Inactive Total Small Business Set-Aside (FAR 19.5)

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice Page 11 of 11 Combined Synopsis/Solicitation Notice *= Required Field Combined Synopsis/Solicitation Notice Page 1 of 11 Thi... Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice Page 11 of 11 Combined Synopsis/Solicitation Notice *= Required Field Combined Synopsis/Solicitation Notice Page 1 of 11 This is a combined synopsis/solicitation for commercial items in accordance with FAR subpart 13 prepared with the format in Subpart 12.6, as supplemented with additional information included in this notice. The acquisition strategy will be Small Business (SBA) set-aside to best meet the needs of the Government. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. (ii) Solicitation number 36C26221Q0593 is issued as a Request for Quotation (RFQ). (iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-04. (iv) This is set-aside for small business (SBA). This will be a firm fixed price award, provisions associated with this procurement; NAICS code 339920 and small business size standard is 750 employees. (v) The technical specifications are listed as brand name or equal (FAR 52.211-6 is applicable). For equal items, please include technical specifications of the ultrasound systems and components. If technical specifications showing how the equal product meets the salient characteristics are not included, your quote will be considered non-responsive. ****Please refer to Salient Characteristics for full details.**** NOTE: Potential offers must be aware that the items being acquired are procured as Brand Name or Equal. For those items that are or equal , a description of the salient characteristics outlined above. The FAR Clause 52.211-6 Brand Name or Equal applies to this acquisition. Any items quoted as equal not confirming to the requirements of clause 52.211-6 will be considered non- responsive and not considered for award. Vendor Requirements: 1. Vendor shall provide delivery. 2. Vendor shall provide original equipment manufacturer (OEM) comprehensive warranty on the product(s) starting from the first day of delivery. 3. Vendor provides guarantee equipment is free of defects. 4. Authorized distributor letter 5. FOB Destination delivery shall occur within 90 business days after award to the following destination address: Department of Veterans Affairs VA Los Angeles Healthcare System 11301 Wilshire Blvd Los Angeles, CA, 90073. (xii) Quotes are to be received no later than 4:00PM PST, April 1, 2022 at email address: Hanan.Chaaban@va.gov, subject Quote: # 36C26221Q0593 [VENDOR NAME] late quotes shall not be accepted. Telephone responses shall not be accepted. Any questions regarding this solicitation shall be submitted no later than 12:00 PM PST March 29, 2022. SCHEDULE OF SUPPLIES: Ergometer, Recumbent Stepper- SCIFIT Systems, Inc. 1 EA Bravo Advanced All-In-One Functional Trainer - Cybex International 1 EA Integrity Series Lifecycle Recumbent Exercise Bike 1 EA with Integrity SL Console- Life Fitness Integrity Series Lifecycle Upright Exercise Bike with SL Life Fitness 1 EA AC5000M Medical Treadmill SCIFIT 1 EA SALIENT CHARATERISTICS: Ergometer, Recumbent Stepper- SCIFIT Systems, Inc. Provides a smooth, total body functional movement features low starting resistance, direct wheelchair access, adjustable arm length and handle angle shall have customizable programs and documentation to help users reach their goals User defined stride length from 2" to 11.5" with stride feedback for safe progressions Arm-to-leg movement encourages ADLs like climbing stairs Low starting resistance (6 watts) with 20 levels, adjustable in .1 increments, providing 191 levels of resistance. Direct wheelchair access along with step-through seating and grab bar allow for easy on and off. Arm length adjustments and rotating hand grips provide user comfort and custom fit. Small footprint along with integrated transport handle and wheels allow for easy placement. Full color touch screen with easy operation displays exercise readouts beneficial for users and clinicians (ex. stride length, ascent, watts, METs). Neutral starting position Pedals always come back to neutral starting position for easier entry and start up. Allows for entry from both sides. Smooth, linear movement with start and stop motion . Comfortable, ergonomic body position Large flywheel Increased kinetic energy and smooth stepping motion. Easy to transport Integrated transport handle and wheels. Heart rate monitoring Telemetric (chest strap required) Must have quiet belt drive Bravo Advanced All-In-One Functional Trainer - Cybex International Progressive Stabilization System: The Functional Trainer features the patented Progressive Stabilization System, which is a pad that adjusts for height and horizontal position. The system must offer maximum support (like selctorized equipment) or free standing movement (like most functional trainers). Must give users a greater variety of training options, and compared to other free-standing machines, the system delivers a 212% increase in load capacity, a 184% improvement in core activation, and a 38% strength gain over free standing cable systems. Advanced Cable Adjustment: The Functional Trainer includes Advanced Cable Adjustment System, which lets users control the height and width between the cables origin. Dual weight stacks: Two weight stacks allow for fully independent motion and asymmetrical loads for single users, or individual stations for two users. Variable grip chin-up bar: The integrated chin-up bar s higher position and multiple grip options target different movements and muscles. Weight Stacks - 8800 Compact: 170 lbs Cable Position Adjustment : Vertical: 19 positions with 3" spacing Rotation: 315 degrees detented every 45 degrees Minimum Cable width: 15" (38 cm) Maximum Cable width: 58" (147 cm) Standard Accessories : 2 strap handles, 2 multi-length strap extensions, ankle cuff, rotating arm bar, triceps rope, lat pull bar 3. Integrity Series Lifecycle Recumbent Exercise Bike with Integrity SL Console- Life Fitness Must have an LED display Must have Navigation - Membrane Buttons Connectivity - Wi-Fi, BLE, Bluetooth® Classic, ANT+, and NFC, NFC - Yes Capability to Login - Bluetooth Proximity USB Port - For Software Updates & Device Charging Headphone Jack -3.5mm port CSAFE-Ready -Yes Treadmill: Display Readouts - Calories, Distance, Incline, Time Remaining / Time Elapsed, Speed, Pace / Heart Rate # of Workouts 17 22 TV - Optional attachable TV IPTV Compatible -Yes w/ STB and attachable TV Pro: Idiom Compatible Optional w/ attachable TV Software Updates Via website or USB Asset Management Yes Apple Watch GymKit Compatible Yes 15.5" Seat back; Seat w/Lumbar Support and wrap-around seat adjustment lever Step-Through Design Seat Side Handlebars Wide ride Pedals Max user weight 400 lbs 17 Resistance Levels 120V, 20A outlet with dedicated line, neutral, ground wires and dedicated circuit breaker 4. Integrity Series Lifecycle Upright Exercise Bike with SL Life Fitness Get on and go functionality Large LED display Offers 17 to 22 workouts Bluetooth® connection to heart rate straps, headphones and mobile devices Wi-Fi, ANT+, and NFC compatibility Connects to Apple Watch® Comfort Curved Seat Wide Ride Pedals Integrated Accessory Tray 42 Fine-Tuned Seat Adjustments w/easy to reach height adjustment lever; Lowest: 18.25" Highest: 31.5" Max User Weight 400lbs Transport Wheels Hybrid Eddy current brake with brushless internal generator for low drag and high power capability Single stage drive with self-tensioning idlers for minimal mechanical drag and low maintenance 120V, 20A outlet with dedicated line, neutral, ground wires and dedicated circuit breaker 5. AC5000M Medical Treadmill SCIFIT Low starting speed of .1 mph, adjustable in .1 increments Extended handrails 550 lb user capacity Maintenance-free, shock absorbing deck Side handrail switches for speed and elevation Speed range: .1 to 12 mph, reverse to 4 mph Elevation: -3% to 12% Generous walking surface 22" x 62" Hospital grade treadmill: complies with current leakage protection standards Certifications: UL1647, CAN/CSA-C22.2 No 68-92, EN60335 110v standard; dedicated 15 amp circuit, grounded STATEMENT OF WORK INTRODUCTION: The purpose of this Statement of Work (SOW) is to outline the tasks and responsibilities of the vendor in supplying PT Equipment for the newly constructed Ventura CBOC VISN22 under VA Greater Los Angeles Healthcare System. BACKGROUND: The Ventura CBOC is part of VA Greater Los Angeles Healthcare System providing services in Ventura County. Services include primary care, dental, women s health, physical therapy, mental health, telehealth, and other specialty services. This new clinic has expanded and has a required need for new PT Equipment for the Physical Therapy Department. PURPOSE: The PT Equipment is needed to assist in testing and improving the patient`s motor functionality. SCOPE: VA GLA is requesting contractors provide brand name or equal that meet or exceed the physical, functional and performance of the listed salient characteristics in this section. The equipment feature is essential to the technical requirements to meet the need of the government. FUNCTIONAL AND PERFORMANCE CHARACTERISTICS: Equipment must provide the functional and performance capability as listed above in section in above. TRAINING: Contractor is to provide a one-time training at installation of equipment (if applicable). Government will not require additional training. WARRANTY OF EQUIPMENT: Government requirement for standard manufacturer industry warranty term. Government does not accept extended warranty, which requires advance payment. PERFORMANCE: All items to be delivered and or installed after receipt of purchase order but not earlier than 05/01/2022 but not later than 05/15/2022. Hours: Normal duty hours are 7:30 a.m. through 5:00 p.m., Monday through Friday, not including federal holidays. Whenever contact with a facility is required outside of normal duty hours, the Contractor shall coordinate these times with the designated COR, POC or designee. In accordance with 5 U.S.C. 6103, Executive Order 11582 and Public Law 94-97 the following national holidays are observed and for the purpose of this contract are defined as Legal Federal official holidays New Year s Day January 1st Martin Luther King s Birthday Third Monday in January President s Day Last Monday in January Memorial Day Last Monday in January Juneteenth June 19th Independence Day July 4th Labor Day First Monday in September Columbus Day Second Monday in October Veteran s Day November 11th Thanksgiving Day Fourth Thursday in November Christmas Day December 25th Noncontract Charges: The contractor shall not perform any service that will result in additional charges without prior approval from the Contracting Officer. Payment: Payment will be made upon receipt of a properly prepared invoice which references the period for which payment is due, the contract number and/or assigned purchase order number. The invoice must include the correct payment address. Waste Removal: The contractor is responsible to remove and properly dispose of all waste related to the services provide on-site at all VA facilities. Failure to carry out the above procedures will be considered as a failure to document the service visit and will constitute a failure to perform. All shipping for parts will be included in the cost of the contract. PLACE OF DELIVERY: VA Ventura CBOC 5250 Ralston St, Ventura, CA 93003 Contract Personnel Security All contractor employees who require access to the Department of Veterans Affairs' computer systems shall be the subject of a background investigation and must receive a favorable adjudication from the VA Security and Investigations Center (07C). The level of background security investigation will be in accordance with VA Directive 0710 dated September 10, 2004 and is available at: http://www.va.gov/pubs/asp/edsdirec.asp (VA Handbook 0710, Appendix A, Tables 1 - 3). Appropriate Background Investigation (BI) forms will be provided upon contract (or task order) award, and are to be completed and returned to the VA Security and Investigations Center (07C) within 30 days for processing. Contractors will be notified by 07C when the BI has been completed and adjudicated. These requirements are applicable to all subcontractor personnel requiring the same access. If the security clearance investigation is not completed prior to the start date of the contract, the employee may work on the contract while the security clearance is being processed, but the contractor will be responsible for the actions of those individuals they provide to perform work for the VA. In the event that damage arises from work performed by contractor personnel, under the auspices of the contract, the contractor will be responsible for resources necessary to remedy the incident. ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Provisions that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. (ix) The provision at FAR 52.212-2, Evaluation -- Commercial Items (Oct 2014), applies to this solicitation. FAR 52.212-2 Addendum / Replacement: (a) The Government will award a contract resulting from this solicitation to the responsive and responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Lowest priced quotation that meets all salient characteristics that is both responsive and responsible. Acceptability of equipment/services shall be established by review of each submitted quotation by the designated evaluator(s) and verification that any equal-to items meet the salient characteristics included in this solicitation. Submissions to this solicitation must show clear, compelling and convincing evidence that equal-to items meet all the salient characteristics. Offers that include any items that are not determined as Brand Name or Equal shall result in an unacceptable offer. See 52.211-6 Brand Name or Equal for additional information. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified with a minimum of at least sixty days, shall result in a binding contract without further action by either party. Before the offer s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of Provision) AUTHORIZED DISTRIBUTOR LETTER (ADL) Any suppliers, distributors and/or resellers who participate in this solicitation, must be authorized to provide the supplies by the Original Equipment Manufacturer (OEM). An Authorized Distributor Letter (ADL) from the manufacturer shall be included with your response to be considered for award. If the potential Authorized Supplier is not the OEM, the Authorized Supplier must provide an Authorized Distributor Letter from the OEM signed within the last 90 days. The letter must either state specific product(s) quoted or that the quoter is an authorized distributor for all of the manufacturer s products. This letter must be on the manufacturer s letterhead and contain the signature of an authorized official for the manufacturer. (x) Must include a completed copy of the provision at 52.212-3 -- Offeror Representations and Certifications -- Commercial Items, with this solicitation or ensure SAM.gov is updated with current information. (xi) The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition. 52.212-4 CONTRACT TERMS AND CONDITIONS COMMERCIAL ITEMS (OCT 2018) (a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) Within a reasonable time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. (d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. (e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. (f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include (i) Name and address of the Contractor; (ii) Invoice date and number; (iii) Contract number, line item number and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent; (viii) Name, title, and phone number of person to notify in event of defective invoice; and (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (x) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer Other Than System for Award Management), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. (2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315. (h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. (i) Payment. (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. (2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315. (3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. (4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made. (5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall (i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the (A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); (B) Affected contract number and delivery order number, if applicable; (C) Affected line item or subline item, if applicable; and (D) Contractor point of contact. (ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer. (6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid. (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if (A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days; (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2). (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. (v) Amounts shall be due at the earliest of the following dates: (A) The date fixed under this contract. (B) The date of the first written demand for payment, including any demand for payment resulting from a default termination. (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on (A) The date on which the designated office receives payment from the Contractor; (B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. (vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract. (j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon: (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. (k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. (l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. (o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. (q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity. (s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) The schedule of supplies/services. (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause; (3) The clause at 52.212-5. (4) Addenda to this solicitation or contract, including any license agreements for computer software. (5) Solicitation provisions if this is a solicitation. (6) Other paragraphs of this clause. (7) The Standard Form 1449. (8) Other documents, exhibits, and attachments (9) The specification. (t) [Reserved] (u) Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern: (i) Any such clause is unenforceable against the Government. (ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an I agree click box or other comparable mechanism (e.g., click-wrap or browse-wrap agreements), execution does not bind the Government or any Government authorized end user to such clause. (iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement. (2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures. (v) Incorporation by reference. The Contractor s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract. (End of Clause) (xii) The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items, applies to this acquisition. 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS COMMERCIAL ITEMS (JUN 2020) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.203-19, Prohibition on Requiring Ce...