designer INTERIOR DESIGNER POC The contractor will be responsible for security of all furniture and materials.

The contractor will coordinate with the INTERIOR DESIGNER POC a staging area. The contractor shall be responsible for restoring the area to its original condition at the competition of the work. The contractor shall be responsible for repair of any damage incurred to buildings or pavement as a result of delivery and storage.

9. Warranties

All warranties and/or guarantees, either implied or expressed, for individual equipment shall be endorsed to the Government. Warranty: limited life time warranty

Clean-up and Disposal

The Contractor shall be responsible for the removal and disposal of all trash/debris connected with uncrating and assembling furniture and other items installed under this contract. The

Contractor shall not use VA facilities for trash/debris disposal. Recyclable products shall be disposed of in accordance with applicable statutes, in respective containers.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM DESCRIPTION OF QUANTIT UNI UNIT PRICE AMOUNT

NUMBE

R

SUPPLIES/SERVIC

ES

Y T

56.00 EA ________________

Dining Chair

P/N: 1RyD-02-CG

RYNO Brand Name or Equal

Contract Period: Base

POP Begin: 09-15-2023

POP End: 12-29-2023

PRINCIPAL NAICS CODE: 337214 - Office Furniture (except

Wood) Manufacturing

PRODUCT/SERVICE CODE: 7110 - Office Furniture

MANUFACTURER PART NUMBER (MPN): 1RyD-02-CG

LOCAL STOCK NUMBER: 663.60

14.00 EA ________________

Activity Table

P/N: 1RYAT-138-MG-B

RYNO Brand Name or Equal

Contract Period: Base

POP Begin: 09-15-2023

POP End: 12-29-2023

PRINCIPAL NAICS CODE: 337214 - Office Furniture (except

Wood) Manufacturing

PRODUCT/SERVICE CODE: 7110 - Office Furniture

MANUFACTURER PART NUMBER (MPN): 1RYAT-138-MG-B

4.00 EA ________________

Bench

P/N: 1RYN-02-EB

RYNO Brand Name or Equal

Contract Period: Base

POP Begin: 09-15-2023

POP End: 12-29-2023

PRINCIPAL NAICS CODE: 337214 - Office Furniture (except

Wood) Manufacturing

MANUFACTURER PART NUMBER (MPN): 1RYN-02-EB

16.00 EA ________________

Coffee Table

P/N: 1RYN-02-MG

RYNO Brand Name or Equal

Contract Period: Base

POP Begin: 09-15-2023

POP End: 12-29-2023

PRINCIPAL NAICS CODE: 337214 - Office Furniture (except

Wood) Manufacturing

MANUFACTURER PART NUMBER (MPN): 1RYN-02-MG

12.00 EA ________________

Stool

P/N: 1RYS-02-CG

POP End: 12-29-2023

PRINCIPAL NAICS CODE: 337214 - Office Furniture (except

Wood) Manufacturing

MANUFACTURER PART NUMBER (MPN): 1RYS-02-CG

40.00 EA ________________

Tub chair

P/N: 1RYU-02-CG

POP End: 12-29-2023

PRINCIPAL NAICS CODE: 337214 - Office Furniture (except

Wood) Manufacturing

MANUFACTURER PART NUMBER (MPN): 1RYU-02-CG

14.00 EA ________________

Lounge Chair

RYNO Brand Name or Equal

P/N:1RYL-02-CG

Contract Period: Base

POP Begin: 09-15-2023

POP End: 12-29-2023

PRINCIPAL NAICS CODE: 337214 - Office Furniture (except

Wood) Manufacturing

MANUFACTURER PART NUMBER (MPN): 1RYL-02-CG

44.00 EA ________________

Twin Bed

RYNO Brand Name or Equal

Contract Period: Base

POP End: 12-29-2023

44.00 EA ________________ ________________

Foam Mattress

Taurus Brand Name or Equal

Contract Period: Base

POP Begin: 09-29-2023

POP End: 12-29-2023

40.00 EA ________________

Night Stand

RYNO Brand Name or Equal

P/N: 1RYOB-FF-MG

Contract Period: Base

POP Begin: 09-15-2023

POP End: 12-29-2023

PRINCIPAL NAICS CODE: 337214 - Office Furniture (except

Wood) Manufacturing

MANUFACTURER PART NUMBER (MPN): 1RYOB-FF-MG

1.00 EA ________________

Freight

Contract Period: Base

POP Begin: 09-15-2023

POP End: 12-29-2023

PRINCIPAL NAICS CODE: 337214 - Office Furniture (except

1.00 EA ________________

Receive, deliver and install

Contract Period: Base

POP Begin: 09-15-2023

POP End: 12-29-2023

PRINCIPAL NAICS CODE: 337214 - Office Furniture (except

GRAND TOTAL ________________

B.3 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY

DELIVERY

DATE

0001 SHIP TO: US DEPARTMENT OF VETERANS

AFFAIRS

10000 BAY PINES BLVD

Bldg 110 Warehouse

56.00 By 12/29/2023

BAY PINES, FL 33744

USA

MARK

FOR:

FACILITIES MANAGMENT

SERVICES

727-398-6661

TBD

0002 SHIP TO: US DEPARTMENT OF VETERANS

AFFAIRS

10000 BAY PINES BLVD

Bldg 110 Warehouse

14.00 BY 12/29/2023

FOR:

FACILITIES MANAGMENT

SERVICES

0003 SHIP TO: US DEPARTMENT OF VETERANS

10000 BAY PINES BLVD

Bldg 110 Warehouse

4.00 By 12/29/2023

FOR:

FACILITIES MANAGMENT

SERVICES

0004 SHIP TO: US DEPARTMENT OF VETERANS

10000 BAY PINES BLVD

Bldg 110 Warehouse

16.00 By 12/29/2023

FOR:

FACILITIES MANAGMENT

SERVICES

0005 SHIP TO: US DEPARTMENT OF VETERANS

10000 BAY PINES BLVD

Bldg 110 Warehouse

12.00 By 12/29/2023

FOR:

FACILITIES MANAGMENT

SERVICES

TBD

0006 SHIP TO: US DEPARTMENT OF VETERANS

AFFAIRS

10000 BAY PINES BLVD

Bldg 110 Warehouse

40.00 By 12/29/2023

FOR:

FACILITIES MANAGMENT

SERVICES

0007 SHIP TO: US DEPARTMENT OF VETERANS

10000 BAY PINES BLVD

Bldg 110 Warehouse

14.00 By 12/29/2023

FOR:

FACILITIES MANAGMENT

SERVICES

0008 SHIP TO: US DEPARTMENT OF VETERANS

10000 BAY PINES BLVD

Bldg 110 Warehouse

44.00 By 12/29/2023

FOR:

FACILITIES MANAGMENT

SERVICES

0009 SHIP TO: US DEPARTMENT OF VETERANS

10000 BAY PINES BLVD

Bldg 110 Warehouse

44.00 By 12/29/2023

FOR:

FACILITIES MANAGMENT

SERVICES

0010 SHIP TO: US DEPARTMENT OF VETERANS

10000 BAY PINES BLVD

40.00 By 12/29/2023

Bldg 110 Warehouse

FOR:

FACILITIES MANAGMENT

SERVICES

0011 SHIP TO: US DEPARTMENT OF VETERANS

10000 BAY PINES BLVD

Bldg 110 Warehouse

1.00 By 12/29/2023

FOR:

FACILITIES MANAGMENT

SERVICES

0012 SHIP TO: US DEPARTMENT OF VETERANS

10000 BAY PINES BLVD

Bldg 110 Warehouse

1.00 By 12/29/2023

FOR:

FACILITIES MANAGMENT

SERVICES

SECTION C - CONTRACT CLAUSES

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

COMMERCIAL SERVICES (DEC 2022)

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

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

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any

Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the

Contractor may not assign its rights to receive payment under this contract.

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

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal

Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The

Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

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

Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds

Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other

Than System for Award Management), or applicable agency procedures.

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

EFT.

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

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

(i) Payment.—

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act

(31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

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

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

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

Contractor shall—

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the

Contracting Officer (see 32.607-2).

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

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

(A) The date fixed under this contract.

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

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

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

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

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

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in

FAR 32.608-2 in effect on the date of this contract.

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

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

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

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

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

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31

U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts;

18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety

Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 4701 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

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

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the

EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the

Government or any Government authorized end user to such clause.

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

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

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

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.2 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-

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

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

(1) Means a small business concern—

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

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

(iii) The business meets Federal small business size standards for the applicable North American

Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR

128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and https://veterans.certify.sba.gov/

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration

(SBA) regulations regarding small business size, government contracting, and the Veteran Small Business

Certification Program at 13 CFR parts 121, 125, and 128.

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

(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small

Business Act (15 U.S.C. 632).

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

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

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

SBA certification database as set forth in 13 CFR 128.

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

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

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

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

(d) Agreement/LOS certification. When awarded a contract action, including orders under multipleaward contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size, and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting (LOS) requirements in 13 CFR 121.406(b) and 13 CFR 125.6. For the purpose of limitations on subcontracting, only certified SDVOSBs listed in the SBA certification database

(including independent contractors) shall be considered eligible and/or ‘‘similarly situated’’ (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required LOS certification requirements in this solicitation (see

852.219–75 or 852.219–76 as applicable). These requirements are summarized as follows:

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

(2) Supplies/products.

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

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

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

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

(5) Subcontracting. An SDVOSB subcontractor must meet the NAICS size standard assigned by the prime contractor and be certified and listed in the SBA certification database to count as similarly situated. Any work that a first tier SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13 CFR 125.6.

(e) Required limitations on subcontracting compliance measurement period. An SDVOSB shall comply with the limitations on subcontracting as follows:

[] By the end of the base term of the contract or order, 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.

(f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture complies with the requirements in 13 CFR 128.402 and the managing joint venture partner makes the representations under paragraph (c) of this clause. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

(g) Precedence. The VA Veterans First Contracting Program, as defined in VAAR 802.101, subpart

819.70, and this clause, takes precedence over any inconsistencies between the requirements of the SBA

Veteran Small Business Certification Program and the VA Veterans First Contracting Program.

(h) Misrepresentation. Pursuant to 38 U.S.C. 8127(g), any business concern, including all its principals, that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB status is subject to debarment from contracting with the Department for a period of not less than five years (see

VAAR 809.406–2 Causes for Debarment).

(End of Clause)

C.3 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (JAN 2023)

(DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(l)(2), the offeror certifies that—

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

(i) [ ] In the case of a contract for supplies or products (other than from a nonmanufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(ii) [ ] In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) is granted. The offeror understands that, as provided in 13 CFR 121.406(b)(7), such a waiver has no effect on requirements external to the Small Business Act, such as the Buy American Act or the Trade

Agreements Act.

(2) Manufacturer or nonmanufacturer representation and certification. [Offeror fillin—check each applicable box below. The offeror must select the applicable provision below, identifying itself as either a manufacturer or nonmanufacturer]:

(i) [] Manufacturer or producer. The offeror certifies that it is the manufacturer or producer of the end item being procured, and the end item is manufactured or produced in the United States, in accordance with paragraph (a)(1)(i).

(ii) [ ] Nonmanufacturer. The offeror certifies that it qualifies as a nonmanufacturer in accordance with the requirements of 13 CFR 121.406(b) and paragraph (a)(1)(ii). The offeror further certifies it meets each element below as required in order to qualify as a nonmanufacturer.

[ ] The offeror certifies that it does not exceed 500 employees (or 150 employees for the Information

Technology Value Added Reseller exception to NAICS code 541519, which is found at 13 CFR 121.201, footnote 18).

[ ] The offeror certifies that it is primarily engaged in the retail or wholesale trade and normally sells the type of item being supplied.

[ ] The offeror certifies that it will take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice.

(iii) [ ] The offeror certifies that it will supply the end item of a small business manufacturer, processor, or producer made in the United States, unless a waiver as provided in 13 CFR 121.406(b)(5) has been issued by SBA. [Contracting Officer fill-in or removal (see 13 CFR 121.1205). This requirement must be included for a single end item. However, if SBA has issued an applicable waiver of the nonmanufacturer rule for the end item, this requirement must be removed in the final solicitation or contract.] or [Contracting officer tailor clause to remove one or other block under subparagraph (iii).]

[ ] If this is a multiple item acquisition, the offeror certifies that at least 50% of the estimated contract value is composed of items that are manufactured by small business concerns. [Contracting

Officer fill-in or removal. See 13 CFR 121.406(d) for multiple end items. If SBA has issued an applicable nonmanufacturer rule waiver, this requirement must be removed in the final solicitation or contract.]

(3) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an

Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(4) If VA determines that an SDVOSB/ VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and

(iii) Prosecution for violating 18 U.S.C. 1001.

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract or to determine whether the offeror qualifies as a manufacturer or nonmanufacturer in compliance with the limitations on subcontracting requirement. Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification

I hereby certify that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].

Printed Name of Signee: ___________

Printed Title of Signee: _____________

Signature: ____________

Date: ______________

Company Name and Address: _______________

(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:

Department Of Veteran Affairs

C.W. Bill Young VA Medical Center

Bldg 110 Warehouse

10,000 Bay Pines Blvd.

Bay Pines FL 33744

(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)

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

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

FAR

Number

Title Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

JUN 2020

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON

POSTCONSUMER FIBER CONTENT PAPER

MAY 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.242-17 GOVERNMENT DELAY OF WORK APR 1984

C.8 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

The Contracting Officer reserves the right to designate representatives to…