S02_36C24519Q0030.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. DUNS: DUNS+4:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 72

512-19-1-641-0022

01-16-2019 36C24519Q0030 12-31-2018

Keith Roberts 410-642-2411 x22921 01-08-2019

12:00 PM EST

Bradley S. Davis, Contracting Officer Dept. of Veteran Affairs, Medical Center 510 Butler Avenue Building 306A Martinsburg WV 25405

X 100

X

238990

$15 Million

N/A

Department of Veterans Affairs VA Maryland Health Care System Contracting Officer (90C) P.O. Box 1000, Bldg. 101, Room 26 Perry Point MD 21902

Keith Roberts (Contractor), Contract Specialist VA Maryland Health Care System Contracting Officer (90C) P.O. Box 1000, Bldg. 101C, Room 1 Perry Point MD 21902

PAYMENT WILL BE MADE BY

FSC e-Invoice Payment Invoice must be submitted electronically http://www.fsc.va.gov/einvoice.asp Invoice Setup Information 1-877-489-6135

See CONTINUATION Page

Perform MRI vault door maintenance and repairs at Baltimore VA Medical Center, including emergency contract line items (CLINS).

See CONTINUATION Page

X X

X ONE (1)

Bradley S. Davis Contracting Officer

1001 Project Year #1, Maintenance Service: 1/16/19 – 1/15/20 12 MO _________ ___________________

Grand Total ___________________

2001 Project Year #2, Maintenance Srvcs (if issued): 1/16/20 – 1/15/21 12 MO _________ ___________________

3001 Project Year #3, Maintenance Srvcs (if issued): 1/16/21 – 1/15/22 12 MO _________ ___________________

1002 Project Year #1, Emergency Services (as needed – estimate only) 15 HR _________ ___________________

5002 Project Year #5, Emergency Services (as needed - estimate only) 15 HR _________ ___________________

2002 Project Year #2, Emergency Services (as needed - estimate only) 15 HR _________ ___________________

4001 Project Year #4, Maintenance Srvcs (if issued): 1/16/22 – 1/15/23 12 MO _________ ___________________

5001 Project Year #5, Maintenance Srvcs (if issued): 1/16/23 – 1/15/24 12 MO _________ ___________________

3002 Project Year #3, Emergency Services (as needed - estimate only) 15 HR _________ ___________________

4002 Project Year #4, Emergency Services (as needed - estimate only) 15 HR _________ ___________________

36C24519Q0030

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

B.4 INSTRUCTIONS FOR PROPOSAL SUBMISSIONS

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT

2018)

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

C.3 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION

SYSTEMS (JUN 2016)

C.4 52.216-18 ORDERING (OCT 1995)

C.5 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.6 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.7 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.8 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.9 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED

SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)

C.10 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.11 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.12 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

C.13 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (OCT 2018)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 TECHNICAL EVALUATION CRITERIA (USED TO DETERMINE TECHNICAL

ACCEPTABILITY)

D.2 WAGE DETERMINATION SCHEDULE

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018)

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.3 52.216-1 TYPE OF CONTRACT (APR 1984)

E.4 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) .. 55

E.5 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

ITEMS (OCT 2018)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: To Be Determined

b. GOVERNMENT: Bradley S. Davis, Contracting Officer

Dept. of Veteran Affairs, Medical Center 510 Butler Avenue Building 306A Martinsburg WV 25405

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or [] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] MONTHLY

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.

PAYMENT WILL BE MADE BY

FSC e-Invoice Payment Invoice must be submitted electronically http://www.fsc.va.gov/einvoice.asp Invoice Setup Information 1-877-489-6135

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO DATE

B.2 STATEMENT OF WORK

Linear Accelerator Door Maintenance Service Plan at the Baltimore VA Medical Center

This contract is for a service plan to provide maintenance and repair of the Linear Accelerator swing door located at the Radiation Oncology Department at the Baltimore VA Medical Center. It includes two planned maintenance calls per year and any needed repairs to the door that arises due to failing equipment that falls within the scope of regular semi-annual maintenance that is caused by ordinary use (“Maintenance Services”). Additionally, the contractor shall provide emergency services to repair the Linear Accelerator door, if and as needed by the government to make door repairs that are outside the scope of regular semi-annual maintenance, or that is caused by wear or damage in excess of ordinary use (“Emergency Services”).

ORDERING PERIOD: The contract ordering period is five years from the date of award.

The contract to be awarded is an indefinite delivery contract. Task orders for Maintenance Services will be issued in 12-month task orders, the first of which will be issued with the award of the contract. Additional 12-month task orders for maintenance services will be issued at the government’s discretion. Emergency task orders will be issued on an as needed basis during the five-year ordering period.

LOCATION OF VAULT DOOR: VA Maryland Health Care Center, Baltimore VA Medical Center, 10 North Greene St, Baltimore, MD 21201.

1. MAINTENANCE SERVICES

The Contractor shall provide all personnel, management, material, parts, equipment, supplies, labor and transportation in performing preventive maintenance, inspection and service calls on the Linear Accelerator door according to manufacturer’s schedule. The vendor will inspect and maintain mechanical components, electrical components, safety systems, door frames and structures, control points and provide the VA with a written inspection report.

# Of Doors: 1 Type: Linacc Swing Manufacturer: Brookfield

1.1. Two Planned Maintenance Calls Annually: Contractor shall have two (2) planned maintenance visits annually. During these visits, the Contractor will inspect the entire door system, to include parts, equipment, controls, belts, idler wheels, connecting rods, top and bottom guides, sensors, relays, switches, seal and provide a written report after each visit.

1.2. After-Hour Service May Be Required: Due to the nature of the services provided by this department some preventive maintenance service will be scheduled to be performed after hours.

1.3. Description of Maintenance Services: Contractor will perform maintenance of the drive train components that will include the following during the planned visits:

a. Insure proper alignment of all drive unit components, roller wheel brackets, and brake system components.

b. Thoroughly inspect the drive ring and remove and debris or matter to insure a less resistant and quiet operation.

c. Maintain the realignment of the center of the motion section of the door system.

d. Inspect all the electrical current monitoring of all critical control devices including replacement of all parts showing either electrical or mechanical wear.

e. Contractor will except all costs associated with the pivots of the Linacc door unless damaged or destroyed by means other than ordinary wear and tear. (See paragraph 1.4, below.)

f. Contractor will perform regular and systematic maintenance on the complete series of all safety devices and components associated with the Linacc door.

g. All safety sensors are tested to meet ANSI Standards 156.27. Failed safety and presence actuation sensors of the same type that currently exist on the Linacc door, that are required to bring the door into compliance, will be covered under the terms of the agreement.

h. Contractor will include any service calls required in addition to the planned maintenance calls provided herein, that occur during normal business hours (Monday through Friday, 8:00 a.m. – 5:00 p.m.), except for those that occur due to abuse and neglect.

i. Contractor will give priority to emergency service calls.

1.4. Maintenance Service Includes Cost of Parts and Supplies: The Contractor shall furnish and replace all equipment replacement parts and supplies. These parts and supplies are included in the price for maintenance services. The Contractor shall have ready access to all equipment parts, including unique and high morality replacement parts, to minimize downtime. Supplies include miscellaneous lubricants, miscellaneous fasteners, and cleaning supplies.

1.5. Maintenance Service Replacement Parts Quality: Only new standard parts (manufactured by the maker of the equipment or equal thereto) shall be furnished by the Contractor. Rebuilt parts, used parts, or those removed from the same model of equipment shall NOT be installed without prior approval of the COR. All parts supplied by the Contractor shall be of current manufacture and have complete versatility with the presently installed equipment. All parts shall perform identically to the original equipment specifications.

2. EMERGENCY SERVICES

2.1. Four Hour Emergency Response Required: The contractor should have the capability to provide emergency response to urgent service requests in under four hours’ notice.

2.2. Emergency Services are Optional Tasks Exerciseable by Government: Note that emergency services will be requested by the government if and as needed. As such, emergency service tasks will be issued on separate and individual task orders.

2.3. Quote and Authorization Required to Begin Work: The contractor shall provide a quote for review by the contracting officer, and shall not begin work without written or verbal authorization to commence work from a warranted contracting officer. The government will issue verbal authorization only when a written request would otherwise be impracticable under the circumstances.

2.4. Express Rejection of Task Order Required: An authorized emergency task order shall be considered accepted by the contractor, unless the contractor expressly states it is rejected within one hour of issuance, and no work has been performed.

2.5. Bidding Assumption Only – 15 Hours of Emergency Services Per Year: For the purposes of bidding, the vendor should assume 15 hours of emergency service will be required during each project year. See CLINS 1002, 2002, 3002, 4002, and 5002, in the Price/Cost Schedule in Section B.3, below.

3. REQUIRED REPORTING

3.1. Check-in with COR at Service Call Arrival and Departure: Contractor personnel are required to check in with the COR of the using service prior to starting work and check out at the end of the work day.

3.1. Service Summary Report: Upon completion of PM and service calls, the vendor will provide a written summary of all tasks accomplished, including any observations and recommendations concerning any associated equipment and systems.

3.2. Supply Operational and Technical Documentation: Document and make available to the government all operational and technical documentation necessary to meet the performance requirements of the contract, including any operational instructions, schematics, and parts lists.

3.3. List of Chemicals Used: Contractor will furnish a list to the COR, prior to performance of any work, the trade names (if any) and chemical names and strengths used of all chemicals, along with antidotes, that are used in performance of services.

3.4. Badging: All contractor personnel must have photo-identification and/or proper badging visible on their person while on VA premises.

3.5. Security: All vendors and visitors are subject to Federal Installation Security Requirements, including inspection of any containers, equipment or vehicles as required.

3.6. IT Security and Privacy Reporting: In accordance with VA Handbook 6500.6 titled Contract Security, this statement of work does not include any activity that pertains to VA sensitive information which is stored, generated, transmitted or exchanged by VA, a contractor, subcontractor or a third party, or on behalf of any of these entities regardless of format or whether it resides on a VA system or contractor or subcontractor’s electronic information system(s) operating for or on the VA’s behalf.

4. SERVICE TECHNICIAN MINIMUM QUALIFICATIONS

Service technicians who perform work on behalf of the contractor on this contract shall be known as Field Service Engineers (“FSEs”). Offerors shall provide qualified employees and provide detailed work experience and relevant certifications to this project as part of its proposal.

4.1. Minimum Training Required: Proposed employees to serve as project FSEs must have successfully completed a formalized training program for servicing doors described above.

4.2. Field Experience Required: Proposed employees to serve as project FSEs must have a minimum of two years of experience providing the types of services required under this contract.

5. QUALITY CONTROL PROGRAM

The Contractor should establish and maintain a quality control program that ensures that all requirements for the contract are fulfilled as specified.

6. PHOTOGRAPHS OF MRI VAULT DOOR

(Continued on next page.)

Figure 1. MRI Vault Door: Waiting Room View

Figure 2. MRI Vault Door: MRI Room View (Closed Door)

Figure 3. MRI Vault Door: MRI Room View (Open Door)

Figure 4. MRI Vault Door Plates: Manufacturer Plate

Figure 5. MRI Vault Door Plates: Baltimore VAMC Door ID Plate

B.3 PRICE/COST SCHEDULE

Quantities listed in CLIN 1002, 2002, 3002, 4002, 5002 are estimated only and are not guarantees. CLIN 1001, 2001, 3001, 4001, 5001 are firm quantities; if a task order is issued for these CLINS, it will be for the quantity specified.

This will be an Indefinite Delivery Indefinite Quantity Contract with the five-year ordering period broken down into five one-year project years, Project Years #1-5. Accordingly, funds will not be obligated on this contract at award; rather, funds are obligated via task orders issued against the contract. Task orders shall only be issued by a warranted VA CO. VA CO will issue task orders to the Contractor authorizing services via Standard Form 1449. Each task order shall clearly identify the dollar amount authorized under the individual task order and the period of performance of the individual task order. When a task order period of performance is completed, additional services shall not be provided unless a new task order is issued in accordance with the contract.

The minimum dollar amount guaranteed under this contract is $5,000.00. The maximum dollar amount or contract ceiling for this contract is $125,000.00. The maximum amount is not guaranteed. The combined total of all orders placed against this contract cannot exceed the maximum amount/ceiling of this contract.

The minimum guarantee will be awarded by task order (for CLIN 1001) concurrently with the award of the IDIQ.

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

12.00 MO __________________ __________________

Perform routine maintenance and repairs to the Baltimore VA Medical Center MRI door.

Ordering Period: Project Year #1 Begin: 1-16-2019 End: 1-15-2020

15.00 HR __________________ __________________

Provide emergency service as requested by the VA during Project Year #1. Note that as emergency services, they will be requested by the government if and as needed by the VA throughout Project Year #1, and at the discretion of the VA. Vendor shall provide materials at cost to the VA and shall provide a quote for services at the time of request. Requests may be made via telephone if the VA determines it is impracticable to provide a written request. Services should be provided as soon as possible but must not be later than within four hours of the request. For the purposes of bidding only, the vendor should assume 15 hours of services are requested during Project Year #1.

The VA however makes no guarantee this amount of service (or any amount of service) will be requested from the VA under this line item.

Ordering Period: Project Year #1 Begin: 1-16-2019 End: 1-15-2020 door.

Ordering Period: Project Year #2 Begin: 1-16-2020 End: 1-15-2021

ITEM

NUMBER

DESCRIPTION OF

Provide emergency service as requested by the VA during Project Year #2. Note that as emergency services, services under this CLIN will be requested by the government if and as needed by the VA throughout Project Year #2, and at the discretion of the VA. Vendor shall provide materials at cost to the VA and shall provide a quote for services at the time of request. Requests may be made via telephone if the VA determines it is impracticable to provide a written request. Services should be provided as soon as possible but must not be later than within four hours of the request. For the purposes of bidding only, the vendor should assume 15 hours of services are requested during Project Year #2. The VA however makes no guarantee this amount of service (or any amount of service) will be requested from the VA under this line item.

Ordering Period: Project Year #2 Begin: 1-16-2020 End: 1-15-2021 door.

Ordering Period: Project Year #3 Begin: 1-16-2021 End: 1-15-2022

Provide emergency service as requested by the VA during Project Year #3. Note that as emergency services, services under this CLIN will be requested by the government if and as needed by the VA throughout Project Year #3, and at the discretion of the VA. Vendor shall provide materials at cost to the VA and shall provide a quote for services at the time of request. Requests may be made via telephone if the VA determines it is impracticable to provide a written request. Services should be provided as soon as possible but must not be later than within four hours of the request. For the purposes of bidding only, the vendor should assume 15 hours of services are requested during Project Year #3. The VA however makes no guarantee this amount of service (or any amount of service) will be requested from the VA under this line item.

Ordering Period: Project Year #3 Begin: 1-16-2021 End: 1-15-2022 door.

Ordering Period: Project Year #4 Begin: 1-16-2022 End: 1-15-2023

ITEM

NUMBER

DESCRIPTION OF

Provide emergency service as requested by the VA during Project Year #4. Note that as emergency services, services under this CLIN will be requested by the government if and as needed by the VA throughout Project Year #4, and at the discretion of the VA. Vendor shall provide materials at cost to the VA and shall provide a quote for services at the time of request. Requests may be made via telephone if the VA determines it is impracticable to provide a written request. Services should be provided as soon as possible but must not be later than within four hours of the request. For the purposes of bidding only, the vendor should assume 15 hours of services are requested during Project Year #4. The VA however makes no guarantee this amount of service (or any amount of service) will be requested from the VA under this line item.

Ordering Period: Project Year #4 Begin: 1-16-2022 End: 1-15-2023 door.

Ordering Period: Project Year #5 Begin: 1-16-2023 End: 1-15-2024

Provide emergency service as requested by the VA during Project Year #5. Note that as emergency services, services under this CLIN will be requested by the government if and as needed by the VA throughout Project Year #5, and at the discretion of the VA. Vendor shall provide materials at cost to the VA and shall provide a quote for services at the time of request. Requests may be made via telephone if the VA determines it is impracticable to provide a written request. Services should be provided as soon as possible but must not be later than within four hours of the request. For the purposes of bidding only, the vendor should assume 15 hours of services are requested during Project Year #5. The VA however makes no guarantee this amount of service (or any amount of service) will be requested from the VA under this line item.

Ordering Period: Project Year #5 Begin: 1-16-2023 End: 1-15-2024

GRAND TOTAL __________________

B.4 INSTRUCTIONS FOR PROPOSAL SUBMISSIONS

1. Submission of Proposals in PDF format via email. A complete proposal shall contain three separate Adobe Acrobat documents submitted through email: (1) a cover letter clearly stating the offeror’s socioeconomic status, Tax ID Number, and a point of contact; (2) a technical proposal; and (3) a pricing offer.

2. Large file sizes limits. Due to file size limitations, it is recommended that vendors break up submissions so that total email transmissions are less than 20 megabytes. All files must be received by the submission deadline.

3. Submission Email Addresses. Proposals should be emailed with subject line “36C24519Q0030 – MRI Vault Door Maintenance Service Plan at Baltimore VAMC” to the following email addresses:

Keith Roberts, Contracting Specialist, keith.roberts@va.gov Bradley Davis, Contracting Officer, bradley.davis3@va.gov mailto:keith.roberts@va.gov mailto:bradley.davis3@va.gov

4. Technical Proposal and the Pricing Offer are Mandatory. Any offeror submission that does not include both a technical proposal and a pricing offer will be considered a nonresponse, will receive a failed rating, and will not be given further consideration.

5. Inquiries by Email Only. All inquiries concerning this solicitation must be made in written form via email. No phone calls will be accepted.

6. Technical Acceptability Checklist. The Government will evaluate the technical acceptability of each offer using the Technical Evaluation Criteria listed in Section D.

7. Question Cutoff Deadline. All questions are to be submitted by email by no later than Monday, January 7, 2019, 9:00 a.m. EST.

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS (OCT 2018)

(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 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 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the 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; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to 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 ITEMS

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

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

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

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

https://www.acquisition.gov/browse/index/far (FAR) https://www.va.gov/oal/library/vaar/ (VAAR)

(End of Clause)

FAR

Number

Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

JUL 2016

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

DEC 2013

C.3 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR

INFORMATION SYSTEMS (JUN 2016)

(a) Definitions. As used in this clause—

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures. (1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems.

Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of Clause)

C.4 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 1/16/19 through 1/15/24.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause)

C.5 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $100.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $25,000.00;

(2) Any order for a combination of items in excess of $25,000.00; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph

(b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 30 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.6 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the expiration date of the last order.

(End of Clause)

C.7 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause)

C.8 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the

Contractor’s…