Tenders of Veterans Affairs, Department Of Usa

Y1dz--construct Primary Care/mental Health Building Minor Construction - Boise 531-325

Asl Interpreters Denver Regional Office

S201--janitorial Services

J041--solicitation | Wny Buf/bat Chiller & Boiler Water Treatment

7a21--ventana Slide Stainer-scanner System

Z2da--con-nrm 653-24-105 Repair Leaking Roofs

This Sources Sought Is Issued Solely For Information And Planning Purposes Only And Does Not Constitute A Solicitation. All Information Received In Response To This Noticei That Is Marked As Proprietary Will Be Handled Accordingly. Iaw Far 15.201(e), Responses To This Notice Are Not Offers And Cannot Be Accepted By The Government To Form A Binding Contract. Responders Are Solely Responsible For All Expenses Associated With Responding To This Notice. sources Sought-- This Is Not A Solicitation Announcement. This Is A Sources Sought Only. The Purpose Of This Sources Sought Is To Gain Knowledge Of Potential Qualified Sources And Their Size Classification Relative To Naics 339113(size Standard Of 800 Employees). Responses To This Sources Sought Will Be Used By The Government To Make Appropriate Acquisition Decisions. after Review Of The Responses To This Sources Sought, A Solicitation Announcement May Be Published. Responses To This Sources Sought Are Not Considered Adequate Responses For A Solicitation Announcement. the Department Of Veterans Affairs (va), Nco 6, Hampton Va, Is Seeking Sources Who Can Possibly Provide (5) Protek Duo 29fr And (5) Protekduo 31fr That At A Minimum Meet The Brand Name And/or Can Possibly Provide An Equal Product For Richmond Va Medical Center. brand Name Information: Livanova Protekduo Dual Lumen Cannula cat No: 5140-4629 (29 Fr),5140-5131 (31 Fr) new Manufacture: New Only, No Grey Market Parts Will Be Accepted. equal To Product Information: salient Characteristics: performance Required; dual Lumen Cannula rvad And Vv-ecmo Task Capabilities fda Approved, 510(k) Clearance single-use Disposables. up To 6-hour Temporary Cardiopulmonary Bypass Functionality ability To Be Used With Or Without Oxygenator. delivery 5 L/m Flow Rate. optional Ability To Use With Oxygenator. allows Full Right Ventricular And Oxygenation Support. drains Venous Blood From The Right Atrium And Returns Venous Blood To The pulmonary Artery Bypassing The Right Ventricle right Jugular Insertion essential Physical Characteristics; Dimensions (if Applicable) 29fr Cannula And 31fr Cannula 29fr Is 46cm Long31fr Is 51cm Long the Information Identified Above Is Intended To Be Descriptive, Not Restrictive And To Indicate The Quality Of The Supplies/services That Will Be Satisfactory. It Is The Responsibility Of The Interested Source To Demonstrate To The Government That The Interested Parties Can Provide The Supplies/services That Fulfill The Required Specifications. If You Are Interested And Are Capable Of Providing The Sought-out Supplies/services, Please Provide The Requested Information As Well As The Information Indicated Below. response To This Notice Should Include Company Name, Address, Point Of Contact, Size Of Business Pursuant To The Following Questions: (1) Please Indicate The Size Status And Representations Of Your Business, Such As But Not Limited To: Service-disabled Veteran Owned Small Business (sdvosb), Veteran Owned Small Business (vosb), Hubzone, Woman Owned Small Business (wosb), Large Business, Etc.)? (2) Is Your Company Considered Small Under The Naics Code Identified In This Rfi? (3) Are You The Manufacturer, Authorized Distributor, And/or Can Provide Equivalent Solution To The Items Being Referenced Above? If Applicable, Please Provide The Manufacturer Name And Business Size. (4) Is The End Product Manufactured In The United States; And Is The Cost Of The Components Made In The U.s. At Least 60% Of The Total Cost Of Components Required To Manufacture The End Product? If The Item Is Not Manufactured In The U.s., Please Provide The Country Of Origin. (5) If You Are A Large Business, Do You Have Any Designated/authorized Distributors? If So, Please Provide Their Company Name, Telephone, Point Of Contact And Size Status (if Available). (5) If You Are A Small Business And You Are An Authorized Distributor/reseller For The Items Identified Above Or An Equivalent Solution, Do You Alter; Assemble; Modify; The Items Requested In Any Way? If You Do, State How And What Is Altered; Assembled; Modified? (6) If You Intend To Subcontract Any Work On This Contract, What Portion Of The Total Cost Will Be Self-performed/will Be Performed By Your Organization? Please Provide Estimated Detailed Percentage Breakdowns Related To Subcontracted Work And Completion Of Job. (7) Does Your Company Have A Federal Supply Schedule (fss) Gsa/nac/sac/bpa/nasa Sewp Or Any Other Federal Government Contract? If So, Please Provide The Contract Number. (8) If You Are An Fss Gsa/nac/sac/bpa/nasa Sewp Or Any Other Federal Government Contract Holder, Are All The Items/solution You Are Providing Information For Available On Your Schedule/contract? Please State If All Or Some Items Are Available On The Contract. (9) General Pricing Of Your Products/solution Is Encouraged. Pricing Will Be Used For The Purpose Of Market Research Only. It Will Not Be Used To Evaluate For Any Type Of Award. (10) Please Submit Your Capabilities Statement Illustrating Your Organization S Ability To Meet The Described Salient Characteristics Or Equal To Items For Planning Purposes; Show Clear, Compelling And Convincing Evidence That All Equal To Items" Meet All The Salient Characteristics. (11) Please Review Salient Characteristics/statement Of Work (if Applicable) And Provide Feedback Or Suggestions. If None, Please Reply As N/a. (12) Please Provide Your Sam.gov Unique Entity Id/cage Code Number. responses To This Notice Shall Be Submitted Via Email To Robert.morgan@va.gov. Telephone Responses Will Not Be Accepted. Responses Must Be Received No Later Than April 10th, 2024by 12:00pm Est. All Responses To This Sources Sought/rfi Will Be Used For Planning Purposes Only. If A Solicitation Is Issued As A Result Of The Information Provided From This Rfi, All Interested Parties Must Respond To That Solicitation Separately Iaw The Specifications Of That Solicitation Announcement. Responses To This Sources Sought/rfi Notice Is Not Considered A Request To Be Added To A Prospective Bidders List Or To Receive A Copy Of The Solicitation.

R602--martinsburg Vamc Bonded Courier Service

Page 2 Of 2 page 2 Of 2 (i) This Is A Combined Synopsis/solicitation For Commercial Items Prepared In Accordance With The Format In Federal Acquisition Regulation (far) Subpart 12.6, As Supplemented With Additional Information Included In This Notice. This Announcement Constitutes The Only Solicitation; Offers Are Being Requested And A Written Solicitation Will Not Be Issued. (ii) The Solicitation Number 36c26224q0962 Is Issued As A Request For Quotation (rfq). (iii) The Provisions And Clauses In This Document Are In Effect Through The Federal Acquisition Circular. (iv) The Us Government, Veterans Affairs (va) Seeks To Make Procurement For Bladder Scanners (v) This Solicitation Is Set Aside For All Service-disabled Veteran-owned Small Businesses (sdvosb) Using Naics Code 334510 Having A Size Standard Of 1,250 Employees. (vi) Product Information: **manufacture Is Verathon** item # description/part Number* qty â 1 bladderscan Prime Plus With Standard 5 Year Warranty / 0270-0870 2 â 2 bladderscan Prime Mobile Cart / 0800-0532 2 â 3 printer, Thermal, Bladderscan Prime / 0270-0868 2 salient Characteristics bladder Scanner: a. It Shall Be Able To Enhance Edge Off-center With Scan Alerts. c. It Must Have Pubic Bone Interference Indicator. d. It Must Have A One -step Automated Volume Results. e. It Must Be Able To Detect Volume From 0-999ml. f. It Shall Be Able To Automatically Adapts To Male, Female, And Pediatric Patient Types. g. It Must Have A Real Time Bladder Auto-location. h. Must Be Able To Password Protected All Patient Information. 2. Durability A. It Must Have A Completely Sealed Probe Design To Protect Sensitive Electronics. B. It Must Be Industrial-strength, Probe Cables And Interconnects. C. It Shall Be Able To Be Clean With Most Hospitals Cleaners And Disinfectants. D. Lithium-ion Batteries Shall Power Both The Probe And The Console. offeror Quotations Must Demonstrate Meeting The Salient Physical, And Functional Characteristics Included In This Solicitation, Otherwise, They Will Be Considered Non-responsive. The Technical Specifications For This Requirement Are Listed For Brand Name Or Equal Per Far 52.211-6. the Information Provided Above Is Intended To Be Descriptive, Not Restrictive, And To Indicate The Quality That Will Be Satisfactory. The Interested Parties Bear Full Responsibility To Ensure Their Submission Demonstrates To The Government That They Can Satisfy The Requirement By Providing The Brand Name Or Equal To The Supplies Being Requested. (vii) Delivery Requirements: place Of Delivery va San Diego Healthcare System | 3350 La Jolla Village Dr. | San Diego Ca, 92161 period Of Performance/delivery Timeframe: deliver All Items And Provide Any Required Installation No Later Than 30 Days From The Award Date. (viii) The Provision At 52.212-1, Instructions To Offerors Commercial Items, Applies To This Solicitation. far 52.212-1 Addendum: all Offeror Quotes For This Solicitation Must Be Received Electronically Through Email No Later Than Wednesday April 10, 2024, At 1:00 Pm Pst. Ensure To Reference Solicitation Number 36c26224q0962 Within The Subject Line Of The Email. Any Offeror Quotes Received After The Prescribed Date/time Shall Be Considered Late And Will Not Be Considered For Award. offers And Questions Shall Be Sent By Email To Contract Specialist Carlo Manuel. Carlo.manuel@va.gov authorized Distributor Letter (adl) any Suppliers, Distributors, And/or Resellers Who Participate In This Solicitation, Must Be Authorized To Provide The Items By The Original Equipment Manufacturer (oem). An Authorized Distributor Letter (adl) From The Manufacturer Shall Be Included With Your Response To Be Considered For Award. if The Potential Authorized Supplier Is Not The Oem, The Authorized Supplier Must Provide An Authorized Distributor Letter From The Oem Signed Within The Last 90 Days. The Letter Must Either State Specific Product(s) Quoted Or That The Quoter Is An Authorized Distributor For All The Manufacturer S Products. This Letter Must Be On The Manufacturer S Letterhead And Contain The Signature Of An Authorized Official For The Manufacturer. (ix) The Provision At Far 52.212-2, Evaluation -- Commercial Products And Commercial Services (nov 2021), Applies To This Solicitation. far 52.212-2 Addendum / Replacement: (a) The Government Will Award A Contract Resulting From This Solicitation To The Responsive And Responsible Offeror Whose Offer Conforming To The Solicitation Will Be Most Advantageous To The Government, Price, And Other Factors Considered. The Following Factors Shall Be Used To Evaluate Offers: the Lowest-priced Quotation That Meets All Salient Characteristics Requirements That Are Both Responsive And Responsible. acceptability Of Equipment/services Shall Be Established By Review Of Each Submitted Quotation By The Designated Evaluator(s) And Verification That Any Equal-to Items Meet The Salient Characteristics Included In This Solicitation. Submissions To This Solicitation Must Show Clear, Compelling, And Convincing Evidence That Equal-to-items Meet All The Salient Characteristics. Offers That Include Any Items That Are Not Determined As Brand Name Or Equal Shall Result In An Unacceptable Offer. See Far 52.211-6 Brand Name Or Equal For Additional Information. (b) Options. The Government Will Evaluate Offers For Award Purposes By Adding The Total Price For All Options To The Total Price For The Basic Requirement. The Government May Determine That An Offer Is Unacceptable If The Option Prices Are Significantly Unbalanced. Evaluation Of Options Shall Not Obligate The Government To Exercise The Option(s). (c) A Written Notice Of Award Or Acceptance Of An Offer, Mailed Or Otherwise Furnished To The Successful Offeror Within The Time For Acceptance Specified With A Minimum Of At Least Sixty Days, Shall Result In A Binding Contract Without Further Action By Either Party. Before The Offer S Specified Expiration Time, The Government May Accept An Offer (or Part Of An Offer), Whether There Are Negotiations After Its Receipt Unless A Written Notice Of Withdrawal Is Received Before Award. (end Of Provision) (x) Must Include A Completed Copy Of The Provision At 52.212-3 -- Offeror Representations And Certifications -- Commercial Products, With This Solicitation Or Ensure Sam.gov Is Updated With Current Information. (xi) The Clause At 52.212-4, Contract Terms And Conditions -- Commercial Products And Commercial Services, Applies To This Acquisition. 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) (xii) The Clause At 52.212-5, Contract Terms And Conditions Required To Implement Statutes Or Executive Orders -- Commercial Products, Applies To This Acquisition. 52.212-5 Contract Terms And Conditions Required To Implement Statutes Or Executive Orders Commercial Products And Commercial Services (dec 2022) (a) The Contractor Shall Comply With The Following Federal Acquisition Regulation (far) Clauses, Which Are Incorporated In This Contract By Reference, To Implement Provisions Of Law Or Executive Orders Applicable To Acquisitions Of Commercial Products And Commercial Services: (1) 52.203-19, Prohibition On Requiring Certain Internal Confidentiality Agreements Or Statements (jan 2017) (section 743 Of Division E, Title Vii, Of The Consolidated And Further Continuing Appropriations Act, 2015 (pub. L. 113-235) And Its Successor Provisions In Subsequent Appropriations Acts (and As Extended In Continuing Resolutions)). (2) 52.204 23, Prohibition On Contracting For Hardware, Software, And Services Developed Or Provided By Kaspersky Lab And Other Covered Entities (nov 2021) (section 1634 Of Pub. L. 115 91). (3) 52.204 25, Prohibition On Contracting For Certain Telecommunications And Video Surveillance Services Or Equipment. (nov 2021) (section 889(a)(1)(a) Of Pub. L. 115 232). (4) 52.209-10, Prohibition On Contracting With Inverted Domestic Corporations (nov 2015). (5) 52.233-3, Protest After Award (aug 1996) (31 U.s.c. 3553). (6) 52.233-4, Applicable Law For Breach Of Contract Claim (oct 2004) (public Laws 108-77 And 108-78 (19 U.s.c. 3805 Note)). (b) The Contractor Shall Comply With The Far Clauses In This Paragraph (b) That The Contracting Officer Has Indicated As Being Incorporated In This Contract By Reference To Implement Provisions Of Law Or Executive Orders Applicable To Acquisitions Of Commercial Products And Commercial Services: [x] (1) 52.203 6, Restrictions On Subcontractor Sales To The Government (jun 2020), With Alternate I (nov 2021) (41 U.s.c. 4704 And 10 U.s.c. 4655). [] (2) 52.203 13, Contractor Code Of Business Ethics And Conduct (nov 2021) (41 U.s.c. 3509). [] (3) 52.203 15, Whistleblower Protections Under The American Recovery And Reinvestment Act Of 2009 (jun 2010) (section 1553 Of Pub. L. 111-5). (applies To Contracts Funded By The American Recovery And Reinvestment Act Of 2009.) [x] (4) 52.204 10, Reporting Executive Compensation And First-tier Subcontract Awards (jun 2020) (pub. L. 109 282) (31 U.s.c. 6101 Note). [] (5) [reserved] [] (6) 52.204 14, Service Contract Reporting Requirements (oct 2016) (pub. L. 111 117, Section 743 Of Div. C). [] (7) 52.204 15, Service Contract Reporting Requirements For Indefinite-delivery Contracts (oct 2016) (pub. L. 111 117, Section 743 Of Div. C). [x] (8) 52.209 6, Protecting The Government S Interest When Subcontracting With Contractors Debarred, Suspended, Or Proposed For Debarment. (nov 2021) (31 U.s.c. 6101 Note). [x] (9) 52.209-9, Updates Of Publicly Available Information Regarding Responsibility Matters (oct 2018) (41 U.s.c. 2313). [] (10) [reserved] [] (11) 52.219 3, Notice Of Hubzone Set-aside Or Sole-source Award (oct 2022) (15 U.s.c. 657a). [] (12) 52.219 4, Notice Of Price Evaluation Preference For Hubzone Small Business Concerns (oct 2022) (if The Offeror Elects To Waive The Preference, It Shall So Indicate In Its Offer) (15 U.s.c. 657a). [] (13) [reserved] [] (14)(i) 52.219-6, Notice Of Total Small Business Set-aside (nov 2020) (15 U.s.c. 644). [] (ii) Alternate I (mar 2020) Of 52.219-6. [] (15)(i) 52.219-7, Notice Of Partial Small Business Set-aside (nov 2020) (15 U.s.c. 644). [] (ii) Alternate I (mar 2020) Of 52.219-7. [x] (16) 52.219-8, Utilization Of Small Business Concerns (oct 2022) (15 U.s.c. 637(d)(2) And (3)). [] (17)(i) 52.219 9, Small Business Subcontracting Plan (oct 2022) (15 U.s.c. 637(d)(4)). [] (ii) Alternate I (nov 2016) Of 52.219-9. [] (iii) Alternate Ii (nov 2016) Of 52.219-9. [] (iv) Alternate Iii (jun 2020) Of 52.219 9. [] (v) Alternate Iv (sep 2021) Of 52.219 9. [] (18)(i) 52.219-13, Notice Of Set-aside Of Orders (mar 2020) (15 U.s.c. 644(r)). [] (ii) Alternate I (mar 2020) Of 52.219-13. [] (19) 52.219 14, Limitations On Subcontracting (oct 2022) (15 U.s.c. 657s). [] (20) 52.219-16, Liquidated Damages Subcontracting Plan (sep 2021) (15 U.s.c. 637(d)(4)(f)(i)). [x] (21) 52.219 27, Notice Of Service-disabled Veteran-owned Small Business Set-aside (oct 2022) (15 U.s.c. 657f). [x] (22) (i) 52.219 28, Post-award Small Business Program Rerepresentation (oct 2022) (15 U.s.c. 632(a)(2)). [] (ii) Alternate I (mar 2020) Of 52.219 28. [] (23) 52.219 29, Notice Of Set-aside For, Or Sole-source Award To, Economically Disadvantaged Women-owned Small Business Concerns (oct 2022) (15 U.s.c. 637(m)). [] (24) 52.219 30, Notice Of Set-aside For, Or Sole-source Award To, Women-owned Small Business Concerns Eligible Under The Women-owned Small Business Program (oct 2022) (15 U.s.c. 637(m)). [] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (mar 2020) (15 U.s.c. 644(r)). [] (26) L(26) 52.219 33, Nonmanufacturer Rule (sep 2021) (15 U.s.c. 657s). [] (27) 52.222-3, Convict Labor (june 2003) (e.o. 11755). [x] (28) 52.222 19, Child Labor Cooperation With Authorities And Remedies (dec 2022) (e.o. 13126). [x] (29) 52.222-21, Prohibition Of Segregated Facilities (apr 2015). [x] (30)(i) 52.222 26, Equal Opportunity (sep 2016) (e.o. 11246). [] (ii) Alternate I (feb 1999) Of 52.222-26. [x] (31)(i) 52.222 35, Equal Opportunity For Veterans (jun 2020) (38 U.s.c. 4212). [] (ii) Alternate I (july 2014) Of 52.222-35. [x] (32)(i) 52.222 36, Equal Opportunity For Workers With Disabilities (jun 2020) (29 U.s.c. 793). [] (ii) Alternate I (july 2014) Of 52.222-36. [x] (33) 52.222 37, Employment Reports On Veterans (jun 2020) (38 U.s.c. 4212). [x] (34) 52.222-40, Notification Of Employee Rights Under The National Labor Relations Act (dec 2010) (e.o. 13496). [x] (35)(i) 52.222-50, Combating Trafficking In Persons (nov 2021) (22 U.s.c. Chapter 78 And E.o. 13627). [] (ii) Alternate I (mar 2015) Of 52.222-50 (22 U.s.c. Chapter 78 And E.o. 13627). [] (36) 52.222-54, Employment Eligibility Verification (may 2022). (e. O. 12989). (not Applicable To The Acquisition Of Commercially Available Off-the-shelf Items Or Certain Other Types Of Commercial Products Or Commercial Services As Prescribed In Far 22.1803.) [] (37)(i) 52.223-9, Estimate Of Percentage Of Recovered Material Content For Epa-designated Items (may 2008) (42 U.s.c.6962(c)(3)(a)(ii)). (not Applicable To The Acquisition Of Commercially Available Off-the-shelf Items.) [] (ii) Alternate I (may 2008) Of 52.223-9 (42 U.s.c. 6962(i)(2)(c)). (not Applicable To The Acquisition Of Commercially Available Off-the-shelf Items.) [] (38) 52.223-11, Ozone-depleting Substances And High Global Warming Potential Hydrofluorocarbons (jun 2016) (e.o. 13693). [] (39) 52.223-12, Maintenance, Service, Repair, Or Disposal Of Refrigeration Equipment And Air Conditioners (jun 2016) (e.o. 13693). [] (40)(i) 52.223-13, Acquisition Of Epeatâ®-registered Imaging Equipment (jun 2014) (e.o.s 13423 And 13514). [] (ii) Alternate I (oct 2015) Of 52.223-13. [] (41)(i) 52.223-14, Acquisition Of Epeatâ®-registered Televisions (jun 2014) (e.o.s 13423 And 13514). [] (ii) Alternate I (jun 2014) Of 52.223-14. [] (42) 52.223-15, Energy Efficiency In Energy-consuming Products (may 2020) (42 U.s.c. 8259b). [] (43)(i) 52.223-16, Acquisition Of Epeatâ®-registered Personal Computer Products (oct 2015) (e.o.s 13423 And 13514). [] (ii) Alternate I (jun 2014) Of 52.223-16. [x] (44) 52.223 18, Encouraging Contractor Policies To Ban Text Messaging While Driving (jun 2020) (e.o. 13513). [] (45) 52.223-20, Aerosols (jun 2016) (e.o. 13693). [] (46) 52.223-21, Foams (jun 2016) (e.o. 13693). [] (47)(i) 52.224-3, Privacy Training (jan 2017) (5 U.s.c. 552a). [] (ii) Alternate I (jan 2017) Of 52.224-3. [x] (48)(i) 52.225-1, Buy American Supplies (oct 2022) (41 U.s.c. Chapter 83). [] (ii) Alternate I (oct 2022) Of 52.225 1. [] (49)(i) 52.225-3, Buy American Free Trade Agreements Israeli Trade Act (dec 2022) (19 U.s.c. 3301 Note, 19 U.s.c. 2112 Note, 19 U.s.c. 3805 Note, 19 U.s.c. 4001 Note, 19 U.s.c. Chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, And 112-43. [] (ii) Alternate I [reserved]. [] (iii) Alternate Ii (dec 2022) Of 52.225-3. [] (iv) Alternate Iii (jan 2021) Of 52.225-3. [] (v) Alternate Iv (oct 2022) Of 52.225-3. [] (50) 52.225 5, Trade Agreements (dec 2022) (19 U.s.c. 2501, Et Seq., 19 U.s.c. 3301 Note). [x] (51) 52.225-13, Restrictions On Certain Foreign Purchases (feb 2021) (e.o.'s, Proclamations, And Statutes Administered By The Office Of Foreign Assets Control Of The Department Of The Treasury). [] (52) 52.225 26, Contractors Performing Private Security Functions Outside The United States (oct 2016) (section 862, As Amended, Of The National Defense Authorization Act For Fiscal Year 2008; 10 U.s.c. Subtitle A, Part V, Subpart G Note). [] (53) 52.226-4, Notice Of Disaster Or Emergency Area Set-aside (nov 2007) (42 U.s.c. 5150). [] (54) 52.226-5, Restrictions On Subcontracting Outside Disaster Or Emergency Area (nov 2007) (42 U.s.c. 5150). [x] (55) 52.229 12, Tax On Certain Foreign Procurements (feb 2021). [] (56) 52.232-29, Terms For Financing Of Purchases Of Commercial Products And Commercial Services (nov 2021) (41 U.s.c. 4505, 10 U.s.c. 3805). [] (57) 52.232-30, Installment Payments For Commercial Products And Commercial Services (nov 2021) (41 U.s.c. 4505, 10 U.s.c. 3805). [x] (58) 52.232-33, Payment By Electronic Funds Transfer System For Award Management (oct 2018) (31 U.s.c. 3332). [] (59) 52.232-34, Payment By Electronic Funds Transfer Other Than System For Award Management (jul 2013) (31 U.s.c. 3332). [x] (60) 52.232-36, Payment By Third Party (may 2014) (31 U.s.c. 3332). [] (61) 52.239-1, Privacy Or Security Safeguards (aug 1996) (5 U.s.c. 552a). [] (62) 52.242-5, Payments To Small Business Subcontractors (jan 2017)(15 U.s.c. 637(d)(13)). [] (63)(i) 52.247-64, Preference For Privately Owned U.s.-flag Commercial Vessels (nov 2021) (46 U.s.c. 55305 And 10 U.s.c. 2631). [] (ii) Alternate I (apr 2003) Of 52.247-64. [] (iii) Alternate Ii (nov 2021) Of 52.247-64. (c) The Contractor Shall Comply With The Far Clauses In This Paragraph (c), Applicable To Commercial Services, That The Contracting Officer Has Indicated As Being Incorporated In This Contract By Reference To Implement Provisions Of Law Or Executive Orders Applicable To Acquisitions Of Commercial Products And Commercial Services: [] (1) 52.222-41, Service Contract Labor Standards (aug 2018) (41 U.s.c. Chapter 67). [] (2) 52.222-42, Statement Of Equivalent Rates For Federal Hires (may 2014) (29 U.s.c. 206 And 41 U.s.c. Chapter 67). [] (3) 52.222-43, Fair Labor Standards Act And Service Contract Labor Standards Price Adjustment (multiple Year And Option Contracts) (aug 2018) (29 U.s.c. 206 And 41 U.s.c. Chapter 67). [] (4) 52.222-44, Fair Labor Standards Act And Service Contract Labor Standards Price Adjustment (may 2014) (29 U.s.c 206 And 41 U.s.c. Chapter 67). [] (5) 52.222-51, Exemption From Application Of The Service Contract Labor Standards To Contracts For Maintenance, Calibration, Or Repair Of Certain Equipment Requirements (may 2014) (41 U.s.c. Chapter 67). [] (6) 52.222-53, Exemption From Application Of The Service Contract Labor Standards To Contracts For Certain Services Requirements (may 2014) (41 U.s.c. Chapter 67). [] (7) 52.222-55, Minimum Wages For Contractor Workers Under Executive Order 14026 (jan 2022). [] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (jan 2022) (e.o. 13706). [] (9) 52.226 6, Promoting Excess Food Donation To Nonprofit Organizations (jun 2020) (42 U.s.c. 1792). (d) Comptroller General Examination Of Record. The Contractor Shall Comply With The Provisions Of This Paragraph (d) If This Contract Was Awarded Using Other Than Sealed Bid, Is In Excess Of The Simplified Acquisition Threshold, As Defined In Far 2.101, On The Date Of Award Of This Contract, And Does Not Contain The Clause At 52.215-2, Audit And Records Negotiation. (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 Subpart 4.7, Contractor Records Retention, Of The 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 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. (e)(1) Notwithstanding The Requirements Of The Clauses In Paragraphs (a), (b), (c), And (d) Of This Clause, The Contractor Is Not Required To Flow Down Any Far Clause, Other Than Those In This Paragraph (e)(1) In A Subcontract For Commercial Products Or Commercial Services. Unless Otherwise Indicated Below, The Extent Of The Flow Down Shall Be As Required By The Clause (i) 52.203 13, Contractor Code Of Business Ethics And Conduct (nov 2021) (41 U.s.c. 3509). (ii) 52.203-19, Prohibition On Requiring Certain Internal Confidentiality Agreements Or Statements (jan 2017) (section 743 Of Division E, Title Vii, Of The Consolidated And Further Continuing Appropriations Act, 2015 (pub. L. 113-235) And Its Successor Provisions In Subsequent Appropriations Acts (and As Extended In Continuing Resolutions)). (iii) 52.204 23, Prohibition On Contracting For Hardware, Software, And Services Developed Or Provided By Kaspersky Lab And Other Covered Entities (nov 2021) (section 1634 Of Pub. L. 115 91). (iv) 52.204 25, Prohibition On Contracting For Certain Telecommunications And Video Surveillance Services Or Equipment. (nov 2021) (section 889(a)(1)(a) Of Pub. L. 115 232). (v) 52.219 8, Utilization Of Small Business Concerns (oct 2022) (15 U.s.c. 637(d)(2) And (3)), In All Subcontracts That Offer Further Subcontracting Opportunities. If The Subcontract (except Subcontracts To Small Business Concerns) Exceeds The Applicable Threshold Specified In Far 19.702(a) On The Date Of Subcontract Award, The Subcontractor Must Include 52.219 8 In Lower Tier Subcontracts That Offer Subcontracting Opportunities. (vi) 52.222-21, Prohibition Of Segregated Facilities (apr 2015). (vii) 52.222 26, Equal Opportunity (sep 2016) (e.o. 11246). (viii) 52.222 35, Equal Opportunity For Veterans (jun 2020) (38 U.s.c. 4212). (ix) 52.222 36, Equal Opportunity For Workers With Disabilities (jun 2020) (29 U.s.c. 793). (x) 52.222 37, Employment Reports On Veterans (jun 2020) (38 U.s.c. 4212). (xi) 52.222-40, Notification Of Employee Rights Under The National Labor Relations Act (dec 2010) (e.o. 13496). Flow Down Required In Accordance With Paragraph (f) Of Far Clause 52.222-40. (xii) 52.222-41, Service Contract Labor Standards (aug 2018) (41 U.s.c. Chapter 67). (xiii)(a) 52.222-50, Combating Trafficking In Persons (nov 2021) (22 U.s.c. Chapter 78 And E.o. 13627). (b) Alternate I (mar 2015) Of 52.222-50 (22 U.s.c. Chapter 78 And E.o. 13627). (xiv) 52.222-51, Exemption From Application Of The Service Contract Labor Standards To Contracts For Maintenance, Calibration, Or Repair Of Certain Equipment Requirements (may 2014) (41 U.s.c. Chapter 67). (xv) 52.222-53, Exemption From Application Of The Service Contract Labor Standards To Contracts For Certain Services Requirements (may 2014) (41 U.s.c. Chapter 67). (xvi) 52.222-54, Employment Eligibility Verification (may 2022) (e. O. 12989). (xvii) 52.222-55, Minimum Wages For Contractor Workers Under Executive Order 14026 (jan 2022). (xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (jan 2022) (e.o. 13706). (xix)(a) 52.224-3, Privacy Training (jan 2017) (5 U.s.c. 552a). (b) Alternate I (jan 2017) Of 52.224-3. (xx) 52.225 26, Contractors Performing Private Security Functions Outside The United States (oct 2016) (section 862, As Amended, Of The National Defense Authorization Act For Fiscal Year 2008; 10 U.s.c. Subtitle A, Part V, Subpart G Note). (xxi) 52.226 6, Promoting Excess Food Donation To Nonprofit Organizations (jun 2020) (42 U.s.c. 1792). Flow Down Required In Accordance With Paragraph (e) Of Far Clause 52.226-6. (xxii) 52.247-64, Preference For Privately Owned U.s.-flag Commercial Vessels (nov 2021) (46 U.s.c. 55305 And 10 U.s.c. 2631). Flow Down Required In Accordance With Paragraph (d) Of Far Clause 52.247-64. (2) While Not Required, The Contractor May Include In Its Subcontracts For Commercial Products And Commercial Services A Minimal Number Of Additional Clauses Necessary To Satisfy Its Contractual Obligations. (end Of Clause) (xxiii) In Addition, The Following Clauses Shall Also Apply: vaar 852.219-74 Limitations On Subcontracting Monitoring And Compliance (jul 2018) (a) This Solicitation Includes Vaar 852.219-10 Va Notice Of Total Service-disabled Veteran-owned Small Business Set-aside. (b) Accordingly, Any Contract Resulting From This Solicitation Is Subject To The Limitation On Subcontracting Requirements In 13 Cfr 125.6, Or The Limitations On Subcontracting Requirements In The Far Clause, As Applicable. The Contractor Is Advised That In Performing Contract Administration Functions, The Contracting Officer May Use The Services Of A Support Contractor(s) Retained By Va To Assist In Assessing The Contractor's Compliance With The Limitations On Subcontracting Or Percentage Of Work Performance Requirements Specified In The Clause. To That End, The Support Contractor(s) May Require Access To Contractor's Offices Where The Contractor's Business Records Or Other Proprietary Data Are Retained And To Review Such Business Records Regarding The Contractor's Compliance With This Requirement. (c) All Support Contractors Conducting This Review On Behalf Of Va Will Be Required To Sign An Information Protection And Non-disclosure And Disclosure Of Conflicts Of Interest Agreement To Ensure The Contractor's Business Records Or Other Proprietary Data Reviewed Or Obtained In The Course Of Assisting The Contracting Officer In Assessing The Contractor For Compliance Are Protected To Ensure Information Or Data Is Not Improperly Disclosed Or Other Impropriety Occurs. (d) Furthermore, If Va Determines Any Services The Support Contractor(s) Will Perform In Assessing Compliance Are Advisory And Assistance Services As Defined In Far 2.101, Definitions, The Support Contractor(s) Must Also Enter Into An Agreement With The Contractor To Protect Proprietary Information As Required By Far 9.505-4, Obtaining Access To Proprietary Information, Paragraph (b). The Contractor Is Required To Cooperate Fully And Make Available Any Records As May Be Required To Enable The Contracting Officer To Assess The Contractor's Compliance With The Limitations On Subcontracting Or Percentage Of Work Performance Requirement. (end Of Clause) vaar 852.219-76 Va Notice Of Limitations On Subcontracting Certificate Of Compliance For Supplies And Products (sep 2021) (deviation) (a) Pursuant To 38 U.s.c. 8127(k)(2), The Offeror Certifies That (1) If Awarded A Contract (see F(a)far 2.101 Definition), It Will Comply With The Limitations On Subcontracting Requirement As Provided In The Solicitation And The Resultant Contract, As Follows: [offeror Check The Appropriate Box] (i) [ ] In The Case Of A Contract For Supplies Or Products (other Than From A Non-manufacturer Of Such Supplies), It Will Not Pay More Than 50% Of The Amount Paid By The Government To It To Firms That Are Not Vip-listed Sdvosbs As Set Forth In 852.219-10 Or Vosbs As Set Forth In 852.219-11. 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. (2) Manufacturer Or Nonmanufacturer Representation And Certification. [offeror Fill-in 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 To Qualify As A Nonmanufacturer. [offeror Fill-in Check Each Box Below.] [ ] 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) [ ] If This Is A Multiple Item Acquisition, The Offeror Certifies That At Least 50% Of The Estimated Contract Value Is Composed Of Items That Are Manufactured By Small Business Concerns. [contracting Officer Fill-in Or Removal. See 13 Cfr 121.406(d) For Multiple End Items. If Sba Has Issued An Applicable Nonmanufacturer Rule Waiver, This Requirement Must Be Removed In The Final Solicitation Or Contract.] (3) The Offeror Acknowledges That This Certification Concerns A Matter Within The Jurisdiction Of An Agency Of The United States. The Offeror Further Acknowledges That This Certification Is Subject To Title 18, United States Code, Section 1001, And, As Such, A False, Fictitious, Or Fraudulent Certification May Render The Offeror Subject To Criminal, Civil, Or Administrative Penalties, Including Prosecution. (4) If Va Determines That An Sdvosb/vosb Awarded A Contract Pursuant To 38 U.s.c. 8127 Did Not Act In Good Faith, Such Sdvosb/vosb Shall Be Subject To Any Or All Of The Following: (i) Referral To The Va Suspension And Debarment Committee; (ii) A Fine Under Section 16(g)(1) Of The Small Business Act (15 U.s.c. 645(g)(1)); And (iii) Prosecution For Violating Section 1001 Of Title 18. (b) The Offeror Represents And Understands That By Submission Of Its Offer And Award Of A Contract It May Be Required To Provide Copies Of Documents Or Records To Va That Va May Review To Determine Whether The Offeror Complied With The Limitations On Subcontracting Requirement Specified In The Contract Or To Determine Whether The Offeror Qualifies As A Manufacturer Or Nonmanufacturer In Compliance With The Limitations On Subcontracting Requirement. Contracting Officer May, At Their Discretion, Require The Contractor To Demonstrate Its Compliance With The Limitations On Subcontracting At Any Time During Performance And Upon Completion Of A Contract If The Information Regarding Such Compliance Is Not Already Available To The Contracting Officer. Evidence Of Compliance Includes, But Is Not Limited To, Invoices, Copies Of Subcontracts, Or A List Of The Value Of Tasks Performed. (c) The Offeror Further Agrees To Cooperate Fully And Make Available Any Documents Or Records As May Be Required To Enable Va To Determine Compliance. The Offeror Understands That Failure To Provide Documents As Requested By Va May Result In Remedial Action As The Government Deems Appropriate. (d) Offeror Completed Certification/fill-in Required. The Formal Certification Must Be Completed, Signed, And Returned With The Offeror S Bid, Quotation, Or Proposal. The Government Will Not Consider Offers For Award From Offerors That Do Not Provide The Certification, And All Such Responses Will Be Deemed Ineligible For Evaluation And Award. certification: i Hereby Certify That If Awarded The Contract, [insert Name Of Offeror] Qualifies As A Manufacturer Or Nonmanufacturer As Stated Herein And That If Awarded The Contract, [insert Name Of Offeror] Will Comply With The Limitations On Subcontracting Requirement Specified In The Resultant Contract, Unless A Waiver As Described In 13 Cfr 121.406(b)(5) Is Granted. I Further Certify That I Am Authorized To Execute This Certification On Behalf Of [insert Name Of Offeror]. printed Name Of Signee:________________________________________ printed Title Of Signee:_________________________________________ signature:___________________________________________________ date:_____________________ company Name And Address: ________________________________________ _________________________________________________________________ (end Of Clause) 52.211-6 Brand Name Or Equal (aug 1999) (a) If An Item In This Solicitation Is Identified As Brand Name Or Equal, The Purchase Description Reflects The Characteristics And Level Of Quality That Will Satisfy The Government S Needs. The Salient Physical, Functional, Or Performance Characteristics That Equal Products Must Meet Are Specified In The Solicitation. (b) To Be Considered For Award, Offers Of Equal Products, Including Equal Products Of The Brand Name Manufacturer, Must (1) Meet The Salient Physical, Functional, Or Performance Characteristic Specified In This Solicitation; (2) Clearly Identify The Item By (i) Brand Name, If Any; And (ii) Make Or Model Number; (3) Include Descriptive Literature Such As Illustrations, Drawings, Or A Clear Reference To Previously Furnished Descriptive Data Or Information Available To The Contracting Officer; And (4) Clearly Describe Any Modification The Offeror Plans To Make In A Product To Make It Conform To The Solicitation Requirements. Mark Any Descriptive Material To Clearly Show The Modification. (c) The Contracting Officer Will Evaluate Equal Products On The Basis Of Information Furnished By The Offeror Or Identified In The Offer And Reasonably Available To The Contracting Officer. The Contracting Officer Is Not Responsible For Locating Or Obtaining Any Information Not Identified In The Offer. (d) Unless The Offeror Clearly Indicates In Its Offer That The Product Being Offered Is An Equal Product, The Offeror Shall Provide The Brand Name Product Referenced In The Solicitation. (end Of Clause) 52.217-6 - Option For Increased Quantity (mar 1989) the Government May Increase The Quantity Of Supplies Called For In The Schedule At The Unit Price Specified. The Contracting Officer May Exercise The Option By Written Notice To The Contractor Within One-hundred Eighty (180) Calendar Days Of Contract Conclusion. Delivery Of The Added Items, Not To Exceed 50% Of All Contract Line Items, Shall Continue At The Same Rate As The Like Items Called For Under The Contract, Unless The Parties Otherwise Agree. (end Of Clause) 852.212-72 - Gray Market And Counterfeit Items (mar 2020) (a) No Used, Refurbished, Or Remanufactured Supplies Or Equipment/parts Shall Be Provided. This Procurement Is For New Original Equipment Manufacturer (oem) Items Only. No Gray Market Items Shall Be Provided. Gray Market Items Are Oem Goods Intentionally Or Unintentionally Sold Outside An Authorized Sales Territory Or Sold By Non-authorized Dealers In An Authorized Sales Territory. (b) No Counterfeit Supplies Or Equipment/parts Shall Be Provided. Counterfeit Items Include Unlawful Or Unauthorized Reproductions, Substitutions, Or Alterations That Have Been Mismarked, Misidentified, Or Otherwise Misrepresented To Be An Authentic, Unmodified Item From The Original Manufacturer, Or A Source With The Express Written Authority Of The Original Manufacturer Or Current Design Activity, Including An Authorized Aftermarket Manufacturer. Unlawful Or Unauthorized Substitutions Include Used Items Represented As New, Or The False Identification Of Grade, Serial Number, Lot Number, Date Code, Or Performance Characteristics. (c) Vendor Shall Be An Oem, Authorized Dealer, Authorized Distributor Or Authorized Reseller For The Proposed Equipment/system, Verified By An Authorization Letter Or Other Documents From The Oem. All Software Licensing, Warranty And Service Associated With The Equipment/system Shall Be In Accordance With The Oem Terms And Conditions. (end Of Clause) 52.252-2 - Clauses Incorporated By Reference (feb 1998) this Contract Incorporates One Or More Clauses By Reference, With The Same Force And Effect As If They Were Given In Full Text. Upon Request, The Contracting Officer Will Make Their Full Text Available. Also, The Full Text Of A Clause May Be Accessed Electronically At This/these Address(es): http://www.acquisition.gov/comp/far/index.html (far) http://www.va.gov/oal/library/vaar/index.asp (vaar) (end Of Clause) in Addition, The Following Clauses And Provisions Shall Also Apply: 52.232-18 availability Of Funds (apr 1984) 52.233-1 disputes (may 2014) 52.233-3 protest After Award (aug 1996) 852.203-70 commercial Advertising (jan 2008) 852.232-72 electronic Submission Of Payment Requests (nov 2012) 52.204-7 system For Award Management (oct 2018) 52.204-16 commercial And Government Entity Code Reporting (oct 2016) 52.209-7 information Regarding Responsibility Matters (oct 2018) 52.233-2 service Of Protest (sept 2006) 852.233-70 protest Content/alternative Dispute Resolution (oct 2018) 852.252-70 solicitation Provisions Or Clauses Incorporated By Reference (jan 2008) 852.237-70 contractor Responsibilities apr 1984 852.215-70 service-disabled Veteran-owned And Veteran-owned Small Business Evaluation Factors jul 2016 (end Of Solicitation)

6550--visn 6 A1c Analyzer Cost Per Reportable Test Capable Of Capable Of Measuring Glycohemoglobin A1c By Hplc