36C24424Q0392_2.docx

SUBJECT*

Audiology - Preventative Maintenance (PM)/calibration and Repair- Altoona VAMC

GENERAL INFORMATION

Network Contracting Office 4 Lebanon VA Medical Center 1700 S. Lincoln Ave.

Lebanon, PA 17042

POINT OF CONTACT*

Arlene Albrite arlene.albrite@va.gov n/a

PLACE OF PERFORMANCE

Altoona VAMC and its five CBOCs

2907 Pleasant Valley Blvd

Altoona PA

COUNTRY

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 in conjunction with Part 13 of Federal Acquisition Regulation (FAR), as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This Solicitation is issued as a Request for Quote (RFQ), and the solicitation number is 36C24424Q0392.

This notice incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2024-03 effective 23 February 2024, and the Veterans Affairs Acquisition Regulations (VAAR). The complete text of any of the clauses and provisions may be accessed in full text at FAR | Acquisition.GOV.

This Solicitation is being competed as a small business set-aside. The NAICS Code for this procurement is 811210 (Electronic and Precision Equipment Repair and Maintenance) with a small business size standard of $34 Million. The Product Service Code (PSC) is J065 (Maintenance, Repair, and Rebuilding of Equipment-Medical, Dental, and Veterinary Equipment and Supplies).

The Altoona VAMC and its five CBOCs needs post-warranty service contract on audiology testing devices and booths located at the Altoona VAMC as well as the Johnstown, DuBois, Huntingdon, Indiana, and State College Community Based Outpatient Clinics (CBOC). The contract is to include repairs, when authorized, and regularly scheduled Preventative Maintenance (PM)/calibration at intervals dictated by the original equipment manufacturer (OEM) or American National Standards Institute (ANSI S3.6-1996 et seq), whichever is more stringent. The Statement of Work (SOW) is provided.

Complete instructions for submitting a response to this solicitation and applicable provisions and clauses are found in “36C24424Q0392.” All offerors are advised to pay careful attention to the quote submission instructions as there are very specific instructions as what is required to be provided.

The period of performance (POP) is estimated to be 05/01/2024 – 04/30/2025, with four one-year option periods. Should issuance of the purchase order occur on a different date, the performance period will be adjusted accordingly.

Any award resulting from this solicitation will be issued on a Standard Form 1449.

NOTE: To receive an award resulting from this solicitation, offerors MUST be registered in the System for Award Management (SAM) database. Registration may be done online at: www.sam.gov.

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 36C244 Department of Veterans Affairs Network Contracting Office 4

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:

Audiology Equipment Preventative Maintenance & Repair (PM&R)

Statement of Work (SOW)

A. BACKGROUND:

The James E. Van Zandt VA Medical Center (hereafter referred to as “JEVZ VAMC”, “Altoona VAMC” or “the Government”) has a requirement for a post-warranty service contract on audiology testing devices and booths located at the Altoona VAMC as well as the Johnstown, DuBois, Huntingdon, Indiana, and State College Community Based Outpatient Clinics (CBOC). The contract is to include repairs, when authorized, and regularly scheduled Preventative Maintenance (PM)/calibration at intervals dictated by the original equipment manufacturer (OEM) or American National Standards Institute (ANSI S3.6-1996 et seq), whichever is more stringent. The PM/calibration shall be documented and completed in the month scheduled according to the Clinical Asset Management Application.

B. PERFORMANCE PERIOD|OBJECTIVE:

The Government intends to award a single, firm fixed price, Base + 4 Option Year contract for the services described in this work statement and will begin from the date of award.

C. HOURS OF OPERATION:

The Contractor is not required to provide services on Federal holidays or during non-working hours after 4:30 p.m. except in case of an emergency.

D. PLACE OF PERFORMANCE:

The audiology equipment is located at the main building of the JEVZ VAMC Facility as well as its five (5) Community Based Outpatient Centers (CBOCs):

Altoona VAMC main site James E. Van Zandt VA Medical Center 2907 Pleasant Valley Blvd Altoona, PA 16602-4305 Johnstown VA Clinic 598 Galleria Drive Johnstown, PA 15904-8900 State College VA Clinic 2581 Clyde Avenue State College, PA 16801-7508 DuBois VA Clinic 5690 Shaffer Road DuBois, PA 15801-3870

Indiana County VA Clinic 1570 Oakland Avenue Regency Mall Suite 100 Indiana, PA 15701-2429 Huntingdon County VA Clinic 13903 William Penn Highway Mapleton Depot, PA 17052-9649

E. DESCRIPTION OF SERVICES:

Includes original equipment manufacturer (OEM) parts, on site-labor/repair, PM/calibration, and all other safety inspections prescribed by both the manufacturers’ specifications and the latest versions of any and all recommendations afterwards outlined by the OEM for the equipment listed below, including all replacements, accessory equipment, and control consoles. The Contractor shall consider day-to-day operations of patient care when completing scheduling in advance for maintenance.

Tasks

· Service calls for repairs require facility product screening and must be acknowledged and repaired within the first 48 hours during normal business hours.

· Coordination and scheduling activities shall be initiated at least two weeks prior to the beginning of the month in which the equipment is due.

· Performance of preventative maintenance shall be completed before end of month in the month due, and reports submitted to VAMC Biomedical Engineering staff (vhaaltbiomed@va.gov) and Audiology Supervisors.

· Any modifications/alterations to equipment, software, firmware will be consulted with and approved by VAMC Biomedical Engineering staff (vhaaltbiomed@va.gov) and Audiology Supervisors.

· New Preventative Maintenance stickers will be affixed to devices and old ones removed to include residue. VA provided PM sticker is preferable, vendor sticker acceptable.

Pennsylvania VISN 4 Sites:

The equipment is attached for each respective site:

Altoona

DuBois

Huntingdon

Indiana

Johnstown

State College

F. QUALIFICATIONS:

Contractor shall possess OEM certification/training and shall present documentation upon request.

G. PERFORMANCE DELIVERABLES: CONTRACTOR STAFF ROLES AND RESPONSIBILITIES:

Perform PM/calibration of all audiometric equipment described herein in accordance with the most current OEM specifications. Electronic documents reflecting the full set of parameters checked per manufacturer’s specifications, results, and recommendations must be delivered within a week of PM to the Altoona VAMC Biomedical Engineering staff (vhaaltbiomed@va.gov) and Audiology Supervisors. If any pm/calibration fails, contact VAMC Biomedical Engineering staff via email (vhaaltbiomed@va.gov) and/or phone call on the same day found to discuss course of action within the guidelines of the contract. If not able to be fixed on-site immediately, Contractor is to provide a plan, any necessary quote, and schedule the repairs within one-week of notification. Services not covered under contract, will not be conducted until such a time that a government-officiated purchase order is (if at all) issued for repairs, parts, or any additional work.

Specialists will have documented certification and authorization that is up to date from the manufacturer to support software regarding all latest instructions for use (IFU).

The Contractor will have documented certification and authorization that is up to date from the OEM(s) to perform PM on the relevant equipment listed above.

Contractor will perform all steps required for regular maintenance at the mandated intervals, per manufacturer’s specifications, using the proper and fully calibrated equipment that OEM specifies.

Contractor will receive VA-issue PM labels that will be filled out completely and legibly and affixed to a visible surface of the device and components checked, next to the equipment entry (EE) barcode label that identifies tracking on the devices when the Contractor does not have their own comprehensive labeling (company, initials, date completed, and next date due). Non-valid stickers must be removed along with all residues for a clean and infection control measure.

Contractor will ensure that VA Biomedical Engineering personnel are informed of proceedings and results of PM/support or any other contract-authorized work before considering case completed for closure and leaving premises.

H. DELIVERABLES AND ACCEPTANCE CRITERIA:

Reports/Deliverables: The Contractor shall be responsible for complying with all reporting requirements established by the IDIQ. Contractor shall be responsible for assuring the accuracy and completeness of all reports and other documents as well as the timely submission of each. Contractor shall comply with the contract requirements regarding the appropriate reporting formats, instructions, submission timetables, and technical assistance as required.

Contractor must deliver reports that are according to OEM specs within one (1) week from services rendered date.

Contractor must coordinate schedule in advance with a minimum of two (2) weeks prior to the first of the month of which equipment service is due.

Contractor shall schedule work completion timely.

Contractor shall have open communication with Biomed, Audiology, and the point-of contact.

Start and end status of services rendered shall be reported.

I. Security Considerations:

1. The Certification and Accreditation (authorization) (C&A) requirements do not apply. A Security Accreditation Package is not required.

2. A compliant ID badge must be worn by contractors always while on VA premises.

The Contractor is required to comply with physical security guidelines by checking in with VA Police when on-site to perform contracted services and obtaining a VA Contractor ID Badge.

The VA badge shall be plainly visible by VA staff and must be worn above the waist, facing forward. Upon leaving the facility, the Contractor shall return the access badge to the VA police and sign out of the facility.

3. Contractor may not have access to the VA network or any VA sensitive information under this contract.

4. Contractor must always be escorted by an authorized employee while performing work in sensitive OIT areas.

5. All contractors must receive Privacy training post award and prior to the initial on-site visit and annually thereafter by completing: VA Privacy Training for Personnel without Access to VA Computer Systems or Direct Access.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

PM Service Contract for Audiology Equipment: Altoona VAMC per SOW and Equipment Listing.

Contract Period: Base POP Begin: 05-01-2024 POP End: 04-30-2025 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

PM Service Contract for Audiology Equipment: Johnstown VA Clinic per SOW and Equipment Listing.

POP Begin: 05-01-2024 POP End: 04-30-2025

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

PM Service Contract for Audiology Equipment: State College VA Clinic per SOW and Equipment Listing.

POP Begin: 05-01-2024 POP End: 04-30-2025

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

PM Service Contract for Audiology Equipment: DuBois VA Clinic per SOW and Equipment Listing.

POP Begin: 05-01-2024 POP End: 04-30-2025

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

PM Service Contract for Audiology Equipment: Indiana County VA Clinic per SOW and Equipment Listing.

POP Begin: 05-01-2024 POP End: 04-30-2025

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

PM Service Contract for Audiology Equipment: Huntingdon County VA Clinic per SOW and Equipment Listing.

POP Begin: 05-01-2024 POP End: 04-30-2025

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

PM Service Contract for Audiology Equipment: Altoona VAMC per SOW and Equipment Listing.

Contract Period: Option 1 POP Begin: 05-01-2025 POP End: 04-30-2026

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

PM Service Contract for Audiology Equipment: Johnstown VA Clinic per SOW and Equipment Listing.

POP Begin: 05-01-2025 POP End: 04-30-2026

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

PM Service Contract for Audiology Equipment: State College VA Clinic per SOW and Equipment Listing.

POP Begin: 05-01-2025 POP End: 04-30-2026

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

PM Service Contract for Audiology Equipment: DuBois VA Clinic per SOW and Equipment Listing.

POP Begin: 05-01-2025 POP End: 04-30-2026

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

PM Service Contract for Audiology Equipment: Indiana County VA Clinic per SOW and Equipment Listing.

POP Begin: 05-01-2025 POP End: 04-30-2026

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

PM Service Contract for Audiology Equipment: Huntingdon County VA Clinic per SOW and Equipment Listing.

POP Begin: 05-01-2025 POP End: 04-30-2026

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

PM Service Contract for Audiology Equipment: Altoona VAMC per SOW and Equipment Listing.

Contract Period: Option 2 POP Begin: 05-01-2026 POP End: 04-30-2027

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

PM Service Contract for Audiology Equipment: Johnstown VA Clinic per SOW and Equipment Listing.

POP Begin: 05-01-2026 POP End: 04-30-2027

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

PM Service Contract for Audiology Equipment: State College VA Clinic per SOW and Equipment Listing.

POP Begin: 05-01-2026 POP End: 04-30-2027

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

PM Service Contract for Audiology Equipment: DuBois VA Clinic per SOW and Equipment Listing.

POP Begin: 05-01-2026 POP End: 04-30-2027

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

PM Service Contract for Audiology Equipment: Indiana County VA Clinic per SOW and Equipment Listing.

POP Begin: 05-01-2026 POP End: 04-30-2027

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

PM Service Contract for Audiology Equipment: Huntingdon County VA Clinic per SOW and Equipment Listing.

POP Begin: 05-01-2026 POP End: 04-30-2027

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

PM Service Contract for Audiology Equipment: Altoona VAMC per SOW and Equipment Listing.

Contract Period: Option 3 POP Begin: 05-01-2027 POP End: 04-30-2028

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

PM Service Contract for Audiology Equipment: Johnstown VA Clinic per SOW and Equipment Listing.

POP Begin: 05-01-2027 POP End: 04-30-2028

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

PM Service Contract for Audiology Equipment: State College VA Clinic per SOW and Equipment Listing.

POP Begin: 05-01-2027 POP End: 04-30-2028

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

PM Service Contract for Audiology Equipment: DuBois VA Clinic per SOW and Equipment Listing.

POP Begin: 05-01-2027 POP End: 04-30-2028

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

PM Service Contract for Audiology Equipment: Indiana County VA Clinic per SOW and Equipment Listing.

POP Begin: 05-01-2027 POP End: 04-30-2028

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

PM Service Contract for Audiology Equipment: Huntingdon County VA Clinic per SOW and Equipment Listing.

POP Begin: 05-01-2027 POP End: 04-30-2028

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

PM Service Contract for Audiology Equipment: Altoona VAMC per SOW and Equipment Listing.

Contract Period: Option 4 POP Begin: 05-01-2028 POP End: 04-30-2029

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

PM Service Contract for Audiology Equipment: Johnstown VA Clinic per SOW and Equipment Listing.

POP Begin: 05-01-2028 POP End: 04-30-2029

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

PM Service Contract for Audiology Equipment: State College VA Clinic per SOW and Equipment Listing.

POP Begin: 05-01-2028 POP End: 04-30-2029

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

PM Service Contract for Audiology Equipment: DuBois VA Clinic per SOW and Equipment Listing.

POP Begin: 05-01-2028 POP End: 04-30-2029

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

PM Service Contract for Audiology Equipment: Indiana County VA Clinic per SOW and Equipment Listing.

POP Begin: 05-01-2028 POP End: 04-30-2029

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

PM Service Contract for Audiology Equipment: Huntingdon County VA Clinic per SOW and Equipment Listing.

POP Begin: 05-01-2028 POP End: 04-30-2029

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

GRAND TOTAL

B.3 DELIVERY SCHEDULE

Altoona VAMC 2907 Pleasant Valley Blvd.

Altoona, PA 16602 4305

USA

814-943-8164x17249 Melissa.Flick@va.gov

598 Galleria Drive Johnstown, PA 15904 8900

USA

814-943-8164x17250

2581 Clyde Avenue State College, PA 16801 7508

USA

814-943-8164x17251

5690 Shaffer Road DuBois, PA 15801 3870

USA

814-943-8164x17252

1570 Oakland Avenue Regency Mall, Suite 100 Indiana, PA 15701 2429

USA

814-943-8164x17253

13903 William Penn Highway Mapleton Depot, PA 17052 9649

USA

814-943-8164x17254

Altoona VAMC 2907 Pleasant Valley Blvd.

Altoona, PA 16602 4305

USA

598 Galleria Drive Johnstown, PA 15904 8900

USA

2581 Clyde Avenue State College, PA 16801 7508

USA

5690 Shaffer Road DuBois, PA 15801 3870

USA

1570 Oakland Avenue Regency Mall, Suite 100 Indiana, PA 15701 2429

USA

13903 William Penn Highway Mapleton Depot, PA 17052 9649

USA

Altoona VAMC 2907 Pleasant Valley Blvd.

Altoona, PA 16602 4305

USA

598 Galleria Drive Johnstown, PA 15904 8900

USA

2581 Clyde Avenue State College, PA 16801 7508

USA

5690 Shaffer Road DuBois, PA 15801 3870

USA

1570 Oakland Avenue Regency Mall, Suite 100 Indiana, PA 15701 2429

USA

13903 William Penn Highway Mapleton Depot, PA 17052 9649

USA

Altoona VAMC 2907 Pleasant Valley Blvd.

Altoona, PA 16602 4305

USA

598 Galleria Drive Johnstown, PA 15904 8900

USA

2581 Clyde Avenue State College, PA 16801 7508

USA

5690 Shaffer Road DuBois, PA 15801 3870

USA

1570 Oakland Avenue Regency Mall, Suite 100 Indiana, PA 15701 2429

USA

13903 William Penn Highway Mapleton Depot, PA 17052 9649

USA

Altoona VAMC 2907 Pleasant Valley Blvd.

Altoona, PA 16602 4305

USA

598 Galleria Drive Johnstown, PA 15904 8900

USA

2581 Clyde Avenue State College, PA 16801 7508

USA

5690 Shaffer Road DuBois, PA 15801 3870

USA

1570 Oakland Avenue Regency Mall, Suite 100 Indiana, PA 15701 2429

USA

13903 William Penn Highway Mapleton Depot, PA 17052 9649

USA

36C24424Q0392

SECTION C - CONTRACT CLAUSES

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

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

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

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

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

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

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

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

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

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

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

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

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

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 30; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause)

C.4 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

C.5 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

(a) The Contractor shall conform to the standards established by: as to .

(b) The Contractor shall submit proof of conformance to the standard. This proof may be a label or seal affixed to the equipment or supplies, warranting that the item(s) have been tested in accordance with the standards and meet the contract requirement. Proof may also be furnished by the organization listed above certifying that the item(s) furnished have been tested in accordance with and conform to the specified standards.

(c) Offerors may obtain the standards cited in this provision by submitting a request, including the solicitation number, title and number of the publication to:

(d) The offeror shall contact the Contracting Officer if response is not received within two weeks of the request.

(End of Clause)

C.6 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023)

(a) No used, refurbished, or remanufactured supplies or equipment/parts shall be provided. This procurement is for new Original Equipment Manufacturer (OEM) items only. No gray market items shall be provided. Gray market items are OEM goods intentionally or unintentionally sold outside an authorized sales territory or sold by non-authorized dealers in an authorized sales territory.

(b) No counterfeit supplies or equipment/ parts shall be provided. Counterfeit items include unlawful or unauthorized reproductions, substitutions, or alterations that have been mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified item from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitutions include used items represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics.

(c) Vendor shall be an OEM, authorized dealer, authorized distributor, or authorized reseller for the proposed equipment/system, verified by an authorization letter or other documents from the OEM. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions.

(End of Clause) C.7 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (JAN 2023) (DEVIATION)

(a) In an effort to achieve socioeconomic small business goals, VA shall evaluate offerors based on their service-disabled veteran-owned or veteran-owned small business certification status and their proposed use of eligible certified service-disabled veteran-owned small businesses (SDVOSBs) and certified veteran-owned small businesses (VOSBs) as subcontractors.

(b) Eligible and certified service-disabled veteran-owned small businesses offerors will receive full credit, and offerors qualifying as veteran-owned small businesses will receive partial credit for the certified Service-Disabled Veteran-Owned and Veteran-Owned Small Business Status evaluation factor. To receive credit, an offeror must be listed at the time of submission of offers and at time of award, as a certified SDVOSB/VOSB in the SBA certification database on the SBA Veteran Small Business Certification Program portal at https://veterans.certify.sba.gov/ (see 13 CFR 128) and be otherwise eligible in accordance with SBA size standards for the acquisition and limitations on subcontracting requirements set forth in SBA regulations (see 13 CFR 121, 125 and 128.).

(c) Non-Veteran offerors proposing to use certified SDVOSBs or VOSBs as subcontractors will receive some consideration under this evaluation factor. Offerors must state in their proposals the names of the certified SDVOSBs and VOSBs with whom they intend to subcontract and provide a brief description of the proposed subcontracts and the approximate dollar values of the proposed subcontracts. In addition, the proposed subcontractors must be listed at the time of submission of offers and at time of award, as a certified SDVOSB/VOSB in the SBA certification database.

(d) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

(End of Clause)

C.8 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)

(a) The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses (SDVOSBs) or veteran-owned small businesses (VOSBs) proposed as subcontractors in accordance with 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, or to substitute one or more SDVOSBs or VOSBs for subcontract work of the same or similar value.

(b) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

(End of Clause)

C.9 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the Contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the Contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A Contractor must ensure that the data…