36C24619Q0808-000.docx

36C24619Q0808 FedBizOpps Combined Synopsis/Solicitation Notice

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* = Required Field FedBizOpps Combined Synopsis/Solicitation Notice Rev. March 2010

LYNX PANIC ALARM SYSTEM

This is for mulitple locations - the Salem VAMC campus and satellite facilities.

23667 36C24619Q0808 08-01-2019 N 561621 Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667 Chellry Whittier chellry.whittier@va.gov Kimberly Pauley kimberly.pauley @va.gov Department of Veterans Affairs Salem VAMC 1970 Roanoke Boulevard Salem, VA 24153 chellry.whittier@va.gov chellry.whittier@va.gov This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, Streamlined Procedures the Solicitation for Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation RFI are being requested, and a written solicitation document will not be issued.

This solicitation is a request for quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-99. The associated North American Industrial Classification system (NAICS) code for this procurement is 561621, with a small business size standard of $2.5M.

The purpose of the Salem VAMC – Network Panic Alarm System project is to expand and enhance the VA’s ability to initiate, identify/locate, communicate and respond to a variety of duress and other related alert conditions that [may] occur throughout the Salem VAMC campus and its satellite facilities. This project includes the installation of duress activation and display LYNX software onto approximately 2,300 existing computer workstations, all connected over the existing VA network to a virtual server set-up and maintained by the VA.

Offerors shall submit their quote on the attached pricing schedule and shall comply with all instructions contained in FAR 52.212-1, Instructions to Offerors Commercial Items, with addenda: paragraph (c) change 30 to 60. The provisions at 52.212-2, Evaluation Commercial Items, add, Award Basis: The following factors shall be used to evaluate offers: technical, delivery, and price. Technical and delivery combined is more important than price. A completed copy of the provision at 52.212-3, Offeror Representations and Certifications - Commercial Items shall be included with the offer. Quotes must be received no later than 11:30 a.m. (EST), August 01, 2019. Submit quotes via email to Chellry.Whittier@va.gov

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8. OFFER DUE DATE/LOCAL

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9. ISSUED BY

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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

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CODE

16. ADMINISTERED BY

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17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

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TELEPHONE NO.

DUNS:

DUNS+4:

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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

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SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

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AMOUNT

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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. A

DDENDA

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 IDENTIFIE

D 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

685-19-3-5130-0647 36C24619Q0808 07-09-2019 Chellry Whittier 757-728-7125 08-01-2019 11:30 Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667 X X 561621 $20.5 Million N/A X Department of Veterans Affairs Salem VAMC 1970 Roanoke Boulevard Salem VA 24153 Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

Department of Veterans Affairs Financial Services Center

PO BOX 149971

Austin TX 78714-9971 See CONTINUATION Page This requirement is for several locations:

Salem VAMC- 1970 Roanoke Boulevard, Salem, VA 24153 Danville CBOC-705 Piney Forest Road, Danville, VA 24540 Lynchburg CBOC-1600 Lakeside Drive, Lynchburg, VA 24501 Staunton CBOC -102 Lacy B. King Way, Staunton,VA 24401 Tazewell CBOC-141 Ben Bolt Avenue, Tazewell, VA 24621 Wytheville CBOC-165 Peppers Ferry Road, Wytheville, VA 24382 Roanoke VA Vet Center-1401 Franklin Rd SW, Roanoke, VA 24016 See CONTINUATION Page X 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 36C246

Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

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.

Department of Veterans Affairs Financial Services Center

PO BOX 149971

Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

Page 1 of Page 1 of Page 1 of Page 1 of Statement of Work LYNX Panic Alarm System (Salem, Virginia)

1. INTRODUCTION

Background: The Salem Veterans Affairs (VA) Medical Center is currently looking for a Facility-wide, Network based, Duress and Emergency Notification System. Due to the sometimes-dangerous work environment of a medical setting, it has been determined that providing all employees with duress alarms would create a safer work environment. Emergency Notification is also a requirement necessary to alert employees of a potentially dangerous situation. Currently, panic alarms are limited to certain departments. These panic alarm panels have reached their limits and cannot support any more alarms. It has become necessary that the Salem VA look at other avenues to support the need for more duress alarms. It has become necessary that a new Mass notification system be implemented that will allow for a speedier, more reliable form of notification.

Purpose: The purpose of the Salem VAMC – Network Duress & Alert System project is to expand and enhance the VA’s ability to initiate, identify/locate, communicate and respond to a variety of duress and other related alert conditions that [may] occur throughout the Salem VAMC campus and its satellite facilities.

Scope Overview. This project includes the installation of duress activation and display LYNX software onto approximately 2,300 existing computer workstations, all connected over the existing VA network to a virtual server set-up and maintained by the VA.

Locations. The Salem VAMC campus and satellite facilities currently included within this project scope are listed below:

1. Salem VAMC – located at 1970 Roanoke Boulevard, Salem, VA 24153

2. Danville, VA CBOC, located at 705 Piney Forest Road, Danville, VA 24540-2860

3. Lynchburg, VA CBOC, located at 1600 Lakeside Drive, Lynchburg, VA 24501-3116

4. Staunton, VA CBOC located at 102 Lacy B. King Way, Staunton, VA 24401-4594

5. Tazewell, VA CBOC, located at 141 Ben Bolt Avenue, Tazewell, Virginia 24651

6. Wytheville, VA CBOC, located at 165 Peppers Ferry Road, Wytheville, VA 24382-2070

7. Roanoke, VA Vet Center, located at 1401 Franklin Road, Roanoke, Virginia

Scope of Work: This contract will be limited to Salem VA Medical Center, Danville, VA CBOC, Lynchburg, VA CBOC, Staunton, VA CBOC, Tazewell, VA CBOC, Wytheville, VA CBOC, and Roanoke, VA Vet Center. This contract will cover installations to include turn-key server PC with software, computer, licenses, and onsite training for dispatchers and Police Service.

This installation must provide LYNX software to support 2,300 computers for both duress alarms and mass notification, for a total of 2,300 licenses with room for expansion as needed.

The LYNX System is a network and computer-based duress and emergency notification system. The LYNX series of products are primarily software-based, using dual-keyboard (F9 – F11) activation of duress conditions which are distributed to pre-determined “dispatch” computers on the network as “pop-up” alerts. Duress alarms and other types of messages can also be transmitted [optionally] to cell phones (as text-messages) along with pagers and via email. The LYNX system also supports patent-pending desktop USB panic buttons, network-based panic buttons and wireless panic buttons. LYNX also has several software modules and other hardware components available to enhance the functionality and effectiveness of the duress and emergency notification system.

For this project, the proposed LYNX solution includes computer/keyboard-based duress alarm notifications within the Salem VAMC Campus and six (6) satellite facilities.

Computer Workstations/Software:

1) LynxServer Software (only) – deployed in VA Virtual Server / Hosted Environment 5000 Server-Seats (network-connected software-client functions or devices) along with the first 200 LynxKeyPro client licenses)

2) First 200 LynxKeyPro Clients (included with LynxServer)

3) Eighty-four (84) Additional LynxKeyPro 25-Seat License Packs (Adds 2300 Clients)

4) 4600 Keyboard Labels (two per client workstation)

5) Vendor coordination with VA OI&T department for system configuration & setup

6) 1-Day LYNX Onsite Training – to be provided by the vendor

7) Keyboard Labels: 4600 keyboard Labels (two per workstation, either blank red background or with the word “PANIC” in white text on red background) (The labels will be displayed on the F9 and F11 keys on every keyboard.

8) Vendor to provide support for Architecture Programming, Set-up and Testing

This design will include the basic feature set, featuring a 5k enterprise server software license (VA to provide virtual server). This includes (2,300) seats for various Lynx functions, to include the LynxKeyPro and icon and hardware integration.

- Remote and on-site technical assistance for the deployment.

- The vendor will provide a turnkey installation, to include an estimated of one week of on-site support and additional off-site assistance to help the VA OIT organization with the installation. In addition, the vendor will include professional services time directly from the manufacturer to complete the software push to the remote workstations.

Product and Installation Recommendations

Lynx Server Software reference https://www.oit.va.gov/Services/TRM/ToolPage.aspx?tid=11663#

LynxClient Software reference https://www.oit.va.gov/Services/TRM/ToolPage.aspx?tid=6034#

The Server the VA provides can be virtual and be a “VA Golden Image Server” with all the security patching and policies that fall in line with VA Standards. The Lynx Server software will be installed by Lynx Technical Support. The Lynx Software requires a SQL database, which can be hosted remotely on one of the VA’s SQL 2014 consolidated servers. IT will need to request a Service Account to facilitate the connection between the Lynx Application Server and the SQL Database hosted by the VA on the remote server. An additional ePAS request will be required to add the Service Account into the Local Administrators Group on the Lynx Application Server. Only DBO permission to the Lynx DB is required for the Service Account.

1st Year Service & Support Agreement, including (1) access to the telephone support - provided directly by the Vendor from 8:00 a.m. – 5:00 p.m. M-F, along with emergency telephone support, (2) product software updates (both minor and major releases), (3) online support response, online GoToMeeting training

Specific Tasks

Job Description: This work will involve a Facility-wide, Network based, Duress and Emergency Notification System. These emergency alarms must instantly alert PCs with “PopUps.” The Mass notification system must be able to send “PopUps” to computers, text messages to cell phones, pagers and email. The panic alarms will be network connected. It is necessary that staff be responsible to test their panic alarm monthly, and that testing reminders popup when the user logs in.

Workstation Operation: It is required that the software function allows a user to send messaged from the PC keyboard when the PC is logged ON, OFF, or LOCKED. It requires that the panic alarm be a two key alarm combination, with red “Panic” labels included for marking the keyboard.

Alarm Testing: It is required that the user of the PC be responsible for testing their panic alarm monthly. It is also required that the system send reminder notifications to ensure testing is completed. The vendor will provide a way for the Police Communication Center the capability to printed copies on monthly alarm testings.

Training: It is required that training be provided for all users, programmers/managers, and technical staff.

Performance Expectations

Upon completion of this project, it is expected that:

1. The new software system will support 2,300 licenses with the ability for expansion as needed.

2. Panic Alarms are instantly received at the Salem VAMC dispatch center and Police Services.

3. Emergency Notification system can instantly alert PC’s and send messages via text, pager and email.

A. Contractor Furnished Property and Supplies - The contractor shall furnish and maintain all items and equipment necessary to perform work required by this contract.

B. Government furnished supplies - Government will provide computers that will be used at the dispatch center to run the panic alarm/emergency notification system.

C. Performance Requirements - A post award conference will be held at a time and place designated by the Contracting Officer to be attended by the Contractor, the Contractor’s supervisor, the Contracting Officer’s Technical Representative, and other officials designated by the Contracting Officer. The conference agenda will include as a minimum:

1) Performance requirements

2) Uniform and accessory requirements

3) Government furnished property and services

4) Certification of personnel qualifications

5) Contractor furnished property and services

6) Quality assurance

D. Personnel Security Requirements - All contractor employees who require access to perform services for the Salem Veterans Affairs Medical Center and its satellite properties shall be the subject of favorably adjudicated Special Agreement Check (SAC)- 10 fingerprint check and/or National Agency Check with Written Inquiries (NACI) based on the number of aggregate or consecutive days of required access per year.

1. Contractor Responsibilities

a. The contractor shall prescreen all personnel requiring access to the Medical Center.

b. After contract award and prior to contract performance, the contractor shall submit a letter to the Contracting Officer and Chief of Police providing the following information:

1) List of names of contractor personnel.

2) Social Security Numbers of contractor personnel.

3) Dates of birth of contractor personnel.

4) Current home addresses of contractor personnel.

c. Contractor is responsible to update lists as changes in personnel occur.

d. The contractor, when notified of an unfavorable determination by the Government, shall withdraw the employee from consideration to work under the contract.

e. Failure to comply with the contractor personnel security requirements may result in termination of the contract for default.

2. Government Responsibilities

a. After receiving and reviewing the contractor’s list of employees the VA Police Service will schedule the contractor employees for appropriate PIV processing.

Items of Work to be Provided & Performed by VA

This proposal is based on the following items begin provided and performed by VA OI&T & VA Police in support of the implementation of the Salem VAMC - LYNX Network Duress & Alert System:

1. VA Police shall designate a “System Owner” of the LYNX system (prior to project kick-off) who will be responsible to define and program instructions on emergency messages and procedures that will be associated with keyboard duress alarms, coordinate with VA-OI&T and the various user-groups regarding setting up activation and alert distribution, installation of keyboard stickers, etc.

2. VA OI&T shall designate an “Technical Liaison” for the LYNX system who will be responsible for all IT-aspects of the LYNX-Server software implementation within a virtual server environment, assignment of IP addresses, support of TycoIS’ software installation and distribution and testing of all workstations (specifically providing full administrative rights to the TycoIS application engineering team), supporting the LYNX-team regarding activation and programming, etc.

3. VA OI&T shall contract with their existing virtual services vendor for all associated fees necessary to build the virtual server environment (all virtual hardware and OS, per the attached specifications) that will host the LYNX-Server software

4. VA OI&T shall provide one (1) static IP address for the LYNX server software and shall operate the LYNX server within the existing VA network Domain

5. VA OI&T shall provide one (1) static IP for every LYNX network device (e.g. Code Silver Station) with associated network connectivity (e.g. available port on the nearest LAN switch). NOTE: all duress-alarm workstations may use their existing DHCP addresses

6. VA OI&T shall open firewall ports 80 and 10117-10119 open to facilitate Lynx communications on the customer’s network. Note: The Lynx messenger communication port is not configurable.

7. VA OI&T shall provide a hardcopy list and/or electronic file of all computer names and locations for populating the Macro lookup table

8. The LYNX System can use active directory for log in authentication if necessary

9. LYNX client software is an MSI and can be remotely distributed with a software distribution (i.e. “push-down”) tool. The LYNX software will be implemented in two (2) stages: [Stage-1] Initial test/trial on a limited number of clients (e.g. between 10-15) and [Stage-2] after successful testing and operation is established, full-scale to all other client locations

10. Please note, virus scanners do not interfere with the LYNX software.

The Contractor will provide the equipment necessary for the installation of this project.

APPLICABLE DOCUMENTS

The following documents form a part of the requirements of this Statement of Work to the extent specified

Note: All work shall comply with VA departmental construction standards, NFPA Codes including NEC, industry standards and applicable manufacturer's installation and user manuals.

Project Management - The contractor shall perform all management tasks that are required to perform the tasks identified herein in accordance with the established schedule and to report the status/progress of these tasks to the local VA point-of-contact and the VA COR.

Planning - The contractor shall develop and maintain a project plan that identifies tasks to be performed and the resources, facilities, tools, and materials needed to accomplish these tasks effectively. The plan shall explicitly include task dependencies so that the impact of a delay in completing any task can be readily identified.

Personnel - The contractor shall provide, schedule, supervise, and manage all personnel required to perform the tasks required by this statement of work. The contractor shall ensure that all personnel are properly trained and licensed for the work that they are assigned. The contractor shall coordinate all requirements for escorts with the local VA designated point-of-contact at least one week in advance of required access. All contractor personnel shall comply with facility requirements for sign-in and badge display. The contractor shall promptly remove and replace any of its personnel who do not comply with VA requirements. The contractor shall be responsible for any delays or other impact due to misconduct on the part of its employees or subcontractors.

Reporting - The contractor shall regularly report project status, progress and issues to the VA COR during the term of this contract. Reporting shall be on a weekly basis during the installation phase.

Licenses and Regulations - The contractor shall ensure that the company and all assigned personnel have appropriate background investigations in accordance with VA requirements, licensed in accordance with state and local requirements, and that all work performed complies with applicable regulations and codes. In addition, contractor will coordinate with the COR to insure that all personnel are in possession of a non-PIV card prior to work start.

Quality Assurance

The contractor shall perform all tests, inspections, and other actions that are required to verify that products, documents, and services meet the requirements of this Statement of Work, project objectives, and best commercial practices. The contractor shall maintain records that document the performance of quality assurance tasks and shall provide these records to VA on request.

Vendor must provide a 1-year parts/support warranty on all equipment for the computer/security system.

Vendor will ensure all wall penetrations, if any, are filled with appropriate fire-stop material. Contractor must coordinate inspections of penetrations with VA personnel.

Constraints: Contractor must pre-notify the COR and Police Service if work is to be conducted during non-normal duty hours (i.e. evenings, nights, weekends, etc.).

Vendor must be able to respond within 2-hours when there is a reported problem or systems’ failure with the security system.

Address of Facility:

1. Salem VAMC – located at 1970 Roanoke Boulevard, Salem, VA 24153

2. Danville, VA CBOC, located at 705 Piney Forest Road, Danville, VA 24540-2860

3. Lynchburg, VA CBOC, located at 1600 Lakeside Drive, Lynchburg, VA 24501-3116

4. Staunton, VA CBOC located at 102 Lacy B. King Way, Staunton, VA 24401-4594

5. Tazewell, VA CBOC, located at 141 Ben Bolt Avenue, Tazewell, Virginia 24651

6. Wytheville, VA CBOC, located at 165 Peppers Ferry Road, Wytheville, VA 24382-2070

7. Roanoke, VA Vet Center, located at 1401 Franklin Road, Roanoke, Virginia

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

LYNX Network Duress and Alert System, Phase I, to be installed at the Salem VA Medical Center, in Salem, VA, and the six regional Satellite (Clinical Based Outpatient Clinics - CBOC's), and Vet Center. 1. Salem VAMC - Entire Campus 2. Danville, VA CBOC 3. Lynchburg, VA CBOC 4. Staunton, VA CBOC 5. Tazewell, VA CBOC 6. Wytheville, VA CBOC 7. Roanoke, VA Vet. The proposed LYNX solution includes computer/keyboard-based duress alarm notifications within the Salem VAMC Campus and six (6) satellite facilities. In the future, a 2nd phase of work may include the addition of network-connected "Code Silver" stations located in central areas throughout the campus. Details: The pricing for the Salem VAMC - LYNX Network Duress & Alert System is as follows: 3.1 LYNX System - Phase 1: Computer Workstations Compass Estimate Number: Future Includes: LynxServer Software (only) - deployed in VA Virtual Server / Hosted Environment 5000 Server-Seats (network-connected software-client functions or devices) First 200 LynxKeyPro Clients (included with LynxServer) Eighty-four (84) Additional LynxKeyPro 25-Seat License Packs (Adds 2100 Clients) 4600 Keyboard Labels (two per client workstation) JCSS Coordination with VA OI&T department for system configuration & setup 1-Day LYNX Onsite Training - by Micro-Technology Services, Inc. JCSS Support for Architecture Programming, Set-up and Testing 3.2 Annual Service and Support Agreement ............................. Included [Partial] 1st Year Annual value of the future Service and Support Agreement (SSA), with the effective start date to be start of the next fiscal year following the completion of the LYNX system setup and activation. 3.3 LYNX System - Code-Silver Stations / Other Options .............................. Future Phases Compass Estimate Number(s): Future Includes: Provision and Installation Code Silver Workstations (Qty. TBD) & Other Options Installation of network cabling, receiver, repeater stations within specified facilities Coordination with VA OI&T for network connectivity, system configuration setup NOTES: 1. ROM pricing is non-binding and represents JCSS' best estimate at this time, based on our current understanding of the project scope as well as our knowledge of the existing field conditions at these facilities.

LOCAL STOCK NUMBER: LYNK

B.3 DELIVERY SCHEDULE

VAMC Salem 1970 Roanoke Blvd.

Salem, VA 24153 6404

USA

1.00

540-82-2463 Ext. 2243 benjamin.sackett@va.gov

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 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)

(a) Definition. For the Department of Veterans Affairs, “Service-disabled veteran-owned small business concern or SDVSOB”:

(1) Means a small business concern:

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans or eligible surviving spouses (see VAAR 802.201 Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans (or eligible surviving spouses) or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been verified for ownership and control pursuant to 38 CFR 74 and is so listed in the Vendor Information Pages database, (https://www.vip.vetbiz.gov); and

(v) The business will comply with subcontracting limitations in 13 CFR 125.6, as applicable

(2) “Service-disabled veteran” means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(b) General.

(1) Offers are solicited only from verified service-disabled veteran-owned small business concerns. Offers received from concerns that are not verified service-disabled veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation shall be made to a verified service-disabled veteran-owned small business concern.

(c) Agreement. A service-disabled veteran-owned small business concern agrees that in the performance of the contract, the concern will comply with the limitation on subcontracting requirements in 13 CFR §125.6.

(d) A joint venture may be considered a service-disabled veteran owned small business concern if the joint venture complies with the requirements in 13 CFR 125.15, provided that any reference therein to SDVO SBC is to be construed to apply to a VA verified SDVOSB as appropriate.

(e) Any service-disabled veteran-owned small business concern (non-manufacturer) must meet the requirements in FAR 19.102(f) of the Federal Acquisition Regulation to receive a benefit under this program.

(End of Clause) C.3 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's 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's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause)

C.4 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional…