SOLICITATION NOTICE
65 -- Centrifuge
- Notice Date
- 1/14/2025 10:27:50 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
- 36C26225Q0352
- Response Due
- 1/26/2025 4:00:00 PM
- Archive Date
- 03/27/2025
- 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 36C26225Q0352 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. **ALL submissions SHALL Include the following statement: 605 - 36C26225Q0240 Centrifuge Quotes shall provide the following information. Quotes received without this information will be marked as non-responsive. Your quote should include the standard delivery cost for shipment of the all the items and any installation as all inclusive (if required). 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: SAM Unique Entity ID If applicable, provide your company FSS contract number Company Business Size (Large, SDVOSB, Small, etc.) Firm Delivery date/time frame. Separate documents (Required) Provide an authorized distributor/reseller letter for the items Submit your capabilities Statement (v) Product Information: Brand name Information: Manufacturer & Part Number: Sorvall LYNX 4000 Type: High-throughput Superspeed Centrifuge Possible Capabilities: Centrifuge Equal to product Information: Main component: High-throughput Superspeed Centrifuge Possible Capabilities: Centrifuge Brand name items are listed solely for a comparison for the brand name or equal Purchase Request. 75006580 1 LYNX 4000 200-240 V 50/60 HZ: Sorvall 2 EA LYNX 4000: Superspeed Centrifuge, Capacity: 4 x 1000mL, Max. RCF: 68,905 x g, Max. Speed: 24,000 rpm, Refrigerated: Yes, Superspeed centrifuge, Accel/Decel Profiles: 9 Accel, 10 Decel STARTCCEN 2 START-UP SVC COMPL. CENTR: Unity Lab 2 EA Services Start-up Service (Standing Centrifuges), Duration: 1 Day, For Use With: Floor Model Centrifuges, SpeedVacs, Warranty and Service Offering: Start-up Service. TCWCEN3 3 ULS TOTAL CARE WNTY PLN SS LC: Unity 2 EA Lab Services Total Care Warranty for Thermo Scientific SuperSpeed and Large Capacity Centrifuges, For Use With: SuperSpeed and Large Capacity Centrifuges. NC3246059 4 SERVICE TRAVEL: Vendor Catalog # 4 EA SVS-TRAVEL-ZONE 4/NEW 096145075 5 ROTOR LYNX F14-14X50CY: Thermo Scientific 1 EA Fiberlite F14-14 x 50cy Fixed-Angle Rotor, For Use With: Sorvall LYNX 6000 and 4000 superspeed centrifuges, Capacity: 14 x 50mL, Max. Speed: 14,000 rpm, Max. RCF: 33,746 x g, Carbon fiber composite, Fixed angle rotor, Angle: 34 deg., Biocontainment: Yes 75100378 6 ADPT 50 TO 15ML CONICAL 2/PK: Thermo 3 EA Scientific Fiberlite Rotor Adapters, Description: Adapter for 15mL conical tubes. 75003000 7 ROTOR LYNX BIOFLEX HC 4X1L: Thermo 1 EA Scientific BIOFlex HC Swinging-Bucket Rotor, For Use With: Sorvall LYNX 6000 and 4000 superspeed centrifuges, Capacity: 4 x 1000mL, Max. Speed: 5,500 rpm, Max. RCF: 7,068 x g, Stainless steel rotor body with aluminum buckets, Swinging bucket rotor, Angle: Horizontal, Biocontainment: Yes 75007306 8 ADAPTER TX-1000 15MLCONICALPK4: 1 EA Adapters for Thermo Scientific TX-1000 Swinging Bucket Rotor, Capacity: 96 x 15mL, For Use With: 15mL Conical Tube, Max. Tube Diameter: 17.5mm, Max. Tube Length: 121mm. 75003672 9 37 X 10 ML ADAPTER 4 PK: Thermo 1 PG Scientific 10mL Blood Collection Tubes for BIOLiner Rotor Bucket Adapters, Description: 10mL Blood Collection Tubes, No. per Pack: 4. 75003662 10 F14S-6X250 LE FIBERLITE ROTOR: 2 EA Thermo Scientific Fiberlite F14-6 x 250LE Fixed Angle Rotor, for Sorvall Legend T Plus, Multifuge 3 Plus, For Use With: Thermo Scientific Sorvall Legend T Plus and Multifuge 3 Plus Centrifuges, Capacity: 6 x 250mL, Max. Speed: 10,000 rpm, Max. RCF: 15,316 x g, Angle: 23 deg. 75101073 11 ADPT 250 TO 15ML CON 2/PK: Thermo 3 EA Scientific Fiberlite F14-6 x 250LE Rotor Adapters, Description: 15 mL Conical Tube (Set of 2). 75100136 12 ADPT 250 TO 50ML CON 2/PK: Thermo 6 EA Scientific Fiberlite F14-6 x 250LE Rotor Adapters, Description: 50mL Conical Tube (Set of 2). FREIGHT 13 FREIGHT 1 EA TOTAL COST_______________ (vi) The US Government, Veterans Affairs (VA) seeks to make a procurement for 2 Ea Centrifuge 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 Loma Linda Healthcare System has a requirement to acquire 2 Ea Centrifuge including delivery. 2. Scope. The vendor is to deliver all items as required per this solicitation. 3. Place of Delivery Department of Veterans Affairs VA Loma Linda Healthcare System 11201 Benton Street Warehouse Building 1C05 Loma Linda, CA 92357 4. Period of Performance/Delivery Timeframe Deliver all items on or before 90 Days ARO. Salient Characteristics High-throughput Superspeed Centrifuge, Rotors, and Adaptors Superspeed centrifuge Must be a high-throughput floor model Power requirements are 200-240V 50/60hz Must have maximum capacity of 4L Must produce centrifugation speed of no less than 24,000 rpm Must be able yield rotational force of no less than 68,905 X g Must be able to perform at a temperature range of 10 degree C to 40 degree C Must have a timer control that can allow 99 hours hold-time Must have capability of quick and secure changes of rotors Must use a high torque brushless drive system Must be able to perform no less than 9 acceleration and 10 deceleration profiles Must be quiet and produce no more than 60 dBA Must offer installation and training Must offer long-term warranty Rotor 1 for 4 X 1L capacity Must be a swinging-bucket rotor Must be able to be used in the above superspeed centrifuge Must be able to process 35 or more tube styles from microtubes to 1L bottles, conical tubes, microplates, tissue culture flasks, and blood bags Must be stainless steel rotor body and aluminum bucket Must be able to handle no less than 7,068 x g and no less than 5,500 rpm Must support a range of capacities and be able to accommodate adapter for 15 mL conical tube and adapter for 10 mL centrifuge tubes Adapters for Rotor 1 Must be adapter suitable for use in the above rotor. Must be adapter for use in swinging-bucket carrying 15 mL conical tubes Must be adapter for use in swinging-bucket carrying 10 mL centrifuge tubes Rotor 2 for 6 X 250 mL capacity Must be a fixed angle rotor 1 Must be able to be used in the above superspeed centrifuge Must be lightweight, fiberlite carbon fiber rotors and be corrosion- and fatigue-resistant Must support a range of capacities and be able to accommodate 250 mL centrifuge bottles or 10 mL, 15 mL, 50 mL, and 50 mL conical centrifuge tubes with corresponding adapters Must provide no less than 15 years warranty Adapters for Rotor 2 Must be adapter suitable for use in the above rotor 2. Must be adapter for use in fix-angle rotor with 250 mL capacity carrying 15 mL conical tubes Must be adapter for use in fix-angle rotor with 250 mL capacity carrying 50 mL conical tubes Superspeed centrifuge Must be a high-throughput floor model Must have maximum capacity of 4L Must produce centrifugation speed of no less than 24,000 rpm Must be able yield rotational force of no less than 68,905 X g Must be able to perform at a temperature range of 10 degree C to 40 degree C Must have a timer control that can allow 99 hours hold-time Must have capability of quick and secure changes of rotors Must use a high torque brushless drive system Must be able to perform no less than 9 acceleration and 10 deceleration profiles Must be quiet and produce no more than 60 dBA Must offer installation and training Must offer long-term warranty Rotor for 6 X 250 mL capacity Must be a fixed angle rotor Must be able to be used in the above superspeed centrifuge Must be lightweight, fiberlite carbon fiber rotors and be corrosion- and fatigue-resistant Must support a range of capacities and be able to accommodate 250 mL centrifuge bottles or 10 mL, 15 mL, 50 mL, and 50 mL conical centrifuge tubes with corresponding adapters Must provide no less than 15 years warranty Adapter for the above Rotor Must be adapter suitable for use in the above rotor Must be adapter for use in fix-angle rotor with 250 mL capacity carrying 15 mL conical tubes Must be adapter for use in fix-angle rotor with 250 mL capacity carrying 50 mL conical tubes (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 01/26/2025, 4:00 PM PST. Any offeror quotes received after the prescribed date/time shall be considered late, marked as non-responsive and will not be considered for award. All questions regarding this solicitation must be received electronically through email no later than 11/22/2025, 4:00 PM PST. Offers and Questions 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 section Salient Characteristics of 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. FAR 52.211-6 Brand Name or Equal� (Aug 1999) (a)� If an item in this� solicitation� is identified as ""brand name or equal,"" the purchase description reflects the characteristics and level of quality that will satisfy the Government s needs. The salient physical, functional, or performance characteristics that ""equal""� products� must� meet are specified in the� solicitation. (b)� To be considered for award,� offers� of ""equal""� products, including ""equal""� products� of the brand name manufacturer,� must- (1)� Meet the salient physical, functional, or performance characteristic specified in this� solicitation; (2)� Clearly identify the item by- (i)� Brand name, if any; and (ii)� Make or model number; (3)� Include� descriptive literature� such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the� Contracting Officer; and (4)� Clearly describe any modifications the� offeror� plans to make in a product to make it conform to the� solicitation� requirements. Mark any descriptive material to clearly show the modifications. (c)� The� Contracting Officer� will evaluate ""equal""� products� on the basis of information furnished by the� offeror� or identified in the� offer� and reasonably available to the� Contracting Officer. The� Contracting Officer� is not responsible for locating or obtaining any information not identified in the� offer. (d)� Unless the� offeror� clearly indicates in its� offer� that the product being offered is an ""equal"" product, the� offeror� shall� provide the brand name product referenced in the� solicitation. (End of provision) (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified with a minimum of at least sixty days, shall result in a binding contract without further action by either party. Before the offer s specified expiration time, the Government may accept an offer (or part of an offer), whether there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of Provision) (x) Must include a completed copy of the provision at 52.212-3 -- Offeror Representations and Certifications -- Commercial 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. TheContractor 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 Subco...
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- Place of Performance
- Address: Department of Veterans Affairs VA Loma Linda Healthcare System 11201 Benton Street Warehouse Building 1C05, Loma Linda 92357, USA
- Zip Code: 92357
- Country: USA
- Zip Code: 92357
- Record
- SN07312731-F 20250116/250114230120 (samdaily.us)
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