S02 SolicitationVideo Frenzel Goggles VISN 23 36C26326Q0596.docx
DOCX document 250 KB Posted
- Solicitation number
- 36C26326Q0596
About this file
This is a Solicitation/Contract/Order for Commercial Products and Commercial Services (Standard Form 1449) issued by the Department of Veterans Affairs Network Contracting Office 23 for the procurement of Videonystagmographs Frenzel Goggles Systems across multiple VA facilities within VISN 23.
The solicitation seeks brand name or equal equipment to the VisualEyes 505 Frenzel Videonystagmographs Goggles System, with delivery required to four VA medical centers: Iowa City, Minneapolis, Central Iowa, and Nebraska Western Iowa. The contract requires 16 complete system installations (comprising video goggles with dual USB cameras, wireless remote control, room camera with microphone, VisualEyes 505 Software, VORTEQ Assessment Package, OtoAccess Database, and laptop computers), along with installation services, onsite training, and shipping to each location. The base performance period runs from July 15, 2026, to December 15, 2026. Offerors must submit sealed electronic offers to Theresa.Thunder@va.gov by May 18, 2026, at 5:00 PM CDT. The acquisition is unrestricted (not set aside for small business), with a firm-fixed-price contract anticipated under the Lowest Price Technically Acceptable (LPTA) evaluation process. Payment will be made electronically following acceptance and installation of equipment. Invoices must be submitted in accordance with VAAR clause 852.232-72 through Tungsten Network's electronic invoice system. The solicitation incorporates FAR and VAAR clauses addressing trade agreements, security prohibitions, payment procedures, and contractor compliance requirements, including adherence to VA Handbook 6500.6 security standards for medical device procurement.
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| File | Type | Posted |
|---|---|---|
| S06 Solicitation Amendment Video Frenzel Goggles VISN 36C26326Q0596 0001.docx | DOCX document | |
| S02 Solicitation VA Security 6500.6 Handbook Attachment.docx | DOCX document |
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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
36C26326Q0596 05-04-2026 Tess Thunder 701-239-3700 ext. 2422 05-18-2026 17:00
CDT
36C263
DEPARTMENT OF VETERANS AFFAIRS
NETWORK CONTRACTING OFFICE 23
2101 NORTH ELM STREET (04-S)
FARGO ND 58102
X
339112 1000 Employees
N/A
DEPARTMENT OF VETERAN AFFAIRS
VISN 23: VA MIDWEST HEALTH CARE NETWORK
2805 DODD ROAD, SUITE 250
EAGAN MN 55121
36C263
DEPARTMENT OF VETERANS AFFAIRS
NETWORK CONTRACTING OFFICE 23
2101 NORTH ELM STREET (04-S)
FARGO ND 58102
Y
DEPARTMENT OF VETERANS AFFAIRS
FINANCIAL SERVICES CENTER
FMS-VA-2 (101)
PO BOX 149971
AUSTIN TX 78714-9971
877-353-9791 512-460-5540
See CONTINUATION Page Solicitation for Brand Name or Equal to the VisualEyes 505 Frenzel Videonystagmographs Goggles System for Multiple Locations in VISN 23 in Accordance with the Statement of Work and Schedule Below.
Prior to submitting a quote, please review all documentation within.
Review and follow INSTRUCTIONS TO OFFERORS in Section E.2Addendum 52.212-1.
See attachment for Security VA Handbook 6500.6.
See CONTINUATION Page
Joseph Bloomer
VA-VHA-RPOC-2025-0046
Table of Contents
| SECTION A | 1 |
| A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES | 1 |
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 3 |
| B.1 CONTRACT ADMINISTRATION DATA | 3 |
| B.2 PRICE/COST SCHEDULE | 4 |
| ITEM INFORMATION | 4 |
| B.3 DELIVERY SCHEDULE | 14 |
| B.4 STATEMENT OF WORK | 20 |
| SECTION C - CONTRACT CLAUSES | 28 |
| C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)(DEVIATION OCTOBER 2025) | 28 |
| C.2 52.225-5 TRADE AGREEMENTS (NOV 2023) | 40 |
| C.3 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025) (DEVIATION) | 43 |
| C.4 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) | 53 |
| C.5 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) | 54 |
| C.6 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 54 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 56 |
| D.1 VA SECURITY 6500.6 HANDBOOK | 56 |
| SECTION E - SOLICITATION PROVISIONS | 57 |
| E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023) (DEVIATION OCTOVER 2025) | 57 |
| E.2 ADDENDUM TO 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES. | 58 |
| E.3 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION) | 60 |
| E.4 52.225-6 TRADE AGREEMENTS CERTIFICATE (FEB 2021) | 60 |
| E.5 52.233-2 SERVICE OF PROTEST (SEP 2006) | 61 |
| E.6 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND CERTIFICATIONS (NOV 2025) (DEVIATION) | 61 |
| E.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 66 |
| E.8 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014) | 66 |
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 Joseph Bloomer
DEPARTMENT OF VETERANS AFFAIRS
NETWORK CONTRACTING OFFICE 23
2101 NORTH ELM STREET (04-S)
FARGO ND 58102
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
| [X] |
| 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or |
| [] |
| 52.232-36, Payment by Third Party |
3. INVOICES: Invoices shall be submitted in arrears:
| a. Quarterly | [] |
| b. Semi-Annually | [] |
| c. Other | [X] After Receipt of Order and Installation |
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.
http://www.tungsten-network.com/US/en/veterans-affairs/ 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 |
| 1.00 |
| EA |
| __________________ |
| __________________ |
VA Iowa City Main Campus: Visual Eyes 505 Binocular Goggles Video Frenzel System or Equal with VORTEQ Diagnostic Module or Equal Contract Period: Base POP Begin: 07-15-2026 POP End: 12-15-2026 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies
| 1.00 |
| EA |
| __________________ |
| __________________ |
VA Iowa City - OtoAccess Database or Equal
POP Begin: 07-15-2026 POP End: 12-15-2026
| 1.00 |
| EA |
| __________________ |
| __________________ |
VA Iowa City - Shipping
POP Begin: 07-15-2026 POP End: 12-15-2026
| 1.00 |
| EA |
| __________________ |
| __________________ |
VA Iowa City - Cedar Rapids CBOC: Visual Eyes 505 Binocular Goggles Video Frenzel System or Equal with VORTEQ Diagnostic Module or Equal
POP Begin: 07-15-2026 POP End: 12-15-2026
| 1.00 |
| EA |
| __________________ |
| __________________ |
VA Iowa City - OtoAccess Database or Equal
POP Begin: 07-15-2026 POP End: 12-15-2026
| 1.00 |
| EA |
| __________________ |
| __________________ |
VA Iowa City - Shipping
POP Begin: 07-15-2026 POP End: 12-15-2026
| 1.00 |
| EA |
| __________________ |
| __________________ |
VA Iowa City - Davenport CBOC: Visual Eyes 505 Binocular Goggles Video Frenzel System or Equal with VORTEQ Diagnostic Module or Equal
POP Begin: 07-15-2026 POP End: 12-15-2026
| 1.00 |
| EA |
| __________________ |
| __________________ |
VA Iowa City - OtoAccess Database or Equal
POP Begin: 07-15-2026 POP End: 12-15-2026
| 1.00 |
| EA |
| __________________ |
| __________________ |
VA Iowa City - Shipping
POP Begin: 07-15-2026 POP End: 12-15-2026
| 3.00 |
| EA |
| __________________ |
| __________________ |
VA Minneapolis - Main Campus: Visual Eyes 505 Binocular Goggles Video Frenzel System or Equal with VORTEQ Diagnostic Module or Equal
POP Begin: 07-15-2026 POP End: 12-15-2026
| 3.00 |
| EA |
| __________________ |
| __________________ |
VA Minneapolis - OtoAccess Database or Equal
POP Begin: 07-15-2026 POP End: 12-15-2026
| 3.00 |
| EA |
| __________________ |
| __________________ |
VA Minneapolis - Shipping
POP Begin: 07-15-2026 POP End: 12-15-2026
| 1.00 |
| EA |
| __________________ |
| __________________ |
VA Minneapolis - Chippewa CBOC: Visual Eyes 505 Binocular Goggles Video Frenzel System or Equal
POP Begin: 07-15-2026 POP End: 12-15-2026
| 1.00 |
| EA |
| __________________ |
| __________________ |
VA Minneapolis - OtoAccess Database or Equal
POP Begin: 07-15-2026 POP End: 12-15-2026
| 1.00 |
| EA |
| __________________ |
| __________________ |
VA Minneapolis - Shipping
POP Begin: 07-15-2026 POP End: 12-15-2026
| 1.00 |
| EA |
| __________________ |
| __________________ |
VA Minneapolis - Rice Lake CBOC: Visual Eyes 505 Binocular Goggles Video Frenzel System or Equal
POP Begin: 07-15-2026 POP End: 12-15-2026
| 1.00 |
| EA |
| __________________ |
| __________________ |
VA Minneapolis - OtoAccess Database or Equal
POP Begin: 07-15-2026 POP End: 12-15-2026
| 1.00 |
| EA |
| __________________ |
| __________________ |
VA Minneapolis - Shipping
POP Begin: 07-15-2026 POP End: 12-15-2026
| 1.00 |
| EA |
| __________________ |
| __________________ |
VA Minneapolis - Twin Ports CBOC: Visual Eyes 505 Binocular Goggles Video Frenzel System or Equal
POP Begin: 07-15-2026 POP End: 12-15-2026
| 1.00 |
| EA |
| __________________ |
| __________________ |
VA Minneapolis - OtoAccess Database or Equal
POP Begin: 07-15-2026 POP End: 12-15-2026
| 1.00 |
| EA |
| __________________ |
| __________________ |
VA Minneapolis - Shipping
POP Begin: 07-15-2026 POP End: 12-15-2026
| 1.00 |
| EA |
| __________________ |
| __________________ |
VA Minneapolis - Hibbing CBOC: Visual Eyes 505 Binocular Goggles Video Frenzel System or Equal
POP Begin: 07-15-2026 POP End: 12-15-2026
| 1.00 |
| EA |
| __________________ |
| __________________ |
VA Minneapolis - OtoAccess Database or Equal
POP Begin: 07-15-2026 POP End: 12-15-2026
| 1.00 |
| EA |
| __________________ |
| __________________ |
VA Minneapolis - Shipping
POP Begin: 07-15-2026 POP End: 12-15-2026
| 1.00 |
| EA |
| __________________ |
| __________________ |
VA Minneapolis - Maplewood CBOC: Visual Eyes 505 Binocular Goggles Video Frenzel System or Equal
POP Begin: 07-15-2026 POP End: 12-15-2026
| 1.00 |
| EA |
| __________________ |
| __________________ |
VA Minneapolis - OtoAccess Database or Equal
POP Begin: 07-15-2026 POP End: 12-15-2026
| 1.00 |
| EA |
| __________________ |
| __________________ |
VA Minneapolis - Shipping
POP Begin: 07-15-2026 POP End: 12-15-2026
| 1.00 |
| EA |
| __________________ |
| __________________ |
VA Minneapolis - Shakopee CBOC: Visual Eyes 505 Binocular Goggles Video Frenzel System or Equal
POP Begin: 07-15-2026 POP End: 12-15-2026
| 1.00 |
| EA |
| __________________ |
| __________________ |
VA Minneapolis - Rochester CBOC: Visual Eyes 505 Binocular Goggles Video Frenzel System or Equal
POP Begin: 07-15-2026 POP End: 12-15-2026
| 1.00 |
| EA |
| __________________ |
| __________________ |
VA Minneapolis - Shipping
POP Begin: 07-15-2026 POP End: 12-15-2026
| 1.00 |
| EA |
| __________________ |
| __________________ |
VA Minneapolis - Rochester CBOC: Visual Eyes 505 Binocular Goggles Video Frenzel System or Equal
POP Begin: 07-15-2026 POP End: 12-15-2026
| 1.00 |
| EA |
| __________________ |
| __________________ |
VA Minneapolis - OtoAccess Database or Equal
POP Begin: 07-15-2026 POP End: 12-15-2026
| 1.00 |
| EA |
| __________________ |
| __________________ |
VA Minneapolis - Shipping
POP Begin: 07-15-2026 POP End: 12-15-2026
| 1.00 |
| EA |
| __________________ |
| __________________ |
VA Minneapolis - Mankato CBOC: Visual Eyes 505 Binocular Goggles Video Frenzel System or Euqal
POP Begin: 07-15-2026 POP End: 12-15-2026
| 1.00 |
| EA |
| __________________ |
| __________________ |
VA Minneapolis - OtoAccess Database or Equal
POP Begin: 07-15-2026 POP End: 12-15-2026
| 1.00 |
| EA |
| __________________ |
| __________________ |
VA Minneapolis - Shipping
POP Begin: 07-15-2026 POP End: 12-15-2026
| 1.00 |
| EA |
| __________________ |
| __________________ |
VA Central Iowa - Visual Eyes 505 Binocular Goggles Video Frenzel System or Equal with VORTEQ Diagnostic Module or Equal
POP Begin: 07-15-2026 POP End: 12-15-2026
| 1.00 |
| EA |
| __________________ |
| __________________ |
VA Central Iowa - OtoAccess Database or Equal
POP Begin: 07-15-2026 POP End: 12-15-2026
| 1.00 |
| EA |
| __________________ |
| __________________ |
VA Central Iowa - Shipping
POP Begin: 07-15-2026 POP End: 12-15-2026
| 1.00 |
| EA |
| __________________ |
| __________________ |
VA Central Iowa - Fort Dodge CBOC: Visual Eyes 505 Binocular Goggles Video Frenzel System or Equal with VORTEQ Diagnostic Module or Equal
POP Begin: 07-15-2026 POP End: 12-15-2026
| 1.00 |
| EA |
| __________________ |
| __________________ |
VA Central Iowa - OtoAccess Database or Equal
POP Begin: 07-15-2026 POP End: 12-15-2026
| 1.00 |
| EA |
| __________________ |
| __________________ |
VA Central Iowa - Shipping
POP Begin: 07-15-2026 POP End: 12-15-2026
| 1.00 |
| EA |
| __________________ |
| __________________ |
VA Central Iowa - Marshalltown CBOC: Visual Eyes 505 Binocular Goggles Video Frenzel System or Equal with VORTEQ Diagnostic Module or Equal
POP Begin: 07-15-2026 POP End: 12-15-2026
| 1.00 |
| EA |
| __________________ |
| __________________ |
VA Central Iowa - OtoAccess Database or Equal
POP Begin: 07-15-2026 POP End: 12-15-2026
| 1.00 |
| EA |
| __________________ |
| __________________ |
VA Central Iowa - Shipping
POP Begin: 07-15-2026 POP End: 12-15-2026
| 1.00 |
| EA |
| __________________ |
| __________________ |
VA Nebraska Western Iowa - Omaha: Visual Eyes 505 Binocular Goggles Video Frenzel System or Equal
POP Begin: 07-15-2026 POP End: 12-15-2026
| 1.00 |
| EA |
| __________________ |
| __________________ |
VA Nebraska Western Iowa - OtoAccess Database or Equal
POP Begin: 07-15-2026 POP End: 12-15-2026
| 1.00 |
| EA |
| __________________ |
| __________________ |
VA Nebraska Western Iowa - Shipping
POP Begin: 07-15-2026 POP End: 12-15-2026
| 1.00 |
| EA |
| __________________ |
| __________________ |
VA Nebraska Western Iowa-Lincoln CBOC - Visual Eyes 505 Binocular Goggles Video Frenzel System or Equal
POP Begin: 07-15-2026 POP End: 12-15-2026
| 1.00 |
| EA |
| __________________ |
| __________________ |
VA Nebraska Western Iowa - OtoAccess Database or Equal
POP Begin: 07-15-2026 POP End: 12-15-2026
| 1.00 |
| EA |
| __________________ |
| __________________ |
VA Nebraska Western Iowa - Shipping
POP Begin: 07-15-2026 POP End: 12-15-2026
| GRAND TOTAL |
| __________________ |
B.3 DELIVERY SCHEDULE
| ITEM NUMBER |
| SHIPPING INFORMATION |
| QUANTITY |
| DELIVERY DATE |
| 0001 |
| SHIP TO: |
| Department of Veterans Affairs |
VA Iowa City Health Care System 601 Highway 6 West Iowa City, IA 52246 1.00
| FOB: |
| DESTINATION |
| 0002 |
| SHIP TO: |
| Department of Veterans Affairs |
VA Iowa City Health Care System 601 Highway 6 West
1.00
| FOB: |
| DESTINATION |
| 0004 |
| SHIP TO: |
| Department of Veterans Affairs |
VA Iowa City Health Care System 601 Highway 6 West
1.00
| FOB: |
| DESTINATION |
| 0005 |
| SHIP TO: |
| Department of Veterans Affairs |
VA Iowa City Health Care System 601 Highway 6 West
1.00
| FOB: |
| DESTINATION |
| 0007 |
| SHIP TO: |
| Department of Veterans Affairs |
VA Iowa City Health Care System 601 Highway 6 West
1.00
| FOB: |
| DESTINATION |
| 0008 |
| SHIP TO: |
| Department of Veterans Affairs |
VA Iowa City Health Care System 601 Highway 6 West
1.00
| FOB: |
| DESTINATION |
| 0010 |
| SHIP TO: |
| Department of Veterans Affairs |
VA Minneapolis Health Care System One Veterans Drive Minneapolis, MN 55417 3.00
| FOB: |
| DESTINATION |
| 0011 |
| SHIP TO: |
| Department of Veterans Affairs |
VA Minneapolis Health Care System One Veterans Drive
3.00
| FOB: |
| DESTINATION |
| 0013 |
| SHIP TO: |
| Department of Veterans Affairs |
VA Minneapolis Health Care System One Veterans Drive
1.00
| FOB: |
| DESTINATION |
| 0014 |
| SHIP TO: |
| Department of Veterans Affairs |
VA Minneapolis Health Care System One Veterans Drive
1.00
| FOB: |
| DESTINATION |
| 0016 |
| SHIP TO: |
| Department of Veterans Affairs |
VA Minneapolis Health Care System One Veterans Drive
1.00
| FOB: |
| DESTINATION |
| 0017 |
| SHIP TO: |
| Department of Veterans Affairs |
VA Minneapolis Health Care System One Veterans Drive
1.00
| FOB: |
| DESTINATION |
| 0019 |
| SHIP TO: |
| Department of Veterans Affairs |
VA Minneapolis Health Care System One Veterans Drive
1.00
| FOB: |
| DESTINATION |
| 0020 |
| SHIP TO: |
| Department of Veterans Affairs |
VA Minneapolis Health Care System One Veterans Drive
1.00
| FOB: |
| DESTINATION |
| 0022 |
| SHIP TO: |
| Department of Veterans Affairs |
VA Minneapolis Health Care System One Veterans Drive
1.00
| FOB: |
| DESTINATION |
| 0023 |
| SHIP TO: |
| Department of Veterans Affairs |
VA Minneapolis Health Care System One Veterans Drive
1.00
| FOB: |
| DESTINATION |
| 0025 |
| SHIP TO: |
| Department of Veterans Affairs |
VA Minneapolis Health Care System One Veterans Drive
1.00
| FOB: |
| DESTINATION |
| 0026 |
| SHIP TO: |
| Department of Veterans Affairs |
VA Minneapolis Health Care System One Veterans Drive
1.00
| FOB: |
| DESTINATION |
| 0028 |
| SHIP TO: |
| Department of Veterans Affairs |
VA Minneapolis Health Care System One Veterans Drive
1.00
| FOB: |
| DESTINATION |
| 0029 |
| SHIP TO: |
| Department of Veterans Affairs |
VA Minneapolis Health Care System One Veterans Drive
1.00
| FOB: |
| DESTINATION |
| 0031 |
| SHIP TO: |
| Department of Veterans Affairs |
VA Minneapolis Health Care System One Veterans Drive
1.00
| FOB: |
| DESTINATION |
| 0032 |
| SHIP TO: |
| Department of Veterans Affairs |
VA Minneapolis Health Care System One Veterans Drive
1.00
| FOB: |
| DESTINATION |
| 0034 |
| SHIP TO: |
| Department of Veterans Affairs |
VA Minneapolis Health Care System One Veterans Drive
1.00
| FOB: |
| DESTINATION |
| 0035 |
| SHIP TO: |
| Department of Veterans Affairs |
VA Minneapolis Health Care System One Veterans Drive
1.00
| FOB: |
| DESTINATION |
| 0037 |
| SHIP TO: |
| Department of Veterans Affairs |
VA Central Iowa Health Care System 3600 30th St Des Moines, IA 50310 1.00
| FOB: |
| DESTINATION |
| 0038 |
| SHIP TO: |
| Department of Veterans Affairs |
VA Central Iowa Health Care System 3600 30th St
1.00
| FOB: |
| DESTINATION |
| 0040 |
| SHIP TO: |
| Department of Veterans Affairs |
VA Central Iowa Health Care System 3600 30th St
1.00
| FOB: |
| DESTINATION |
| 0041 |
| SHIP TO: |
| Department of Veterans Affairs |
VA Central Iowa Health Care System 3600 30th St
1.00
| FOB: |
| DESTINATION |
| 0043 |
| SHIP TO: |
| Department of Veterans Affairs |
VA Central Iowa Health Care System 3600 30th St
1.00
| FOB: |
| DESTINATION |
| 0044 |
| SHIP TO: |
| Department of Veterans Affairs |
VA Central Iowa Health Care System 3600 30th St
1.00
| FOB: |
| DESTINATION |
| 0046 |
| SHIP TO: |
| Department of Veterans Affairs |
VA Nebraska Western Iowa Health Care System 4101 Woolworth Avenue Omaha, NE 68105 1.00
| FOB: |
| DESTINATION |
| 0047 |
| SHIP TO: |
| Department of Veterans Affairs |
VA Nebraska Western Iowa Health Care System 4101 Woolworth Avenue
1.00
| FOB: |
| DESTINATION |
| 0049 |
| SHIP TO: |
| Department of Veterans Affairs |
VA Nebraska Western Iowa Health Care System 4101 Woolworth Avenue
1.00
| FOB: |
| DESTINATION |
| 0050 |
| SHIP TO: |
| Department of Veterans Affairs |
VA Nebraska Western Iowa Health Care System 4101 Woolworth Avenue
1.00
| FOB: |
| DESTINATION |
B.4 STATEMENT OF WORK
VISN 23-Videonystagmographs Frenzel Goggles System Equipment Procurement Scope The purpose of this requirement is to procure Videonystagmographs Frenzel Goggles System equipment. Videonystagmographs/Frenzel Goggles are used as a diagnostic tool in Physical Therapy and Rehabilitation and Extended Care to evaluate involuntary eye movement. This will include all equipment, materials, design services, installation labor, implementation services, training, and incidental materials/labor/services to fully install this equipment. A brand name or equal Videonystagmographs Frenzel Goggles System equivalent to the one listed in Qualifications.
Brand Name or Equal Requirement:
1. If an item is identified as “brand name or equal,” the purchase description shall reflect the characteristics and level of equality that will satisfy the Government's needs.
2. For equivalent items to be considered equivalent of the product(s) of the brand name manufacturer, they must-
a) Meet the salient physical, functional, or performance characteristics specified in this solicitation;
b) Clearly identify the item by-
a. Brand name, if any; and
b. Make or model number;
c) Includes descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and
d) Clearly describe any modifications the offeror plans to make in a product to make it conform to the requirements. Mark any descriptive material to clearly show the modifications.
3. The Contracting Officer will evaluate “equal” products on the basis of information furnished or identified and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified.
Qualifications The medical equipment is brand name or equal to the Visual Eyes 505 Frenzel Videonystagmographs Frenzel Googles System. To be eligible for consideration, the vendor must provide the Videonystagmographs Frenzel Googles System equipment that meets all requirements and salient characteristics.
A. Salient characteristics
1. Video goggles with dual USB cameras
2. Wireless Remote Control
3. Room Camera with Microphone
4. VisualEyes 505 Software or Equal
5. Oto Access Database or Equal
6. VORTEQ Assessment Package or Equal
7. System with VORTEQ Diagnostic Module or Equal for Specific Sites Listed Below B. Requirements
1. Must provide all installation services required to complete the projects. These services should include, but are not limited to, project management, product upgrade, installation, travel to and from the VA facilities.
2. Vendor must include cleaning and system maintenance instructions
3. Must be able to perform the following tests: Dynamic Visual Acuity, Gaze Stabilization Test, Functional Vision Head Impulse Test, and Video Frenzel Spontaneous Nystagmus Test
4. Must include an education or clinical package that assesses, diagnose, and treats Benign Paroxysmal Positional Vertigo (BPPV)
5. System must be able to perform tests in both a dark and lighted room
6. System must be capable of measuring and recording binocularly
7. Automatic (software enabled) eye centering
8. System should be standalone and not need any network connections to function
9. System should be able to create tests that can be saved so end users can see the results of each test
10. System should be portable and easily movable
11. Must provide a laptop that has the latest operating system that supports the Videonystagmographs Frenzel Goggles System C. Below is a breakdown of the equipment and services needed per site:
1. VA Iowa City Main Campus:
a. Quantity 1
b. Visual Eyes 505 Binocular Goggles Video Frenzel System or Equal with VORTEQ Diagnostic Module or Equal
i. Video goggles with dual USB cameras
ii. Wireless Remote Control
iii. Room Camera with Microphone
iv. VisualEyes 505 Software or Equal
v. VORTEQ Assessment Package or Equal
vi. Oto Access Database or Equal
vii. Laptop
c. VORTEQ Diagnostic Package or Equal
d. Onsite Installation
e. Onsite Training
2. VA Iowa City – Cedar Rapids CBOC:
a. Quantity 1
b. Visual Eyes 505 Binocular Goggles Video Frenzel System or Equal with VORTEQ Diagnostic Module or Equal
i. Video goggles with dual USB cameras
ii. Wireless Remote Control
iii. Room Camera with Microphone
iv. VisualEyes 505 Software or Equal
v. VORTEQ Assessment Package or Equal
vi. Oto Access Database or Equal
vii. Laptop
c. VORTEQ Diagnostic Package or Equal
d. Onsite Installation
e. Onsite Training
3. VA Iowa City – Davenport CBOC:
a. Quantity 1
b. Visual Eyes 505 Binocular Goggles Video Frenzel System or Equal with VORTEQ Diagnostic Module or Equal
i. Video goggles with dual USB cameras
ii. Wireless Remote Control
iii. Room Camera with Microphone
iv. VisualEyes 505 Software or Equal
v. VORTEQ Assessment Package or Equal
vi. Oto Access Database or Equal
vii. Laptop
c. VORTEQ Diagnostic Package or Equal
d. Onsite Installation
e. Onsite Training
4. VA Minneapolis
a. Quantity 3
b. Visual Eyes 505 Binocular Goggles Video Frenzel System or Equal with VORTEQ Diagnostic Module or Equal
i. Video goggles with dual USB cameras
ii. Wireless Remote Control
iii. Room Camera with Microphone
iv. VisualEyes 505 Software or Equal
v. VORTEQ Assessment Package or Equal
vi. Oto Access Database or Equal
vii. Laptop
c. VORTEQ Diagnostic Package or Equal
d. Onsite Installation
e. Onsite Training
5. VA Minneapolis – Chippewa CBOC:
a. Quantity 1
b. Visual Eyes 505 Binocular Goggles Video Frenzel System or Equal
i. Video goggles with dual USB cameras
ii. Wireless Remote Control
iii. Room Camera with Microphone
iv. VisualEyes 505 Software or Equal
v. Oto Access Database or Equal
vi. Laptop
c. Onsite Installation
d. Onsite training
6. VA Minneapolis – Rice Lake CBOC:
a. Quantity 1
b. Visual Eyes 505 Binocular Goggles Video Frenzel System or Equal
i. Video goggles with dual USB cameras
ii. Wireless Remote Control
iii. Room Camera with Microphone
iv. VisualEyes 505 Software or Equal
v. Oto Access Database or Equal
vi. Laptop
c. Onsite Installation
d. Remote Training
7. VA Minneapolis – Twin Ports CBOC:
a. Quantity 1
b. Visual Eyes 505 Binocular Goggles Video Frenzel System or Equal
i. Video goggles with dual USB cameras
ii. Wireless Remote Control
iii. Room Camera with Microphone
iv. VisualEyes 505 Software or Equal
v. Oto Access Database or Equal
vi. Laptop
c. Onsite Installation
d. Remote Training
8. VA Minneapolis – Hibbing CBOC:
a. Quantity 1
b. Visual Eyes 505 Binocular Goggles Video Frenzel System or Equal
i. Video goggles with dual USB cameras
ii. Wireless Remote Control
iii. Room Camera with Microphone
iv. VisualEyes 505 Software or Equal
v. Oto Access Database or Equal
vi. Laptop
c. Onsite Installation
d. Remote Training
9. VA Minneapolis – Maplewood CBOC:
a. Quantity 1
b. Visual Eyes 505 Binocular Goggles Video Frenzel System or Equal
i. Video goggles with dual USB cameras
ii. Wireless Remote Control
iii. Room Camera with Microphone
iv. VisualEyes 505 Software or Equal
v. Oto Access Database or Equal
vi. Laptop
c. Onsite Installation
d. Remote Training
10. VA Minneapolis – Shakopee CBOC:
a. Quantity 1
b. Visual Eyes 505 Binocular Goggles Video Frenzel System or Equal
i. Video goggles with dual USB cameras
ii. Wireless Remote Control
iii. Room Camera with Microphone
iv. VisualEyes 505 Software or Equal
v. Oto Access Database or Equal
vi. Laptop
c. Onsite Installation
d. Remote Training
11. VA Minneapolis – Rochester CBOC:
a. Quantity 1
b. Visual Eyes 505 Binocular Goggles Video Frenzel System or Equal
i. Video goggles with dual USB cameras
ii. Wireless Remote Control
iii. Room Camera with Microphone
iv. VisualEyes 505 Software or Equal
v. Oto Access Database or Equal
vi. Laptop
c. Onsite Installation
d. Remote Training
12. VA Minneapolis – Mankato CBOC:
a. Quantity 1
b. Visual Eyes 505 Binocular Goggles Video Frenzel System or Equal
i. Video goggles with dual USB cameras
ii. Wireless Remote Control
iii. Room Camera with Microphone
iv. VisualEyes 505 Software or Equal
v. Oto Access Database or Equal
vi. Laptop
c. Onsite Installation
d. Remote Training
13. VA Central Iowa- Main Campus:
a. Quantity 1
b. Visual Eyes 505 Binocular Goggles Video Frenzel System or Equal with VORTEQ Diagnostic Module or Equal
i. Video goggles with dual USB cameras
ii. Wireless Remote Control
iii. Room Camera with Microphone
iv. VisualEyes 505 Software or Equal
v. VORTEQ Assessment Package or Equal
vi. Oto Access Database or Equal
vii. Laptop
c. VORTEQ Diagnostic Package or Equal
d. Onsite Installation
e. Onsite training (will include CBOC personnel)
14. VA Central Iowa - Fort Dodge CBOC:
a. Quantity 1
b. Visual Eyes 505 Binocular Goggles Video Frenzel System or Equal with VORTEQ Diagnostic Module or Equal
i. Video goggles with dual USB cameras
ii. Wireless Remote Control
iii. Room Camera with Microphone
iv. VisualEyes 505 Software or Equal
v. VORTEQ Assessment Package or Equal
vi. Oto Access Database or Equal
vii. Laptop
c. VORTEQ Diagnostic Package or Equal
d. Onsite Installation
15. VA Central Iowa - Marshalltown CBOC:
a. Quantity 1
b. Visual Eyes 505 Binocular Goggles Video Frenzel System or Equal with VORTEQ Diagnostic Module or Equal
i. Video goggles with dual USB cameras
ii. Wireless Remote Control
iii. Room Camera with Microphone
iv. VisualEyes 505 Software or Equal
v. VORTEQ Assessment Package or Equal
vi. Oto Access Database or Equal
vii. Laptop
c. VORTEQ Diagnostic Package or Equal
d. Onsite Installation
16. VA Nebraska Western Iowa - Omaha:
a. Quantity 1
b. Visual Eyes 505 Binocular Goggles Video Frenzel System or Equal
i. Video goggles with dual USB cameras
ii. Wireless Remote Control
iii. Room Camera with Microphone
iv. VisualEyes 505 Software or Equal
v. Oto Access Database or Equal
vi. Laptop
c. Onsite Installation
d. Onsite Training
17. VA Nebraska Western Iowa-Lincoln CBOC - Visual Eyes 505 Binocular Goggles Video Frenzel System
a. Quantity 1
b. Visual Eyes 505 Binocular Goggles Video Frenzel System or Equal
i. Video goggles with dual USB cameras
ii. Wireless Remote Control
iii. Room Camera with Microphone
iv. VisualEyes 505 Software or Equal
v. Oto Access Database or Equal
vi. Laptop
c. Onsite installation
d. Onsite training Implementation/Project Management Services Implementation Services shall include, but are not limited to, a project manager, a detailed project timeline with defined roles and responsibilities (including contractor-provided and VA resources), on-site installation coordination of all equipment, software and accessories, and schedule for Go-Live. The contractor shall perform the onsite setup, including system diagnostics and calibration procedures, as well as provide training.
a) VISN 23 has designated points of contact (POCs) for each facility that shall be provided upon award. The contractor shall work with these individuals to implement the technology.
b) The contractor shall hold a kickoff meeting with the designated POCs for each facility. The project management plan and communications plan shall be reviewed at the kickoff meeting. Discussion about the site order and schedule for implementation will begin at the kick-off meeting.
c) The project manager shall hold periodic project meetings as needed with the facility POCs and the VISN Contracting Officer’s Representative (COR).
d) The contractor shall collaborate with site POCs to minimize interference with normal operations.
Place of Performance The contractor will deliver the equipment to the following VA Medical Centers. Equipment for the CBOCs must also be delivered to the main campus addresses but installation and training support may be needed at each location. Sites will work with the awarded vendor to coordinate and schedule installation and training.
· VA Iowa City Main Campus Address: 601 Highway 6 West Iowa City, IA 52246
· VA Central Iowa Main Campus Address: 3600 30th St, Des Moines, IA 50310
· VA Minneapolis Main Campus Address: 1 Veterans Dr, Minneapolis, MN 55417
· VA Nebraska Western Iowa – Omaha Main campus Address: 4101 Woolworth Avenue, Omaha, NE 68105 Delivery Requirements The Contractor shall coordinate in advance with on-site designated facility POC(s) and COR delivery of equipment to the final destination and obtain the appropriate Supply Chain Management POC to include in the communication plan. All equipment must be processed through Supply Chain Management prior to going to final destination. The Contractor shall make any changes to the delivery schedule at the request of facility POC(s) and COR. The Contractor shall provide delivery, shipping and tracking information to the facility POC(s) and COR in advance before equipment arrival at the facility.
The Contractor is responsible for inventorying materials prior to delivery to VA sites to check for accuracy in quantity and part number. The Contractor shall deliver materials to the job site in the appropriate protective containers or packager, clearly labeled with the contractor’s name, address, equipment make and model and serial identification numbers, and Purchase Order (PO) number and facility Technical POC.
In the case of multiple container deliveries, a statement readable near the VA PO number shall indicate total number of containers for the complete shipment (i.e., “Package 1 of 2”), clearly readable on manifests and external shipping labels. Facility POC (s) may reject items that do not conform to any of these requirements.
The Contractor shall provide shipping to return any defective repairs from VA Facilities to the Contractor. There shall be no additional cost to the Government for shipping Installation Requirements Contractor shall coordinate with facility POCs to minimize interruption of normal operations. Contractor shall provide and wear attire that is appropriate to the areas they occupy, for example, Bunny Suit, shoe covers, hats, beard covers, face masks, etc. All waste will be removed by the contractor. Contractor shall work with onsite staff to limit interference with all clinical activities.
Warranty The contractor shall provide a minimum one-year warranty on newly installed equipment. The warranty period shall begin after VA authorized personnel have accepted the products delivery, installation, and functionality. In addition, contractor shall indicate availability and cost of extended parts warranty options.
Security Requirements
The contractor shall adhere to the following sections of Addendum B- VA Information and Information System Security/Privacy Language of the VA Handbook 6500.6. See attachment for VA Handbook 6500.6.
B1. General B2. VA Informational Custodial Language B5. Security Incident Investigation B6. Information System Design and Development B8. Security and Privacy Controls Compliance Testing, Assessment and Auditing B9. Product Integrity, Authenticity, Provenance, Anit-counterfeit and Anti-tampering B10. Viruses, Firmware and Malware B11. Cryptographic Requirement B12. Patching Governance B13. Specialized Devices/Systems (Medical Devices, Special Purpose Systems, Research Scientific Computing)
36C26326Q0596 (End of SOW) Page 1 of Page 1 of
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)(DEVIATION OCTOBER 2025) Terms and Conditions—Commercial Products and Commercial Services (October 2025)
(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.
(b) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights—
(1) Within a reasonable time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(d) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall—
(1) Notify the Contracting Officer in writing as soon as possible;
(2) Remedy the delay as quickly as possible; and
(3) Notify the Contracting Officer when the occurrence is over.
(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payment—
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.
(3) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(4) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected line item or subline item, if applicable;
(D) Contractor point of contact; and
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(5) Interest.
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if–
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a termination for cause.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon—
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered under this contract are merchantable and fit for use for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.
(r) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:
(1) The schedule of supplies/services;
(2) The Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;
(3) Other contract clauses incorporated in the solicitation or contract;
(4) Addenda to this solicitation or contract;
(5) Solicitation provisions incorporated in the solicitation;
(6) Other paragraphs of this clause;
(7) Other documents, exhibits, and attachments; and
(8) The specification.
(s) Unauthorized obligations.
(1) Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:
(i) Any such clause is unenforceable against the Government.
(ii) Neither the Government nor any Government-authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.
(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.
(2) Paragraph (s)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.
(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This clause does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(u) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of clause) Alternate I (October 2025). When contemplating a time-and-materials or labor-hour contract, substitute the following paragraphs (a), (b), (i), (l), and (m) for those in the basic clause.
(a) The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference. As used in this clause— Direct materials means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service.
Hourly rate means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are—
(1) Performed by the contractor;
(2) Performed by the subcontractors; or
(3) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.
Materials means—
(1) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control;
(2) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract;
(3) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.);
(4) The following subcontracts for services which are specifically excluded from the hourly rate: [Insert any subcontracts for services to be excluded from the hourly rates prescribed in the schedule.]; and
(5) Indirect costs specifically provided for in this clause.
Subcontract means any contract, as defined in FAR 2.101, entered into with a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.
(b) Inspection/Acceptance.
(1) The Government has the right to inspect and test all materials furnished and services performed under this contract at all places and times before acceptance. The Government will perform inspections and tests in a manner that will not unduly delay the work.
(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these…
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