SOLICITATION NOTICE
77 -- IPTV headend for MEDVAMC
- Notice Date
- 8/29/2021 7:49:14 PM
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 337124
— Metal Household Furniture Manufacturing
- Contracting Office
- 256-NETWORK CONTRACT OFFICE 16 (36C256) RIDGELAND MS 39157 USA
- ZIP Code
- 39157
- Solicitation Number
- 36C25621Q1801
- Response Due
- 9/2/2021 12:30:00 PM
- Archive Date
- 09/12/2021
- Point of Contact
- Kever L Swafford, Contracting Officer, Phone: 713-794-7218
- E-Mail Address
-
kever.swafford@va.gov
(kever.swafford@va.gov)
- Awardee
- null
- Description
- 36C25621Q0964 Page 1 of Page 50 of 50 Page 1 of COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS General Information Document Type: Combined Solicitation/Synopsis Solicitation Number: 36C25621Q1801 Posted Date: August 29, 2021 Questions Due Date/Time: September 1, 2021 / 9:30am (CST) Response Due Date/Time: September 2, 2021 / 2:30pm (CST) Product or Service Code: 6515 (Medical and Surgical Instruments, Equipment and Supplies) Set Aside: Service-Disable Veteran-Owned Small Business NAICS Code: 339112 (Surgical and Medical Instrument Manufacturing) Size Standard: 1000 employees Point of Contact: Kever L. Swafford - Email: Kever.swafford@va.gov Description: Contractor is required to be actively registered in the System for Award Management (SAM) and Small Business Administration (SBA). Quotes may be considered non-compliant and rejected if the Contracting Officer is unable to verify active registration status. The MEDVAMC is seeking a contractor to provide new equipment in accordance with the below Statement of Work (SOW). All interested companies shall provide quotations for the following: Supplies: STATEMENT OF OBJECTIVES (SOO) IPTV headend for MEDVAMC Michael E. DeBakey VA Medical Center Program Objective Contractor shall provide all equipment, labor, material, hardware, software, licensing, warranty, installation, user training, and supplies necessary install qty 1 IPTV system (w/ redundant RF output) at the Michael E. DeBakey VA Medical Center (MEDVAMC) located at 2002 Holcombe Blvd., Houston, Texas 77030. Scope: The contractor shall provide the following components: Item # Part Number Description/ Qty Headend unit 1 DirecTV 96 Channel Com3000 with installation. Configured for IP and RF distribution 1 2 MS125-48 Cisco Meraki MS125 switch with 5Yr license (LIC-MS125-48-5Y) 1 3 MS425-32 Meraki aggregation switch with 5 Yr. license (LIC-MS425-32-5Y) 1 End Point terminal/cabling 4 MS125-24 Cisco Meraki MS125 switch with 5Yr license (LIC-MS125-24-5Y) 25 5 10 GbE SFP+ SR Fiber Transceiver 10 GbE SFP+ SR Fiber Transceiver 50 6 Cat6 cable runs 250 7 Relocate/Reterminate Cat5e runs 325 Contractor shall: install components to have minimal impact on the business operations of the facility and meet applicable infection control and health and safety requirements such as Joint Commission and Infection Control Risk Assessment (ICRA) findings and standards Fill any holes left by old work if not reused Maintain a list of rooms requiring touch up paint for in house personnel to complete Provide and install above headend components in 6th floor mechanical room where current RF headend is located. Contractor shall take care not to damage od equipment. Provide and install above end point components in mechanical room where current switches are located. Contractor shall take care not to damage old equipment. Install up to 250 new cat6 runs from TVs to mechanical room. Relocate and reterminate up to 325 cate5e runs to existing data plate (WPA-0767) behind TV. Old data port to be covered by blank 1 gang plate. Program each component with the specified IP address, channel list, and other settings specified by the facility Submit any warranty claims for any defective equipment Provide daily report of task completion to include asset number and serial number of assets deployed and removed from installation locations Abide by all facility rules and regulations related to access, safety, etc. DELIVERY, INSTALLATION, AND IMPLEMENTATION DELIVERY Contractor shall deliver all equipment to the basement (BA-200) in the Michael E. DeBakey VA Medical Center, 2002 Holcombe Blvd. Houston, TX 77030. Deliver materials to job in manufacturer's original sealed containers with brand name marked thereon. Package to prevent damage or deterioration during shipment, handling, storage, and installation. Maintain protective covering in place and in good repair until removal is necessary. Deliver specified items only when the site is ready for installation work to proceed. Store products in dry condition inside enclosed facilities. Any government requested delayed delivery up to 120 days after initial award delivery date, shall be at no additional cost to the Government. A pre-delivery meeting will be conducted 30 days prior to initial delivery for verification of delivery and installation dates. Delivery and Installation will be coordinated through the COR. INSTALLATION AND IMPLEMENTATION The contractor shall provide installation and implementation project management to include site visits for each building to confirm physical installation of the system. Contractors shall provide a final project schedule within 10 days of kick off meeting. The contractor shall be responsible for all equipment until installed and accepted by the Government. All required equipment shall be fully installed by the Contractor The Contractor shall remove all related shipping debris and cleanup, any construction associated with delivery and installation of the specified items. Contractor shall remove all packaging from the MEDVAMC premises. The Contractor shall be responsible for any damage to the building that occurs due to Contractor error or neglect. The contractor shall coordinate all deliveries, staging areas, installations, and parking arrangements with the COR. Upon coordination with COR for installation, the contractor shall inform the Contracting Officer of any problems which may be anticipated about installation or which will affect optimum performance once installation is completed. SITE CONDITIONS There shall be no smoking, eating, or drinking inside the hospital at any time unless done so in designated dining areas. PERIOD OF PERFORMANCE: The anticipated Period of Performance for overall project is not to exceed 180 days from award. The anticipated period of performance for support services from the warranty is at a minimum 1 year from acceptance. Support services begin when physical installation and final implementation of all buildings are complete. Option Year dates will start from warranty end date. INSPECTION AND ACCEPTANCE The Contractor shall conduct a joint inspection with the COR once all equipment had been delivered and installed. The COR shall inspect all phases of delivery and installation and provide a punch list of all missing or damaged products. Contractor shall provide dates of completion of punch list items and replacement parts and/or short ship items from the manufacturer(s). The COR shall ensure all work is completed satisfactorily prior to acceptance. Disputes shall be resolved by the Contracting Officer. DELIVERABLES Serial numbers of TVs in advance of arrival to delivery Facility may request phased shipment if storage space is not available for all 325 TVs and mounts at one time Installation plan Progress reports until completion User and Service Manuals PROTECTION OF PROPERTY Contractor shall protect all items from damage. The Contractor shall take precaution against damage to the building(s), grounds and furnishings. The Contractor shall repair or replace any items related to building(s) or grounds damaged accidentally or on purpose due to actions by the Contractor. The Contractor shall perform an inspection of the building(s) and grounds with the COR prior to commencing work. To ensure that the Contractor shall be able to repair or replace any items, components, building(s) or grounds damaged due to negligence and/or actions taken by the Contractor. The source of all repairs beyond simple surface cleaning is the facility construction contractor (or appropriate subcontractor), so that building warranty is maintained. Concurrence from the VA Facilities Management POC and COR is required before the Contractor may perform any significant repair work. In all cases, repairs shall utilize materials of the same quality, size, texture, grade, and color to match adjacent existing work. The Contractor shall be responsible for security of the areas in which the work is being performed prior to completion. Contractor shall provide floor protection while working in all VA facilities. All material handling equipment shall have rubber wheels. PERFORMANCE REQUIREMENTS SUMMARY The Contractor shall provide a proposed Performance Requirements Summary (PRS) for review and approval. SECURITY REQUIREMENTS Contractor is responsible for notifying COR for escorting duties prior to arriving at the facility. Contractor personnel shall check in with Biomed located in BA-200 upon arrival and departure each day. All contractor personnel must provide one form of valid picture identification at the time of check-in to receive a visitor s badge. Badges must always be worn above the waist and visible while on the jobsite. All contractor personnel will always be accompanied by a cleared member of the contractor (PIV cardholder) or MEDVAMC representative while on the jobsite. All contractor personnel must turn-in their badges at the end of each day. Contractor is responsible for notifying COR for vehicle parking prior to arriving at the facility. All contractor personnel must provide vehicle insurance, registration, and valid driver s license at the time of check-in to receive a vehicle-parking pass. Vehicle parking passes must always be displayed on the front dashboard of the registered vehicle while on MEDVAMC property. Contractor personnel will be allowed to register up to five (5) vehicles only. All contractor personal vehicles will be allowed to park in the designated vehicle parking spaces in the parking lot as advised by the VA Police upon registering the vehicle. All contractor personnel must turn-in their vehicle parking passes at the end of each day. If the vendor requires a key, a $100 deposit will be required per key. Information System Security/Privacy Language: See Below. No data, on any type of storage device will be removed from this VA location. Information technology security requirements: The contractor, their personnel, and their subcontractors shall be subject to the Federal laws, regulations, standards, and VA Directives and Handbooks regarding information and information system security as delineated in this contract. The contractor shall comply with all Federal laws and regulations the VA has developed when VA sensitive information is accessed, used, stored, generated, transmitted, or exchanged by and between VA and a contractor. The information made available to the contractor by VA for the performance of this contract will be used only for the purposes of performance under this contract. The certification and accreditation requirements do not apply to this requirement and a security accreditation package is not required. SECURITY STATEMENT: Sensitive VA information is not contained within the systems covered by this contract. Biomedical Engineering shall perform virus scans on all removable media prior to use on VA medical equipment. This includes all types of removable media, including media (e.g., USB devices, CDs, dongles, etc.) that has been issued by VA, media not issued by VA, and media brought in by vendors or independent service organizations. Within accordance of VA Directive 6500, Information Security Program, September 2007 The Vendor will not transfer any VA information to a location outside the VA and only to VA locations determined by the VA System Administrator. The information in these systems may be covered by the Privacy Act 1974 which contains criminal penalties of abuse of information. During onsite service, the Vendor shall be chaperoned by VA Personnel. However, the vendor shall not be issued a UserID/Password. Non-volatile memory devices, working or non-working, shall NOT be removed from the VA facility until the ISO has certified that the data has been destroyed. For magnetic devices and media, the data destruction will be by degaussing. Other forms of cleansing will be used for non-magnetic media. The vendor will not have remote access to complete the repair(s) and preventive maintenance. The vendor shall sign a Business Associate Agreement with the VA. The COR or designee is responsible for the actions of the vendor during the repair. RECORDS MANAGEMENT STATEMENT All records (administrative and program specific) created during the period of the contract belong to Michael E. Debakey VA Medical Center (MEDVAMC) and must be returned to MEDVAMC at the end of the contract or destroyed in accordance to the VHA Record Control Schedule (RCS)10-1. Citations to pertinent laws, codes, and regulations such as 44 U.S.C Chapter 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract or identified in the RCS 10-1. The Government Agency owns the rights to all data/records produced as part of this contract. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.]. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules. Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under or relating to this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information. Proposed CLIN Structure: CLIN Item Number Description Qty Price Ext. Price Billing Headend unit 1 DirecTV 96 Channel Com3000 with installation. Configured for IP and RF distribution 1 Upon Installation 2 MS125-48 Cisco Meraki MS125 switch with 5Yr license (LIC-MS125-48-5Y) 1 Upon Delivery 3 MS425-32 Meraki aggregation switch with 5 Yr. license (LIC-MS425-32-5Y) 1 Upon Delivery End Point terminal/cabling 4 MS125-24 Cisco Meraki MS125 switch with 5Yr license (LIC-MS125-24-5Y) 25 Upon Delivery 5 10 GbE SFP+ SR Fiber Transceiver 10 GbE SFP+ SR Fiber Transceiver 50 Upon Delivery 6 Cat6 cable runs 250 Upon Installation 7 Relocate/Reterminate Cat5e runs 325 Upon Installation A.1 CONTRACT ADMINISTRATION DATA 1. Contract Administration: All contract administration matters will be handled by the following individuals: a. CONTRACTOR: b. GOVERNMENT: Kever L. Swafford, Contracting Officer 36C256 Department of Veterans Affairs Network Contracting Office 16 Michael E. DeBakey VA Medical Center 2002 Holcombe BLVD Houston TX 77030 4298 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] Upon completion of Government contract 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. FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489-6135 invoice must be submitted electronically ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows: AMENDMENT NO DATE A.2 PRICE/COST SCHEDULE SECTION C - CONTRACT CLAUSES C.1 52.212-4 CONTRACT TERMS AND CONDITIONS COMMERCIAL ITEMS (OCT 2018) (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 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 people 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. To 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 points 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 32.608-2 of the Federal Acquisition Regulation 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 all 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. 2409 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 appl...
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