Loren Data's SAM Daily™

SAMDAILY.US - ISSUE OF DECEMBER 12, 2021 SAM #7316
SOLICITATION NOTICE

65 -- ORTHO Hand Set

Notice Date

12/10/2021 11:28:29 AM
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

339112 — Surgical and Medical Instrument Manufacturing
 

Contracting Office

262-NETWORK CONTRACT OFFICE 22L (36C262) LONG BEACH CA 90815 USA
 

ZIP Code

90815
 

Solicitation Number

36C26222Q0145
 

Response Due

12/16/2021 1:00:00 PM
 

Archive Date

01/15/2022
 

Point of Contact

Carlo Manuel, CARLO.MANUEL@VA.GOV, Phone: 562-503-7111
 

E-Mail Address

carlo.manuel@va.gov
(carlo.manuel@va.gov)
 

Small Business Set-Aside

SBA Total Small Business Set-Aside (FAR 19.5)
 

Awardee

null
 

Description

(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 36C26222Q0145 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) This solicitation is set aside for all Small Business using NAICS Code 339112 having a size standard of 1000 employees. (v) Product Information: PRODUCT # DESCRIPTION Quantity A-6602.001 Instrument Tray for APTUS Radius, lower 1 A-6602.002 Instrument Tray for APTUS Radius, upper 1 A-6602.012 Implant Case APTUS Radius Plates 1 A-6602.013 Implant Case APTUS Radius Plates 1 A-6602.018 Implant Case APTUS Radius Plates 1 A-6602.035 Implant Case APTUS Radius Screws 1 M-6706 Lid f. Implant and Instr.Case 120x240mm 4 A-3830 2.5 Countersink for Cortical Screws, AO 1 A-2026 2.5/2.8 Drill Guide, TriLock Plus 1 A-2047 2.0-2.8 Plate Bending Pliers, with Pins 2 A-2060 Plate & Screw Holding Forceps, Angled 1 A-2310 1.2/1.5 Screwdriver, HD4, Self-Holding 1 A-2073 Cannulated Handle w/ Quick Connector,AO 2 A-2013 2.5/2.8 Screwdriver Blade, HD7, AO 4 M-6706 Lid f. Implant and Instr.Case 120x240mm 1 A-6602.017 Implant Case APTUS Radius Plates 1 A-6602.009 Instrument Case APTUS Radius 1 M-6707 Lid f. Implant and Instr.Case 240x240mm 1 A-6517 5/5 Case Effective Height 96mm 1 A-6501 Lid for 5/5 Case 1 A-6601.007 Instrument Tray APTUS Foot 1 A-6601.009 Instrument Case APTUS Foot 1 M-6706 Lid f. Implant and Instr.Case 120x240mm 1 A-2015 2.5/2.8 Sleeve for Screwdriver Blade HD7 2 A-2721 2.5 Drill Guide for Lag Screws 1 A-2722 2.5 Drill Guide, Scaled 1 A-2726 2.5 Drill Sleeve, Self-Holding 1 A-2727.01 Drill Guide Block Narrow ADAPTIVE II, L 1 A-2727.02 Drill Guide Block Narrow ADAPTIVE II, R 1 A-2727.03 Drill Guide Block ADAPTIVE II, Left 1 A-2727.04 Drill Guide Block ADAPTIVE II, Right 1 A-2727.05 Drill Guide Block Wide ADAPTIVE II, L 1 A-2727.06 Drill Guide Block Wide ADAPTIVE II, R 1 A-2727.13 Drill Guide Block FPL, Left 1 A-2727.14 Drill Guide Block FPL, Right 1 A-2730 2.5 Depth Gauge 1 A-2750 2.5 Plate Holding & Positioning Instr. 1 A-2794 2.5 Instr. for Restoration of Volar Tilt 1 A-6010.16 K-Wire Dispenser ""Ø1.6"", 185mm 1 A-7006 Bone Elevator Mini-Hohmann, 8x160mm 2 A-7007 Periosteal Elevator, 6x185mm 1 A-7009 Hook ""Tönnis"", 150mm 1 A-7012 Bone Holding Forceps, 140mm 1 A-7013 Wound Retractor Mini-Langenbeck, 20x6mm 2 A-2045 2.0-3.5 Plate Cutting Pliers 1 A-6010.12 K-Wire Dispenser ""Ø1.2"", 185mm 0.5 A-5700.08/1 2.5 Cortical Screw 08mm, HD7, 1/Pkg 5 A-5700.10/1 2.5 Cortical Screw 10mm, HD7, 1/Pkg 5 A-5700.11/1 2.5 Cortical Screw 11mm, HD7, 1/Pkg 5 A-5700.12/1 2.5 Cortical Screw 12mm, HD7, 1/Pkg 5 A-5700.13/1 2.5 Cortical Screw 13mm, HD7, 1/Pkg 5 A-5700.14/1 2.5 Cortical Screw 14mm, HD7, 1/Pkg 5 A-5700.15/1 2.5 Cortical Screw 15mm, HD7, 1/Pkg 5 A-5700.16/1 2.5 Cortical Screw 16mm, HD7, 1/Pkg 5 A-5700.18/1 2.5 Cortical Screw 18mm, HD7, 1/Pkg 5 A-5700.20/1 2.5 Cortical Screw 20mm, HD7, 1/Pkg 5 A-5700.22/1 2.5 Cortical Screw 22mm, HD7, 1/Pkg 5 A-5700.24/1 2.5 Cortical Screw 24mm, HD7, 1/Pkg 5 A-5700.26/1 2.5 Cortical Screw 26mm, HD7, 1/Pkg 5 A-5700.28/1 2.5 Cortical Screw 28mm, HD7, 1/Pkg 5 A-5700.30/1 2.5 Cortical Screw 30mm, HD7, 1/Pkg 5 A-5700.32/1 2.5 Cortical Screw 32mm, HD7, 1/Pkg 5 A-5700.34/1 2.5 Cortical Screw 34mm, HD7, 1/Pkg 5 A-3731 Twist Drill Ø2.6mm x 10mm, L61mm, AO 1 A-3733 Twist Drill Ø2.0mm x 40mm, L91mm, AO 2 A-5040.41/1 1.6 K-Wire, Trocar, 150mm, 1/Pkg 5 A-4200.40 1.5 Hook Plate 2 Hole, 2 Hooks, t0.6 1 A-4200.41 1.5 Hook Plate 4 Hole, 4 Hooks, t0.6 1 A-4750.101 2.5 ADAPTIVE II TriLock DistRad.Pl Vol L 2 A-4750.102 2.5 ADAPTIVE II TriLock DistRad.Pl Vol R 2 A-4750.103 2.5 ADAPTIVE II TriLock DistRad.Pl Vol L 1 A-4750.104 2.5 ADAPTIVE II TriLock DistRad.Pl Vol R 2 A-4750.105 2.5 ADAPTIVE II TriLock DistRad.Pl Vol L 2 A-4750.106 2.5 ADAPTIVE II TriLock DistRad.Pl Vol R 1 A-4750.107 2.5 ADAPTIVE II TriLock DistRad.Pl Vol L 1 A-4750.108 2.5 ADAPTIVE II TriLock DistRad.Pl Vol R 2 A-4750.109 2.5 ADAPTIVE II TriLock DistRad.Pl Vol L 2 A-4750.110 2.5 ADAPTIVE II TriLock DistRad.Pl Vol R 1 A-4750.111 2.5 ADAPTIVE II TriLock DistRad.Pl Vol L 1 A-4750.112 2.5 ADAPTIVE II TriLock DistRad.Pl Vol R 1 A-4750.123 2.5 TriLock Dist.Rad.FPL.Pl Volar Left 1 A-4750.124 2.5 TriLock Dist.Rad.FPL.Pl Volar Right 1 A-4750.125 2.5 TriLock Dist.Rad.FPL.Pl Volar Left 1 A-4750.126 2.5 TriLock Dist.Rad.FPL.Pl Volar Right 1 A-4750.131 2.5 TriLock Dist.Rad. SmallFragmentPlate 1 A-4750.132 2.5 TriLock Dist.Rad. SmallFragmentPlate 1 A-4750.133 2.5 TriLock Dist.Rad. SmallFragmentPlate 1 A-4750.134 2.5 TriLock Dist.Rad. SmallFragmentPlate 1 A-4750.135 2.5 TriLock Dist.Rad. SmallFragmentPlate 1 A-4750.17 2.5 TriLock Dist.Rad.Corr.Pl Volar Left 12 Hole, Narrow, t1.6 1 A-4750.18 2.5 TriLock Dist.Rad.Corr.Pl Volar Right 12 Hole, Narrow, t1.6 1 A-4750.19 2.5 TriLock Dist.Rad.Corr.Pl Volar Left 13 Hole, Narrow, Long, t1.6 1 A-4750.20 2.5 TriLock Dist.Rad.Corr.Pl Volar Right 13 Hole, Narrow, Long, t1.6 1 A-4750.31 2.5 TriLock Dist.Rad.Fract.Pl Volar Left 10 Hole, Narrow, Short, t1.6 1 A-4750.32 2.5TriLock Dist.Rad.Fract.Pl Volar Right 10 Hole, Narrow, Short, t1.6 1 A-4750.57 2.5 TriLock Dist.Rad. SmallFragmentPlate 5 Hole, Curved Left, t1.6 1 A-4750.58 2.5 TriLock Dist.Rad. SmallFragmentPlate 5 Hole, Curved Right, t1.6 1 A-4750.91 2.5 TriLock Plate 2/5 Hole Y, t1.6 1 A-4750.92 2.5 TriLock Plate 2/8 Hole Y, t1.6 1 A-5210.08/1 1.5 SpeedTip Screw 08mm, HD4, 1/Pkg 4 A-5210.10/1 1.5 SpeedTip Screw 10mm, HD4, 1/Pkg 4 A-5210.12/1 1.5 SpeedTip Screw 12mm, HD4, 1/Pkg 4 A-5210.14/1 1.5 SpeedTip Screw 14mm, HD4, 1/Pkg 4 A-5755.14/1 2.5 TriLock Express Screw 14mm,HD7,1/Pkg 4 A-5755.16/1 2.5 TriLock Express Screw 16mm,HD7,1/Pkg 4 A-5755.18/1 2.5 TriLock Express Screw 18mm,HD7,1/Pkg 4 A-5755.20/1 2.5 TriLock Express Screw 20mm,HD7,1/Pkg 4 A-5755.22/1 2.5 TriLock Express Screw 22mm,HD7,1/Pkg 4 A-5755.24/1 2.5 TriLock Express Screw 24mm,HD7,1/Pkg 4 A-5750.08/1 2.5 TriLock Screw 08mm, HD7, 1/Pkg 5 A-5750.10/1 2.5 TriLock Screw 10mm, HD7, 1/Pkg 5 A-5750.12/1 2.5 TriLock Screw 12mm, HD7, 1/Pkg 5 A-5750.14/1 2.5 TriLock Screw 14mm, HD7, 1/Pkg 10 A-5750.16/1 2.5 TriLock Screw 16mm, HD7, 1/Pkg 10 A-5750.18/1 2.5 TriLock Screw 18mm, HD7, 1/Pkg 10 A-5750.20/1 2.5 TriLock Screw 20mm, HD7, 1/Pkg 10 A-5750.22/1 2.5 TriLock Screw 22mm, HD7, 1/Pkg 10 A-5750.24/1 2.5 TriLock Screw 24mm, HD7, 1/Pkg 5 A-5750.26/1 2.5 TriLock Screw 26mm, HD7, 1/Pkg 5 A-5750.28/1 2.5 TriLock Screw 28mm, HD7, 1/Pkg 5 A-5750.30/1 2.5 TriLock Screw 30mm, HD7, 1/Pkg 5 A-5750.32/1 2.5 TriLock Screw 32mm, HD7, 1/Pkg 5 A-5750.34/1 2.5 TriLock Screw 34mm, HD7, 1/Pkg 5 A-4750.191S 2.5 TriLock Wrist Spanning Pl. Dorsal L 11 Hole, t1.6-3.4 1 A-4750.192S 2.5 TriLock Wrist Spanning Pl. Dorsal R 11 Hole, t1.6-3.4 1 A-4750.193S 2.5 TriLock Wr.SpanningPl Dors. Straight 11 Hole, t1.6-3.4 1 A-4750.41 2.5 TriLock Dist.Rad.FramePl Dorsal Left 18 Hole, Narrow, t1.6 1 A-4750.42 2.5TriLock Dist.Rad.FramePl Dorsal Right 18 Hole, Narrow, t1.6 1 A-4750.43 2.5 TriLock Dist.Rad.FramePl Dorsal Left 20 Hole, t1.6 1 A-4750.44 2.5TriLock Dist.Rad.FramePl Dorsal Right 20 Hole, t1.6 1 A-5045.41/1 1.6 K-Wire, 60mm, Olive 10mm, 1/Pkg 4 A-5045.42/1 1.6 K-Wire, 65mm, Olive 15mm, 1/Pkg 4 A-5045.43/1 1.6 K-Wire, 70mm, Olive 20mm, 1/Pkg 4 A-5045.44/1 1.6 K-Wire, 75mm, Olive 25mm, 1/Pkg 4 A-5045.45/1 1.6 K-Wire, 80mm, Olive 30mm, 1/Pkg 4 A-5045.46/1 1.6 K-Wire, 85mm, Olive 35mm, 1/Pkg 4 A-5040.21/1 1.2 K-Wire, Trocar, 150mm, 1/Pkg 10 Manufacture is: Medartis (vi) The US Government, Veterans Affairs (VA) seeks to make a procurement for ORTHO Hand instrument trays for the VA Greater Los Angeles Healthcare System. Offeror quotations must demonstrate meeting the salient physical, functional, or performance characteristic specified in this solicitation, otherwise it 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 identified provided 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 provide the brand name or equal to supplies being requested. Salient Characteristics The ortho hand/wrist set must include radius/dorsal /volar plates, gauges, positioners, screws, blades, and wires which are specific for the right and left hands. It must provide treatment options to the widest array of varying patient anatomies (large/small, thin/wide, brittle/strong, etc.). Components must be made from titanium materials with varying lengths, widths, thicknesses. The screw heads must be flush with the plates for soft tissue protection. Screws must provide free flowing and locking capabilities (+/- 15 degrees in all directions) for the screws in the plate and allow for intraoperative fine tuning. The items must provide wires for holding anatomical areas in place. The items must come in specifically designed trays that facilitate identification and sterilization while limiting mobility in order to prevent unnecessary shortages/loss. The information identified above is intended to be descriptive, not restrictive and to indicate the quality of the supplies/services that will be satisfactory. (vii) Delivery Requirements: Place of Delivery VA Greater Los Angeles Healthcare System | 11301 Wilshire Blvd | Los Angeles CA, 90073 Period of Performance/Delivery Timeframe: Deliver items 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 Thursday, December 2, 2021, 1:00 PM PST. Ensure to reference solicitation number 36C26222Q0145 within 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. Any questions regarding this solicitation must be received electronically through email no later than Wednesday, December 1, 2021 before 1:00 PM PST. Offers shall be sent by email to Carlo Manuel at Carlo.manuel@va.gov . For additional support, contact Won Chae at Won.Chae@va.gov. (ix) The provision at FAR 52.212-2, Evaluation -- Commercial Items (Oct 2014), 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: Lowest priced quotation that meets all salient characteristics that is 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 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 or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of Provision) AUTHORIZED DISTRIBUTOR LETTER (ADL) Any suppliers, distributors and/or resellers who participate in this solicitation, must be authorized to provide the supplies 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 of the manufacturer s products. This letter must be on the manufacturer s letterhead and contain the signature of an authorized official for the manufacturer. (x) Must include a completed copy of the provision at 52.212-3 -- Offeror Representations and Certifications -- Commercial Items, with this solicitation or ensure SAM.gov is updated with current information. (xi) The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition. 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 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 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 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. 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 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 Items, applies to this acquisition. 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS COMMERCIAL ITEMS (JUN 2020) (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 items: (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 (Jul 2018) (Section 1634 of Pub. L. 115 91). (3) 52.204 25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (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 items: [] (1) 52.203 6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). [] (2) 52.203 13, Contractor Code of Business Ethics and Conduct (JUN 2020) (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.) [] (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). [] (8) 52.209 6, Protecting the Government s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note). [] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313). [] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a). [] (ii) Alternate I (MAR 2020) of 52.219-3. [X] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concern...
 

Web Link

SAM.gov Permalink
(https://beta.sam.gov/opp/57ad90436af6401aa8e4d92c3b0ff772/view)
 

Place of Performance

Address: DEPARTMENT OF VETERANS AFFAIRS VA GREATER LOS ANGELES HEALTHCARE SYSTEM 11301 WILSHIRE BLVD, LOS ANGELES 90073

Zip Code: 90073
 

Record

SN06195895-F 20211212/211210230111 (samdaily.us)
 

Source

SAM.gov Link to This Notice
(may not be valid after Archive Date)

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