S02_RFQ 36C26223Q0622 SURGICAL POWER DRILL_MAINTENANCE.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

36C26223Q0622 03-10-2023

DEBBY ABRAHAM (562)766-2225 03-17-2023

4PM PST

36C262

Department of Veterans Affairs

Network Contracting Office 22

4811 Airport Plaza Drive

Suite 600

Long Beach CA 90815

X 100

X

339112

1000 Employees

N/A

36C262

VA Long Beach Healthcare System

Supply Warehouse

5901 E. 7th Street

Long Beach CA 90822

Department of Veterans Affairs

Network Contracting Office 22

4811 Airport Plaza Drive

Department of Veterans Affairs

Financial Services Center

See CONTINUATION Page

PLEASE REVIEW THE FOLLOWING:

ITEMS SCHEDULE

SALIENT CHARACTERISTICS AND ALL CLAUSES

PERIOD OF DELIVERY WILL BE NO LATER THAN 90 DAYS AFTER AWARD

ALL QUESTIONS MUST BE SUBMITTED BY: MARCH 14,2023 VIA

ALL QUOTES MUST BE RECEIVED BY MARCH 17,2023

THIS IS A FIRM FIXED PRICE (FFP) REQUIREMENT.

See CONTINUATION Page

36C26223Q0622

Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

B.4 SALIENT CHARACTERISTICS

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (DEC 2022)

A.1 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

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

C.2 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.3 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED SERVICE-

DISABLED VETERAN OWNED SMALL BUSINESSES (NOV 2022)

C.4 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING--

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (NOV 2022)

C.5 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

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

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

C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEC 2022)

C.9 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...37

C.10 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (NOV 2021)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.216-1 TYPE OF CONTRACT (APR 1984)

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

E.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.6 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

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:

Contract Specialist Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

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

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

[X] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [x] upon delivery of items.

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 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

12.00 MO _______________ _______________

Base Period: Estimated: 3/22/2023-3/21/2024

BRAND NAME:

Stryker Power Equipment Lease & Procare Maintenance Services

EQUAL TO PRODUCT: Surgical power drill and saw equipment for surgical operations & Service Maintenance

MUST INCLUDE ALL PRODUCTS LISTED IN THE STATEMENT OF WORK

UNDER THE FOLLOWING SYSTEMS:

-Large Bone -Sports Med/Trauma -Sternum -Small Bone Corded -Small Bone Cordless -Console -Sterile Batteries

Leased Equipment

BRAND NAME: Large Bone: System 8 Cordless Drill

EQUAL TO PRODUCT: LARGE BONE CORDLESS DRILL

BRAND NAME: Sports Med/Trauma: Stryker CD8 SABO Saw EQUAL TO PRODUCT: Sports Med/Trauma Saw

BRAND NAME: System 8 Sternal Saw

EQUAL TO PRODUCT: STERNAL SAW

BRAND NAME: Small Bone Corded: TPX

EQUAL TO PRODUCT: SMALL BONE CORDED

BRAND NAME: Small Bone Cordless: F1

EQUAL TO PRODUCT: SMALL BONE CORDLESS

BRAND NAME: TPX Console

EQUAL TO PRODUCT: CONSOLE

Sterile Batteries

Equipment Service Maintenance

BRAND NAME: Procare: Large Bone System 8 Cordless Drill

EQUAL TO PRODUCT: SERVICE MAINTENANCE LARGE BONE DRILL

BRAND NAME: Procare: Sports Med/Trauma Stryker CD8 SABO Saw

EQUAL TO PRODUCT: SERVICE MAINTENANCE SPORTS MED/TRAUMA SAW

BRAND NAME: Procare: System 8 Sternal Saw

EQUAL TO PRODUCT: SERVICE MAINTENANCE STERNAL SAW

BRAND NAME: Procare: Small Bone Corded TPX

EQUAL TO PRODUCT: SERVICE MAINTENANCE SMALL BONE CORDED

BRAND NAME: Procare: Small Bone Cordless F1

EQUAL TO PRODUCT: SERVICE MAINTENACE SMALL BONE CORDLESS

BRAND NAME: Procare: TPX Console

EQUAL TO PRODUCT: SERVICE MAINTENANCE CONSOLE

BRAND NAME: Procare: Batteries/Footpetal

EQUAL TO PRODUCT: SERVICE MAINTENANCE BATTERIES/FOOTPETAL

OPTION YEAR 1: Estimated: 3/22/2024-3/21/2025

BRAND NAME: Stryker Power Equipment Lease & Procare Maintenance Services

EQUAL TO PRODUCT: Surgical power drill and saw equipment for surgical operations & Service Maintenance

MUST INCLUDE ALL PRODUCTS LISTED IN THE STATEMENT OF WORK

UNDER THE FOLLOWING SYSTEMS:

-Large Bone -Sports Med/Trauma -Sternum -Small Bone Corded -Small Bone Cordless

BRAND NAME: System 8 Sternal Saw

EQUAL TO PRODUCT: STERNAL SAW

BRAND NAME: Small Bone Corded: TPX

EQUAL TO PRODUCT: SMALL BONE CORDED

BRAND NAME: Small Bone Cordless: F1

EQUAL TO PRODUCT: SMALL BONE CORDLESS

BRAND NAME: TPX Console

EQUAL TO PRODUCT: SERVICE MAINTENANCE LARGE BONE DRILL

BRAND NAME: Procare: Sports Med/Trauma Stryker CD8 SABO Saw

EQUAL TO PRODUCT: SERVICE MAINTENANCE SPORTS MED/TRAUMA SAW

BRAND NAME: Procare: Small Bone Cordless F1

EQUAL TO PRODUCT: SERVICE MAINTENACE SMALL BONE CORDLESS

BRAND NAME: Procare: TPX Console

EQUAL TO PRODUCT: SERVICE MAINTENANCE CONSOLE

OPTION YEAR 2 Estimated: 3/22/2025-3/21/2026

BRAND NAME:

Stryker Power Equipment Lease & Procare Maintenance Services

EQUAL TO PRODUCT: Surgical power drill and saw equipment for surgical operations & Service Maintenance

MUST INCLUDE ALL PRODUCTS LISTED IN THE STATEMENT OF WORK

UNDER THE FOLLOWING SYSTEMS:

-Large Bone -Sports Med/Trauma -Sternum -Small Bone Corded -Small Bone Cordless

BRAND NAME: System 8 Sternal Saw

EQUAL TO PRODUCT: STERNAL SAW

BRAND NAME: Small Bone Corded: TPX

EQUAL TO PRODUCT: SMALL BONE CORDED

BRAND NAME: Small Bone Cordless: F1

EQUAL TO PRODUCT: SMALL BONE CORDLESS

BRAND NAME: TPX Console

EQUAL TO PRODUCT: SERVICE MAINTENANCE LARGE BONE DRILL

BRAND NAME: Procare: Sports Med/Trauma Stryker CD8 SABO Saw

EQUAL TO PRODUCT: SERVICE MAINTENANCE SPORTS MED/TRAUMA SAW

BRAND NAME: Procare: Small Bone Cordless F1

EQUAL TO PRODUCT: SERVICE MAINTENACE SMALL BONE CORDLESS

BRAND NAME: Procare: TPX Console

EQUAL TO PRODUCT: SERVICE MAINTENANCE CONSOLE

0004 12.00 MO _______________ _______________

OPTION YEAR 3 Estimated: 3/22/2026-3/21/2027

EQUAL TO PRODUCT: Surgical power drill and saw equipment for surgical operations & Service Maintenance

MUST INCLUDE ALL PRODUCTS LISTED IN THE STATEMENT OF WORK

UNDER THE FOLLOWING SYSTEMS:

-Large Bone -Sports Med/Trauma -Sternum -Small Bone Corded -Small Bone Cordless

BRAND NAME: System 8 Sternal Saw

EQUAL TO PRODUCT: STERNAL SAW

BRAND NAME: Small Bone Corded: TPX

EQUAL TO PRODUCT: SMALL BONE CORDED

BRAND NAME: Small Bone Cordless: F1

EQUAL TO PRODUCT: SMALL BONE CORDLESS

BRAND NAME: TPX Console

EQUAL TO PRODUCT: SERVICE MAINTENANCE LARGE BONE DRILL

BRAND NAME: Procare: Sports Med/Trauma Stryker CD8 SABO Saw

EQUAL TO PRODUCT: SERVICE MAINTENANCE SPORTS MED/TRAUMA SAW

BRAND NAME: Procare: Small Bone Cordless F1

EQUAL TO PRODUCT: SERVICE MAINTENACE SMALL BONE CORDLESS

BRAND NAME: Procare: TPX Console

EQUAL TO PRODUCT: SERVICE MAINTENANCE CONSOLE

0005 12.00 MO ______________ _______________

OPTION YEAR 4 Estimated: 3/22/2026-3/21/2027

EQUAL TO PRODUCT: Surgical power drill and saw equipment for surgical operations & Service Maintenance

MUST INCLUDE ALL PRODUCTS LISTED IN THE STATEMENT OF WORK

UNDER THE FOLLOWING SYSTEMS:

-Large Bone -Sports Med/Trauma -Sternum -Small Bone Corded -Small Bone Cordless

BRAND NAME: System 8 Sternal Saw

EQUAL TO PRODUCT: STERNAL SAW

BRAND NAME: Small Bone Corded: TPX

EQUAL TO PRODUCT: SMALL BONE CORDED

BRAND NAME: Small Bone Cordless: F1

EQUAL TO PRODUCT: SMALL BONE CORDLESS

BRAND NAME: TPX Console

EQUAL TO PRODUCT: SERVICE MAINTENANCE LARGE BONE DRILL

BRAND NAME: Procare: Sports Med/Trauma Stryker CD8 SABO Saw

EQUAL TO PRODUCT: SERVICE MAINTENANCE SPORTS MED/TRAUMA SAW

BRAND NAME: Procare: Small Bone Cordless F1

EQUAL TO PRODUCT: SERVICE MAINTENACE SMALL BONE CORDLESS

BRAND NAME: Procare: TPX Console

EQUAL TO PRODUCT: SERVICE MAINTENANCE CONSOLE

GRAND TOTAL _______________

B.3 DELIVERY SCHEDULE

Your quote should include the standard delivery cost for shipment of the all the items within pricing and any installation as all inclusive, if required. All items will be delivered to:

VA Long Beach Healthcare System Supply Warehouse 5901 E. 7th Street Long Beach, CA 90822

B.4 SALIENT CHARACTERISTICS

BRAND NAME: Stryker

Equal to product: Surgical power drill and saw equipment for surgical operations including

Orthopedic, Podiatric, ENT, Plastic Surgery, General Surgery cases.

Contractor must provide power saw and drill equipment and accessories for various surgical specialties as listed below.

B.4.1 Leased Equipment

BRAND NAME:

Large Bone: System 8 Cordless Drill

EQUAL TO PRODUCT:

LARGE BONE CORDLESS DRILL

Product Number Description U/M Qty

8205-000-000 System 8 Dual Trigger Rotary EA 9

8208-000-000 System 8 Sagittal Saw EA 7

8206-000-000 System 8 Reciprocating Saw EA 7

8203-226-000 Dual Trigger Large Collet EA 7

8203-126-000 Dual Trigger Pin Collet EA 7

6203-210-000 AO Large Reamer Attachment EA 7

6203-135-000 Hudson/Modified Trinkle Attachment EA 7

6203-113-000 Hudson Attachment EA 7

6203-110-000 AO Small Attachment EA 7

6203-131-000 1/4" Keyed Chuck EA 14

7102-654-000 3 Handpiece Solid Container Bundle EA 7

4100-110-000 Synthes AO Small Drill EA 8

4100-132-000 5/32IN inch Jacobs Drill with Key EA 8

4100-131-000 1/4" Jacobs Drill With Key EA 8

4405-231-000 POWEReam 1/4" Keyed Chuck EA 8

4505-000-000 System 8 Cordless Driver EA 5

4508-000-000 System 8 Sabo Sagittal Saw EA 5

4100-160-000 Trinkle Drill EA 8

4500-125-000 Universal Wire/Pin Collet EA 8

4100-215-000 DHS Reamer Cordless Rotary

Attachment

EA 8

4100-131-132 Universal Chuck Key EA 8

4405-652-000 Cordless Driver & Sabo Solid Container

Bundle

EA 5

BRAND NAME: System 8 Sternal Saw

EQUAL TO PRODUCT: STERNAL SAW

8207-000-000 System 8 Sternum Saw EA 2

7207-003-000 Sternum Blade Guard System 8

Attachment

EA 2

7102-653-000 Cont W/ Solid Btm Kit EA 2

BRAND NAME: Small Bone Corded: TPX

EQUAL TO PRODUCT: SMALL BONE CORDED

7400-015-000 TPX Micro Drill EA 6

7400-037-000 TPX Recip Saw EA 6

7400-034-000 TPX Sagittal Saw EA 6

7400-031-000 TPX Oscillating Saw EA 6

7400-009-000 TPX Handswitch EA 12

7400-004-000 TPX Cable EA 12

5100-015-250 Microdrill Straight Attachment EA 6

7400-099-000 TPX Universal Driver EA 6

5100-015-270 MD Series Long Straight Attachment EA 6

4100-110-000 Synthes AO Small Drill EA 6

4500-125-000 Universal Wire/Pin Collet EA 6

4100-131-000 1/4" Drill Jacobs Chuck with Key EA 6

4100-132-000 5/32IN inch Jacobs Drill with Key EA 6

4100-131-132 Universal Chuck Key EA 6

6400-654-000 Small Bone Solid Container EA 6

BRAND NAME: Small Bone Cordless: F1

EQUAL TO PRODUCT: SMALL BONE CORDLESS

1900-012-000 F1 Smartgrip (Pistol) Battery Pack EA 4

1900-013-000 F1 Smartgrip (Pencil) Battery Pack EA 4

1900-037-000 F1 Recip Saw EA 2

1900-034-000 F1 Sag Saw EA 2

1900-031-000 F1 Osc Saw EA 2

1900-099-000 F1 Universal Driver Motor EA 2

1900-062-000 F1 Wire Collet .7-2mm EA 2

1900-110-000 F1 Small AO Chuck EA 2

1900-132-000 F1 5/32" Chuck EA 2

1900-015-000 F1 Micro Drill EA 2

7110-190-000 Universal Charger EA 1

1900-476-000 Perforated Container S EA 2

BRAND NAME: TPX Console

EQUAL TO PRODUCT: CONSOLE

5400-052-000US Core 2 - United States EA 3

Sterile Batteries

8215-000-000 System 8 Battery Pack, Large EA 28

8212-000-000 System 8 Battery Pack, Small EA 21

5100-008-000 Footswitch EA 4

B.4.1.2 Equipment Service Maintenance

• Equipment identified as Service Maintenance will be replaced when inoperable, instead of being repaired.

• Equipment identified as Service Maintenance will include Smart Equipment Management System capability (SEM).

• The contractor shall also be responsible for ensuring that leased products are in acceptable quality and working order during the lease period.

• Inoperable equipment shall be repaired or replaced within 24 hours.

Quality

• Preventative maintenance will be performed as part of service maintenance per manufactures recommendation.

• The contractor shall furnish equipment preventative maintenance records quarterly.

Service Product # Product Description Yrs. Qty

EQUAL TO PRODUCT: SERVICE MAINTENANCE LARGE BONE DRILL

008205-000-000W System 8 Dual Trigger ProCare 5 9

8208-000-000W System 8 Sagittal Saw ProCare 5 7

8206-000-000W System 8 Recip Saw ProCare 5 7

8203-226-000W Dual Trigger Large Collet Procare 5 7

8203-126-000W Dual Trigger Pin Collet Procare 5 7

6203-210-000W AO Large Reamer Attachment ProCare 5 7

6203-135-000W Hudson/Modified Trinkle Attachment

ProCare

5 7

6203-113-000W Hudson Attachment ProCare 5 7

6203-110-000W AO Small Attachment ProCare 5 7

6203-131-000W 1/4" Keyed Chuck ProCare 5 47

No Procare Required 3 Handpiece Solid Container Bundle

ProCare

N/A

BRAND NAME: Procare: Sports Med/Trauma Stryker CD8 SABO Saw

EQUAL TO PRODUCT: SERVICE MAINTENANCE SPORTS

MED/TRAUMA SAW

4100-110-000W Synthes AO Small Drill ProCare 5 8

4100-132-000W 5/32IN inch Jacobs Drill with Key ProCare 5 8

4100-131-000W 1/4" Jacobs Drill with Key ProCare 5 8

4405-231-000W POWEReam 1/4" Chuck ProCare 5 8

4505-000-000W System 8 Cordless Driver ProCare 5 5

4508-000-000W System 8 Sabo Sag Saw ProCare 5 5

4100-160-000W Trinkle Drill ProCare 5 8

4500-125-000W Universal Collet ProCare Coverage 5 8

4000-000-000W DHS Reamer Cordless Rotary Attachment

ProCare

5 8

No Procare Required Universal Chuck Key ProCare N/A

No Procare Required Cont W/ Solid Btm Kit ProCare N/A

BRAND NAME: Procare: System 8 Sternal Saw

EQUAL TO PRODUCT: SERVICE MAINTENANCE STERNAL SAW

8207-000-000W System 8 Sternum Saw ProCare 5 2

8000-000-000W Sternum Blade Guard System 8 Attachment

ProCare

5 2

No Procare Required Cont W/ Solid Btm Kit N/A

EQUAL TO PRODUCT: SERVICE MAINTENANCE SMALL BONE

CORDED

7400-015-000W TPX Micro Drill ProCare 5 6

7400-037-000W TPX Reciprocating Saw ProCare 5 6

7400-034-000W TPX Sagittal Saw ProCare 5 6

7400-031-000W TPX Oscillating Saw ProCare 5 6

7400-009-000W TPX Hand Switch ProCare 5 6

7400-004-000W TPX Cable ProCare 5 6

5100-015-250W Microdrill Straight Attachment ProCare 5 6

7400-099-000W TPX Universal Driver ProCare 5 6

5100-015-270W MD Series Long Straight Attachment

ProCare

5 6

4100-110-000W Synthes AO Small Drill ProCare 5 6

4100-125-000W Universal Wire/Pin Collet ProCare 5 6

4100-131-000W 1/4" Drill Jacobs Chuck with Key ProCare 5 6

4100-132-000W 5/32IN inch Jacobs Drill with Key ProCare 5 6

No Procare Required Universal Chuck Key N/A

No Procare Required Small Bone Solid Container N/A

BRAND NAME: Procare: Small Bone Cordless F1

EQUAL TO PRODUCT: SERVICE MAINTENACE SMALL BONE

CORDLESS

1900-012-000W F1 Smartgrip (Pistol) Battery Pack 5 4

1900-013-000W F1 Smartgrip (Pencil) Battery Pack 5 4

1900-037-000W F1 Reciprocating Saw 5 2

1900-034-000W F1 Sag Saw 5 2

1900-031-000W F1 Oscillating Saw 5 2

1900-099-000W F1 Universal Motor Driver 5 2

1900-062-000W F1 Wire Collet .7-2mm 5 2

1900-110-000W F1 Small AO Chuck 5 2

1900-132-000W F1 5/32 Chuck 5 2

1900-015-000W F1 Microdrill 5 2

7110-190-000W UNIVERSAL CHARGER 5 1

No Procare Required Perforated Container S N/A

BRAND NAME: Procare: TPX Console

EQUAL TO PRODUCT: SERVICE MAINTENANCE CONSOLE

5400-052-000W CORE 2 Console 5 3

BRAND NAME: Procare: Batteries/Footpetal

EQUAL TO PRODUCT: SERVICE MAINTENANCE

BATTERIES/FOOTPETAL

8215-000-000W System 8 Battery Pack, Large 5 28

8212-000-000W System 8 Battery Pack, Small 5 21

5100-008-000W TPS Footswitch 5 4

9000-200-002W ProCare Diagnostic Services Tier 3 5 2

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

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

Government must exercise its post-acceptance rights—

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

and

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

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

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

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

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

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

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

Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the

Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by

Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

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

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

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

(i) Payment.—

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

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

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

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-

5(b) for the appropriate EFT clause.

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

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

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

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

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

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

(D) Contractor point of contact.

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

Officer.

(6) Interest.

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

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

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

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

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

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

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

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

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

(A) The date fixed under this contract.

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

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

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

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

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

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

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

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

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

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

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

Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The

Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the

Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain

Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 4701 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and

41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with

Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service

(TOS), or similar legal instrument or agreement, that includes any clause requiring the

Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

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

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

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

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

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

(End of Clause)

A.1 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR

2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within ; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed .

(End of Clause)

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

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within .

(End of Clause)

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

PRODUCTS AND COMMERCIAL SERVICES

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

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

C.2 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting

Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.]

[] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business

Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price

Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[ ] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[ ] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-

Aside.

[ ] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small

Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[X] 852.233–70, Protest Content/Alternative Dispute Resolution.

[X] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[X] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause)

C.3 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED

SERVICE-DISABLED VETERAN OWNED SMALL BUSINESSES (NOV 2022)

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

(1) Means a small business concern—

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

802.201, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a servicedisabled

Veteran with permanent and severe disability, the spouse or permanent caregiver of such

Veteran;

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

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

(iv) The business has been verified for ownership and control pursuant to 38 CFR part 74 and is listed in VA’s Vendor Information Pages (VIP) database at https://www.vetbiz.va.gov/vip/;

and

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

(SBA) regulations regarding small business size and government contracting programs at 13

CFR parts 121 and 125, provided that any reference therein to a service-disabled veteran-owned small business concern or SDVO SBC, is to be construed to apply to a VA verified and

VIPlisted SDVOSB, unless otherwise stated in this clause.

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

(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term ‘‘small business concern owned and controlled by Veterans with service-connected disabilities’’ has the meaning given the term ‘‘small business concern owned and https://www.vetbiz.va.gov/vip/ controlled by servicedisabled veterans’’ under section 3(q)(2) of the Small Business Act (15

U.S.C. 632(q)(2)), except that for a VA contract the firm must be listed in the VIP database (see paragraph (a)(1)(iv) of this clause).

(b) General.

(1) Offers are solicited only from VIP-listed SDVOSBs. Offers received from entities that are not VIP-listed SDVOSBs at the time of offer shall not be considered.

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

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

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only VIP-listed SDVOSBs are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible SDVOSB as defined in this clause, 38 CFR part 74, and VAAR subpart 819.70.

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

CFR 125.6. Unless otherwise stated in this clause, a requirement in 13 CFR parts 121 and 125 that applies to an SDVO SBC, is to be construed to also apply to a VIP-listed SDVOSB. For the purpose of limitations on subcontracting, only VIP-listed SDVOSBs (including independent contractors) shall be considered eligible and/or ‘‘similarly situated’’ (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required certification requirements in this solicitation (see 852.219–75 or

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

(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not VIP-listed SDVOSBs (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/ VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases).

When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(2) Supplies/products.

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

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

125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.

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

SDVOSBs.

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

SDVOSBs.

(5) Subcontracting. An SDVOSB must meet the NAICS size standard assigned by the prime contractor and be listed in VIP to count as similarly situated. Any work that a first tier VIP-listed

SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13 CFR 125.6.

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

[] By the end of the base term of the contract or order, and then by the end of each subsequent option period; or

[] By the end of the performance period for each order issued under the contract.

(f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture is listed in VIP and complies with the requirements in 13 CFR 125.18(b), provided that any requirement therein that applies to an SDVO SBC is to be construed to apply to a VIP-listed

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

(g) Precedence. The VA Veterans First Contracting Program, as defined in VAAR 802.101, subpart 819.70, and this clause, takes precedence over any inconsistencies between the requirements of the SBA Program for SDVO SBCs, and the VA Veterans First Contracting

Program.

(h) Misrepresentation. Pursuant to 38 U.S.C. 8127(g), any business concern, including all its principals, that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB status is subject to debarment from contracting with the Department for a period of not less than five years (see VAAR 809.406–2 Causes for Debarment).

C.4 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON

SUBCONTRACTING--CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND

PRODUCTS (NOV 2022)

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

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

(i) [ ] In the case of a contract for supplies or products (other than from a nonmanufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIPlisted SDVOSBs as set forth in 852.219–73 or VOSBs as set forth in 852.219–

74. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(ii) [ ] In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13

CFR 121.406(b)(5) is granted. The offeror understands that, as provided in 13 CFR

121.406(b)(7), such a waiver has no effect on requirements external to the Small Business Act, such as the Buy American Act or the Trade Agreements Act.

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

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

States, in accordance with paragraph (a)(1)(i).

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

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

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

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

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

(iii) [ ] The offeror certifies that it will supply the end item of a small business manufacturer, processor, or producer made in the United States, unless a waiver as provided in 13 CFR

121.406(b)(5) has been issued by SBA. [Contracting Officer fill-in or removal (see 13 CFR

121.1205). This requirement must be included for a single end item. However, if SBA has issued an applicable waiver of the nonmanufacturer rule for the end item, this requirement must be removed in the final solicitation or contract.] or…