S06 36C10A21Q0090 0002 Amendment.pdf

5. PROJECT NUMBER (if applicable)

CODE 7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NUMBER

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NUMBER 3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED

PAGE OF PAGES

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED

BPA NO. 1. CONTRACT ID CODE

FACILITY CODE CODE

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 11/2016)

is required to sign this document and return ___________ copies to the issuing office. is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER 16A. NAME AND TITLE OF CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30 PREVIOUS EDITION NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.243

(Type or print) (Type or print)

(Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(Number, street, county, State and ZIP Code)

(If other than Item 6)

(Specify type of modification and authority)

(such as changes in paying office, appropriation date, etc.)

(If required)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

CHECK

ONE

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer)

1 6

February 19, 2021

NA

Department of Veterans Affairs Technology Acquisition Center - Austin

1701 Directors Blvd, Suite 600 Austin TX 78744

Y

Department of Veterans Affairs Technology Acquisition Center - Austin

1701 Directors Blvd, Suite 600 Austin TX 78744

To all Offerors/Bidders

36C10A21Q0090

02-11-2021

X

X X

Wireless Medical Telemetry Systems Frequency Coordination, Registration, and Allocation Services.

The purpose of this amendment is to increase the quantities ceiling by 500 in Contract Line Item Numbers 1001AB, 2001AB, 3001AB, 4001AB, and 5001AB; to remove the Software License, Maintenance and Technical Support language;

and to remove Federal Acquisition Regulation (FAR) clauses 52.203-16, Preventing Personal Conflicts of Interest, and 52.227-19, Commercial Computer Software License.

The Offeror shall acknowledge receipt of this amendment on the submitted offer.

Diana B. Armesto

2/19/2021

Request for Quotation: 36C10A21Q0090 Contract: TDB

Amendment 0002

1. The combined synopsis/solicitation is amended to increase the quantities ceiling by 500 in Contract Line Item Numbers (CLIN) 1001AB, 2001AB, 3001AB, 4001AB, and 5001AB; to remove the Software License, Maintenance and Technical Support language; and to remove Federal Acquisition Regulation (FAR) clauses 52.203-16, Preventing Personal Conflicts of Interest, and 52.227-19, Commercial Computer Software License.

2. As a result of paragraph 1 above, the combined synopsis/solicitation is more specifically amended as follows:

a. Section B3. Schedule of Supplies/Services: The quantities ceiling is increased by 500 in CLIN 1001AB, 2001AB, 3001AB, 4001AB, and 5001AB;

and the "Software License, Maintenance and Technical Support" clause language is removed; therefore, B3. Schedule of Supplies/Services is replaced with the following:

All services shall be in accordance with the Performance Work Statement (PWS), entitled “Enterprise Wireless Medical Telemetry Systems Frequency Coordination, Registration, and Allocation Services,” dated February 1, 2021, as set forth in Section D. Orders will be issued in accordance with the following CLIN structure:

Contract Line Item Number

(CLIN)

DESCRIPTION OF

SUPPLIES/SERVICES

QTY

UNIT

PRICE

AMOUNT

The contractor is required to provide the

Enterprise Wireless Medical Telemetry Systems (WMTS) Frequency Coordination, Registration, and Allocation Services

Contract Type: FFP

Integrated Funds Distribution, Control Point Activity, Accounting and Procurement (IFCAP) Number: To Be Provided on Individual Orders

Acquisition Request Module (ARM): To Be Provided on Individual Orders

Inspection/Acceptance/F.O.B. Point:

Destination

Period of Performance (POP): 60-month Ordering and Performance Period from the date of award

Contract Line Item

Descriptive Data: This is a 60-month effort for enterprise WMTS frequency coordination, registration, and allocation services IAW the PWS set forth in Section J, Attachment 1 of this contract. The Contractor shall furnish all personnel, facilities, services, materials, supplies, travel and otherwise perform all actions necessary to accomplish the requirements for the individual FFP task orders issued under this Contract.

Ordering Sub-Period 1 1001AA Enterprise WMTS Frequency

Coordination, Registration, and Allocation Services for the first 500 quantities ordered during the period.

POP: 12 months from date of award.

Up to

EA $ To Be Priced (TBP)

Not to Exceed

(NTE) $TBP

1001AB Enterprise WMTS Discounted Frequency Coordination, Registration, and Allocation Services for quantities 501 and above ordered during the period.

POP: 12 months from date of award.

through 3,579

EA $TBP NTE $TBP

Total NTE Ordering Sub-Period 1 Value: $TBP

Ordering Sub-Period 2 2001AA Enterprise WMTS Frequency

Coordination, Registration, and Allocation Services for the first 500 quantities ordered during the period.

POP: 12 months from completion of ordering sub-period 1.

Up to

EA $TBP NTE $TBP

2001AB Enterprise WMTS Discounted Frequency Coordination, Registration, and Allocation Services for quantities 501 and above ordered during the period.

POP: 12 months from completion of ordering sub-period 1.

through 1,771

Total NTE Ordering Sub-Period 2 Value: $TBP

Line Item

Ordering Sub-Period 3

3001AA Enterprise WMTS Frequency Coordination, Registration, and Allocation Services for the first 500 quantities ordered during the period.

POP: 12 months from completion of ordering sub-period 2.

Up to

EA $TBP NTE $TBP

3001AB Enterprise WMTS Discounted Frequency Coordination, Registration, and Allocation Services for quantities 501 and above ordered during the period.

POP: 12 months from completion of ordering sub-period 2.

through 1,771

Total NTE Ordering Sub-Period 3 Value: $TBP

Ordering Sub-Period 4 4001AA Enterprise WMTS Frequency

Coordination, Registration, and Allocation Services for the first 500 quantities ordered during the period.

POP: 12 months from completion of ordering sub-period 3.

Up to

EA $TBP NTE $TBP

4001AB Enterprise WMTS Discounted Frequency Coordination, Registration, and Allocation Services for quantities 501 and above ordered during the period.

POP: 12 months from completion of ordering sub-period 3.

through 1,771

Total NTE Ordering Sub-Period 3 Value: $TBP

Ordering Sub-Period 5 5001AA Enterprise WMTS Frequency

Coordination, Registration, and Allocation Services for the first 500 quantities ordered during the period.

POP: 12 months from completion of ordering sub-period 4.

Up to

Line Item

5001AB Enterprise WMTS Discounted Frequency

Coordination, Registration, and Allocation Services for quantities 501 and above ordered during the period.

POP: 12 months from completion of ordering sub-period 4.

through 1,771

EA $TBP NTE $TBP

Total NTE Ordering Sub-Period 5 Value: $TBP Total NTE Contract Value: $TBP

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. Section C.1 FAR 52.252-2 Clauses Incorporated by Reference removes

FAR clauses 52.203-16 "Preventing Personal Conflicts of Interest" and 52.227-19 "Commercial Computer Software License." is replaced with the following:

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/oamm/oa/ars/policyreg/vaar/index.cfm

FAR Clause

Title

Date

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON

RECYCLED PAPER

MAY 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT

MAINTENANCE

OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

NOV 2014

52.212-4 CONTRACT TERMS AND CONDITIONS-

COMMERCIAL ITEMS

OCT 2018

52.227-01 AUTHORIZATION AND CONSENT (DEC 2007) DEC 2007

52.227-02 NOTICE AND ASSISTANCE REGARDING PATENT

AND COPYRIGHT INFRINGEMENT

DEC 2007

52.227-14 RIGHTS IN DATA – GENERAL ALT IV DEC 2007

52.227-16 ADDITIONAL DATA REQUIREMENTS JUN 1987

52.232-37 MULTIPLE PAYMENT ARRANGEMENTS MAY 1999

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

DEC 2013

52.237-3 CONTINUITY OF SERVICES JAN 1991

(End of clause)

3. All other terms and conditions remain unchanged. See attached revised synopsis/solicitation 36C10A21Q0090.