Loren Data's SAM Daily™

SAMDAILY.US - ISSUE OF JULY 23, 2023 SAM #7908
SOLICITATION NOTICE

65 -- Dental Equipment

Notice Date

7/21/2023 10:31:33 AM
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

339112 — Surgical and Medical Instrument Manufacturing
 

Contracting Office

262-NETWORK CONTRACT OFFICE 22 (36C262) Gilbert AZ 85297 USA
 

ZIP Code

85297
 

Solicitation Number

36C26223Q1473
 

Response Due

7/27/2023 11:00:00 AM
 

Archive Date

09/25/2023
 

Point of Contact

John Harrison, Contract Specialist, Phone: 562-766-2267
 

E-Mail Address

john.harrison2@va.gov
(john.harrison2@va.gov)
 

Small Business Set-Aside

SDVOSBC Service-Disabled Veteran-Owned Small Business (SDVOSB) Set-Aside (FAR 19.14)
 

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 36C26223Q1473 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 Service-Disabled Veteran-Owned Small Businesses (SDVOSB) using NAICS Code 339112 having a size standard of 1000 employees. This solicitation is for a brand name or equal. FORMATTING: Quotes shall provide the following information: Quotes shall be submitted on company letterhead as a single document. No other documents or information shall be attached to the quote. Company Name: Address: Phone Number: Point of Contact: Name: Email: Phone Number: Company Unique Entity ID (Found at SAM.GOV) Company Business Size (Large, SDVOSB, Small, etc.) Estimated Delivery date/time frame. (v) Product Information: 10-130-03 1 ITEM ID NO. 22888 SCAPEL #3 HANDLE 145 EA (BARD-PARKER) PKG: 1 per EA 10-130-70 2 ITEM ID NO. 68000 MINI SCALPEL BLADE 95 EA HOLDER #7 PKG: 1 per EA APF2 3 ITEM ID NO. 45886 FORCEP-PAPER 650 EA ARTICULATING PKG: 1 per EA BB216 4 ITEM ID NO. 22524 CONE BURNISHER-DE 295 EA 21 #6 HANDLE SATIN STEEL PKG: 1 per EA BB27/297 5 ITEM ID NO. 22525 BURNISHER-DE 27/29 295 EA #7 HANDLE DENTAL PKG: 1 per EA CBFL112 6 ITEM ID NO. 64794 CHISEL SURGICAL 6 10 EA 6.3MM BUSER STAINLESS STEEL 2 BEVEL TIP BONE PKG: 1 per EA CD3/66 7 ITEM ID NO. 22547 CARVER-CLEOID 295 EA DISCOID 3/6 DE #6 HANDLE PKG: 1 per EA CD4/56 8 ITEM ID NO. 22548 CARVER, 295 EA CLEOID-DISCOID 4/5 DE #6 SATIN STEEL HANDLE AMALGAM PKG: 1 per EA CG1 9 ITEM ID NO. 64795 CHISEL SURGICAL 10 EA 3MM 1 GARDNER STAINLESS STEEL 1 BEVEL TIP PKG: 1 per EA CL846 10 ITEM ID NO. 63476 #84 LUCAS DE 95 EA SURGICAL CURETTE #6 HANDLE PKG: 1 per EA CLP2 11 ITEM ID NO. 64804 IWANSON SPRING 10 EA CALIPER WAX PKG: 1 per EA CLR6 12 ITEM ID NO. 63474 RULER, MEDICAL 6"" 95 EA STAINLESS STEEL PKG: 1 per EA CP3/46 13 ITEM ID NO. 68005 3/4DE WEDEL 295 EA CHISEL 11.5-15-3 SATIN STEEL PKG: 1 per EA CP8/9 14 ITEM ID NO. 32742 CHISEL-DE 8/9 295 EA BINANGLE (20-9-8) DENTAL PKG: 1 per EA CP8/9H 15 ITEM ID NO. 68006 #8/9H DE HATCHET 295 EA (10-7-14) PKG: 1 per EA CRM 16 ITEM ID NO. 45791 RETRACTOR U, OF 145 EA MINNESOTA PKG: 1 per EA CS246 17 ITEM ID NO. 47163 CEMENT-BONE, 395 EA SPATULA #24 STAIN STEEL #6 HANDLE PKG: 1 per EA CVHL1/26 18 ITEM ID NO. 23417 CARVER-HOLLENBACK 295 EA 1/2 DE #6 HANDLE PKG: 1 per EA DP2 19 ITEM ID NO. 45870 PLIERS #2 95 EA Dressing (College) PKG: 1 per EA DPU17 20 ITEM ID NO. 53548 PLIERS, DRESSING 650 EA UTILITY PICK UP PKG: 1 per EA EPL1 21 ITEM ID NO. 38478 95 EA DENTAL-PLIER-COTTON,ENDO-LOCK-EPL1 PKG: 1 per EA EXC17W 22 ITEM ID NO. 22711 EXCAVATOR-SPOON 295 EA #17W DOUBLE ENDED PKG: 1 per EA EXC19W6 23 ITEM ID NO. 68010 EXCAVATOR #19W DE 295 EA EXCAVATOR SATIN STEEL PKG: 1 per EA EXC32L6 24 ITEM ID NO. 47166 ENDODONTIC EXC 95 EA #32L DE,SATIN STEEL PKG: 1 per EA EXC33L6 25 ITEM ID NO. 63478 #33L DE 95 EA ENDODONITC EXCAVATOR 6 SATIN STEEL PKG: 1 per EA EXD11/126 26 ITEM ID NO. 46339 350 EA EXPLORER,DENTAL,#11/12,SATIN,DOUBLE ENDED,#6 SATIN STEEL HANDLE PKG: 1 per EA EXD56 27 ITEM ID NO. 45827 EXPLORER,#5 DE 1000 EA Explorer, Satin Steel PKG: 1 per EA EXDG166 28 ITEM ID NO. 47167 ENDO DE EXPLORER 95 EA #DE 16,STAIN STEEL PKG: 1 per EA FH3/76 29 ITEM ID NO. 63475 95 EA SCALER,DENTAL,3/76,HIRSCHFELDFILE, DOUBLE ENDED,# 6 HANDLE,SATIN STEEL PKG: 1 per EA FS9/10S 30 ITEM ID NO. 64796 FILE DENTAL 9/10 30 EA 523 SCHLUGER 2 END OCTAGON HANDLE PKG: 1 per EA GCP113NS 31 ITEM ID NO. 68088 #113 GINGIVAL 295 EA CORD PACKER, NON-SERR PKG: 1 per EA GK7 32 ITEM ID NO. 22933 KNIFE-GOLD 46 SE 295 EA BLACK FOIL 7 PKG: 1 per EA H2 33 ITEM ID NO. 45888 HEMOSTAT,#2 295 EA KELLY,CURVED PKG: 1 per EA IMS-1273 34 ITEM ID NO. 47084 IMS CASSETTE 1095 EA PARTS BOX 3.5""x1.25""x1"" LARGE PKG: 1 per EA IMS-1378 35 ITEM ID NO. 63487 SIG SERIES BAR 1195 EA CODE PLATE ASSEMBLY PKG: 1 per EA (CONTRACT # MAL1 36 ITEM ID NO. 68102 IMMUNITY MALLET 1 15 EA MEAD 7-1/2 W/NYLON FACNG PKG: 1 per EA MAR-SAC1 37 ITEM ID NO. 63480 #1 ABOU-RASS 95 EA STRAIGHT APICAL CONDENSER PKG: 1 per EA MCBUM 38 ITEM ID NO. 63479 UNIVERSAL 95 EA MICRO-CONDENSER/BURNISHER, MEDIUM PKG: 1 per EA MH6 39 ITEM ID NO. 45824 HANDLE,CONE 1195 EA SOCKET MIRROR,MH6,#6,SATIN STEEL PKG: 1 per EA MIR5DSHD6 40 ITEM ID NO. 68113 MIRROR DENTAL #5 286 PG CONE 2 SIDE HIGH-DEFINITION SCRATCH RESISTANT SIX PACK PKG: 6 per PG MM7 41 ITEM ID NO. 63482 MICRO MIRROR 7mm 95 EA X 2mm ROUND PKG: 1 per EA MM8 42 ITEM ID NO. 63483 MICRO MIRROR 9mm 95 EA X 3mm ROUND PKG: 1 per EA MP52 43 ITEM ID NO. 46804 PROP-MOUTH CHILD 148 PG MARKEL DENTAL PKG: 2 per PG MT26 44 ITEM ID NO. 45872 TRIMMER-MARGIN 26 295 EA DE (13-95-8-14) #7 HANDLE PKG: 1 per EA MT267 45 ITEM ID NO. 68120 #26 MARGIN TRIM, 295 EA #7 HDL (13-95-8-14) PKG: 1 per EA NH5024R 46 ITEM ID NO. 52622 145 EA CASTROVIEJO,NEEDLE,HOLDER 7"",STRAIGHT,NH5024R PKG: 1 per EA P9 47 ITEM ID NO. 22889 95 EA ELEVATOR-PERIOSTEAL MOLT P9 PKG: 1 per EA P9X 48 ITEM ID NO. 64797 ELEVATOR DENTAL 30 EA BLACK MOLT 9X PERIOSTEAL PKG: 1 per EA PCP126 49 ITEM ID NO. 22685 PERIO PROBE 195 EA 3-6-9-12 QULIX, BLACK (IMF #22685) PKG: 1 per EA PCPUNC126 50 ITEM ID NO. 53540 PROBE 6 CP12 SE 650 EA CC UNC 1-12, #6 HANDLE, SATON STEEL BLACK PKG: 1 per EA PCPUNC156 51 ITEM ID NO. 45836 PROBE-PERIO CC SE 350 EA UNC 1-15 SATIN STEEL #6 HANDLE PKG: 1 per EA PFI8ABK6 52 ITEM ID NO. 63485 KHAYAT ENDODONTIC 95 EA FILLER PKG: 1 per EA PFIWDS1 53 ITEM ID NO. 64798 25 EA INSTRUMENT,FILLING,COMPOSITE, DOUBLE ENDED WOODSON SZ-1 STANDARD HANDLE NON-STERILE PKG: 1 per EA PICH6 54 ITEM ID NO. 64799 INSTRUMENT 295 EA PLACEMENT 6 SATIN STEEL CALCIUM HYDROXIDE HANDLE PKG: 1 per EA PLGH16 55 ITEM ID NO. 68121 #1 HOLLENBACK 295 EA PLUGGER SATIN STEEL PKG: 1 per EA PLGH26 56 ITEM ID NO. 68122 PLUGGER MATERIAL 295 EA HANDLE 6 #2 SATIN STEEL HOLLENBACK 2-2.7MM PKG: 1 per EA PLGRF1 57 ITEM ID NO. 63484 #1 RETRP FILLING 95 EA DE PLUGGER PKG: 1 per EA PPR3 58 ITEM ID NO. 22903 95 EA ELEVATOR-PERIOSTEAL PRICHARD PR-3 PKG: 1 per EA PPR3X 59 ITEM ID NO. 45792 PR-3 PRICHARD 30 EA PERIOSTEAL BLACK LINE ELEVATOR PKG: 1 per EA PQ2N6 60 ITEM ID NO. 45837 PROBE-NABERS 805 EA PERIO CC #2 3-6-9-12 SATIN STEEL #6 HANDLE PKG: 1 per EA R4A 61 ITEM ID NO. 64800 RONGEUR 6.75IN 4A 20 EA CLEVELAND SURGICAL PKG: 1 per EA RBL90 62 ITEM ID NO. 64801 90 BLUMENTHAL 20 EA RONGEURS PKG: 1 per EA RF 63 ITEM ID NO. 64802 FRIEDMAN RONGEURS 20 EA PKG: 1 per EA S1 64 ITEM ID NO. 45835 SCISSORS,CURVED 80 EA KELLY,#1 PKG: 1 per EA S12 65 ITEM ID NO. 64805 #12 LOCKLIN 50 EA SCISSORS PKG: 1 per EA S17 66 ITEM ID NO. 47123 145 EA SCISSOR,IRIS,STRAIGHT,#17 PKG: 1 per EA S18 67 ITEM ID NO. 45889 SCISSORS-IRIS 375 EA CURVED #18 PKG: 1 per EA S204SD9E2 68 ITEM ID NO. 68659 204SD DE SCALER 350 EA EE2 #9 HANDLE PKG: 1 per EA S5009 69 ITEM ID NO. 22904 SCISSORS-DEAN 50 EA PERMA SHARP 6.25 PKG: 1 per EA SAS1/2R9E2 70 ITEM ID NO. 55859 CURETTE-MINI FIVE 100 EA GRACEY 1/2 RIGID EE #9 HANDLE PKG: 1 per EA SAS11/12R9E2 71 ITEM ID NO. 55861 CURETTE-MINI FIVE 100 EA GRACEY 11/12 RIGID EE #9 HANDLE PKG: 1 per EA SAS13/14R9E2 72 ITEM ID NO. 55862 CURETTE-MINI FIVE 100 EA GRACEY 13/14 RIGID EE #9 HANDLE PKG: 1 per EA SAS5/6R9E2 73 ITEM ID NO. 55860 CURETTE-MINI FIVE 100 EA GRACEY 5/6 RIGID EE #9 HANDLE PKG: 1 per EA SC13/149E2 74 ITEM ID NO. 45838 350 EA CURETTE,DENTAL,NUMBER 13/14,DOUBLE END,COLUMBIA,EVEREDGE, REUSABLE,#9 HANDLE,STAINLESS STEEL PKG: 1 per EA SG1/2R9E2 75 ITEM ID NO. 68660 1/2R CURETTE 350 EA RIGID EE2 #9 HANDLE PKG: 1 per EA SG11/12R9E2 76 ITEM ID NO. 63465 CURRETT #11/12 350 EA GRACEY RIGED EE2 #9 HANDLE PKG: 1 per EA SG13/14R9E2 77 ITEM ID NO. 68662 13/14R CURETTE 445 EA RIGID EE2 #9 HANDLE PKG: 1 per EA SG3/4R9E2 78 ITEM ID NO. 68663 3/4R CURETTE 350 EA RIGID EE2 #9 HANDLE PKG: 1 per EA SG5/6R9E2 79 ITEM ID NO. 68664 5/6R CURETTE 350 EA RIGID EE2 #9 HANDLE PKG: 1 per EA SG7/8R9E2 80 ITEM ID NO. 68665 7/8 CURETTE RIGID 445 EA EE2 #9 HANDLE PKG: 1 per EA SH6/79E2 81 ITEM ID NO. 68666 H6/H7 DE SCALER 350 EA EE2 #9 HANDLE PKG: 1 per EA SPT31 82 ITEM ID NO. 22695 70 EA SPATULA,DENTAL,WAX,#31,STAINLESS STEEL,ROUND,NON-STERILE, REUSABLE PKG: 1 per EA SYG7/89E2 83 ITEM ID NO. 68667 YG7/8 YG CURETTE 350 EA EE2 #9 HANDLE PKG: 1 per EA SYRCW 84 ITEM ID NO. 53549 390 EA SYRINGE,DENTAL,ASPIRATING,NO TIP,1.8 ML,ANESTHETIC PKG: 1 per EA TNCIGFT4 85 ITEM ID NO. 45893 GOLDSTEIN XTS #4 295 EA FLEXI-THIN TITANIUM PKG: 1 per EA TP43 86 ITEM ID NO. 63481 TISSUE PLIERS, 95 EA #43 ADSON-BROWN STANDARD PKG: 1 per EA TP5051 87 ITEM ID NO. 64803 TISSUE PLIERS 1x2 25 EA PERMA SHARP 7"" GERALD PKG: 1 per EA WS7 88 ITEM ID NO. 45902 SPATULA #7 WAX,#7 70 EA DE WAX Spatula, PROS REMOVABLE KIT PKG: 1 per EA IMOSH228OC 89 ITEM ID NO. 68101 CASSETTE, MTOSIG 50 EA HDG OS CASS 22INST BLUE 2ORTH C6 PKG: 1 per EA IMOSH226OC 90 ITEM ID NO. 68099 CASSETTE, MTOSIG 85 EA HDG OS 22INST LVND 2ORTHO C6 PKG: 1 per EA IMOSH223OC 91 ITEM ID NO. 68097 MTO SIG HDG OS 40 EA CASS 22INST ORG 2ORTHO C6 PKG: 1 per EA IMOSH225OC 92 ITEM ID NO. 68098 CASSETTE, MTO SIG 40 EA HDG OS CASS 22INST YLW 2ORTHO C6 PKG: 1 per EA IMOSH227OC 93 ITEM ID NO. 68100 MTO SIG HDG OS 135 EA CASS 22INST BLK 2ORTH C6 PKG: 1 per EA IMOSH229OC 94 ITEM ID NO. 68140 MTO SIG HDG OS 40 EA CASS 22INST GRN 2ORTH C6 PKG: 1 per EA IM5108H 95 ITEM ID NO. 63459 SPECIAL HINGED 75 EA 5.5x8 BLUE 10-INSTRUNENT PKG: 1 per EA IM5106H 96 ITEM ID NO. 68092 SPECIAL HINGED 55 EA 5.5X8, PURPLE, 10-INSTR PKG: 1 per EA IM5103H 97 ITEM ID NO. 68090 10-INSTR HNGD 50 EA CASS, LOMA LINDA SPECIAL PKG: 1 per EA IM5105H 98 ITEM ID NO. 68091 SPECIAL 10 INST 75 EA HINGED YELLOW PKG: 1 per EA IM5107H 99 ITEM ID NO. 68093 10-INST BLACK 50 EA HINGED CASS PKG: 1 per EA IM5109H 100 ITEM ID NO. 63458 SPECIAL HINGED 50 EA 5.5x8 GREEN 10-INSTRUMENT PKG: 1 per EA IM4208H 101 ITEM ID NO. 68095 HINGED 8X11, 50 EA 20-INST, BLUE PKG: 1 per EA IM4206H 102 ITEM ID NO. 63460 20 INSTRUMENT 90 EA SIG CASS LAVENDAR HINGED PKG: 1 per EA IM4203H 103 ITEM ID NO. 63462 20 INSTRUMENT 50 EA SIG CASSETTE ORANGE HINGED PKG: 1 per EA IM4205H 104 ITEM ID NO. 63463 MTO 20 60 EA INSTRUMENT SIG SERIES HINGED CASSETTE YELLOW PKG: 1 per EA IM4207H 105 ITEM ID NO. 68089 MTO SIG SERIES 50 EA HINGED 8x11 20-INSTR,BLUE PKG: 1 per EA IM4209H 106 ITEM ID NO. 63461 20 INSTRUMENT 50 EA SIG CASSETTE GREEN HINGED PKG: 1 per EA IM6058H 107 ITEM ID NO. 64806 SPECIAL HINGED 15 EA BLUE, 5 INSTRUMENT EXAM SIG CASSETTE PKG: 1 per EA IM6056H 108 ITEM ID NO. 64807 EXAM CASSETTE 40 EA W/PERM HINGE, LAVENDAR PKG: 1 per EA IM6053H 109 ITEM ID NO. 64808 EXAM CASSETTE 10 EA W/PERM HINGE, ORANGE PKG: 1 per EA IM6055H 110 ITEM ID NO. 23320 EXAM CASSETTE 15 EA W/PERM HINGE, YELLOW PKG: 1 per EA IM6057H 111 ITEM ID NO. 64809 HINGED EXAM 10 EA CASSETTE, BLACK PKG: 1 per EA IM6059H 112 ITEM ID NO. 64810 EXAM CASSETTE 10 EA W/PERM HINGE, GREEN PKG: 1 per EA TOTAL COST_______________ * Brand Name items are listed for comparison purposes only to support the Brand Name or Equal solicitation. (vi) The US Government, Veterans Affairs (VA) seeks to make a procurement for Dental Equipment including delivery. Offeror quotations must demonstrate meeting the salient physical, functional, or performance characteristics 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. Statement of Work 1. Background. The VA Los Angeles Healthcare System has a requirement to acquire Dental Equipment. 2. Scope. The vendor is to deliver all items as required per this solicitation. 3. Place of Delivery Department of Veterans Affairs VA Los Angeles Healthcare System 11301 Wilshire Blvd Warehouse Building 297 Los Angeles, CA 90037 4. Period of Performance/Delivery Timeframe Deliver all items before October 31, 2023 (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 07/27/2023, 11:00 AM PST. Ensure to reference solicitation number 36C26223Q1473 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. All questions regarding this solicitation must be received electronically through email no later than 07/24/2023, 11:00 AM PST. Offers shall be sent by email to John Harrison at john.harrison2@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: Technical acceptability shall be established by review of each submitted quote, attachments, and/or information by the designated technical evaluator/s and verification that any brand name or equal to items"" at a minimum meet the Salient Characteristics outlined in in this solicitation. No other rating or quantitative value other than acceptable or unacceptable will be assigned. Award will be made to the offer that meets all minimum requirements and provides the lowest price. . 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 Statement of Work/salient characteristics included in this solicitation. Submissions to this solicitation must show clear, compelling and convincing evidence that equal-to items meet Statement of Work/ 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) (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. 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. 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 COMMERC...
 

Web Link

SAM.gov Permalink
(https://sam.gov/opp/da452970638747a49deb787f30c070a0/view)
 

Place of Performance

Address: Department of Veterans Affairs VA Los Angeles Healthcare System 11301 Wilshire Blvd Warehouse Building 297, Los Angeles, CA 90037
 

Record

SN06759308-F 20230723/230721230048 (samdaily.us)
 

Source

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

---

| FSG Index  |  This Issue's Index  |  Today's SAM Daily Index Page |