Amendment 36C24424Q0868 0001.docx

5. PROJECT NUMBER (if applicable)

CODE

7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NUMBER

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NUMBER

3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED

PAGE OF PAGES

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED

BPA NO.

1. CONTRACT ID CODE

FACILITY CODE

CODE

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 11/2016)

is required to sign this document and return ___________ copies to the issuing office.

is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER

16A. NAME AND TITLE OF CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30

PREVIOUS EDITION NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.243 (Type or print) (Type or print) (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(Number, street, county, State and ZIP Code) (If other than Item 6) (Specify type of modification and authority) (such as changes in paying office, appropriation date, etc.)

(If required)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

CHECK

ONE

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer)

None 00244 Department of Veterans Affairs Network Contracting Office 4

1010 Delafield Rd.

Pittsburgh PA 15215

00244 Department of Veterans Affairs Network Contracting Office 4 Lebanon VA Medical Center 1700 S. Lincoln Ave Lebanon PA 17042 To all Offerors/Bidders

36C24424Q0868

X x

The purpose of this amendment is to update the provisions and clauses.

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 36C24424Q0868.

This notice incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2024-05 effective 22 May 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 full and open. The NAICS Code for this procurement is 541380 (Testing Laboratories and Services) with a small business size standard of $19 Million. The Product Service Code (PSC) is Q301 (Medical – Reference Laboratory Testing).

The VA Butler Healthcare, located at 353 North Duffy Rd, Butler, PA, is need of dosimetry monitoring services for the Radiology, Mercer CBOC Radiology, and Dental service lines. The contractor shall be responsible for providing dosimetry monitoring services quarterly. The Statement of Work (SOW) is provided.

Complete instructions for submitting a response to this solicitation and applicable provisions and clauses are found in “36C24424Q0868.” 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. 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.

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Table of Contents

A.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: TBD

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:

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SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

Whole Body and Area Dosimetry Badge (OSL or TLD) IAW the Statement of Work.

Three of which are Area Dosimetry Badges.

(Up to 30 badges quarterly = approximately 120 badges per year)

Contract Period: Base POP Begin: 09-01-2024 POP End: 08-31-2025 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: Q301 - Medical - Reference Laboratory Testing

Unreturned Dosimeter IAW the Statement of Work.

(2 per quarter = 8 / year)

Contract Period: Base POP Begin: 09-01-2024 POP End: 08-31-2025

Pre-paid return label IAW the Statement of Work.

(1 per quarter = 4 labels / year)

Contract Period: Base POP Begin: 09-01-2024 POP End: 08-31-2025

Dosimeter Return Postage IAW the Statement of Work.

(one per quarter = 4 / year return postage)

Contract Period: Base POP Begin: 09-01-2024 POP End: 08-31-2025

GRAND TOTAL

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B.2 STATEMENT OF WORK

Statement of Work Dosimetry Monitoring Services

1.0 General:

The VA Butler Healthcare, located at 353 North Duffy Rd, Butler, PA, is need of dosimetry monitoring services for the Radiology, Mercer CBOC Radiology, and Dental service lines. A dosimetry monitoring program is required by the Occupational Safety and Health Administration (OSHA) and the Joint Commission for the accreditation of medical facilities.

2.0 Objective:

The contractor shall be responsible for providing dosimetry monitoring services quarterly. The United States Nuclear Regulatory Commission states that the occupational dose to individual adults needs to be controlled and monitored. The annual total effective dose equivalent for the whole body is 5,000 millirem or 5 rem.

Source: https: United States Nuclear Regulatory Commission https://www.nrc.gov/images/about-nrc/radiation/dose-limits.jpg

The Butler VA is requesting a one-year, firm fixed price contract. The cost of the contract should be presented in terms of the total annual cost and expressed as the cost per badge type according to the number of exact badge type.

The selected contractor must be NVLAP accredited. The vendor shall have a well-established and demonstratively successful means of providing the goods and services described in the given specifications of dosimetry devices and services given within this document. The dosimetry vendor must be able to demonstrate specific requirements listed upon request and provide required NVLAP certifications if requested.

3.0 Scope of Work:

3.1 Dosimetry badges will be provided to the radiology department and dental clinic on a quarterly basis.

3.1.1 Locations: The vendor will ship all dosimetry badges to the Butler VA Radiology Department, 353 North Duffy Road, Butler, PA 16001. The dosimeter badges will be distributed to the appropriate personnel/departments by the Butler VA Radiation Safety Officer.

3.1.2 The selected vendor shall supply necessary personnel monitoring devices of a NVLAP certified type or combination of types.

3.1.2.1 At the present time Butler VA Healthcare requires the TLD 760 badge for detection of beta, gamma. And x-rays.

3.1.2.2 The Butler VA requires badges for up to 30 employees, there is no minimum number of badges required.

3.1.2.3 Initial set up will include an extra holder for each body badge.

3.1.2.4 Control badges will be included for each area at no charge.

3.2 Dosimeters

3.2.1 The dosimeters shall not be made of a film media.

3.2.2 The dosimeters shall have a minimum detectability of 1 millirem for the whole-body badges (x-ray and gamma ray) and 10 millirem for whole body badges (beta particle.)

3.2.3 The designated wear period for the dosimeters shall be for the entire calendar quarter beginning in October after the contract is awarded.

3.2.3.1 The quarters will be defined to follow the Butler VA’s fiscal quarters as follows:

3.2.3.1.1 Quarter 1: October, November, December

3.2.3.1.2 Quarter 2: January, February, March

3.2.3.1.3 Quarter 3: April, May, June

3.2.3.1.4 Quarter 4: July, August, September

3.2.4 Written specifications shall be provided, prior to bid evaluation, on dosimetry devices that define the following:

3.2.4.1 Minimum detectable reported dose

3.2.4.2 Energy discrimination capabilities including accuracy and precision.

3.2.4.3 Maximum range of reported dose for the various energy range concerned:

3.2.4.3.1 Less than 100 KeV photons

3.2.4.3.2 100 KeV through 250 KeV photons

3.2.4.3.3 Greater than 250 KeV up to and including Cs-137 and Co-60

3.2.4.3.4 Photons from a 6/15 Mev external beam linear accelerator

3.2.4.3.5 Beta radiation

3.2.5 Dosimetry devices shall provide obvious, distinct color coding for easy special purpose identification while being worn.

3.2.5.1 Dosimeter colors shall alternate with each wear period.

3.2.6 Badges shall be identified with clearly visible printed word “Collar”, “Chest”, or “Waist” or other clear descriptive nomenclature, to aide in proper wearing position.

3.2.7 The ring badge shall have at least 3 sizes, be waterproof, have a permanent label, and being able to withstand cold sterilization.

3.2.7.1 The ring badge should be color coded for alternate wear periods.

3.2.8 Body badges shall be waterproof and have a permanent label.

3.2.9 Fetal badges for badge wearers should be made available when requested.

3.2.10 The vendor shall provide a method for calculating and reporting Effective Dose Equivalent or Effective Dose automatically for designated badge wearers.

3.3 Delivery/Shipping

3.3.1 The dosimetry devices, including additions, shall be provided in presorted and individually packaged and labeled containers in accordance with the criteria established by the Government’s Radiation Safety Officer at the time of initial set-up.

3.3.2 Primary sorting and distinction will include unlimited series separation by groups of users.

3.3.2.1 Series coding shall be alphanumeric.

3.3.3. Shipments shall include individual printed packing lists for each group of users.

3.3.3.1 The individual packing lists shall include the numerical order of the dosimeters.

3.3.4 Other information provided in listing shall include but is not limited to the following:

3.3.4.1 An acceptable form of identifier

3.3.4.2 Badge Control Identification

3.3.4.3 Badge Type

3.3.4.4 Prescribed wear period, by date

3.3.5 Dosimetry devices shall be routinely delivered to the customer by the 25th calendar day of each month preceding the next exchange date.

3.3.5.1 Exchange dates are the first day of any quarter/month.

3.3.5.2 If the devices are not received by the 25th calendar day, the vendor shall at no cost to the Government ship the devices on a manner to ensure delivery by the 3rd business day after notification by the Government.

3.3.6 The delivery of dosimetry devices is required within 7 calendar days of record creation for additions of new personnel or additional badges for existing personnel unless a rush shipment is requested.

3.3.6.1 When a rush shipment is requested, the dosimetry devices shall be received within 3 business days of record creation.

3.3.7 The creation of a single record shall automatically provide all individual dosimetry devices for the current quarter/month and all subsequent quarter/months.

3.3.8 Shipping containers shall be reusable for return of the devices to the vendor.

3.3.9 Return shipping labels shall be supplied by the vendor.

3.3.10 No pre-sorting of the dosimetry devices shall be required by the Government prior to returning the dosimetry devices to the vendor.

3.4 Web Access Capability

3.4.1 The vendor shall have web access capability such that the Government may be able to at a minimum provide the ability to do the following:

3.4.1.1 Add, transfer, and delete personnel.

3.4.1.2 Add additional badges to existing personnel.

3.4.1.3 Review records (wearer, badge type, frequency, dose history, etc.)

3.4.1.4 Summarize results (exposure levels, ALARA, etc.)

3.4.1.5 Review exposure histories of entire account.

3.4.1.6 Review exposure histories for an individual

3.4.1.7 Reactivate wearers and badges.

3.4.1.8 Assign spare badges.

3.4.1.9 List unreturned badges

3.4.1.10 Download data files for unreturned badges

3.4.1.11 Download data files for badge readings (exposure for specific periods)

3.4.1.12 A means of tracking all unreturned dosimetry devices, including whole body and ring devices.

3.4.1.12.1 The information shall be available for downloading on at least a monthly basis and shall be capable of tracking unreturned devices for the past 18 calendar months.

3.4.2 Initial and periodic on-site training shall be provided at the Government’s request, promptly at service set – up by the vendor or at modification of web site.

3.4.3 The vendor shall automatically provide permanent record archiving.

4.0 Reports

4.1 The Government’s Radiation Safety Officer or designee shall be notified by telephone of all readings above the levels set by the Government Radiation Safety Officer within 24 hours from the reading of the dosimeter.

4.1.1 The Radiation Safety Officer contact number will be 724-285-2454 during normal business hours that are listed in 5.0 of this document.

4.2 Radiation dose reports including monthly, quarterly, year-to-date, and lifetime totals shall meet the records requirements of the of the U.S. NRC and OSHA.

4.3 The vendor shall automatically provide printed and computer updates of records which have had a dose adjustment made by the Government’s Radiation Safety Officer.

4.4 The vendor shall automatically provide an NRC Form 5 or equivalent, at no cost, for each monitored individuals as requested by the Government’s Radiation Safety Officer.

4.5 The dosimetry reports shall include a separate fetal dose entry for all pregnant personnel.

4.6 Complete dosimetry reports shall be routinely provided to the Government’s Radiation Safety Office within 14 days of receiving the badges.

4.6.1 The vendor shall provide a printed copy for the wear period, annual summary, and annual statistical summary reports for each account.

4.6.2 The summary should include the following, but not limited to:

4.6.2.1 Group and/or series number

4.6.2.2 A list every person badged at any time during the year.

4.6.2.3 Badge and number type

4.6.2.4 Annual and lifetime dose

4.6.2.5 Deep dose for each monitoring period

4.6.2.6 Shallow dose for each monitoring period.

4.6.2.7 Extremity Dose

4.6.2.8 Internal Dose reported by the Radiation Safety Officer

4.6.2.9 Total Effective Dose Equivalent

4.6.2.10 Data on all currently issued devices regarding late returns, unreturned, and deleted devices.

4.6.3 A second copy of each report shall be provided upon request and issued for shipment directly to user groups.

5.0 Hours of Operation and Scheduling

5.1 Normal hours are Monday through Friday from 7:00 am to 4:30 pm, excluding holidays and weekends.

5.1.1 Federal Holidays observed by Veterans Health Administration are: New Years' Day, Martin Luther King Day, Presidents' Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day.

5.1.2 All services and reporting will be performed during normal hours of coverage unless requested or approved by Government POC.

6.0 Security and Safety

6.1 Information Technology Security

6.1.1 The contractor will not have access to VA Desktop computers. They will not have access to online resources belonging to the VA or the U.S. government. Contractor may not have access to the VA network.

6.1.2 All Contractors must receive Privacy training annually using one of the following methods:

6.1.2.1 Complete “VA Privacy Training for Personnel without Access to VA Computer Systems or Direct Access to or Use to VA Sensitive Information” training by using VA’s TMS system (https://www.tms.va.gov/SecureAuth35/). Contractors may use the TMS Managed Self Enrollment method to complete the training in TMS.

6.1.2.2 Complete the hard copy version of “VA Privacy Training for Personnel without Access to VA Computer Systems or Direct Access to or Use to VA Sensitive Information”. Signed training documents must be submitted to the VA Point of Contact (POC). Training must be completed prior to the performance of the contract and annually thereafter.

6.2 Security

6.2.1 The certification and accreditation (C&A) does not apply. A security accreditation package is not required.

6.2.2 The Contractor’s field service employee will wear visible identification issued by the VA Police Service. Contractor must check in with police for each visit to obtain a contractor badge.

6.2.3 Identification, Parking, Smoking and VA Regulations:

6.2.3.1 It is the responsibility of the Contractor to park in the appropriate designated parking areas. Information on parking is available from the VA Police Service. The Butler VA will not validate or make reimbursements for parking violations to the Contractor under any conditions. Smoking is prohibited on the Butler VA campus.

6.2.3.1 ID badge must be always worn by Contractors while on VA premises.

6.2.4 Possession of weapons, illegal drugs & alcohol is prohibited.

6.2.5 Enclosed containers, including tool kits, shall be subject to search.

6.2.6 Contractor takes all responsibility of their staff while on Butler VA property.

6.2.7 Contractor responsible for any damage to property whether personal, private or government owned.

7.0 Records Management

7.1 Citations to pertinent laws, codes, and regulations such as 44 U.S.C chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

7.2 Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

7.3 Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.

7.4 Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

7.5 Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

7.6 The Government Agency owns the rights to all data/records produced as part of this contract.

7.7 The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

7.8 Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

7.9 No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

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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 Reserved

C.3 VAAR 852.211-76 LIQUIDATED DAMAGES – REIMBURSEMENT FOR DATA BREACH COSTS (FEB 2023) ALTERNATE I (FEB 2023)

(a) Definition. As used in this clause, ‘‘contract’’ means any contract, agreement, order or other instrument and encompasses the definition set forth in FAR 2.101.

(b) Non-disclosure requirements. As a condition of performance under a contract, order, agreement, or other instrument that requires access to sensitive personal information as defined in VAAR 802.101, the following is expressly required—

(1) The Contractor, subcontractor, their employees or business associates shall not, directly or through an affiliate or employee of the Contractor, subcontractor, or business associate, disclose sensitive personal information to any other person unless the disclosure is lawful and is expressly permitted under the contract; and

(2) The Contractor, subcontractor, their employees or business associates shall immediately notify the Contracting Officer and the Contracting Officer’s Representative (COR) of any security incident that occurs involving sensitive personal information.

(c) Liquidated damages. If the Contractor or any of its agents fails to protect VA sensitive personal information or otherwise engages in conduct which results in a data breach, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of [$37.50] per affected individual in order to cover costs related to the notification, data breach analysis and credit monitoring. In the event the Contractor provides payment of actual damages in an amount determined to be adequate by the Contracting Officer, the Contracting Officer may forgo collection of liquidated damages.

(d) Purpose of liquidated damages. Based on the results from VA’s determination that there was a data breach caused by Contractor’s or any of its agents’ failure to protect or otherwise engaging in conduct to cause a data breach of VA sensitive personal information, and as directed by the Contracting Officer, the Contractor shall be responsible for paying to the VA liquidated damages in the amount of [$37.50] per affected individual to cover the cost of the following:

(1) Notification related costs.

(2) Credit monitoring reports.

(3) Data breach analysis and impact.

(4) Fraud alerts.

(5) Identity theft insurance.

(e) Relationship to termination clause, if applicable. If the Government terminates this contract in whole or in part under the Termination for cause paragraph, FAR 52.212–4(m), Contract Terms and Conditions—Commercial Products and Commercial Services, the Contractor is liable for damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These damages are in addition to costs of repurchase as may be required under the Termination clause.

(End of Clause) C.4 VAAR 852.212-72 GRAY MARKET AND COUNTERFEIT ITEMS— INFORMATION TECHNOLOGY MAINTENANCE ALLOWING OTHER-THAN-NEW PARTS (FEB 2023)

(a) Used, refurbished, or remanufactured parts may be provided. No gray market supplies or equipment shall be provided. Gray market items are Original Equipment Manufacturer (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 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.5 VAAR 852.239-76 INFORMATION AND COMMUNICATION TECHNOLOGY ACCESSIBILITY (FEB 2023)

(a) All information and communication technology (ICT) (formerly referred to as electronic and information technology (EIT)) supplies, information, documentation and services support developed, acquired, maintained or delivered under this contract or order must comply with the ‘‘Architectural and Transportation Barriers Compliance Board Electronic and Information Technology (EIT) Accessibility Standards’’ (see 36 CFR part 1194). Information about Section 508 is available at http://www.section508.va.gov/.

(b) The Section 508 accessibility standards applicable to this contract or order are identified in the specification, statement of work, or performance work statement. If it is determined by the Government that ICT supplies and services provided by the Contractor do not conform to the described accessibility standards in the contract, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.

(c) The Section 508 accessibility standards applicable to this contract are: None

(d) In the event of a modification(s) to this contract or order, which adds new EIT supplies or services or revises the type of, or specifications for, supplies or services, the Contracting Officer may require that the Contractor submit a completed VA Section 508 Checklist and any other additional information necessary to assist the Government in determining that the ICT supplies or services conform to Section 508 accessibility standards. If it is determined by the Government that ICT supplies and services provided by the Contractor do not conform to the described accessibility standards in the contract, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.

(e) If this is an Indefinite-Delivery type contract, a Blanket Purchase Agreement or a Basic Ordering Agreement, the task/delivery order requests that include ICT supplies or services will define the specifications and accessibility standards for the order. In those cases, the Contractor may be required to provide a completed VA Section 508 Checklist and any other additional information necessary to assist the Government in determining that the ICT supplies or services conform to Section 508 accessibility standards. If it is determined by the Government that ICT supplies and services provided by the Contractor do not conform to the described accessibility standards in the provided documentation, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.

(End of Clause)

C.6 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)

(End of Addendum to 52.212-4)

C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

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

(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

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

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

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

[x] (4) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

[] (5) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (6) [Reserved] [] (7) 52.204–14,…