SECTION A A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS Table of Contents SECTION A 1 A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1 SECTION B - CONTINUATION OF SF 1449 BLOCKS 3 B.1 CONTRACT ADMINISTRATION DATA 3 B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011) 4 B.3 SUBCONTRACTING COMMITMENTS--MONITORING AND COMPLIANCE (JUN 2011) 4 B.4 Price/Cost Schedule 6 Item Information 6 B.5 Delivery Schedule 16 SECTION C - CONTRACT CLAUSES 17 C.1 52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (SEP 2013) 17 C.2 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008) 22 C.3 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009) 22 C.4 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) 23 C.5 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE (JAN 2008) 24 C.6 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (JAN 2014) 24 SECTION B - CONTINUATION OF SF 1449 BLOCKS B.1 CONTRACT ADMINISTRATION DATA (continuation from Standard Form 1449, block 18A.) 1. Contract Administration: All contract administration matters will be handled by the following individuals: a. CONTRACTOR: b. GOVERNMENT: Contracting Officer 00553 Department of Veterans Affairs Ann Arbor Healthcare System Network 11 Contract Office 2215 Fuller Road Ann Arbor MI 48105 2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with: [X] 52.232-34, Payment by Electronic Funds Transfer -Other than Central Contractor Registration, or [] 52.232-36, Payment by Third Party 3. INVOICES: Invoices shall be submitted in arrears: a. Quarterly [] b. Semi-Annually [] c. Other [] 4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests. Department of Veterans Affairs Financial Management System PO Box 149971 Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows: AMENDMENT NO DATE B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011) This solicitation includes . Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an "Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement" to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement. (End of Clause) B.3 SUBCONTRACTING COMMITMENTS--MONITORING AND COMPLIANCE (JUN 2011) This solicitation includes VAAR 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, and VAAR 852.215-71, Evaluation Factor Commitments. Accordingly, any contract resulting from this solicitation will include these clauses. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) to assist in assessing contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the contractor's business records or other proprietary data to review such business records regarding contract compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an "Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement" to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor compliance with the subcontracting commitments. (End of Clause) Statement of Work Uniform Purchase John D. Dingell VA Medical Center 4646 John R Detroit, MI 48201 Schedule Information: The contractor shall provide all labor, materials, supplies and equipment necessary to provide uniforms for hospital personnel, including, but not limited to, lab coats of various sizes and colors, various styles, sizes and colors of medical scrubs, as well as uniforms used by warehouse, kitchen, and environmental services. Contractor will have 30 (thirty) days from date of posting to submit bid. Bid is to include all costs associated, including shipping and handling. Goods are to be received at the John D. Dingell VA Medical Center no later than 2 (two) weeks from award date. Description of Supplies/Services: 1. The contractor shall be responsible for providing pants and shirts for environmental wage employee. Pants are to be "cargo" style in both men's and women's sizes and navy in color. Material for pants to be a 65% polyester 35% cotton blend. All shirts are button front and to be a 65% polyester 35% cotton blend and chambray in color and have two flap button closure breast pockets. Wage grade employees may require either short sleeved or long sleeved shirts or a combination of both. Extra long sleeve length may be required for certain employees. Sizes available up to and including 5XL. Each shirt will have "VA Medical Center" in upper and lower case embroidered in white thread above the left breast pocket. 2. The contractor shall be responsible for providing pants and shirts for kitchen wage employee. Pants are to be flat front "everyday" style in both men's and women's sizes and black in color. Material for pants will be a 65% polyester 35% cotton blend. All shirts will be button front, 100% polyester, with left breast pocket. Shirts will be short sleeved and available up to and including 5XL. Each shirt will have "VA Medical Center" in upper and lower case embroidered in white thread above the left breast pocket. 3. The contractor shall be responsible for providing pants and shirts for kitchen supervisory personnel. Pants will be as described in Item 2 above. Shirts will be of "polo" style with button placket front and knit collar. Shirt will be gray and white "heather" color, short sleeved, with a left breast pocket. Shirts will be available in sizes up to and including 5XL. Each shirt will have "VA Medical Center" in upper and lower case embroidered in white thread above the left breast pocket. 4. The contractor shall be responsible for providing pants and shirts for kitchen chef personnel. Pants will be as described in Item 2 above. Material for chef coats will be 65% polyester 35% cotton blend. Chef coasts will be a double breasted style with plastic buttons and stand up collar with a left breast pocket and pocket on the upper left sleeve. The coat will be white in color and available in both long and short sleeves. Coats will be available in sizes up to and including 5XL. Each coat will have "VA Medical Center" in upper and lower case embroidered in black thread above the left breast pocket. 5. The contractor shall be responsible for providing lab coats, primarily white, but also in a variety of colors to medical center personnel. Material for lab coats will be 65% polyester 35% cotton twill. Lab coat are to be "staff-length" (39 inches), 2 lower pockets, pencil-divided left breast pocket, and side slash openings. Lab coats will be available in sizes 34 to 60. Each coat will have "VA Medical Center" in upper and lower case embroidered in black thread above the left breast pocket. 6. The contractor shall be responsible for providing scrubs, both tops and bottoms to a variety of hospital personnel. Scrubs will be available in both and separate tops and bottoms, and "unisex" in style. Material for scrubs will be a moisture wicking 65% cotton 35% cotton poplin blend and available in a variety of colors. Scrub tops will be short sleeved, v-necked, with left breast pocket, and have backstitching at stress points. Scrub pants will have a drawstring waistband, back hip pocket and be a standard 32 inch inseam in "cargo" style. Scrubs will be available in sizes XS - 5XL, with ability to secure size 6XL if necessary. 7. Pricing is to include unit price per article. Any and all service related fees (i.e. embroidery, hemming) are to be noted separately. 8. All packing slip(s) are to include Veterans Affairs purchase order number as assigned. Payment: Invoices shall reference the appropriate purchase order number and be submitted through the OB10 system for processing. Payments are made by VA Financial Services Center, Post Office Box 149971, Austin, TX 78714. Contact Information: The Program Support Assistant for the John D. Dingell VA Medical Center Environmental Management Services is Vivian Mundy. Ms. Mundy can be reached at
+1 (555) 000-0000. B.4 Price/Cost Schedule Item Information ITEM NUMBER DESCRIPTION OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 1 Scrub Pants, Draw String Waste, Cargo Style 65/35 Polyester/Cotton Blend Size: 2XL Color: Navy Vendor: Prism Medical 15.00 EA __________________ __________________ 3 Scrub Pants, Draw String Waste, Cargo Style 65/35 Polyester/Cotton Blend Size: 3XL Color: Navy Vendor: Prism Medical LOCAL STOCK NUMBER: NA - 5.00 EA __________________ __________________ 4 Scrub Pants, Draw String Waste, Cargo Style 65/35 Polyester/Cotton Blend Size: Large Color: Navy Vendor: Prism Medical LOCAL STOCK NUMBER: NA - 53.00 EA __________________ __________________ 5 Scrub Pants, Draw String Waste, Cargo Style 65/35 Polyester/Cotton Blend Size: Medium Color: Navy Vendor: Prism Medical LOCAL STOCK NUMBER: NA - 40.00 EA __________________ __________________ 6 Scrub Pants, Draw String Waste, Cargo Style 65/35 Polyester/Cotton Blend Size: Small Color: Navy Vendor: Prism Medical LOCAL STOCK NUMBER: NA - 25.00 EA __________________ __________________ 7 Scrub Pants, Draw String Waste, Cargo Style 65/35 Polyester/Cotton Blend Size: XLarge Color: Navy Vendor: Prism Medical LOCAL STOCK NUMBER: NA - 22.00 EA __________________ __________________ 8 Scrub Pants, Draw String Waste, Cargo Style 65/35 Polyester/Cotton Blend Size: XSmall Color: Navy Vendor: Prism Medical LOCAL STOCK NUMBER: NA - 5.00 EA __________________ __________________ 9 Scrub Top, V-Neck, Left Breast Pocket 65/35 Polyester/Cotton Blend Size: 2XL Color: Navy Vender: Prism Medical Embroider in block letters, white thread, above left breast pocket - "VA Medical Cente LOCAL STOCK NUMBER: NA - 40.00 EA __________________ __________________ 10 Scrub Top, V-Neck, Left Breast Pocket 65/35 Polyester/Cotton Blend Size: 3XL Color: Navy Vender: Prism Medical Embroider in block letters, white thread, above left breast pocket - "VA Medical Cente LOCAL STOCK NUMBER: NA - 9.00 EA __________________ __________________ 11 Scrub Top, V-Neck, Left Breast Pocket 65/35 Polyester/Cotton Blend Size: Large Color: Navy Vender: Prism Medical Embroider in block letters, white thread, above left breast pocket - "VA Medical Cen LOCAL STOCK NUMBER: NA - 43.00 EA __________________ __________________ 12 Scrub Top, V-Neck, Left Breast Pocket 65/35 Polyester/Cotton Blend Size: Medium Color: Navy Vender: Prism Medical Embroider in block letters, white thread, above left breast pocket - "VA Medical Ce LOCAL STOCK NUMBER: NA - 35.00 EA __________________ __________________ 13 Scrub Top, V-Neck, Left Breast Pocket 65/35 Polyester/Cotton Blend Size: Small Color: Navy Vender: Prism Medical Embroider in block letters, white thread, above left breast pocket - "VA Medical Cen LOCAL STOCK NUMBER: NA - 25.00 EA __________________ __________________ 14 Scrub Top, V-Neck, Left Breast Pocket 65/35 Polyester/Cotton Blend Size: XLarge Color: Navy Vender: Prism Medical Embroider in block letters, white thread, above left breast pocket - "VA Medical Ce LOCAL STOCK NUMBER: NA - 30.00 EA __________________ __________________ 15 Scrub Top, V-Neck, Left Breast Pocket 65/35 Polyester/Cotton Blend Size: XSmall Color: Navy Vender: Prism Medical Embroider in block letters, white thread, above left breast pocket - "VA Medical Ce LOCAL STOCK NUMBER: NA - 5.00 EA __________________ __________________ 16 Scrub Top, V-Neck, Left Breast Pocket 65/35 Polyester/Cotton Blend Size: 3XL Color: Burgundy Vender: Prism Medical Embroider in block letters, white thread, above left breast pocket - "VA Medical C LOCAL STOCK NUMBER: NA - 5.00 EA __________________ __________________ 17 Scrub Pants, Draw String Waste, Cargo Style 65/35 Polyester/Cotton Blend Size: 3XL Color: Burgundy Vendor: Prism Medical LOCAL STOCK NUMBER: NA - 5.00 EA __________________ __________________ 18 Lab Coat 65/35 Polyester/Cotton Blend Size: XLarge Color: Tan Embroider in block letters, white thread, above left breast pocket - "VA Medical Center" LOCAL STOCK NUMBER: NA - 12.00 EA __________________ __________________ 19 Lab Coat 65/35 Polyester/Cotton Blend Size: Medium Color: Tan Embroider in block letters, white thread, above left breast pocket - "VA Medical Center" LOCAL STOCK NUMBER: NA - 2.00 EA __________________ __________________ 20 Lab Coat 65/35 Polyester/Cotton Blend Size: Large Color: Tan Embroider in block letters, white thread, above left breast pocket - "VA Medical Center" LOCAL STOCK NUMBER: NA - 2.00 EA __________________ __________________ 21 Lab Coat 65/35 Polyester/Cotton Blend Size: XLarge Color: Tan Embroider in block letters, white thread, above left breast pocket - "VA Medical Center" LOCAL STOCK NUMBER: NA - 2.00 EA __________________ __________________ 22 Lab Coat 65/35 Polyester/Cotton Blend Size: 2XL Color: Burgundy Embroider in block letters, white thread, above left breast pocket - "VA Medical Center" LOCAL STOCK NUMBER: NA - 4.00 EA __________________ __________________ 23 Lab Coat 65/35 Polyester/Cotton Blend Size: Large Color: Burgundy Embroider in block letters, white thread, above left breast pocket - "VA Medical Center" LOCAL STOCK NUMBER: NA - 8.00 EA __________________ __________________ 24 Lab Coat 65/35 Polyester/Cotton Blend Size: Medium Color: Burgundy Embroider in block letters, white thread, above left breast pocket - "VA Medical Center" LOCAL STOCK NUMBER: NA - 8.00 EA __________________ __________________ 25 Lab Coat 65/35 Polyester/Cotton Blend Size: XLarge Color: Burgundy Embroider in block letters, white thread, above left breast pocket - "VA Medical Center" LOCAL STOCK NUMBER: NA - 2.00 EA __________________ __________________ 26 Lab Coat 65/35 Polyester/Cotton Blend Size: XLarge Color: Navy Embroider in block letters, white thread, above left breast pocket - "VA Medical Center" LOCAL STOCK NUMBER: NA - 2.00 EA __________________ __________________ 27 Lab Coat 65/35 Polyester/Cotton Blend Size: 4XL Color: Light Blue Embroider in block letters, white thread, above left breast pocket - "VA Medical Center" LOCAL STOCK NUMBER: NA - 4.00 EA __________________ __________________ 28 Lab Coat 65/35 Polyester/Cotton Blend Size: Large Color: Light Blue Embroider in block letters, white thread, above left breast pocket - "VA Medical Center" LOCAL STOCK NUMBER: NA - 2.00 EA __________________ __________________ 29 Lab Coat 65/35 Polyester/Cotton Blend Size: Medium Color: Light Blue Embroider in block letters, white thread, above left breast pocket - "VA Medical Center" LOCAL STOCK NUMBER: NA - 4.00 EA __________________ __________________ 30 Warm Up Jacket, Long Sleeve 65/35 Polyester/Cotton Blend Size: 4XL Color: Light Blue Embroider in block letters, white thread, above left breast pocket - "VA Medical Center" LOCAL STOCK NUMBER: NA - 4.00 EA __________________ __________________ 31 Warm Up Jacket, Long Sleeve 65/35 Polyester/Cotton Blend Size: Large Color: Light Blue Embroider in block letters, white thread, above left breast pocket - "VA Medical Center" LOCAL STOCK NUMBER: NA - 2.00 EA __________________ __________________ 32 Warm Up Jacket, Long Sleeve 65/35 Polyester/Cotton Blend Size: Medium Color: Light Blue Embroider in block letters, white thread, above left breast pocket - "VA Medical Center" LOCAL STOCK NUMBER: NA - 4.00 EA __________________ __________________ 33 Chambray Work Shirt 65/35 Polyester/Cotton Blend Long Sleeve Size: 2XL Vendor: Red Kap Item: SC-14 Embroider in block letter, in white thread above left breast pocket "VA Medical Center" LOCAL STOCK NUMBER: SC-14 - 4.00 EA __________________ __________________ 34 Chambray Work Shirt 65/35 Polyester/Cotton Blend Short Sleeve Size: 2XL Vendor: Red Kap Item: SC-24 Embroider in block letter, in white thread above left breast pocket "VA Medical Center" LOCAL STOCK NUMBER: SC-24 - 7.00 EA __________________ __________________ 35 Chambray Work Shirt 65/35 Polyester/Cotton Blend Short Sleeve Size: 3XL Vendor: Red Kap Item: SC-24 Embroider in block letter, in white thread above left breast pocket "VA Medical Center" LOCAL STOCK NUMBER: SC-24 - 20.00 EA __________________ __________________ 36 Chambray Work Shirt 65/35 Polyester/Cotton Blend Long Sleeve Size: 3XL Vendor: Red Kap Item: SC-14 Embroider in block letter, in white thread above left breast pocket "VA Medical Center" LOCAL STOCK NUMBER: SC-14 - 11.00 EA __________________ __________________ 37 Chambray Work Shirt 65/35 Polyester/Cotton Blend Long Sleeve Size: 4XL Vendor: Red Kap Item: SC-14 Embroider in block letter, in white thread above left breast pocket "VA Medical Center" LOCAL STOCK NUMBER: SC-14 - 3.00 EA __________________ __________________ 38 Chambray Work Shirt 65/35 Polyester/Cotton Blend Short Sleeve Size: Large Vendor: Red Kap Item: SC-24 Embroider in block letter, in white thread above left breast pocket "VA Medical Center" LOCAL STOCK NUMBER: SC-24 - 17.00 EA __________________ __________________ 39 Chambray Work Shirt 65/35 Polyester/Cotton Blend Short Sleeve Size: Medium Vendor: Red Kap Item: SC-24 Embroider in block letter, in white thread above left breast pocket "VA Medical Center" LOCAL STOCK NUMBER: SC-24 - 10.00 EA __________________ __________________ 40 Chambray Work Shirt 65/35 Polyester/Cotton Blend Long Sleeve Size: Medium Vendor: Red Kap Item: SC-14 Embroider in block letter, in white thread above left breast pocket "VA Medical Center" LOCAL STOCK NUMBER: SC-14 - 5.00 EA __________________ __________________ 41 Chambray Work Shirt 65/35 Polyester/Cotton Blend Short Sleeve Size: XLarge Vendor: Red Kap Item: SC-24 Embroider in block letter, in white thread above left breast pocket "VA Medical Center" LOCAL STOCK NUMBER: SC-24 - 7.00 EA __________________ __________________ 42 Chambray Work Shirt 65/35 Polyester/Cotton Blend Long Sleeve Size: XLarge Vendor: Red Kap Item: SC-14 Embroider in block letter, in white thread above left breast pocket "VA Medical Center" LOCAL STOCK NUMBER: SC-14 - 3.00 EA __________________ __________________ 43 Women's Navy Blue Cargo Pant 65/35 Polyester/Cotton Blend Inseam: 31" Vendor: Red Kap Item: PT-21 Size: 14 LOCAL STOCK NUMBER: PT-21 - 3.00 EA __________________ __________________ 44 Women's Navy Blue Cargo Pant 65/35 Polyester/Cotton Blend Inseam: 31" Vendor: Red Kap Item: PT-21 Size: 16 LOCAL STOCK NUMBER: PT-21 - 3.00 EA __________________ __________________ 45 Men's Navy Blue Cargo Pant 65/35 Polyester/Cotton Blend Vendor: Red Kap Item: PT-88 Size: 28/31 LOCAL STOCK NUMBER: PT-88 - 5.00 EA __________________ __________________ 46 Men's Navy Blue Cargo Pant 65/35 Polyester/Cotton Blend Vendor: Red Kap Item: PT-88 Size: 30/30 LOCAL STOCK NUMBER: PT-88 - 5.00 EA __________________ __________________ 47 Men's Navy Blue Cargo Pant 65/35 Polyester/Cotton Blend Vendor: Red Kap Item: PT-88 Size: 32/32 LOCAL STOCK NUMBER: PT-88 - 5.00 EA __________________ __________________ 48 Men's Navy Blue Cargo Pant 65/35 Polyester/Cotton Blend Vendor: Red Kap Item: PT-88 Size: 34/32 LOCAL STOCK NUMBER: PT-88 - 3.00 EA __________________ __________________ 49 Men's Navy Blue Cargo Pant 65/35 Polyester/Cotton Blend Vendor: Red Kap Item: PT-88 Size: 36/32 LOCAL STOCK NUMBER: PT-88 - 10.00 EA __________________ __________________ 50 Men's Navy Blue Cargo Pant 65/35 Polyester/Cotton Blend Vendor: Red Kap Item: PT-88 Size: 36/34 LOCAL STOCK NUMBER: PT-88 - 8.00 EA __________________ __________________ 51 Men's Navy Blue Cargo Pant 65/35 Polyester/Cotton Blend Vendor: Red Kap Item: PT-88 Size: 38/32 LOCAL STOCK NUMBER: PT-88 - 13.00 EA __________________ __________________ 52 Men's Navy Blue Cargo Pant 65/35 Polyester/Cotton Blend Vendor: Red Kap Item: PT-88 Size: 38/34 LOCAL STOCK NUMBER: PT-88 - 8.00 EA __________________ __________________ 53 Men's Navy Blue Cargo Pant 65/35 Polyester/Cotton Blend Vendor: Red Kap Item: PT-88 Size: 40/30 LOCAL STOCK NUMBER: PT-88 - 5.00 EA __________________ __________________ 54 Men's Navy Blue Cargo Pant 65/35 Polyester/Cotton Blend Vendor: Red Kap Item: PT-88 Size: 40/34 LOCAL STOCK NUMBER: PT-88 - 5.00 EA __________________ __________________ 55 Men's Navy Blue Cargo Pant 65/35 Polyester/Cotton Blend Vendor: Red Kap Item: PT-88 Size: 40/34 LOCAL STOCK NUMBER: PT-88 - 5.00 EA __________________ __________________ 56 Men's Navy Blue Cargo Pant 65/35 Polyester/Cotton Blend Vendor: Red Kap Item: PT-88 Size: 42/32 LOCAL STOCK NUMBER: PT-88 - 3.00 EA __________________ __________________ 57 Women's Navy Blue Cargo Pant 65/35 Polyester/Cotton Blend Inseam: 31" Vendor: Red Kap Item: PT-21 Size: 12 LOCAL STOCK NUMBER: PT-21 - 5.00 EA __________________ __________________ 58 Embroidery Costs 341 LOCAL STOCK NUMBER: NA - 341.00 EA __________________ __________________ 59 Shipping - Cannot exceed $249.99 if there is a shipping charge LOCAL STOCK NUMBER: NA - 1.00 EA __________________ __________________ GRAND TOTAL __________________ B.5 Delivery Schedule ITEM NUMBER QUANTITY DELIVERY DATE 1 SHIP TO: John D. Dingell VAMC 4646 John R. Street Detroit ,MI 48201 30 ARO MARK FOR: LL259 SECTION C - CONTRACT CLAUSES C.1 52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (SEP 2013) (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 the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). 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, contract 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 contract 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 Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), 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...