S02. 36C26326Q0811.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

656-26-4-0236-0790

36C26326Q0811 07-27-2026

Evan Beachy 319-688-3629 08-10-2026 4:00pm CDT

36C263

DEPARTMENT OF VETERANS AFFAIRS

NETWORK CONTRACTING OFFICE 23

1303 5TH STREET, SUITE 300

CORALVILLE IA 52241

X 100

X

811210

$34 Million

N/A

36C656

DEPARTMENT OF VETERANS AFFAIRS

St. Cloud VA Health Care System 4801 Veterans Dr.

St. Cloud MN 56303

36C263

DEPARTMENT OF VETERANS AFFAIRS

NETWORK CONTRACTING OFFICE 23

DEPARTMENT OF VETERANS AFFAIRS

FMS-VA-2(101)

FINANCIAL SERVICES CENTER

PO BOX 149971

AUSTIN TX 78714-9971

See CONTINUATION Page

Patient Ceiling Lift Maintenance - STC

See attached SOW for Guldmann Ceiling Lift Maintenance services at the St. Cloud VA Medical Center.

Note block 30 - This document must be signed and returned in order to be considered. Email all required and completed documents to: evan.beachy@va.gov.

Email any written questions via email by August 3, 2026.

Responses to questions will be posted as an amendment to the solicitation.

See CONTINUATION Page

656-3660162-0236-855100-2543-010050192 656-26-4-0236-0790

TBD

X 1

John Milroy

VA-VHA-RPOC-2023-0067

36C26326Q0811

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...24

C.4 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS

(DEVIATION APR 2026)

C.5 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

C.6 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

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

(DEVIATION)

C.7 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

E.2 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS— COMMERCIAL

ITEMS

E.3 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.4 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)

E.5 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS

AND CERTIFICATIONS (NOV 2025) (DEVIATION)

E.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C263

DEPARTMENT OF VETERANS AFFAIRS

NETWORK CONTRACTING OFFICE 23

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 []

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

STATEMENT OF WORK:

Annual Certification and Maintenance for Ceiling Mounted Lifts Scope of Contract:

The St. Cloud VA Health Care System (STCVAHCS) has a requirement for comprehensive maintenance support and annual Certification of 143 ceiling mounted Patient lifts located on the STCVAHCS campus, 4801 Veterans Drive, St. Cloud, MN 56303 as identified in the Equipment List (below), and need to conform to the applicable original equipment manufacturers (OEM) specifications. The ceiling lifts are located across the entire campus and used by several clinical departments. The number of lifts may change due to being out of service or newly installed.

GENERAL TERMS AND CONDITIONS

Support Services.

The following services shall be provided:

Annual Certification/Maintenance:

Certified Technicians: All Technicians completing the tasks must have and provide a current Guldmann Service and Maintenance certificate prior to completing the work.

Technician certification status validation will be verified.

Visual Inspection: Inspect the unit to ensure that all system components are clean and functioning within designed specifications

Mechanical/Electrical Inspection: Inspect all power and control wire termination points.

Inspect all mechanical and lift sling components, including rails or switch tracks.

Functional Verification: Verify the lift performs as it should under load and to manufacturers specifications

Implement Updates: Verify and implement all required field updates and modifications

Provide Documentation: Deliver a site report documenting any failures and repairs.

Complete VA documents such as Corrective and Preventive Maintenance Checklist.

Inspection Documentation: Contractor shall apply dated sticker to the rails and motors after certification.

Perform all inspections in accordance with manufacturers’ requirements.

Contractor will complete repairs on any deficiencies found in the hoist, rails, switch track, and combi-lock system during the annual inspections. Contractor shall provide quote of parts needed for repair to the POC prior to orders.

For non-Guldmann ceiling lifts only inspection services will be performed. Any repair work for non-Gulmann lifts will be performed outside of this contract.

Contractor is responsible to provide all labor, tools, and necessary equipment to conduct patient ceiling lift inspections and maintenance services.

Submit Site Report to the Government for any/all work performed Contractor shall provide estimates and justification for all corrective maintenance.

If repairs are required and have been approved, supply items will be purchased by use of the Government Credit Card.

Work shall be performed during normal business hours Monday through Friday 8:00 am to 4:30 pm excluding Federal Holidays, unless otherwise authorized by the site's POC Contractor badge shall be worn by all Contractor employees while on premises.

Contractor badges are issued in B-3, second floor, Facilities Maintenance and Operations Office. VA will facilitate site access for contractor service personnel.

Contractor personnel will be notified of any safety training and/or safety equipment requirements VA Point of Contact: Facilities Management at 320-252-1670 x6245

SPECIFICATIONS:

During the service term the contractor will provide maintenance support consisting of Scheduled Maintenance and Unscheduled Maintenance as defined below.

SCHEDULED MAINTENANCE:

“Scheduled Maintenance Support” services shall be performed in accordance with, and during normal business hours and shall consist of the following:

Annual, Semi-annual and Quarterly preventive maintenance checks and services as recommended or required by OEM and conducted in accordance with the lift manufacture’s then current applicable Preventive Maintenance Check List (“PMCL”)

Performance Checks consisting of labor to perform a scheduled inspection in accordance with the lift manufacture’s then current Performance Checklist.

o Preventive maintenance (PM) services are systematic evaluations and measures performed ensure that the delivered products identified in the Equipment List conform to the applicable OEM functional specifications.

PM services shall include, but are not limited to:

• Equipment cleaning and lubrication as required

• Review of operating system software diagnostics

• Review of Error/Fault logs

• Equipment calibration

• Replacement of components, parts, assemblies in accordance with OEM preventive maintenance procedures and as OEM part replacement schedule points are reached

• Inspection of electrical components, conductors, circuit boards and assemblies and replacement of those that display signs of wear or factors that could impair equipment function as necessary

• Inspection of electrical wiring and mechanical cables, all associated couplings and fixtures for integrity and tension and adjustment, repair or replacement as necessary

• Inspection of all mechanical components for mechanical integrity, safety, and function and replacement as necessary,

• Parts may be replaced with manufacturer refurbished, new OEM approved parts or repaired as appropriate. No gray market parts will be installed

• Subsequent system functional verification

• Completion and submittal of service documentation as defined in

Documentation/Reports below.

UNSCHEDULED MAINTENANCE SUPPORT:

“Unscheduled Maintenance” support shall consist of the following

Software Updates and Upgrades.

During the service term, the awarded vendor will notify POC when updates and/or upgrades, of device software, operating system software, and device firmware are available and will schedule installation of said update and/or upgrade with the POC.

On-Site Unscheduled Maintenance support:

During the service term, the awarded vendor shall provide on-site support to resolve those problems unable to be resolved via Telephone Support On-Site Support for the delivered products listed in the Equipment List. On-site unscheduled maintenance shall include but is not limited to the following:

• Repair or replacement of system components or assemblies

• Parts may be replaced with manufacturer refurbished, new OEM approved parts or repaired as appropriate. No gray market parts will be installed

• Equipment Cleaning and lubrication as necessary

• Review of operating system software diagnostics

• Review of Error/Fault logs

• Equipment calibration

• Updates and/or Upgrades, of device software, operating system software, and device firmware

• Subsequent system functional verification

• Completion and submittal of service documentation as defined below

Any repairs which are estimated by the awarded vendor to cost in excess of 50% of the unit's current value (the awarded vendor will provide the POC with a written estimate in such cases)

DOCUMENTATION/REPORTS:

• The awarded vendor’s Field Service Engineer (FSE) shall document all maintenance support services rendered on a legible Engineering Service Report (ESR). ESRs shall be provided no later than 5 business days after completion of service.

• One ESR shall be submitted for one service activity (either Scheduled or Unscheduled maintenance) for each line item on the Equipment List. Multiple devices will not be listed on a single ESR. While Scheduled and Unscheduled maintenance activities occur concurrently, ESRs documenting Scheduled Maintenance activities will be submitted separately from those ESRs that document Unscheduled Maintenance activity.

• An ESR must contain the following:

o Date and time of arrival on station o Name and functional capacity of all FSE personnel on station involved with the maintenance activity documented by the ESR o Description of service i.e. Scheduled, Unscheduled o Description of reported problem, actual cause of problem o List of any pertinent faults or errors and definitions as necessary o Detailed statement of work performed and listing of test values obtained during functional verification of device o Type, model, location, and serial number of equipment on which service was performed o Total time spent on work performed o Travel time will be listed independently from on station labor o Complete list of parts replaced including OEM part numbers o List all test equipment used and date of last NIST calibration o Date and time VA equipment was returned to service o Evidence of appropriate system functionality must be provided following any and all work performed.

o Include number of lift cycles

CONTRACTOR RESPONSIBILITIES:

• Furnish all labor, supervision, transportation, parts, test equipment, tools, current applicable manuals, drawings, testing measurement metrics, chamber cleaning chemicals and equipment and expertise necessary to maintain the items identified on the Equipment List, in accordance with applicable OEM specifications.

• Schedule all service activities with the POC prior to committal of any time or labor towards on-site support

• Contact Facilities Management at 320-252-1670 x6245 number prior to arrival at the STCVAHCS, to arrange for an escort while on campus. This check in is mandatory.

• Perform scheduled maintenance in accordance with the manufacturers recommended intervals. Changes in this periodicity require CO approval.

• Complete all maintenance within 30 business days of the Government’s request for service.

• Establish a mutually acceptable maintenance schedule that fulfills OEM scheduled maintenance requirements for the duration of the contract prior to commencing any work,

• Provide evidence that all testing equipment used in the course of any maintenance procedures has a current NIST calibration at time of service.

• Not alter any device settings without customer consent.

o In the event maintenance procedures necessitate changing any device setting, to include device networking and data recording settings, all settings must be documented “as found” prior to any changes. All changes will be documented as deviations from the “as found” state.

o Any changed settings not necessary to return the delivered products to a state of conformance with applicable OEM specifications will be returned to the “as found” condition prior to FSE departure from the location of maintenance.

• Perform all scheduled service/repairs during normal business hours of operation

(Normal business hours are 08:00 AM to 4:30 PM, Monday through Friday, excluding Federal holidays) unless one of the following situations exist:

o Conditions exist during normal business hours prohibitive to conduct the maintenance properly.

o The Government requires the maintenance be done outside of normal business hours to maintain continuity in patient care and work flow

• In the event serviced equipment require off site repair, planned removal will be approved by and coordinated with the POC and affected department administration.

PARTS:

Parts required for repairs will be purchased from authorized OEM parts distribution network and delivered to STCVAHCS site. In the course of providing support services as described herein, The awarded vendor shall provide via authorized dealer, authorized distributor or authorized reseller all necessary new or factory reconditioned OEM parts and components. Non-factory reconditioned parts removed from other equipment shall not be installed without specific prior approval by the CO or the POC. Service personnel providing maintenance on site shall have ready access to all parts, components and assemblies necessary to return the device to a condition that conforms to applicable OEM specifications. All replacement units, parts, components, and materials utilized in the maintenance, repair, or alteration of equipment shall be compatible with that of existing equipment on which it is to be installed; shall be of equal or better quality than original equipment units, parts, components, and materials, and shall conform to the original equipment technical specifications and installed in accordance with original design and manufacturer intent.

AEMS_MERS

RefID Description Mfg Name

Mode l Serial #

Locatio n

656 EE23853

LIFT PATIENT CEILING

660#

Guldmann Inc GH3 05356 211-050

656 EE23855

LIFT PATIENT CEILING

660#

Guldmann Inc GH3 05359 162-050

656 EE23848

LIFT PATIENT CEILING

660#

Guldmann Inc GH3 05355 249-050

656 EE23849

LIFT PATIENT CEILING

660#

Guldmann Inc GH3 05335 238-050

656 EE23860

LIFT PATIENT CEILING

660#

Guldmann Inc GH3 05324 123-050

656 EE28767

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 30744

240A-

656 EE28781

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 30731 113-049

656 EE28808

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 30722

249A-

656 EE28800

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 30713

149A-

656 EE28792

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 30753 260-049

656 EE28809

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 15979

254A-

656 EE28793

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 30705 160-049

656 EE28802

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 30719

266A-

656 EE28820

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 30724

239A-

656 EE28811

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 15976

153A-

656 EE28821

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 15975 216-050

656 EE33704

LIFT PATIENT CEILING

770#

Guldmann Inc GH3 99446 122-116

656 EE24774

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 41978

136A-

656 EE28795

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 30707 163-049

656 EE28786

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 30735 140-051

656 EE28805

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 15985

166A-

656 EE28787

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 30746 218-049

656 EE28797

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 30709 215-049

656 EE28828

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 15991 112-049

656 EE28826

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 15977 206-050

656 EE34070

LIFT PATIENT CEILING

770#

Guldmann Inc GH3 05326 212-051

656 EE28769

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 30748 208-050

656 EE28765

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 30743 190-050

656 EE28799

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 30711

140A-

656 EE28803

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 30717

154A-

656 EE28813

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 15984

241A-

656 EE28772

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 30750

122A-

656 EE28788

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 30720

226A-

656 EE28782

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 30726

132A-

656 EE28824

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 15981

210A-

656 EE28817

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 30715 264-049

656 EE28758

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 30733

110A-

656 EE28796

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 30710

242A-

656 EE28768

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 30747 165-049

656 EE28760

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 30732

226A-

656 EE28761

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 30730

134A-

656 EE28763

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 30741

123A-

656 EE21504

LIFT PATIENT CEILING

770#

Guldmann Inc GH3 05402 236-050

656 EE28773

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 30708 118-049

656 EE28774

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 30701 113-050

656 EE28778

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 30745 117-049

656 EE28798

LIFT PATIENT CEILING

550#

Inc GH3 30714 213-049

656 EE28789

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 30754

133A-

656 EE28780

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 30729 111-049

656 EE28790

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 30755 212-049

656 EE28777

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 30702 190-050

656 EE28791

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 30752

126A-

656 EE21488

LIFT PATIENT CEILING

770#

Guldmann Inc GH3 05319 202-048

656 EE28818

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 30723

233A-

656 EE28801

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 30716

227A-

656 EE28783

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 30738 211-049

656 EE28819

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 30721 220-050

656 EE28810

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 15988

142A-

656 EE28784

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 30737 164-049

656 EE28794

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 30703 265-049

656 EE28785

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 30740

126A-

656 EE28812

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 15987

139A-

656 EE28804

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 15990

253A-

656 EE28822

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 15983 239-050

656 EE34074

LIFT PATIENT CEILING

770#

Guldmann Inc GH3 05321 184-050

656 EE34075

LIFT PATIENT CEILING

770#

Guldmann Inc GH3 05318 116-050

656 EE21503

LIFT PATIENT CEILING

770#

Guldmann Inc GH3 05327 136-051

656 EE28823

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 15982 222-050

656 EE28806

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 15978

141A-

656 EE28814

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 30718 250-050

656 EE28807

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 30725 216-050

656 EE28815

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 30736

234A-

656 EE28825

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 15992 202-048

656 EE28816

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 30712 162-049

656 EE28827

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 15989 217-049

656 EE31603

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 15986 208-049

656 EE31604

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 15980 108-049

656 EE31605

LIFT PATIENT CEILING

770#

Guldmann Inc GH3 15994 211-051

656 EE31606

LIFT PATIENT CEILING

770#

Guldmann Inc GH3 15995

127A-

656 EE22618

LIFT PATIENT CEILING

660#

Guldmann Inc GH3 05330 202-048

656 EE22620

LIFT PATIENT CEILING

660#

Guldmann Inc GH3 05338 202-048

656 EE23844

LIFT PATIENT CEILING

1000#

Guldmann Inc GH3 05369/05369 284-050

656 EE22616

LIFT PATIENT CEILING

660#

Guldmann Inc GH3 05343 290-050

656 EE22617

LIFT PATIENT CEILING

660#

Guldmann Inc GH3 05363 202-048

656 EE24464

LIFT PATIENT CEILING

770#

Guldmann Inc GH3 09196

036C-

656 EE24773

LIFT PATIENT CEILING

660#

Guldmann Inc GH3 05353 116-050

656 EE24782

LIFT PATIENT CEILING

660#

Guldmann Inc GH3 05342 236-050

656 EE24776

LIFT PATIENT CEILING

660#

Guldmann Inc GH3 05352 163-051

656 EE24780

LIFT PATIENT CEILING

660#

Guldmann Inc GH3 05345 245-051

656 EE28759

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 30734 162-049

656 EE28770

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 30749

232A-

656 EE28771

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 30751 262-049

656 EE28762

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 30728

222A-

656 EE28764

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 30739 263-049

656 EE28779

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 30727 115-049

656 EE28775

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 30706 159-049

656 EE28766

LIFT PATIENT CEILING

550#

Inc GH3 30742 259-049

656 EE28776

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 30704

223A-

656 EE26360

LIFT PATIENT CEILING

660#

Guldmann Inc GH3 05366 202-048

656 EE23852

LIFT PATIENT CEILING

660#

Guldmann Inc GH3 05333 234-050

656 EE23842

LIFT PATIENT CEILING

660#

Guldmann Inc GH3 05341 108-050

656 EE23854

LIFT PATIENT CEILING

660#

Guldmann Inc GH3 05360 168-050

656 EE23858

LIFT PATIENT CEILING

660#

Guldmann Inc GH3 05357 184-050

656 EE23859

LIFT PATIENT CEILING

660#

Guldmann Inc GH3 05358 139-050

656 EE23850

LIFT PATIENT CEILING

770#

Guldmann Inc GH3 05314 167-050

656 EE23861

LIFT PATIENT CEILING

660#

Guldmann Inc GH3 05329 120-050

656 EE23851

LIFT PATIENT CEILING

660#

Guldmann Inc GH3 05340 294-050

656 EE22619

LIFT PATIENT CEILING

660#

Guldmann Inc GH3 05334 202-048

656 EE22621

LIFT PATIENT CEILING

660#

Guldmann Inc GH3 05336 140-051

656 EE24777

LIFT PATIENT CEILING

660#

Guldmann Inc GH3 05344 147-051

656 EE24779

LIFT PATIENT CEILING

660#

Guldmann Inc GH3 05351 245-051

656 EE22623

LIFT PATIENT CEILING

660#

Guldmann Inc GH3 05337 159-051

656 EE22615

LIFT PATIENT CEILING

660#

Guldmann Inc GH3 05331 218-051

656 EE24781

LIFT PATIENT CEILING

660#

Guldmann Inc GH3 05346 234-051

656 EE21494

LIFT PATIENT CEILING

770#

Guldmann Inc GH3 05313 209-051

656 EE21495

LIFT PATIENT CEILING

770#

Guldmann Inc GH3 05320 133-050

656 EE21498

LIFT PATIENT CEILING

770#

Guldmann Inc GH3 05323 213-051

656 EE21491

LIFT PATIENT CEILING

770#

Guldmann Inc GH3 05316 155-050

656 EE21506

LIFT PATIENT CEILING

770#

Guldmann Inc GH3 05111 213-051

656 EE23843

LIFT PATIENT CEILING

660#

Guldmann Inc GH3 05367 152-051

656 EE22614

LIFT PATIENT CEILING

660#

Guldmann Inc GH3 05339 216-051

656 EE23856

LIFT PATIENT CEILING

660#

Inc GH3 05361 181-050

656 EE24775

LIFT PATIENT CEILING

660#

Guldmann Inc GH3 05349 163-051

656 EE24783

LIFT PATIENT CEILING

660#

Guldmann Inc GH3 09266 294-051

656 EE21492

LIFT PATIENT CEILING

770#

Guldmann Inc GH3 05317 193-050

656 EE23845

LIFT PATIENT CEILING

770#

Guldmann Inc GH3 05325 284-050

656 EE24778

LIFT PATIENT CEILING

660#

Guldmann Inc GH3 05347 152-051

656 EE26359

LIFT PATIENT CEILING

660#

Guldmann Inc GH3 05365 153-051

656 EE26361

LIFT PATIENT CEILING

660#

Guldmann Inc GH3 05350 236-051

656 MX421314

LIFT PATIENT CEILING

770#

Guldmann Inc GH3 26805

148A-

656 MX421309

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 99449 168-049

656 MX421312

LIFT PATIENT CEILING

550#

Guldmann Inc GH3 99448 268-049

656 MX421317

LIFT PATIENT CEILING

770#

Guldmann Inc GH3 26804

248A-

656 MX435605

LIFT PATIENT CEILING

660#

Guldmann Inc GH3 05328 213-050

656 MX683352

LIFT PATIENT CEILING

770#

Guldmann Inc GH3 99445

017F-

656 MX2581724

LIFT PATIENT CEILING

660#

Guldmann Inc GH3 0000109006 135-048

656 MX2828669

LIFT PATIENT CEILING

450# Handicare A-450

A20220916210013

A215-

656 MX2828672

LIFT PATIENT CEILING

450# Handicare A-450

A20220916210011

108A-

656 MX2828674

LIFT PATIENT CEILING

450# Handicare A-450

A20220916210014

109C-

656 MX3495061

LIFT PATIENT CEILING

825#

Guldmann Inc GH3 0000133430

124-

CBCA

656 MX3614840

LIFT PATIENT CEILING

625# Handicare A-625

A20240424297661

COE-

656 MX3626369

LIFT PATIENT CEILING

825#

Guldmann Inc GH3 0000135857

127-

CBCW

RECORDS MANAGEMENT OBLIGATIONS

A. Applicability This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists. B. Definitions “Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them. The term Federal record: 1. includes [Agency] records. 2. does not include personal materials. 3. applies to records created, received, or maintained by Contractors pursuant to their [Agency] contract. 4. may include deliverables and documentation associated with deliverables. C. Requirements 1.

Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a).

These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion. 2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C.

552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation. 3.

In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data. 4. [Agency] and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of [Agency] or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C.

2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to [Agency]. The agency must report promptly to NARA in accordance with 36 CFR 1230. 5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to [Agency] control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle].

Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4). 6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and [Agency] guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information. 7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with [Agency] policy. 8. The Contractor shall not create or maintain any records containing any non-public [Agency] information that are not specifically tied to or authorized by the contract. 9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act. 10. The [Agency] owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which [Agency] shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227 20. 11. Training.

All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take [Agency]-provided records management training.

The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training. [Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.] D. Flowdown of requirements to subcontractors 1. The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same. 2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

B.2 PRICE/COST SCHEDULE

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 YR __________________ __________________

ANNUAL COMPREHENSIVE MAINTENANCE AND ANNUAL

CERTIFICATION OF 143 CEILING MOUNTED PATIENT LIFTS. THIS IS

THE BASE YEAR OF A 5 YEAR CONTRACT. THIS IS A VA

REQUIRMENT TO HAVE DONE PER VA DIRECTIVE 1611 AND NCPS

PATIENT SAFETY ALERT AL 14-07

Contract Period: Base POP Begin: 09-01-2026 POP End: 08-31-2027 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

CERTIFICATION OF 143 CEILING MOUNTED PATIENT LIFTS. THIS IS A

VA REQUIRMENT TO HAVE DONE PER VA DIRECTIVE 1611 AND NCPS

PATIENT SAFETY ALERT AL 14-07

Contract Period: Option 1 POP Begin: 09-01-2027 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance

CERTIFICATION OF 143 CEILING MOUNTED PATIENT LIFTS. THIS IS A

VA REQUIRMENT TO HAVE DONE PER VA DIRECTIVE 1611 AND NCPS

PATIENT SAFETY ALERT AL 14-07

Contract Period: Option 2 POP Begin: 09-01-2028 POP End: 08-31-2029 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance

CERTIFICATION OF 143 CEILING MOUNTED PATIENT LIFTS. THIS IS A

VA REQUIRMENT TO HAVE DONE PER VA DIRECTIVE 1611 AND NCPS

PATIENT SAFETY ALERT AL 14-07

Contract Period: Option 3 POP Begin: 09-01-2029 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance

CERTIFICATION OF 143 CEILING MOUNTED PATIENT LIFTS. THIS IS A

VA REQUIRMENT TO HAVE DONE PER VA DIRECTIVE 1611 AND NCPS

PATIENT SAFETY ALERT AL 14-07

Contract Period: Option 4 POP Begin: 09-01-2030 POP End: 08-31-2031 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance

GRAND TOTAL __________________

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…