36C24419Q1041-001.docx

FedBizOpps Combined Synopsis/Solicitation Notice

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SOLICITATION NUMBER

RESPONSE DATE (MM-DD-YYYY)

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DAYS AFTER THE RESPONSE DATE

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* = Required Field FedBizOpps Combined Synopsis/Solicitation Notice Rev. March 2010 J The purchase of BrainLab Eleckta Stereotactic System 19805 36C24419Q1041 08-23-2019 N 339112 Department of Veterans Affairs Network Contracting Office 4 valarie.garner-scott@va.gov valarie.garner-scott@va.gov valarie.garner-scott@va.gov SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NO.

PAGE1OF 46

INFORMATION CALL:

ValarieGarner-Scott 302-994-2511X7524

TIME08-23-2019

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

36C24419Q1041 08-14-2019

7. FOR SOLICITATION

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

)1600

Page 1 of

9. ISSUEDBY CODE

Department of Veterans Affairs Network Contracting Office 4

00562 10.

THIS ACQUISITION IS SMALLBUSINESS

XUNRESTRICTEDOR SET ASIDE: %FOR:WOMEN-OWNED SMALLBUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

Page 1 of

WILMINGTON VAMC

1601 KIRKWOOD HIGHWAY

HUBZONE SMALL

BUSINESS

SMALL BUSINESS PROGRAM

EDWOSB

NAICS:

339112

Page 1 of

WILMINGTON DE 19805

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS

8(A)

SIZE STANDARD:

$27.5 Million

Page 1 of

11. DELIVERY FOR FOBDESTINA- TION UNLESS BLOCK IS MARKED

SEE SCHEDULE

12.

DISCOUNTTERMS

13a. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700)

13b. RATING N/A

14. METHOD OFSOLICITATION

XRFQ IFB RFP

Page 1 of

15. DELIVERTO CODE 16.ADMINISTEREDBY CODE

Page 1 of Department of Veterans Affairs VA PITTSBURGH MEDICAL SYSTEM UNIVERSITY DRIVE C

PITTSBURGH PA 15240

Department of Veterans Affairs Network Contracting Office 4 WILMINGTON VAMC

1601 KIRKWOOD HIGHWAY

WILMINGTON DE 19805

Page 1 of

17a.CONTRACTOR/OFFEROR CODE FACILITYCODE 18a. PAYMENT WILL BEMADEBY CODE

Department of Veterans Affairs Financial Services Center PO Box 149971 Austin TX 78714-8971

PHONE: FAX:

TELEPHONENO. DUNS: DUNS+4:

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

Page 1 of

This RFQ is for the purchase of BrainLab Eleckta Stereotactic System, software subscriptions, andaccessories for the PittsburghVAMC.

A Base and 4 Option Years are to run asfollows: BaseYear: 09/01/2019 -08/31/2020 Option 1: 09/01/2020 - 08/31/2021 Option 2: 09/01/2021 - 08/31/2022 Option 3: 09/01/2022 - 08/31/2023 Option 4: 09/01/2023 -08/31/2024

Submit quotes via email to Valarie Garner-Scott atvalarie.garner-scott@va.govNLT 8/23/2019 by 15:30 PM EST.

VA POC Valarie Garner-Scott,valarie.garner-scott@va.gov

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING ANDAPPROPRIATIONDATA 26. TOTAL AWARD AMOUNT (For Govt. UseOnly)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

XARE ARE NOT ATTACHED.

27b.CONTRACT/PURCHASEORDERINCORPORATESBYREFERENCEFAR52.212-4.FAR52.212-5ISATTACHED.ADDENDA ARE ARE NOTATTACHED

Page 1 of

X28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT ANDRETURN 1

29.

AWARD OFCONTRACT:REF. OFFER

Page 1 of COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TOFURNISHAND DATED . YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIEDABOVE AND ONANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS ANDCONDITIONSSPECIFIED SET FORTH HEREIN IS ACCEPTED AS TOITEMS:

30a. SIGNATUREOFOFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTINGOFFICER)

31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) Gregory M. Wizar Contracting Officer 30c. DATE SIGNED )30b. NAME AND TITLE OF SIGNER (TYPEORPRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449

(REV. 2/2012)

PREVIOUS EDITION ISNOTUSABLE Prescribed by GSA - FAR (48 CFR)53.212

Table of Contents 36C24419Q1041

Page of 46

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATIONDATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C244 Department of Veterans Affairs Network Contracting Office 4 WILMINGTON VAMC

1601 KIRKWOOD HIGHWAY

WILMINGTON DE 19805

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

3. INVOICES: Invoices shall be submitted inarrears:

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 ofPayment Requests.

Department of Veterans Affairs Financial Services Center PO Box 149971

Austin TX 78714-8971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 PRICE/COSTSCHEDULE

ITEM INFORMATION

QUANTI

TY

UNIT

UNIT PRICE

AMOUNT

BRAINLAB ELEKTA PLANNING STATION EIL 430, CSN: 6515-439980, NXA-5YR-SURGERY-BRAIN/LAB Contract Period: Base POP Begin: 09-01-2019 POP End: 08-31-2020

LOCAL STOCK NUMBER: 10982

ELEKTA LEKSELL COORDINATE FRAME G KIT WITH INSULATED POSTS AND 40 TITANIUM FIXATION SCREWS

LOCAL STOCK NUMBER: B55307

ELEKTA TITANIUM FIXATION SCREWS KIT

LOCAL STOCK NUMBER: 55311-13

ELEKTA MR-INDICATOR FOR LEKSELL GFRAME

LOCAL STOCK NUMBER: 5532-08

ELEKTA ATTACHMENT CLIP

LOCAL STOCK NUMBER: 55311-75

ELEKTA INJECTION AND ASPIRATION NEEDLE KIT

LOCAL STOCK NUMBER: 55312-21

ELEKTA SALCHMAN TWIST DRILL KIT

LOCAL STOCK NUMBER: 55312-51

ELEKTA MR-INDICATOR FOR LEKSELL GFRAME

LOCAL STOCK NUMBER: 5532-08

ELEKTA ATTACHMENT CLIP

POP End: 08-31-2020

LOCAL STOCK NUMBER: 55311-75

ELEKTA STOP WITH 2.5MM HOLE

LOCAL STOCK NUMBER: 55312-30

CRANIAL TRAINING

LOCAL STOCK NUMBER: 81012-01

FREIGHT, INSURANCE AND FEES

LOCAL STOCK NUMBER: 50780

ORIGIN DATA MANAGEMNET SUBSCRIPTION

LOCAL STOCK NUMBER: 26201

ELEMENTS STEREOTAXY SUBSCRIPTION

LOCAL STOCK NUMBER: 26347

ELEMENTS TRAJECTORY PLANNING CRANIAL SUBSCRIPTION

LOCAL STOCK NUMBER: 26250

ELEMENTS VIEWER 3D SUBSCRIPTION

LOCAL STOCK NUMBER: 26388

ELEMENTS IMAGE FUSION SUBSCRIPTION

LOCAL STOCK NUMBER: 26217

ELEMENTS DISTORTION CORRECTION CRANIAL SUBSCRIPTION

LOCAL STOCK NUMBER: 26220

ORIGIN DATA MANAGEMNET SUBSCRIPTION

Contract Period: Option 1 POP Begin: 09-01-2020 POP End: 08-31-2021

ELEMENTS STEREOTAXY SUBSCRIPTION

POP End: 08-31-2021

LOCAL STOCK NUMBER: 26347

ELEMENTS TRAJECTORY PLANNING CRANIAL SUBSCRIPTION

ELEMENTS VIEWER 3D SUBSCRIPTION

ELEMENTS IMAGE FUSION SUBSCRIPTION

ELEMENTS DISTORTION CORRECTION CRANIAL SUBSCRIPTION

ORIGIN DATA MANAGEMNET SUBSCRIPTION

Contract Period: Option 2 POP Begin: 09-01-2021 POP End: 08-31-2022

LOCAL STOCK NUMBER: 26201

ELEMENTS STEREOTAXY SUBSCRIPTION

ELEMENTS TRAJECTORY PLANNING CRANIAL SUBSCRIPTION

Contract Period: Option 2 POP Begin: 08-30-2021 POP End: 08-29-2022

ELEMENTS VIEWER 3D SUBSCRIPTION

ELEMENTS IMAGE FUSION SUBSCRIPTION

ELEMENTS DISTORTION CORRECTION CRANIAL SUBSCRIPTION

ORIGIN DATA MANAGEMNET SUBSCRIPTION

Contract Period: Option 3 POP Begin: 09-01-2022 POP End: 08-31-2023

ELEMENTS STEREOTAXY SUBSCRIPTION

ELEMENTS TRAJECTORY PLANNING CRANIAL SUBSCRIPTION

ELEMENTS VIEWER 3D SUBSCRIPTION

ELEMENTS IMAGE FUSION SUBSCRIPTION

ELEMENTS DISTORTION CORRECTION CRANIAL SUBSCRIPTION

Contract Period: Option 3 POP Begin: 09-01-2022

LOCAL STOCK NUMBER: 26220

ORIGIN DATA MANAGEMNET SUBSCRIPTION

Contract Period: Option 4 POP Begin: 09-01-2023 POP End: 08-31-2024

ELEMENTS STEREOTAXY SUBSCRIPTION

ELEMENTS TRAJECTORY PLANNING CRANIAL SUBSCRIPTION

ELEMENTS VIEWER 3D SUBSCRIPTION

ELEMENTS IMAGE FUSION SUBSCRIPTION

LOCAL STOCK NUMBER: 26217

ELEMENTS DISTORTION CORRECTION CRANIAL SUBSCRIPTION

GRAND TOTAL

B.3 DELIVERYSCHEDULE

ITEM NUMBER

QUANTITY

DELIVERYDATE

Statement of Need The Operating Room/Neuro Surgery Service at the Pittsburgh VA Healthcare System is requesting a Brain Lab Elekta Stereotaxy platform with accessories and a software subscription service with maintenance. This system is used to perform minimally invasive Brain surgery.

Stereotactic Neurosurgery is a minimally invasive way to perform Brain Surgery, treating specific regions of the brain while sparing surrounding tissue and implementing deep brain simulation to treat specific brain disorders. The Elekta Stereotactic system is the leading system. A contains a top of the line planning software that allows service to multiple specialties and combines stereotaxy, segmentation and fiber tracking. The Leksell Frame allows more of a visual space for the Surgeon to work without distorting the image.

Currently our Veterans are being fee-based out to the community for this procedure and then coming to the VA for their follow up care. It is imperative to have this equipment at the VA to better accommodate our veterans within the Pittsburgh VA.

PLATFORM

Planning Station (with display)

Elekta Leksell Stereotactic System (G Frame) Elekta Leksell Coordinate Frame G Kit with Insulated Posta and 40 titanium fixation screws

Elekta titanium fixation screw kit (20 pairs) Elekta MR indicator for Leksell G Frame Elekta attachment clip (4 pcs)

Elekta Interventional Elekta Injection and Aspiration Needle Kit 2 Elekta Salcman Twist Drill Kit 1 Elekta Disposable Biopsy Need Kits (set of6) Elekta Stop with 2.1 MMhole Elekta Stop with 2.5 MMhole

PLATFORM

Origin Data Management Subscription

Elements Subscription Elements Stereotaxy Subscription (Available Q1 2019) Elements Trajectory Planning Cranial Subscription Elements Viewer 3D Subscription Elements Image Fusion Subscription Elements Distortion Correction Cranial Subscription

SECTION C - CONTRACT CLAUSES

C.1 52.211-6 BRAND NAME OR EQUAL (AUG1999)

(a) If an item in this solicitation is identified as "brand name or equal," the purchasedescription reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that "equal" products must meet are specified in thesolicitation.

(b) To be considered for award, offers of "equal" products, including "equal" products ofthe brand name manufacturer,must—

(1) Meet the salient physical, functional, or performance characteristic specified inthis solicitation;

(2) Clearly identify the itemby—

(i) Brand name, if any;and

(ii) Make or modelnumber;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer;and

(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

(c) The Contracting Officer will evaluate "equal" products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in theoffer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an"equal" product, the offeror shall provide the brand name product referenced in thesolicitation.

(End of Provision)

FAR

Number

C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB1998)

This contract incorporates one or more clauses by reference, with the same force and effectas 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.htmlhttp://www.va.gov/oal/library/vaar/

(End of Clause)

C.3 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN2017)

(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-acceptancerights—

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

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

(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 thiscontract.

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

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

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

(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 remedysuch occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of suchoccurrence.

(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 theContractor;

(ii) Invoice date andnumber;

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

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

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

(vi) Terms of any discount for prompt paymentoffered;

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

(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 thiscontract.

(x) Electronic funds transfer (EFT) bankinginformation.

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

(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 requirementto pay byEFT.

(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 part1315.

(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 andproceedings.

(i) Payment.—

(1) Items accepted.Payment shall be made for items accepted by the Government thathave been delivered to the delivery destinations set forth in thiscontract.

(2) Prompt payment.The Government will make payment in accordance with thePrompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part1315.

(3) Electronic Funds Transfer (EFT).If the Government makes payment by EFT, see52.212- 5(b) for the appropriate EFTclause.

(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 thepayment check or the specified payment date if an electronic funds transfer payment ismade.

(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 financingor invoice payment, the Contractorshall—

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

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

(B) Affected contract number and delivery order number, ifapplicable;

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

(D) Contractor point ofcontact.

(ii) Provide a copy of the remittance and supporting documentation to theContracting 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 ispaid.

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

(iii) Final decisions.The Contracting Officer will issue a final decision as required by33.211 if—

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

(B) The Contractor fails to liquidate a debt previously demanded by the ContractingOfficer 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 demandedby the Contracting Officer (see32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand forpayment 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 followingdates:

(A) The date fixed under thiscontract.

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

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

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

(B) The date of issuance of a Government check to the Contractor from which anamount 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 debtwould otherwise have become payable to theContractor.

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

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

(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 andduties.

(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 chargesthe Contractor can demonstrate to the satisfaction of the Government using its standardrecord 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 forconvenience.

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

(o) Warranty.The Contractor warrants and implies that the items delivered hereunderare merchantable and fit for use for the particular purpose described in thiscontract.

(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 accepteditems.

(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 thiscontract.

(r) Compliance with laws unique to Government contracts.The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurementintegrity.

(s) Order of precedence.Any inconsistencies in this solicitation or contract shall be resolvedby giving precedence in the followingorder:

(1) The schedule ofsupplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliancewith Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at52.212-5.

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

(5) Solicitation provisions if this is asolicitation.

(6) Other paragraphs of thisclause.

(7) The Standard Form1449.

(8) Other documents, exhibits, andattachments

(9) Thespecification.

(t) System for Award Management(SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the dateof initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractualdocument.

(2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the"Suspension of payment" paragraph of the EFT clause of thiscontract.

(4) Offerors and Contractors may obtain information on registration and annualconfirmation requirements via SAM accessed throughhttps://www.acquisition.gov.

(u) UnauthorizedObligations.

(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 shallgovern:

(i) Any such clause is unenforceable against theGovernment.

(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 suchclause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similarlegal instrument oragreement.

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

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

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

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

C.4 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN2018)

(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 lawor Executive orders applicable to acquisitions of commercialitems:

(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 continuingresolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV2015). (3) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C.3553).

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

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

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

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

3509).

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

[] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved]

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

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

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

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

[] (10) [Reserved]

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

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

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

[] (ii) Alternate I (JAN 2011) of 52.219-4. [] (13) [Reserved]

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

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

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). [] (ii) Alternate I (Oct 1995) of 52.219-7.

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

[] (16) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2017) (15 U.S.C. 637(d)(4)). [] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9. [] (iv) Alternate III (NOV 2016) of 52.219-9. [] (v) Alternate IV (NOV 2016) of52.219-9.

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

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

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

637(d)(4)(F)(i)).

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

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

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

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

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

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

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

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

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

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

793).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

8259b).

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

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

[X] (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

[] (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

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

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

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

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

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

[] (ii) Alternate I (MAY 2014) of 52.225-3. [] (iii) Alternate II (MAY 2014) of 52.225-3. [] (iv) Alternate III (MAY 2014) of52.225-3.

[] (48) 52.225–5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

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

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

5150).

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

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

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

[X] (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

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

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

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

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

637(d)(12)).

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

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

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

[] (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).

[] (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

[] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41U.S.C. chapter67).

[] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[] (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

[] (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). [] (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

[] (11) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, isin excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit andRecords—Negotiation.

(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 thiscontract.

(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 Subpart 4.7, Contractor Records Retention, of the 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 disputesclause 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 finallyresolved.

(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 does not require the Contractor to create or maintain any record that the Contractor does not maintain in theordinary course of business or pursuant to a provision oflaw.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

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

(ii) 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 continuingresolutions)).

(iii) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2)and (3)), in all subcontracts that offer further subcontractingopportunities.

(iv) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flowdown required in accordance with paragraph (l) of FAR clause52.222-17.

(v) 52.222-21, Prohibition of Segregated Facilities (APR2015).

(vi) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

(vii) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C.4212).

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C.793).

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

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act(DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FARclause 52.222-40.

(xi) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67). (xii)(A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78and E.O. 13627).

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

(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements(MAY 2014) (41 U.S.C. chapter67).

(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter67).

(xv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E. O.12989).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC2015).

(xvii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (xviii)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C.552a).

(B) Alternate I (JAN 2017) of 52.224-3.

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

(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014)(42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

C.5 52.217-5 EVALUATION OF OPTIONS (JUL1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of Provision)

C.6 52.217-8 OPTION TO EXTEND SERVICES (NOV1999)

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.