36C10D25Q0044.docx

36C10D25Q0044

A.1 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)

A.2 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

Shipment of deliverable items, other than reports, shall be to:

Department of Veterans Affairs Veterans Benefits Administration Houston VBA RO 6900 Almeda Road Houston TX 77030-4200 (End of Clause)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

36C10D25Q0044

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

3624-000035 36C10D25Q0044 12-30-2024 Julie Lemire 781-226-8882 01-13-2025 15:00

EST

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

DC

20006 X X 334290 800 Employees N/A X 00101 Department of Veterans Affairs Veterans Benefits Administration Houston VBA RO 6900 Almeda Road Houston

TX

77030-4200 00101 Department of Veterans Affairs Veterans Benefits Administration Acquisition Directorate 1800 G Street NW Washington

DC

20006

All invoices must be e-mailed to:

Jesus.Moreno1@va.gov and Julie.Lemire@va.gov

See CONTINUATION Page This solicitation is an RFQ for Security Camera's and Intrusion Detection System with Installation per the SOW's.

The government intends to award a Firm Fixed Price Order.

The contractor shall provide all necessary personnel, labor, supervision, equipment, materials, and disposal necessary to provide these items at the Houston VBA Regional Office pursuant to the SOW's described herein.

Quotes shall be submitted using the Price/Cost Schedule in the RFQ.

Questions due by 1/3/2025 @ 3PM EST via email to the Contract Specialist Julie.Lemire@va.gov See CONTINUATION Page X X Table of Contents

A.2 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: To be determined

b. GOVERNMENT: Contracting Officer 36C10D Julie Lemire 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.

emailed to: COR: Herbert.King@va.gov ALT COR: Jesus.Moreno1@va.gov and CO: Julie.Lemire@va.gov ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

Page 1 of

PERFORMANCE WORK STATEMENT – Security Cameras

BACKGROUND

The Department of Veterans Affairs Houston Regional Office operates an outdated security camera system. Upgrading our outdated security cameras is crucial for enhancing the safety of our building. By investing in newer cameras with higher resolution, improved night vision, and advanced features like motion detection, Houston RO can significantly deter potential intruders and ensure clearer evidence in case of any incidents. The upgrade will not only bolster the protection of our premises but also provide peace of mind to everyone within the building.

In order to install an upgraded security system, the contractor shall furnish all services, tools, equipment, labor, facilities, transportation and supervision to provide installation services to the Department of Veterans Affairs, Houston Regional Office.

CONTRACTOR RESPONSIBILITIES

The contractor shall provide the following services under this contract:

Contractor will provide a completely new Video Management System (VMS) and Cameras through Hanwha and their platform “Hanwha Wave” Cameras – Total of 71 cameras to be installed.

Currently Installed Cameras – 36 total based on last site walk.

All cameras currently installed will be replaced with Hanwha Fixed Camera model – “QNV-C8083R Locations Contractor will install in exact same location with upgraded camera model (Please refer to hardware information on camera information) We can adjust these camera locations if you would like, just disclose where you would like them adjusted or view adjusted to.

Cabling - Since analog cameras are currently installed, we will need to run cat 6 cable to replace the coax cable currently ran to these 36 analog cameras.

All cabling will be homerun back to IT Room Planning on IT room as that’s where NVR/Network switch will be installed.

New Cameras to be installed – 35 total.

NEW Fixed Cameras to be installed – 25 Total Model Number – “QNV-C8083R” Locations – Please refer to drawings for specific placement.

Interior – 19 Total

(8) 2nd Floor Hallway

(7) 1st Floor Hallway

(2) Front Lobby

(2) Museum Exterior – 6 Total

(2) Front by Entrance/Lobby

(2) Back of Building

(1) Collant Tower

(1) Side Entrance under awning/covering Camera Cabling – Exterior Cameras will be run with Armored Cat 6 cabling (K4-199-2A) to ensure durability.

Interior Cameras will be run with standard Cat 6 cabling.

All Cabling will be home run back to IT Room Planning on IT room as that’s where NVR/Network switch will be installed.

180-degree Cameras to be installed – 6 Total Model Number “PNM-9022V” Locations – Please refer to drawings for specific locations.

(2) Front of building

(1) West Side of building

(1) East Side of building

(1) Back of building by park

(1) Loading Dock Camera Cabling – All 180 cameras will be run with Armored Cat 6 cabling (KA-199-2A) to ensure durability.

All cabling will be homerun back to IT Room Planning on IT room as that’s where NVR/Network switch will be installed.

PTZ Cameras to be installed – 2 Total.

Model Number – “XNP-C9253R” Locations – Please refer to drawings for specific locations.

(1) Side by Collant Tower Viewing entry gate and side parking lot activity

(1) Front of building Viewing parking lot with ability to zoom and pan on suspicious activity.

Camera Cabling – All PTZ cameras will be installed with Armored Cat 6 cabling (K4-199-2A) to ensure durability.

Cabling will be home run to IT Room Planning on IT room as that’s where NVR/Network switch will be installed.

Fisheye Cameras to be installed - 2 Total.

Model Number – “XNF-9013RV” Locations – Please refer to drawings for specific locations.

(2) Front lobby Fisheye with optical zoom will allow you to view all activity happening in lobby with (2) fixed cameras to pick up blind spots.

Camera Cabling All Fisheye cameras will be installed with standard CAT 6 Cabling.

Cabling will be homerun to IT Room Planning on IT room as that’s where NVR/Network switch will be installed.

IT Room 6 Unit rack mount will be installed.

Inside rack mount will be installed 5 items.

(1) UPS (Backup Power Supply)

(3) Managed Network Switch 24 port w/POE

(1) 64TB NVR

All camera cabling will be homerun to the network switches, from there we will run a cable from each network switch into the NVR.

This allows all the cameras to stay off your network.

Backup plan has already been priced into this quote if we have difficulty running cable.

We have (2) 10 port industrial network switches, these will be used to run one cable to the network switch for 10 cameras if a certain area is giving us difficulty due to hard ceilings, limited crawl space, etc.

Monitors

(1) 43 Inch 4k Monitor to be installed in office on wall

(2) 32 Inch UHD Monitor to be installed on desktop

Platform Hanwha Wave

One time license fee per channel (camera) Person/Vehicle Helps Speed up investigative processes.

Hardware Information

Please refer to cutsheets for in depth information. Contractor is happy to provide a system demo either virtually or in person. This demo will go over the platform “Hanwha Wave”, AI/Analytics searching features, exact camera models and answer any questions in depth.

- Fixed Camera – o “QNV-C8083R” 5mp resolution. UHD Analytics /AI –

▪ Vehicle – type (Car, Truck, Bus, Bike, etc.)

▪ Person – Just Classify between person and object

▪ Motion Detection – Set virtual fence for loitering.

Can connect with alarm or siren.

▪ Tampering

- 180 Camera – o “PNM-9022V”

▪ 8.3mp resolution. 4k

▪ 209-degree mode or 180 mode, switchable at anytime

▪ Analytics/AI –

• Motion Detection – o Set virtual fence for loitering

• Heatmap

• Tampering

- PTZ Camera – o ““XNP-C9253R”

▪ 8mp resolution. 4k

▪ 25x zoom (digital 32x, total 800x zoom)

▪ Object auto tracking (Person/Vehicle), Target lock tracking

▪ Analytics/AI –

• Classified object type; Person, Face, Vehicle, License Plate

• Vehicle – Car, bus, truck, bikes

• Motion Detection – Virtual Lines

• Tampering

Labor Schedule The contractor will start work approximately 3 – 4 weeks after confirmation to proceed.

Lead Time on Parts – 3 weeks right now for everything priced; NVR is biggest wait as they have to custom-build/program before delivery.

Estimated 3 ½ weeks for completion of project.

- Week 1 – Pulling cable for all 71 cameras

- Week 2 – Take a team and start installing cameras with Lift while separate team finishes cable pull.

- Week 3 – Complete Installation of cameras, network switches and NVR.

- Week 4- Complete Programming and System Training

Project will be completed within approximately 8 weeks of confirmation to proceed.

SECURITY AND BACKGROUND CHECK REQUIREMENTS

Contracted security personnel under no circumstances should touch or move and Department of Veterans Affairs files or documents.

All contractor personnel who will provide services at the Houston Regional Office shall participate and complete all mandatory web-based training sessions on Privacy Awareness & Information Security at the Houston Regional Office. The VA will provide the training and will provide assistance with login procedures, etc. This mandatory training will be accomplished at no cost to the Houston Regional Office. In addition, this training must be renewed and completed once a year. If the contractor makes personnel assignment changes at the facility, newly designated personnel must complete the mandatory training before assuming their duties. The contractor will contact the VA Regional Office’s designated point of contact (POC) to coordinate the training.

National Agency Check with Inquiries (NACI) – Background Investigation

The Contracting Officer (CO) or his/her designee shall approve all personnel who are employed under this contract prior to beginning duties. Approval shall be based on meeting the qualification standards in the contract, state licensing requirements, plus other background information obtained regarding the individual that attests to his/her fitness for the required duty.

Prior to commencement of work on this contract, the Contractor is required to submit to the CO, the names and all necessary documentation of fully trained and qualified personnel who will be used in the performance of services under this contract and will be subject to approval by the CO.

The Contracting Officer (CO) shall provide the necessary forms to the contractor or to the contractor's employees after receiving a list of names and addresses.

Upon receipt, the Contracting Officer shall review the completed forms for accuracy.

The CO shall notify the COTR and contractor after adjudicating the results of the background investigations received from VA Law Enforcement Center (SIC).

The CO shall ensure that the contractor provides evidence that investigations have been completed or are in the process of being requested.

All contractor personnel assigned to the regional office must submit the following required paperwork and fingerprints to the VA for NACI clearance:

Background Check Worksheet OF-306 (Declaration for Federal Employment) FD-258 (Fingerprint Card)

The NACI will be processed and completed at the contractor’s expense. All applicants must receive favorable adjudication in order to work at the Houston Regional Office.

The contractor shall prescreen all personnel requiring a NACI. The contractor shall replace any personnel deemed ineligible based on the VA’s review of their NACI immediately.

PERIOD OF PERFORMANCE

The period of performance for this contract shall be completed upon award of contract.

HOLIDAYS

The contractor will not be required to perform any maintenance services for the government on any of the following federal holidays:

New Year's Day, Martin Luther King Jr's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. Additionally, the contractor will not be required to perform any services on those days designated by the Government where the office location is closed. The Government shall provide the contractor written notification in the event such an occasion arises.

OTHER REQUIREMENTS

Government’s Exclusive Right to Grant Access

The Contracting Officer's action to prohibit any employee from performing on base is a unilateral right of the government to meet the needs of government. There will be no cost increase associated with such action, nor can the contractor protest the right of the government to prohibit access.

Identification/Building Pass

A controlled personnel identification system is in place and contractor personnel will receive and wear their personnel identification badge while performing services under this contract. The government will provide identification badges. These badges are controlled items and will be reported immediately if lost to the COTR. The Contractor shall ensure that all identification badges are returned to the issuing agency when employees are reassigned to another location, terminated, resign, or upon expiration of the contract.

EXCLUSIONS

The contractor shall provide all services as set forth in this Performance Work Statement. The services to be provide are for installation services only and do not include the cost of parts or materials necessary to repair or replace defective equipment, devices, or controls.

The cost for services under this contract does not include overtime labor, repair labor, or any repair materials. All installation services performed after normal business hours, on an emergency basis, or during holidays shall be provide at a normal billing rate.

The Contracting Officer or his/her designee must approve all emergency, after hours, or repair services and repair parts that are provided under this contract. Approval must be obtained prior to additional work being performed.

STATEMENT OF WORK – Intrusion Detection System

Introduction

The Houston, VA Regional Office (VARO) located at 6900 Almeda Road, Houston, TX 77030-4200 has a requirement to install an intrusion detection system. The VARO intends to make a single contract award for the purchase, installation, and support of the intrusion detection system.

Background

Having an intrusion detection system located in our Personal Identity Verification (PIV) areas are mission critical to administrative operations. A responsive and professional service company will be required to ensure installation and maintenance are provided to meet the requirements of the organization in a timely and adequate manner. The selected contractor must be able to respond to installation, scheduled maintenance and incidental services during the maintenance period described herein, as well as be prepared with emergency response capabilities to respond to unserviceable equipment and operating included in the maintenance/service/operating agreement periods.

Scope

The contractor shall provide the below requirements to the Houston, VA Regional Office (VARO) located at 6900 Almeda Road, Houston, TX 77030-4200

Contracting Services will install and test:

1 Wireless intrusion detection system to work with 2 offices (system supports expansion), 2 wireless single door contacts - 1 for each room, 2 wireless motion sensors - 1 for each room, 2 wireless keypads - 1 for each room 1 Cellular Radio Card.

Contracting Services will install main intrusion panel in Comm room. Contracting Services will provide training. System won't call police department. Contracting Services will create 2 zones - 1 per room (zones have to be armed/disarmed at same time). 120v power is by others.

Tasks

General Requirements

1. Components/ materials as specified or of equal kind or quality and as may be required to provide a complete and operational system.

2. Labor for installation of low voltage system wiring and components unless providing equipment only.

3. Final termination of all system circuits at the main control panels.

4. System checkout and state certification.

5. System submittals including engineering and associated drawings.

6. Permit and permit fees (as applicable only).

7. The contract price shall be increased for any materials cost escalation imposed by material suppliers for cost changes imposed and effective more than ninety days subsequent to the date of acceptance of this proposal.

Warranty and Insurance

One-year warranty on all system components, materials, and installation from the date of acceptance or beneficial use - whichever occurs first, excepting any parts, components or services provided by another supplier/contractor directly to the customer. The warranty period shall begin on the date of acceptance. An optional service contract offering continuing factory authorized service of the system after the initial warranty period is available. Warranty does not include repair of damage caused by: accident, disaster, which shall include, but not be limited to, fire, flood, water, wind and lightning, neglect, misuse or unauthorized alterations. Warranty service calls will be made during normal business hours (Monday through Friday, 8:00 a.m. - 5:00 p.m.) for no additional charge. Warranty calls made during non-business hours shall be billed to the customer at one and one-half the prevailing hourly service rate.

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.

Period of Performance

One (1) year from date of award, with four (4) year option periods.

Hours of Operation

All work shall be completed during the site’s normal operating hours of 6:00 AM to 6:00 PM Monday through Friday excluding federal holidays. Federal holidays are New Years Day, Martin Luther King Jr. Day, President’s Day, Emancipation Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day.

Payments

Net 30 days from invoice date. Overdue invoices are subject to interest at the maximum rate allowed by state law and collections charges (including reasonable attorney’s fees). Payment to Contracting Services is not dependent on payment terms from general contractor or direct end-user. The price shall be permanently available for alteration in the case of cost escalations imposed by suppliers following the acceptance of these contract terms. Pricing includes, but is not limited to, all labor, materials, equipment, personnel, transportation and additional fees that may be required to complete the services listed in the description of services above.

Security

The Key Office Operator must provide the contractor with security access to gain entrance and access to PIV offices within a building. The contractor will have access to those facilities to provide the following: installation, preventive maintenance, and repairs.

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Security Camera's with Installation per SOW PRINCIPAL NAICS CODE: 334290 - Other Communications Equipment Manufacturing PRODUCT/SERVICE CODE: H263 - Equipment and Materials Testing - Alarm, Signal, and Security Detection Systems

Intrusion Detection System with Installation per SOW.

PRINCIPAL NAICS CODE: 334290 - Other Communications Equipment Manufacturing PRODUCT/SERVICE CODE: H263 - Equipment and Materials Testing - Alarm, Signal, and Security Detection Systems

A.4 DELIVERY SCHEDULE

VBA Houston Regional Office (362/24) 6900 Almeda Road Houston, TX 77030

USA

1.00

781-226-8882

VBA Houston Regional Office (362/24) 6900 Almeda Road Houston, TX 77030

USA

1.00

781-226-8882

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause) 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.2 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within . Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

(End of Clause) C.3 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (JAN 2023) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(l)(2), the offeror certifies that—

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

(i) [ ] In the case of a contract for supplies or products (other than from a nonmanufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(ii) [ ] In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) is granted. The offeror understands that, as provided in 13 CFR 121.406(b)(7), such a waiver has no effect on requirements external to the Small Business Act, such as the Buy American Act or the Trade Agreements Act.

(2) Manufacturer or nonmanufacturer representation and certification. [Offeror fillin—check each applicable box below. The offeror must select the applicable provision below, identifying itself as either a manufacturer or nonmanufacturer]:

(i) [] Manufacturer or producer. The offeror certifies that it is the manufacturer or producer of the end item being procured, and the end item is manufactured or produced in the United States, in accordance with paragraph (a)(1)(i).

(ii) [ ] Nonmanufacturer. The offeror certifies that it qualifies as a nonmanufacturer in accordance with the requirements of 13 CFR 121.406(b) and paragraph (a)(1)(ii). The offeror further certifies it meets each element below as required in order to qualify as a nonmanufacturer.

[ ] The offeror certifies that it does not exceed 500 employees (or 150 employees for the Information Technology Value Added Reseller exception to NAICS code 541519, which is found at 13 CFR 121.201, footnote 18).

[ ] The offeror certifies that it is primarily engaged in the retail or wholesale trade and normally sells the type of item being supplied.

[ ] The offeror certifies that it will take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice.

(iii) [ ] The offeror certifies that it will supply the end item of a small business manufacturer, processor, or producer made in the United States, unless a waiver as provided in 13 CFR 121.406(b)(5) has been issued by SBA. [Contracting Officer fill-in or removal (see 13 CFR 121.1205). This requirement must be included for a single end item. However, if SBA has issued an applicable waiver of the nonmanufacturer rule for the end item, this requirement must be removed in the final solicitation or contract.] or [Contracting officer tailor clause to remove one or other block under subparagraph (iii).] [ ] If this is a multiple item acquisition, the offeror certifies that at least 50% of the estimated contract value is composed of items that are manufactured by small business concerns. [Contracting Officer fill-in or removal. See 13 CFR 121.406(d) for multiple end items. If SBA has issued an applicable nonmanufacturer rule waiver, this requirement must be removed in the final solicitation or contract.]

(3) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(4) If VA determines that an SDVOSB/ VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and

(iii) Prosecution for violating 18 U.S.C. 1001.

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract or to determine whether the offeror qualifies as a manufacturer or nonmanufacturer in compliance with the limitations on subcontracting requirement. Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification I hereby certify that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].

Printed Name of Signee: ___________ Printed Title of Signee: _____________ Signature: ____________ Date: ______________ Company Name and Address: _______________ (End of Clause)

C.4 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract. Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of Clause)

C.5 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 https://www.va.gov/oal/library/vaar/

(End of Clause)

C.6 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.7 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

(a) Supplies and equipment. Rejected goods will be held subject to Contractor’s order for not more than 15 days, after which the rejected merchandise will be returned to the Contractor’s address at the Contractor’s risk and expense. Expenses incident to the examination and testing of materials or supplies that have been rejected will be charged to the Contractor.

(b) Perishable supplies. The Contractor shall remove rejected perishable supplies within 48 hours after notice of rejection. Supplies determined to be unfit for human consumption will not be removed without permission of the local health authorities. Supplies not removed within the allowed time may be destroyed. The Department of Veterans Affairs will not be responsible for, nor pay for, products rejected.