36C24219Q1041-002.pdf

PAGE 1 OF

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:

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 1. REQUISITION NO.

630-19-4-4456-0234

36C24219Q1041

Andres Cepeda andres.cepeda@va.gov

36C242

Department of Veterans Affairs

Network Contracting Office 2

James J. Peters VA Medical Center

130 West Kingsbridge Road

Bronx NY 10468-3904

X 100

SMALL BUSINESS

541519

$7.5 Million

N/A

X

New York Harbor VA Medical Center

423 E 23 Street New York, NY 10010

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

The Department of Veterans Affairs (VA), New York Harbor VA Medical Center has a requirement to provide service and maintenance for Dell Power Edge Server. The contractor shall provide all necessary labor, equipment, tools, material, parts and supervision to perform service and maintenance for

Dell Power Edge Server.

The contract will be a firm-fixed-price (FFP) type of contract with an anticipated performance period of 18 September 2019 or Date of Award, until 17 September 2020 for the base of the contract and four (4) 12 months option periods at the option of the Government.

Base Year: 09/18/2019 - 09/17/2020 Option 1: 09/18/2020 - 09/17/2021 Option 2: 09/18/2021 - 09/17/2022 Option 3: 09/18/2022 - 09/17/2023 Option 4: 09/18/2023 - 09/17/2024

X X

Andres Cepeda

Contracting Officer NCO 2

X

9/9/2019

9/16/2019

5:00 PM EST

36C24219Q1041

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)

SERVICE CONTRACT:

REQUIREMENTS:

I. EQUIPMENT

II. DEFINITIONS/ACRONYMS:

III. CONFORMANCE STANDARDS:

IV. HOURS OF COVERAGE:

IV. LABOR:

V. REPAIRS:

VI. SCHEDULED MAINTENANCE:

VII. PARTS:

VIII. SERVICE/REPAIR:

IX. SERVICE MANUALS:

X. DOCUMENTATION/REPORTS:

XI. REPORTING REQUIREMENTS:

XII. PAYMENT:

XIII. ADDITIONAL CHARGES:

XIV. REPORTING REQUIRED SERVICES BEYOND THE CONTRACT SCOPE: ...13

XV. QUALIFICATIONS:

XVI. CONDITION OF EQUIPMENT

XVII. COMPETENCY OF PERSONNEL SERVICES EQUIPMENT:

XVIII. TEST EQUIPMENT:

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

XX. INSURANCE

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

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

2017)

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (NOV 2017)

C.3 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE

CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION) (FEB 2015) .32

C.4 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...33

C.6 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

C.7 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008)

C.8 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009)

C.9 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2012)

C.10 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

C.11 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.12 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (NOV 2017)

ALTERNATE II (NOV 2017)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JAN 2017) 45

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

E.3 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (NOV 2017)

E.4 52.219-27 NOTICE OF SERVICE-DISABLED VETERAN-OWNED SMALL

BUSINESS SET-ASIDE (NOV 2011)

E.5 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-

OWNED SMALL BUSINESS EVALUATION FACTORS (JUL 2016)(DEVIATION)

E.6 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)

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 Andres Cepeda

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:

[] 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 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND

COMPLIANCE (JUN 2011)

This solicitation includes . 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.

STATEMENT OF WORK

SERVICE CONTRACT:

Full Service contract for the period of 9/18/2019 through 9/17/2020 for the following government owned equipment.

REQUIREMENTS:

A. Furnish all necessary labor, equipment, tools materials, repair service, software updates, parts, etc., for complete On-Site Maintenance Service as specified below in accordance with the terms, conditions and schedule of this agreement.

B. Contract Extension: The Government will have the Option to extend the Term of the contract for Four (4) additional years at the prices you bid. This is in accordance with the provision of FAR 52.217-9 in Section - I “Contract Clauses” of this Solicitation.

I. EQUIPMENT

Equipment to be serviced/maintained includes:

DELL POWEREDGE SERVER (14 UNITS)

1. JB17CZ1 – POWEREDGE R320,

2. 7DBFY12 - POWEREDGE R320,

3. 7G0KN22 - POWEREDGE R320,

4. 2BLDR22 – POWEREDGE R320,

5. GN2KV52 - POWEREDGE R630,

6. HC0DV52 - POWEREDGE R730,

7. FV338Y1 – POWEREDGE R720,

8. FV348Y1 - POWEREDGE R720,

9. 6Y0JDX1 - POWEREDGE R520,

10. G2848Y1 – POWEREDGE R520,

11. 8TRD322 - POWEREDGE R620,

12. JTRD322 - POWEREDGE R620,

13. D6X8B22 – POWEREDGE R720,

14. C6X8B22 - POWEREDGE R720,

Description of equipment:

Server line by Dell used to store all data extracted from medical devices connected to all networks in the VA Manhattan healthcare facility. It is vital for the operation of medical equipment, and an important backup tool.

Location at Manhattan VAMC:

MEDICAL SERVICE

Maintenance Required:

Annual preventative maintenance with ProSupport 4HR 7X24 Onsite + ProSupport

Technical Support + Keep Your Hard Drive

II. DEFINITIONS/ACRONYMS:

A. Biomedical Engineering - Chief or designee, at:

Manhattan VAMC, 212-686-7500 ext. 7309

B. CO - Contracting Officer.

C. COR - Contracting Officer Representative.

D. PM - Preventive Maintenance

Inspection. Services, which are periodic in nature and are required to maintain the equipment in such condition that it may be operated in accordance with its intended design and functional capacity with incidence of malfunction or inoperative conditions.

E. FSE - Field Service Engineer. A person who is authorized by the contractor to perform maintenance (corrective and/or preventive) services on the VAMC premises.

F. ESR - Vendor Engineering Service

Report. A documentation of the services rendered for each incidence of work performance under the terms and conditions of the contract.

G. Acceptance Signature - VA employee who indicates FSE demonstrated service conclusion/status and User has accepted work as complete/pending as stated in ESR.

H. Authorization Signature - COR’s signature; indicates COR accepts work status as stated in ESR.

I. NFPA - National Fire Protection Association.

J. CDRH - Center for Devices and Radiological Health.

K. VAMC - Department of Veterans Affairs Medical Center.

L. OSHA - Occupational Safety and Health Agency.

M. OEM - Original Equipment Manufacturer.

III. CONFORMANCE STANDARDS:

Contract service shall ensure that the equipment functions in conformance with the latest published editions of NFPA-99, OSHA, CDRH, and [include performance standards and specifications used when the equipment were procured by VA National, Acquisition Center and any upgrades/updates].

IV. HOURS OF COVERAGE:

A. Normal business hours of coverage are [Monday through Friday], [8:00am

- 4:30pm], excluding federal holidays. All service/repairs will be performed during the normal business hours of coverage unless requested and approved by the COR.

B. Preventive maintenance will be performed [semi-annually]. Preventive maintenance is to be performed inside normal business hours.

Note: Hardware/software 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).

C. Federal Holidays observed by the

VAMC are:

New Years Day Labor Day

Martin Luther King Day

Columbus Day

President’s Day

Veterans Day

Memorial Day

Christmas Day

Thanksgiving Day

Independence Day

And any other day specifically declared by the President of the United States to be a national holiday.

IV. LABOR:

A. Unlimited labor is included within the hours of coverage noted above.

V. REPAIRS:

A. The contractor shall maintain the equipment in accordance with the Conformance

Standards Section, by furnishing all necessary labor, unlimited technical phone support, equipment, tools, materials, repair service, shipping charges and all peripherals.

Equipment repairs/service as specified in Section C, in Section C, I, Equipment, software updates and parts for service 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 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 [one (1) hour] after receipt of telephoned notification [24 hours per day]. If the problem can not be corrected by phone, the FSE will commence work

(on-site physical response) within [four (4) hours] after receipt of notification or completion of phone support, and will proceed progressively to completion without undue delay. Except when outside hours of coverage is authorized by the COR.

D. Repair Up-Time: From the time when the FSE commences the on-site unscheduled maintenance, the repairs/service must be completed within are 24 hours (24 hours/day).

VI. SCHEDULED MAINTENANCE:

A. The contractor shall perform

Preventive Maintenance (PM) service to ensure that equipment listed in the schedule performs in accordance with Section C, III, Conformance Standards. The contractor shall make thorough technical inspections of the equipment covered in the Schedule.

Within ten (10) days after the award of the contract, the contractor shall submit a schedule of PMs and a PM checklist describing in detail the scheduled maintenance procedures for inspecting each piece of equipment listed. This checklist is subject to the approval of the COR. The contractor shall provide and utilize these procedures and checklists with worksheet originals indicating the work performed and actual values obtained (as applicable) provided to the COR at the completion of the PM. All equipment listed under Section C, I, Equipment, will have PM service performed semi-annually.

PM services shall include, but need no be limited to, the following:

1. Cleaning of equipment.

2. Reviewing operating system software diagnostics to ensure that system is operating to the manufacturer’s specifications.

3. Calibrating and lubricating the equipment.

4. Performing remedial maintenance of non-emergent nature.

5. Test and replacing faulty and worn parts and/or parts which are likely to become faulty, fail or become worn.

6. Adjusting and calibrating as necessary.

7. Inspecting electrical wiring and cables for wear and fraying.

8. Inspecting all mechanical components including, but not limited to patient restraints and support devices, chains, belts, bearing and tracks, interlocks, clutches, motors, mechanical integrity, safety, and performance.

9. Performing Electrical Safety Inspections, which should include line cord ground wire resistance and leakage as specified in the Conformance Standards.

10. Returning the equipment to the operating condition defined in Section

C, III,

Conformance Standards.

B. PM services shall be performed in accordance with, and during the hours defined in, the

Preventive Maintenance schedule established herein. All exceptions to the PM schedule shall be arranged and approved in advance with the COR.

C. All parts, services, manuals, tools, or software required to successfully complete scheduled PM are included within this contract, and its agreed upon price, unless specifically stated in writing otherwise.

D. Upon completion of the preventive maintenance and electrical safety inspection, the FSE must tag the equipment with the appropriate labels used by each facility, if required by the facility. The FSE must fill-in label sections for: date inspection, date next due, and initials of FSE. Labels will be provided to the FSE when reporting (signing-in) to

Biomedical Engineering.

VII. PARTS:

The contractor shall furnish and replace parts to meet the repair up-time requirements as stated in Section C, V, 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. New parts shall be furnished by the contractor and guaranteed against defects and/or failure for a period of 1 year from of completion installation of the component.

VIII. SERVICE/REPAIR:

The contractor shall maintain all of the equipment listed in Section C, I, Equipments. In the event that an equipment needs service/repair, the contractor’s FSE must respond with a phone call to the COR and his/her designee within [one(1) hour] after receipt of telephoned notification

[24 hours per day]. If the problem can not be corrected by phone, the FSE will commence work

(on-site physical response) to identify and help eliminate any problems, within [eight (8) hours] after receipt of notification or completion of phone support, and will proceed progressively to completion without undue delay.

IX. SERVICE MANUALS:

The VAMC shall not provide service manuals or service diagnostic software to the contractor. They shall obtain, have on file, and make available to its FSE’s all operational and technical documentation, (such as; operational and service manuals, schematics, 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.

X. DOCUMENTATION/REPORTS:

The documentation will include legible detailed descriptions of the scheduled and unscheduled maintenance procedures performed, including replaced parts and prices (for outside normal working hour service) required to maintain the equipment in accordance with conformance standards. Such documentation shall meet the guidelines as set forth in the

Conformance Standards Section. In addition, each ESR must as a minimum document the following data legibly and in complete detail:

A. Name of Contractor.

B. Name of FSE who performed services.

C. Contractor Service ESR Number/Log Number.

D. Date, Time (starting and ending), Equipment Downtime and Hours-On-Site for service call.

E. VA PO#(s) covering the call, if outside normal working hours.

F. Description of Problem Reported by COR/User.

G. Identification of Equipment to be serviced:

INV. ID#, Manufacturer’s Name, Device Name, Model #, Serial #, and any other

Manufacturers identification numbers.

H. Itemized Description of Service

Performed (including Cost associated with after normal working hour services), including:

Labor and Travel, Parts (with parts #) and Materials and Circuit Location of problem/corrective action.

I. Total Cost to be billed.

J. Signatures:

1. FSE performing services described.

2. A Employee who witnessed service described.

K. Equipment downtime

Note: ANY ADDITIONAL CHARGES CLAIMED MUST BE APPROVED BY THE COR

BEFORE SERVICE IS COMPLETED!

XI. REPORTING REQUIREMENTS:

A. The contractor shall be required to report to Biomedical Engineering and/or Medical

Service to log in.

This check in is mandatory, and each facility will designate the appropriate area to report

to. When the service is completed, the FSE shall document services rendered on a legible ESR(s). The FSE shall be required to log out with and submit the ESR(s) to

Biomedical Engineering and/or Medical Service. All ESRs shall be submitted to the equipment user for an “acceptance signature” and to the COR for an “authorization signature”. If the COR is unavailable, a signed authorized copy of the ESR will be sent to COR by the contractor after the work can be reviewed (if requested or noted on the

ESR).

B. The contractor is totally responsible for providing Service and Preventive Maintenance reports directly to the COR.

XII. PAYMENT:

A. Purchase Order Payment Procedures:

Payments will be made monthly in arrears upon receipt of properly prepared invoices which must show reference to the correct purchase order 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 period.

B. Payment Procedures:

Invoices must then be mailed to the corresponding VAMC the charge is applied to. Each invoice must be provided in [triplicate] and must include the Service Reports (ESR’s) for work performed. Invoices must show reference to the correct purchase order number and contract number issued upon the award of this contract. If there are any deductions to be made, or a credit card charge in was made in error, a credit will be due of the correct amount for the monthly payment in question. Notification of the credit, is to be made in writing for any adjustments that were made and then mailed to the corresponding VAMC.

XIII. 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.

XIV. REPORTING REQUIRED SERVICES BEYOND THE CONTRACT

SCOPE:

The Contractor shall immediately, but not later than 24 consecutive hours after discovery notify the 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.

XV. 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.

All contractor employees and subcontractors under this contract or order are required to complete VA's Information Security and Privacy combined Awareness Training Course annually. Contractors must provide signed certifications of completion to the COR during each year of the contract. This requirement is in addition to any other training that may be required of the contractor and subcontractor(s).

VA INFORMATION CUSTODIAL LANGUAGE

a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in

Data - General, FAR 52.227-14(d) (1).

b. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

c. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

d. Bio-Medical devices and other equipment or systems containing media (hard drives, optical disks, etc.) with VA sensitive information must not be returned to the vendor at the end of lease, for trade-in, or other purposes. The options are:

(1) Vendor must accept the system without the drive;

(2) VA’s initial medical device purchase includes a spare drive which must be installed in place of the original drive at time of turn-in; or

(3) VA must reimburse the company for media at a reasonable open market replacement cost at time of purchase.

(4) Due to the highly specialized and sometimes proprietary hardware and software associated with medical equipment/systems, if it is not possible for the VA to retain the hard drive, then;

(a) The equipment vendor must have an existing BAA if the device being traded in has sensitive information stored on it and hard drive(s) from the system are being returned physically intact; and

(b) Any fixed hard drive on the device must be non-destructively sanitized to the greatest extent possible without negatively impacting system operation. Selective clearing down to patient data folder level is recommended using VA approved and validated overwriting technologies/methods/tools. Applicable media sanitization specifications need to be pre-approved and described in the purchase order or contract.

(c) A statement needs to be signed by the Director (System Owner) that states that the drive could not be removed and that (a) and (b) controls above are in place and completed. The

ISO needs to maintain the documentation.

TRAINING

a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:

(1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems; VA Handbook 6500.6, Contract Security

APPENDIX C

(2) Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training;

(3) Successfully complete the appropriate VA privacy training and annually complete required privacy training; and

(4) Successfully complete any additional cyber security or privacy training, as required for

VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document – e.g., any role-based information security training required in accordance with NIST Special

Publication 800-16, Information Technology Security Training Requirements.]

b. The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.

c. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.

XVI. CONDITION OF EQUIPMENT

The contractor accepts responsibility for the equipment described in Section C, I, in “as is” condition. Failure to inspect the equipment prior to contract award will not relieve the contractor from performance of the requirements of this contract.

XVII. COMPETENCY OF PERSONNEL SERVICES EQUIPMENT:

A. Each respondent must have an established business, with an office and full time staff.

The staff includes a “fully qualified” FSE and a “fully qualified” FSE who will serve as the backup.

B. “Fully Qualified” is based upon training and on experience in the field. For training, the

FSE(s) has successfully completed a formalized training program, for the equipment comparable to that identified in the Section B schedule. For field experience, the FSE(s) has a minimum of three years of experience, with respect to scheduled and unscheduled preventive and remedial maintenance, on equipment comparable to the maintenance system, identified in Section B schedule.

C. The FSEs shall be authorized by the contractor to perform the maintenance services. All work shall be performed by “Fully Qualified” competent FSEs. The contractor shall provide written assurance of the competency of their personnel and list of credentials of approved FSEs for each make and model the contractor services at the VAMC. The CO may authenticate the training requirements, request training certificates or credentials from the contractor at any time for any personnel who are servicing or installing any

VAMC equipment. The CO and/or the COR specifically reserve the right to reject any of the contractor’s personnel and refuse them permission to work on the VAMC 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.

XVIII. TEST EQUIPMENT:

Prior to commencement of work on this contract, the contractor shall provide the VAMC with copy of current calibration shall perform and provided on an annual basis. Test equipment calibration shall be traceable to national standard.

XIX. 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. 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.

XX. INSURANCE

A. Worker compensation and employee’s liability. Contractors are required to comply with applicable Federal and State Worker Compensation and occupational disease statutes.

B. General Liability. Contractors are required to have Bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

C. Property Damage Liability.

Contractors are required to have Property Damage Liability insurance coverage of at least $500,000.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 YR __________________ __________________

ANNUAL SERVICE CONTRACT FOR MEDICAL SERVICE

POWEREDGE R320 (14 UNITS) JB17CZ1 - POWEREDGE R320,

7DBFY12 - POWEREDGE R320 7G0KN22 - POWEREDGE R320,

2BLDR22 - POWEREDGE R320, GN2KV52 - POWEREDGE R630

HC0DV52 - POWEREDGE R730, FV338Y1 - POWEREDGE R720,

FV348Y1 - POWEREDGE R720 6Y0JDX1 - POWEREDGE R520,

G2848Y1 - POWEREDGE R520, 8TRD322 - POWEREDGE R620

JTRD322 - POWEREDGE R620, D6X8B22 - POWEREDGE R720,

C6X8B22 - POWEREDGE R720 SERVICE CONTRACT TYPE:

PROSUPPORT 4HR 7X24 Onsite + ProSupport Technical Support + Keep Your Hard Drive Contract Period: Base POP Begin: 09-18-2019 POP End: 09-17-2020

POWEREDGE R320 (14 UNITS) JB17CZ1 - POWEREDGE R320,

7DBFY12 - POWEREDGE R320 7G0KN22 - POWEREDGE R320,

2BLDR22 - POWEREDGE R320, GN2KV52 - POWEREDGE R630

HC0DV52 - POWEREDGE R730, FV338Y1 - POWEREDGE R720,

FV348Y1 - POWEREDGE R720 6Y0JDX1 - POWEREDGE R520,

G2848Y1 - POWEREDGE R520, 8TRD322 - POWEREDGE R620

JTRD322 - POWEREDGE R620, D6X8B22 - POWEREDGE R720,

C6X8B22 - POWEREDGE R720 SERVICE CONTRACT TYPE:

PROSUPPORT 4HR 7X24 Onsite + ProSupport Technical Support + Keep Your Hard Drive Contract Period: Option 1 POP Begin: 09-18-2020 POP End: 09-17-2021

POWEREDGE R320 (14 UNITS) JB17CZ1 - POWEREDGE R320,

7DBFY12 - POWEREDGE R320 7G0KN22 - POWEREDGE R320,

2BLDR22 - POWEREDGE R320, GN2KV52 - POWEREDGE R630

HC0DV52 - POWEREDGE R730, FV338Y1 - POWEREDGE R720,

FV348Y1 - POWEREDGE R720 6Y0JDX1 - POWEREDGE R520,

G2848Y1 - POWEREDGE R520, 8TRD322 - POWEREDGE R620

JTRD322 - POWEREDGE R620, D6X8B22 - POWEREDGE R720,

C6X8B22 - POWEREDGE R720 SERVICE CONTRACT TYPE:

PROSUPPORT 4HR 7X24 Onsite + ProSupport Technical Support + Keep Your Hard Drive Contract Period: Option 2 POP Begin: 09-18-2021

POP End: 09-17-2022

POWEREDGE R320 (14 UNITS) JB17CZ1 - POWEREDGE R320,

7DBFY12 - POWEREDGE R320 7G0KN22 - POWEREDGE R320,

2BLDR22 - POWEREDGE R320, GN2KV52 - POWEREDGE R630

HC0DV52 - POWEREDGE R730, FV338Y1 - POWEREDGE R720,

FV348Y1 - POWEREDGE R720 6Y0JDX1 - POWEREDGE R520,

G2848Y1 - POWEREDGE R520, 8TRD322 - POWEREDGE R620

JTRD322 - POWEREDGE R620, D6X8B22 - POWEREDGE R720,

C6X8B22 - POWEREDGE R720 SERVICE CONTRACT TYPE:

PROSUPPORT 4HR 7X24 Onsite + ProSupport Technical Support + Keep Your Hard Drive Contract Period: Option 3 POP Begin: 09-18-2022 POP End: 09-17-2023

POWEREDGE R320 (14 UNITS) JB17CZ1 - POWEREDGE R320,

7DBFY12 - POWEREDGE R320 7G0KN22 - POWEREDGE R320,

2BLDR22 - POWEREDGE R320, GN2KV52 - POWEREDGE R630

HC0DV52 - POWEREDGE R730, FV338Y1 - POWEREDGE R720,

FV348Y1 - POWEREDGE R720 6Y0JDX1 - POWEREDGE R520,

G2848Y1 - POWEREDGE R520, 8TRD322 - POWEREDGE R620

JTRD322 - POWEREDGE R620, D6X8B22 - POWEREDGE R720,

C6X8B22 - POWEREDGE R720 SERVICE CONTRACT TYPE:

PROSUPPORT 4HR 7X24 Onsite + ProSupport Technical Support + Keep Your Hard Drive Contract Period: Option 4 POP Begin: 09-18-2023 POP End: 09-17-2024

GRAND TOTAL __________________

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…