36C24219Q0210-001.docx

36C24219Q0210

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 X

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

36C24219Q0210 01-24-2019 TUITT, Josie 718-741-4352 02-06-2019

10:00AM

36C242 Department of Veterans Affairs Network Contracting Office 2 James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx NY 10468-3904 811219 $20.5 Million X N/A X Department of Veterans Affairs Clinical (Biomedical) Engineering James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx NY 10468 36C242 Department of Veterans Affairs James J. Peters VA Medical Center Network Contracting Office 2 130 West Kingsbridge Road Bronx NY 10468-3904

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

See CONTINUATION Page Network Contracting Office 2, James J. Peters VAMC requires Service/Maintenance of Johnson & Johnson Sterrad Sterilizers for James J. Peters VA Medical Center - Bronx, New York.

As described herein...

Period of Performance:

Base Year: Date of Award to February 15, 2020 Option Year 1: February 16, 2020 - February 15, 2021 Option Year 2: February 16, 2021 - February 15, 2022 Option Year 3: February 16, 2022 - February 15, 2023 Option Year 4: February 16, 2023 - February 15, 2024 Note: Deadline for questions submission will be 1/29/19 at 10:00am Email to josie.tuitt@va.gov 526-3690160-041-825500-2580 0100L00Y1

XX

X

XX

Josephine Tuitt Table of Contents

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 Tuitt, Josie Department of Veterans Affairs Network Contracting Office 2 James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx NY 10468-3904

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

3. INVOICES: Invoices shall be submitted in arrears:

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:

B.2 STATEMENT OF WORK

STATEMENT OF WORK

SERVICE/MAINTENANCE OF JOHNSON & JOHNSON STERRAD STERILIZER

DESCRIPTION/SPECIFICATIONS

I. REQUIREMENTS: Furnish all necessary labor, equipment, tools, materials, repair service, software updates, parts, etc., for complete On-Site maintenance service and technical support as specified below in accordance with the terms, conditions and schedule of this agreement.

II. EQUIPMENT: Equipment to be serviced/maintained includes all JOHNSON & JOHNSON STERRAD STERILIZER equipment and their components, including but not limited to all servers, workstations, peripherals:

45318

Johnson&Johnson

57892

Johnson&Johnson

III. DEFINITIONS/ACRONYMS:

A. Clinical (Biomed) Engineering - Chief or designee.

M. QA – Quality Assurance

N. QC – Quality Control

O. OEM - Original Equipment Manufacturer.

P. AQL – Acceptable Quality Level

Q. RDF – Remote Diagnostics Facility

R. Contract Manager - person, designated in writing by the contractor, who has complete authority to act for the contractor during the term of the contract.

IV. CONFORMANCE STANDARDS:

A. Normal business hours of coverage are [Monday through Friday] from [8:00 am to 6:00 pm], excluding federal holidays. All service/repairs will be performed during normal business hours of coverage unless requested and approved by [COR].

Note: Hardware/software update/upgrade installations will be scheduled and performed outside normal hours of coverage at no additional charge to the Government (unless it would be detrimental to equipment up-time; to be determined by COR).

A. The contractor shall maintain the equipment in accordance with the Conformance Standards Section, by furnishing all necessary labor, management, equipment, tools, materials, repair service, tools, instruments, software and hardware updates and parts for service (excluding consumables) in accordance with the terms, conditions and schedule of this agreement. The contractor will provide repair service which may consist of calibration, cleaning, oiling, adjusting, replacing parts, and maintaining the equipment, including all intervening calls necessary between regular services and calibrations.

B. Only, the CO, COR or designated alternate has the authority to approve/request a service call from the contractor.

C. Response Time: Contractor's FSE must respond with a phone call to the COR and his/her designee within [two (2) hours] after receipt of telephoned notification [24 hours per day].

If the problem cannot be corrected by phone, the FSE will commence work (via VPN on-site physical response) (if applicable) within [one (1) coverage hour] after receipt of notification and will proceed progressively to completion without undue delay. For example, if hours of coverage are [8:00 am to 6:00 pm], a [1] coverage hour response means, if a call is placed at [3:45] pm [Monday], [September 9th], the FSE must start on-site service before [4:45 pm Monday], [September 9th], except when outside hours of coverage is authorized by the COR.

E. The contractor shall provide to the contracting officer and his/her designee with written proof that all gauging and measuring equipment used to check and calibrate the equipment has been calibrated according to the specifications of all applicable standards.

VII. SCHEDULED MAINTENANCE:

Scheduled downtime is defined as the time the JOHNSON & JOHNSON STERRAD STERILIZER is placed out of service for the purpose of accomplishing scheduled upgrades and/or preventive maintenance to be performed which would necessitate the shutdown of the JOHNSON & JOHNSON STERRAD STERILIZER for a predetermined length of time, approved by the COR. All equipment shall be maintained in a satisfactory and safe operating condition in accordance with the requirements of these specifications, capable of providing their initial maximum capacity and performance at all times.

VIII. SUPERVISION:

A. General The contractor shall arrange for all satisfactory supervision of the contract work. The contractor or his supervisors shall be available at all times to receive notices, reports, or requests from the Contracting Officer or the COR only. It is the policy of the VA that Government direction or supervision of the contractor’s employees, directly, shall not be exercised.

B. Contract Manager The contractor shall provide the name telephone number and address of the contract manager, in writing to the Contracting Officer prior to the contract starting date. The contract manager shall have the authority to accept notices of deductions, inspections reports and all other correspondence on behalf of the contractor. The contract manager must be physically located so that he/she is readily available to deal with the day-to-day operation of the contract.

IX. PARTS:

A. The contractor shall maintain a stock and furnish and replace parts to meet the repair up-time requirements as stated in VI. Unscheduled Maintenance, D, Repair Up-time. If parts cannot be furnished by this time, the COR must be notified. The contractor has ready access to unique and/or high mortality replacement parts. All parts supplied shall be compatible with existing equipment. This contract shall include all parts, including all new software upgrades and all components for the JOHNSON & JOHNSON STERRAD STERILIZER. The contractor shall use OEM new parts only. New parts, shall be furnished by the contractor and guaranteed against defects and/or failure for a period of 1 year from the date of completed installation of the component. Used parts, those removed from another JOHNSON & JOHNSON STERRAD STERILIZER, shall not be installed without approval by the COR. The VA reserves the right to inspect the contractor’ s facilities to confirm that the parts are locally available.

B. The contractor may recommend and initiate replacement of parts at no additional expense to the Government and schedule to do so with the COR as stated in VII. Scheduled Maintenance.

C. Government property shall remain the property of the Government in all respects, including but not limited to hard drives; ePHI (electronic patient healthcare information), etc. Parts replaced become the property of the Government. The contractor shall take all reasonable precautions, as directed by the Government, or in the absence of such direction, in accordance with sound industrial practices, to safeguard and protect Government property.

D. Government property shall be used only in direct operations of providing contract services, and shall not be used in any manner for any personal advantage, business gain, or other personal endeavor by the contractor or the contractor’ s employees.

E. Repair parts must be sent to the attention of the COR to the following address, at no additional expense to the Government:

James J. Peters VA Medical Center Clinical (Biomedical) Engineering Room 6A05 130 West Kingsbridge Road Bronx, NY 10468

X. SERVICE MANUALS:

The VAMC shall not provide service manuals or service diagnostic software to the contractor. The contractor shall obtain, have on file, and make available to its FSE's all operational and technical documentation and test equipment, (such as; operational and service manuals, schematics, diagnostic software and parts list), which are necessary to meet the performance requirements of this contract. The location and listing of the service data manuals, by name, and/or the manuals themselves shall be provided to the CO upon request.

XI. MISCELLANEOUS SERVICES:

A. Telephone Technical Support: Telephone Technical Support shall be available on a 24 hour by 7 days basis via toll free number.

B. The contractor is totally responsible for providing Service and Preventive Maintenance reports. Failure to provide the COR with service reports will result in an automatic 5% deduction from the payment due for that Preventive Maintenance time period. Leaving service reports with a person in the vicinity of the equipment may be performed in addition to the previous stated requirement, but is not to be used as a substitute.

C. Failure to provide the COR with all records, service reports and logs will result in an automatic 5% deduction from the payment due for contract time frame.

XIV. RESPONSE TIME:

A. Unscheduled Maintenance On-Site Physical Response Time The FSE must commence work as stated in VI. Unscheduled Maintenance, C. If the on-site physical response time is not adhered to, there will be an automatic % deduction equal to every business hour after the on-site physical response. The reduction will be from the payment due for that quarter.

B. Repair Up-time Requirements The Contractor shall furnish and replace parts to meet up-time requirements. The repair up-time requirements are 24 hours (24 hours/day) from the first on-site visit or notification via phone by the FSE in which parts were determined as needed. If these up-time requirements are not adhered to, then an automatic % reduction equal to every business hour after the up-time requirements will be deducted from the payment due for that quarter.

If the Contractor is not on-site from the first service call within 24 hours (24 hours/day) and/or the up-time requirements are exceeded by 24 hours (24 hours/day), the COR may exercise the option to hire an alternative source to resolve the problem. The decision to exercise these alternatives will reside exclusively with the COR. All fees generated by the alternate Contractor(s) will be handled in accordance with the Default cause.

C. Scheduled Maintenance Response Time If all Preventive Maintenance inspection(s) are not performed as indicated in VII. Scheduled Maintenance, during the scheduled months stated in the Scheduled Maintenance Section or otherwise determined by the COR, will result in an automatic 10% reduction from the payment due for that annual period.

XV. PAYMENT:

A. Purchase Order Payment Procedures:

Payments will be made quarterly in arrears upon receipt of properly prepared invoices which must show reference to the correct purchase order number and contract number issued upon the award of this contract. Each invoice must be provided in [triplicate] and must include the Service Reports (ESR's) for work performed during that time frame.

XVI. ADDITIONAL CHARGES:

There will be no additional charge to the Government for time spent at the site during, or after the normal hours of coverage awaiting the arrival of additional FSE and/or delivery of parts.

XVII. REPORTING REQUIRED SERVICES BEYOND THE CONTRACT SCOPE:

The Contractor shall immediately, but not later than 24 consecutive hours after discovery notify the CO and COR, (in writing), of the existence or the development of any defects in, or repairs required to the scheduled equipment which the Contractor considers he/she is not responsible for under the terms of the contract. The contractor shall furnish the CO and COR with a written estimate of the cost to make necessary repairs.

XVIII. QUALIFICATIONS:

Offers will be considered only from offerors who are established in the business called for and whom in the judgment of the Contracting Officer (CO) are financially responsible and able to show evidence of their reliability, ability, experience, equipment, facilities and personnel directly employed or supervised by them to render prompt and satisfactory service.

XIX. CONDITION OF EQUIPMENT:

XX. COMPETENCY OF PERSONNEL SERVICING EQUIPMENT:

D. If subcontractor(s) are used, they must be approved by the CO; the contractor shall submit any proposed change in subcontractor(s) to the CO for approval/disapproval. Both new and replacement contract managers must meet these qualification standards.

XX1. TEST EQUIPMENT:

A. Prior to commencement of work on this contract, the contractor shall provide the VAMC with a copy of the current calibration certification of all test equipment which is to be used by the contractor on VAMC's equipment. This certification shall be performed and provided on an annual basis. Test equipment calibration shall be traceable to a national standard.

B. The contractor shall provide to the contracting officer and his/her designee with written proof that all gauging and measuring equipment used to check and calibrate the equipment has been calibrated according to the specifications of all applicable standards.

C. The vendor/contractor will identify if removable media is required to perform their duties. Biomedical Engineering will ensure the contractor’s removable media is scanned with anti-virus software running current virus definitions prior to connection to any medical device or facilities system. Any vendor/contractor with patient sensitive information that is imported into the removable media device for any reason must purge all patient sensitive information prior to departure from the facility.

XXII. IDENTIFICATION, PARKING, SMOKING, AND VA REGULATIONS:

The contractor's FSE's shall wear visible identification at all times while on the premises of the VAMC. It is the responsibility of the contractor to park in the appropriate designated parking areas. Information on parking is available from the VA Police Section. The VAMC will not invalidate or make reimbursement for parking violations of the contractor under any conditions. Smoking is prohibited inside any buildings at the VAMC. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

XXIII. INSURANCE

B. PRICE/COST SCHEDULE

ITEM INFORMATION

CLIN 0001

4.00

QTR

Service on Sterrad Sterilizers

- Model 100NX, SN 1041090304

Contract Period: Base POP Begin: Estimate Date of Award 02-16-19 POP End: 02-15-2020 Quarterly service required on each model

CLIN 0002

Service on Sterrad Sterilizers

- Model Sterrad NX, SN oo33111902

Contract Period: Base POP Begin: Estimate Date of Award 02-16-19

CLIN 0003

1.00

HR

Service/maintenance performed outside normal hours of coverage Federal Holiday and Sunday (1) hr

Contract Period: Base POP Begin: Estimate Date of Award 02-16-19

CLIN 0004

Service/maintenance performed outside normal hours of coverage After Hours and Saturday (1) hr

Contract Period: Base POP Begin: Estimate Date of Award 02-16-19

CLIN 1001

Service on Sterrad Sterilizers

Contract Period: Option 1 POP Begin: 02-16-2020 POP End: 02-15-2021

CLIN 1002

Service on Sterrad Sterilizers

- Model Sterrad NX, SN oo33111902

Contract Period: Option 1 POP Begin: 02-16-2020

CLIN 1003

Service/maintenance performed outside normal hours of coverage

Contract Period: Option 1 POP Begin: 02-16-2020

CLIN 1004

Service/maintenance performed outside normal hours of coverage

Contract Period: Option 1 POP Begin: 02-16-2020

CLIN 2001

Service on Sterrad Sterilizers

Contract Period: Option 2 POP Begin: 02-16-2021 POP End: 02-15-2022

CLIN 2002

Service on Sterrad Sterilizers

- Model Sterrad NX, SN 33111902

Contract Period: Option 2 POP Begin: 02-16-2021

CLIN 2003

Service/maintenance performed outside normal hours of coverage

Contract Period: Option 2 POP Begin: 02-16-2021

CLIN 2004

Service/maintenance performed outside normal hours of coverage

Contract Period: Option 2 POP Begin: 02-16-2021

CLIN 3001

Service on Sterrad Sterilizers

Contract Period: Option 3 POP Begin: 02-16-2022 POP End: 02-15-2023

CLIN 3002

Service on Sterrad Sterilizers

Contract Period: Option 3 POP Begin: 02-16-2022

CLIN 3003

Service/maintenance performed outside normal hours of coverage

Contract Period: Option 3 POP Begin: 02-16-2022

CLIN 3004

Service/maintenance performed outside normal hours of coverage

Contract Period: Option 3 POP Begin: 02-16-2022

CLIN 4001

Service on Sterrad Sterilizers

Contract Period: Option 4 POP Begin: 02-16-2023 POP End: 02-15-2024

CLIN 4002

Service on Sterrad Sterilizers

Contract Period: Option 4 POP Begin: 02-16-2023

CLIN 4003

Service/maintenance performed outside normal hours of coverage

Contract Period: Option 4 POP Begin: 02-16-2023

CLIN 4004

Service/maintenance performed outside normal hours of coverage

Contract Period: Option 4 POP Begin: 02-16-2023

GRAND TOTAL

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 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)

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

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause)

C.3 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; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 5 years.

(End of Clause)

C.4 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond February 15, 2020. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond February 15, 2020, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of Clause)

C.5 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.6 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.7 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of New York. Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from.

(End of Clause) C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (OCT 2018)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(4) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

[] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved] [] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note).

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

[] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

[] (ii) Alternate I (NOV 2011) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (JAN 2011) of 52.219-4.

[] (13) [Reserved] [X] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

[] (ii) Alternate I (NOV 2011).

[] (iii) Alternate II (NOV 2011).

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

[] (ii) Alternate I (Oct 1995) of 52.219-7.

[] (iii) Alternate II (Mar 2004) of 52.219-7.

[] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219-9, Small Business Subcontracting Plan (AUG 2018) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (JAN 2017) of 52.219-9.

[] (v) Alternate IV (AUG 2018) of 52.219-9.

[] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[] (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

[X] (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C 632(a)(2)).

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (DEC 2015) (15 U.S.C. 637(m)).

[] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) (15 U.S.C. 637(m)).

[X] (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[] (26) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2018) (E.O. 13126).

[X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (28)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (ii) Alternate I (FEB 1999) of 52.222-26.

[] (29)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

[] (ii) Alternate I (JULY 2014) of 52.222-35.

[X] (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

[] (ii) Alternate I (JULY 2014) of 52.222-36.

[] (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

[] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (33)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[] (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[] (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[] (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (OCT 2015) of 52.223-13.

[] (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-14.

[] (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b).

[] (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [] (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (44) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[] (45) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[] (ii) Alternate I (JAN 2017) of 52.224-3.

[] (46) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).

[] (47)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate I (MAY 2014) of 52.225-3.

[] (iii) Alternate II (MAY 2014) of 52.225-3.

[] (iv) Alternate III (MAY 2014) of 52.225-3.

[] (48) 52.225–5, Trade Agreements (AUG 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (50) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[] (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[] (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (54) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

[] (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[] (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (58) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[] (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

[] (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

[] (ii) Alternate I (Apr 2003) of 52.247-64.

[] (iii) Alternate II (FEB 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[] (1) 52.222-17, Nondisplacement of…