36C24424Q0845.docx

36C24424Q0845

GENERAL INFORMATION

Network Contracting Office 4

1010 Delafield Road Pittsburg, PA 15215

POINT OF CONTACT*

Contract Specialist Jeff Mann jefferson.mann@va.gov 717-202-5456

PLACE OF PERFORMANCE

1700 S Lincoln Ave

Lebanon PA

ADDITIONAL INFORMATION

EMAIL DESCRIPTION

DESCRIPTION

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

General Information

Contracting Office Address 1010 Delafield Rd, Pittsburgh PA 15215

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 36C24424Q0845.

This notice incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2024-05 effective 05/22/2024, 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 100% SDVOSB. The NAICS Code is 541519-Other Computer Related Services and the Product Service Code (PSC) is 7E20 – It And Telecom - End User: Help Desk;Tier 1-2,Workspace,Print,Output,Productivity Tools (Hw/Perp Sw), and the business size standard is $34 Million.

The Pittsburgh, PA Contracting Office is seeking for AV System Maintenance – Lebanon VAMC. The Statement of Work (SOW) is provided.

Service Contract Act Wage Determination No. 2015-4231 Rev 24 Dated 05/16/24, applies to this acquisition and will be incorporated into the resulting contract. A copy of the Wage Determination is included with this solicitation as an attachment.

Complete instructions for submitting a response to this solicitation and applicable provisions and clauses are found in “36C24424Q0845.” 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 09/01/2024 – 08/31/2025 and four one-year options through 08/31/2029.

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.acquisition.gov or www.sam.gov.

Contractors are advised that any and all questions concerning this solicitation must be sent in writing via email to Jeff Mann at Jefferson.mann@va.gov. No questions will be answered after 07/23/2024 at 12:00pm ET.

Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the contract specialist, Jeff Mann at Jefferson.mann@va.gov

Point of Contact Jeff Mann Contract Specialist Services 3 (Medical Equipment Maintenance Services) Department of Veterans Affairs | Service Area Office East | Network Contracting Office 4 1700 S Lincoln Ave, Lebanon, PA 17042 Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice Jefferson.mann@va.gov

Combined Synopsis/Solicitation Notice

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

1010 Delafield Rd Pittsburgh PA 15215

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:

DEPARTMENT OF VETERANS AFFAIRS

Lebanon VA Medical Center (LVAMC) Statement of Work

General Information

Title: Audio Visual Equipment Preventative Maintenance

Scope of Work: The Lebanon Veteran Affairs Medical Center (VAMC), Lebanon, PA, has a requirement for preventative maintenance (PM) for Audio Visual (AV) equipment that is located in the Auditorium and Education department at Lebanon VAMC. The contractor must provide all personnel, equipment, tools, materials, supervisions, and non-personal services necessary to provide routine maintenance and technical support for the AV equipment system and all its components.

General Requirements Contract Type: Firm-fixed price Place of Performance: Lebanon VA Medical Center, 1700 S. Lincoln Avenue, Lebanon, PA 17042 Period of Performance: A twelve (12) month base period with four (4) twelve (12) month option years is required for PM and technical support for the AV equipment and will begin upon contract award.

Performance Requirements: The contractor must provide the following service, maintenance, and technical support as part of this contract:

A. Upgrades as directed from the original equipment manufacturer (OEM).

B. Maintain in optimum performance all AV equipment and its components annotated in Appendix A of this Statement of Work (SOW).

a. AV equipment located in the training rooms must operate at optimum performance when connected to Government provided computer.

C. Provide maintenance and support for existing audio, video, videoconferencing, and integrated media systems.

D. Technical support must be completed by an experienced AV Engineer.

a. Unlimited telephone support must be available from 7:00 a.m. to 4:30 p.m. Eastern Time (ET). If the Lebanon VAMC point of contact (POC) is unable to get a hold of the contractor via telephone, the POC will leave a voicemail and the contractor must respond to the voicemail within 24 hours.

b. On-site technical support must be accomplished within 48 hours upon request during normal business hours.

c. If required, work shall not take place on Federal holidays or weekends unless directed by the Contracting Officer (CO).

E. The contractor must maintain an adequate workforce for the uninterrupted performance of all tasks defined within this SOW except when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

Preventive Maintenance: Contractor must include the following as part of routine preventative maintenance:

A. Cleaning, adjusting, aligning, and checking all functions of each component within the system. The operation of the system as a whole will be verified. This includes any adjustments necessary.

a. Annual support agreement must include, at a minimum four (4) quarterly onsite visits to conduct PM.

i. All labor, travel, equipment, materials, supervision, documentation, connectors, hardware, and necessary items needed to complete the PM will not be at an additional cost to the government.

b. Test all routing signals for AV equipment.

c. Monitor lamp hours and complete lamp changes if not operational at no additional cost to the government.

d. If equipment must be uninstalled and sent out for repair, the Contractor shall provide viable options for continued use of the room in the absence of the item(s) out for repair.

e. The Contractor shall provide recommendations for repair and/or replacement in the form of written quotes for any malfunctioning equipment, cables, or system modifications.

B. All equipment and systems must be operational at the completion of the PM. The PMs will be performed during normal business hours, except as may otherwise be agreed upon by the Lebanon VAMC POC.

a. Provide maintenance renewals and any re-certifications needed on existing equipment.

C. The contractor must provide a PM report for each site documenting all services performed, the status or health of each component, and any recommendations for replacement or additional maintenance. A copy of the complete written report must be submitted via electronic mail to the POC within thirty (30) calendar days after accomplishing the full inspection.

D. All equipment covered under the OEM’s warranty period, will be repaired, or replaced by the contractor. The contractor will remove, ship, test, and re-install equipment in need of repair under the manufacturer’s warranty.

Warranty: All equipment and materials shall come with a standard one-year warranty. Warranty shall begin after installation of equipment and acceptance by the POC.

Technical Requirements Contractor personnel must be experienced AV Engineers, having properly trained and certified for:

A. InfoComm International® ANSI Accredited Certifications under ISO/IEC 17024 B. Certification must include the CTS, CTS-I and CTS-D.

C. Contractor must be certified by the Crestron Technical Institute (CTI) Audiovisual Engineer or an equivalent certifying organization as Certified Technicians for Crestron products.

D. Contractor must provide an AV Engineer with technical training and demonstrable track records of working experience in maintenance, inspection, and testing of the brand-named Creston Audio/ Visual Systems, Cisco TelePresence SX80 Codec, and related components.

a. The AV Engineer experience shall include, but not be limited to, mixers, projector, processors, Video Collaboration Room devices, Integration of Crestron products and technologies using Cresnet, infiNET EX ®, ethernet, and Crestron Toolbox.

Contractor Responsibilities Contractor must cover all cost for labor and parts to inspect, test, maintain, and repair AV equipment.

Contractor must cover all travel and lodging expenses to accomplish all the requirements stated in this SOW at no cost additional cost to the government.

Contractor is responsible for ensuring the proper disposal of any waste generated from performance requirements. Waste must be removed from facility grounds and not disposed of in government-owned waste bins or dumpsters.

Contractor is responsible for securing all materials, equipment, and tools while on government property or in government facility. Government is not liable for any lost or stolen items that are not properly secured.

Government Responsibilities The Government will provide site access and escorts through hospital units as needed.

The Government will provide adequate space to complete performance requirements.

The Government will provide the contractor with contact information and the necessary authorization to coordinate connectivity issues with applicable U.S. Government POC's.

Other Considerations:

Vendor/VAMC POC Meeting: The contractor point of contact (POC) shall contact the Lebanon VAMC POC within 5 business days of contract award to coordinate contract performance before commencing work.

Point of Contact (POC): The POC will be identified upon contract award. The POC is responsible, as applicable, for: receiving all deliverables, inspecting, and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing clarification to the contractor, fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

The POC does not have the authority to alter the contractor's obligation under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions, it is desirable to alter/change contractual obligations or the Scope of Work, the CO shall issue such changes.

Work Hours: Standard Operational Hours are 8:00 a.m. and 4:30 p.m, Monday through Friday, excluding federal holidays and weekends.

A. Federal holidays are: New Year’s Day, Martin Luther King Jr. Day, President’s Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day.

Delivery: If applicable, all deliveries shall be coordinated with the Lebanon VAMC POC 72 hours prior to arrival. Failure to coordinate delivery will be grounds to refuse delivery. Equipment is to be delivered to the Lebanon VA Medical Center, Attn: Warehouse, 1700 S. Lincoln Avenue, Lebanon, PA 17042 during warehouse business hours.

A. Lebanon VAMC warehouse business hours are Monday – Friday, 7:00am – 11:30am and 12:30pm – 3:00pm.

B. Note: The Warehouse Supervisor and POC have no authority to change the terms and conditions of the awarded contract.

Appendix A The below is a list of AV equipment and location that must be part of the PM schedule.

Auditorium, Building 1:

A. 2 (EA) Christies DWU599-GS B. 2 (EA) Cisco CTS-CAM-P60 C. 1 (EA) Cisco CTS-SX80-IP60-K9 D. 1 (EA) Contemporary Research 232-ATSC 4 E. 1 (EA) Crestron DMPS3-300-C F. 1 (EA) Crestron DM-TX-201-C G. 1 (EA) Crestron TST-902 H. 1 (EA) Crestron HD-DA2-4KZ-E

I. 1 (EA) QSC SPA2-60

J. 12 (EA) QSC AC-C6T

K. 2 (EA) Shure SLX124/85/SM58 L. 2 (EA) Sound Control M. 1 (EA) QSC CORE 110f N. 1 (EA) Sony BDP-S1700 O. 1 (EA) Middle Atlantic UPS-1000R P. 1 (EA) TP-Link TL-SG1008PE Q. 2 (EA) Da-Lite 37602LSR R. 1 (EA) Middle Atlantic ERK-1825 S. 1 (EA) Middle Atlantic PD-915R T. 2 (EA) Extron 60-1471-12 U. 1 (EA) Extron 60-1471-13 V. 1 (EA) Vaddio 999-8210-000 W. 2 (EA) Key Digital KD-DA1x2DC X. 1 (EA) Key Digital KD-XPS22U Multi-Purpose Room 220:

A. 2 (EA) Samsung-65” Class LED-NU8000 Series 2160p-Smart-4KUHD TV with HDR B. 4 (EA) Episode 800 Commercial Series 70-Volt In-Ceiling Speaker with Tile Bridge & 6” Woofer C. 2 (EA) SenseTM Ceiling Condenser Microphone- White D. 1 (EA) CrestronTSW 1060-B-S10 1in. TouchScreen, BlackSmooth E. 1 (EA) CrestronTSW 1060-TTK-B-S Tabletop Kit For TSS-10 and TSW-1060, BlackSmooth F. 1 (EA) Crestron DSP G. 1 (EA) CrestronAMP-1200-70 Single Channel H. 1 (EA) CISCO CS-KITP60-K9 Spark Room Video Conferencing Kit I. 1 (EA) LX Desk Monitor Arm, Tall Pole J. 1 (EA) Williams Sounds Large-Area Induction Loop System with Network Control- DL210 SYS 2 2.0 K. All required Interconnects, Terminations, Wire Management and Rack Finishing Materials

Multi-Purpose Room 223:

A. 2 (EA) Samsung-65” Class LED-NU8000 Series 2160p-Smart-4KUHD TV with HDR B. 4 (EA) Episode 800 Commercial Series 70-Volt In-Ceiling Speaker with Tile Bridge & 6” Woofer C. 2 (EA) SenseTM Ceiling Condenser Microphone- White D. 1 (EA) CrestronTSW 1060-B-S10 1in. TouchScreen, BlackSmooth E. 1 (EA) CrestronTSW 1060-TTK-B-S Tabletop Kit For TSS-10 and TSW-1060, BlackSmooth F. 1 (EA) Crestron DSP G. 1 (EA) CrestronAMP-1200-70 Single Channel H. 1 (EA) CISCO CS-KITP60-K9 Spark Room Video Conferencing Kit I. 1 (EA) LX Desk Monitor Arm, Tall Pole J. 1 (EA) Williams Sounds Large-Area Induction Loop System with Network Control- DL210 SYS 2 2.0 K. All required Interconnects, Terminations, Wire Management and Rack Finishing Materials

Training Room A:

A. 2 (EA) Samsung-65” Class LED-NU8000 Series 2160p-Smart-4KUHD TV with HDR B. 1 (EA) BenQ LH770 Laser 1080p 5,000 Lumen Projector C. 1 (EA) DrangonFlyTM Motorized Tab Tension 16:9 High Contrast Projection Screen- 130” Screen Size D. 1 (EA) StrongTM Universal Fine Adjust Projector Mount|50 lbs. Weight Capacity- Black E. 2 (EA) StrongTM Premium Mount|Tilt-47-90” Displays F. 1 (EA) StrongTM Suspended Ceiling tile Adapter Plate-White G. 1 (EA) StrongTM Universal Fit Adjustable Extension Pole-9-12”-White H. 6 (EA) Episode 800 Commercial Series 70-Volt In-Ceiling Speaker with Tile Bridge & 6” Woofer I. 4 (EA) SenseTM Ceiling Condenser Microphone-White J. 1 (EA) CrestronTSW 1060-B-S10 1in. TouchScreen, BlackSmooth K. 1 (EA) CrestronTSW 1060-TTK-B-S Tabletop Kit For TSS-10 and TSW-1060, BlackSmooth L. 1 (EA) Crestron DSP M. 1 (EA) CrestronAMP-1200-70 Single Channel N. 1 (EA) CISCO CS-KITP60-K9 Spark Room Video Conferencing Kit O. 1 (EA) LX Desk Monitor Arm, Tall Pole P. 1 (EA) Williams Sounds Large-Area Induction Loop System with Network Control- DL210 SYS 2 2.0 Q. All required Interconnects, Terminations, Wire Management and Rack Finishing Materials

Training Room B:

A. 2 (EA) Samsung-65” Class LED-NU8000 Series 2160p-Smart-4KUHD TV with HDR B. 1 (EA) BenQ LH770 Laser 1080p 5,000 Lumen Projector C. 1 (EA) DrangonFlyTM Motorized Tab Tension 16:9 High Contrast Projection Screen- 130” Screen Size D. 1 (EA) StrongTM Universal Fine Adjust Projector Mount|50 lbs. Weight Capacity- Black E. 2 (EA) StrongTM Premium Mount|Tilt-47-90” Displays F. 1 (EA) StrongTM Suspended Ceiling tile Adapter Plate-White G. 1 (EA) StrongTM Universal Fit Adjustable Extension Pole-9-12”-White H. 9 (EA) Episode 800 Commercial Series 70-Volt In-Ceiling Speaker with Tile Bridge & 6” Woofer I. 7 (EA) SenseTM Ceiling Condenser Microphone-White J. 1 (EA) CrestronTSW 1060-B-S10 1in. TouchScreen, BlackSmooth K. 1 (EA) CrestronTSW 1060-TTK-B-S Tabletop Kit For TSS-10 and TSW-1060, BlackSmooth L. 1 (EA) Crestron DSP M. 1 (EA) CrestronAMP-1200-70 Single Channel N. 1 (EA) CISCO CS-KITP60-K9 Spark Room Video Conferencing Kit O. 1 (EA) LX Desk Monitor Arm, Tall Pole P. 1 (EA) Williams Sounds Large-Area Induction Loop System with Network Control- DL210 SYS 2 2.0 Q. All required Interconnects, Terminations, Wire Management and Rack Finishing Materials

Computer Room:

A. 2 (EA) Samsung-65” Class LED-NU8000 Series 2160p-Smart-4KUHD TV with HDR B. 1 (EA) BenQ LH770 Laser 1080p 5,000 Lumen Projector C. 1 (EA) StrongTM Universal Fine Adjust Projector Mount|50 lbs. Weight Capacity- Black D. 2 (EA) StrongTM Premium Mount|Tilt-47-90” Displays E. 1 (EA) DrangonFlyTM Motorized Tab Tension 16:9 High Contrast Projection Screen- 130” Screen Size F. 9 (EA) Episode 800 Commercial Series 70-Volt In-Ceiling Speaker with Tile Bridge & 6” Woofer G. 4 (EA) SenseTM Ceiling Condenser Microphone-White H. 1 (EA) CrestronTSW 1060-B-S10 1in. TouchScreen, BlackSmooth I. 1 (EA) CrestronTSW 1060-TTK-B-S Tabletop Kit For TSS-10 and TSW-1060, BlackSmooth J. 1 (EA) Crestron DSP K. 1 (EA) CrestronAMP-1200-70 Single Channel L. 1 (EA) CISCO CS-KITP60-K9 Spark Room Video Conferencing Kit M. 1 (EA) Williams Sounds Large-Area Induction Loop System with Network Control- DL210 SYS 2 2.0 N. All required Interconnects, Terminations, Wire Management and Rack Finishing Materials Training Room C:

A. 2 (EA) Samsung-65” Class LED-NU8000 Series 2160p-Smart-4KUHD TV with HDR B. 1 (EA) BenQ LH770 Laser 1080p 5,000 Lumen Projector C. 1 (EA) StrongTM Universal Fine Adjust Projector Mount|50 lbs. Weight Capacity- Black D. 1 (EA) StrongTM Premium Mount|Tilt-47-90” Displays E. 1 (EA) DrangonFlyTM Motorized Tab Tension 16:9 High Contrast Projection Screen- 130” Screen Size F. 5 (EA) Episode 800 Commercial Series 70-Volt In-Ceiling Speaker with Tile Bridge & 6” Woofer G. 5 (EA) SenseTM Ceiling Condenser Microphone-White H. 1 (EA) CrestronTSW 1060-B-S10 1in. TouchScreen, BlackSmooth I. 1 (EA) CrestronTSW 1060-TTK-B-S Tabletop Kit For TSS-10 and TSW-1060, BlackSmooth J. 1 (EA) Crestron DSP K. 1 (EA) CrestronAMP-1200-70 Single Channel L. 1 (EA) CISCO CS-KITP60-K9 Spark Room Video Conferencing Kit M. 1 (EA) Williams Sounds Large-Area Induction Loop System with Network Control- DL210 SYS 2 2.0 N. All required Interconnects, Terminations, Wire Management and Rack Finishing Materials

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Base year Preventative Maintenance on AV equipment IAW Statement of Work Contract Period: Base POP Begin: 09-01-2024 POP End: 08-31-2025 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 7E20 - IT and Telecom - End User: Conferencing, AV, Helpdesk, Deskside Support, Workspace, Printers, Collaboration and Productivity Tools (Hardware and Perpetual License Software)

Option Year Preventative Maintenance on AV equipment IAW Statement of Work Contract Period: Option 1 POP Begin: 09-01-2025 POP End: 08-31-2026

PRODUCT/SERVICE CODE: 7E20 - IT and Telecom - End User: Conferencing, AV, Helpdesk, Deskside Support, Workspace, Printers, Collaboration and Productivity Tools (Hardware and Perpetual License Software)

Option Year Preventative Maintenance on AV equipment IAW Statement of Work Contract Period: Option 2 POP Begin: 09-01-2026 POP End: 08-31-2027

PRODUCT/SERVICE CODE: 7E20 - IT and Telecom - End User: Conferencing, AV, Helpdesk, Deskside Support, Workspace, Printers, Collaboration and Productivity Tools (Hardware and Perpetual License Software)

Option Year Preventative Maintenance on AV equipment IAW Statement of Work Contract Period: Option 3 POP Begin: 09-01-2027 POP End: 08-31-2028

PRODUCT/SERVICE CODE: 7E20 - IT and Telecom - End User: Conferencing, AV, Helpdesk, Deskside Support, Workspace, Printers, Collaboration and Productivity Tools (Hardware and Perpetual License Software)

Option Year Preventative Maintenance on AV equipment IAW Statement of Work Contract Period: Option 4 POP Begin: 09-01-2028 POP End: 08-31-2029

PRODUCT/SERVICE CODE: 7E20 - IT and Telecom - End User: Conferencing, AV, Helpdesk, Deskside Support, Workspace, Printers, Collaboration and Productivity Tools (Hardware and Perpetual License Software)

B.3 DELIVERY SCHEDULE

1700 S Lincoln Ave Lebanon, PA 17402 7529

USA

Shawn.Carter4@va.gov

1700 S Lincoln Ave Lebanon, PA 17402 7529

USA

1700 S Lincoln Ave Lebanon, PA 17402 7529

USA

1700 S Lincoln Ave Lebanon, PA 17402 7529

USA

1700 S Lincoln Ave Lebanon, PA 17402 7529

USA

36C24424Q0845

Page 1 of

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 IT CONTRACT SECURITY

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

1. GENERAL

Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.

d. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.

e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor's employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

3. VA INFORMATION CUSTODIAL LANGUAGE

a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).

b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor's information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA's information is returned to the VA or destroyed in accordance with VA's sanitization requirements. VA reserves the right to conduct on site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

c. Prior to termination or completion of this contract, contractor/ subcontractor must not destroy information received from VA, or gathered/ created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

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

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

g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.

i. The contractor/subcontractor's firewall and Web services security controls, if applicable, shall meet or exceed VA's minimum requirements. VA Configuration Guidelines are available upon request.

j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA's prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COR.

4. INFORMATION SYSTEM DESIGN AND DEVELOPMENT

a. Information systems that are designed or developed for or on behalf of VA at non-VA facilities shall comply with all VA directives developed in accordance with FISMA, HIPAA, NIST, and related VA security and privacy control requirements for Federal information systems. This includes standards for the protection of electronic PHI, outlined in 45 C.F.R. Part 164, Subpart C, information and system security categorization level designations in accordance with FIPS 199 and FIPS 200 with implementation of all baseline security controls commensurate with the FIPS 199 system security categorization (reference Appendix D of VA Handbook 6500, VA Information Security Program). During the development cycle a Privacy Impact Assessment (PIA) must be completed, provided to the COR, and approved by the VA Privacy Service in accordance with Directive 6507, VA Privacy Impact Assessment.

b. The contractor/subcontractor shall certify to the COR that applications are fully functional and operate correctly as intended on systems using the VA Federal Desktop Core Configuration (FDCC), and the common security configuration guidelines provided by NIST or the VA. This includes Internet Explorer 7 configured to operate on Windows XP and Vista (in Protected Mode on Vista) and future versions, as required.

c. The standard installation, operation, maintenance, updating, and patching of software shall not alter the configuration settings from the VA approved and FDCC configuration. Information technology staff must also use the Windows Installer Service for installation to the default "program files" directory and silently install and uninstall.

d. Applications designed for normal end users shall run in the standard user context without elevated system administration privileges.

e. The security controls must be designed, developed, approved by VA, and implemented in accordance with the provisions of VA security system development life cycle as outlined in NIST Special Publication 800-37, Guide for Applying the Risk Management Framework to Federal Information Systems, VA Handbook 6500, Information Security Program and VA Handbook 6500.5, Incorporating Security and Privacy in System Development Lifecycle.

f. The contractor/subcontractor is required to design, develop, or operate a System of Records Notice (SOR) on individuals to accomplish an agency function subject to the Privacy Act of 1974, (as amended), Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Privacy Act may involve the imposition of criminal and civil penalties.

g. The contractor/subcontractor agrees to:

(1) Comply with the Privacy Act of…