Solicitation_36C24219Q0049.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 53

526-19-1-168-0001

526-19-1-168-0002

36C24219Q0049 12-10-2018

MILLS, BRAD | William.Mills4@va.gov 914.737.4400 x2074 12-17-2018

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

339112

1000 Employees

N/A

X

Department of Veterans Affairs

James J. Peters VA Medical Center

ATTN: Clinical Engineering Service

130 West Kingsbridge Road

Bronx NY 10468-3904

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 the lease and full service maint-enance of various Olympus scopes and associated equipment, at the James J. Peters VA Medical Center, Bronx, NY.

Performance Period is for 12 months with two option years and a Purchase Option, as follows:

Base Year: 1/01/2019 - 12/31/2019

Option Year 1: 1/01/2020 - 12/31/2020

Option Year 2: 1/01/2021 - 12/31/2021

Purchase Option: See Price/Cost Schedule for formula to use when exercising this option.

Service Contract Labor Standards are not applicable per

FAR 22.1003-3 and the maintenance portion is exempt per

FAR 22.1003-4(c).

See CONTINUATION Page

X X

BRAD MILLS

Contracting Officer

36C24219Q0049

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 STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

B.4 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

C.1 FSS RFQ INTRODUCTORY LANGUAGE

C.2 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT

2018)

C.3 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.4 52.207-5 OPTION TO PURCHASE EQUIPMENT (FEB 1995)

C.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.6 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

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

2018)

C.8 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

1998)

E.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.3 52.216-1 TYPE OF CONTRACT (APR 1984)

E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.5 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(SEP 2018)

E.6 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (SEP 2018)

E.7 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) .. 39

E.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

ITEMS (OCT 2018)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

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

Department of Veterans Affairs

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] Monthly

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

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 STATEMENT OF WORK

A. Background: The James J. Peters VA Medical Center, GI Service, is requesting to lease GI endoscopes to perform endoscopic GI procedures, and to obtain a full-service agreement that will cover all necessary corrective maintenance for all the newly leased GI endoscopes. The current lease expires December 29, 2018. The service agreement will begin when all scopes are accepted on site.

B. Objectives: The objective is to lease state-of-the-art scopes that will be used as outlined above. The service agreement must make available loaners and cover all associated costs of any repairs (including shipping, parts, and labor) for the equipment outlined above through a full-service agreement, to ensure safe and reliable performance of GI endoscopes at James J. Peters VAMC. Lease term pricing shall be based on a 36-month lease.

C. Period of Performance: Lease and maintenance service shall be for a period of twelve months with two option years.

D. Place of Performance: James J. Peters VA Medical Center, 130 W. Kingsbridge Road, Bronx, NY 10548.

The scopes will be used for endoscopic procedures with the GI service and shall be delivered to Sterilization

Services.

E. Product Specification: The delivery order will include the following endoscopes in the quantities specified:

1) AR850 ELASTOGRAPHY: AR850 ELASTOGRAPHY SOFTWARE x1

2) AR850EXTWAR1YR: AR850ExtWar1yr x1

3) ARIETTA 850: Exclusive Olympus Config EUS Processor x1

4) CF-HQ190L: CF-HQ190L EVIS EXERA III HD COLONOSCOPE x9

5) CF-Q160S: CF-Q160S LARGE IMAGE VIDEO SIGMOIDOSCOPE x1

6) CLV-190: CLV-190 EVIS EXERA III LIGHT SOURCE x1

7) CV-190: CV-190 EVIS EXERA III VIDEO PROCESSOR x1

8) GF-UCT180: GF-UCT180 Curvilinear EUS scope, 3.7 mm x2

9) GF-UE160-AL5: GF-UE160-AL5 Radial array EUS scope x1

10) GIF-1TH190: GIF-1TH190 EVIS EXERA III HIG x1

11) GIF-HQ190: GIF-HQ190 EVIS EXERA III HDTV DF NBI x9

12) GIF-XP190N: GIF-XP190N ULTRA-SLIM SCOPE 4-WAY NBI x1

13) MAJ-2056: MAJ-2056 DETACHABLE CABLE FOR EUS&EBUS S x1

14) PCF-H190DL: PCF-H190DL W/ SCOPEGUIDE x1

15) TJF-Q180V: TJF-Q180V VIDEO DUODENOSCOPE NBI, GUIDEW x3

F. Government-Furnished Property, Material, Equipment, or Information: None

G. Security: No special security requirements

H. Safety Codes / Certification / Licensing: No special requirements

I. Special Material Requirements: None

J. Other Requirements: This delivery order includes an option to buy all endoscopes at the end of the lease agreement as specified in the purchase option.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 12.00 MO __________________ __________________

OLYMPUS SCOPES LEASE (REFERENCE LEASE QUOTE Q-00590222)

Contract Period: Base

POP Begin: 01-01-2019

POP End: 12-31-2019

0001AA 12.00 MO __________________ __________________

ARIETTA 850: Exclusive Olympus Config EUS Processor

Contract Period: Base

*Open Market Item

0001AB 12.00 MO __________________ __________________

AR850 ELASTOGRAPHY: ELASTOGRAPHY SOFTWARE

0001AC 12.00 MO __________________ __________________

MAJ-2056: DETACHABLE CABLE FOR EUS&EBUS S

0001AD 12.00 MO __________________ __________________

CV-190: EVIS EXERA III VIDEO PROCESSOR

0001AE 12.00 MO __________________ __________________

CLV-190: EVIS EXERA III LIGHT SOURCE

0001AF 12.00 MO __________________ __________________

GF-UE160-AL5: Radial array EUS scope

0001AG 12.00 MO __________________ __________________

CF-HQ190L: EVIS EXERA III HD COLONOSCOPE

0001AH 12.00 MO __________________ __________________

TJF-Q180V: VIDEO DUODENOSCOPE NBI, GUIDEW

0001AJ 12.00 MO __________________ __________________

CF-Q160S: LARGE IMAGE VIDEO SIGMOIDOSCOPE

0001AK 12.00 MO __________________ __________________

GF-UCT180: Curvilinear EUS scope, 3.7 mm

0001AL 12.00 MO __________________ __________________

GIF-HQ190: EVIS EXERA III HDTV DF NBI

0002 12.00 MO __________________ __________________

MAINTENANCE SERVICE FOR LEASED SCOPES (REFERENCE SERVICE

QUOTE FN-74-00583, LEASE QUOTE Q-00590222)

Contract Period: Base

POP Begin: 01-01-2019

0002AA 12.00 MO __________________ __________________

CF-HQ190L: EVIS EXERA III HD COLONOSCOPE (1 EACH)

0002AB 12.00 MO __________________ __________________

CF-Q160S: LARGE IMAGE VIDEO SIGMOIDOSCOPE (1 EACH)

Contract Period: Base

0002AC 12.00 MO __________________ __________________

GF-UCT180: Curvilinear EUS scope, 3.7 mm (1 EACH)

Contract Period: Base

0002AD 12.00 MO __________________ __________________

GF-UE160-AL5: Radial array EUS scope (1 EA)

0002AE 12.00 MO __________________ __________________

GIF-HQ190: EVIS EXERA III HDTV DF NBI (1 EACH)

Contract Period: Base

0002AF 12.00 MO __________________ __________________

TJF-Q180V: VIDEO DUODENOSCOPE NBI, GUIDEW (1 EACH)

Contract Period: Base

0003 12.00 MO __________________ __________________

OLYMPUS SCOPES LEASE (REFERENCE LEASE QUOTE Q-00590213)

0003AA 12.00 MO __________________ __________________

Contract Period: Base

0003AB 12.00 MO __________________ __________________

0003AC 12.00 MO __________________ __________________

0003AD 12.00 MO __________________ __________________

0004 12.00 MO __________________ __________________

QUOTE FN-74-00582, LEASE QUOTE Q-0059213)

0004AA 12.00 MO __________________ __________________

0004AB 12.00 MO __________________ __________________

0004AC 12.00 MO __________________ __________________

0004AD 12.00 MO __________________ __________________

0005 12.00 MO __________________ __________________

OLYMPUS SCOPES LEASE (REFERENCE LEASE QUOTE Q-00544213)

0005AA 12.00 MO __________________ __________________

GIF-HQ190: EVIS EXERA III HDTV DF NBI (7 EACH)

0005AB 12.00 MO __________________ __________________

CF-HQ190L: EVIS EXERA III HD COLONOSCOPE (7 EACH)

0005AC 12.00 MO __________________ __________________

PCF-H190DL: W/ SCOPEGUIDE (1 EACH)

0005AD 12.00 MO __________________ __________________

Contract Period: Base

0005AE 12.00 MO __________________ __________________

GIF-1TH190: EVIS EXERA III HIG (1 EACH)

0005AF 12.00 MO __________________ __________________

GIF-XP190N: ULTRA-SLIM SCOPE 4-WAY NBI (1 EACH)

Contract Period: Base

0006 12.00 MO __________________ __________________

QUOTE FN-74-00553, LEASE QUOTE Q-00544213)

0006AA 12.00 MO __________________ __________________

0006AB 12.00 MO __________________ __________________

0006AC 12.00 MO __________________ __________________

PCF-H190DL: COLONOSCOPE W/ SCOPEGUIDE (1 EACH)

0006AD 12.00 MO __________________ __________________

0006AE 12.00 MO __________________ __________________

0006AF 12.00 MO __________________ __________________

1001 12.00 MO __________________ __________________

OLYMPUS SCOPES LEASE (REFERENCE LEASE QUOTE Q-00590222)

Contract Period: Option 1

POP Begin: 01-01-2020

POP End: 12-31-2020

1001AA 12.00 MO __________________ __________________

ARIETTA 850: Exclusive Olympus Config EUS Processor (1 EACH)

1001AB 12.00 MO __________________ __________________

AR850 ELASTOGRAPHY: ELASTOGRAPHY SOFTWARE (1 EACH)

1001AC 12.00 MO __________________ __________________

MAJ-2056: DETACHABLE CABLE FOR EUS & EBUS S (1 EACH)

Contract Period: Option 1

1001AD 12.00 MO __________________ __________________

CV-190: EVIS EXERA III VIDEO PROCESSOR (1 EACH)

1001AE 12.00 MO __________________ __________________

CLV-190: EVIS EXERA III LIGHT SOURCE (1 EACH)

1001AF 12.00 MO __________________ __________________

GF-UE160-AL5: Radial array EUS scope (1 EACH)

1001AG 12.00 MO __________________ __________________

1001AH 12.00 MO __________________ __________________

1001AJ 12.00 MO __________________ __________________

1001AK 12.00 MO __________________ __________________

Contract Period: Option 1

1001AL 12.00 MO __________________ __________________

1002 12.00 MO __________________ __________________

QUOTE FN-74-00583, LEASE QUOTE Q-00590222)

Contract Period: Option 1

POP Begin: 01-01-2020

1002AA 12.00 MO __________________ __________________

1002AB 12.00 MO __________________ __________________

Contract Period: Option 1

1002AC 12.00 MO __________________ __________________

GF-UCT180: GF-UCT180 Curvilinear EUS scope, 3.7 mm (1 EACH)

1002AD 12.00 MO __________________ __________________

1002AE 12.00 MO __________________ __________________

Contract Period: Option 1

1002AF 12.00 MO __________________ __________________

1003 12.00 MO __________________ __________________

OLYMPUS SCOPES LEASE (REFERENCE LEASE QUOTE Q-00562673)

1003AA 12.00 MO __________________ __________________

1003AB 12.00 MO __________________ __________________

1003AC 12.00 MO __________________ __________________

1003AD 12.00 MO __________________ __________________

1004 12.00 MO __________________ __________________

1004AA 12.00 MO __________________ __________________

1004AB 12.00 MO __________________ __________________

1004AC 12.00 MO __________________ __________________

1004AD 12.00 MO __________________ __________________

1005 12.00 MO __________________ __________________

1005AA 12.00 MO __________________ __________________

1005AB 12.00 MO __________________ __________________

1005AC 12.00 MO __________________ __________________

PCF-H190DL: COLONOSCOPE W/SCOPEGUIDE (1 EACH)

1005AD 12.00 MO __________________ __________________

1005AE 12.00 MO __________________ __________________

1005AF 12.00 MO __________________ __________________

1006 12.00 EA __________________ __________________

1006AA 12.00 MO __________________ __________________

1006AB 12.00 MO __________________ __________________

1006AC 12.00 MO __________________ __________________

1006AD 12.00 MO __________________ __________________

1006AE 12.00 MO __________________ __________________

1006AF 12.00 MO __________________ __________________

2001 12.00 MO __________________ __________________

OLYMPUS SCOPES LEASE (REFERENCE LEASE QUOTE Q-00590222)

Contract Period: Option 2

POP Begin: 01-01-2021

POP End: 12-31-2021

2001AA 12.00 MO __________________ __________________

ARIETTA 850: Exclusive Olympus Config EUS Processor (1 EACH)

Contract Period: Option 2

2001AB 12.00 MO __________________ __________________

AR850 ELASTOGRAPHY: ELASTOGRAPHY SOFTWARE (1 EACH)

Contract Period: Option 2

POP Begin: 01-01-2021

2001AC 12.00 MO __________________ __________________

MAJ-2056: DETACHABLE CABLE FOR EUS & EBUS S (1 EACH)

2001AD 12.00 MO __________________ __________________

CV-190: EVIS EXERA III VIDEO PROCESSOR (1 EACH)

2001AE 12.00 MO __________________ __________________

CLV-190: EVIS EXERA III LIGHT SOURCE (1 EACH)

2001AF 12.00 MO __________________ __________________

2001AG 12.00 MO __________________ __________________

2001AH 12.00 MO __________________ __________________

2001AJ 12.00 MO __________________ __________________

2001AK 12.00 MO __________________ __________________

2001AL 12.00 MO __________________ __________________

2002 12.00 MO __________________ __________________

QUOTE FN-74-00583, LEASE QUOTE Q-00590222)

Contract Period: Option 2

POP Begin: 01-01-2021

2002AA 12.00 MO __________________ __________________

Contract Period: Option 2

2002AB 12.00 MO __________________ __________________

Contract Period: Option 2

2002AC 12.00 MO __________________ __________________

Contract Period: Option 2

2002AD 12.00 MO __________________ __________________

Contract Period: Option 2

2002AE 12.00 MO __________________ __________________

Contract Period: Option 2

2002AF 12.00 MO __________________ __________________

Contract Period: Option 2

2003 12.00 MO __________________ __________________

OLYMPUS SCOPES LEASE (REFERENCE LEASE QUOTE Q-00590213)

2003AA 12.00 MO __________________ __________________

2003AB 12.00 MO __________________ __________________

2003AC 12.00 MO __________________ __________________

2003AD 12.00 MO __________________ __________________

2004 12.00 MO __________________ __________________

2004AA 12.00 MO __________________ __________________

2004AB 12.00 MO __________________ __________________

2004AC 12.00 MO __________________ __________________

2004AD 12.00 MO __________________ __________________

2005 12.00 MO __________________ __________________

2005AA 12.00 MO __________________ __________________

2005AB 12.00 MO __________________ __________________

2005AC 12.00 MO __________________ __________________

PCF-H190DL: COLONOSCOPE W/SCOPEGUIDE (1 EACH)

2005AD 12.00 MO __________________ __________________

2005AE 12.00 MO __________________ __________________

2005AF 12.00 MO __________________ __________________

2006 12.00 MO __________________ __________________

2006AA 12.00 MO __________________ __________________

2006AB 12.00 MO __________________ __________________

2006AC 12.00 MO __________________ __________________

2006AD 12.00 MO __________________ __________________

2006AE 12.00 MO __________________ __________________

2006AF 12.00 MO __________________ __________________

2007 12.00 MO __________________ __________________

AR850EXTWAR1YR: One-Year Extended Warranty on the AR850

Contract Period: Option 2

POP Begin: 01-01-2021

*Open Market item

3001 1.00 LT __________________ __________________

PURCHASE OPTION: Purchase Price equals the total payments made to date* subtracted from the Fair Market Value equals the purchase price. *Payments paid to date refer to the period starting on this task order’s effective date listed on block 3 of the SF1449 until the day before the effective date listed on block 3 of the SF30 for the exercise of purchase option. Trade-in credits are also applied at this time and are subtracted from the Fair Market Value.

The following items are identified for Trade-in credit:

1) GIF-H180: HDTV NBI GASTROVIDEOSCOPE x7 ($7,500.00 each)

$52,500.00 total

Serial numbers: 2901527; 2901550; 2901582; 2901584; 2901592; 2901594;

2704610

2) CF-H180AL: EVIS EXERA II HD COLONOSCOPE x7 ($9,000.00 each)

$63,000.00 total

Serial numbers: 2909732; 2909770; 2909783; 2704296; 2909773; 2909774;

2909775

3) PCF:H180AL: EVIS EXERA II ULTRA THIN COLO x1 (9,000.00 each)

$9,000.00 total

Serial number: 2903902

4) TJF-160VF: DUODENOVIDEOSCOPE W/V-LOCK ELE x1 ($3,000.00 each)

$3,000.00 total

Serial number: 2701835

3001AA 1.00 EA __________________ __________________

ARIETTA 850: Exclusive Olympus Config EUS Processor

3001AB 1.00 EA __________________ __________________

AR850 ELASTOGRAPHY: AR850 Elastography Software

3001AC 1.00 EA __________________ __________________

MAJ-2056: Detachable Cable for EUS & EBUS

3001AD 1.00 EA __________________ __________________

CV-190: EVIS EXERA III Video Processor

3001AE 1.00 EA __________________ __________________

CLV-190: EVIS EXERA III Light Source

3001AF 1.00 EA __________________ __________________

GF-UE160-AL5: Radial array EUS scope

3001AG 3.00 EA __________________ __________________

TJF-Q180V: VIDEO DUODENOSCOPE NBI, GUIDEW

Trade-in Credit: TJF-160VF: DUODENOVIDEOSCOPE W/V-LOCK ELE x1

($3,000.00 each) $3,000.00 total; Serial number: 2701835

3001AH 1.00 EA __________________ __________________

CF-Q160S: LARGE IMAGE VIDEO SIGMOIDOSCOPE

3001AJ 2.00 EA __________________ __________________

GF-UCT180: EVIS EXERA II Ultrasound Curvilinear Endoscope

3001AK 9.00 EA __________________ __________________

GIF-HQ190: EVIS EXERA III HDTV Dual Focus Gastroscope

Trade-in Credit: GIF-H180: HDTV NBI GASTROVIDEOSCOPE x7 ($7,500.00 each) $52,500.00 total; Serial numbers: 2901527; 2901550; 2901582; 2901584;

2901592; 2901594; 2704610

3001AL 9.00 EA __________________ __________________

CF-HQ190L: EVIS EXERA III HD Colonoscope Dual Focus< RIT, Scopeguide

Trade-in Credit: CF-H180AL: EVIS EXERA II HD COLONOSCOPE x7

($9,000.00 each) $63,000.00 total; Serial numbers: 2909732; 2909770; 2909783;

2704296; 2909773; 2909774; 2909775

3001AM 1.00 EA __________________ __________________

PCF-H190L: EVIS EXERA III HD Pediatric Colonoscope

Trade-in Credit: PCF-H180AL: EVIS EXERA II ULTRA THIN COLO x1

(9,000.00 each) $9,000.00 total; Serial number: 2903902

3001AN 1.00 EA __________________ __________________

GIF-1TH190: EVIS EXERA III HIG

3001AP 1.00 EA __________________ __________________

GIF-XP190N: Ultra-Slim 5.4mm Gastroscope 4-Way Angulation NBI

GRAND TOTAL __________________

B.4 DELIVERY SCHEDULE

See Block 15 on SF1449.

SECTION C - CONTRACT CLAUSES

C.1 FSS RFQ INTRODUCTORY LANGUAGE

The terms and conditions of the contractor's FSS contract (including any contract modifications) apply to all Blanket

Purchase Agreements (BPA) and task or delivery orders issued under the contract as a result of this RFQ. When a lower price has been established, or when the delivery terms, FOB terms, or ordering requirements have been modified by the

BPA or task/delivery order, those modified terms will apply to all purchases made pursuant to it and take precedence over the FSS contract. Any unique terms and conditions of a BPA or order issued under the contract that are not a part of the applicable FSS contract will govern. In the event of an inconsistency between the terms and conditions of a BPA or task/delivery order and the Contractor's FSS terms, other than those identified above, the terms of the FSS contract will take precedence.

C.2 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT

2018)

(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) [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 ITEMS

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

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

C.3 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

FAR

Number

Title Date

52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST DEC 2011

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

APR 2014

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

JUL 2016

52.217-8 OPTION TO EXTEND SERVICES NOV 1999

52.237-3 CONTINUITY OF SERVICES JAN 1991

C.4 52.207-5 OPTION TO PURCHASE EQUIPMENT (FEB 1995)

(a) The Government may purchase the equipment provided on a lease or rental basis under this contract. The

Contracting Officer may exercise this option only by providing a unilateral modification to the Contractor. The effective date of the purchase will be specified in the unilateral modification and may be any time during the period of the contract, including any extensions thereto.

(b) Except for final payment and transfer of title to the Government, the lease or rental portion of the contract becomes complete and lease or rental charges shall be discontinued on the day immediately preceding the effective date of purchase specified in the unilateral modification required in paragraph (a) of this clause.

(c) The purchase conversion cost of the equipment shall be computed as of the effective date specified in the unilateral modification required in paragraph (a) of this clause, on the basis of the purchase price set forth in the contract, minus the total purchase option credits accumulated during the period of lease or rental, calculated by the formula contained elsewhere in this contract.

(d) The accumulated purchase option credits available to determine the purchase conversion cost will also include any credits accrued during a period of lease or rental of the equipment under any previous Government contract if the equipment has been on continuous lease or rental. The movement of equipment from one site to another site shall be

“continuous rental.”

(End of Clause)

C.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least

60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 36

Months.

(End of Clause)

C.6 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited

Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services

Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause)

C.8 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

(a) Supplies and equipment. Rejected goods will be held subject to Contractor’s order for not more than 15 days, after which the rejected merchandise will be returned to the Contractor’s address at the Contractor’s risk and expense.

Expenses incident to the examination and testing of materials or supplies that have been rejected will be charged to the

Contractor.

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

(End of Clause)

(End of Addendum to 52.212-4)

FAR

Number

Title Date

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—

COMMERCIAL ITEMS

OCT 2018

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

None.

SECTION E - SOLICITATION PROVISIONS

Number

Title Date

52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS OCT 2018

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS

Provisions 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 provisions are incorporated into 52.212-1 as an addendum to this solicitation:

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

1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Provision)

Number

Title Date

52.204-7 SYSTEM FOR AWARD MANAGEMENT OCT 2018

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE

REPORTING

JUL 2016

52.211-6 BRAND NAME OR EQUAL AUG 1999

E.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(a) Definitions. As used in this provision—

"Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract

Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

"Federal contracts and grants with total value greater than $10,000,000" means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

"Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than

$10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or

State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of…