36C24522Q0290 RFQ.docx

36C24522Q0235

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. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C24522 Q0290 2-01-2022 Anna Forsythe 410-691-7312 2-08 -2022

12:00PM

EST

Department of Veterans Affairs VA Maryland Health Care System Contracting Officer (90C) 849 International Drive Linthicum MD 21090 X 511210 $41.5 Million N/A X Department of Veterans Affairs VISN 5 Locations As listed in SOW

Department of Veterans Affairs VA Maryland Health Care System Contracting Officer (90C) 849 International Dr Linthicum MD 21090

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 VISN 5 enterprise Mammography Information Solution Provide a quote for the requirement as described.

Please provide detailed pricing; a lump-sum/ single line item quote will not be considered.

Questions due, via email, by Feb 04 , 2022. Email to anna.fitzgerald@va.gov Solicitation closes 2/08 /2022 at 12:00PM EST Email all responses to Contracting Officer at anna.fitzgerald@va.gov X X X Anna Forsythe Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C245 Department of Veterans Affairs VA Maryland Health Care System Contracting Officer (90C) 849 International Drive Linthicum MD 21090

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.

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:

Page 1 of Page 1 of

I. VISN 5 ENTERPRISE MAMMOGRAPHY INFORMATION SOLUTION STATEMENT OF WORK

A. INTRODUCTION

This document outlines the VISN 5 requirements for the vendor to furnish and install a VISN 5 enterprise Mammography Information Solution and services. The proposed Mammography Information Solution will enable radiologists and clinical staff to better manage the VISN 5 Mammography program.

By responding to this solicitation, the vendor acknowledges understanding that VISN 5 has substantial interface requirements between the proposed Mammography Information Solution and the Veterans Health Information and Systems Technology Architecture (VistA). VistA serves as the radiology information system as well as the electronic medical record provider for VISN 5.

The proposed Mammography Information Solution shall provide functionality as described in this document to every facility in VISN 5. Implementation of the proposed Mammography Information Solution will be managed through a phased deployment to maximize organizational learning and VISN 5 project management resources. Each phase of the project must be coordinated with the assigned VISN 5 Primary Contracting Officer’s Technical Representative (COTR) and will be discussed in detail with the vendor during the pre-work orientation.

The vendor shall be responsible for providing all services associated with the furnishing and installation of the proposed Mammography Information Solution. The vendor shall provide training, system maintenance, and data exchange throughout each facility in VISN 5. Upon completion of the installation, testing, and training, VISN 5 will have a state of the art Mammography Information Solution.

B. LOCATION OF VISN 5 FACILITIES

Sites in VISN 5 that have mammography units on site:

VA Maryland Healthcare System (Baltimore) 10 N Greene St Baltimore, MD 21201

Louis A. Johnson VA Medical Center (Clarksburg) 1 Medical Center Drive Clarksburg WV 26301

Off-site Radiologist Reading location:

Betty Puskar Breast Care Center 1 Medical Center Drive box 8064 Morgantown, WV 26506

Washington DC VA Medical Center (Washington DC) 50 Irving Street, NW Washington DC 20422

C. PROJECT MANAGEMENT

· The proposed solution shall provide a single service account manager for VISN 5

· The proposed solution shall provide project management to include:

· Software, network, and implementation planning

· Timeline

· On-site installation and implementation

· Hand off fully functioning Mammography Information Solution

D. CLINICAL FUNCTIONALITY

· Patient Registration

· The proposed solution shall include patient/family history features.

· Describe the proposed solutions Patient/Family History features including

· Provide example of forms provided to the patient for collecting Patient/Family History information

i. Can these forms be pre-populated with information from the proposed solution?

· Provide screenshots of the Patient/Family History section from the proposed solution

· The proposed solution shall have the capability to allow Radiologist Technologist comments to be entered.

· Describe how Radiologist Technologist comments can be entered and communicated with the proposed solution

· The proposed solution shall have the ability to auto update patient demographics upon registration

· Reporting

· The proposed solution will be capable of:

· Generating the Radiology Report

· Transmitting the Radiology Report to VistA/CPRS

· Utilize the voice recognition component of PowerScribe 360

· Creating Radiology Report Addendums

· The proposed solution shall have the capability of providing a radiologist worklist

· Describe the proposed solutions Radiologist Worklist capabilities

· Provide screenshots of the proposed solutions Radiologist Worklist

· The proposed solution shall integrate with Hologic and GE Mammography workstations.

· Describe the proposed solutions integration with Mammography Workstations

· Describe any recurring annual integration, licensing, or other cost associated with maintaining the integrating with the GE or Hologic Mammography Workstations.

· The proposed solution shall integration with PowerScribe 360

· Describe how the proposed solution utilizes the voice recognition component of PowerScribe 360

· Describe any recurring annual integration, licensing, or other cost associated with maintaining the integrating with PowerScribe.

· The proposed solution shall integration with VistA/CPRS

· Describe how Radiology Reports are transmitted to VistA/CPRS

· The proposed solution shall include diagnostic BI-RADS Codes in the HL7 report message

· The proposed solution shall have reporting template capabilities

· Describe creating a negative screening mammography report

· How many steps are required to complete this report?

· The proposed solution shall be used for support for the following breast examinations

· MRI

· Ultrasound

· The proposed solution shall include Breast Cancer Risk Assessment

· Must include the Tyrer Cuzick risk management module

· List any additional risk management modules that are sources utilized for the Breast Cancer Risk Assessment

· List the sources included with the proposed solution

· List the sources that are optional and any associated licensing cost

· The proposed solution shall have the ability to turn on and off the different risk management modules

· The proposed solution shall provide a dashboard of the Breast Cancer Risk Assessment that is customizable (i.e. different risk modules can be turned off and on

· Describe how the Radiologist is informed of the Breast Cancer Risk

· Provide screenshots of how the Radiologist would view the Breast Cancer Risk

· The proposed solution shall have the ability to document physical findings

· Describe how physical findings can be documented in the proposed solution

· Describe the proposed solutions ability to import and view scanned documents

i. For example:

1. Radiology Reports

2. Pathology reports for biopsies

· Tracking

· The proposed solution shall have the ability to create a patient follow-up report.

· Describe the proposed solutions ability to create a patient follow-up report

· Describe the different actions that can be driven from the follow-up report

· Describe the different actions that will remove the patient from the follow-up report

· The proposed solution shall have a method for sending results letter to Patients.

· Describe the proposed solutions method for sending a results letter to Patients

· Describe the different triggers that can be utilized to initiate sending the results letter

· Can the results letters be turned off for example by facility?

· Can the results letter be customized by facility?

· Can the results letters be edited by the facility “on the go’?

· The proposed solution shall have the ability to send the results letter to CPRS via HL7.

· The proposed solution shall have the ability to track patient complaints

· Describe the proposed solutions ability to track patient complaints

· QA and QC

· The proposed solution shall have the capability for quality assurance and compliance.

· Describe the proposed solution capabilities for assisting VISN 5 to be in compliance with the Mammography Quality Standards Act and Program (MQSA)

· Are second reads allowed to maintain Radiologist credentialing?

· Analytics and Reports

· The proposed solution shall have the ability to provide analytics and reports

· Provide samples of all supported reports

· Provide information on the types of business analytics tools available for data mining

· The proposed solution shall include a minimum of the following report types:

· Medical Audit data

· High risk patient follow up report

· Performing clinician workload report

· Pathology outcomes profile

· Risk factors reports sent to clinicians

· Anonymize the false negative /positive list

· BIRAD 0/Recall report and follow up

· All reports should be limited to a group of users on a need to know basis

· The proposed solution shall include an automated tissue density integration package

· The proposed solution shall include an interface with EQUIP

· Provide references of where the proposed solution is installed with EQUIP at a VA

E. TECHNICAL FUNCTIONALITY

· The proposed solution should be an enterprise deployment with the ability to manage at the facility level.

· The proposed Mammography Information Solution being offered shall be non-developmental, i.e. commercially available, in current production as of the date this offer is submitted. For purposes of this solicitation, “current production” shall mean that the proposed Mammography Information Solution is deployed in several customer clinical production environments similar to VISN 5 (i.e. VA sites).

· Specify the proposed server and client software versions.

· List the actual major and minor releases, including dates, for the past two years for the proposed Mammography Information Solution.

· List any 3rd party software components included in the proposed Mammography Information Solution and whether the cost is included in the proposed licensing models.

· For any 3rd party software components, describe the business and technical agreements that are in place to ensure ongoing support and development.

· List all database(s) that are used for the proposed Mammography Information Solution.

· Requirements for upgrading the client software:

· Can this be performed in the background without user intervention?

· All user preferences must be retained during upgrades.

· VISN 5 requires a comprehensive disaster recovery plan to ensure data integrity and restoration.

· There shall be a process for performing automated system backups.

· There shall be a process for restoring system backups.

· The proposed Mammography Information Solution shall include a test system that replicates the production environment. This test system will be used for validating software upgrades, new modalities, and integrated applications. The physical location for the test system will be in Baltimore.

· Provide recommended hardware specifications and network requirements for the following:

· Main production system

· Workstation, including specifications regarding graphic cards and monitors

· Test server

· Provide a completed copy of the Manufacturer Disclosure Statement for Medical Device Security (MDS2).

· Provide a completed copy of the VA Form 6550.

· The proposed solution shall provide the ability for patient context exchange and synchronization between PACS/Imaging/Radiology/Dictation application and mammo tracking software

F. LICENSING MODELS

· The proposed solution shall include a licensing model that will accommodate the following users and their functions:

VISN 5

station

· Provide cost for adding 1 concurrent user

G. IMAGING ORDERS AND REPORTS

· Imaging orders are entered into the VistA Radiology Package.

· Within VISN 5, there are six separate instances of VistA HL7 feeds.

· The VistA Radiology Package will be the source for all orders, patient and study information.

H. VISN 5 ENTERPRISE RADIOLOGIST WORKLIST

· The VISN 5 Enterprise Radiologist Worklist, herein referred to as Radiologist Worklist, is to provide any radiologist a single view of VISN 5 mammography studies in need of interpretation.

· The proposed solution shall include filter parameters that include at minimum VISN 5 facilities.

· Please list the display columns headings available for the VISN 5 Enterprise Radiologist Worklist

· Are the column headings configurable by

· User

· Groups

· Facility(s)

· Are VISN 5 Enterprise Radiologist Worklist display filters and display columns changes easily saved by the radiologist?

· Describe the sorting capabilities including multilevel sorts on the VISN 5 Enterprise Radiologist Worklist.

· Provide a screenshot of how a typical VISN 5 Enterprise Radiologist Worklist would appear to a radiologist.

· If a study is sent to an external Teleradiology service for interpretation, is the study automatically removed from the VISN 5 Enterprise Radiologist Worklist?

· After a radiologist completes or closes a study, is it possible for the next study to be displayed automatically or does the radiologist need to return to VISN 5 Enterprise Radiologist Worklist to go to the next study?

· The proposed solution shall have the ability to create new worklists in addition to those provided.

I. IMPORTING HISTORICAL RADIOLOGY REPORTS

· The proposed solution shall include the migration of studies from the current Mammography information system for all prior studies.

· This includes the migration of studies from the 3 separate MRS databases:

· Baltimore - MRS 7 QA+

· Washington DC - MRS 7 Standard

· Clarksburg - MRS 7.3.251.0

J. PERFORMANCE

· The proposed solution shall include an uptime guarantee of a minimum uptime of 95%.

· Provide your uptime guarantee for the proposed Mammography Information Solution.

· How is uptime defined?

· How is uptime measured?

· What is considered downtime?

· Detail any contractual consequences for failure to meet the uptime guarantee.

· The proposed solution shall have the performance capability to remain active during database maintenance jobs or other server activities.

K. USER AND GROUP FUNCTIONALITY

· The proposed solution shall support application authentication using Single Sign-On (SSO) or Lightweight Directory Access Protocol (LDAP) via PIV/CAC cards.

· Provide the number of government deployments that you currently have that support SSO or LDAP via CAC/PIV.

· The proposed solution shall provide the capability to develop user groups with distinct privileges/permissions.

· Describe the available default user groups on the proposed Mammography Information Solution and the privileges/permissions allowed for each group.

· Can the permissions for the default user groups be modified by a PACS administrator?

· Can a group be created to limit access to confidential information?

L. HEALTH LEVEL SEVEN (HL7) INTEGRATION

· The proposed solution shall provide HL7 integration to VistA.

· Provide HL7 integration statements for all included components of the proposed Mammography Information Solution.

· The proposed solution must meet the qualification process for the VA VistA HL7 interface.

· Provide documentation in support of this qualification and clarify any issues identified.

M. DIGITAL IMAGING AND COMMUNICATIONS IN MEDICINE (DICOM) INTEGRATION

· Provide DICOM Conformance Statements for all included products.

N. CUSTOMER TRAINING

· The proposed solution shall include clinical, technical and PACS administrator training as specified below.

· Clinical-User Training

· The vendor shall provide clinical training on the proposed Mammography Information Solution and its operation.

· Clinical users of the proposed Mammography Information Solution will include, but are not limited to, the following:

· Radiologic technologist

· Radiologist

· Upon completion of training, clinical users will be able to successfully utilize all available features with minimal or no assistance from a VA or vendor super user.

· PACS Administrator Training

· The vendor shall provide power-user and system administrator training for operational support of the proposed Mammography Information Solution.

· PACS administrators are radiologic technologists with PACS, computer and network expertise.

· Upon completion of training, the PACS administrator will be able to:

· Act as the local super user for the clinical users

· Act as the local trainer for the clinical users

· Resolve the top ten most common user questions

· Create and manage user accounts

· Install and configure the client application for a new user

· Monitor system utilization

· Manage other day to day tasks required for the system

· Biomedical Engineer Training

· The vendor shall provide biomedical engineer training for implementation and operational support for the proposed Mammography Information Solution.

· Biomedical engineers are technical medical equipment specialists with PACS, hardware, software and network expertise.

· Upon completion of training the biomedical engineers will:

· Act as the local system expert

· Understand the functions of each system’s components

· Be able to start the system, including the different services that make up the proposed Mammography Information Solution

· Locate and review application logs

· Install and configure the client application for a new user

O. CUSTOMER SUPPORT

· The proposed solution shall provide 24/7 Customer Support including software obsolescence, major upgrades, revisions, patches and fixes for year one.

· The vendor shall provide remote technical and clinical applications support for year one.

· The vendor shall utilize the VA national site-to-site VPN.

· The vendor shall work with the VA Office of Cyber and Information Security and VISN 5 Information Security Officers to establish a MOU/ISA.

· The proposed solution shall include a response time via phone of within 60 mins and on-site service within 24 hours from time of request.

P. REFERENCES

· Provide a list of multi-hospital implementations with a similar number of facilities and annual volumes as VISN 5 that are current or former users of the proposed Mammography Information Solution.

· Provide VA reference showing HL7 interface success

· Each reference should include the following details:

· Customer contact information

· Primary customer contact name

· Business title

· Address

· Phone

· Email

· Number of facilities

· Annual study volume

· Licensing model

· System architecture

· Version of software installed

· Number of end users

· Original delivery schedule

· Final delivery schedule

· Contractor’s self-assessment of performance and results

VHA Supplemental Contract Requirements for Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors

1. Contractor employees who work in or travel to VHA locations must comply with the following:

a. Documentation requirements:

1) If fully vaccinated, shall show proof of vaccination.

i. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

2) If unvaccinated and granted a medical or religious exception, shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test.

3) Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

4) Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

2. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates.

a. Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

3. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

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

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

C.2 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.] [] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[X] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[X] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[] 852.233–70, Protest Content/Alternative Dispute Resolution.

[] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[X] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause) C.3 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes the clause: 852.215-70 Service-disabled veteran-owned and veteran-owned small business evaluation factors. Accordingly, any contract resulting from this solicitation will include the clause 852.215-71 Evaluation factor commitments.

(b) The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) to assist in assessing Contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the Contractor's business records or other proprietary data to review such business records regarding contract compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor compliance with the subcontracting commitments.

(End of Clause)

C.4 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):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

(End of Addendum to 52.212-4)

C.5 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021) (JUL 2020) (DEVIATION)

(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 items:

(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 and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115–232).

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

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 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 items:

[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (JUN 2020) (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) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved] [] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

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

[] (10) [Reserved] [] (11)(i) 52.219-3, Notice of…