Medical Equipment Related to Podiatry and Urology

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 as supplemented with additional information included in this notice. The solicitation ID081600127 is issued as a request for quote (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-94, 2005-95/ effective 01-19-2017. No telephone requests will be accepted. Only written requests received directly from the offeror are acceptable. The associated North American Industry Classification System (NAICS) code for this procurement is 423450, with a small business size standard of 200 people. This solicitation is set-aside for Service Disabled Veteran Owned Small Businesses (SDVOSB). To be considered the Service Disabled Veteran Owned Small Business must be registered in vetbizops. The Government intends to issue a firm fixed price purchase order for the medical supplies listed in this solicitation. The following is a list of the contract line item numbers and quantities. This solicitation is for supplies to be provided to the VA Medical Center located in Ft. Harrison, Montana. Period of Performance: The Government intends to issue a firm fixed price purchase order as a result of this solicitation. All of the equipment listed below in the Price Schedule must be delivered no later than one month after issue of award. Price Schedule (Contract Line Item Numbers): CLIN Supply Description Quantity Unit Price Total Price 0001 OPERON D 830 US SEAT, CFK, INSTA DRIVE 3 0002 HEAD SECTION, D850, W/SIDE RAIL, NO PADS 3 0003 BACK PLATE, D850, W/RAILS, W/OUT PAD 3 0004 LEG PLATE 20",D850/D750,CARBON FIBER,US 3 0005 PAD SET, 2-3/8" D8/7XX - 1/EA 3 0006 POWER CORD, B850 - 1/EA 9 0007 SEAT, PHENOLIC-W/O BACKLIGH 1 0008 HEAD SECTION, D75X, W/SIDE RAILS, NO PAD 1 0009 BACK SECTION, PHENOLIC, D760-850, USA 1 0010 LEG PLATE 20", D850/D750, PHENOLIC, US 1 0011 PAD SET, 2-3/8" D8/7XX - 1/EA 1 0012 POWER CORD, B850 - 1/EA 1 0013 X-RAY CASSETTE TRAY ASSY. D850/D750 - 1/EA 1 0014 LEG TRANSFER PLATE, OPERO N D 750-D 850 - 1 EA 1 0015 TABLE WIDTH EXTENDER, BAR IATRIC, (US) - 1 EA 2 0016 TABLE WIDTH EXTENDER, FULL LENGTH SET, WITH PADS 2 0017 ATTACHMENT STRAPS FOR DRA INAGE BAGS, (US - 1 ST 1 0018 DRAINAGE BAGS (SET OF 10 PCS.) - 10 EA / ST 1 0019 INSTALLATION CHARGE FOR OPERON TABLES - 1/EA 0020 INSTALLATION CHARGE FOR OPERON TABLES - 1/EA 1 0021 MULTIGEN - 1 EA 1 0022 MULTIGEN CABLE - 1 EA 2 0023 VENOM 100MM NITINOL MONOPOLAR ELECTRODE - 1/EA 8 0024 VENOM 150MM NITINOL MONOP - 1/EA 4 0025 MONOPOLAR RTN ELECTRODE CABLE - 1 EA 1 0026 CONNECTING CABLE - 1 EA 1 0027 VENOM CANNULA 20 G 100MM,10MM - 10EA/PK 1 0028 MULTIGENERATOR PROCARE SERV - 1 EA 3 0029 HOPKINS II 30 TELESCOPE MANUFACTURE WARRANTY 3YR - 1EA 2 0030 HOPKINS II 0DEG TELESCOPE - 1EA 2 0031 INSERT GRASPING,DOUB LE SPOON, - 1 EA 2 0032 INSERT,'MANHES',TIGE R-JAWS, - 1 EA 2 0033 INSERT, DISSECT, RIGHT ANGLE, DBL - 1EA 2 0034 FORCEPS INSERT, CLIC KLINE, SCHNEIDER - 1 EA 2 0035 INSERT, 'KELLY', DISSECT/ GRASP - 1EA 2 0036 INSERT, SCISSORS, HOOK, SINGLE ACTION - 1EA 2 0037 INSRT,SCSSRS,CLICKLN,12MM CRVD,METZENBAUM,5MMX36CM - 1EA 2 0038 TUBE,OUTER,INSULATED 5MM. 36CM - 1EA 14 0039 CLICKLINE PLASTIC HANDLE WITHOUT RATCHET - 1/EA 4 0040 HANDLE, PLASTIC, W/ DISENGAGEABLE RATCHET - 1EA 8 0041 MONOPOLAR HIGH FREQUENCY CORD W/8MM PLUG 2 0042 TRAY STERILIZATION LAPAROSCOPIC - 1 EA 2 0043 BARRIER-FREE PROCEDURE PDIATRY CHAIR - BASE ONLY 4 0044 UPHOLSTERY TOP- PREMIUM 4 Total $ DESCRIPTION OF REQUIREMENTS FOR THE ITEMS TO BE REQUIRED: The Contractor is to ship directly to the VA Medical Center at Ft. Harrison the following medical equipment. The receiving point of contact for these instruments and devices will be provided at the time of award. Regular Operating Tables - Should have a vertical range of travel 25'' at its lowest point and 42. 3'' at its highest point. Low table height is important for improving access to bariatric patients in lateral, lithotomy and reverse trend. - Should support 1,000 lbs. of articulation using slide, trend, reverse trend, tilt, back section or leg section. The weight capacity must not change when the table is slid towards the head or foot. - Should have an integrated x-ray channel to facilitate x-ray imaging. Must NOT utilize "buckey boards" or x-ray risers that morph and break when articulating the table. - Should have an >18'' imaging window below the table surface to maximize intra-operative imaging for lateral, oblique and AP shots for implant placement, vascular procedures, cholangiograms and urology procedures. - Should have > 16" table top slide capability to improve surgical access and imaging. - Should have a Carbon Fiber table top surface construction to facilitate imaging and ensure durability. - Should have a hand pendant powered kidney elevator. - Should have a full manual back up system, providing the means to achieve all basic table positions in the event of a power failure, uncharged or damaged battery, or unforeseen failure. - Should have a service software port to facilitate easier service diagnostics and software upgrades. - Should have a removable back section for greater access to the patient and specialty integrated table accessories. - Should have internal batteries to power the table in place of an AC power cord. - Should have 21" tabletop width (23" rail to rail) enhancing surface area to accommodate larger patients. Urology Procedure Table - Should have a vertical range of travel 25'' at its lowest point and 42.3'' at its highest point. Low table height is important for improving access to bariatric patients in lateral, lithotomy and reverse trend. - Should support 1,000 lbs. of articulation using slide, trend, reverse trend, tilt, back section or leg section. - Should have an integrated x-ray channel to facilitate x-ray imaging. Must NOT utilize "buckey boards" or x-ray risers that morph and break when articulating the table. - Should have a hand pendant powered kidney elevator. - Should have a full manual back up system, providing the means to achieve all basic table positions in the event of a power failure, uncharged or damaged battery, or unforeseen failure. - Should have a service software port to facilitate easier service diagnostics and software upgrades. - Should have a removable back section for greater access to the patient and specialty integrated table accessories. - Should have internal batteries to power the table in place of an AC power cord. - Should have 21" tabletop width (23" rail to rail) enhancing surface area to accommodate larger patients. Chronic Pain Management Radio Frequency Generator - Full-touchscreen controls - Handle at least four lesions simultaneously, with independent control. - Must have options for customizing procedures - Must have software safety checks - Must be capable of performing monopolar and bipolar procedures at the same time - Must have a remote hand control that allows the practitioner to run the procedural portion from the sterile field - Must offer minimally invasive approach as standard radiofrequency (18 gauge & 20 gauge) - RF probe lengths matching 50, 100, 150, and 200mm for varied patient anatomy and procedural demand - One machine that is capable of performing thermal and pulsed ablation - Must have parallel bipolar options that allow two parallel bipolar procedures to be performed simultaneously - Must have a color screen - Must recognize electrode and heats and automatically differentiate procedure type - Must allow user to save procedure-specific information - Must offer multiple customized physician settings - Must allow information to be stored for each needle placement during procedure - Displays and prints information - Double-start safety feature - Must automatically control temperature for every cannula - Must perform safety checks throughout procedure - Must offer dual temperature measurement for precise control of bipolar procedures - Must provide at least six pulsed settings - Must offer high temperature pulsed radiofrequency - Must display self-diagnostic test when turned on. - Must verify internal hardware, software and connected accessories are working properly - Troubleshooting o Must display the source of the issue on the screen o Must identify the issue and shut down the individual problem o Must provide troubleshooting options - Electrodes must be made from nickel-titanium - Cannulas must have a side port to allow for improved anesthesia propagation - Must have a no questions asked repair/replacement program with next-day loaner equipment - Must have rep available for onsite training and normal procedure assistance - Must offer straight and curved cannula - Electrodes must be color coded - Must offer a minimum of a one-year warranty and at least a six-month warranty on all cables - Must offer a one-year warranty on electrodes - Must offer loaner program Karl Storz Laparoscopic Instruments and Scopes - Must be 3 piece take-apart laparoscopic instruments that follow the VA's directive for take-apart instrumentation. - None of the items may be refurbished, previously used, or reprocessed - None of the items may be manufactured or processed in Pakistan Midmark 647 Podiatry Chairs - Allows for the following positions o Entry position o Seated exam position o Standing exam position o Flat position - Must provide chair rotation from the base - Must have a swing arm for an instrument tray - Must have a paper roll holder - Must have an LED exam light - Must have base rails - Must have an attached vision block screen - Must have covered glides - Ergonomic foot section with stainless steel debris pan - Integrated hand controls - Barrier-free low height of 19" for easy patient transfer - Chair arms that can be rotated completely out of the way - Max weight capacity 450 lbs - Base height o Minimum 19" o Maximum 40" - Foot Section height - 15" to 54" - Foot Extension: 9" - Seat tilt angle 0 to 30 degrees - Duplex, hospital grade electrical outlets in chair - Electrical Outlet Rating o 115VAC, 3 Amps - Color: Ultra-Pacific Blue Clauses by Reference: 52.204-13 - System for Award Management 52.219-6 - Notice of Total Small Business Set Aside (June 2003) (15 U.S.C. 644) 52.219-28 - Post Award Small Business Program Representation (Apr 2009) (15 U.S.C. 632(a)(2)). 52.233-3 - Protest After Award (AUG 1996) (31 U.S.C. 3553) 52.233-4 - Applicable Law for Breach of Contract Claim 52.223-18- Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011)(E.O 13513) 52.225-1 - Buy American Act - Supplies (Feb 2009) (41 U.S.C. 10a-10d) 52.225-13 - Restrictions on Certain Foreign Purchases (June 2008)(E.O.'s, proclamations, and statues administered by the Office of Foreign Assets Control of the Department of the Treasury 52.232-33 - Payment By Electronic Funds Transfer - System for Award Management (Jul 2013) 931 U.S.C. 3332) 52.225-25 - Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran - Representations and Certifications 52.232-39 - Unenforceability of Unauthorized Obligations 52.232-40 - Providing Accelerated Payments to Small Business Contractors 52.247-35 - FOB Destination, within Consignee's Premises 52.212-4 Contract Terms and Conditions -- Commercial Items (Jan 2017) (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 at 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) System for Award Management (SAM). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (2) (i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to: (A) Change the name in the SAM database; (B) Comply with the requirements of Subpart 42.12 of the FAR; (C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract. (4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov. (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 Use 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) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jan 2017) (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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 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: X___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). X___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). _X__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). ___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). ___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). _X__ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note). _X__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). ___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). ___ (ii) Alternate I (Nov 2011) of 52.219-3. ___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concern...