36C24218Q0316-001.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. DUNS: DUNS+4:

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. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 68

630-18-1-4454-0002

36C24218Q0316 03-19-2018

MILLS, BRAD | William.Mills4@va.gov 914.737.4400 x2074 03-26-2018

9:00AM EDT

36C242

Department of Veterans Affairs

Network Contracting Office 2

James J. Peters VA Medical Center

130 West Kingsbridge Road

Bronx NY 10468-3904

X

811219

$20.5 Million

N/A

Department of Veterans Affairs

New York Harbor Healthcare System

Brooklyn & St Albans campuses

800 Poly Place

Brooklyn NY 11209-7104

36C242

Department of Veterans Affairs

James J. Peters VA Medical Center

Network Contracting Office 2

Tungsten Network http://www.tungsten-network.com/us/en

/veterans-affairs

See CONTINUATION Page

This requirement is for a Purchase Order award for Patient

Safety Lifts Preventive Maintenance Inspection and Repair

Services, including call-back repairs, at the New York

Harbor Healthcare System Brooklyn and St Albans campuses.

Performance Period is a twelve-month base period with four option years.

All solicitations questions are due by March 22, 2018 at

5:00PM EDT.

See CONTINUATION Page

X X

X 1

36C24218Q0316

Table of Contents

SECTION A

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

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN

2011)

B.3 STATEMENT OF WORK

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 ITEMS (JAN

2017)

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

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

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

C.5 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.6 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008)

C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2012)

C.8 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

C.9 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2018)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 Quality Assurance Surveillance Plan

Various methods exist to monitor performance. The COR shall use the surveillance methods listed below in the administration of this QASP

D.2 WAGE DETERMINATION

SECTION E - SOLICITATION PROVISIONS

E.1 INSTRUCTIONS TO OFFERORS - ADDENDUM

E.2 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015) 48

E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

E.4 52.216-1 TYPE OF CONTRACT (APR 1984)

E.5 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.6 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(JAN 2008)

E.7 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998)

E.8 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) .. 52

E.9 VAAR 852.273-70 LATE OFFERS (JAN 2003)

E.10 VAAR 852.273-74 AWARD WITHOUT EXCHANGES (JAN 2003)

E.11 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.12 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.13 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

ITEMS (NOV 2017)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

(continuation from Standard Form 1449, block 18A.)

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C242 Brad Mills | William.Mills4@va.gov

Network Contracting Office 2

James J. Peters VA Medical Center

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] Annually; Additional call-back repairs within 30 days.

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.

Tungsten Network http://www.tungsten-network.com/us/en

/veterans-affairs

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

AMENDMENT NO DATE

B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN

2011)

This solicitation includes FAR 52.219-4 Notice of Price Evaluation Preference for HubZone Small Business Concerns.

Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of

VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest

Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR

9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

B.3 STATEMENT OF WORK

1. SCOPE OF WORK. The contractor shall provide all personnel, equipment, tools, vehicles, materials, supervision of a certified-licensed technician and other items and services necessary to perform preventive maintenance and call-back repairs for fifty-five (55) Maxi Sky 600 and one (1) Voyager 420 Ceiling-Mounted Patient Lifts and associated tracks at

Brooklyn Campus, and one hundred and two (102) Maxi Sky 600, one (1) Voyager A20, and one (1) Voyager 420

Ceiling-Mounted Patient Lifts and associated tracks at St. Albans Community Living Center of the NY Harbor Healthcare

System, Department of Veterans Affairs.

Contractor will provide one annual preventive maintenance inspection; 50 callbacks overall to include parts/installation. Contractor will provide a unit price per visit in excess of 50 callbacks. Response to callbacks will occur within 24-hours of notification.

1.1. FACILITIES. The equipment to be maintained is identified in the Equipment Inventory lists provided at paragraph

1.7. CEILING LIFTS INVENTORY. A sample inspection checklist is provided at paragraph 1.8.

1.2 PERSONNEL QUALIFICATIONS. Before allowing employees to start work under the terms of this contract, the

Contractor shall ensure that employees have the required qualifications and, if applicable, have the required current and valid professional certifications and licenses in compliance with federal, state, and local environmental requirements or laws. Personnel operating motor vehicles will have a valid state driver’s license and abide by all NY Harbor Healthcare

System traffic laws, i.e. hands-free cell phone use while driving, and parking requirements. When requested, the

Contractor will provide the CO and on-site COR with information on the qualifications or certifications for employees and sub-Contractors. Licensed journeyman tradespersons shall be licensed for their respective trades in accordance with city, county, state or federal requirements. Contactor will ensure all certificates; licenses and bonds are kept current and valid.

All licenses and certifications will be submitted to the on-site COR and QAE annually or as requested. Associated training, licensing and certifications’ expenses shall be borne by the Contractor.

1.2.1 Minimum Staffing The Contractor will maintain minimum staffing requirements on a 24/7/365 basis to respond to emergencies in accordance with the response times identified in this SOW. The Contractor is encouraged to perform maintenance that affects the normal operations of the healthcare facility during off peak hours to the fullest extent possible to reduce patient care interruption.

1.2.2 Personnel Requirements for the patient lift Systems. The Contractor will ensure that technicians who perform maintenance on the patient lift are licensed and authorized to maintain, inspect and perform repairs on ARJO Ceiling

Mounted Patient Lifts and have received adequate training prior to operating or maintaining the equipment as per manufacturer recommendations and joint commission guides.

1.3. Preventive Maintenance Inspection Procedures:

1.3.1. Scheduled Annual Maintenance:

Perform load testing to manufacturer’s specifications

Inspect frame interlocks and hardware for serviceability and missing parts

Inspect cassette gears for wear

Inspect connecting joints for proper attachment (cassette trolley and spreader bar)

Verify that the emergency brake on the drum is turning freely

Verify performance of emergency devices

Inspect and torque track end stoppers

Inspect visibility of bracket locking device

Inspect rail joints and centering of spring pins

Inspect/verify centering of rails

Verify serviceability of any installed accessories (turntables and/or exchangers)

Verify placement of installed fixed components

Verify proper voltage output from fixed battery charger and continuous chargers

Inspect complete length of lift strap for wear

Inspect slings for wear

Verify correct calibration of installed weight measurement devices (scales)

Load test batteries

Diagnose and correct system issues

Perform a complete function check upon completion of repairs to ensure proper operation, serviceability and safety

1.3.2. Biennial (every two years) Scheduled Maintenance:

Perform annual inspection

Change lift strap

Replace system batteries as per patient safety lift instructional manual

1.3.3. Repairs:

Respond to callback within 24 hours.

Place equipment in first-class operating condition based on pm parameters above. Provide all parts and materials, including batteries, for callback repairs.

1.4. WARRANTY ENFORCEMENT. The on-site COR shall be responsible for tracking and Contractor compliance with manufacturers’ and contract warranties and shall maintain on-site records of equipment bearing warranties in addition to ensuring the Contractor provides fully completed worksheets to the Facility Management. The Contractor will annotate equipment O&M records showing warranted items and warranty expiration dates on all equipment. The Contractor shall provide supporting documentation for any warranty claims to the on-site COR. The Government will provide the

Contractor with all existing warranty documentation at the start of the task order.

1.5. REMOVAL FROM COVERAGE: Contractors shall notify the CO and COR at least one (1) year prior to the effective date of their intent to remove an equipment item from coverage because it has passed life expectancy and can no longer be economically maintained. This change can only be done after the performance period has ended and effective at the start of the next performance period, if applicable, and subject to the completion of a bilateral modification signed by the Contracting Officer. The facility must take appropriate action to replace the equipment in order to have coverage on that specific equipment item. In the event the facility cannot or does not replace identified equipment, coverage for that equipment will cease and the Contract Line Item Number extended amount will be adjusted accordingly.

1.6. DELIVERABLES: The contractor will provide inspection, maintenance, and repair reports to the Chief of Engineer, and Chief of Biomed section. The report is to be provided within the completion of the PM cycle (monthly PM-monthly report, semi-annual PM- semi-annual report …). The reports shall comply with manufacturer requirements and joint commission regulations.

Use of VA designated checklist or equal (Attached Checklist) Reports must be signed by the service provider, a designated VA Witness and the Manager for the Department utilizing the lifts at completion of work. An electronic version of same shall be sent to the COR.

1.7 CEILING LIFTS INVENTORY:

BROOKLYN CEILING LIFTS

Location Model Serial Number Location Model Serial Number

1 11-201 Maxi Sky 600 LD490849780 29 12-217 Voyager 420 ALB3-2FB2669

2 11-202 Maxi Sky 600 LD220731841 30 12-219 Maxi Sky 600 LD490849809

3 11-202 Maxi Sky 600 LD220731841 31 12-220 Maxi Sky 600 no motor

4 11-206 Maxi Sky 600 LD490849802 32 12-227 Maxi Sky 600 LD490849783

5 11-207 Maxi Sky 600 LD490849781 33 12-300 Maxi Sky 600 LD220731852

6 11-209 Maxi Sky 600 LD490849784 34 12-301 Maxi Sky 600 LD220731828

7 11-216 Maxi Sky 600 LD490849782 35 12-304 Maxi Sky 600 LD220731855

8 11-217 Maxi Sky 600 LD490849806 36 12-305 Maxi Sky 600 LD490849805

9 11-218 Maxi Sky 600 LD490849807 37 12-309 Maxi Sky 600 LD490849789

10 11-219 Maxi Sky 600 LD490849812 38 12-310 Maxi Sky 600 LD471071030

11 11-220 Maxi Sky 600 LD220731838 39 12-311 Maxi Sky 600 LD471071015

12 11-221 Maxi Sky 600 LD490849798 40 12-313 Maxi Sky 600 LD471070999

13 11-223 Maxi Sky 600 LD490849794 41 12-315 Maxi Sky 600 LD471071018

14 11-224 Maxi Sky 600 LD490849785 42 2-411A Maxi Sky 600 LD490849787

15 11-225 Maxi Sky 600 LD490849811 43 2-411B Maxi Sky 600 LD490849797

16 11-227 Maxi Sky 600 LD490849803 44 2-413 Maxi Sky 600 LD490849791

17 11-228 Maxi Sky 600 LD490849792 45 6-316 Maxi Sky 600 LD471071019

18 11-301 Maxi Sky 600 LD471070997 46 6-316 Maxi Sky 600 LD220731829

19 11-302 Maxi Sky 600 LD490849796 47 6-326 Maxi Sky 600 LD471070996

20 11-303 Maxi Sky 600 LD220731821 48 7-220 Maxi Sky 600 LD490849790

21 11-304 Maxi Sky 600 LD220731854 49 8-301 Maxi Sky 600 LD490849804

22 11-305 Maxi Sky 600 LD471071034 50 8-304 Maxi Sky 600 LD490849800

23 11-306 Maxi Sky 600 LD490849801 51 8-309 Maxi Sky 600 LD471071033

24 11-307 Maxi Sky 600 LD490849793 52 8-310 Maxi Sky 600 LD471071013

25 11-311 Maxi Sky 600 LD471071038 53 8-320 Maxi Sky 600 LD471071003

26 11-320 Maxi Sky 600 LD490849788 54 ER G-520 Maxi Sky 600 LD490849795

27 12-202 Maxi Sky 600 LF220731839 55 ER G-521 Maxi Sky 600 LD471071017

28 12-216 Maxi Sky 600 LD220731809 56 ER G-522 Maxi Sky 600 LD490849808

ST ALBANS CEILING LIFTS

Locatio n Model Serial Number

EE

Number

Locatio n Model Serial Number

EE

Number

1 A-401 Maxi Sky 600 LD381068904 26379 53 C-106 Maxi Sky 600 LD490849864 35203

2 A-403 Maxi Sky 600 LD381068907 26378 54 C-125 Maxi Sky 600 LD461181463 35210

3 A-404 Maxi Sky 600 LD381058909 26380 55 C-125 Maxi Sky 600 LD461181459 35209

4 4-405 Maxi Sky 600 LD381068889 26377 56 C-201 Maxi Sky 600 LD490849866 155917

5 A-406 Maxi Sky 600 LD381068902 26381 57 C-201 Maxi Sky 600 LD490849868 155916

6 A-407 Maxi Sky 600 LD381068882 26376 58 C-204 Maxi Sky 600 LD490849872 155907

7 4-408 Maxi Sky 600 LD381068886 26382 59 C-204 Maxi Sky 600 LD490849873 155908

8 A-409 Maxi Sky 600 LD381068893 26375 60 C-205 Maxi Sky 600 LD490849852 156196

9 A-410 Maxi Sky 600 LD381068903 26383 61 C-206 Maxi Sky 600 LD490849848 156167

10 A-421 Maxi Sky 600 LD381068905 26384 62 C-207 Maxi Sky 600 LD490849875 156162

11 A-422 Maxi Sky 600 LD381068887 26391 63 C-207 Maxi Sky 600 LD490849874 156158

12 A-423 Maxi Sky 600 LD381068888 26385 64 C-221 Maxi Sky 600 LD381068899 35202

13 A-424 Maxi Sky 600 LD381068890 26390 65 C-221 Maxi Sky 600 LD490849863 156233

14 A-426 Maxi Sky 600 LD381068898 26389 66 C-309 Maxi Sky 600 LD490849871 155715

15 A-429 Maxi Sky 600 LD381068892 26386 67 C-309 Maxi Sky 600 LD490849869 155717

16 A-430 Maxi Sky 600 LD381068891 26388 68 C-308 Maxi Sky 600 LD490849857 35188

17 A-433 Maxi Sky 600 LD381068883 26387 69 C-308 Maxi Sky 600 LD490849867 155496

18 A-501 Maxi Sky 600 LD490849856 155114 70 C-307 Maxi Sky 600 LD461181451 35187

19 A-502 Maxi Sky 600 LD381068878 35169 71 C-307 Maxi Sky 600 LD160840383 155505

20 A-503 Maxi Sky 600 LD480848927 155124 72 C-306 Maxi Sky 600 LD490849860 155510

21 A-504 Maxi Sky 600 LD480848925 158680 73 C-306 Maxi Sky 600 LD490849870 155509

22 A-505 Maxi Sky 600 LD160840400 155240 74 C-304 Maxi Sky 600 LD490849865 155736

23 A-506 Maxi Sky 600 LD381068895 35176 75 C-304 Maxi Sky 600 LD381068881 35186

24 A-506 Maxi Sky 600 LD461181464 35177 76 C-324 Maxi Sky 600 LD160840380 155518

25 A-507 Maxi Sky 600 LD461181468 37146 77 D-301 Maxi Sky 600 LD381068897 35189

26 A-507 Maxi Sky 600 LD461181472 35178 78 D-301 Maxi Sky 600 LD381068896 35190

27 A-508 Maxi Sky 600 LD381068894 158682 79 D-302 Maxi Sky 600 LD461181461 37065

28 A-509 Maxi Sky 600 LD461181467 35170 80 D-302 Maxi Sky 600 LD461181476 37066

29 A-510 Maxi Sky 600 LD461181466 35172 81 D-305 Maxi Sky 600 LD381068880 35191

30 A-510 Maxi Sky 600 LD461181465 35171 82 D-305 Maxi Sky 600 LD461181416 35192

31 A-511 Maxi Sky 600 LD430846332 155406 83 D-306 Maxi Sky 600 LD461181456 35194

32 A-512 Maxi Sky 600 LD461181452 35174 84 D-306 Maxi Sky 600 LD461181454 35193

33 A-512 Maxi Sky 600 LD461181449 35173 85 D-307 Maxi Sky 600 LD461181473 35196

34 A-514 Maxi Sky 600 LD480848924 155340 86 D-307 Maxi Sky 600 LD461181470 35195

35 A-515 Voyager 420

ALB3-4FB-

155326 87 D-308 Maxi Sky 600 LD461181462 35197

36 A-516 Maxi Sky 600 LD381068884 35175 88 D-308 Maxi Sky 600 LD461181474 35198

37 A-517 Maxi Sky 600 LD480848926 155330 89 D-323 Maxi Sky 600 LD410518032 155845

38 B-242 Maxi Sky 600 LD490849854 155929 90 B-342 Maxi Sky 600 LD461181455 32799

39 B-238 Maxi Sky 600 LD490849850 156341 91 B-342 Maxi Sky 600 LD490849842 155865

40 B-234 Maxi Sky 600 LD461181450 35201 92 B-338 Maxi Sky 600 LD381068885 159168

41 B-232 Maxi Sky 600 LD490849845 156381 93 B-334 Maxi Sky 600 LD190841044 156068

42 B-222 Maxi Sky 600 LD490849855 156413 94 B-332 Maxi Sky 600 LD490849846 156107

43 B-214 Maxi Sky 600 LD490849849 156434 95 B-322 Maxi Sky 600 LD490849851 156128

44 B-212 Maxi Sky 600 LD381068901 35200 96 B-314 Maxi Sky 600 LD461181471 35184

45 B-210 Voyager A20

ALB3-4FB-

209T 35211 97 B-312 Maxi-Sky 600 LD190841046 35183

46 B-206 Maxi Sky 600 LD461814448 35207 98 B-310 Maxi Sky 600 LD461181453 35182

47 B-258 Maxi Sky 600 LD490849860 155510 99 B-306 Maxi Sky 600 LD490849858 155896

48 C-109 Maxi Sky 600 LD461814448 35207 100 Morgue Maxi Sky 600 LD490849847

49 C-109 Maxi Sky 600 LD381068879 35208 101 A-318 Maxi Sky 600 LD490849859 155428

50 C-108 Maxi Sky 600 LD490849861 35206 102 A-314 Maxi Sky 600 LD461181477 35180

51 C-107 Maxi Sky 600 LD461181475 35204 103 A-314 Maxi Sky 600 LD470848871 155439

52 C-107 Maxi Sky 600 LD381068900 35205 104 A-626 Maxi Sky 600 LD480848936 155100

1.8 PATIENT LIFT INSPECTION CHECKLIST:

B.4 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Preventive maintenance and call-back repairs for fifty-five (55) Maxi Sky

600 and one (1) Voyager

420 Ceiling-Mounted

Patient Lifts and associated tracks at

Brooklyn campus

Contract Period: Base

POP Begin: 04-01-2018

POP End: 03-31-2019

Includes up to 50 call-back repair calls.

1.00 YR

0001AA Preventive maintenance and call-back repairs -

Maxi Sky 600 Ceiling-

Mounted Patient Lifts and associated tracks

Contract Period: Base

POP Begin: 04-01-2018

POP End: 03-31-2019

55.00 EA

0001AB Preventive maintenance and call-back repairs -

Voyager 420 Ceiling-

Mounted Patient Lifts and associated tracks

Contract Period: Base

1.00 EA

0001AC Additional Call-back

Repair Calls – Brooklyn campus

Each call-back under this

SLIN is priced at

$____________ per job.

Contract Period: Base

POP Begin: 04-01-2018

POP End: 03-31-2019

After the initial 50 call-back repair calls during this period. Quantity listed is an estimate for pricing purposes and may be increased or decreased as needed.

25.00 JB

0002 Preventive maintenance and call-back repairs for one hundred and two (102)

Max Sky 600, one (1)

Voyager A20, and one (1)

Voyager 420 Ceiling-

Mounted Patient Lifts and associated tracks at St.

Albans Community Living

Center.

Contract Period: Base

POP Begin: 04-01-2018

POP End: 03-31-2019

0002AA Preventive maintenance and call-back repairs -

Maxi Sky 600 Ceiling-

Mounted Patient Lifts and associated tracks

Contract Period: Base

102.00 EA

0002AB Preventive maintenance and call-back repairs -

Voyager A20 Ceiling-

Mounted Patient Lifts and associated tracks

Contract Period: Base

0002AC Preventive maintenance and call-back repairs -

Voyager 420 Ceiling-

Mounted Patient Lifts and associated tracks

Contract Period: Base

0002AD Additional Call-back

Repair Calls – St Albans campus

Each call-back under this

SLIN is priced at

$____________ per job.

Contract Period: Base

POP Begin: 04-01-2018

POP End: 03-31-2019

After the initial 50 call-back repair calls during this period. Quantity listed is an estimate for pricing purposes and may be

1001 Preventive maintenance and call-back repairs for fifty-five (55) Maxi Sky

600 and one (1) Voyager

420 Ceiling-Mounted

Patient Lifts and associated tracks at

Brooklyn campus

Contract Period: Option 1

POP Begin: 04-01-2019

POP End: 03-31-2020

1001AA Preventive maintenance and call-back repairs -

Maxi Sky 600 Ceiling-

Mounted Patient Lifts and associated tracks

Contract Period: Option 1

POP Begin: 04-01-2019

POP End: 03-31-2020

1001AB Preventive maintenance and call-back repairs -

Voyager 420 Ceiling-

Mounted Patient Lifts and associated tracks

Contract Period: Option 1

1001AC Additional Call-back

Repair Calls – Brooklyn campus

Each call-back under this

SLIN is priced at

$____________ per job.

Contract Period: Option 1

1002 Preventive maintenance and call-back repairs for one hundred and two (102)

Max Sky 600, one (1)

Voyager A20, and one (1)

Voyager 420 Ceiling-

Mounted Patient Lifts and associated tracks at St.

Albans Community Living

Center.

Contract Period: Option 1

POP Begin: 04-01-2019

POP End: 03-31-2020

1002AA Preventive maintenance and call-back repairs -

Maxi Sky 600 Ceiling-

Mounted Patient Lifts and associated tracks

Contract Period: Option 1

1002AB Preventive maintenance and call-back repairs -

Voyager A20 Ceiling-

Mounted Patient Lifts and associated tracks

Contract Period: Option 1

1002AC Preventive maintenance and call-back repairs -

Voyager 420 Ceiling-

Mounted Patient Lifts and associated tracks

Contract Period: Option 1

1002AD Additional Call-back

Repair Calls – St Albans campus

Each call-back under this

SLIN is priced at

$____________ per job.

Contract Period: Option 1

POP Begin: 04-01-2019

POP End: 03-31-2020

After the initial 50 call-back repair calls during this period. Quantity listed is an estimate for pricing purposes and may be

2001 Preventive maintenance and call-back repairs for fifty-five (55) Maxi Sky

600 and one (1) Voyager

420 Ceiling-Mounted

Patient Lifts and associated tracks at

Brooklyn campus

Contract Period: Option 2

POP Begin: 04-01-2020

POP End: 03-31-2021

2001AA Preventive maintenance

Maxi Sky 600 Ceiling-

Mounted Patient Lifts and associated tracks

Contract Period: Option 2

POP Begin: 04-01-2020

POP End: 03-31-2021

2001AB Preventive maintenance and call-back repairs -

Voyager 420 Ceiling-

Mounted Patient Lifts and associated tracks

Contract Period: Option 2

2001AC Additional Call-back

Repair Calls – Brooklyn campus

Each call-back under this

SLIN is priced at

$____________ per job.

Contract Period: Option 2

POP Begin: 04-01-2020

POP End: 03-31-2021

After the initial 50 call-back repair calls during this period. Quantity listed is an estimate for pricing purposes and may be

2002 Preventive maintenance and call-back repairs for one hundred and two (102)

Max Sky 600, one (1)

Voyager A20, and one (1)

Voyager 420 Ceiling-

Mounted Patient Lifts and associated tracks at St.

Albans Community Living

Center.

Contract Period: Option 2

POP Begin: 04-01-2020

POP End: 03-31-2021

2002AA Preventive maintenance

Maxi Sky 600 Ceiling-

Mounted Patient Lifts and associated tracks

Contract Period: Option 2

2002AB Preventive maintenance and call-back repairs -

Voyager A20 Ceiling-

Mounted Patient Lifts and associated tracks

Contract Period: Option 2

2002AC Preventive maintenance and call-back repairs -

Voyager 420 Ceiling-

Mounted Patient Lifts and associated tracks

Contract Period: Option 2

2002AD Additional Call-back

Repair Calls – St Albans campus

Each call-back under this

SLIN is priced at

$____________ per job.

Contract Period: Option 2

POP Begin: 04-01-2020

POP End: 03-31-2021

After the initial 50 call-back repair calls during this period. Quantity listed is an estimate for pricing purposes and may be

25.00 EA

3001 Preventive maintenance and call-back repairs for fifty-five (55) Maxi Sky

600 and one (1) Voyager

420 Ceiling-Mounted

Patient Lifts and associated tracks at

Brooklyn campus

Contract Period: Option 3

POP Begin: 04-01-2021

POP End: 03-31-2022

3001AA Preventive maintenance

Maxi Sky 600 Ceiling-

Mounted Patient Lifts and associated tracks

Contract Period: Option 3

POP Begin: 04-01-2021

POP End: 03-31-2022

3001AB Preventive maintenance and call-back repairs -

Voyager 420 Ceiling-

Mounted Patient Lifts and associated tracks

Contract Period: Option 3

3001AC Additional Call-back

Repair Calls – Brooklyn campus

Each call-back under this

SLIN is priced at

$____________ per job.

Contract Period: Option 3

POP Begin: 04-01-2021

POP End: 03-31-2022

After the initial 50 call-back repair calls during this period. Quantity listed is an estimate for pricing purposes and may be

3002 Preventive maintenance and call-back repairs for one hundred and two (102)

Max Sky 600, one (1)

Voyager A20, and one (1)

Voyager 420 Ceiling-

Mounted Patient Lifts and associated tracks at St.

Albans Community Living

Center.

Contract Period: Option 3

POP Begin: 04-01-2021

POP End: 03-31-2022

3002AA Preventive maintenance

Maxi Sky 600 Ceiling-

Mounted Patient Lifts and associated tracks

Contract Period: Option 3

3002AB Preventive maintenance and call-back repairs -

Voyager A20 Ceiling-

Mounted Patient Lifts and associated tracks

Contract Period: Option 3

3002AC Preventive maintenance and call-back repairs -

Voyager 420 Ceiling-

Mounted Patient Lifts and associated tracks

Contract Period: Option 3

3002AD Additional Call-back

Repair Calls – St Albans campus

Each call-back under this

SLIN is priced at

$____________ per job.

Contract Period: Option 3

POP Begin: 04-01-2021

POP End: 03-31-2022

After the initial 50 call-back repair calls during this period. Quantity listed is an estimate for pricing purposes and may be

4001 Preventive maintenance and call-back repairs for fifty-five (55) Maxi Sky

600 and one (1) Voyager

420 Ceiling-Mounted

Patient Lifts and associated tracks at

Brooklyn campus

Contract Period: Option 4

POP Begin: 04-01-2022

POP End: 03-31-2023

4001AA Preventive maintenance

Maxi Sky 600 Ceiling-

Mounted Patient Lifts and associated tracks

Contract Period: Option 4

POP Begin: 04-01-2022

POP End: 03-31-2023

4001AB Preventive maintenance and call-back repairs -

Voyager 420 Ceiling-

Mounted Patient Lifts and associated tracks

Contract Period: Option 4

4001AC Additional Call-back

Repair Calls – Brooklyn campus

Each call-back under this

SLIN is priced at

$____________ per job.

Contract Period: Option 4

POP Begin: 04-01-2022

POP End: 03-31-2023

After the initial 50 call-back repair calls during this period. Quantity listed is an estimate for pricing purposes and may be

4002 Preventive maintenance and call-back repairs for one hundred and two (102)

Max Sky 600, one (1)

Voyager A20, and one (1)

Voyager 420 Ceiling-

Mounted Patient Lifts and associated tracks at St.

Albans Community Living

Center.

Contract Period: Option 4

POP Begin: 04-01-2022

POP End: 03-31-2023

Includes up to 50 call-back repair calls.

4002AA Preventive maintenance

Maxi Sky 600 Ceiling-

Mounted Patient Lifts and associated tracks

Contract Period: Option 4

4002AB Preventive maintenance and call-back repairs -

Voyager A20 Ceiling-

Mounted Patient Lifts and associated tracks

Contract Period: Option 4

4002AC Preventive maintenance and call-back repairs -

Voyager 420 Ceiling-

Mounted Patient Lifts and associated tracks

Contract Period: Option 4

4002AD Additional Call-back

Repair Calls – St Albans campus

Each call-back under this

SLIN is priced at

$____________ per job.

Contract Period: Option 4

POP Begin: 04-01-2022

POP End: 03-31-2023

After the initial 50 call-back repair calls during this period. Quantity listed is an estimate for pricing purposes and may be

GRAND TOTAL __________________

B.5 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY

DELIVERY

DATE

0001 SHIP TO: Department of Veterans Affairs

NY Harbor Healthcare System, Brooklyn Campus

800 Poly Place

NY 11209 7104

USA

1.00

0002 SHIP TO: Department of Veterans Affairs

NY Harbor Healthcare System, St

Albans Campus

179-01 Linden Boulevard

NY 11425 1428

1001 SHIP TO: Department of Veterans Affairs

NY Harbor Healthcare System, Brooklyn Campus

800 Poly Place

1002 SHIP TO: Department of Veterans Affairs

NY Harbor Healthcare System, St

Albans Campus

179-01 Linden Boulevard

2001 SHIP TO: Department of Veterans Affairs

NY Harbor Healthcare System, Brooklyn Campus

800 Poly Place

2002 SHIP TO: Department of Veterans Affairs

NY Harbor Healthcare System, St

Albans Campus

179-01 Linden Boulevard

3001 SHIP TO: Department of Veterans Affairs

NY Harbor Healthcare System, Brooklyn Campus

800 Poly Place

3002 SHIP TO: Department of Veterans Affairs

NY Harbor Healthcare System, St

Albans Campus

179-01 Linden Boulevard

4001 SHIP TO: Department of Veterans Affairs

NY Harbor Healthcare System, Brooklyn Campus

800 Poly Place

4002 SHIP TO: Department of Veterans Affairs

NY Harbor Healthcare System, St

Albans Campus

179-01 Linden Boulevard

SECTION C - CONTRACT CLAUSES

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

2017)

(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 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 32.608-2 of the

Federal Acquisition Regulation in effect on the date of this contract.

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

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

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

destination.

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

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

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the

Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the

Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the

Government upon acceptance, regardless of when or where the Government takes physical possession.

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

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the

Government for consequential damages resulting from any defect or deficiencies in accepted items.

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American;

and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government

Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete.

Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the

SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims).

Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(u) Unauthorized Obligations.

https://www.acquisition.gov/

(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…