36C24225Q0109 Journal Subscriptions JJP.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

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EDWOSB

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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. UEI: EFT:

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

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DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

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7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

526-25-1-045-0003

526-25-1-553-0002

36C24225Q0109 11-26-2024

Andres Cepeda andres.cepeda@va.gov 12-09-2024

12:00 EST

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

X

513120

1000 Employees

N/A

X

Department of Veterans Affairs

James J. Peters VA Medical Center

130 West Kingsbridge Road

Bronx NY 10468-3904

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 https://www.tungsten-network.com/ customer-campaigns/veteransaffairs/

See CONTINUATION Page

The Department of Veterans Affairs (VA), James J Peters VA medical center has a requirement to provide Journal

Subscriptions Services at James J. Peters VA Medical Center and associated out-patient clinics and Vet Centers.

The contract will be a firm-fixed-price (FFP) type of contract with an anticipated performance period of 01

January 2025 or Date of Award, until 31 December 2025 for base of the contract and four (4) 12 months option periods at the option of the Government.

Base Year: 01/01/2025 - 12/31/2025

Option 1: 01/01/2026 - 12/31/2026

Option 2: 01/01/2027 - 12/31/2027

Option 3: 01/01/2028 - 12/31/2028

Option 4: 01/01/2029 - 12/31/2029

See CONTINUATION Page

X X

X 1

Andres Cepeda

Contracting Officer NCO 2

36C24225Q0109

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

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

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...21

C.4 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.5 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.7 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2024)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023)

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

E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.4 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

E.5 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.6 VAAR 852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY

ACCESSIBILITY NOTICE (FEB 2023)

E.7 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

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

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:

[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] Yearly

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

Requests.

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

AMENDMENT NO DATE

B.2 STATEMENT OF WORK

SCOPE OF WORK

The Contractor shall be responsible for the management, labor and equipment necessary to provide access to (1) serial publication subscriptions (both in print and online), (2) Point of Care database subscriptions, and/ or bibliographic type databases

(3) related subscription requirements to keep track of subscriptions which are likely renewal titles year to year once the subscription exists. Related subscription requirements include paying publishers, handling claims for non-receipt, processing changes in subscriptions status (renewals, new and cancelled subscriptions), facilitating the activation of online access, and submission of required reports and other service problems.

Approximately 90% of subscriptions placed by the Customers will be renewal subscriptions.

All online subscriptions are to be made available to the Primary facility James. J. Peters VA Medical Center, 130 W. Kingsbridge Rd., Bronx, NY 10468 as well as its out patient clinics and Vet Center listed below. All print subscriptions under this procurement request are to be shipped to the Primary facility : James J. Peters VA Medical Center.

These are the out patient clincis and Vet Center locations:

Thomas P. Noonan Jr. Department of Veterans Affairs Outpatient Clinic 4701 Queens Boulevard, Suite 301 Sunnyside, NY 11104-1623

White Plains VA Clinic 23 South Broadway White Plains, NY 10601-3503

Yonkers VA Clinic 124 New Main Street Yonkers, NY 10701-4126

Bronx Vet Center 2471 Morris Avenue Suite 1A Bronx, NY 10468-5450

PERIOD OF PERFORMANCE

The period of performance shall commence on the effective date of award during first quarter of the fiscal year. With at least a 15 day lead time, the contractor needs advanced time to place and compete the subscription orders to the varied publishers (indicated by the title list attached at the end of this statement of work). Subscriptions are to start with January of new calendar year and run through end of calendar year unless the publisher has bi-monthly publication which starts in Feb. or of a similar nature. Without this advanced work requirement, the VA may not receive timely access to the required subscriptions. Publishers require advanced payment or a PO before granting access to the VA customers. Therefore, the VA contract period of performance is allowed to begin in the second quarter of the fiscal year to ensure the calendar year subscriptions are provided to the VA without waste or gap in service from current subscription year that is ending.

POP: Jan. 01, 2025 – Dec. 31, 2025 Plus 4 option years to renew with same vendor at a firm fixed price with the option to delete or to add titles each year as determined is needed at the facility level.

GENERAL REQUIREMENTS

Subscription Orders. The solicitation is divided into two parts. Contractor(s) must qualify under Part 1 in order to provide requirements under Part 2. The two Parts are:

Part 1 - Basic Subscription Orders.

Part 2 - Required Support Requirements.

Part 1 - Basic Subscription Orders. Contractor shall provide basic subscription orders that would include all of the tasks necessary to execute and manage orders for new and renewal subscriptions to serial publication subscriptions and point of care database subscriptions. These tasks fall into the following four critical areas, described in detail elsewhere in the solicitation:

(a) Ordering subscriptions;

(b) Serving as the fiscal agent with publishers, including making timely prepayments, processing refunds, claims, supplemental and bill-later charges;

(c) Ensuring timely and complete delivery of ordered subscriptions; and,

(d) Providing reports and other administrative support for subscriptions management.

Part 2 - Required Support Requirements. Contractor shall provide support to cover a range of subscription-related products to the library, in addition to basic subscription orders and renewals described under Part 1.

SPECIFIC REQUIREMENTS

Part One - Basic Subscription Orders and Renewals.

Contractor shall provide subscription orders for all subscriptions in all media generally available via agents from foreign and domestic publishers, if the ordering customer can supply sufficient publication information. Subscription Agent should be willing to work with customer in supplying what may be needed for online subscriptions to work from a Library Platform such as LibLynx as the VA currently uses.

The Contractor shall supply materials from a wide range of publishers

Definitions

(a) Point of Care Database. Point of Care databases are online clinical reference tools used by healthcare professionals in treating and diagnosing patients’ healthcare issues. These databases may contain e-journals, e-books, or be made up of proprietary information resources. These resources are accessible via the Internet. Other databases may consist of bibliographic review type databases used for collection development.

Subscription Periods.

Publisher permitting, the Contractor shall be required to place subscriptions at any time during the year, to provide common expiration dates for initial subscription and renewals whenever possible, and to assist in prorating for common expiration dates, as required by individual stations. The Contractor shall provide administrative and other requirements for each subscription placed until three months after its expiration or for the life of the subscription.

Direct Orders.

Listing of any "direct only" subscriptions, meaning subscriptions which the Contractor cannot supply due to publishers licensing requirements, where privity of contract is required by the Publisher to be directly between the Department of Veterans Affairs and the Publisher. The doctrine of privity in the common law of contracts provides that a contract cannot confer rights or impose obligations arising under it on any person or agent except the parties to it. Without VA Contracting Officer approval and that comply with the Publishers’ requirements, these orders cannot be placed through this contract action.

Payment.

The Contractor shall pay all regular subscription orders in advance, prior to submission of first invoice.

The Contractor shall make additional payments as necessary and be required to adjust for unforeseen contingencies, such as currency fluctuations, additional volumes but done through the approval of the contract modification when cost has not been factored in the annual quote.

The Contractor shall maintain complete records of all bibliographic and financial transactions of each Station for up to three years. The Contractor shall provide to the VA immediate access to these records on demand. If required by the VA, the Contractor shall provide copies of these documents at no cost. The Contractor shall retain the original records on-site.

Administrative Services. The Contractor shall provide the following administrative services to support subscription ordering services:

(a) Claims for missing, defective or mutilated issues. The Contractor shall be the contract liaison for all VA Stations in obtaining from the publisher replacement copies of periodicals found to be defective, mutilated, lost in transit, or otherwise missing, provided the loss is reported within sixty calendar days. Contractor shall provide back issue ordering if requested. Contractor shall respond to Stations' claims within ten (10) calendar days of the claim. The Contractor shall offer electronic claims services at no additional charge. The Contractor shall, upon request of the government, demonstrate or make available for review its electronic claims system prior to contract award.

(i) The Contractor shall provide each Station with the necessary training and written documentation to enable each Station to effectively use the electronic claiming system if preferred over contractor being notified by email for making the claims.

http://en.wikipedia.org/wiki/Privity_(law)

(ii) The Contractor shall supply the VA and all "ship-to" addressees with full service assistance in claiming missing issues.

(iii) The Contractor shall handle claims for any subscription for up to three months after the life of the subscription.

(b) Personal Representative. The Contractor shall assign a representative by name to provide personalized in-house assistance for VA Station account.

(c) Library Management Reports

(i) Claims Lists. The Contractor shall provide to the station a monthly listing of all outstanding claims and any responses received from the publishers.

The report shall be cumulative, by title, for all unresolved claims.

Licenses

Contractor and publishers frequently have license agreements for their electronic publications, systems and software products. Licenses may be for the subscription agent’s proprietary products, or publisher’s proprietary products. All license agreements will be between the VA library and the Contractor/Publishers but under the purview of VA contracting. Such individual licenses shall only pertain to the VA library for whom they were negotiated. License agreements will be reviewed, approved, signed and enforced by according to local procedures. Contractor’s proposals must contain copies of all Contractor proprietary licenses for all items offered.

LIST OF TITLES: (Medical Library and Patient List- but separate funding)

Medical List of Titles: FCP 045

Title ISSN or website & Media Type Frequency QTY

New York Times (online single user) https://www.nytimes.com/ All Access daily 1

New York Times (online single user) https://www.nytimes.com/ All Access daily 1

Nursing Services Policies and Procedures for Long Term Care H50075 One Print plus one USB Drive Irregular 1

AACR Journal Suite ONLINE Irregular 1

AHFS Drug Information (Current Year) ISSN 8756-6028 Print Annual copies

American Journal of Clinical Nutrition ISSN: 0002-9165 ONLINE Bi-Monthly 1

Amyotrophic Lateral Sclerosis & Frontotemporal Degenerations ISSN: 2167-9223 ONLINE Irregular 1

Annual Review of Pathology: Mechanisms of Disease eISSN: 1553-4014 ONLINE Annual 1

Arts & Health: An International Journal for Research

Print ISSN: 1753-3015 Online ISSN: 1753- 3023 ONLINE Tri-Annual 1

Bariatric Surgical Practice & Patient Care ISSN: 1557-1459 Online ISSN: 1557-1467

ONLINE Quarterly 1

Consumer Reports (With Buying Guide) ISSN 0010-7174 Print Monthly 1

Current Medical Diagnosis & Treatment ISSN 0092-8682Print Annual 1

Gerontologist EISSN 1758-5341 ONLINE Bi-Monthly 1

Gerontology & Geriatrics Education ISSN: 1545-3847 ONLINE Quarterly 1

Health Promotion International EISSN 1460-2245 ONLINE Quarterly 1

International Journal of Person-Centered Medicine EISSN 2043-7749 ONLINE Quarterly 1

Journal of Clinical Ethics ISSN: 1046-7890 Print Quarterly 1

Journal of Evidence-Informed Social Work Print ISSN: 2640-8066 Online ISSN: 2640-

8074 ONLINE Bi-Monthly 1

Journal of Infectious Diseases

EISSN 1537-6613 ONLINE only Semi-

Monthly 1

Journal of Opioid Management (Site License) ISSN: 1551-7489 (Print)

ISSN: 1551-7489 (Linking) Print + Online Bi-Monthly 1

Journal of Orthopaedic & Sports Physical Therapy

(JOSPT)

ISSN:2688-5115 (Electronic) 2688-5115 (Linking) ONLINE Monthly 1

Journal of Pain & Palliative Care Pharmacotherapy

ISSN:1536-0288 (Print) 1536-0539 (Electronic) ONLINE Quarterly 1

Journal of Rheumatology (IP Address) ISSN: 0315-162X (Print)

1499-2752 (Electronic) ONLINE Monthly 1

Journal of Spinal Cord Medicine ISSN:1079-0268 (Print) ; 2045-7723

(Electronic) ONLINE Bi-Monthly 1

Journal of the National Cancer Institute online ISSN: 1460-2105 ONLINE only Monthly 1

NEJM Journal Watch (General Medicine + multiple Speciality areas) Online Bi-Weekly 1

Legal Eagle Eye Newsletter for the Nursing Profession Print +ONLINE + email Monthly 1

LGBT Health ISSN:2325-8292 (Print) ; 2325-8306

(Electronic) ONLINE Irregular 1

Report on Medicare Compliance (non-member one user) https://www.hcca-info.org/publications/newsletters/report-medicare-compliance Print + Online(email) Weekly 1

Telemedicine & e-Health ISSN:1530-5627 (Print) ; 1556-3669

(Electronic) ONLINE Monthly 1

What Every Veteran Should Know (Book & Newsletter Monthly Supplements) ISSN: 0083-9108 Print Monthly 1

Doody's Core Titles - Basic https://www.doody.com/dct/ online Yearly subscription 1

Harvard Business Review (single user) ISSN:0017-8012 (Print) ; 0017-8012

(Linking) Online + Print Yearly subscription 1

Patient List of Titles: FCP 553

Title ISSSN & Media Type Frequency QTY

Leatherneck Magazine

ISSSSN: 0023-981X

Print Monthly 1

Marine Corps Gazette ISSN: 0025-3170 Print Monthly 1

Mens Health Magazine ISSN: 1054-4836 Print Irregular 1

PN ISSN: 0031-1766 Print Monthly 1

Popular Mechanics ISSN: 0032-4558 Print Monthly 1

Time Magazine ISSN: 0040-781X Print Weekly 1

National Geographic

ISSN: 0027-9358 Print (English) Monthly 4

Smithonian ISSN: 0037-7333 Print

(English) Irregular 4

NY TIMES

NY Edition; Hand delivry, Metro area;

Print Daily 3

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 YR __________________ __________________

Medical List of Titles: Journal Subscription Services for the

Department of Veterans Affairs, James J Peters VA Medical Center.

Journals listing is included in the Statement of Work. All online subscriptions are to be made available to the Primary facility James.

J. Peters VA Medical Center, 130 W. Kingsbridge Rd., Bronx, NY 10468 as well as its out-patient clinics and Vet Center: Thomas P.

Noonan Jr. Department of Veterans Affairs Outpatient Clinic, White Plains VA Clinic, Yonkers VA Clinic and Bronx Vet Center. All print subscriptions under this procurement request are to be shipped to the Primary facility : James J. Peters VA Medical Center.

NAICS Code: 513120

PSC: U099

Contract Period: Base POP Begin: 01-01-2025 POP End: 12-31-2025

Patient List of Titles: Journal Subscription Services for the

Department of Veterans Affairs, James J Peters VA Medical Center.

Journals listing is included in the Statement of Work. All online subscriptions are to be made available to the Primary facility James.

J. Peters VA Medical Center, 130 W. Kingsbridge Rd., Bronx, NY 10468 as well as its out-patient clinics and Vet Center: Thomas P.

Noonan Jr. Department of Veterans Affairs Outpatient Clinic, White Plains VA Clinic, Yonkers VA Clinic and Bronx Vet Center. All print subscriptions under this procurement request are to be shipped to the Primary facility : James J. Peters VA Medical Center.

NAICS Code: 513120

PSC: U099

Contract Period: Base POP Begin: 01-01-2025 POP End: 12-31-2025

Department of Veterans Affairs, James J Peters VA Medical Center.

Journals listing is included in the Statement of Work. All online subscriptions are to be made available to the Primary facility James.

J. Peters VA Medical Center, 130 W. Kingsbridge Rd., Bronx, NY 10468 as well as its out-patient clinics and Vet Center: Thomas P.

Noonan Jr. Department of Veterans Affairs Outpatient Clinic, White Plains VA Clinic, Yonkers VA Clinic and Bronx Vet Center. All print subscriptions under this procurement request are to be shipped to the Primary facility : James J. Peters VA Medical Center.

NAICS Code: 513120

PSC: U099

Contract Period: Option 1 POP Begin: 01-01-2026 POP End: 12-31-2026

Department of Veterans Affairs, James J Peters VA Medical Center.

Journals listing is included in the Statement of Work. All online subscriptions are to be made available to the Primary facility James.

J. Peters VA Medical Center, 130 W. Kingsbridge Rd., Bronx, NY 10468 as well as its out-patient clinics and Vet Center: Thomas P.

Noonan Jr. Department of Veterans Affairs Outpatient Clinic, White Plains VA Clinic, Yonkers VA Clinic and Bronx Vet Center. All print subscriptions under this procurement request are to be shipped to the Primary facility : James J. Peters VA Medical Center.

NAICS Code: 513120

PSC: U099

Contract Period: Option 1 POP Begin: 01-01-2026 POP End: 12-31-2026

Department of Veterans Affairs, James J Peters VA Medical Center.

Journals listing is included in the Statement of Work. All online subscriptions are to be made available to the Primary facility James.

J. Peters VA Medical Center, 130 W. Kingsbridge Rd., Bronx, NY 10468 as well as its out-patient clinics and Vet Center: Thomas P.

Noonan Jr. Department of Veterans Affairs Outpatient Clinic, White Plains VA Clinic, Yonkers VA Clinic and Bronx Vet Center. All print subscriptions under this procurement request are to be shipped to the Primary facility : James J. Peters VA Medical Center.

NAICS Code: 513120

PSC: U099

Contract Period: Option 2 POP Begin: 01-01-2027 POP End: 12-31-2027

Department of Veterans Affairs, James J Peters VA Medical Center.

Journals listing is included in the Statement of Work. All online subscriptions are to be made available to the Primary facility James.

J. Peters VA Medical Center, 130 W. Kingsbridge Rd., Bronx, NY 10468 as well as its out-patient clinics and Vet Center: Thomas P.

Noonan Jr. Department of Veterans Affairs Outpatient Clinic, White Plains VA Clinic, Yonkers VA Clinic and Bronx Vet Center. All print subscriptions under this procurement request are to be shipped to the Primary facility : James J. Peters VA Medical Center.

NAICS Code: 513120

PSC: U099

Contract Period: Option 2

POP Begin: 01-01-2027 POP End: 12-31-2027

Department of Veterans Affairs, James J Peters VA Medical Center.

Journals listing is included in the Statement of Work. All online subscriptions are to be made available to the Primary facility James.

J. Peters VA Medical Center, 130 W. Kingsbridge Rd., Bronx, NY 10468 as well as its out-patient clinics and Vet Center: Thomas P.

Noonan Jr. Department of Veterans Affairs Outpatient Clinic, White Plains VA Clinic, Yonkers VA Clinic and Bronx Vet Center. All print subscriptions under this procurement request are to be shipped to the Primary facility : James J. Peters VA Medical Center.

NAICS Code: 513120

PSC: U099

Contract Period: Option 3 POP Begin: 01-01-2028 POP End: 12-31-2028

Department of Veterans Affairs, James J Peters VA Medical Center.

Journals listing is included in the Statement of Work. All online subscriptions are to be made available to the Primary facility James.

J. Peters VA Medical Center, 130 W. Kingsbridge Rd., Bronx, NY 10468 as well as its out-patient clinics and Vet Center: Thomas P.

Noonan Jr. Department of Veterans Affairs Outpatient Clinic, White Plains VA Clinic, Yonkers VA Clinic and Bronx Vet Center. All print subscriptions under this procurement request are to be shipped to the Primary facility : James J. Peters VA Medical Center.

NAICS Code: 513120

PSC: U099

Contract Period: Option 3 POP Begin: 01-01-2028 POP End: 12-31-2028

Department of Veterans Affairs, James J Peters VA Medical Center.

Journals listing is included in the Statement of Work. All online subscriptions are to be made available to the Primary facility James.

J. Peters VA Medical Center, 130 W. Kingsbridge Rd., Bronx, NY 10468 as well as its out-patient clinics and Vet Center: Thomas P.

Noonan Jr. Department of Veterans Affairs Outpatient Clinic, White Plains VA Clinic, Yonkers VA Clinic and Bronx Vet Center. All print subscriptions under this procurement request are to be shipped to the Primary facility : James J. Peters VA Medical Center.

NAICS Code: 513120

PSC: U099

Contract Period: Option 4 POP Begin: 01-01-2029 POP End: 12-31-2029

Department of Veterans Affairs, James J Peters VA Medical Center.

Journals listing is included in the Statement of Work. All online subscriptions are to be made available to the Primary facility James.

J. Peters VA Medical Center, 130 W. Kingsbridge Rd., Bronx, NY 10468 as well as its out-patient clinics and Vet Center: Thomas P.

Noonan Jr. Department of Veterans Affairs Outpatient Clinic, White Plains VA Clinic, Yonkers VA Clinic and Bronx Vet Center. All print subscriptions under this procurement request are to be shipped to the Primary facility : James J. Peters VA Medical Center.

NAICS Code: 513120

PSC: U099

Contract Period: Option 4 POP Begin: 01-01-2029 POP End: 12-31-2029

GRAND TOTAL __________________

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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

Government must exercise its post-acceptance rights—

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

and

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims

Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the

Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

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

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the

Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the

Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

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

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

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

(i) Payment.—

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt

Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-

5(b) for the appropriate EFT clause.

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

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

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

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

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

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

(D) Contractor point of contact.

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

Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the

Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the

Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The

Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the

Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain

Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with

Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service

(TOS), or similar legal instrument or agreement, that includes any clause requiring the

Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

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

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

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

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

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

(End of Clause)

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

PRODUCTS AND COMMERCIAL SERVICES

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

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

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 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 five (15) years.

(End of Clause)

C.4 SUPPLEMENTAL INSURANCE REQUIREMENTS

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

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

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

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

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

(End of Clause)

C.5 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 (FAR) http://www.va.gov/oal/library/vaar/index.asp (VAAR)

FAR

Number

Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.232-18 AVAILABILITY OF FUNDS APR 1984

52.228-5 INSURANCE—WORK ON A GOVERNMENT

INSTALLATION

JAN 1997

852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE DEC 2022

852.203-70 COMMERCIAL ADVERTISING MAY 2018

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

OWNED SMALL BUSINESS EVALUATION FACTORS

(DEVIATION)

JAN 2023

852.215-71 EVALUATION FACTOR COMMITMENTS OCT 2019

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 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT

2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer

(ACO) for the purpose of performing certain tasks/duties in the administration of the contract.

Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of Addendum to 52.212-4)

C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

(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 products and commercial services:

(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 Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR

2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 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…