36C24226Q0835_1.docx

36C24226Q0835

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

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

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. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

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

36C24226Q0835 08-21-2026 Janelle Bonafede 716-862-7461 ext. 24570 08-28-2026 16:00

EDT

36C528 Department of Veterans Affairs Network Contracting Office (NCO) 2 2875 Union Road Suite 3500 Cheektowaga

NY

14227 X 334510 1250 Employees N/A X 36C630 Margaret Cochran Corbin VAMC 423 E 23rd St New York

NY

10010 36C528 Department of Veterans Affairs Network Contracting Office (NCO) 2 2875 Union Road Suite 3500 Cheektowaga

NY

14227

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

See CONTINUATION Page This requirement is for the purchase of one (1) motion capture system serving Margaret Cochran Corbin VA Medical Center.

CO: Janelle Bonafede 716-862-7461 ext. 24570 | Janelle.Bonafede@va.gov See CONTINUATION Page X Janelle Bonafede Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C242 Janelle Bonafede Department of Veterans Affairs Network Contracting Office (NCO) 2 2875 Union Road Suite 3500 Cheektowaga NY 14227

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

3. INVOICES: Invoices shall be submitted in arrears:

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

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

B.2 STATEMENT OF WORK

Introduction/Background The VA New York Harbor Healthcare System is dedicated to providing quality health care to Veterans using the abilities of all employees, supported by our commitment to education and research. The organization is recognized locally, regionally, and nationally as a leader in quality patient care, positive customer service, medical/allied health education, health-related research, and employment opportunities.

Manhattan Campus seeks to enhance its clinical and research capabilities related to motion analysis using a modern optical motion capture system. This procurement will support expanded clinical gait and movement assessment, rehabilitation, and research activities to improve functional outcomes and quality of life for Veterans.

Objectives/Requirements The purpose of this procurement is to acquire a complete hybrid optical motion capture (mocap) camera system, associated hardware, computer workstation, force measurement platforms, data acquisition hardware, biomechanical analysis software license, installation, and on‑site education for the VA Medical Center Manhattan. The system will support clinical and research motion analysis activities, enabling high‑precision 3D measurement of human movement for diagnosis, treatment planning, and outcome evaluation.

The objectives are to:

· Provide a multi-camera hybrid motion capture system capable of both passive marker-based and markerless video-based kinematic data acquisition for gait and functional movement assessment within a single integrated camera array, fully compatible with the facility's existing motion capture infrastructure and previously procured markerless motion capture software platform.

· Provide fully integrated force measurement platforms, wireless data acquisition hardware, and biomechanical analysis software that operate in synchrony with the motion capture system to enable simultaneous collection and analysis of kinematic, kinetic, and physiological data within a single research and clinical workflow.

· Ensure the system is fully installed, configured, and integrated into the designated clinical/research space at the Manhattan Campus.

· Provide on‑site education so VA staff can independently operate, maintain, and troubleshoot the system in routine clinical and research use.

· Minimize downtime and rework by clearly defining installation, training, warranty, and performance expectations.

Equipment and Software Requirements The Contractor shall provide all hardware, accessories, and services required to furnish a fully functional motion capture system and associated hardware and software.

Core Motion Capture Hardware

· Twelve (12) Hybrid Optical Motion Capture Cameras: dual-mode camera system with the following minimum technical specifications:

· 2 megapixel (MP) color image sensor with a resolution of 1920 x 1088 pixels

· Capable of streaming full HD color video at a minimum of 85 frames per second (fps) in video mode for markerless capture

· Capable of streaming passive marker data at a minimum of 340 fps in marker mode

· Capable of streaming HD 720 video at a minimum of 180 fps and VGA video at a minimum of 550 fps

· Standard horizontal field of view of 61 degrees

· Near-infrared (850 nm) strobe for passive marker illumination in marker mode; compatible with active markers

· Single-cable Ethernet connection carrying both data and power (daisy-chain capable)

· Native integration with the facility's existing motion capture data acquisition and management software ecosystem, enabling mode switching between marker-based and markerless capture without additional hardware

· Compatible with a markerless pose estimation software platform utilizing a deep neural network across 123 or more anatomical areas of interest

· Scalable array supporting 8 to 30 cameras within a single integrated system

· Twelve (12) Camera Interconnect Cables: 10-meter cables compatible with the hybrid motion capture cameras specified above

· Four (4) Camera Power Kits: US-compatible power supply, injector, and host cable assemblies for the hybrid motion capture cameras specified above

· One (1) Calibration Kit: carbon fiber calibration wand, 600 mm length, for system spatial calibration

· One (1) Network Switch: 8-port 1 Gb/2-port 10 Gb Ethernet switch for camera array data transmission

· Two (2) Ethernet Cables: dual RJ45, 15-meter length

· One (1) AC/DC Universal Power Adapter: compatible with EU/UK/US/CCC/AU power standards

Workstation and Display

· One (1) High-Performance Desktop Workstation: configured for markerless motion capture data processing; US keyboard; no monitor included in this line item

· One (1) Computer Monitor: 27-inch, US configuration

Mounting and Synchronization Accessories

· Twelve (12) Camera Mounting Clamps: super clamp style with 1/4-inch tap, compatible with standard camera mounting hardware

· Twelve (12) Camera Tripod Ball Heads: compatible with the mounting clamps and hybrid motion capture cameras specified above

· One (1) Camera Synchronization Unit: hardware synchronization device for multi-camera array timing

· Three (3) BNC Signal Cables: male/male, 3-meter length, 50 Ohm

· Two (2) BNC T-Coupling Adapters: female/male/female configuration, 50 Ohm

Embedded Force Measurement Platforms

· Two (2) Embedded Force Platforms: six-component force platform systems with the following minimum technical specifications:

· Platform surface dimensions of 400 mm x 600 mm x 82.5 mm

· Six-channel output measuring three orthogonal forces (Fx, Fy, Fz) and three moments (Mx, My, Mz) for computation of Center of Pressure (CoP)

· Minimum Fz load capacity of 8,900 N (2,000 lbs); minimum Fx/Fy load capacity of 4,450 N (1,000 lbs)

· Measurement accuracy of ±0.1% of applied load or better

· CoP accuracy less than 0.2 mm

· Hysteresis less than 0.5% full scale output

· Crosstalk of ±0.05% of applied load or better

· Composite top plate design with high-frequency natural frequency of minimum 570 Hz (Fx/Fy) and 730 Hz (Fz)

· Strain gage bridge sensing elements

· Each system to include: amplifier with both digital USB 2.0 and analog outputs; 9-meter force platform to amplifier cable; mounting hardware and resin kit

· Minimum 5-year manufacturer warranty on force platform components Portable Force Measurement Platforms

· Two (2) Portable Serial Force Plates: portable six-component force plate systems with the following minimum technical specifications:

· Platform surface dimensions of 400 mm x 600 mm x 50 mm (height)

· Mass of 10 kg (22 lb) per unit

· Six-component measurement of three orthogonal forces (Fx, Fy, Fz) and three moments (Mx, My, Mz) for computation of Center of Pressure (CoP)

· Maximum Fz load capacity of 10,000 N (2,200 lb); maximum Fx/Fy load capacity of 5,000 N (1,100 lb)

· Built-in 16-bit digital gain amplifier and signal conditioning unit; no calibration matrices required

· Minimum sampling frequency of 1,000 Hz

· Natural frequency: minimum 160 Hz (Fx, Fz) and 110 Hz (Fy)

· Linearity of 0.2% full scale output or better

· Accuracy error of 0.2% applied load or better for Fx, Fy, and Fz

· CoP accuracy error of 0.8 mm or better

· Crosstalk of 0.1% applied load or better

· Output cable support up to 100 meters without signal degradation

· Choice of digital USB, analog (six BNC outputs), or combined digital/analog external amplifier

· Adjustable feet for stable placement on uneven surfaces

· Lightweight aluminum honeycomb sandwich construction

· Compatible with any motion capture system Data Acquisition Hardware

· One (1) Wireless Data Acquisition Base Station: wireless multi-sensor data acquisition base station with the following minimum technical specifications:

· Capable of securing a continuous, synchronized data stream with a minimum of 32 wireless sensors simultaneously with no inter-sensor latency

· Wireless communication operating in the 2.4 GHz band with frequency and spatial redundancy across dual antennas

· Synchronous digitization of a minimum of six (6) user-configurable analog input channels at aggregate sampling rates of 6,000 to 48,000 samples per second, synchronized with wireless sensor data

· Analog input voltage ranges of ±10V to ±100mV, configurable as differential or single-ended signals; 24-bit full scale analog signal resolution

· Minimum of four (4) built-in BNC trigger ports configurable for input or output, ±5V or ±3V logic or TTL, with configurable rising or falling edge detection and pushbutton trigger bypass

· Four (4) user-configurable digital I/O channels for event marking and external device synchronization

· Dedicated front-panel event marking pushbuttons

· USB-C connectivity to host PC; controllable via software or user-programmable API

· Medical-grade 12VDC isolated power supply

· Includes base station, medical-grade power supply, and US-standard power cord (NEMA 1-15P)

Biomechanical Analysis Software

· One (1) additional Professional User License for three-dimensional biomechanical analysis software with the following minimum specifications:

· Capable of processing data from marker-based motion capture systems, markerless motion capture systems, inertial measurement units (IMUs), force platforms, and EMG recordings within a single integrated platform

· Includes full math libraries for computation of six degree-of-freedom (6-DoF) joint angles, moments, powers, forces, velocities, and accelerations

· Supports custom biomechanical model creation without limitations of predefined marker sets, analysis rules, or other restrictions

· Fully customizable pipeline tool for automation of biomechanical analysis workflows

· Integrated graphing, reporting, and data export functionality

· Native compatibility with the facility's existing motion capture data acquisition and management software ecosystem and markerless motion capture software platform

· Native compatibility with force platform and data acquisition hardware included in this procurement

Services and Freight

· One (1) Day On-Site System Installation

· One (1) Day On-Site Education and Training

· Freight for one (1) complete system

All hardware shall be new, current‑production equipment. The Contractor shall supply any required proprietary software licenses to operate the motion capture cameras and to acquire, review, and export data. All components shall be compatible with VA’s existing IT and electrical infrastructure; any deviations or special requirements must be identified in advance and approved by VA.

Recommendation:

This will be utilized in Prosthetics-NY.

Product Installation (If applicable)

The Contractor shall be responsible for determining and complying with all applicable federal, state, and local codes, design requirements, and manufacturer recommendations necessary to install the system at the designated Manhattan VA location. The Contractor shall coordinate with VA facilities, Biomedical Engineering, and IT offices for any site access, network connections, and power requirements.

Installation shall include, at minimum:

· Delivery and placement of all cameras, mounts, cables, sync unit, workstation, and accessories in the designated room.

· Physical mounting of cameras using provided clamps and ball heads, routing of cables in a safe and neat manner, and connection to the Ethernet switch, sync unit, and workstation.

· Software installation and configuration on the supplied workstation, including any required drivers and proprietary motion capture acquisition and management software.

· System configuration and calibration are sufficient to demonstrate proper motion capture functionality (test capture and reconstruction in the installed space).

Vendor personnel will not perform construction or craftsman work (e.g., drilling into walls/ceilings, building structures, constructing cable raceways); any such work required shall be the responsibility of VA facilities or a separate contractor. The system is expected to be installed without need for new construction, special wiring, or additional space modifications beyond standard clinical/research utility.

Training Of Operating personnel (If Applicable)

(a) The price quoted shall include contractor responsibility for providing on-site orientation and training of using personnel in operation and care of the equipment furnished. This training shall include actual demonstration and operation of the equipment, preventative maintenance, and any adjustments or other actions which may be undertaken by operating personnel in the event of failure of equipment, provided that such adjustment or action shall in no way jeopardize the Government's rights under contract guarantee clause. Upon completion of installation, this training shall be given by qualified contractor representatives on a date to be determined by the using service POC. Operator and maintenance training shall not be conducted concurrently.

(b) Vendor shall submit training materials and training videos (prepared in CD or DVD format) on each piece of equipment for operation and maintenance. Any available training videos shall be for operation and maintenance and shall not be combined. These training materials and videos shall demonstrate the operation and maintenance of the equipment and any adjustments or other actions that may be undertaken by VA operating personnel in the event of failure of equipment. These training materials and videos shall be submitted to the responsible operations official or his designee prior to beginning of training.

(c) The Vendor shall consult with the Contracting Officer Representative or person acting in that capacity regarding the time this training will begin. These officials will be responsible for arranging for the presence of personnel to be trained.

Penalty for non-performance

If services and products do not conform to contract requirements, the Government may require the contractor to perform the services again in conformity with contract requirements, at no additional cost to the Government, if appropriate. When the defects in services and products cannot be corrected by re-performance, the Government may:

· Reduce the contract price to reflect the reduced value of the service performed and product delivered.

Place of Performance / Delivery Location

Jason Maikos, PhD VA New York Harbor Healthcare System VISN 2 BRAVO Laboratory, Room 7054S 423 E. 23rd Street New York, NY 10010

Acceptance Procedures

Prior to acceptance of the goods or services provided under this contract, inspection and testing will be performed by the Government in accordance with this clause. Upon completing of installation the equipment shall be turned over to the hospital for use. The contractor shall furnish, upon completion of installation, a written notice of readiness for inspection for the Contracting Officer and the requesting service.

The COR at the Manhattan VA will confirm receipt of the equipment and will be able to monitor and evaluate the unit directly during cases.

The C&A requirements do not apply, Security Accreditation Package is not required.

Records Management Language for Contracts When Federal agencies acquire goods or services, they need to determine what Federal records management requirements should be included in the contract. Federal contractors often create, send, or receive Federal records. Federal contracts should provide clear legal obligations describing how the contract employees must handle Federal records.

Agency records officers, procurement counsel, and acquisitions officers must discuss how to integrate records management obligations into their existing procurement processes. NARA has developed the following language to be included as an agency-specific term and condition in Federal contracts for a variety of services and products. The majority of contracts should include language on records management obligations, but each contract should be evaluated individually. For example, the data-rights paragraph (Paragraph 10 below) may not be appropriate for all contracts. Instead, agencies may be better served by one of the established data-rights clauses in the Federal Acquisition Regulations.

This language should not replace specific records management requirements included within Federal information system contracts.

Privacy Training for contractor without access to VA Sensitive Information

All contractor employees and subcontractors participating under this contract are required to complete the VA's Privacy training requirement - “VA Privacy Training for Personnel without Access to VA Computer Systems or Direct Access to or the Use of VA Sensitive Information” Contractors must provide certifications of completion to the COR during each year of the contract. Training expires 365 days after the training is taken. This requirement is in addition to any other training that may be required of the contractor and subcontractor(s). The COR for the contract is responsible for ensuring the contractor takes the training and to follow up with the annual requirements.

RECORDS MANAGEMENT OBLIGATIONS

A. Applicability This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

B. Definitions “Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

1. includes [Agency] records.

2. does not include personal materials.

3. applies to records created, received, or maintained by Contractors pursuant to their [Agency] contract.

4. may include deliverables and documentation associated with deliverables.

C. Requirements

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. [Agency] and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of [Agency] or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to [Agency]. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment are no longer required, it shall be returned to [Agency] control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and [Agency] guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with [Agency] policy.

8. The Contractor shall not create or maintain any records containing any non-public [Agency] information that are not specifically tied to or authorized by the contract.

9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

10. The [Agency] owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which [Agency] shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take [Agency]-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

[Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.] D. Flowdown of requirements to subcontractors

1. The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same.

2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

Records Management Language for Contracts | National Archives

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Hybrid Optical Motion Capture Cameras (see SOW for specifications) Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 6640 - Laboratory Equipment and Supplies

Camera Interconnect Cables: 10-meter cables compatible with the hybrid motion capture cameras specified above

POP Begin:

POP End:

Camera Power Kits: US-compatible power supply, injector, and host cable assemblies for the hybrid motion capture cameras specified above

POP Begin:

POP End:

Calibration Kit: carbon fiber calibration wand, 600 mm length, for system spatial calibration

POP Begin:

POP End:

Network Switch: 8-port 1 Gb/2-port 10 Gb Ethernet switch for camera array data transmission

POP Begin:

POP End:

Ethernet Cables: dual RJ45, 15-meter length

POP Begin:

POP End:

AC/DC Universal Power Adapter: compatible with EU/UK/US/CCC/AU power standards

POP Begin:

POP End:

High-Performance Desktop Workstation: configured for markerless motion capture data processing; US keyboard; no monitor included in this line item

POP Begin:

POP End:

Computer Monitor: 27-inch, US configuration

POP Begin:

POP End:

Camera Mounting Clamps: super clamp style with 1/4-inch tap, compatible with standard camera mounting hardware

POP Begin:

POP End:

Camera Tripod Ball Heads: compatible with the mounting clamps and hybrid motion capture cameras specified above

POP Begin:

POP End:

Camera Synchronization Unit: hardware synchronization device for multi-camera array timing

POP Begin:

POP End:

BNC Signal Cables: male/male, 3-meter length, 50 Ohm

POP Begin:

POP End:

BNC T-Coupling Adapters: female/male/female configuration, 50 Ohm

POP Begin:

POP End:

Embedded Force Platforms: six-component force platform systems with the following minimum technical specifications: See SOW

POP Begin:

POP End:

Portable Serial Force Plates: portable six-component force plate systems with the following minimum technical specifications: See SOW

POP Begin:

POP End:

Wireless Data Acquisition Base Station: wireless multi-sensor data acquisition base station with the following minimum technical specifications: See SOW

POP Begin:

POP End:

additional Professional User License for three-dimensional biomechanical analysis software with the following minimum specifications: See SOW

POP Begin:

POP End:

One (1) Day On-Site System Installation

POP Begin:

POP End:

One (1) Day On-Site Education and Training

POP Begin:

POP End:

Freight for one (1) complete system

POP Begin:

POP End:

B.4 DELIVERY SCHEDULE

423 E. 23rd Street New York, NY 10010

USA

12.00

423 E. 23rd Street New York, NY 10010

12.00

423 E. 23rd Street New York, NY 10010

4.00

423 E. 23rd Street New York, NY 10010

1.00

423 E. 23rd Street New York, NY 10010

1.00

423 E. 23rd Street New York, NY 10010

2.00

423 E. 23rd Street New York, NY 10010

1.00

423 E. 23rd Street New York, NY 10010

1.00

423 E. 23rd Street New York, NY 10010

1.00

423 E. 23rd Street New York, NY 10010

12.00

423 E. 23rd Street New York, NY 10010

12.00

423 E. 23rd Street New York, NY 10010

1.00

423 E. 23rd Street New York, NY 10010

3.00

423 E. 23rd Street New York, NY 10010

2.00

423 E. 23rd Street New York, NY 10010

2.00

423 E. 23rd Street New York, NY 10010

2.00

423 E. 23rd Street New York, NY 10010

1.00

423 E. 23rd Street New York, NY 10010

1.00

423 E. 23rd Street New York, NY 10010

1.00

423 E. 23rd Street New York, NY 10010

1.00

423 E. 23rd Street New York, NY 10010

1.00

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023) (DEVIATION OCT 2025)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) 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.

(c) 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.

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

(e) 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 FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(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. Examples of occurrences include 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. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(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) 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 that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) 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;

(D) Contractor point of contact; and

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

(5) 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 FAR part 33 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 FAR part 32).

(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 termination for cause.

(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 for interest credits prescribed in FAR part 32 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 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. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. 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 under this contract 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) 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; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.

(r) 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 Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(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 (s)(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.

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This clause does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(u) 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…