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

635-26-2-1515-0016

36C24W26Q0241 08-19-2026

Mika Gant (254)778-4811 x46287 09-03-2026

11AM CDT

36C24W

Department of Veterans Affairs

Regional Procurement Office West (RPOW)

3237 Peacekeeper Way

Building 200 Suite 204

McClellan Park CA 95652

X

339113

800 Employees

Net 33

N/A

X

36C635

Department of Veterans Affairs

ACE Relocations Systems

8120 Mid America Business Park

Building 3, Suite #500

Oklahoma City OK 73135

36C24W

Department of Veterans Affairs

Regional Procurement Office West (RPOW)

3237 Peacekeeper Way

TBD

This is accomplished through the

Tungsten Network located at https://www.fsc/va/.gov /einvoice.asp

This is a mandatory sole method for submitting invoices.

(877)353-9791 (512) 460-5540

See CONTINUATION Page

The Contractor is to provide 17 O.R/SICU Beds. See Statement

Section B.2. for the salient Characteristics

All questions shall be submitted Friday 28, August 2026 to mika.gant@va.gov No questions will be accepted after that date.

All quotes shall be submitted by Thursday 03, September 2026

11AM CDT to mika.gant@va.gov

For consideration of this procurement the Buy America

Certificate (attached) MUST be filled out no Exemption.

" The VA preference is for Domestically Made Products”.

Please see Clause 52.222-90 addressing DEI.

A site visit has been scheduled see instruction below. Page 4

See CONTINUATION Page x X x 1

Robert M. Clark Jr.

Contracting Officer

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK (SOW)

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

B.4 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

C.2 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL

LABOR RELATIONS ACT (NOV 2025) (DEVIATION)

C.3 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS

(DEVIATION APR 2026)

C.4 52.223-23 SUSTAINABLE PRODUCTS (NOV 2025) (DEVIATION)

C.6 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

E.2 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)

E.3 52.225-6 TRADE AGREEMENTS CERTIFICATE (FEB 2021)

E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.5 52.237-1 SITE VISIT (APR 1984)

E.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.8 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (OCT 2025) (DEVIATION)

E.9 BASIS FOR AWARD

36C24W26Q0241

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: TBD

b. GOVERNMENT: Contracting Officer - Robert M. Clark Jr.

Department of Veterans Affairs

Regional Procurement Office West (RPOW

3237 Peacekeeper Way

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

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

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [x] Upon receipt, Inspection, acceptance of goods

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic

Submission of Payment Requests.

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

AMENDMENT NO DATE

B.2 STATEMENT OF WORK (SOW)

1. Contract Title: OR Patient Beds for Oklahoma City, OK 73135

2. Background: The new OR/SICU space is currently under construction. The existing ICU beds are demonstrating increasing mechanical and electrical malfunctions. All OR/SICU mattresses have already been replaced due to failure; however, despite mattress replacement, mechanical and electrical issues with the integrated systems exist. Reported issues include failures of bed exit alarms, inaccuracies with integrated scales, malfunctioning positioning features, and electrical component breakdowns. Biomedical maintenance requests have increased, and repair costs continue to rise with diminishing return on investment. When beds are removed from service for repair. Staff report spending increased time troubleshooting equipment issues, diverting attention from direct patient care activities.

3. Scope: This contract covers the procurement of fully featured OR/SICU hospital beds meeting clinical, safety, technology, infection control, and training requirements as specified herein. The beds shall support use in operating room and surgical intensive care unit environments and must meet all functional, regulatory, and integration requirements outlined in the specific tasks below.

4. SITE VISIT: An organized site visit is scheduled for Wednesday August 26, 2026, at

11:00AM CT. Only one site visit will be conducted. Participants are to meet at 921 Northeast

13th Street, Oklahoma City, OK 73104 on the 4th floor waiting area Room 4F102 must use clinical elevators to access this area. The purpose of this site visit is to demonstrate that the proposed products meet key characteristics outlined in the Statement of Work.

All vendors intending to attend the site visit are requested to RSVP to the Contract

Specialist no later than Monday, August 24, 2026, at 12:00 PM CDT.

5. Salient Characteristics: Contractor must provide the equipment with associated components that meet or exceed the critical minimum requirements as well as the specification in the SOW.

a. The contractor shall provide beds with full electric adjustment for head, foot, and height positions. Beds shall support Trendelenburg and Reverse Trendelenburg positions, cardiac chair position, chair egress position, automatic contour positioning, Fowler's positioning with angle indicators, and lateral rotation therapy capability. A one-button CPR flattening feature should be included. Beds must have a removable foot bard to achieve the cardiac chair position and a chair egress position to assist patients out of bed, which is important to promote early mobility.

b. The contractor shall provide beds with low height capability of less than 16 inches to support fall injury prevention. Beds shall include double casters for ease of transport and sufficient underbed clearance for lifts and overbed tables. Beds MUST BE able to fit in an elevator that is 7 foot 6-inch-long and 4 feet 9-inches wide.

c. Fall Prevention Bed Exit Alarm System. Must have audible and visual alerts and adjustable sensitivity settings.

d. The bed must have beds with headboard featuring a caregiver cut-out for improved head-end access. Advance caregiver controls must be accessible at the foot end. Beds must include a central locking braking and steering system, visible lock indicators, and removable head and foot boards.

e. The contractor shall provide beds with USB charging port and patient phone/device holder.

The footboard shall include an integrated pump rack for ancillary equipment and accessory outlets positioned away from patient egress points. Beds shall include an integrated beds extended, oxygen tank holder, IV pole integration, and compatibility with overbed tables.

f. The contractor shall provide beds with motorized drive systems to support caregivers’ mobility and transport efficiency.

g. The contractor shall provide beds with wireless capability supporting an open architecture approach. A cable-free nurse call solution shall be included, ensuring continuous patient-nurse communication and control of room functions. Beds shall integrate with the facility's existing nurse call system and connect with nurses' communication devices to deliver timely alerts and updates.

h. The contractor shall provide beds with night lighting or underbed illumination to enhance visibility and patient safety during nighttime hours.

i. The contractor shall provide beds with turn assist features to aid caregivers in repositioning patients, and compatibility with lift equipment for safe patients transfers.

j. The contractor shall provide beds with a built-in scale accurate to ±1%. Beds shall include a weight trending display, the ability to zero out the weight of linens and equipment, and the capability to export patient weight data. The integrated scale shall support medication dosing accuracy.

k. The contractor shall provide beds that comply with FDA and IEC electrical safety standards and meet side rail entrapment regulations. Beds shall meet established pressure injury prevention standards.

l. The contractor shall provide beds with a visual head-of-bed angle display and a monitoring system capable of displaying occupied/unoccupied status.

m. The contractor shall provide beds with a minimum weight capacity of 500 lbs. An optional bariatric configuration shall be available

n. The contractor shall provide beds with sealed surfaces, minimal seams, and a cleanable architecture to facilitate infection control. Beds shall be compatible with hospital-grade disinfectants and allow for easy mattress removal and cleaning. Antimicrobial surface components are preferred.

o. The contractor shall provide beds compatible with pressure redistribution mattress systems and pressure injury risk reduction surfaces. Beds shall include a moisture vapor permeable cover and shear reduction properties. For OR/SICU use, beds shall include low air loss capability.

Replaceable cover options shall be available. Bed must have percussion and vibration therapy for continuous lateral rotation therapy (CLRT).

p. The contractor shall provide onsite clinical training for nursing and therapy staff prior to or concurrent with deployment of the beds. Super user training sessions shall be offered for advanced users. The contractor shall deliver comprehensive written user manuals and quick reference guides for all staff.

q. The contractor shall provide beds with a battery backup providing a minimum of 30 minutes of functionality during power outages. Beds shall include an expandable technology platform to accommodate future upgrades.

5. Performance Monitoring: The POC is responsible for certifying that all beds delivered meet the specifications outlined in the SOW. Inspection shall include verification of all required features, integration testing with the nurse call system, and confirmation of training delivery. A demo period or trial does not constitute inspection acceptance of product.

6. Security Requirements: The contractor employees shall not have access to VA sensitive or computer information and will not require routine access to the VA Facilities. The contractor employees require intermittent access only and will be escorted by VA employees while at the

VA Facilities office. No background investigation is required.

7. Inspection and Acceptance Criteria: All equipment shall be tested after installation. Each resultant inspection shall be documented and provided to the LOCAL POC within 7 days of installation along with any inspection documentation or checklists required by the manufacturer.

Any changes in inspection requirements during the period of installation will be communicated to the Contractor immediately.

8. Risk Control: Clinically, inaccurate patient weights may affect medication dosing and fluid management. Malfunctioning bed exit alarms increase fall risk, and compromised pressure redistribution surfaces elevate the risk of hospital-acquired pressure injuries. Equipment failures may delay critical interventions and limit safe management of bariatric or high-acuity patients.

Operationally, reduced bed availability affects census management and throughput, particularly during high-volume periods. Repair expenses are increasing while equipment reliability continues to decline. Workforce risks include increased physical strain from malfunctioning positioning systems and decreased staff confidence in equipment safety and reliability. From a regulatory and quality perspective, unreliable equipment increases exposure during accreditation reviews and may negatively impact fall and pressure injury performance metrics as well as overall high reliability standards.

9. Place of Performance: Work will be performed at Oklahoma City VAMC, 921 NE 13th St.

Oklahoma City, OK 73104. No travel should be included other than delivery.

10. Period of Performance. ARO 180 days

11. Delivery Location:

Beds are to be delivered to:

ACE RELOCATION SYSTEMS

8120 Mid America Business Park

Building 3, Suite #500

Oklahoma City, OK 73135

STANDARD BUSINESS HOURS AND FEDERAL HOLIDAYS

Hours: Normal duty hours are between the hours of 0800 - 1500 CST, Monday through Friday, not including federal holidays. Whenever contact with a facility is required outside of normal duty hours, the Contractor shall coordinate these times with the designated LOCAL POC

New Year’s Day January 1st

Martin Luther King’s

Birthday

Third Monday in January

President’s Day Last Monday in February

Juneteenth

June 19th

Independence Day

July 4th

Labor Day First Monday in September

Columbus Day Second Monday in October

Veteran’s Day November 11th

In addition to the days designated as holidays, the Government observes the following days:

Any other day designated by Federal Statute

Any other day designated by Executive Order

Any other day designated by the President of the United States to be a federal holiday.

Medical Center Policies:

Each VA Medical Center has policies that are updated from time to time. The LOCAL POC can provide more detailed information to the contractor of these upon commencement of the contract and throughout the term of the contract, as needed, especially policies regarding parking, possession of weapons, cell phone use and photography as well as smoking on VA property.

Violations of such policies may result in individual fines or citation answerable in the United

States (Federal) District Court.

END OF STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

17.00 EA _____________ ___________

ICU/OR beds

PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, Equipment, Utensils, and Supplies

GRAND TOTAL ___________

B.4 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

ACE RELOCATION SYSTEMS

8120 Mid America Business Park

Building 3, Suite #500

Oklahoma City, OK 73135

17.00 ARO 180 Days

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

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

(b) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance.

The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the

Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights—

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

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

(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims

Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the

Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes.

Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall—

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

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

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

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act

(31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

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

(i) Payment—

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

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

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

1315.

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

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

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

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

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

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

(D) Contractor point of contact; and

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

Contracting Officer.

(5) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the

Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

FAR part 33 if—

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

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting

Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).

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

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

(A) The date fixed under this contract.

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

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

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

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

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

(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.

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

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

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

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the

Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the

Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. In the event of termination for cause, the Government shall not be liable to the

Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

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

(p) Limitation of liability. Except as otherwise provided by an express warranty, the

Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and

Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

(2) The Disputes, Payments, Invoice, Compliance with Laws Unique to Government

Contracts, and Unauthorized Obligations paragraphs of this clause;

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

(4) Addenda to this solicitation or contract,

(5) Solicitation provisions incorporated in the solicitation.

(6) Other paragraphs of this clause.

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

(8) The specification.

(s) Unauthorized obligations.

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

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

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

(ii) Neither the Government nor any Government-authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism

(e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the

Government or any Government authorized end user to such clause.

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

(2) Paragraph (s)(1) of this clause does not apply to indemnification by the

Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

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

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the

Contractor’s directly pertinent records involving transactions related to this contract.

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

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

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

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

Contracting Officer will make their full text available.

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

C.2 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL

LABOR RELATIONS ACT (NOV 2025) (DEVIATION)

(a) During the term of this contract, the Contractor must post an employee notice, of such size and in such form, and containing such content as prescribed by the Secretary of Labor, in conspicuous places in and about its plants and offices where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract, including all places where notices to employees are customarily posted both physically and electronically, in the languages employees speak, in accordance with 29 CFR 471.2(d) and (f).

(1) Physical posting of the employee notice must be in conspicuous places in and about the Contractor's plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor Relations Act and engage in activities related to the performance of the contract.

(2) If the Contractor customarily posts notices to employees electronically, then the

Contractor must also post the required notice electronically by displaying prominently, on any Web site that is maintained by the Contractor and is customarily used for notices to employees about terms and conditions of employment, a link to the Department of

Labor's Web site that contains the full text of the poster. The link to the Department's

Web site, as referenced in (b)(3) of this section, must read, "Important Notice about

Employee Rights to Organize and Bargain Collectively with Their Employers."

(b) This required employee notice, printed by the Department of Labor, may be—

(1) Obtained from the Division of Interpretations and Standards, Office of Labor-

Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N-5609, Washington, DC 20210, (202) 693-0123, or from any field office of the

Office of Labor-Management Standards or Office of Federal Contract Compliance

Programs;

(2) Provided by the Federal contracting agency if requested;

(3) Downloaded from the Office of Labor-Management Standards Web site at http://www.dol.gov/olms/regs/compliance/EO13496.htm; or http://www.dol.gov/olms/regs/compliance/EO13496.htm

(4) Reproduced and used as exact duplicate copies of the Department of Labor's official poster.

(c) The required text of the employee notice referred to in this clause is located at

Appendix A, Subpart A, 29 CFR Part 471.

(d) The Contractor must comply with all provisions of the employee notice and related rules, regulations, and orders of the Secretary of Labor.

(e) In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of this clause, this contract may be terminated or suspended in whole or in part, and the Contractor may be suspended or debarred in accordance with 29 CFR 471.14 and subpart 9.4. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 471, which implements Executive Order 13496 or as otherwise provided by law.

(f) Subcontracts.

(1) The Contractor must include the substance of this clause, including this paragraph

(f), in every subcontract that exceeds $10,000 and will be performed wholly or partially in the United States, unless exempted by the rules, regulations, or orders of the

Secretary of Labor issued pursuant to section 3 of Executive Order 13496 of January

30, 2009, so that such provisions will be binding upon each subcontractor.

(2) The Contractor must not procure supplies or services in a way designed to avoid the applicability of Executive Order 13496 or this clause.

(3) The Contractor must take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions for noncompliance.

(4) However, if the Contractor becomes involved in litigation with a subcontractor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

(End of Clause)

C.3 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS

(DEVIATION 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 52.223-23 SUSTAINABLE PRODUCTS (NOV 2025) (DEVIATION)

(a) Definitions. As used in this clause—

Sustainable products means—

(1) A product that contains recovered material designated by the EPA under the

Comprehensive Procurement Guidelines (42 U.S.C. 6962) (40 CFR part 247)

(https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products).

https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products

(2) An energy-efficient product or low standby power device (42 U.S.C. 8259b) (10

CFR part 436, subpart C) (https://www.energy.gov/femp/search-energy-efficient-products, https://www.energystar.gov/products?s=mega, and https://www.energy.gov/femp/low-standby-power-product-list).

(3) A biobased product that meets the content requirements of the USDA under the

BioPreferred® program (7 U.S.C. 8102) (7 CFR Part 4270)

(https://www.biopreferred.gov/)

(4) A substance identified in the EPA’s Significant New Alternatives Policy (SNAP) program as a safe alternative to an ozone-depleting substance (42 U.S.C. 7671l) (40

CFR part 82, subpart G) (https://www.epa.gov/snap/unacceptable-and-acceptable-substitutes-tables).

(b) Requirements. The Government has identified in the statement of work or elsewhere in the contract the sustainable products that are required during the performance of this contract. The Contractor shall ensure that it provides sustainable products as required by this contract, when the products are—

(1) Delivered to the Government;

(2) Furnished for use by the Government;

(3) Incorporated into the construction of a public building or public work; or

(c) Furnished for use in performing services under this contract, where the cost of the products is a direct cost to this contract.

(End of Clause)

C.6 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

(End of Clause)

FAR

Number

Title Date

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO

THE GOVERNMENT ALTERNATE I (NOV 2021)

JUN 2020

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER

RIGHTS

NOV 2023

https://www.energy.gov/femp/search-energy-efficient-products https://www.energy.gov/femp/search-energy-efficient-products https://www.energystar.gov/products?s=mega https://www.energy.gov/femp/low-standby-power-product-list https://www.biopreferred.gov/ https://www.epa.gov/snap/unacceptable-and-acceptable-substitutes-tables https://www.epa.gov/snap/unacceptable-and-acceptable-substitutes-tables

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR

STATEMENTS

JAN 2017

52.204-13 SYSTEM FOR AWARD MANAGEMENT—

MAINTENANCE (DEVIATION)

NOV 2025

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST

WHEN SUBCONTRACTING WITH CONTRACTORS

DEBARRED, SUSPENDED, PROPOSED FOR

DEBARMENT, OR VOLUNTARILY EXCLUDED

JAN 2025

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED

DOMESTIC CORPORATIONS

NOV 2015

52.222-19 CHILD LABOR—COOPERATION WITH AUTHORITIES

AND REMEDIES (DEVIATION)

MAR 2026

52.222-35 EQUAL OPPORTUNITY FOR VETERANS

(DEVIATION)

NOV 2025

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH

DISABILITIES (DEVIATION)

NOV 2025

52.222-37 EMPLOYMENT REPORTS ON VETERANS

(DEVIATION)

NOV 2025

52.222-50 COMBATING TRAFFICKING IN PERSONS

(DEVIATION)

NOV 2025

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

52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN

TEXT MESSAGING WHILE DRIVING

MAY 2024

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—

SYSTEM FOR AWARD MANAGEMENT

OCT 2018

52.233-3 PROTEST AFTER AWARD AUG 1996

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT

CLAIM

OCT 2004

852.203-70 COMMERCIAL ADVERTISING MAY 2018

852.211-70 EQUIPMENT OPERATION AND MAINTENANCE

MANUALS

NOV 2018

852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS FEB 2023

852.215-71 Evaluation FACTOR COMMITMENTS OCT 2019

852.222-71 COMPLIANCE WITH EXECUTIVE ORDER 13899

(DEVIATION) (APR 2025)

APR 2025

852.232-72 ELECTRONIC SUBMISSION OF PAYMENT

REQUESTS

NOV 2018

852.242-71 ADMINISTRATIVE CONTRACTING OFFICER OCT 2020

852.246-71 REJECTED GOODS OCT 2018

(End of Addendum to 52.212-4)

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

(a) 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. As a minimum, offers shall include—

(1) The solicitation number;

(2) The name, address, telephone number of the Offeror;

(3) The Offeror’s Unique Entity Identifier (UEI) and, if applicable, Electronic Funds

Transfer (EFT) indicator;

(4) Information necessary to evaluate the factors contained in the provision at 52.212-

2 or as described in the solicitation;

(5) Responses to provisions that require Offeror completion of information, representations, and certifications (other than those collected via the System for Award

Management (SAM)); and

(6) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and any solicitation amendments.

(b) Period for acceptance of offers. The Offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

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

(1) Offerors are responsible for submitting offers and any modifications or revisions to the Government office designated in the solicitation by the time specified in the solicitation.

(2) Any offer, modification, or revision received after the time specified for receipt of offers is “late” and will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition. 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) 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 specified in the solicitation on the first work day on which normal

Government processes resume.

(4) Offerors may withdraw their offers by written notice to the Government received at any time before award.

(d) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with Offerors. Therefore, the

Offeror’s initial offer should contain the Offeror’s best terms. However, the Government reserves the right to conduct discussions, if necessary. The Government may reject any or all offers if such action is in the public interest, accept other than the lowest offer, and waive informalities and minor irregularities in offers received.

(e) Debriefings. If a post award debriefing is given to requesting Offerors, the

Government will disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed Offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful Offeror and the debriefed Offeror and past performance information on the debriefed Offeror.

(3) The overall ranking of all Offerors when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award.

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful Offeror.

(6) Reasonable responses to relevant questions posed by the debriefed Offeror as to whether the agency followed source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities.

(End of Provision)

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

Provisions 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 provisions are incorporated into 52.212-1 as an addendum to this solicitation:

TECHNICAL QUESTIONS:

Technical questions shall be accepted by the Government in writing via email no later than 11:00 AM Central Daylight Time (CST), Friday August 28th, 2026. Please list “Technical Questions –36C24W26Q0241– ” O.R Patient Beds ” in the subject line of the email and send to Mika Gant, Contract Specialist, at mika.gant@va.gov. Please include in your questions the section on the solicitation/page number that your question is referencing.

OFFER SUBMITTAL INSTRUCTIONS:

1) Offeror shall submit offers by Due Date/Time specified in Block 8 of the Standard Form (SF) 1449 of the solicitation via email to Mika Gant mika.gant@va.gov.

2) Offeror must complete and return the signed SF 1449, first page.

3) Offeror shall complete B.3 Price/Cost Schedule.

4) By signing the Standard Form (SF) 1449/Solicitation, Offeror attests that they have a complete understanding of all solicitation requirements. Additionally, Offerors must acknowledge receipt of this amendment prior to the time and date specified in the solicitation or as amended, by one of the following methods: (a) By returning 1 copy of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. 5) Offeror shall submit complete emailed electronic copy in a portable document format (.pdf) of the following documentation: (a) Complete manufacturer’s product specifications, (b) Product literature, (c) Sustainability certification documents, (d) Warranty, (e) Self-certifying statement confirming ability to meet project deadline, and (f) Lead Time.

Pricing: Offeror shall submit unit prices rounded to the nearest hundredth, per line item.

Please ensure unit price and total amounts are correct.

Period for acceptance of offers: The offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers.

Failure to submit a complete offer may result in a removal from further consideration for award

E.2 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)

The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.

(End of Provision)

E.3 52.225-6 TRADE AGREEMENTS CERTIFICATE (FEB 2021)

(a) The offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements."

(b) The offeror shall list as other end products those supplies that are not U.S.-made or designated country end products.

Other End Products

Line item No. Country of origin

[List as necessary]

(c) The Government will evaluate offers in accordance with…