36C24125R0070.pdf

Combined Synopsis/Solicitation Notice

*= Required Field Combined Synopsis/Solicitation Notice

SUBJECT* Enterprise‐wide Infusion Pump Fleet Replacement

GENERAL INFORMATION

CONTRACTING OFFICE’S ZIP CODE*

SOLICITATION NUMBER*

RESPONSE DATE/TIME/ZONE

ARCHIVE

RECOVERY ACT FUNDS

SET‐ASIDE

PRODUCT SERVICE CODE*

NAICS CODE*

CONTRACTING OFFICE ADDRESS

POINT OF CONTACT*

04330

36C24125R0070

06‐09‐2025 5:00PM EASTERN TIME, NEW YORK, USA

60 DAYS AFTER THE RESPONSE DATE

N

339112 Department of Veterans Affairs Network Contracting Office 1 (NCO 1) Contracting Officer (90C) 1 VA Center Augusta ME 04330

Contracting Officer Brett Cook Brett.cook@va.gov 727‐366‐0517

PLACE OF PERFORMANCE

ADDRESS Department of Veterans Affairs

Veterans Health Administration

POSTAL CODE

COUNTRY

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

Description

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested, and a written solicitation document will not be issued.

This solicitation # 36C24125R0070 is issued as a “Request for proposals” (RFP). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025‐03 (effective 01/17/2025).

This solicitation is unrestricted and the associated North American Industrial Classification System (NAICS) code for this procurement is 339112, with a small business size standard of 1,000 Employees.

The Product Service Code (PSC) is 6515.

The objective of this acquisition is to procure infusion equipment across the Veterans Affairs (VA) enterprise, including large volume pumps (LVP), syringe pumps, and patient controlled analgesia (PCA) pumps and associated software.

All interested companies shall submit proposals in accordance with instructions to offerors in Section E.1 of this solicitation by the time and date specified on the cover page of this solicitation.

Delivery shall be provided as agreed in any resultant order placed as specified in Section I of the Statement of Work. Delivery shall be F.O.B. Destination.

The provisions at 52.212‐1, Instructions to Offerors‐Commercial Products and Commercial Services, 52.212‐2, Evaluation‐Commercial Products and Commercial Services, and at 52.212‐3, Offeror Representations and Certifications‐Commercial Products and Commercial Services, apply to this acquisition and addenda are attached in SECTION E, as applicable.

Offerors shall include a completed copy of the provision at 52.212‐3, Offeror Representations and Certifications‐Commercial Products and Commercial Services, with their offer.

The clauses at 52.212‐4, Contract Terms and Conditions‐Commercial Products and Commercial Services, and at 52.212‐5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders‐ Commercial Products and Commercial Services, apply to this acquisition and addenda are attached in SECTION C, as applicable.

Interested companies may submit questions pertaining to the solicitation via e‐mail only to brett.cook@va.gov and matthew.mcdonell@va.gov by 10:00 AM EST May 14th, 2025. All questions will be answered and posted via an amendment.

36C24125R0070

Table of Contents

COMBINED SYNOPSIS/SOLICITATION NOTICE

COMBINED SYNOPSIS/SOLICITATION DESCRIPTION

SECTION B - CONTINUATION

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

C.2 52.216-18 ORDERING (AUG 2020)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.5 52.216-32 TASK-ORDER AND DELIVERY-ORDER OMBUDSMAN (SEP 2019) ... 23

C.6 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

C.7 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

C.8 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.9 VAAR 852.211-76 LIQUIDATED DAMAGES-REIMBURSEMENT FOR DATA

BREACH COSTS (FEB 2023)

C.10 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING –

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (NOV 2022)

C.11 VAAR 852.222-71 COMPLIANCE WITH EXECUTIVE ORDER 13899

(DEVIATION) (APR 2025)

C.12 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

C.13 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) . 29

C.14 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.15 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEVIATION) (FEB 2025)

C.16 MANDATORY WRITTEN DISCLOSURES

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023)

E.2 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.4 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.5 52.207-6 SOLICITATION OF OFFERS FROM SMALL BUSINESS CONCERNS

AND SMALL BUSINESS TEAMING ARRANGEMENTS OR JOINT VENTURES

(MULTIPLE-AWARD CONTRACTS) (AUG 2024)

E.6 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.7 52.216-1 TYPE OF CONTRACT (APR 1984)

E.8 52.225-6 TRADE AGREEMENTS CERTIFICATE (FEB 2021)

E.9 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.10 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.11 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

E.12 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021) (TAILORED)

E.13 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION) (FEB

2025)

SECTION B - CONTINUATION

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

Point of Contact:

Phone:

Email:

b. GOVERNMENT:

Brett Cook, Contracting Officer (36C241) Phone: 727-366-0517 Email. brett.cook@va.gov Department of Veterans Affairs Veterans Health Administration (VHA) Regional Procurement Office East (RPOE) Network Contracting Office 1 (NCO 1)

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] In accordance with CLINs/SOW.

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

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

AMENDMENT NO. DATE

The Government intends to award one or more Fixed-Price Indefinite-Delivery Indefinite Quantity contracts resulting from this solicitation. The minimum guarantee shall be $10,000.00 per IDIQ contract. The total maximum quantity of supplies and services that the Government can order under each IDIQ contract will not exceed $100M. The Government is not obligated to purchase supplies and services beyond the minimum guarantee value but shall be obligated to provide payments for all supplies and services that have been performed and accepted in accordance with the terms and conditions of the contract up to the stated maximum value.

Solicitation Note:

System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

B.2 STATEMENT OF WORK

Large Volume Infusion Pumps, Syringe Pumps, and PCA Pumps

A. Requirement Overview The contractor shall provide all hardware, software, and professional services for large volume (LV) infusion pumps, syringe pumps, patient-controlled analgesia (PCA) pumps, and infusion library/dataset software components.

The contractor shall provide goods and perform services to the Department of Veterans Affairs (VA) in accordance with the tasks and deliverables as described in this Statement of Work (SOW). The contractor shall provide technical support for the installation of each device as well as integration with the quality improvement, medication management, reporting infrastructure and Electronic Health Record (EHR) system at each VA facility (or VISN, if applicable). In addition, the contractor shall provide clinical and technical user training, as needed, to ensure safe operation of the new infusion pumps. Final acceptance is completed once all equipment has been delivered, training, implementation, and any integration has been accomplished, and turnover/go-live has been completed.

The contract will have a five-year ordering period.

B. Technical Requirements B.1 Large Volume, Syringe and PCA Pumps B.1.1 The pump shall be FDA approved.

B.1.2 Parts, consumables, and product support shall be available for the useful life of the device.

B.1.3 Remediation, vulnerability fixes, and upgrade services pertaining to recalls and medical device correction notices shall be available at no-cost to VA for the useful life of the device.

B.1.4 The pump shall be cleanable with hospital-grade disinfectant.

B.1.5 The pump shall have ingress protection for liquids.

B.1.6 The pump shall have free flow and unintentional bolus prevention mechanisms.

B.1.7 The pump’s display must be large enough to display critical information, such as the drug or fluid name, strength and volume or concentration, and dose over time or dose rate. The end user should be able to adjust the contrast between the text and background to operate effectively in varied lighting conditions.

B.1.8 Alarm settings must be configurable. The pump shall have alarm volume control and capability for the end user to momentarily silence it.

B.1.9 The pump shall have patient anti-tampering features.

B.1.10 The pump must be capable of delaying the start of an infusion when a time limit is specified.

B.1.11 The pump shall have automatic switching to battery power upon line-power interruption.

B.1.12 The pump shall be transportable and sustain a minimum 4-hour battery run time.

B.1.13 The pump shall have event storage capability.

B.1.14 Any serviceable pump shall have the ability to be maintained by qualified VA biomedical technicians.

B.2 Large Volume Pumps B.2.1 The infusion library/dataset can be transmitted to the pump wirelessly.

B.2.2 The pump shall be capable of continuous and intermittent delivery of fluids, medications, and blood products to patients.

B.2.3 The pump is capable of a flow rate of 0.5 mL/hr to 999 mL/hr with a precision of 0.1 mL/hr at flow rates up to 100 mL/hr and precision of 1 mL/hr for rates above 100 mL/hr. Volume to be infused allowed during programming must be at least 3000 mL.

B.2.4 The pump must be capable of delivering bolus doses programmed as either weight-based or non-weight based.

B.2.5 The pump shall allow entry of a metric patient weight for weight-based dose calculations.

B.2.6 The pump shall be validated by Oracle Health’s CareAware Platform to support medical device integration. Validation status will be evaluated upon receipt of response to each fair opportunity solicitation. See also Paragraph I, Ordering Procedures.

B.3 Syringe Pumps B.3.1 The infusion library/dataset can be transmitted to the pump wirelessly.

B.3.2 The pump is capable of a flow rate of 0.1 mL/hr to 999 mL/hr with a precision of 0.1 mL/hr at flow rates up to 100 mL/hr and precision of 1 mL/hr for rates above 100 mL/hr.

B.3.3 The pump is able to deliver bolus doses programmed as either weight-based or non-weight based.

B.3.4 The pump shall accommodate non-proprietary syringes (10 mL to 60 mL) for the delivery of medication.

B.3.5 The pump shall be validated by Oracle Health’s CareAware Platform to support medical device integration. Validation status will be evaluated upon

B.4 PCA Pumps B.4.1 The infusion library/dataset can be transmitted to the pump wirelessly or via a wired connection.

B.4.2 The pump must allow the programming of a continuous rate and bolus doses to be administered by the clinician. It must also be capable of delivering patient-initiated bolus doses requested via a pendant or similar.

B.4.3 The pump must be able to limit delivery of medication based on maximum accumulated dose values over a preset amount of time. The pump must also be capable of setting a minimum interval of time between patient-initiated dose requests.

B.4.4 The pump shall accommodate non-proprietary disposables (10-60 mL for syringe-driven devices or 50-250 mL for reservoir-based devices) for the delivery of medication.

B.4.5 The pump must be capable of securing controlled substances with a compatible external device or integrated lockable housing.

B.4.6 A history of medication doses delivered to the patient and total amount over a specified time must be readily accessible to the end user.

B.5 IV Stands Should the contractor provide IV stands with the VA’s purchase of infusion equipment, the stands shall meet the following minimum criteria:

B.5.1 Have hospital grade casters with locking brakes.

B.5.2 Be cleanable with hospital-grade disinfectant.

B.5.3 Be made of heavy-duty stainless steel.

B.5.4 Have an adjustable height.

B.5.5 Have a weighted base.

B.5.6 Have a minimum of 2 bag/bottle holders.

B.6 Dose Error Reduction System (DERS) Software (“Infusion Library”) B.6.1 DERS shall aid in prevention of infusion programming-related errors and will alert the end user to a potential under- or over-delivery of a medication or fluid by comparing values entered against preset limits defined in the infusion library/dataset.

B.6.2 Care areas, profiles, or similar allow customization of selectable products and associated limits.

B.6.3 Each entry allows for the addition of clinical uses, therapies, or similar, to modify the content to better reflect intended use.

B.6.4 An entry-specific alert or advisory can be clearly presented to the end user on the pump display.

B.6.5 Customizable limits are available for dose rate, dose, duration, concentration, bolus dose, and bolus rate of administration where applicable. These shall include lower hard limits, lower soft limits, upper soft limits, and upper hard limits.

Limits must allow for configuration of both weight-based and non-weight-based values. At least one lower and one upper limit must be required.

B.6.6 Allowable values for dose and concentration limits must align with commonly used medications in clinical practice. Specifications will be evaluated upon

B.7 Reporting B.7.1 Infusion pump reports and continuous quality improvement (CQI) data shall be available to authorized end users. Pumps enabled to communicate wirelessly with the VA network will also be able to provide any stored data in this manner on-demand, without manufacturer-imposed access restrictions.

B.7.2 CQI data will be robust and reports will include established metrics to optimize DERS and improve infusion safety. Metrics defined by the Institute for Safe Medication Practices shall be considered standard of care for reporting and available at no additional cost.

B.7.2.1 Facility compliance with DERS.

B.7.2.2 Compliance rate with DERS by care area/profile (or similar).

B.7.2.3 Compliance rate by medication or fluid entry.

B.7.2.4 Total number of alerts by alert type.

B.7.2.5 Total number of alerts by infusion parameter.

B.7.2.6 Total number of alerts by medication or fluid entry.

B.7.2.7 Percentage of alerts overridden by the end user.

B.7.2.8 Number and percentage of cancelled infusions.

B.7.2.9 Percentage of alerts resulting in reprogramming by the end user.

B.7.3 On-demand retrieval of pump event/alert logs, device utilization data, and cybersecurity status reports must be available to authorized end users.

C. Integration and Project Management C.1 Prior to device delivery, the contractor shall provide the following:

C.1.1 Server and workstation specifications.

C.1.2 Serial numbers.

C.1.3 MAC addresses of any wireless devices.

C.2 The contractor shall provide on-site installation services, to include the following (where applicable):

C.2.1 Unboxing.

C.2.2 Staging of equipment.

C.2.3 Incoming inspection on pumps.

C.2.4 Download of infusion library/dataset.

C.2.5 Asset sticker tagging.

C.2.6 Maintenance sticker tagging.

C.2.7 RTLS tagging.

C.2.8 Disinfection of equipment.

C.2.9 Removal of trash.

C.3 The contractor shall connect all applicable pumps to the wireless network and server. Performance shall be validated and documented.

C.4 The contractor shall provide project management services, including, but not limited to, the following:

C.4.1 Determining project tasks.

C.4.2 Scheduling meetings with stakeholders.

C.4.3 Developing timelines.

C.4.4 Closing out project with sustainment plan.

C.5 The contractor shall provide a formal report at the conclusion of deployment to include the following for each item:

C.5.1 Model.

C.5.2 Serial number.

C.5.3 Asset number.

C.5.4 Original deployment location.

C.5.5 Incoming inspection results.

C.5.6 Manufacturer inspection results (if applicable).

C.6 The cost of travel for onsite installation, training, implementation, and integration services must not exceed the federal Joint Travel Regulations (JTR) rates.

D. Information Security D.1 All VA sensitive information shall be protected at all times, in accordance with

VA Handbook 6500.6. The contractor shall follow all VA rules and regulations regarding information security to prevent disclosure of sensitive information to unauthorized individuals or organizations, and shall adhere to all VA Privacy & Security, the Privacy Act, and Health Insurance Portability and Accountability Act (HIPPA) requirements when obtaining and reviewing information.

D.2 The contractor shall report any known or expected security/privacy incidents, or any unauthorized disclosure of sensitive information, to the Contractor Officer’s Representative (COR) within 24 hours of discovery.

D.3 The infusion pumps shall comply with VA Directive 6550. Compliance will be determined using the 6550 Appendix A upon receipt of response to each fair opportunity solicitation. See also Paragraph I, Ordering Procedures.

D.3.1 The infusion pumps shall run on an operating system currently supported by the operating system manufacturer.

D.3.2 The infusion pumps or wireless cards shall be FIPS 140-2 or FIPS 140-3 certified if using 802.11 wireless networking. For wireless-capable devices, document the FIPS certification number in the completed 6550 Appendix A.

D.3.3 External, vendor-managed cloud systems shall be approved by the VA Digital Transformation Center (DTC) and associated authorizations prior to deployment of any and all equipment.

D.3.4 Any required remote service external to VA shall have a memorandum of understanding/interconnection security agreement (MOU/ISA) with the

VA.

E. Training Requirements Clinician and Biomedical Technician training offerings will be assessed upon receipt of response to each fair opportunity solicitation. See also Paragraph I, Ordering Procedures. The following is required:

E.1 The contractor shall provide face to face clinical training to VA Nursing staff, Pharmacy personnel, and designated super users.

E.2 The contractor shall coordinate education needs and competency assessments with Nursing Education Department or designee.

E.3 Training shall be completed for all Nursing and Pharmacy shifts.

E.4 The contractor shall provide technical training to Biomedical Technicians.

Training may occur on-site, off-site, or virtual.

E.5 The contractor shall provide access to Preventive Maintenance (PM) and

Corrective Maintenance (CM) procedures, including any calibration or maintenance software (if applicable).

F. Service Requirements F.1 The contractor shall provide the following infusion pump documentation:

F.1.1 Two (2) copies of operator instruction manuals (one (1) electronic and one (1) physical copy) per VA facility.

F.1.2 Two (2) copies of service manuals (one (1) electronic and one (1) physical copy) per VA facility.

F.1.3 Two (2) copies of Indications for Use (IFU) (one (1) electronic and one (1) physical copy) per VA facility.

F.2 Manuals shall be permitted to be uploaded to VA’s OneSource application.

F.3 The infusion pumps, software, and accessories shall be covered under the manufacturer’s warranty and shall include all parts and labor for one (1) year following acceptance by the VA facility.

G. Travel or Special Requirements The contractor shall submit all proposed travel plans to the Contracting Officer (CO) and Contracting Officer Representative (COR) for review and approval no less than five (5) business days in advance of the anticipated departure date.

Travel costs, if necessary, will be included in delivery orders. See also Paragraph I, Ordering Procedures.

Travel that occurs without pre-approval by the COR will NOT be reimbursed Travel and per diem expenses shall be in accordance with Federal Travel Regulations and FAR 31.205-46.

H. Performance Period Delivery, installation, training, and integration will be evaluated at time of response to each fair opportunity solicitation. See also Paragraph I, Ordering Procedures.

Normal hours of work are defined by the local facility, excluding Federal holidays, or as otherwise arranged with the COR.

There are eleven (11) Federal holidays set by law (USC Title 5 Section 6103) that VA follows. Under current definitions, five (5) are set by date:

New Year’s Day January 1 Juneteenth National Independence Day June 19 Independence Day July 4 Veterans Day November 11 Christmas Day December 25

I. Ordering Procedures Orders will be placed with the multiple-award IDIQ contractors. Each order must be placed during the IDIQ contract's ordering period. See FAR Clause 52.216-18. Each delivery order will establish the delivery date and related incidental services required (e.g., installation, integration, training, go-live, etc.). All IDIQ contractors will be provided a fair opportunity to compete for each order unless an order is supported by an approved exception to fair opportunity justification. Fair opportunity solicitations will be issued to all IDIQ contractors electronically by a contracting officer to the identified point of contact for each contractor. Each fair opportunity solicitation will identify the selection criteria for the applicable order.

Orders will contain the following information:

(i) Date of order.

(ii) Contract number and order number.

(iii) Line item number, subline item number (if applicable), description, quantity, and unit price. The corresponding line item number and subline item number from the base contract shall also be included.

(iv) Delivery or performance schedule.

(v) Place of delivery.

(vi) Any packaging, packing, and shipping instructions.

(vii) Accounting and appropriation data.

(viii) Method of payment and payment office, if not specified in the contract (see 32.1110(e)).

(ix) North American Industry Classification System code 339112.

Additionally, all responses to fair opportunity solicitations shall include the following:

I.1 Evidence of current allowable values for dose and concentration limit alignment with commonly used medications in clinical practice.

I.2 Completed VA Directive 6550 Appendix A. For wireless-capable devices, document the FIPS certification number in the completed Appendix A.

I.3 Written training plan to address requirements of Section E, Training

Requirements.

I.4 Site-specific delivery and implementation plan to meet required go-live date.

I.5 Evidence of Oracle Health’s CareAware Platform validation for specified device-level workflows and infusion management solutions, including successful bi-directional communications.

J. References Institute for Safe Medication Practices (ISMP). ISMP Guidelines for Optimizing Safe Implementation and Use of Smart Infusion Pumps.

ISMP; 2020. https://www.ismp.org/node/972

(End of Statement of Work)

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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

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

and

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

FAR

Number

Title Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS NOV 2023

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

JAN 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR

INFORMATION SYSTEMS

NOV 2021

52.227-19 COMMERCIAL COMPUTER SOFTWARE LICENSE DEC 2007

52.228-5 INSURANCE—WORK ON A GOVERNMENT

INSTALLATION

JAN 1997

52.232-18 AVAILABILITY OF FUNDS APR 1984

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS,

EQUIPMENT, AND VEGETATION

APR 1984

52.237-3 CONTINUITY OF SERVICES JAN 1991

852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE DEC 2022

852.203-70 COMMERCIAL ADVERTISING MAY 2018

852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

MAY 2020

852.204-71 INFORMATION AND INFORMATION SYSTEMS SECURITY FEB 2023

852.208-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-

OWNED SMALL BUSINESS EVALUATION FACTORS –

ORDERS OR BPAS

NOV 2022

852.208-71 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-

OWNED SMALL BUSINESS EVALUATION FACTOR

COMMITMENTS – ORDERS AND BPAS

NOV 2022

852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS FEB 2023

852.212-72 GRAY MARKET AND COUNTERFEIT ITEMS –

INFORMATION TECHNOLOGY MAINTENANCE

ALLOWING OTHER-THAN-NEW PARTS

FEB 2023

852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-

OWNED SMALL BUSINESS EVALUATION FACTORS

(DEVIATION)

JAN 2023

852.215-71 EVALUATION FACTOR COMMITMENTS OCT 2019

852.219-70 VA SMALL BUSINESS SUBCONTRACTING PLAN

MINIMUM REQUIREMENTS (DEVIATION)

JAN 2023

852.237-75 KEY PERSONNEL OCT 2019

852.239-70 SECURITY REQUIREMENTS FOR INFORMATION

TECHNOLOGY RESOURCES

FEB 2023

852.246-71 REJECTED GOODS OCT 2018

(End of Addendum to 52.212-4)

C.2 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the effective date of the contract through the end of the effective period.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of Clause)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than one unit, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $100,000.00;

(2) Any order for a combination of items in excess of $20,000,000.00; or

(3) A series of orders from the same ordering office within one day that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after the end of the effective period.

(End of Clause)

C.5 52.216-32 TASK-ORDER AND DELIVERY-ORDER OMBUDSMAN (SEP

2019)

(a) In accordance with 41 U.S.C. 4106(g), the Agency has designated the following task-order and delivery-order Ombudsman for this contract. The Ombudsman must review complaints from the Contractor concerning all task-order and delivery-order actions for this contract and ensure the Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the procedures in the contract.

Deeneen Akeo 810 Vermont Avenue NW Washington, DC 20420 202-461-4277 deeneen.akeo@va.gov

(b) Consulting an ombudsman does not alter or postpone the timeline for any other process (e.g., protests).

(c) Before consulting with the Ombudsman, the Contractor is encouraged to first address complaints with the Contracting Officer for resolution. When requested by the Contractor, the Ombudsman may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.

(End of Clause)

C.6 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR

(APR 1984)

Funds are not presently available for performance under this contract beyond September 30, 2025. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30, 2025, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

C.7 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(a)The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b)The use in this solicitation or contract of any VAAR (48 CFR Chapter 8) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

C.8 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause)

C.9 VAAR 852.211-76 LIQUIDATED DAMAGES-REIMBURSEMENT FOR

DATA BREACH COSTS (FEB 2023)

(a) Definition. As used in this clause, “contract” means any contract, agreement, order or other instrument and encompasses the definition set forth in FAR 2.101.

(b) Non-disclosure requirements. As a condition of performance under a contract, order, agreement, or other instrument that requires access to sensitive personal information as defined in VAAR 802.101, the following is expressly required—

(1) The Contractor, subcontractor, their employees or business associates shall not, directly or through an affiliate or employee of the Contractor, subcontractor, or…