Solicitation 36C26323Q1124.pdf

PDF 795 KB Posted Sep 14, 2023

Attached to: 6515--Philips Patient Monitoring Equipment Upgrade
Solicitation number: 36C26323Q1124
Issued by: Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 23

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Written by GovTribe AI · Dec 21, 2023

This is a solicitation for the procurement of upgraded Philips patient monitoring equipment and installation services at the Sioux Falls VA Health Care System. The solicitation includes 65 line items for various Philips monitoring equipment, accessories, and related installation services. Key products required are IntelliVue MX450 and MX800 patient monitors, Multi-Measurement Modules, cables, leads, supplies, and Smart Hop wireless network equipment. Offerors must be verified as a Service-Disabled Veteran-Owned Small Business and meet limitations on subcontracting. The period of performance is from September 2023 to December 2023. Pricing will be fixed for a one year base period and four one-year options.

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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

438-23-2-040-0075

36C26323Q1124 09-14-2023

John Milroy 605-336-3230 09-20-2023

4:00 PM CDT

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

2501 W. 22nd St.

Sioux Falls SD 57105

X 100

334510

1250 Employees

N/A

Sioux Falls VA Health Care System

Department of Veteran Affairs

Electronic Invoicing System

Tungsten Electronic Invoicing

VA Tungsten Number is: AAA544240062

Refer to VAAR Clause 852.232-72

1-877-489-6135

See CONTINUATION Page

Procurement of Upgraded Philips Patient Monitoring Equipment and Installation Services at the Sioux Falls VA Health Care

System.

The period of performance of 09/01/2023 to 12/31/2023

At the time of submission of offer, the offeror shall be be registered in the Small Business Administration Veteran

Small Business Certification as a Service-Disabled Veteran

Owned Small Business (SDVOSB) and have an active registration in the System for Award Management (SAM).

A Completed and signed VAAR 852.219-73 VA NOTICE OF TOTAL

SET-ASIDE FOR VERIFIED SERVICE-DISABLED VETERAN-OWNED SMALL

is required for a complete quote submission.

See CONTINUATION Page

438-3630160-040-820100-3131 0100C6075

438-23-2-040-0075

X X

X One

John Milroy

VA-VHA-RPOC-2023-0067

36C26323Q0711

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 Functional/Performance/Specification (Brand Name Only)

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (DEC 2022)

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAR 2023)

C.3 52.225-2 BUY AMERICAN CERTIFICATE (OCT 2022)

C.4 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.5 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

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

DISABLED VETERAN-OWNED SMALL BUSINESSES (NOV 2022)

C.7 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING--

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (NOV 2022)

C.8 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.9 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 36

C.10 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

C.11 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

BUSINESS ASSOCIATE AGREEMENT BETWEEN THE DEPARTMENT OF

VETERANS AFFAIRS VETERANS HEALTH ADMINISTRATION, , AND

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (MAR 2023)

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

ITEMS

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

SERVICES (NOV 2021)

E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

E.5 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.6 52.216-1 TYPE OF CONTRACT (APR 1984)

E.7 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.9 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

E.10 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

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

2501 W. 22nd St.

Sioux Falls SD 57105

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] Once work in completed

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

1.00 EA __________________ __________________

Patient Information Center iX

Contract Period: Base POP Begin: 09-30-2023 POP End: 09-29-2024 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 866389

4.00 EA __________________ __________________

PIC iX Hardware

MANUFACTURER PART NUMBER (MPN): 86424

4.00 EA __________________ __________________

Remote IIC Speaker Kit

MANUFACTURER PART NUMBER (MPN): 865053

8.00 EA __________________ __________________

IntelliVue MX450 US

MANUFACTURER PART NUMBER (MPN): 866062_NAM

5.00 EA __________________ __________________

13.00 EA __________________ __________________

IntelliVue Multi-Measurement Module X3

MANUFACTURER PART NUMBER (MPN): 867030

5 Lead ECG Trunk, AAMI/IEC 2.7m

MANUFACTURER PART NUMBER (MPN): 989803145061

5 Leadset, Grabber, AAMI, ICU

MANUFACTURER PART NUMBER (MPN): 989803125841

Adult NIBP Air Hose 3.0m

MANUFACTURER PART NUMBER (MPN): 989803104341

rainbowSET 10' Cable For LNCS

MANUFACTURER PART NUMBER (MPN): 989803186501

Dual IBP Adapter

MANUFACTURER PART NUMBER (MPN): 989803199741

7.00 EA __________________ __________________

Cables for IntelliVue

MANUFACTURER PART NUMBER (MPN): 862453

IntelliVue MX800 Software Upgrades

MANUFACTURER PART NUMBER (MPN): 865307

IntelliVue Microstream Extension

MANUFACTURER PART NUMBER (MPN): 867041

6.00 EA __________________ __________________

MANUFACTURER PART NUMBER (MPN): 503.58

2.00 EA __________________ __________________

Easy Care Cuff, 1 Hose, Small Adult (1)

MANUFACTURER PART NUMBER (MPN): 989803147861

Easy Care Cuff, 1 Hose, Adult (1)

MANUFACTURER PART NUMBER (MPN): 989803147871

Easy Care Cuff, 1 Hose, Adult XL (1)

MANUFACTURER PART NUMBER (MPN): 989803147881

Easy Care Cuff, 1 Hose, Lrg Adult (1)

MANUFACTURER PART NUMBER (MPN): 989803147891

Easy Care Cuff,1 Hose,Lrg Adult XL (1)

MANUFACTURER PART NUMBER (MPN): 989803147901

Patient Information Center iX

MANUFACTURER PART NUMBER (MPN): 866389

PIC iX Hardware

MANUFACTURER PART NUMBER (MPN): 866424

Remote IIC Speaker Kit

MANUFACTURER PART NUMBER (MPN): 865053

9.00 EA __________________ __________________

MANUFACTURER PART NUMBER (MPN): 98980318650

28.00 EA __________________ __________________

Plus Arm Solution, VHM

MANUFACTURER PART NUMBER (MPN): 989803217761

Plus Remote PC Solution w/27" Display

MANUFACTURER PART NUMBER (MPN): 989803217951

5,500.00 EA __________________ __________________

Cable: SF, Mats, Labor, Tent, Test, Ober

MANUFACTURER PART NUMBER (MPN): 989803208541

Smart Hop: Coverage, 1-10,000 SF

MANUFACTURER PART NUMBER (MPN): MXU0480

Network: Smart Hop Wired (per SF)

MANUFACTURER PART NUMBER (MPN): MXU0524

Smart Hop AP Place Surv: 1 to 14,600 SF

MANUFACTURER PART NUMBER (MPN): 989803208961

Roll Stand: MX400-800, MP40-70, MP5

MANUFACTURER PART NUMBER (MPN): MXU0462

2560: Rack Console, 8 Port

MANUFACTURER PART NUMBER (MPN): 989803207051

Cable: HW, Mats, Labor, Tent, Test

MANUFACTURER PART NUMBER (MPN): 989803208601

21.00 EA __________________ __________________

Network: Hardwired (per Bed)

MANUFACTURER PART NUMBER (MPN): MXU0523

48.00 EA __________________ __________________

Project Management: Advanced

MANUFACTURER PART NUMBER (MPN): 989803208691

88.00 EA __________________ __________________

Labor: Standard Time

MANUFACTURER PART NUMBER (MPN): 989805710138

19.00 EA __________________ __________________

Labor: Upgrade Bedside

MANUFACTURER PART NUMBER (MPN): 989805710168

3.00 EA __________________ __________________

Clin Config & Imp: 1 Standard Shift

MANUFACTURER PART NUMBER (MPN): 989803216591

Clin Config & Imp: 1 Overtime Shift

MANUFACTURER PART NUMBER (MPN): 989803216601

GRAND TOTAL __________________

B.3 Functional/Performance/Specification (Brand Name Only)

General Equipment Name: Patient Monitoring System Description & Salient Characteristics:

The Philips Monitoring system provides the solution to the VA mandated monitoring, life support and record keeping providing the standard of care that has been established.

The IntelliVue MX450 combines powerful monitoring with flexible portability in one compact unit. Supplying comprehensive patient information briefly, it can make a real difference when multiple patients and priorities need attention.

Must be able to connect to the current Philips telemetry system being used in the facility.

Must have the same configuration the hospital currently uses.

Must be the same monitor the site currently uses (MX450, X3 Modules).

Required Individual Line Items & Quantity of Items (Enter all line items associated with this item) 866062 Philips IntelliVue MX450 US 27ea E24 One Lithium Ion Battery 5ea J45 Smart Hopping IF 1.4 GHz 51ea

867030 IntelliVue Multi-Measurement Module X3 46ea

TO INCLUDE:

A03 3-waves capability 46ea B06 Dual Press and Temp 46ea E20 Fix Clamp Mount 46ea

E31 Carrying Handle 46ea H72 Critical Care Transport SW 46ea SP5 Masimo rainbow SET SpO2 46ea

866389 Patient Information Center Ix 2ea

TO INCLUDE:

0VR Overview 39ea 1X4 PIC iX Enterprise 22ea LDB Local Database 22ea PR0 Pro 22ea

866424 PIC iX Hardware 5ea

TO INCLUDE:

HPS Lithium Ion UPS 5ea HS1 PC Hardware with SSD 5ea NEW Hardware or OS 5ea RV4 PIC iX 4 5ea 865053 Remote IIC Speaker Kit 5ea

989803145061 5 Lead ECG Trunk, AAMI/IEC 2.7m 45ea

989803125841 5 Lead set, Grabber, AAMI, ICU 17ea

989803104341 Adult NIBP Air Hose 3.0m 45ea

989803186501 Rainbow SET 10' Cable for LNCS 45ea

989803199741 Dual IBP Adapter 45ea

862453 Cables for IntelliVue SC1 System Cables 0.75m 19ea

865307IntelliVue MX800 Software Upgrades 3ea

TO INCLUDE:

DCN Doc. Set for SW Rev.Nxx 3ea SUN Upgrade to SW Rev. N 19ea 867041 IntelliVue Microstream Extension 28ea

TO INCLUDE:

B06 Add dual IBP, Temp 28ea 989803147901 Easy Care Cuff,1 Hose, Lrg Adult XL (1) 4ea

989803147861 Easy Care Cuff, 1 Hose, Small Adult (1) 4ea

989803147871 Easy Care Cuff, 1 Hose, Adult (1) 4ea

989803147881 Easy Care Cuff, 1 Hose, Adult XL (1) 4ea

989803147891 Easy Care Cuff, 1 Hose, Lrg Adult (1) 4ea

989803217761 Plus Arm Solution, VHM 28ea

989803217951 Plus Remote PC Solution w/27" Display 5ea

MXU0462 Roll Stand: MX400-800, MP40-70, MP5 5ea

989803207051 2560: Rack Console, 8 Port 2ea

989803208541 Cable: SF, Mats, Labor, Tent, Test, Ober 5,500ea

MXU0480 Smart Hop: Coverage, 1-10,000 SF 5,500ea 1.4GHz Smart hopping coverage per square foot (up to 10,000 sq ft).

Includes all smart hopping materials necessary to achieve the required wireless coverage within the defined area.

MXU0524 Network: Smart Hop Wired (per SF) 5,500ea

989803208961 Smart Hop AP Place Surv: 1 to 14,600 SF 1ea

989803208601 Cable: HW, Mats, Labor, Tent, Test 6ea

MXU0523Network: Hardwired (per Bed) 21ea

989803208691 Project Management: Advanced 48ea

989805710138 Labor: Standard Time 88ea

989805710168 Labor: Upgrade Bedside 19ea

989803216591 Clin Config & Imp: 1 Standard Shift 3ea

989803216601 Clin Config & Imp: 1 Overtime Shift 2e

Must include 1 year warranty and service

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.

(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.

(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;

(D) Contractor point of contact.

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

Officer.

(6) Interest.

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

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

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

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

(End of Clause)

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

PRODUCTS AND…

This is the start of the file's text. The full file is on GovTribe.

File details come from the government source that posted it. Updated Sep 14, 2023.