36C10A18Q0022-00001002.docx

VA Contract Number: TBD VA Solicitation Number: 36C10A18Q0022

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

TAC-Austin

36C10A18Q0022 11-14-2017 Aaron Waltersdorff 512-981-4469 11-29-2017 4:30pm EST

Department of Veterans Affairs Office of Acquisition Operations Technology Acquisition Center - Austin 1701 Directors Blvd, Suite 600 Austin TX 78744

X

Y 334118 1000 Employees Net 30 X

N/A

See Schedule

Department of Veterans Affairs Office of Acquisition Operations Technology Acquisition Center - Austin 1701 Directors Blvd, Suite 600 Austin TX 78744

Department of Veteran Affairs Financial Services Center P.O. Box 149971

Austin TX 78714-8971

(877) 353-9791

See CONTINUATION Page

National Cemetery Administration Kiosk IDIQ

See Section B.1 Schedule of Supplies and Service

See CONTINUATION Page

Lateefah S. Parker

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 SCHEDULE OF SUPPLIES AND SERVICES

NOTE: FOR PROPOSAL PURPOSES ONLY, CLIN PRICING IS NOT REQUIRED IN SECTION B OF THIS SOLICITATION.

All price proposals must be submitted in the format provided at Section D, Attachment 03.

Task Orders will be issued in accordance with the following Contract Line Item (CLIN) structure:

Ordering Period One: January 01, 2018 through December 31, 2018

Specific requirements are detailed in Section D, Attachment 1, Performance Work Statement (PWS) titled "National Cemetery Administration Kiosks Installation and Maintenance Services" dated October 25, 2017.

Kiosks, Installation, and Maintenance shall be ordered through the process described in Section B, Paragraph B.2, “Ordering Procedures” and payment shall be made in accordance with Section B, Paragraph B.3, entitled “Payment Procedures Related to FFP task orders”.

TBD – To be Determined (with issuance of each delivery/task order) TBP – To be Provided NSP – Not Separately Price CONUS – Continental United States OCONUS – Outside the Continental United States (Currently only Puerto Rico and Hawaii)

The contractor shall furnish Through-the-wall Kiosk Enclosures IAW PWS Section 5.2.1.

FOB: Destination Inspection/Acceptance: Destination

TBD

TBP

TBD

IAW PWS Section 5.2.1

IAW PWS Section 5.3.4

The contractor shall furnish Free Standing Kiosk Enclosures IAW PWS Section 5.2.2.

FOB: Destination Inspection/Acceptance: Destination

TBP

TBD

IAW PWS Section 5.2.2

IAW PWS Section 5.3.4

The contractor shall furnish kiosk replacement parts, as identified in the sub-CLINs IAW PWS Section 5.

FOB: Destination Inspection/Acceptance: Destination

TBP

TBD

TBP

TBD

TBP

TBD

The contractor shall furnish all personnel, facilities, services, travel, delivery, and materials necessary to install the Kiosks ordered in CLINs 0001 and 0002, IAW PWS Section 5.3.

Through-the-wall Kiosk Enclosure

TBP

TBD

Through-the-wall Kiosk Enclosure

TBP

TBD

Free Standing Indoor Kiosk Enclosure

TBP

TBD

Free Standing Indoor Kiosk Enclosure

TBP

TBD

Replacement Parts – Touch Screen

TBP

TBD

Replacement Parts – Thermal Printer

TBP

TBD

Replacement Parts – Power Surge Device

TBP

TBD

Replacement Parts – Touch Screen

TBP

TBD

Replacement Parts – Thermal Printer

TBP

TBD

Replacement Parts – Power Surge Device

TBP

TBD

The contractor shall furnish all personnel, facilities, services, and materials necessary to maintain Kiosks.

The contractor shall provide a monthly rate to maintain a kiosk as detailed in the PWS Section 5.4.

FOB: Destination

Inspection/Acceptance: Destination

TBP

TBD

IAW PWS Section 5.1.1

IAW PWS Section 5.1.2

IAW PWS Section 5.4

IAW PWS Section 6.2

IAW PWS Section A3.4

Total Ordering Period One

Ordering Period Two: January 01, 2019 through December 31, 2019

Specific requirements are detailed in Section D, Attachment 1, Performance Work Statement (PWS) titled "National Cemetery Administration Kiosks Installation and Maintenance Services" dated October 25, 2017.

Kiosks, Installation, and Maintenance shall be ordered through the process described in Section B, Paragraph B.2, “Ordering Procedures” and payment shall be made in accordance with Section B, Paragraph B.3, entitled “Payment Procedures Related to FFP task orders”.

TBD – To be Determined (with issuance of each delivery/task order) NSP – Not Separately Price CONUS – Continental United States OCONUS – Outside the Continental United States (Currently only Puerto Rico and Hawaii)

The contractor shall furnish Through-the-wall Kiosk Enclosures IAW PWS Section 5.2.1.

FOB: Destination Inspection/Acceptance: Destination

TBD

TBP

TBD

IAW PWS Section 5.2.1

IAW PWS Section 5.3.4

The contractor shall furnish Free Standing Kiosk Enclosures IAW PWS Section 5.2.2.

FOB: Destination Inspection/Acceptance: Destination

TBP

TBD

IAW PWS Section 5.2.2

IAW PWS Section 5.3.4

The contractor shall furnish kiosk replacement parts, as identified in the sub-CLINs IAW PWS Section 5.

TBP

TBD

TBP

TBD

TBP

TBD

The contractor shall furnish all personnel, facilities, services, travel, delivery, and materials necessary to install the Kiosks ordered in CLINs 1001 and 1002, IAW PWS Section 5.3.

Through-the-wall Kiosk Enclosure

TBP

TBD

Through-the-wall Kiosk Enclosure

TBP

TBD

Free Standing Indoor Kiosk Enclosure

TBP

TBD

Free Standing Indoor Kiosk Enclosure

TBP

TBD

Replacement Parts – Touch Screen

TBP

TBD

Replacement Parts – Thermal Printer

TBP

TBD

Replacement Parts – Power Surge Device

TBP

TBD

Replacement Parts – Touch Screen

TBP

TBD

Replacement Parts – Thermal Printer

TBP

TBD

Replacement Parts – Power Surge Device

TBP

TBD

The contractor shall furnish all personnel, facilities, services, and materials necessary to maintain Kiosks.

The contractor shall provide a monthly rate to maintain a kiosk as detailed in the PWS Section 5.4.

FOB: Destination Inspection/Acceptance: Destination

TBP

TBD

IAW PWS Section 5.1.1

IAW PWS Section 5.1.2

IAW PWS Section 5.4

IAW PWS Section 6.2

IAW PWS Section A3.4

Total Ordering Period Two

Ordering Period Three: January 01, 2020 through December 31, 2020

Specific requirements are detailed in Section D, Attachment 1, Performance Work Statement (PWS) titled "National Cemetery Administration Kiosks Installation and Maintenance Services" dated October 25, 2017.

Kiosks, Installation, and Maintenance shall be ordered through the process described in Section B, Paragraph B.2, “Ordering Procedures” and payment shall be made in accordance with Section B, Paragraph B.3, entitled “Payment Procedures Related to FFP task orders”.

TBD – To be Determined (with issuance of each delivery/task order) NSP – Not Separately Price CONUS – Continental United States OCONUS – Outside the Continental United States (Currently only Puerto Rico and Hawaii)

The contractor shall furnish Through-the-wall Kiosk Enclosures IAW PWS Section 5.2.1.

FOB: Destination Inspection/Acceptance: Destination

TBD

TBP

TBD

IAW PWS Section 5.2.1

IAW PWS Section 5.3.4

The contractor shall furnish Free Standing Kiosk Enclosures IAW PWS Section 5.2.2.

FOB: Destination Inspection/Acceptance: Destination

TBP

TBD

IAW PWS Section 5.2.2

IAW PWS Section 5.3.4

The contractor shall furnish kiosk replacement parts, as identified in the sub-CLINs IAW PWS Section 5.

TBP

TBD

TBP

TBD

TBP

TBD

The contractor shall furnish all personnel, facilities, services, travel, delivery, and materials necessary to install the Kiosks ordered in CLINs 2001 and 2002, IAW PWS Section 5.3.

Through-the-wall Kiosk Enclosure

TBP

TBD

Through-the-wall Kiosk Enclosure

TBP

TBD

Free Standing Indoor Kiosk Enclosure

TBP

TBD

Free Standing Indoor Kiosk Enclosure

TBP

TBD

Replacement Parts – Touch Screen

TBP

TBD

Replacement Parts – Thermal Printer

TBP

TBD

Replacement Parts – Power Surge Device

TBP

TBD

Replacement Parts – Touch Screen

TBP

TBD

Replacement Parts – Thermal Printer

TBP

TBD

Replacement Parts – Power Surge Device

TBP

TBD

The contractor shall furnish all personnel, facilities, services, and materials necessary to maintain Kiosks.

The contractor shall provide a monthly rate to maintain a kiosk as detailed in the PWS Section 5.4.

FOB: Destination Inspection/Acceptance: Destination

TBP

TBD

IAW PWS Section 5.1.1

IAW PWS Section 5.1.2

IAW PWS Section 5.4

IAW PWS Section 6.2

IAW PWS Section A3.4

Total Ordering Period Three

Ordering Period Four: January 01, 2021 through December 31, 2021

Specific requirements are detailed in Section D, Attachment 1, Performance Work Statement (PWS) titled "National Cemetery Administration Kiosks Installation and Maintenance Services" dated October 25, 2017.

Kiosks, Installation, and Maintenance shall be ordered through the process described in Section B, Paragraph B.2, “Ordering Procedures” and payment shall be made in accordance with Section B, Paragraph B.3, entitled “Payment Procedures Related to FFP task orders”.

TBD – To be Determined (with issuance of each delivery/task order) NSP – Not Separately Price CONUS – Continental United States OCONUS – Outside the Continental United States (Currently only Puerto Rico and Hawaii)

The contractor shall furnish Through-the-wall Kiosk Enclosures IAW PWS Section 5.2.1.

FOB: Destination Inspection/Acceptance: Destination

TBD

TBP

TBD

IAW PWS Section 5.2.1

IAW PWS Section 5.3.4

The contractor shall furnish Free Standing Kiosk Enclosures IAW PWS Section 5.2.2.

FOB: Destination Inspection/Acceptance: Destination

TBP

TBD

IAW PWS Section 5.2.2

IAW PWS Section 5.3.4

The contractor shall furnish kiosk replacement parts, as identified in the sub-CLINs IAW PWS Section 5.

TBP

TBD

TBP

TBD

TBP

TBD

The contractor shall furnish all personnel, facilities, services, travel, delivery, and materials necessary to install the Kiosks ordered in CLINs 3001 and 3002, IAW PWS Section 5.3.

Through-the-wall Kiosk Enclosure

TBP

TBD

Through-the-wall Kiosk Enclosure

TBP

TBD

Free Standing Indoor Kiosk Enclosure

TBP

TBD

Free Standing Indoor Kiosk Enclosure

TBP

TBD

Replacement Parts – Touch Screen

TBP

TBD

Replacement Parts – Thermal Printer

TBP

TBD

Replacement Parts – Power Surge Device

TBP

TBD

Replacement Parts – Touch Screen

TBP

TBD

Replacement Parts – Thermal Printer

TBP

TBD

Replacement Parts – Power Surge Device

TBP

TBD

The contractor shall furnish all personnel, facilities, services, and materials necessary to maintain Kiosks.

The contractor shall provide a monthly rate to maintain a kiosk as detailed in the PWS Section 5.4.

FOB: Destination Inspection/Acceptance: Destination

TBP

TBD

IAW PWS Section 5.1.1

IAW PWS Section 5.1.2

IAW PWS Section 5.4

IAW PWS Section 6.2

IAW PWS Section A3.4

Total Ordering Period Four

Ordering Period Five: January 01, 2022 through December 31, 2022

Specific requirements are detailed in Section D, Attachment 1, Performance Work Statement (PWS) titled "National Cemetery Administration Kiosks Installation and Maintenance Services" dated October 25, 2017.

Kiosks, Installation, and Maintenance shall be ordered through the process described in Section B, Paragraph B.2, “Ordering Procedures” and payment shall be made in accordance with Section B, Paragraph B.3, entitled “Payment Procedures Related to FFP task orders”.

TBD – To be Determined (with issuance of each delivery/task order) NSP – Not Separately Price CONUS – Continental United States OCONUS – Outside the Continental United States (Currently only Puerto Rico and Hawaii)

The contractor shall furnish Through-the-wall Kiosk Enclosures IAW PWS Section 5.2.1.

FOB: Destination Inspection/Acceptance: Destination

TBD

TBP

TBD

IAW PWS Section 5.2.1

IAW PWS Section 5.3.4

The contractor shall furnish Free Standing Kiosk Enclosures IAW PWS Section 5.2.2.

FOB: Destination Inspection/Acceptance: Destination

TBP

TBD

IAW PWS Section 5.2.2

IAW PWS Section 5.3.4

The contractor shall furnish kiosk replacement parts, as identified in the sub-CLINs IAW PWS Section 5.

TBP

TBD

TBP

TBD

TBP

TBD

The contractor shall furnish all personnel, facilities, services, travel, delivery, and materials necessary to install the Kiosks ordered in CLINs 4001 and 4002, IAW PWS Section 5.3.

Through-the-wall Kiosk Enclosure

TBP

TBD

Through-the-wall Kiosk Enclosure

TBP

TBD

Free Standing Indoor Kiosk Enclosure

TBP

TBD

Free Standing Indoor Kiosk Enclosure

TBP

TBD

Replacement Parts – Touch Screen

TBP

TBD

Replacement Parts – Thermal Printer

TBP

TBD

Replacement Parts – Power Surge Device

TBP

TBD

Replacement Parts – Touch Screen

TBP

TBD

Replacement Parts – Thermal Printer

TBP

TBD

Replacement Parts – Power Surge Device

TBP

TBD

The contractor shall furnish all personnel, facilities, services, and materials necessary to maintain Kiosks.

The contractor shall provide a monthly rate to maintain a kiosk as detailed in the PWS Section 5.4.

FOB: Destination Inspection/Acceptance: Destination

TBP

TBD

IAW PWS Section 5.1.1

IAW PWS Section 5.1.2

IAW PWS Section 5.4

IAW PWS Section 6.2

IAW PWS Section A3.4

Total Ordering Period Five

B.1.1 Contract Maximum/Minimum

In accordance with Section C, clause 52.216-22 entitled, “Indefinite Quantity” the maximum value of the NCA Kiosks Installation and Maintenance Services contract is $2,357,705.00. The cumulative value of all Delivery Orders issued under the NCA Kiosks Installation and Maintenance Services contract shall not exceed $2,357,705.00.

In accordance with Section C, clause 52.216-22 entitled, “Indefinite Quantity” the Minimum guaranteed value under the NCA Kiosks Installation and Maintenance Services contract is $10,000.00 and shall be met through the issuance of the first delivery order.

B.1.2 GOVERNING LAW:

Federal law and regulations, including the Federal Acquisition Regulations (FAR), shall govern this Contract/Order. Commercial license agreements may be made a part of this Contract/Order but only if both parties expressly make them an addendum hereto. If the commercial license agreement is not made an addendum, it shall not apply, govern, be a part of or have any effect whatsoever on the Contract/Order; this includes, but is not limited to, any agreement embedded in the computer software (clickwrap), any agreement that is otherwise delivered with or provided to the Government with the commercial computer software or documentation (shrinkwrap), or any other license agreement otherwise referred to in any document. If a commercial license agreement is made an addendum, only those provisions addressing data rights regarding the Government’s use, duplication and disclosure of data (e.g., restricted computer software) are included and made a part of this Contract/Order, and only to the extent that those provisions are not duplicative or inconsistent with Federal law, Federal regulation, the incorporated FAR clauses and the provisions of this Contract/Order; those provisions in the commercial license agreement that do not address data rights regarding the Government’s use, duplication and disclosure of data shall not be included or made a part of the Contract/Order. Federal law and regulation including, without limitation, the Contract Disputes Act (41 U.S.C. § 7101 et seq.), the Anti-Deficiency Act (31 U.S.C. § 1341 et seq.), the Competition in Contracting Act (41 U.S.C. § 3301 et seq.), the Prompt Payment Act (31 U.S.C. §3901 et seq.), Contracts for Data Processing or Maintenance (38 USC § 5725), and FAR clauses 52.212-4, 52.227-14, 52.227-19 shall supersede, control, and render ineffective any inconsistent, conflicting, or duplicative provision in any commercial license agreement. In the event of conflict between this Clause and any provision in the Contract/Order or the commercial license agreement or elsewhere, the terms of this Clause shall prevail. Claims of patent or copyright infringement brought against the Government as a party shall be defended by the U.S. Department of Justice (DOJ). 28 U.S.C. § 516. At the discretion of DOJ, the Contractor may be allowed reasonable participation in the defense of the litigation. Any additional changes to the Contract/Order must be made by contract/order modification (Standard Form 30) and shall only be effected by a warranted Contracting Officer. Nothing in this Contract/Order or any commercial license agreement shall be construed as a waiver of sovereign immunity.

B.1.3 SOFTWARE LICENSE, MAINTENANCE AND TECHNICAL SUPPORT:

1. Definitions.

1. Licensee. The term “licensee” shall mean the U.S. Department of Veterans Affairs (“VA”) and is synonymous with “Government.”

1. Licensor. The term “licensor” shall mean the contractor having the necessary license or ownership rights to deliver license, software maintenance and support of the computer software being acquired. The term “contractor” is the party identified in Block 17a on the SF1449. If the contractor is a reseller and not the Licensor, the contractor remains responsible for performance under this order.

1. Software. The term “software” shall mean the licensed computer software product(s) cited in the Schedule of Supplies/Services.

1. Maintenance. The term “maintenance” is the process of enhancing and optimizing software, as well as remedying defects. It shall include all new fixes, patches, releases, updates, versions and upgrades, as further defined below.

1. Technical Support. The term “technical support” refers to the range of services providing assistance for the software via the telephone, email, a website or otherwise.

1. Release or Update. The term “release” or “update” are terms that refer to a revision of software that contains defect corrections, minor enhancements or improvements of the software’s functionality. This is usually designated by a change in the number to the right of the decimal point (e.g., from Version 5.3 to 5.4). An example of an update is the addition of new hardware.

1. Version or Upgrade. The term “version” or “upgrade” are terms that refer to a revision of software that contains new or improved functionality. This is usually designated by a change in the number to the left of the decimal point (e.g., from Version 5.4 to 6).

1. Software License

(a) Unless otherwise stated in the Schedule of Supplies/Services, the Performance Work Statement or Product Description, the software license provided to the Government is a perpetual, nonexclusive license to use the software

(b) The Government may use the software in a networked environment.

(c) Any dispute regarding the license grant or usage limitations shall be resolved in accordance with the Disputes Clause incorporated in FAR 52.212-4(d).

(d) All limitations of software usage are expressly stated in the Schedule of Supplies/Services and the Performance Work Statement/Product Description.

1. Software Maintenance and Technical Support

(a) If the Government desires to continue software maintenance and support beyond the period of performance identified in this contract or order, the Government will issue a separate contract or order for maintenance and support. Conversely, if a contract or order for continuing software maintenance and technical support is not received the contractor is neither authorized nor permitted to renew any of the previously furnished services.

(b) The contractor shall provide software support services, which includes periodic updates, enhancements and corrections to the software, and reasonable technical support, all of which are customarily provided by the contractor to its commercial customers so as to cause the software to perform according to its specifications, documentation or demonstrated claims.

(c) Any telephone support provided by contractor shall be at no additional cost.

(d) The contractor shall provide all maintenance services in a timely manner in accordance with the contractor’s customary practice or as defined in the Performance Work Statement/Product Description. However, prolonged delay (exceeding 2 business days) in resolving software problems will be noted in the Government’s various past performance records on the contractor (e.g., www.ppirs.gov).

(e) If the Government allows the maintenance and support to lapse and subsequently wishes to reinstate it, any reinstatement fee charged shall not exceed the amounts that would have been charged if the Government had not allowed the subscription to lapse.

1. Disabling Software Code. The Government requires delivery of computer software that does not contain any code that will, upon the occurrence or the nonoccurrence of any event, disable the software. Such code includes but is not limited to a computer virus, restrictive key, node lock, time-out or other function, whether implemented by electronic, mechanical, or other means, which limits or hinders the use or access to any computer software based on residency on a specific hardware configuration, frequency of duration of use, or other limiting criteria. If any such disabling code is present, the contractor agrees to indemnify the Government for all damages suffered as a result of a disabling caused by such code, and the contractor agrees to remove such code upon the Government’s request at no extra cost to the Government. Inability of the contractor to remove the disabling software code will be considered an inexcusable delay and a material breach of contract, and the Government may exercise its right to terminate for cause. In addition, the Government is permitted to remove the code as it deems appropriate and charge the Contractor for consideration for the time and effort expended in removing the code.

Manuals and Publications. Upon Government request, the contractor shall furnish the most current version of the user manual and publications for all products/services provided under this contract or order at no cost.

B.2 ORDERING PROCEDURES

a. Orders against this contract will be issued at the sole discretion of the Government by a VA Contracting Officer during the period of the award date through 60 months thereafter. Upon receipt of a Delivery Order, the contractor shall provide the supplies and services at the prices set forth in the schedule above.

b. Orders may be issued only as Firm Fixed Price. Each order is a stand-alone order. Regardless of the actual delivery date of a kiosk, the installation of replacement parts, or the period of performance for maintenance, the price for the kiosk/parts or maintenance shall remain the same as the ordering period the Delivery Order was issued in.

B.3 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: TBD

b. GOVERNMENT: Contracting Officer 36C10A

Department of Veterans Affairs Office of Acquisition Operations Technology Acquisition Center - Austin 1701 Directors Blvd, Suite 600 Austin TX 78744

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

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 Veteran Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-8971

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS Clauses 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.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause) FAR Number

Title

Date

C.2 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008)

The bidder or offeror agrees that if a contract is awarded to him/her, as a result of this solicitation, he/she will not advertise the award of the contract in his/her commercial advertising in such a manner as to state or imply that the Department of Veterans Affairs endorses a product, project or commercial line of endeavor.

(End of Clause)

C.3 VAAR 852.203-71 DISPLAY OF DEPARTMENT OF VETERAN AFFAIRS HOTLINE POSTER (DEC 1992)

(a) Except as provided in paragraph (c) below, the Contractor shall display prominently, in common work areas within business segments performing work under VA contracts, Department of Veterans Affairs Hotline posters prepared by the VA Office of Inspector General.

(b) Department of Veterans Affairs Hotline posters may be obtained from the VA Office of Inspector General (53E), P.O. Box 34647, Washington, DC 20043-4647.

(c) The Contractor need not comply with paragraph (a) above if the Contractor has established a mechanism, such as a hotline, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports.

(End of Clause)

C.4 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001.

(2) Designated agency office has the meaning given in 5 CFR 1315.2(m).

(3) Electronic form means an automated system transmitting information electronically according to the Accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests.

(4) Invoice payment has the meaning given in FAR 32.001.

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System. (See Web site at http://www.fsc.va.gov/einvoice.asp.)

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI). The X12 EDI Web site (http://www.x12.org) includes additional information on EDI 810 and 811 formats.

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances below, the contracting officer directs that payment requests be made by mail, the contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for:

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause)

C.5 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of TBD. Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from.

(End of Clause)

C.6 VAAR 852.246-70 GUARANTEE (JAN 2008)

The contractor guarantees the equipment against defective material, workmanship and performance for a period of 12 Months, said guarantee to run from date of acceptance of the equipment by the Government. The contractor agrees to furnish, without cost to the Government, replacement of all parts and material that are found to be defective during the guarantee period. Replacement of material and parts will be furnished to the Government at the point of installation, if installation is within the continental United States, or f.o.b. the continental U.S. port to be designated by the contracting officer if installation is outside of the continental United States. Cost of installation of replacement material and parts shall be borne by the contractor.

(End of Clause)

C.7 VAAR 852.246-71 INSPECTION (JAN 2008)

Rejected goods will be held subject to contractors order for not more than 15 days, after which the rejected merchandise will be returned to the contractor's address at his/her risk and expense. Expenses incident to the examination and testing of materials or supplies that have been rejected will be charged to the contractor's account.

(End of Clause)

C.8 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from January 01, 2018 through December 31, 2022.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause)

C.9 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $3,500, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $2,357,705.00;

(2) Any order for a combination of items in excess of $2,357,705.00; or

(3) A series of orders from the same ordering office within 10 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.10 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after December 31, 2022, and shall complete all current deliveries or installation within 90 days after contract expiration.

(End of Clause)

C.11 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective—

(1) For such period as the laws of the State in which this contract is to be performed prescribe; or

(2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

(End of Clause)

C.12 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause) (End of Addendum to 52.212-4) C.13 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (NOV 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).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

___ (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).

X (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] X (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X (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 Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved] X (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

X (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Nov 2016) of 52.219-9.

___ (iii) Alternate II (Nov 2016) of 52.219-9.

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Nov 2016) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

X (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

X (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of…