36C10E22Q0092 Laptop Solicitation.pdf

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

3202-000001

36C10E22Q0092 05-17-2022

Heather Allen 202-461-9449 05-30-2022 1pm EDT

00101 Department of Veterans Affairs Veterans Benefits Administration Acquisition Division 1800 G. Street N.W.

Washington DC 20006

X 100

X

334111

1250 Employees

N/A

X

00101

Department of Veterans Affairs Veterans Benefits Administration

1800 G Street Washington DC 20006

00101

Department of Veterans Affairs Veterans Benefits Administration Acquisition Division

All invoices must be emailed to:

heather.allen@va.gov shari.mustian@va.gov

See CONTINUATION Page

Laptop Packages See Statement of Work for Details

Questions due May 19th, 2022 NLT 1pm EST Quotes are due May 30th, 2022 NLT 1pm EST

See CONTINUATION Page x X x 1

Heather Allen

VBA15L1-73571

36C10E22Q0092

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

B.4 DELIVERY SCHEDULE

B.5 INVOICING INSTRUCTIONS:

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2021)

C.2 52.247-34 F.O.B. DESTINATION (NOV 1991)

C.3 52.217-7 OPTION FOR INCREASED QUANTITY—SEPARATELY PRICED LINE

ITEM (MAR 1989)

C.4 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.5 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.6 VAAR 852.219-78 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (SEP 2021)

(DEVIATION)

C.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021) (JUL 2020)

(DEVIATION)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

E.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.5 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (FEB 2021) (JUL 2020) (DEVIATION)

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: TBD

b. GOVERNMENT: Contracting Officer 36C10E Heather Allen Department of Veterans Affairs Veterans Benefits Administration Acquisition Division

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [x] Upon receipt of items

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.

heather.allen@va.gov shari.mustian@va.gov

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

AMENDMENT NO DATE

B.2 STATEMENT OF WORK

Veterans Benefits Administration

Nashville Regional Office

Veteran Readiness and Employment

Introduction

The purpose of this procurement is to obtain laptop computers and associated equipment for Veteran Readiness and Employment (VR&E) participants pursuing a program of long-term rehabilitation services under Chapter 31. Currently VR&E uses multiple vendors who supply varying computer packages that include computer systems, software, printers and other related equipment. The Nashville Regional Office (RO) would like to secure computer packages through a Standard Purchase Agreement to meet the needs of Veterans utilizing our program. While the total estimated number of laptop packages numbers one hundred and ninety (190), the initial contract will be for quantity fifty (50) with additional laptop packages being awarded in accordance with FAR 52.217-7 Option for Increased Quantity – Separately Priced Line Item.

Scope of Work

The contractor will provide 50 laptop packages of varying tiers to the Nashville Regional Office, located at 110 9th Ave South, Nashville, Tennessee, 37203. Each computer package will arrive on location packaged as one complete unit and each unit will contain a unique identifier to be utilized for internal control purposes. The specifications for each package will be outlined below.

All equipment offered in response to this solicitation must in a new condition. The Government will not consider quotes for equipment that has been remanufactured, certified, previously repaired, or modified.

Specifications

The successful contractor awarded this project will provide the required fifty (50) laptop packages as an initial distribution. Each of the packages must arrive packaged as a single unique unit that can be easily distributed to a Veteran recipient based on the tier of computer package required. The laptop tiers should contain the minimum Brand Name or Equal requirements outlined below.

The contractor must meet/exceed the minimum requirements of the laptop identified below for Tier 1 package:

Name Brand or Equal System - Core i5 or higher processor - Windows 10 or 11 Home 64-bit - 8 GB DDR4 RAM - 256 GB SSD NVMe - 15.6" IPS antiglare 1920 x 1080 (Full HD) – AMD Radeon or similar graphics – Wi-Fi 5 (802.11ac) – Ports: 2 Type A USB, 1

Type C USB, 1 HDMI, 1 headphone/microphone combo (minimum) - HD Webcam with microphone and Dual Speakers (or other name brand equivalent system)

3yr Laptop Warranty - Accidental Damage - EPT Software Guarantee - Includes Windows and Manufacturer Update Installation

Software: Microsoft Office Home & Student pre-installed; 2 Year single device McAfee AntiVirus Plus or similar program installed

21 inch Full HD LED Monitor or equivalent – Full HD LED – antiglare – 1000:1 contrast ratio; 1920x1080 resolution – 1 VGA, 1 HDMI input connector – no integrated camera

Compatible Monitor Cable (if not supplied with monitor)

Wired Keyboard/Mouse Combo – Windows 11 compatible; minimum measurements Keyboard: 18.31 x 6.89 x 1.42 in; Mouse: 3.75 x 2.29 x 1.42 in

Surge Protector

Laptop Carrying Case

Wireless All-In-One Inkjet Printer – Print, copy, scan – Up to 10 ppm, resolution – 1200x1200 black, up to 4800x1200 color – monthly volume up to 800 pages

3yr Warranty for Printer

1 - High Yield Black Ink and Color Standard Ink Cartridge Sets

USB Printer Cable (if not supplied with printer)

The contractor must meet/exceed the minimum requirements of the laptop identified below for Tier 2w package:

Name Brand or Equal System - Core i5 or higher processor - Windows 10 or 11 Pro 64-bit - 8 GB DDR4 RAM - 256 GB SSD NVMe - 15.6" IPS antiglare 1920 x 1080 (Full HD)

– Integrated Intel Iris Xe Graphics or similar – Wi-Fi 5 (802.11ac) – Ports: 2 Type A USB, 1 Type C USB, 1 HDMI, 1 headphone/microphone combo (minimum) – 720 HD Webcam with microphone and Dual Speakers

3yr Laptop Warranty - Accidental Damage - EPT Software Guarantee - Includes Windows and Manufacturer Update Installation

Software: Microsoft Office Home & Student pre-installed; OneNote; 2 Year single device McAfee AntiVirus Plus or similar program installed

22 inch Full HD LED Monitor – antiglare – 1000:1 contrast ratio; 1920x1080 resolution – 1 VGA, 1 HDMI input connector – no integrated camera

Compatible Monitor Cable (if not supplied with monitor)

Wireless Keyboard/Mouse Combo – Windows 11 compatible; minimum measurements Keyboard: 18.31 x 6.89 x 1.42 in; Mouse: 3.75 x 2.29 x 1.42 in

32GB 2.0 USB Flash Drive

Power Strip Surge Protector – 6 outlets, 2 ft long

Backpack Laptop Carrying Case

Wireless Mesh Router – 4 ports – 900 megabits per second - Data Encryption WPA3- Personal, WPA2-PSK

Wireless All-In-One Color Inkjet Printer – Print, copy, scan – Up to 22 ppm, resolution – 1200x1200 black, up to 4800x1200 color – monthly volume up to 1000 pages

3yr Warranty for Printer

2 - High Yield Black Ink and Color Standard Ink Cartridge Sets

USB Printer Cable (if not supplied with printer)

Wireless ANC Headphones – Bluetooth – dynamic speaker, microphone

The contractor must meet/exceed the minimum requirements of the laptop identified below for Tier 2a package:

MacBook Pro 13 – Apple M1 chip, 8 core CPU, 8 GB unified memory - 256 GB SSD storage – Backlit Magic Keyboard – USB 4 ports

3yr Laptop Warranty - Accidental Damage - EPT Software Guarantee - Includes MacOS and Manufacturer Update Installation

Software: Microsoft Office Home & Student for Mac pre-installed; OneNote; 2 Year single device McAfee AntiVirus Plus for MAC or similar program installed

27 inch IPS LED Monitor – Mac compatible – 60Hz refresh rate - 2560x1440 resolution or above – 1 VGA, 1 HDMI input connector – no integrated camera

Compatible Monitor Cable (if not supplied with monitor)

Mac compatible wireless mouse

32GB 2.0 USB Flash Drive

Power Strip Surge Protector – 6 outlets, 2 ft long

Backpack Laptop Carrying Case

Wireless Mesh Router – 4 ports – 900 megabits per second - Data Encryption WPA3- Personal, WPA2-PSK

Wireless All-In-One Color Inkjet Printer – Mac compatible - Print, copy, scan – Up to 22 ppm, resolution – 1200x1200 black, up to 4800x1200 color – monthly volume up to 1000 pages

3yr Warranty for Printer

2 - High Yield Black Ink and Color Standard Ink Cartridge Sets

USB Printer Cable (if not supplied with printer)

Wireless ANC Headphones – Bluetooth – dynamic speaker, microphone

The contractor must meet/exceed the minimum requirements of the laptop identified below for Tier 3w package:

Name Brand or Equal System - Core i7 or higher processor (or comparable) – NVIDIA RTX GeForce graphics - Windows 10 or 11 Pro 64-bit - 16 GB DDR4 RAM - 512 GB SSD NVMe - 15.6" IPS antiglare 1920 x 1080 (Full HD) – Integrated Intel Iris Xe Graphics or similar – Wi-Fi 5 (802.11ac) – Ports: 2 Superspeed Type A USB, 2 Superspeed Type C USB, 1 HDMI, 1 headphone/microphone combo – 1 microSD media card reader– 720 HD Webcam with microphone and Dual Speakers

3yr Laptop Warranty - Accidental Damage - EPT Software Guarantee - Includes Windows and Manufacturer Update Installation

Software: Microsoft Office Home & Student pre-installed; OneNote; 2 Year single device McAfee AntiVirus Plus or similar program installed

27 inch IPS QHD Monitor – antiglare – 1000:1 contrast ratio; 1920x1080 resolution – 2 USB, 1 HDMI input connector – no integrated camera

Compatible Monitor Cable (if not supplied with monitor)

Wireless Keyboard/Mouse Combo – Windows 11 compatible; minimum measurements Keyboard: 18.31 x 6.89 x 1.42 in; Mouse: 3.75 x 2.29 x 1.42 in

128 GB USB Type-C Flash Drive

Power Strip Surge Protector – 6 outlets, 2 ft long

Backpack Laptop Carrying Case

Wireless Mesh Router – 4 ports – 900 megabits per second - Data Encryption WPA3- Personal, WPA2-PSK

Wireless All-In-One Color Inkjet Printer – Print, copy, scan – Up to 22 ppm, resolution – 1200x1200 black, up to 4800x1200 color – monthly volume up to 1000 pages

3yr Warranty for Printer

2 - High Yield Black Ink and Color Standard Ink Cartridge Sets

USB Printer Cable (if not supplied with printer)

Wireless ANC Headphones – Bluetooth – dynamic speaker, microphone

The contractor must meet/exceed the minimum requirements of the laptop identified below for Tier 3a package:

MacBook Pro 14 – Apple M1 Pro chip, 8 core CPU, 16 GB unified memory - 512 GB SSD storage – Backlit Magic Keyboard – USB 4 ports

3yr Laptop Warranty - Accidental Damage - EPT Software Guarantee - Includes MacOS and Manufacturer Update Installation

Software: Microsoft Office Home & Student for Mac pre-installed; OneNote; 2 Year single device McAfee AntiVirus Plus for MAC or similar program installed

27 inch IPS LED Monitor – Mac compatible – 60Hz refresh rate - 2560x1440 resolution or above – 1 VGA, 1 HDMI input connector – no integrated camera

Compatible Monitor Cable (if not supplied with monitor)

Mac compatible wireless mouse

128 GB USB Type-C Flash Drive

Power Strip Surge Protector – 6 outlets, 2 ft long

Backpack Laptop Carrying Case

Wireless Mesh Router – 4 ports – 900 megabits per second - Data Encryption WPA3- Personal, WPA2-PSK

Wireless All-In-One Color Inkjet Printer – Mac compatible - Print, copy, scan – Up to 22 ppm, resolution – 1200x1200 black, up to 4800x1200 color – monthly volume up to 1000 pages

3yr Warranty for Printer

2 - High Yield Black Ink and Color Standard Ink Cartridge Sets

USB Printer Cable (if not supplied with printer)

Wireless ANC Headphones – Bluetooth – dynamic speaker, microphone

The contractor shall provide a negotiated price for the cost of the warranty and support software guarantee.

Contractor must meet/exceed the requirements of the laptops identified below:

Requirements

The contract shall include a price per package that incorporates the required scope of each package at each tier level.

The pricing shall include a 3-year protection plan with accidental damage.

The pricing shall include a 1-year technical support plan which includes setup and troubleshooting, software patches, software configuration, virus removal, and customer support by phone and in person. Initial customer service should be provided by the vendor, and the vendor should resolve all issues with the manufacturer on behalf of the Veteran. Any defects in equipment will be returned directly to the vendor for resolution within 30 days of equipment being issued to Veteran.

Period of Performance

The period of performance for any resultant contract shall be 12 months from date of award. The exercising of FAR 52.217-7 is at the sole discretion of the Government.

All task orders issued in accordance with this contract will be issued by a Contracting Officer. Computer kit orders issued under the task order(s) will be issued by delegated staff members within the VR&E Division, to meet the Nashville TN Regional Office’s anticipated needs.

Deliverables

The total estimated number of laptop packages to be ordered over the life of this contract is one hundred and ninety (190). The contractor shall provide an initial order of fifty (50) laptops with three (3) at the Tier 1 level; thirty-four (34) at the Tier 2w; three (3) at the 2a level; six (6) at the Tier 3w level and four (4) at the Tier 3a level within 60 days of contract award. Additional orders will be submitted as needed.

Quality Assurance Plan- do we need this or will this just scare vendors away

The Contractor shall submit with their quote a Quality Assurance Plan (QAP) that will cover computer packets to be provided. The Contractor’s QAP will describe the Contractor’s Quality Assurance (QA) capability and how they will assess all aspects of the Contractor’s business and product delivery operations to ensure that the performance standards stated in the contract are met.

Payment

All computer orders are payable if complete services are delivered within performance standards. All payments shall be contingent upon meeting the performance standards identified herein.

CONTRACTOR PERFORMANCE PLAN

REQUIREMENTS

TASKS

PERFORMANCE

STANDARD

ACCEPTABLE

QUALITY

LEVEL

INDICATOR

SURVEILLANCE

METHOD

Computer Packages

Nashville VR&E receives the appropriate specialized services as deemed necessary by the VA.

Delivery of computer packages with unique identifier with various tier levels.

95% of orders will contain the specified items per package and number of tier types ordered.

90%

The initial order will be received within 60 days of the issueance of this contract and all subsequent orders will be received within 30 days of order.

Nashville Regional Office Support Services Division will inspect all packages for appropriate items and tiers.

Veterans issued computers received the appropriate level of service outlined in the accepted warranty and technical support plans.

Contractor will ensure a warranty and technical support plan is in place.

Assistance will be provided to Veterans in the replacement or repair of damaged equipment and with technical support.

95% of Veteran reported issues are resolved within 14 business days.

90%

Contract report of issues and resolutions along with Veteran report of quality of service issues.

Contract report outlining issues and resolutions.

Special Contract Requirements

The Contractor shall be aware of the following information and/or comply with the following requirements when providing service under this contract and based on the specific service requested:

No obligation will be incurred under this contract by the Government for any service or benefits provided to, or on behalf of, a Veteran without prior authorization issued by a designated VR&E official. Under no circumstance may a contractor provide services to a Veteran outside of those outlined in the Warranty and Technical Support Plans.

Under no circumstances may a contractor engage in outreach or other activities designed to solicit sales or services. The Contractor shall not authorize additional services or supplies outside of those detailed in the VA’s request for service.

The Contractor shall adhere to all VA policy and related regulations, including VA Directive and Handbook 6500 entitled “Information Security Program.” For this policy, the Contractor shall substitute the word “Contractor” for “VA employer/employee.”

All documents released by Contractors back to the regional office, VR&E Division, regarding services under the Warranty and Technical Support Plans will contain the Veteran’s name and only the last four digits of the social security number.

The Contractor shall retain certification of the destruction of all records containing Veteran’s information. Destruction procedures must comply with VA requirements, outlined in Section IV, VA Information and Information System Security/Privacy Requirements.

Routine package shipping services for all VR&E order are to be provided by United Parcel Service (UPS) or Federal Express (Fed Ex) Ground Service. Both companies provide security tracking services. There may be occasions where the computer package/s are needed urgently, and an express shipping option is necessary.

All shipments of products must be made utilizing appropriate shipping materials. Boxes should be sturdy, in good repair and taped securely. All individual computer packages must contain a unique identifier and summary of products enclosed.

Reports will be submitted to VA via either trackable hardcopy or electronically. Invoices shall be required to be submitted electronically only.

Invoices may not be submitted until VA certifies acceptable performance of deliverables.

VA will review deliverables within 5 business days of receipt and provide notification of acceptance or need for corrective action. Invoices will include certification of accepted deliverables.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3.00 PG __________________ __________________

Tier 1 Computer Package IAW Statement of Work PRINCIPAL NAICS CODE: 334111 - Electronic Computer Manufacturing PRODUCT/SERVICE CODE: 7520 - Office Devices and Accessories

34.00 PG __________________ __________________

Tier 2w Computer Package IAW Statement of Work PRINCIPAL NAICS CODE: 334111 - Electronic Computer Manufacturing

3.00 PG __________________ __________________

Tier 2a Computer Package IAW Statement of Work PRINCIPAL NAICS CODE: 334111 - Electronic Computer Manufacturing

6.00 PG __________________ __________________

Tier 3w Computer Package IAW Statement of Work PRINCIPAL NAICS CODE: 334111 - Electronic Computer Manufacturing

4.00 PG __________________ __________________

Tier 3a Computer Package IAW Statement of Work PRINCIPAL NAICS CODE: 334111 - Electronic Computer Manufacturing

1.00 PG __________________ __________________

Tier 1 Computer Package IAW Statement of Work | Option PRINCIPAL NAICS CODE: 334111 - Electronic Computer Manufacturing

Tier 2w Computer Package IAW Statement of Work | Option PRINCIPAL NAICS CODE: 334111 - Electronic Computer Manufacturing

Tier 2a Computer Package IAW Statement of Work | Option PRINCIPAL NAICS CODE: 334111 - Electronic Computer Manufacturing

Tier 3w Computer Package IAW Statement of Work | Option PRINCIPAL NAICS CODE: 334111 - Electronic Computer Manufacturing

Tier 3a Computer Package IAW Statement of Work | Option PRINCIPAL NAICS CODE: 334111 - Electronic Computer Manufacturing

GRAND TOTAL __________________

B.4 DELIVERY SCHEDULE

ITEM NUMBERS QUANTITY

DELIVERY

DATE

0001-

SHIP TO: Department of Veterans Affairs Nashville Regional Office 110 9th Ave., South Nashville, TN 37203

USA

Within 30 days

ARO

MARK

FOR:

Shari Mustian 615-695-6150 shari.mustian@va.gov

B.5 INVOICING INSTRUCTIONS:

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 TBD.

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.

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.

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 http://www.tungsten-network.com/US/en/veterans-affairs/ http://www.tungsten-network.com/US/en/veterans-affairs/ http://www.tungsten-network.com/US/en/veterans-affairs/ http://www.x12.org/ mailto:VA.Registration@tungsten-network.com mailto:vafsccshd@va.gov http://www.fsc.va.gov/einvoice.asp

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(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, f ires, f loods, 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 Identif ication 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 notif ied 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 f inancing or invoice payment or that the Government has otherwise overpaid on a contract f inancing 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; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

(v) Incorporation by reference. The Contractor’s representations and certif ications, 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 52.247-34 F.O.B. DESTINATION (NOV 1991)

(a) The term "f.o.b. destination," as used in this clause, means—

(1) Free of expense to the Government, on board the carrier's conveyance, at a specified delivery point where the consignee's facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

(2) Supplies shall be delivered to the destination consignee's wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including "piggyback") is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for "heavy or bulky freight." When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarder for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.

(b) The Contractor shall—

(1)(i) Pack and mark the shipment to comply with contract specifications; or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

(6) Pay and bear all charges to the specified point of delivery.

(End of Clause)

C.3 52.217-7 OPTION FOR INCREASED QUANTITY—SEPARATELY PRICED

LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identif ied in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of Clause)

C.4 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.]

[] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[X] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set- Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[] 852.233–70, Protest Content/Alternative Dispute Resolution.

[] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[X] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause)

C.5 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—

MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes VAAR 852.219-10 VA Notice of Total Service-Disabled Veteran- Owned Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause)

C.6 VAAR 852.219-78 VA NOTICE OF LIMITATIONS ON

SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND

PRODUCTS (SEP 2021) (DEVIATION)

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

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

[Offeror check the appropriate box]

(i) [ ] In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11.