36C24425Q0955_1.docx

SUBJECT*

Copy of Miscellaneous - CT Trailer Lease | Mobile CT Trailer Lease | 542-25-4-134-0169

GENERAL INFORMATION

SET-ASIDE

Network Contracting Office 4

POINT OF CONTACT*

Contracting Officer

DEREK M CHUFF

DEREK.CHUFF@va.gov 814-943-8164

PLACE OF PERFORMANCE

ADDRESS

POSTAL CODE

COUNTRY

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

DESCRIPTION

Combined Synopsis/Solicitation Notice

GENERAL INFORMATION

Network Contracting Office 4

2907 Pleasant Valley BLVD Altoona, PA 16602

POINT OF CONTACT*

Contracting Officer Derek Chuff Derek.Chuff@va.gov 814-932-3544

PLACE OF PERFORMANCE

Coatesville VA Medical Center 1400 Blackhorse Hl Rd, Coatesville, PA

ADDITIONAL INFORMATION

EMAIL DESCRIPTION

DESCRIPTION

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

General Information

Contracting Office Address James E. Van Zandt VAMC 2907 Pleasant Valley BLVD Hollidaysburg PA 16602

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 36C24425Q0930.

This notice incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2025-03 effective 01/17/2025, 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 unrestricted. The NAICS Code is 532120

Coatesville VA Medical Center requires the lease of a mobile Computed Tomography Imaging (CT) unit to address our CT scan needs while we replace our CT suite in the fall of 2025. Our CT suite will be undergoing construction for approximately three months. The contractor shall provide all expertise, equipment and supplies as necessary to deliver and install the mobile CT unit at the Coatesville VA Medical Center, 1400 Blackhorse Hill Road, Coatesville, PA 19320.

Complete instructions for submitting a response to this solicitation and applicable provisions and clauses are found in “36C24425Q0930.” All quoters 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 estimated period of performance is 09/30/2025 – 11/30/2025.

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 Derek Chuff at Derek.Chuff@va.gov No questions will be answered after 09/11/2025 at 8:00am ET.

Any questions or concerns regarding this solicitation should be forwarded via e-mail to the contract specialist, Derek Chuff at Derek.Chuff@va.gov

Point of Contact Derek.Chuff@va.gov Contracting Officer Services 3 (Medical Equipment Maintenance Services) Department of Veterans Affairs | Service Area Office East | Network Contracting Office 4 James E. Van Zandt VAMC 2907 Pleasant Valley BLVD Hollidaysburg PA 16602 Derek.Chuff@va.gov

Page 1 of Table of Contents No table of contents entries found.

SECTION B - CONTINUATION OF SF 1449 BLOCKS

A.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer Derek.Chuff@va.gov Department of Veterans Affairs Network Contracting Office 4

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

3. INVOICES: Invoices shall be submitted in arrears:

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

A.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Lease of Mobile CT Unit

POP Begin: 09-30-2025 POP End: 12-31-2025 PRINCIPAL NAICS CODE: 532120 – Lease or Rental of Equipment – Ground Effect Vehicles PRODUCT/SERVICE CODE: W023 - Truck, Utility and RV Rental and Leasing

Delivery of trailer

POP End: 12-31-2025

Application Training

POP End: 12-31-2025

A.3 DELIVERY SCHEDULE

1400 Blackhorse Hl Rd Coatesville PA 19320

Page 1 of

A.4 STATEMENT OF WORK

STATEMENT OF WORK/SPECIFICATIONS FOR MOBILE CT UNIT

1.0 OVERVIEW SERVICES:

Coatesville VA Medical Center requires the lease of a mobile Computed Tomography Imaging (CT) unit to address our CT scan needs while we replace our CT suite in the fall of 2025. Our CT suite will be undergoing construction for approximately three months. The contractor shall provide all expertise, equipment and supplies as necessary to deliver and install the mobile CT unit at the Coatesville VA Medical Center, 1400 Blackhorse Hill Road, Coatesville, PA 19320.

The Coatesville VA Medical Center currently has a GE Optima 660 CT unit. We are requesting a GE EVO CT system as it is similar to the current CT unit in use. The mobile CT unit must produce the same results or better than the current one. We are requesting this procurement for any vendor who can provide this system for the time needed.

Contractor shall provide a GE EVO CT system and associated equipment (hereinafter referred to as a mobile unit). The mobile trailer shall be set up in a location identified by the Contracting Officer’s Representative (COR). This agreement shall include all labor, material, tools, maintenance/repairs, equipment, hookup, delivery, and the complete removal of the mobile unit upon conclusion of the contract period. The mobile unit shall be delivered and removed on a date and time mutually agreed upon between the COR and the Contractor.

It is also agreed upon and understood that VA trained technologists will perform all scans on the Contractor furnished equipment. The VA will have on site access to the CT scanner 24 hours a day, 7 days a week (24/7) throughout the contract period. Contractor shall be responsible to maintain all the equipment in good working order and shall reimburse the VA for any reasonable costs which may be associated with any defective workmanship or equipment failure as further defined herein.

Contactor policies and procedures shall comply with all VA Privacy & Security, the Privacy Act and Health Insurance Portability and Accountability Act (HIPAA).

1.1 TERM OF CONTRACT: The contract is effective after award from the date specified for a minimum of four months. Upon award, the contractor shall schedule a meeting to review the technology placement, site planning requirements, set-up of the equipment, and expectations with the COR. Follow-up meetings should occur if applicable to finalize the delivery and install dates. This period is anticipated to take one month. The rental period will then be for minimum three months. No service shall be performed by the Contractor prior to or after contract period, unless authorized by the Contracting Officer in writing.

1.2 TRAINING: Government or government contract personnel shall provide all patient services. Contractor is required to provide 2 days of all necessary training for full operation of the Mobile CT unit to include applications training. Contractor shall make the necessary arrangements with the Contracting Officer’s Representative (COR) to schedule training sessions. Training sessions shall not be performed on weekends and federal holidays.

1.3 USE OF EQUIPMENT: It is agreed upon and understood that a qualified CT technologist(s) (who has completed and received the proper training on the use of the equipment) will be authorized to use the Contractor’s furnished equipment 24/7 to perform a variety of CT exams.

1.4 PURPOSE: The intent of this procurement is to provide interim mobile CT lease to increase patient access to CT services during our current CT replacement. Contractor’s equipment shall be state-of-the art in order to achieve high quality scans utilizing low radiation dosing techniques for VA patient diagnosis.

1.5 CONTRACTOR’S FURNISHED EQUIPMENT: Equipment shall be limited to a fully equipped GE EVO CT system where studies will be performed on the contractor’s furnished equipment. Contractor shall submit an equipment specification list of all equipment, including the CT Mobile Unit with his/her signed quotes. Include name of manufacturer, model number, manufacturer’s brochures, cut sheets, equipment specifications, and all pertinent data. All equipment to be used will be FDA approved imaging equipment placed at a location designated by the COR. The entire offering of a CT Mobile lease shall meet all local, state, federal, and regulatory standards, internal or external, that the Coatesville VA is currently accountable for.

In addition, the CT Mobile unit shall meet the following specifications:

1. Max width of mobile: 10 feet

1. Max length of mobile: 45 feet

1. Mobile unit shall be compatible with the following main electrical power specifications: 480V, 150A 3 phase, 125KVA, fused at 150, 4 pole 5 wire service in place with a Russelstoll outlet, Maximum allowable line voltage variation is +/- 10 percent. Phase balance + 3% maximum.

If the outlet changes, the VA shall notify the vendor before delivery to ensure the mobile trailer plug is compatible with the new outlet.

1.6 SYSTEM CAPABILITY REQUIREMENTS: The Contractor shall provide a Computed Tomography Imaging scanner which shall allow the personnel to perform a wide range of exams as listed below:

1. Diagnostic CT imaging, but not limited to, all Body, MSK, Neuro.

1.7 SYSTEM NETWORKING INTERFACES: to be provided at no additional cost to the Coatesville VA.

Scanner and all associated equipment - Both hardware and software, which shall have ability to send Digital Imaging and Communications in Medicine (DICOM) images to Coatesville VAMC PACS:

1. System shall be able to send to multiple DICOM destinations

1. System shall operate on Windows 10 operating system

1. Shall act as a Service Class Provider (SCP) for third party workstations to pull DICOM

1. The mobile unit shall be equipped with a DVD disk archival system however VA will be responsible for DVD Discs. The patient data and optical disk shall be the property of the Coatesville VAMC and remain with the VA at the end of the contract term.

1. The mobile unit shall be equipped with DVD-R burning capabilities as a backup, these backups shall be in DICOM format.

1. Shall be compatible with DICOM Modality Worklist C-Find (MWL) to query exams

1.8 ACCESSORY EQUIPMENT: Accessory equipment that shall be provided by the Contractor:

1. Handicap accessibility - via ramp or lift

1. Intercom system between the control room and scanning room

1. Changing area for patients within mobile unit (if available)

1. CT Medrad Stellant Dual Injector which is compatible to the CT system provided

1.9 EQUIPMENT SPECIFICATIONS: The following minimum performance characteristics of the equipment are required: Brand name GE is required in order to avoid the need to train staff that is already familiar with the use of this brand of CT, currently in use at the Coatesville VAMC.

GE EVO CT is also required for this mobile space in order to ensure ease of use and to prevent additional training for the clinical users. A Medrad Stellant Dual Injector brand is required in order to maintain consistent use of current stock of injector syringes that logistics currently has on contract with the vendor. Additionally, all sponges and table attachments shall be included. In this instance, the supplies to be included are:

1. Head holder attachment

0. Head stability sponges

1. Footboard attachment

1. Patient safety Velcro table straps

1. Postprocessing workstation Additionally, the unit shall include, but not be limited to, the following specifications:

1. The Gantry

0. Gantry tilts ±30 degrees

0. Large aperture: 70 cm

0. Two scan fields of view

0. Wide range of scan times provides greater flexibility for optimal image quality

0. Control touch panel – many functions can be controlled in-room for quick setup and improved workflow

1. Output, kw 72

1. Kvp range 80, 100, 120, 140 X-RAY TUBE

1. Heat storage, MHU (X-RAY TUBE) 7.0

1. Tube cooling (X-ray tube anode) Oil/air

1. Tube focal spots, mm (X-RAY TUBE) 1.6 x 1.4, 0.9 x 0.8 (IEC standard)

1. Dicom 3-d image export

1. Helical Scan Speed 360 Rotation times, sec, 0.5, 0.6, 0.7, 0.8, 0.9, 1.0

1. Axial and Cine Scan Speeds 360 Degree Acquisition Scans, sec, 0.5, 0.6, 0.7, 0.8, 0.9, 1.0, 2.0

1. Table Weight: minimum 500 lbs

Connectivity to PACS is required as well as all capabilities in Section 1.7 in the above document.

Equipment provided shall also include the following:

1. DICOM [connectivity / functionality between Coatesville VAMC and Philips Isite PACS]

1. DVD disk archival system

Contractor shall be required to make whatever adaptations are necessary so that the Contractor’s equipment is compatible with the VA furnished services defined herein.

1. The Mobile CT shall provide images with consistently high technical diagnostic quality which meet the standard of care.

1. The Mobile CT unit shall be ready for use regardless of outside environmental conditions.

1. The Mobile CT unit shall maintain a temperature as to assure proper operation of the scanner without frequent calibration and provide for patient comfort.

1. Meet all federal, state, and local fire and safety requirements.

1. Telecommunications: The mobile unit shall be equipped with an outlet connection capable of transmitting data and voice through a Government provided network cable. The Government will provide the connection required for the transmission of images, data, and voice - (PACS interface contact person shall be provided to the Contractor during the post-award orientation).

1.10 ADDITIONAL REQUIREMENTS/MOBILE CT UNIT: Contractor shall provide a Mobile CT Unit that meets the following physical requirements:

1. Has been approved by the FDA and meets or exceeds minimal standards for the type of equipment being provided as defined herein.

1. The Contractor’s Mobile CT shall provide the space enough for the monitoring of sedated patients and conducting CPR and code if needed.

1.11 VA PROVIDED UTILITIES/SERVICES: COATESVILLE VAMC SHALL PROVIDE THE FOLLOWING UTILITIES/SERVICES (IF NECESSARY) FOR OPERATION OF THE CT MOBILE UNIT:

1. Maintenance of the site which meets the requirements for the system.

1. Housekeeping – during use of the mobile unit.

1. Provision of electricity utilities, telephone service and network (HVAC, water and steam will NOT be provided).

1. Provision of a Radiologist to oversee procedures, to protocol studies.

1. VA Staff to respond medical emergencies.

1. VA will be responsible for scheduling of patients to maximize patient throughput and will provide clerical support for scheduling, patient registration and other administrative responsibilities related to the CT Schedule.

1. Provision of medical staff, when required, for procedures.

1. Transportation of patients to/from their medical ward to the waiting area assigned to the CT service.

1. Provision of medical supplies necessary to perform the procedure.

1. Provision of standard protocols for CT technical staff and availability of radiologist to confer with regarding protocols.

1. VA physicians will obtain any written consent that may be required in accordance with VA regulations.

1. Canopy, walkway and covering for the safe transportation of patients to and from the hospital to the mobile unit

1.12 EQUIPMENT MAINTENANCE/REPAIRS: Equipment provided shall always be in good working order in order to provide high quality scans required under this solicitation and any resulting contract. Contractor shall be completely responsible for the preventive maintenance, emergency and general repairs, replacement of any defective parts/components, safety, cleaning, and upkeep of all equipment furnished by the Contractor. The Contractor will provide all replacement parts, labor, travel expenses, tools, test equipment and other incidentals necessary to maintain or restore the listed equipment to operating specifications according to the manufacturer’s recommendations throughout the term of the contract. Preventative maintenance/repairs on the CT mobile unit and all associated equipment shall be performed in accordance with the Conformance Standards and manufacturer’s recommendations.

The Contractor shall be qualified / authorized by the Original Equipment Manufacturer (OEM) in the service/repair equipment listed within this contract. Contractor shall maintain qualifications throughout entire contract period. Qualifications include but not limited to the certification of all repair persons and repair facilities by the OEM as being trained / qualified to perform required repairs. The Government shall maintain the right to seek proof of qualification prior to award and anytime during contract period of performance.

If the equipment should fail during normal working hours, emergency repairs shall be performed on-site by the Contractor’s qualified service engineers within a four-hour response time in order to reduce equipment downtime. Contract price shall be reduced by pro-rated amount in the event that the contractor is unable to meet the response times stated herein or as mutually agreed upon with the COR based upon patient scheduling. Notwithstanding, if it is determined that the equipment cannot be repaired on site within an agreed upon period of time, the contractor agrees to replace the Mobile Unit within forty-eight (48) hours of equipment failure. Contract price will be adjusted for any days in which the equipment cannot be used.

Service of the equipment, to include preventive maintenance checks, shall be conducted Monday – Friday 7:00 AM – 5:00 PM, excluding Federal Holidays. Contractor will notify and coordinate with Radiology Service and Healthcare Technology Management (HTM) service of all maintenance being performed prior to starting the work. The contractor is required to sign in with HTM upon arriving on site and sign out with HTM upon leaving. The contractor will provide service records to HTM for all work done, including a service history of the device prior to use.

All required software updates/maintenance (non-emergent) performed by the vendor must be pre-coordinated with Radiology and HTM to avoid interference with patient care.

VA shall be responsible for the overall housekeeping of the unit including but not limited to removal and proper disposal of all debris daily or as often as necessary to maintain a sanitized and neat environment in accordance with the Conformance Standards.

1.13 PARTS: The Contractor shall furnish and replace parts to meet times specified in this agreement. The Contractor shall maintain ready access to all parts, including unique and/or high mortality replacement parts. All parts supplied shall be compatible with existing equipment. The contractor shall include all parts required. The Contractor shall use new or rebuilt parts. All parts shall be of current manufacture and have complete versatility with the presently installed equipment. All parts shall perform identically to the original equipment specifications. Rebuilt parts, used parts or those removed from another piece of equipment shall not be installed without specific approval by the CO or the COR.

Contractor’s equipment shall be compatible with the VA existing equipment and/or systems in order to provide an interface between the Mobile CT Unit and the Contractor’s equipment and the VA firewall. VA personnel will be assigned to the successful Contractor during the post award orientation to establish network connectivity from the trailer through the Coatesville VA firewall. The Contractor and OIT official will discuss firewall security and patient data purging procedures from the Contractor’s computer hard drives on the trailer unit. The Contractor shall comply with firewall security and patient data purging procedures determined to be applicable by the VA OIT official.

All hard drives and removal media that store sensitive patient information will be turned into the VA at the conclusion of the contract period.

CT Mobile Unit Driver shall be licensed as applicable to operate and drive the mobile vehicle in which the unit is housed. Contractor shall be responsible for delivery and set up of unit on site. Contractor shall ensure that the delivery cab utilized will be able to fit in the space designated for the mobile unit delivery.

1.14 RECORDS AND CONFIDENTIALITY

Records created by the Contractor in the course of treating VA patients under this agreement are the property of the VA and shall not be accessed, released, transferred, or destroyed except in accordance with applicable federal laws and regulations. Whenever possible, records and reports will be made available in digital form.

The contractor shall provide the Coatesville VAMC with the hard-drive system at the conclusion of the contract period. This shall be signed off by the facility’s Security Officer (ISO) and HTM services.

The treatment and administrative records created by, or provided to the Contractor under this award, shall be covered by the VA system of records entitled “Patient Medical Records- VA (24VA136). In responding to VA Patient requests that copies of their patient records be released to a third party, the Contractor shall refer the VA patient/family to the Release of Information Act (ROI), located within the VA Business office for response.

1.15 TORT CLAIMS

The Federal Tort Claims Act does not cover the Contractor and/or its employees. When the group or its employees has been identified as a provider in a tort claim, the Group or Group Employee is responsible for notifying their own legal counsel and/or insurance carrier. Any subsequent settlement or judgment arising from a group or Group employee’s act or omission under this agreement is the responsibility of the Group, Group employee and/or insurance carrier unless such act or omission was at the direction of the VA clinical staff member or other VA employee.

1.16 QUALITY CONTROL

All studies shall conform to VA protocol established by VA Radiologists prior to any examination being performed. Studies will be performed according to Coatesville VA protocols. VA estimates an average of 10 CT exams to be completed daily.

1.17 INVOICES

As full and complete compensation for the CT lease, the VA agrees to make payment on a timely basis during the lease period upon receipt of properly prepared invoices submitted by the Contractor as outlined. VA agrees to pay the rates specified by the delivery order award and any rate otherwise agreed mutually upon through modification of the award. Rates are inclusive of all medical supplies, technical fees, facility fees, and interpretative charges for the term of this agreement.

Payment shall be made by electronic transfer of funds. All payments will be made monthly in arrears, after receipt of a properly executed invoice. Contractor shall submit an itemized monthly statement. All invoices shall contain the following information:

1. Contract Number

1. Obligation Number

1. Type of service provided (by line item as shown in the schedule of supplies/services)

1. Quantity of each line item

1. Cost per type of service provided

1. Date service provided

Invoices shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests contained included in the RFQ and award document.

Payment from the VA for services provided under this agreement shall be considered payment in full. The Contractor, unless specifically authorized by the VA, shall not pursue any further collection activities from any other source.

HANDBOOK 6500.6 APPENDIX A

HANDBOOK 6500.6

APPENDIX A

CHECKLIST FOR INFORMATION SECURITY IN THE INITIATION PHASE OF

ACQUISITIONS

1. BACKGROUND

In accordance with VA policy, contractors’ storage, generation, transmission or exchanging of VA sensitive information requires appropriate security controls to be in place. The VA Information Security Program policy – VA Directive and Handbook 6500 and additional 6500 series directives and handbooks - provide the framework for security within VA.

1. INSTRUCTIONS

This checklist must be completed at the initiation of all IT service acquisitions, statements of work, third-party service agreements and any other legally binding agreement in order to determine what, if any, security and privacy controls are necessary specifically as it relates to the VAAR security clause. OGC guidance should be sought on data ownership issues, as necessary. The checklist can also be used for other types of contracts, if appropriate or needed. In order to successfully complete this checklist, each question below must be addressed in coordination with all members of the local Acquisition Team including: the Procurement Requestor or Program Manager from the program office or facility, the Contracting Officer Representative (COR), the Information Security Officer (ISO), the Contracting Officer (CO) from the program office or facility’s servicing Acquisition office, and the Privacy Officer (PO). The ISO is the arbitrator if there are questions or disagreements on the appropriate answers.

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:

(End of Clause) C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2025) (DEVIATION FEB 2025)

(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:

[X] (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).

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

[] (8) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (9) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).

[] (10) 52.204–28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115–390, title II).

[X] (11)(i) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (DEC 2023) (Pub. L. 115–390, title II).

[] (ii) Alternate I (DEC 2023) of 52.204–30.

[X] (12) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (JAN 2025) (31 U.S.C. 6101 note).

[X] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

[] (14) [Reserved] [] (15) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

[X] (16) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (17) [Reserved] [] (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-6.

[] (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[X] (20) 52.219-8, Utilization of Small Business Concerns (JAN 2025) (15 U.S.C. 637(d)(2) and (3)).

[] (21)(i) 52.219–9, Small Business Subcontracting Plan (JAN 2025) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (JAN 2025) of 52.219–9.

[] (v) Alternate IV (JAN 2025) of 52.219–9.

[] (22)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (ii) Alternate I (MAR 2020) of 52.219-13.

[] (23) 52.219–14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

[] (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[] (25) 52.219–27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

[X] (26) (i) 52.219-28, Postaward Small Business Program Rerepresentation (JAN 2025) (15 U.S.C. 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219–28.

[] (27) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

[] (28) 52.219–30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

[] (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[] (30) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 637(a)(17)).

[X] (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[] (32) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2025) (E.O. 13126).

[] (33) [Reserved] [] (34) [Reserved] [X] (35)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[] (ii) Alternate I (JUL 2014) of 52.222-35.

[X] (36)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

[] (ii) Alternate I (JUL 2014) of 52.222-36.

[X] (37) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[X] (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (39)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

[X] (40) 52.222-54, Employment Eligibility Verification (JAN 2025). (E.O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

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

[] (ii) Alternate I (MAY 2008) of 52.223-9…