36C10D24Q0189 02.docx

36C10D24Q0189

PAGE 1 OF

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.

UEI:

EFT:

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. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

VA

F36B349-24-0000010

07-01-2024 Tracey Robinson 508-562-1887 07-26-2024 4pm

EDT

00101 Department of Veterans Affairs Veterans Benefits Administration Acquisition Directorate 1800 G Street NW Washington DC 20006

X

532420 $40 Million

N/A

00101 Department of Veterans Affairs Veterans Benefits Administration Waco Regional Office 701 Clay Ave Waco TX 76799 00101 Department of Veterans Affairs Veterans Benefits Administration Acquisition Directorate 1800 G Street NW Washington DC 20006

All invoices must be e-mailed to:

Tungsten; See Invoicing Instructions

See CONTINUATION Page

Lease and Preventative Maintenance Agreement for Twenty-five (25) Multi-Functional Devices for the

Waco VBA Regional Office and Out-based Offices per the SOW.

See the attached Statement of Work for Details.

Questions are due Tuesday, July 16 by 12:00 pm CDT.

Quotes are due Friday, July 26 by 4:00 pm EST.

Email Questions and Quotes to Tracey.Robinson3@va.gov

$0.00

See CONTINUATION Page

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C10D Department of Veterans Affairs Veterans Benefits Administration Acquisition Directorate 1800 G Street NW Washington DC 20006

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.

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

INVOICING INSTRUCTIONS:

General invoicing instructions are included here.

Payment provided under the terms of this contract will be made Monthly in arrears for all services rendered and/or deliverables submitted and approved by the VA.

GOVERNMENT INVOICE ADDRESS:

TUNGSTEN (OB10) ELECTRONIC INVOICE SUBMISSION

FSC e-INVOICE PROGRAM THROUGH AUSTIN PORTAL

FSC MANDATORY ELECTRONIC INVOICE SUBMISSION FOR AUSTIN PAYMENTS

Please include in all invoices the Contract/Purchase Order Number, or Task/Delivery Order Number.

All invoices need to also be submitted using the same line item format in the contract or order.

Vendor Electronic Invoice Submission Methods:

Fax, email and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted data transmissions below.

1. VA’s Electronic Invoice Presentment and Payment System – The Financial Services Center (FSC) in Austin, TX uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

2. A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI). The X12 EDI Web site is http://www.x12.org.

Vendor e-Invoice Set-up Information:

Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center in Austin, TX for payment processing. If you have questions about the payment status of a properly submitted invoice, the e-invoicing program, or Tungsten, please contact the FSC at the phone number or email address listed below.

· Tungsten e-Invoice setup information: 1-877-489-6135

· Tungsten e-Invoice email: VA.Registration@tungsten-network.com

· VA TUNGSTEN Number: AAA544240062

· FSC e-Invoice contact information: 1-877-353-9791

· FSC e-Invoice email: vafsccshd@va.gov

· FSC Internet: http://www.fsc.va.gov/einvoice.asp

DEPARTMENT OF VETERANS AFFAIRS

Veterans Benefits Administration 701 Clay Avenue Waco, TX 76799 Statement of Work (SOW)

Waco Regional Office Multi-Functional Device Specifications and Maintenance Statement of Work (SOW)

1. Introduction

The Department of Veterans Affairs Waco Regional Office facility located at 701 Clay Avenue, Waco, TX, 76799, has a requirement beginning July 1, 2024, for a 60-month Lease with a Flat-Rate Monthly Fee plan for 25 new Multi-Functional Devices (MFD), 5 full color and 20 black and white, which includes all consumable supplies (except paper), and full maintenance services including repair parts. The VA intends to make a single (all or none), firm-fixed-price award for a 12-month period with four (4) option years.

1.1. Background

A responsive and professional copier service company will be required to ensure maintenance, operating supplies, and services are provided to meet the requirements of the organization in a timely and adequate manner. The selected contractor must be able to respond to deliveries, installation, operating supplies replacements, scheduled maintenance and incidental services during the lease period described herein, as well as be prepared with emergency response capabilities to respond to unserviceable equipment and operating supplies included in the maintenance service operating supplies agreement periods.

2. Scope

The contractor shall provide the below requirements:

The contractor shall furnish all repair parts, labor, transportation, and supplies required to accomplish inspecting, cleaning, lubricating, adjusting, calibrating, and vacuuming (if required), and repairing of the copiers. Contractor shall maintain the leased copiers at levels necessary to provide the specified functions to meet the manufacturer’s current equipment specifications. The 60-month lease includes a Flat-Rate Monthly Fee plan with no intent to purchase the equipment at the end of the lease agreement period. There will not be a per fax/scan/copy/print charges regardless of volume. Ownership of the asset/copiers remains with the prospective contractor. Any additional MFD’s added to this contract after the contract start date will be coterminous with the original contract end date.

The operating lease agreement will begin on the effective date of award with a base period of 12 months and four 12-month option periods. Orders issued under the contract will provide the ability to updated equipment requirements that includes fair market pricing, operating lease period(s), required installation dates, incidental relocations, services, delivery, and non-network installation of equipment.

Further, the operating lease agreement must include new equipment, full service maintenance, preventative maintenance, all operational/consumable supplies with paper being the exception. Additionally, the lease must provide key operator training, networking functionality, security accreditation along with technical and network installation capability.

Connectivity for LAN capability must be able to support industry's most current software applications and network operating systems to allow for desktop printing and scanning to the network. All devices are required to have passed the Department of Veterans Affairs’ vulnerability testing for network peripheral devices. (Note: This capability is non-negotiable and shall be demonstrated prior to the award of the contract.)

The devices shall be Energy Star qualified.

The installation at each of the offices identified under the lease agreement is also required.

3. Tasks

3.1. General Requirements

Initial acceptance will be at the discretion of the acceptor during the delivery. All items required must be fully functional, present, and compatible as required.

Delivery must be made on the Delivery/Installation date shown on the order. The quoters (Offerors) must provide within its quote a statement of understanding regarding delivery/installation date, which must be part of the lease agreement, and each order under the contract.

The leasing includes the lease of the physical machines based on the requirements of each individual room location, and the provision of operating supplies, appropriate service, and maintenance (both preventive and reparative) to ensure the devices are in working order.

The Contractor shall flow down all pertinent terms and conditions of this contract to its subcontractors, including all requirements involving deliveries, installation, and maintenance.

The Contractor shall demonstrate that the device is properly functioning upon completion of installation. This demonstration shall be accomplished pursuant to the operating instructions furnished with each copier and in the presence of the specific Key Office Operator.

The Contractor shall take necessary steps to ensure that complete action (installation, exchange, removal, etc.) is made within the delivery schedule specified in the order issued under the lease agreement (contract). Complete delivery/installation is defined that all components/optional features/equipment simultaneously fully functioning and supplies provided according to regular schedule maintenance schedule provided with the quotation.

Should the government elect to relocate its office to another facility/building or location devices will then be moved to the new location by the contractor at no additional cost, as a one-time courtesy.

A single toll free "800" Help Desk telephone number must be provided for Key Office Operators to call for field technical support assistance. The contractor shall respond to written/oral requests from the Key Office Operator for service calls.

4. Specific Requirements/Tasks

4.1 Specifications

All devices shall comply with the following:

· Section 508 of the Rehabilitation Act of 1973

· Architectural and Transportation Barriers Compliance Board’s Electronic and Information Technology Accessibility Standards

· Executive Order 13123, Greening the Government through Efficient Energy Management

· Executive Order 13221, Energy-Efficient Standby Power Devices

· Operating features shall conform to the requirements of the American National Standards Institute (ANSI) and Underwriters Laboratories (UL).

· Must be FIPS 140-2 compliant

· Must be Common Criteria EAL level 2 compliant

· Must meet all applicable security recommendations as set forth by the Department of Veterans Affairs Enterprise Security Solutions Service – Multi-functional Device Security Guideline.

· Each MFD shall be configured to copy, print, scan, fax, and have network compatibility

· The devices shall be multi-tasking, not just multifunctional. Each component or subsystem should function independently.

· Devices shall be categorized as newly manufactured and not remanufactured equipment.

· Shall have a self-diagnostic system with automated error reporting.

· Shall have functional independence to where if one module becomes inoperative, the others should continue to run

· Power source of 110 volts and 15-20 amp (not to exceed 20 amps)

· Laser technology

· Two trays of at least 500 sheet capacity

· Two additional trays for additional sheet capacity of varying sizes up to 11” x 17”

· 100 sheet bypass tray

· Copy speeds between 50-65 ppm not to exceed 65 ppm

· Copy resolution 600 x 600 dpi

· Reversing Automatic Document Feeder

· Automatic duplexing

· Reduction/Enlargement

· Exposure (lighten/darken)

· Print resolution up to 1200 x 1200 dpi

· Scan speeds at least 80 ipm simplex and 180 ipm duplex

· Scan resolution up to 600 x 600 dpi

· Scan area up to 11” x 17”

· Color Scanning

· Fax resolution at least 200 x 200 dpi

· 2-sided scan/print fax capability

· 1,000 – 2,000 sheet finisher with multi-position stapler

· Minimum 250 GB hard drive

· Minimum 1.5 GHz processor

· Minimum 4 GB memory

· Smartcard (HSPD-12 PIV) authentication capabilities

4.2 Device Supplies

Contractor shall provide device supplies shown in the scope of work to maintain continuous operation of the device. Contractor shall stock an adequate quantity of supplies for each office’s copier. Each Key Office Operator will collaborate with the contractor to maintain continuous operation, as agreed in the lease agreement.

4.2.1 Consumable Supplies

The Contractor shall provide consumable supplies in accordance with lease agreement/contract terms and conditions in accordance with the following process:

· Upon initial delivery, the Contractor shall provide a minimum of one month and a maximum of two months’ worth of consumable supplies for each copier. These supplies will be stored by customer agencies.

· Toner shall be checked during Technician service calls and replenished by the contractor, if required. An adequate supply of toner must be stored at each office and available for the Office Key Operator to use to replace those items to keep the devices operational. All used cartons will be placed in an area designated by the Key Office Operator in which the contractor should maintain adequate inventory levels. Copier paper is not the responsibility of the Contractor.

· The Contractor shall deliver supplies during the hours of 8:00 a.m. through 4:00 p.m. (CST) Monday through Friday, excluding Federal holidays.

· The contractor shall respond to verbal requests for additional consumable supplies under the following conditions: The government’s designated representative may make emergency requests for consumable supplies verbally. Orders will state the quantity and type of consumable supplies required and the location and serial number of the copier for which the additional consumable supplies are being ordered. The contractor shall deliver additional consumable supplies within a period of twenty-four hours after receipt of verbal order.

· No overage charges: The government pays a flat-rate monthly fee per device, regardless of the number of impressions made each month. The impression volume allowance per month is unlimited per device.

The Contractor will supply the COR all applicable SDS sheets for all products placed into service.

4.2.2 Copier Maintenance and Government Options

The contractor shall perform all device maintenance (both preventive and reparative). This maintenance includes all parts and labor. The contractor shall respond to all maintenance requests within two (2) to four (4) hours of notification. Devices that cannot be repaired shall be replaced within 2 days. Only qualified personnel, materials, spare parts, tool, hardware/software and network components necessary to perform the service shall be provided by the contractor.

4.2.3 Preventative Maintenance

The contractor shall regularly and systematically examine, clean, lubricate, test, adjust the equipment, and as conditions warrant, repair or replace equipment included under the contract. The contractor shall ensure that each copier operates as originally designed and installed.

4.2.4 Device Replacement

For purposes of this contract, the minimum acceptable level of performance for each device is 90% uptime. The Government's definition of uptime is the full functioning of all the features available on the unit simultaneously. Malfunctioning (downtime), even if a device still copies after an original is placed on the platen, includes the nonfunctioning of the feeder, sorter, paper drawer, and anything else that is necessary for the full functioning of the features available on the unit simultaneously. The failure of any device to meet the uptime standard of 90% in one 60-day period will result in a determination by the identified Key Office Operator/Contracting Officer and Contractor's authorized representative whether to replace the device. As an alternative, the Contractor's representative may certify on the repair record that sufficient repairs have been made to preclude additional abnormal breakdowns. If in the 30 days after such certification, the device continues to function below the 90% uptime threshold, the Contractor shall replace the device with the concurrence of the Contracting Officer and at no additional cost to the Government. The Contractor shall deliver and install replacement devices within two (2) working days after the replacement determination.

4.3 Device Backup

The Contractor shall have an adequate working inventory of devices in order to provide backup support for all volume bands. When a malfunctioning device cannot be repaired within the on-site repair time, the VA will have the option of requesting a backup device. The Contractor shall supply such a backup device within eight (8) working hours after notification by the Key Office Operator. Backup devices shall meet or exceed the capabilities of the devices to be replaced. The Contractor's charge for use of the backup device shall be the same as and in lieu of the charges for the device being replaced. For this purpose only, remanufactured equipment may be used until a replacement device is delivered.

· Backup devices are generally expected to remain in place for five working days or less, but in unusual cases, a backup device may remain in place for as long as 30 days. If the original device has not been repaired and reinstalled at the end of 30 days, the Contractor shall provide a replacement device equal to or superior to the original device model. The Contractor shall supply the model number, serial number and location of the replacement device to the Contracting Officer Representative (COR). In such circumstances, the backup device may become the replacement device, and another unit shall be designated for future backup requirements.

4.4. Contractor Reports

The contractor shall provide to the COR a monthly usage report. The report shall contain number of impressions produced for each device.

· The contractor shall maintain the entire history of devices as indicated. The report must include make, model, serial number, location, install date and volume. The Inventory Report shall be provided to the COR on an annual basis with a final report to be provided within 10 days of the conclusion of contract performance.

· A Service History Report shall be issued to the COR for all leased devices on a yearly basis. The report shall include make, model, serial number, location, and description of each problem and the response time to repair requests.

4.5. Employee Identification

Contractor personnel shall wear an identification badge that, at minimum, displays the company’s name, the employee’s photo, and employee’s name. Contractor personnel shall comply with all Government rules and regulations while at the facility.

4.6. Period of Performance

The base year Period of Performance will be 12 months with four (4) twelve (12) month option periods beginning July 1, 2024.

Termination Amortization Schedule: A termination amortization schedule shall be included as an attachment of the awarded contract. If the Government does not exercise any of the options listed in the Price/ Cost Schedule, the Government’s not exercising the options will have the same effect as if the Government terminated for convenience. All remedies afforded to the contractor in regards to a termination for convenience shall be available to the contractor.

4.7. Hours of Operation

All work shall be completed during the site’s normal operating hours of 8:00 a.m. to 4:00 p.m. Monday through Friday excluding federal holidays. Federal holidays are New Year’s Day, Martin Luther King Jr. Day, President’s Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day.

4.8. Payments

Contractor shall submit invoices monthly in arrears electronically through Tungsten that include the following information: 1) Contract and obligation numbers; 2) Company name, address and phone number; 3) Monthly contracted lease rate (which includes the maintenance service fee); 4) Invoice number and date (note that each invoice must have a different invoice number). Payments will be electronic funds transfer (EFT). An ACH form will be provided upon award, if necessary, to initiate this process. See SF 1449 for Bill To Address.

4.9. Definitions

For purposes of this acquisition, the following definitions apply:

Contracting Officer (CO): The Government representative who possesses the overall responsibility of the successful performance/completion of the contact/lease agreement Backup Devices: Those devices installed in place of malfunctioning devices to provide temporary relief until the original device is repaired or until a replacement device is installed Contracting Officer's Representative (COR): The individual who may be designated by the CO to have responsibility for performance of all technical aspects of the contract Key Office Operator: The Waco Regional Office employee who is specifically designated and trained to deal with day-to-day issues such as paper jams, paper replenishment and other minor events for an individual device. The Key Office Operator handles problems which can be corrected and full performance can be restored without the need for a service call.

Operating Lease Plan (OLP): An equipment lease applicable for a stated period of time, at the end of which equipment will physically and contractually revert to the lessor, with no intent by the lessee to take ownership of the equipment at any time. The plan includes applicable commercial warranties and preventive maintenance services.

Replacement Devices: Those devices intended to remain in place for the remainder of the delivery order lease term. Replacement devices shall be at least the functional equivalent of the devices they replace.

4.10. Security

The Key Office Operator must provide the contractor with security access to gain entrance and access to copier facilities within a building. The contractor will have access to those facilities to provide the following: preventive maintenance, repairs, replenishing and installing supplies and conducting meter reads.

The term “security incident” means an event that has, or could have, resulted in loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor shall immediately (within 1 hour) notify the CO and simultaneously, the VA Network Security Operations Center (vansoc@va.gov) and the designated ISO/Privacy Officer for the contract of any known or suspected security/privacy incident, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor has access.

To the extent known by the contractor, the contractor’s notice to VA will identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information/assets were placed at risk or compromised), and any other information that the contractor considers relevant.

Contractor will simultaneously report the incident to the appropriate law enforcement entity(ies) of jurisdiction in instances of theft or break-in. The contractor, its employees, and its subcontractors and their employees will cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor will cooperate with VA in any civil litigation to recover VA information, to obtain monetary or other compensation from a third party for damages arising from any incident, or to obtain injunctive relief against any third party arising from, or related to, the incident.

To the extent practicable, contractor shall mitigate any harmful effects on individuals whose VA information was accessed or disclosed in a security incident. In the event of a data breach with respect to any sensitive personal information processed or maintained by the contractor or subcontractor under the contract, the contractor is responsible for liquidated damages of $37.50 per affected individual to be paid to VA.

4.10.1 Information Technology (IT) Information Security Requirements

All Contractors and Contractor personnel shall be subject to the same Federal security and privacy laws, regulations, standards and VA policies as VA, including the Privacy Act, 5 U.S.C. §552a, and VA personnel, regarding information and information system security. Contractors must follow policies and procedures outlined in VA Directive 6500, Information Security Program, which is available at: https://www.va.gov/vapubs/ and its handbooks to ensure appropriate security controls are in place.

The C&A requirements do not apply. A Security Accreditation Package is not required.

The Contractor will not have access to VA Information Systems.

The hard drive of each MFD leased and used by the Waco Regional Office will be permanently removed by the Contractor for retention and destruction by the Waco Regional Office at the conclusion of the contract or following the conclusion of the need for a replacement or backup device. No device will be removed without the prior approval from the CO or COR.

Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor or subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor or subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).

VA information should not be co-mingled, if possible, with any other data on the contractors or subcontractor’s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA’s information is returned to the VA or destroyed in accordance with VA’s sanitization requirements. VA reserves the right to conduct onsite inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for cause or terminate for convenience.

4.11. Liquid Damages for Late Delivery

4.11.1

If the Contractor fails to deliver MFD equipment, replacement devices, maintenance/ service(s) calls, or supplies within the time specified in this contract, or any extensions granted by the Contracting Officer, the Contractor shall, in place of actual damages, pay to the Government as fixed and agreed, liquidated damages for each calendar day of delay, the sum of one-twentieth (1/20) of the anticipated monthly lease price for each copier for which delivery or service is not performed. However, the total of liquidated damages assessed shall not exceed the monthly lease cost of the copier. In the event of conflict between this provision and the laws and standards promulgated by the Financial Accounting Standards Board regarding the accounting treatment of leases, the latter shall govern.

4.11.2

The Contractor, at the Government's option, shall not be assessed with liquidated damages when the delay in delivery or performance arises out of causes beyond the control and without the fault or negligence of the Contractor. The Contractor shall submit reasons for such non-performance to the Contracting Officer in writing within 3 business days of such delay.

5. Locations

Color / B&W

VA Regional Office 701 Clay Avenue Waco, TX 76706

VA Outbased Office 1150 Estates Drive Abilene, TX 79602

VA Outbased Office 1600 E. Pioneer Pkwy Suite 400 Arlington, TX 76010

VA Outbased Office 12515 Research Blvd Building 7, Suite 160 Austin, TX 78759

VA Outpatient Clinic 7901 Metropolis Dr Room IH 107 Austin, TX 78744

VA Medical Center 4500 Lancaster Road Building TT52 Dallas, TX 75216

VA Outbased Office Shoemaker Center Building 36000 36000 Darnall Loop Room 2706 Fort Hood, TX 76542

VA Outbased Office Shoemaker Center Building 36000 36000 Darnall Loop Room 412 Fort Hood, TX 76544

VA Outbased Office 7500 Viscount Blvd Suite C-50 El Paso, TX 79930

VA Outpatient Clinic 5001 N. Piedras Street Room B213 El Paso, TX 79930

VA Outpatient Clinic 5001 N. Piedras Street Room B224 El Paso, TX 79930

VA Outbased Office 5620 Old Bullard Road Suite 128 Tyler, TX 75703

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

MFD Lease for the Waco Regional Office and Out-based Sites IAW SOW - Lease with a Flat-Rate Monthly Fee plan for 25 new Multi-Functional Devices (MFD), 5 full color and 20 black and white, which includes all consumable supplies (except paper), and full maintenance services including repair parts.

Contract Period: Base POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 532420 - Office Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W067 - Lease or Rental of Equipment - Photographic Equipment

MFD Lease for the Waco Regional Office and Out-based Sites IAW SOW - Lease with a Flat-Rate Monthly Fee plan for 25 new Multi-Functional Devices (MFD), 5 full color and 20 black and white, which includes all consumable supplies (except paper), and full maintenance services including repair parts.

Contract Period: Option 1 POP Begin: 10-01-2025 POP End: 09-30-2026

MFD Lease for the Waco Regional Office and Out-based Sites IAW SOW - Lease with a Flat-Rate Monthly Fee plan for 25 new Multi-Functional Devices (MFD), 5 full color and 20 black and white, which includes all consumable supplies (except paper), and full maintenance services including repair parts.

Contract Period: Option 2 POP Begin: 10-01-2026 POP End: 09-30-2027

MFD Lease for the Waco Regional Office and Out-based Sites IAW SOW - Lease with a Flat-Rate Monthly Fee plan for 25 new Multi-Functional Devices (MFD), 5 full color and 20 black and white, which includes all consumable supplies (except paper), and full maintenance services including repair parts.

Contract Period: Option 3 POP Begin: 10-01-2027 POP End: 09-30-2028

MFD Lease for the Waco Regional Office and Out-based Sites IAW SOW - Lease with a Flat-Rate Monthly Fee plan for 25 new Multi-Functional Devices (MFD), 5 full color and 20 black and white, which includes all consumable supplies (except paper), and full maintenance services including repair parts.

Contract Period: Option 4 POP Begin: 10-01-2028 POP End: 09-30-2029

B.3 DELIVERY SCHEDULE

Waco VBA Regional Office 701 Clay Ave Waco, TX 76799 0001

USA

254-299-9400 brian.hoeldtke@va.gov

Waco VBA Regional Office 701 Clay Ave Waco, TX 76799 0001

USA

Waco VBA Regional Office 701 Clay Ave Waco, TX 76799 0001

USA

Waco VBA Regional Office 701 Clay Ave Waco, TX 76799 0001

USA

Waco VBA Regional Office 701 Clay Ave Waco, TX 76799 0001

USA

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES 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):

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

(End of Clause)

C.2 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)

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 10 days.

(End of Clause)

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 10 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 10 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years and 6 months.

(End of Clause)

C.5 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

The Contracting Officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee’s authority. A copy of the designation letter shall be furnished to the Contractor.

(End of Clause)

C.6 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause) C.7 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

(a) Definition. for the Department of Veterans Affairs, ‘‘Service-disabled Veteran-owned small business concern or SDVOSB’’:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.201, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.

(2) The term ‘‘Service-disabled Veteran’’ means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term ‘‘small business concern owned and controlled by Veterans with service-connected disabilities’’ has the meaning given the term ‘‘small business concern owned and controlled by service-disabled veterans’’ under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)).

(5) The term “SDVOSB participant” or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102).

(b) General. In order for a concern to submit an offer and be eligible for the award of an SDVOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be listed as an SDVOSB participant in the SBA certification database as set forth in 13 CFR 128.

(1) Offers received from entities that are not certified SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a certified SDVOSB listed in the SBA certification database who is eligible at the time of submission of offer(s) and at the time of award.

(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only certified SDVOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible and certified SDVOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70.

(d) Agreement/LOS certification. When awarded a contract action, including orders under multipleaward contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size, and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting (LOS) requirements in 13 CFR 121.406(b) and 13 CFR 125.6. For the purpose of limitations on subcontracting, only certified SDVOSBs listed in the SBA certification database (including independent contractors) shall be considered eligible and/or ‘‘similarly situated’’ (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required LOS certification requirements in this solicitation (see 852.219–75 or 852.219–76 as applicable). These requirements are summarized as follows:

(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not certified SDVOSBs listed in the SBA certification database (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/ VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases). When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(2) Supplies/products.

(i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(ii) In the case of a contract for supplies from a non-manufacturer, the SDVOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted. Refer to 13 CFR 125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.

(3) General construction. In the case of a contract for general construction, the SDVOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database.

(4) Special trade construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the…