36C24620Q0972_1.docx

36C24620Q0972

Contract Opportunity Combined Synopsis/Solicitation Notice

PRODUCT SERVICE CODE

SUBJECT

CONTRACTING OFFICE'S

ZIP-CODE

SOLICITATION NUMBER

RESPONSE DATE/TIME/ZONE

ARCHIVE

DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS

SET-ASIDE

NAICS CODE

CONTRACTING OFFICE

ADDRESS

POINT OF CONTACT

(POC Information Automatically Filled from User Profile Unless Entered)

DESCRIPTION

See Attachment

AGENCY'S URL

URL DESCRIPTION

AGENCY CONTACT'S EMAIL

ADDRESS

EMAIL DESCRIPTION

ADDRESS

POSTAL CODE

COUNTRY

ADDITIONAL INFORMATION

GENERAL INFORMATION

PLACE OF PERFORMANCE

* = Required Field Contract Opportunity Combined Synopsis/Solicitation Notice Med Carts 23667 36C24620Q0972 09-04-2020 17:00

EASTERN

TIME, NEW YORK, USA

N

SDVOSBC

337127 Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667 Contract Specialist Chellry Whittier chellry.whittier@va.gov 757-728-7125 Alternate POC: Marca Parent (marca.parent @va.gov) Department of Veterans Affairs Hampton VA Medical Center 100 Emancipation Drive Hampton VA 23667

US

Please see attached.

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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:

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Category Description: BASE109: Howard HI-Care E 17 BASE109: HI-Care E Standard Base Cart Description - Central control panel for drawer access, power system controls, battery fuel gauge with visual and audible alerts, height adjustments, and light controls. Motorized work surface height adjustment - without storage cabinet: 32.5" sitting to 47.6" standing - with 2-tier storage cabinet: 32.5" sitting to 47.6" standing - with 4-tier storage cabinet: 34.1" sitting to 47.6" standing Large work surface area (17"W x 14.3"D) with translucent protective cover Large, fan cooled, PC compartment (dimensions: 17.1"W x 12.5"D x 3.2"H) (4) 5" premium casters with 2 locking casters on front Ergonomic push handles w/ soft-touch grip on front of cart and wrap around handle on sides and rear Slide-out keyboard tray with positive and negative tilt feature and integral wrist rest. - Max keyboard dimensions (18.2" W x 7.5" D x 1.6" H) LED keyboard light with multiple brightness levels. Mouse surface and mouse pouch on left or right side of keyboard Integral AC power distribution with 6 AC receptacles for powering customer equipment Universal accessory mounting locations on rear of cart and on monitor mount Cable management area with easy access panels to manage and house excess cables 8ft two-section coiled power cord with hospital-grade AC plug, dual integrated hooks, and replaceable plug section Includes 7-port USB Hub Cart overall size 21.4"W x 23.3"D, Base foot print 19" W x 20" D Foot rests on front legs to help reduce fatigue Anti-microbial agents in touch surfaces to help reduce the spread of certain types of bacteria Tool-less, snap on, battery cover Standard gray/white color scheme Cart and cart accessories ship fully assembled in one box for convenience Includes select software from our Mobile Care suite 3 Year Standard Warranty WARRANTY: HI-Care E Cart, 3/3/3/3 Standard Warranty - Howard Medical carts are manufactured in compliance with the highest standards for extreme durability and maximum reliability. Each cart is inspected and tested individually to ensure the superior performance required by healthcare professionals. Backed by Howard Medical's top-rated comprehensive warranty and world-class support team, you have every reason to expect optimal cart performance now and for many years to come. For more information about Howard Medical warranties, visit us online at http://www.howar d-medical.com/warran ty.cfm or call us at 888.323.3151. 3 Years on Mechanical Components 3 Years on Electrical Components 3 Years on Lithium Battery Defect 3 Years on Lithium Battery Performance POWER113: PowerMax 150 with 573 Whr (44.8 ah) Lithium Iron Phosphate power system option for HI-Care E Standard Base Cart - Rechargeable, high-efficiency power system; for powering devices up to 150W (150VA); 20A charger; 120VAC true sine output; battery supports long cycle life, fast recharge, and is durable, safe, environmentally friendly and lightweight Featu res: High output efficiency (85%) Reusable air filter minimizes dust ingestion, improves reliability Long battery life; high cycle life Fast charging (100% recharge in about 2.3 hrs) Durable- recovery from prolonged discharge Safe- excellent stability Lower cost of ownership Lightweight 12 lb Battery SAT027: Electronic Steer Assist Technology SAT027: Electronic Steer Assist Technology for HI-Care E Standard Base Cart - Steering Assist Technology (SAT) is an innovative feature facilitating the smooth, effortless steering of Howard Medical carts. When SAT is engaged, the rear casters are allowed to act as pivot points easing and stabilizing the navigation around corners and other changes in direction. ARM011: Motorized LCD Arm for Care E Standard Base Cart - LCD VESA monitor mount with motorized height adjustment (5.25" range). - Monitor mount for 75 or 100mm VESA, includes tilt and swivel motions, supports vertical or horizontal monitor orientation Effor tlessly position LCD arm height, up/down buttons on the control console activate a motorized actuator to set and maintain height position (5.25" range). POCOPT002: Rotatable Adjustable Front Handle for HI-Care E Standard Base Cart - Front ergonomic soft grip handles rotate and can be set in multiple ergonomic comfort push positions from horizontal to vertical WSOPT002: Electronic Locking Work Surface for HI-Care E Standard Base Cart - Motorized internal locking mechanism secures the removable work surface lid in place. Unlock using access code which is keyed in at the cart control console LIGHT007: Worksurface Lamp for HI-Care E - Provides light onto the cart worksurface top while working in unlighted areas LED light with adjustable brightness and selectable light color. White or red hue LIGHT008: Med Drawer Light for HI-Care E - Provides light onto the front and top of med drawers to retrieve medication from the drawers without disturbing your patient. 2TEDME2B_00: HI-Care E Two-Tier Electronic Locking Storage Cabinet - Provides configurable secure storage Cabinet is installed onto the cart frame below the keyboard drawer Patient bins are in quick swap interchange cassettes Programmable secure access to all drawers and patient bins via cart's control console. Independent bypass key for emergency access. Automatic relock with adjustable timer, relock countdown timer displays via Med Display Audible indicator for code entry confirmation Supports up to 2000 unique user IDs (3-8 digits) Local management of user IDs and locking system settings via Med Display Remote management available using Med Manager User ID and time and date of each unlock event is stored in an audit log Locking system status displayed by LED's on the cart console Powered by cart power system Support for independent, second level locking for securing narcotics (optional) 2TEDM1X: Two-Tier Electronic Locking Storage Cabinet Row 1 Selection - (1) Removable Two-Tier Cassette with (1) Patient Bin filling rows 1&2 - Bin Measures 12"W x 5.25"H x 11"D - Interlocking dividers included This is a full cabinet configuration, no additional Row Options available WIRELESS023: Antenna mounting bracket for DELL Optiplex 7060 & 7070 models external puck aerial antenna extension. Bracket mounts to top two holes of cart LCD VESA, placing antenna behind monitor at top central location for best reception and free from interfering with monitor arm or behind the monitor mounted accessories or devices. WKSFC097: Integration Kit for Ultra Small Form Factor, Thin Client, or All-In-One PC - Includes mounting hardware to allow installation of computing device in the PC cavity under the worksurface, or connection of All-In-One computing device. Kit Includes: 1ea - 3ft. USB ext. cable 10ea - Cable ties 1ea - PC Tie down strap 2ea - Movable anchors with hardware 4ea - Adhesive Backed Rubber feet Cable Markers and Labels Monitor Integration screws, VESA Spacer, cable wrap BARCODE090: Barcode Scanner Mount Kit for Universal Wireless or Tethered Scanners - Scanner mounting adapters that may be configured to support multiple types and models of handheld barcode scanners. Attache s to VESA pattern behind the monitor and places scanners just behind the right edge of the monitor, but within the cart footprint for protection. Universal Wireless mount supports the following brands and models: Honeywell 1902 Motorola DS6878HC-FIPS (not non-FIPS) Code 2500 wireless handle mount (original and new version) Code 2600 (may limit LCD swivel range) Code 2700 (may limit LCD swivel range) Datalogic GBT4100 & GBT4400 Intermec SG20 Zebra DS8178-HC (with upright standard base/Presentation Cradle) Univ ersal Tethered Scanner mount supports most handheld barcode scanners having a gun-style form factor. Scanner, Charger Base, or Cabling not included UNIVACC021: Rear Handle w/ Basket - Rear Handle Measures - 14" W x 4" D Basket Measures - 13" W x 7.5" H x 3" D with 335 cubic inches of space ARMMNT073: Dual Monitor Mount for HI-Care E/X, HI-Paradigm E/X, HI-Pinnacle E/X ARMMNT073: Dual Monitor Mount for HI-Care E/X, HI-Paradigm E/X, HI-Pinnacle E/X - Supports up to (2) 24' monitors with up to 22.7' maximum actual width - Maximum weight of combined monitors and VESA mounted accessories not to exceed 30 lbs - Each side monitor mount is capable of a 4' side-to-side positioning range, allowing optimum spacing to be achieved for a range of monitor sizes - The following viewing adjustments are available: - Entire assembly tilts up 60? or down 15? - Entire assembly swivels left to right up to +/- 45? - Each monitor swivels left to right +/- 20? - Each monitor rotates landscape to portrait & may be locked into position - Note: This is a factory installed option to be ordered with a new cart, not to be ordered as a cart upgrade. KBD041: Keyboard, Full Size, White, USB, Washable, Anti-Microbial - Keyboard installed on Cart, Howard Brand, installed on Cart, White, antimicrobial, washable, 104 key, USB connection, 17.5" x 6" x 1". MOUSE013: Mouse, washable, white - Mouse, Howard Brand, Optical, waterproof, antimicrobial, white, 3-button with scroll, USB connected MONITOR014: (2) Monitor with Privacy Filter (Matte), 24', White - Monitor, full 24" diagonal viewable size, white housing, 1920x1080 resolution, matte surface privacy filter built-in - 3 Year Manufacturer Warranty PCMOUNT005: (2) Quick Release - Quick release adapter mounts to a standard 100mm x 100mm VESA pattern. This secure and easy-to-use mounting solution allows you to quickly attach (or remove) your VESA-compatible flat panel monitors to any of our monitor mounting solutions. DELL 7080: OptiPlex 7080 Micro - Intelr Core i7-10700T (8 Cores/16MB/16T/2.0GH z to 4.5GHz/35W) - 16GB 1x16GB DDR4 Memory - 2.5 inch 500GB 7200rpm FIPS Self Encrypting Opal 2.0 Hard Disk Drive - Windows 10 Pro - Intelr Wi-Fi 6 AX201, Dual-band 2x2 802.11ax with MU-MIMO + Bluetooth 5.0 with External Antenna - Intelr vPro Technology - HDMI Port - 3 Years ProSupport Flex with Next Business Day Onsite & KYHD Service-FED BARCODE SCANNER: Zebra DS8178-HC FIPS Healthcare scanner kit for VA BCMA. Includes presentation cradle (with magnet) DS8178-HC FIPS Scanner with magnet, battery, USB cable, and TCG BCMA configuration card with TCG EWP protection. With 3 year comprehensive warranty CARD READER: SCM card reader - 1 Year Manufacturer Warranty SOFTWARE: Power Manager - Power Manager is a powerful web based tool for remote monitoring and management of cart power systems on your entire fleet of Howard Medical carts. The application runs as a web service allowing easy access by an administrator anywhere on your network via a web browser. Carts on your network will automatically "call home" to Power Manager, announce themselves and request to be managed and then periodically "call home" to report power system data. Power Manager provides administrators detailed control over power system data logging, alarm thresholds, and notification rules used for real-time alarm notification. Data from cart power systems throughout your fleet is continuously pushed up to and stored in Power Manager for later review. Robust data mining and reporting tools are available to analyze collected cart power system data or you can export the data for further analysis by 3rd party tools. Power Manager also keeps track of the last two wireless access points used by each cart to "call home" thus providing a simple way to track recent movement of carts and to determine the last known location of carts that have gone offline. Power Manager can be used with all Howard carts. SOFTWARE: Power Display - Power Display is a web based tool that runs on the local computing device on each cart providing direct access to power supply data as well as communication with Power Manager. Power Display also provides a small on-screen battery fuel gauge that displays real time battery capacity and charging state. The web interface provided by Power Display allows you to view the cart's real time power data, power data logs, and event data logs from a browser either locally at the cart or from any location on the network. The Power Display background service, which is transparent to local users, handles communication with Power Manager to periodically "call home" and report power system data. SOFTWARE: Med Manager - Med Manager is a powerful web based tool for remote management of cart settings and med drawer access permissions on your entire fleet of Howard Medical carts. The application runs as a web service allowing easy access by an administrator anywhere on your network via a web browser. Carts on your network will automatically "call home" to Med Manager, announce themselves and request to be managed and then periodically " call home" to check for new data. Med Manager provides administrators detailed control over cart behavior and user permissions individually or in groups. Data from carts throughout your fleet is continuously pushed up to and stored in Med Manager for later review including general cart configuration data and detailed information about who accessed which drawers and when. Robust data mining and reporting tools are available to analyze cart, user, and med drawer access data or you can export the data for further analysis by 3rd party tools. Med Manager also keeps track of the last two wireless access points used by each cart to "call home" thus providing a simple way to track recent movement of carts and to determine the last known location of carts that have gone offline. Med Manager can be used with all Howard carts that include electronic locking storage and can be used with X series carts with or without storage. SOFTWARE: Med Display - Med Display is a Windows application that runs on the local computing device on each cart providing direct access to local med drawer cabinets, cart settings, audit records, and drawer calibration. The Med Display background service, which is transparent to local users, handles communication with Med Manager and periodically "calls home" to report any new audit data and retrieve any pending cart updates. PROSERV002: In-Factory Integration (Standard Comprehensive Integration) PROSERV002: In-Factory Integration (Standard Comprehensive Integration) Howard Medical will integrate all medical carts in our manufacturing facilities prior to shipping them to the customer. Said In-Factory Integration will include but is not limited to: Integration of computing devices, monitors, keyboards, mice, and accessories purchased from Howard Medical Possible integration of additional equipment not purchased through Howard Medical Performance testing of integrated equipment and carts prior to shipping Medical facility will assume all costs and responsibilities in having all parts associated to setup and integrate the carts delivered to the Howard Medical manufacturing facilities at least two weeks prior to the customer's requested ship date In-Factory Integration must be coordinated with both parties Some slight assembly may be required once the carts arrive at the customer's site Each cart will arrive on-site in an all inclusive packaging as a single unit Carts can be unloaded following a few easy instructions conveniently located on the side of the packaging This option greatly reduces the costs and time to deployment for the customer and capitalizes on the knowledge base of Howard Medical's many years of integrating experience

Category Description: System Type: Professional PROSERV001: (REFERENCE #HAMPVA081420-INT) Hampton VA - A Howard Medical authorized technician will complete the on-site setup and integration of 20 Howard Medical carts. The estimated time for this project will be up to 24 working hours. The date and time of the visit will be coordinated between the customer and Howard Medical after the carts have been shipped and computing devices have been imaged. In-Service Training and Technical Training are not included in the price of this quote. In-Service Training and Technical Training can be added at an additional cost. **Technicians may not be registered by vendor credentialing service. Requirements for vendor credentialing are not included in this price. MPN: PROSERV001

B.3 DELIVERY SCHEDULE

Warehouse 100 Emancipation Drive Hampton, VA 23667

USA

ALL

757-315-3924 curtis.dawson@va.gov

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SECTION C - CONTRACT CLAUSES

C.1 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2019)

(a) Definitions. As used in this clause— Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means—

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means—

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled—

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph(c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in Federal Acquisition Regulation 4.2104.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of Clause)

C.2 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.3 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause) C.4 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.

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

[] 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.

[X] 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.5 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.6 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 electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work…