36C10E23Q0105_2--.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

36C10E23Q0105_2 08-23-2023

Debra Rollins 254-878-8969 09-07-2023

1:00PM CDT

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

Washington DC 20006

X 100

X

532420

$40 Million

N/A

00101

Department of Veterans Affairs Veterans Benefits Administration Muskogee Regional Office Various Locations Muskogee OK 74401

00101

Department of Veterans Affairs Veterans Benefits Administration Acquisition Directorate

All invoices must be emailed to:

See Invoicing Instructions

See CONTINUATION Page

Lease and Preventive Maintenance Agreement for Forty-Nine (49) Multi-Function Devices for the

Department of Veterans Affairs Muskogee Regional Office.

See Performance Statement of Work for Details

Questions are due Tuesday, August 29, 2023 by 1:00pm CDT Quotes are due Thursday, September 07, 2023 by 1:00pm CDT

Email Questions and Quotes to debra.rollins@va.gov.

Frequently ask questions and answers are attached.

See CONTINUATION Page

351-2023-0151ADD-B3513096-B35103096-VBADFASA-233502-74401

X X

Debra D. Rollins

VA-VBA-2019-B4E06D61

36C10E23Q0105

TABLE OF CONTENTS

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PERFORMANCE WORK STATEMENT

B.3 INVOICING INSTRUCTIONS

B.4 PRICE/COST SCHEDULE

ITEM INFORMATION

B.5 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

COMMERCIAL SERVICES (DEC 2022)

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE

CONTRACT (MAR 2000)

C.4 52.232-18 AVAILABILITY OF FUNDS (APR 1984)

C.5 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.6 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.7 VAAR 852.201-70 CONTRACTING OFFICER'S

REPRESENTATIVE (DEC 2022)

C.8 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.9 VAAR 852.211-76 LIQUIDATED DAMAGES – REIMBURSEMENT

FOR DATA BREACH COSTS (FEB 2023)

C.10 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT

REQUESTS (NOV 2018)

C.11 VAAR 852.239-70 SECURITY REQUIREMENTS FOR INFORMATION

TECHNOLOGY RESOURCES (FEB 2023)

C.12 VAAR 852.239-71 INFORMATION SYSTEM SECURITY PLAN AND

ACCREDITATION (FEB 2023)

C.13 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) . 35

C.14 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAR 2023)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 FREQUENTLY ASKED QUESTIONS AND ANSWERS………………………………….…44

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (MAR 2023)

E.2 INSTRUCTIONS TO OFFERORS

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.4 52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION

E.5 52.216-1 TYPE OF CONTRACT (APR 1984)

E.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.7 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.9 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(NOV 2021)

E.10 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

E.11 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C10E Debra Rollins Department of Veterans Affairs Veterans Benefits Administration Acquisition Directorate

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] Monthly

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.

See Invoicing Instructions

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

AMENDMENT NO DATE

B.2 PERFORMANCE WORK STATEMENT

COPIER CONTRACT FOR THE MUSKOGEE VARO AND OUT-BASED LOCATIONS

Provide all labor, material and equipment necessary to operate and maintain forty-nine (49) Multi-Functional Devices (MFD’s) and services as described in this statement of work.

Paragraph 17 and 18 identifies the estimated volume of use, number of devices and areas of location. Place of performance is the Department of Veteran Affairs Regional Office, Muskogee, Oklahoma and all external locations. Pricing is requested for the locations listed below. This agreement must include the provision for adding to or deleting from the identified list, due to future site activation or diminished use. Any additional MFD’s added to this contract after the contract start date will be coterminous with the original contract end date.

Currently, the following are the known locations:

Muskogee VARO, 125 South Main Street, Muskogee, OK 74401

Education Call Center, 800 East Okmulgee, Muskogee, OK 74401

Education Annex, 122 East Side Boulevard, Muskogee, OK 74401

Oklahoma City out-based, 301 NW 6th Street, STE 113, Oklahoma City, OK 73102

Tinker Air Force Base, 72nd Medical Group Clinic7050 Air Depot Blvd, Bldg. 1094, Tinker AFB, OK 73145

Ft. Sill out-based, 4700 Mow-Way RD. STE 319, Ft. Sill, OK 73503

Flat rate pricing is desired for this contract. Contractors are encouraged to provide additional discounts and are encouraged to submit “Most Favored Customer Pricing” pursuant to Federal Acquisition Regulation (FAR) 8.405-4.

GENERAL REQUIREMENTS:

Offerors must provide pricing proposals based upon the attached equipment requirements identified for specific locations within the organization.

Pricing includes maintenance and all consumable supplies (excluding paper), installation, pick up, and disposal of all existing equipment at the end of the contract.

Pricing must also include full training on each machine based on its specific configuration and location. Initial training must be delivered within one week of equipment installation.

The contractor will only charge a single click (same overall price) for 8.5” x 11”, 8.5”x14”, and 11”x17” paper.

Pricing must include a Service Satisfaction Guarantee (not warranty related) from the manufacturer where the Contracting Officer (CO) can determine if the machine is not performing effectively in accordance with uptime requirements and needs to be replaced.

The contractor shall be required to move the MFD’s around to different locations in order to avoid overages and over use on any one machine.

Pricing must include the offeror’s formula for payment if the Government terminates the contract prior to its expiration or requires that a unit of equipment be removed.

All consumables must be manufactured and delivered by the original equipment manufacturer (OEM). Replacements shall be received with 3-5 day. Contractor shall provide initial stock of ten (10) toners for each type of copier.

The contractor must provide an account associate to troubleshoot/maintain/repair the devices at all Muskogee VARO locations. Response time shall be within four (4) hours after initial call is made be an authorized VARO employee.

Hard drives are not to leave the facility without express written approval of the CO. Should the equipment need to be removed from the facility for repair, replacement, end of contract, or for any other reason, the hard drive MUST be removed and turned in the Chief, Information Resource Management (IRM), or his designee. If the hard drive is no longer required for service under this contract, the hard drive will be destroyed and will not be returned to the contractor.

All MFD’s will have manufacturer’s name, model number, and identification number permanently and legibly stamped or affixed to the MFD’s in a readily accessible location.

Contractor shall provide an implementation plan that details how all the equipment will be installed and operational. This will include a timeline of machine placement. This will include training on the MFDs to all “key” personnel designated by the Assistant Director. This training may span over a period of 3-days to ensure all key personnel are properly trained on the functionality of the MFDs. This training will be coordinated with the Director’s secretary to ensure the Bill Pearson room will be available on the designated training days and the key personnel are scheduled to attend. This shall be provided with the offer.

The contractor shall provide all resources required to ensure a smooth transition from the incumbent contractor in accordance with all contract requirements.

The MFD’s to be provided under this solicitation, in addition to performance specifications identified herein shall also comply with the following federal regulations:

Section 508 of the Rehabilitation Act of 1973

Executive Order 13123, Greening the Government through Efficient Energy Management

Executive Order 13221, Energy Efficient Standby Power Devices

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

Managed Services. The following Management Services are included as part of the Services to be provided pursuant to this contract:

Account Configuration: The contractor location at the government site is configured with a mix of people, processes, equipment, software, and networking to achieve the contracted service levels.

Equipment Service: The contractor manages and performs equipment services as contracted.

Technology Support: The contractor technology specialists are available, as contracted, to support ongoing technical needs and troubleshoot operational issues.

Technology Management: The contractor manages its document services hardware and software technology as contracted, proposing additional technology acquisitions, as required to meet customer’s needs.

Operations Management: The contractor manages the services operation, including people, processes and technology to assure operation service as contracted.

All MFD’s must be network printer capable and include all required Interface Cards, Print Board, and print Controller for Windows and PCL print (ability to print from desktop). Additionally, all MFD’s are REQUIRED to have passed the Department of Veterans Affairs vulnerability testing for network peripheral devices. (Note: This capability is non-negotiable and MUST be demonstrated prior to the award of this contract.)

The initial estimated number of Black and White copies for this contract to be included in the pooling contract is approximately 325,000 copies per month. For copies beyond 325,000, a pooling agreement overage rate will be negotiated and established with the successful offeror.

The 325,000 number is an estimate only for the purpose to provide a means to fairly and competitively award this contract.

Period of Performance: The base year Period of Performance will be Twelve (12) months.

Option years 1-4’s Period of Performance will be Twelve (12) months each. Expected contract termination date will be 60 months from award, provided that all options are exercised. The exercising of all option years will be based on availability of funds and contractual service of the offeror.

VA Points of contact: The VA primary Point of Contact (POC) will be Matthew Keefe matthew.keefe@va.gov (918-577-1160).

In addition, the MFD’s shall meet all minimum requirements as identified below:

TOTAL ESTIMATED COPIES QUARTERLY = 975,000 TOTAL ESTIMATED COPIES MONHLY

= 325,000

Basic features-

New Manufacturing status

Automatic Duplexing

Reduction/Enlargement, Exposure (lighten/darken)

Dual Scan feeders

LCT- Large Capacity Tray (up to 4,000 8.5 x 11) mailto:matthew.keefe@va.gov

3000 Sheet Finisher

Multi position stapler to include booklet and tri-folding

Local Area Network (LAN)-Personal Computer (PC) fax /Scan / Network Capable

Specific features-

A total of forty-nine (49) copiers are needed to satisfy this requirement.

One (1) Black and White (B/W) multifunction copier with 95-100ppm, 3,000 sheet finisher, 200 sheet stapler, 200-300 sheet dual scan feeders

Twenty-Seven (27) B/W multifunction copiers with 30-35ppm, resolution 600x600 dpi, standard paper capacity 500-1,000 sheet paper capacity, and 3,000 sheet feeder.

Four (4) Color Multifunctional copiers with 55-60ppm, resolution 600x600 dpi, standard paper capacity with 500-1000 sheet paper capacity and 3,000 sheet finisher, MUST include booklet and tri-folding capability.

Seventeen (17) Black and White Multifunctional copiers with 55-60ppm, resolution 600x600 dpi, high paper capacity with 3000 sheet paper capacity and 3,000 sheet finisher, MUST include booklet and tri-folding capability.

Total number of copiers will be forty-nine (49) with four (4) color copiers which will have fax/scan/network capabilities, and one (1) B/W production machine. Twenty-five (25) B/W and four Color Multifunctional (4) copiers will be located at 125 S. Main Street, Muskogee, thirteen

(13) B/W copiers will be located at 800 E. Okmulgee, Muskogee, four (4) B/W copiers will be located at 122 East Side Blvd., Muskogee, one (1) B/W copier will be located at 301 NW 6th Street, Oklahoma City, one (1) B/W copier will be located at 72nd Medical Group Clinic 7050 Air Depot Blvd, Bldg. 1094, Tinker AFB, OK 73145, and one (1) B/W copier will be located at 4700 Mow-way RD, STE 317, Ft. Sill, Oklahoma and one (1) B/W copier will be located at 4700 Mow-way RD, STE 319, Ft. Sill, Oklahoma .

SERVICE REQUIREMENTS

Contractor Preventative Maintenance:

Contractor shall at a minimum provide Preventative Maintenance as may be customary for equipment covered by this contract and the following:

Contractor shall complement the standard equipment break/fix service by providing preventative maintenance services to improve equipment uptime and maintain equipment performance.

Contractor services will be available to the government Monday through Friday, from 8:00am to 4:00pm, federal holidays excluded. Preventative Maintenance schedule shall be provided for each machine, and shall be in accordance with recommendation by OEM. This information shall be provided with the offer.

Contractor shall provide certified personnel that will perform the following services”

A preventative maintenance schedule for identified high use equipment to include a plan for exchanging for a lower usage machine periodically.

Help identify potential equipment service problems before they arise.

Perform preventative maintenance tasks.

Maintain an appropriate inventory of parts and consumable supplies.

When required, serve as an interface to off-site technicians or remote diagnostics.

When required, perform color balancing and color printer calibration.

Contractor Maintenance/Equipment Service:

Contractor shall service equipment covered by the contract as necessary to maintain equipment performance levels. The contractor personnel will serve as the initial point of contact to receive and troubleshoot equipment service calls. The contractor at a minimum shall:

Understand common machine fault codes and correct them.

Diagnose and correct common image quality problems.

Replace major components in the print engine, fusing subsystems and paper handling areas of MFD’s (or coordinate additional technical services from contractor provided technical service providers).

Maintain contracted customer uptime.

Provide a 4 hour response time from the initial call.

Maintain a MFD service call log for all machines covered by this contract. This log shall be provided electronically to the CO and Contracting Officer’s Representative (COR) on a monthly basis.

Upon completion of a service request, inform the COR of the resolution to the problem.

Clean equipment supported under this contract.

HOURS OF WORK AND LEGAL GOVERNMENT HOLIDAYS:

All contract work is to be performed during regular administrative working hours, 8:00am to 4:00pm, Monday through Friday, excluding the following listed federal holidays observed by the Department of Veterans Affairs. If the holiday falls on a Saturday, the observed holiday is the prior Friday. If the holiday falls on a Sunday, it is observed the following Monday.

New Year’s Day January 1

Martin Luther King’s Birthday 3rd Monday in January

President’s Day 3rd Monday in February

Memorial Day Last Monday in May

Juneteenth June 19th

Independence Day July 4

Labor Day 1st Monday in September

Columbus Day 2nd Monday in October

Veteran’s Day November 11

Thanksgiving Day Last Thursday in November

Christmas Day December 25

REPORTS

The contractor shall provide at a minimum, the following reports to the COR. All reports are due no later than the 5th of the month following the month being reported. If the 5th falls on a weekend or federally observed holiday, the reports shall be no later than the next normal business day. Reports shall be provided electronically, via email to the CO and the COR.

Meter readings. Report shall identify at a minimum, the following information:

Equipment ID number (Contractor ID number)

Equipment Serial Number

User Group (i.e. Veterans Service Center, Education, SSD, VR&E, etc.)

Machine Model Number

Machine Location (building or out base location)

Beginning meter reading

Ending meter reading

Total impressions per month being reported, per device

Cumulative impressions for the current contract year, per device

Cumulative impressions to date, inclusive of all option years, all devices

Cumulative impressions for the month being reported, all devices

Cumulative impressions for the current contract year, all devices

Cumulative impressions to date, inclusive of all option years, all devices

Maintenance Log: Report summarizing preventative and non-preventative maintenance performed on equipment covered by this contract. This report shall identify any equipment down time for repairs when down time exceeds one (1) hour.

Contractor Service Response: Report indicating the contractor response time responding to end user calls for service or assistance for equipment covered by this contract. Reference Table 1, “Standards of Performance” for specific information required on this report.

Equipment Uptime: Report indicating total uptime (or downtime) of equipment covered by this contract. Reference Table 2, Standards of Performance” for specific information required on this report.

STANDARDS OF PERFORMANCE

Definitions:

Contractor response time: The contactor’s response time is based on the time it takes to respond to a call or notification from the COR of an equipment issue either by phone, email or in person. For the purpose of this definition, a “response” includes, at a minimum, acknowledgement of the call, and a realistic estimate of when the technician can resolve or begin working on the equipment issue in question.

Service Response Time: The time the Service Technician takes to respond on site (or by phone if a site response is not required) to the government initiated service request.

Downtime: Downtime shall mean the number or hours in any calendar month during which an item of equipment covered by this contract, is inoperative for its intended use(s) during the month and such inoperability is not due to customer (end user) misuse, fire, or using the equipment in a manner other than its intended use.

Downtime Calculator: Downtime is calculated from the point in time when the contractor receives the service request for inoperative equipment covered by this contract until such time as the equipment is operative per the contractor/manufacturer specifications. Downtime includes machine repair time and response time when the equipment is inoperative for its intended use(s). Downtime excludes preventative maintenance, equipment move time, and time consumed in service rendered due to user misuse.

Target Response Time: A standard response time for a particular product or service.

Product Family: Equipment Classification based upon standardized volume segments as defined by the contractor. The contractor shall clearly identify its product family classifications and the standard service response time associated with each family class. Service Response Time will be calculated for each product family. As an example:

Low – 22+ PPM 6 hour Response Time

Mid – 45+ PPM 4 hour Response Time

High – 90+ PPM 2 hour Response Time

PERFORMANCE STANDARDS:

The below identified Table 1 and 2 performance criteria, measurement, standards and calculations for reporting purposes applicable to equipment and services that are provided under this contract. In the event the contractor fails to meet the performance standards set for a particular criterion, the contractor shall include in its report a brief explanation as to why the standard was not met and any corrective actions taken to remedy the situation.

Table 1

PERFORMANCE

CRITERIA

MEASUREME

NT

DESCRIPTION/STAND

ARD

CALCULATION

Contractor Service Response Time

95% Response Time

The contractor will respond to COR issues within ONE BUSINESS

HOUR

The measurement for the Contractor Service Response Time is calculated by dividing the total number of calls responded in one hour or less by the number of calls during each month.

Average Technical Service Response Time by Product Family

95% Achievement of Target Response Time

The average amount of time between the contractor or Government initiated service call and the arrival of the Service Technician at this site

The measurement for Average Technical Service Response Time is calculated by dividing the Target Response Time by the Average Service Response Time (ASRT).

Example: Using Mid-Volume family products and assumes the contractors Target Response Time for a Mid- Volume family product is 4 hours

Target Response Time is the contract standardized response time for the Mid-Volume product family.

ASRT is measured by dividing the sum of all Mid-Volume Service Call Response Times (this is done by adding up the total response times for all Mid-Volume family products) by the Total Number of Service Calls on the Mid-Volume pieces of equipment covered under this contract.

Target Response Time – 4 Sum of Service Call Response Times=49 hours Total number of Service Calls = 12 Sample calculation: 4 hours/ (49 hours/12 calls or 4.08) 4/4.08 = 97% Achievement of Target Response Time.

Note: Average Service Response Time is measured for the entire product family and is calculated on a quarterly basis.

PERFORMANCE

CRITERIA

MEASUREMENT DESCRIPTION/STANDARD CALCULATION

Equipment Uptime (Availability Hours)

95% Three Month Rolling Average Uptime

The three month rolling average percentage that the equipment is available for use within the Contracted Period of Coverage.

The measurement for Equipment Uptime is calculated by dividing the (Availability Hours minus Equipment Downtime) by the Availability Hours.

Equipment Downtime is the Total Service Response Time plus Machine Repair Time (excludes normal interrupts, e.g. lunch) Total Service Response- Time is the actual time the technician arrived on site minus the time the initial service call was placed if the machine is in a down “(not fully operational condition).”

Machine Repair Time is the time it takes the technician to repair the machine to be fully operational.

Availability Hours is the contracted period of coverage for that machine (equal to the total number of working days per month times 8 hours for each shift). Example: One shift for the month of March with no holidays would be calculated as 8 hours x 21 days = 168 hours.

EXAMPLE:

Equipment Downtime = Response Time + Repair Time Total Service Response Time = 4 hours Machine Repair Time = 1 hour Equipment Downtime: (4+1)=5 Availability Hours: (21x8)=168 hours Equipment Uptime would be (168-5)/ 1 68= 97%

Note: Availability Hours is calculated for the entire fleet of machines (multiply Contracted Period of Coverage hours by total number of machines) on a 3 month rolling average.

B.3 INVOICING INSTRUCTIONS:

General invoicing instructions are included here.

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

GOVERNMENT INVOICE ADDRESS:

TUNGSTEN (OB10) ELECTRONIC INVOICE SUBMISSION

FSC e-INVOICE PROGRAM THROUGH AUSTIN PORTAL

FSC MANDATORY ELECTRONIC INVOICE SUBMISSION FOR AUSTIN PAYMENTS

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

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

Vendor Electronic Invoice Submission Methods:

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

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

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

Vendor e-Invoice Set-up Information:

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

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

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

• VA TUNGSTEN Number: AAA544240062

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

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

• FSC Internet: http://www.fsc.va.gov/einvoice.asp https://www.tungsten-network.com/customer-campaigns/veteransaffairs https://www.tungsten-network.com/customer-campaigns/veteransaffairs http://www.x12.org/ mailto:VA.Registration@tungsten-network.com mailto:vafsccshd@va.gov http://www.fsc.va.gov/einvoice.asp

B.4 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

12.00 MO __________________ __________________

One (1) Black and White (B/W) multifunction copier with 95-100ppm, 3,000 sheet finisher, 200 sheet stapler, 200-300 sheet dual scan feeders with preventive maintenance.

Copiers in Various Location - See PWS

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 532420 - Office Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W074 - Lease or Rental of Equipment - Office Machines, Text Processing Systems, and Visible Record Equipment

Twenty-Seven (27) B/W multifunction copiers with 30-35ppm, resolution 600x600 dpi, standard paper capacity 500-1,000 sheet paper capacity, and 3,000 sheet feeders with preventive maintenance.

Copiers in Various Locations - See PWS

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 532420 - Office Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W074 - Lease or Rental of Equipment -

Four (4) Color Multifunctional copiers with 55-60ppm, resolution

600x600 dpi, standard paper capacity with 500-1000 sheet paper capacity and 3,000 sheet finisher, MUST include booklet and tri-folding capability with preventive maintenance.

Copiers in Various Location - See PWS Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 532420 - Office Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W074 - Lease or Rental of Equipment -

Seventeen (17) Black and White Multifunctional copiers with 55-

60ppm, resolution 600x600 dpi, high paper capacity with 3000 sheet paper capacity and 3,000 sheet finisher MUST include booklet and tri-folding capability with preventive maintenance.

Copiers in Various Locations – PWS Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 532420 - Office Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W074 - Lease or Rental of Equipment -

Quantity One (1) Black & White Multi-Function Copiers with

Preventive Maintenance.

Contract Period: Option 1 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 532420 - Office Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W074 - Lease or Rental of Equipment -

Quantity Twenty-Seven (27) Black & White Multi-Function Copiers with Preventive Maintenance.

Contract Period: Option 1 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 532420 - Office Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W074 - Lease or Rental of Equipment -

Quantity Four (4) Color Multi-Function Copiers with Preventive Maintenance.

Contract Period: Option 1 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 532420 - Office Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W074 - Lease or Rental of Equipment -

Quantity Seventeen (17) Black & White Multi-Function Copiers with

Preventive Maintenance.

Contract Period: Option 1 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 532420 - Office Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W074 - Lease or Rental of Equipment -

Preventive Maintenance.

Contract Period: Option 2 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 532420 - Office Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W074 - Lease or Rental of Equipment -with Preventive Maintenance.

Contract Period: Option 2 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 532420 - Office Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W074 - Lease or Rental of Equipment -

Preventive Maintenance.

Contract Period: Option 2 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 532420 - Office Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W074 - Lease or Rental of Equipment -

Preventive Maintenance.

Contract Period: Option 2 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 532420 - Office Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W074 - Lease or Rental of Equipment -

Preventive Maintenance.

Contract Period: Option 3 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 532420 - Office Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W074 - Lease or Rental of Equipment -with Preventive Maintenance.

Contract Period: Option 3 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 532420 - Office Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W074 - Lease or Rental of Equipment -

Preventive Maintenance.

Contract Period: Option 3 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 532420 - Office Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W074 - Lease or Rental of Equipment -

Preventive Maintenance.

Contract Period: Option 3 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 532420 - Office Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W074 - Lease or Rental of Equipment -

Preventive Maintenance.

Contract Period: Option 4 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 532420 - Office Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W074 - Lease or Rental of Equipment -with Preventive Maintenance.

Contract Period: Option 4 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 532420 - Office Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W074 - Lease or Rental of Equipment -

Preventive Maintenance.

Contract Period: Option 4 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 532420 - Office Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W074 - Lease or Rental of Equipment -

Preventive Maintenance.

Contract Period: Option 4 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 532420 - Office Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W074 - Lease or Rental of Equipment -

GRAND TOTAL __________________

B.5 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY

DELIVERY

DATE

0001 SHIP TO: SEE PERFORMANCE WORK

STATEMENT

VARIOUS LOCATIONS, OK 74401

USA

12.00 ARO 45-60 Days

MARK

FOR:

Matthew Keefe 918-781-7519 matthew.keefe@va.gov

0002 SHIP TO: SEE PERFORMANCE WORK

STATEMENT

VARIOUS LOCATIONS, OK 74401

USA

12.00 ARO 45-60 Days

MARK

FOR:

Matthew Keefe

0003 SHIP TO: SEE PERFORMANCE WORK

STATEMENT

VARIOUS LOCATIONS, OK 74401

USA

12 .00 ARO 45-60 Days

MARK

FOR:

Matthew Keefe

0004 SHIP TO: SEE PERFORMANCE WORK

STATEMENT

VARIOUS LOCATIONS, OK 74401

USA

12.00 ARO 45-60 Days

MARK

FOR:

Matthew Keefe

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

(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; 41 U.S.C. 4712 and 10 U.S.C. 4701 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 certifications, including those…