36C24623Q0886_1.docx

36C24623Q0886

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

06-21-2023 Francine Valverde 757-728-3104 06-23-2023

12PM

EDT

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

X

541519 $30 Million

N/A

Asheville VA Medical Center 100 Tunnel Rd

Asheville NC 28805

Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

Financial Services Center

PO BOX 149971

Austin TX 78714-9971 512-460-5049 512-460-5221

See CONTINUATION Page This solicitation is for Brand Name only Full and Open for DSS RX Framework Omnicell IVX

If submitting a quote as a reseller/distributor, vendor must submit proof that they are an authorized distributor of the OEM.

All Quotes are due NLT Friday June 23, 2023 at 12PM EST

Award will be made to the lowest Priced offeror who meets technical Acceptability

Please fill out the 852.219-76 (Jan 2023) if this applies

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

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.

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

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM #DSSRX-Omnicell-IVX-P DSS Omnicell IVX VistA Interface Perpetual License Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 7H20 - IT and Telecom - Platform Products: Database, Mainframe, Middleware (Hardware and Perpetual License Software)

ITEM #DSSRX-Omnicell-IVX-AM DSS Omnicell IVX VistA Interface software subscription maintenance and support M-F 8-8 EST, includes bug fixes, minor release upgrades, telephone support for a period of one year

POP Begin:

POP End:

PRODUCT/SERVICE CODE: 7H20 - IT and Telecom - Platform Products: Database, Mainframe, Middleware (Hardware and Perpetual License Software)

ITEM #DSS-INST-R DSS Remote Installation Services Per Day

POP Begin:

POP End:

PRODUCT/SERVICE CODE: 7H20 - IT and Telecom - Platform Products: Database, Mainframe, Middleware (Hardware and Perpetual License Software)

ITEM #DSSRX-Omnicell-IVX-AM DSS Omnicell IVX VistA Interface software subscription maintenance and support M-F 8-8 EST, includes bug fixes, minor release upgrades, telephone support for a period of one year Contract Period: Option 1 POP Begin:

POP End:

PRODUCT/SERVICE CODE: 7H20 - IT and Telecom - Platform Products: Database, Mainframe, Middleware (Hardware and Perpetual License Software)

ITEM #DSSRX-Omnicell-IVX-AM DSS Omnicell IVX VistA Interface software subscription maintenance and support M-F 8-8 EST, includes bug fixes, minor release upgrades, telephone support for a period of one year Contract Period: Option 2 POP Begin:

POP End:

PRODUCT/SERVICE CODE: 7H20 - IT and Telecom - Platform Products: Database, Mainframe, Middleware (Hardware and Perpetual License Software)

ITEM #DSSRX-Omnicell-IVX-AM DSS Omnicell IVX VistA Interface software subscription maintenance and support M-F 8-8 EST, includes bug fixes, minor release upgrades, telephone support for a period of one year Contract Period: Option 3 POP Begin:

POP End:

PRODUCT/SERVICE CODE: 7H20 - IT and Telecom - Platform Products: Database, Mainframe, Middleware (Hardware and Perpetual License Software)

ITEM #DSSRX-Omnicell-IVX-AM DSS Omnicell IVX VistA Interface software subscription maintenance and support M-F 8-8 EST, includes bug fixes, minor release upgrades, telephone support for a period of one year Contract Period: Option 4 POP Begin:

POP End:

PRODUCT/SERVICE CODE: 7H20 - IT and Telecom - Platform Products: Database, Mainframe, Middleware (Hardware and Perpetual License Software)

Page 1 of Page 1 of

STATEMENT OF WORK

RX Framework DSS Omnicell-to-VistA Interface License and Maintenance Charles George VA Medical Center

GENERAL:

Contractor shall provide installation, licenses, and maintenance for an Omnicell IVX-to-VistA Interface at the Charles George VA Medical Center.

COORDINATION:

The Biomedical Engineer will serve as the focal point and Contracting Officer Representative (COR) for this contract.

The contractor must pre-coordinate work and associated outages with the COR. All work will be performed during normal duty hours, Monday-Friday, 08:00AM – 4:30PM, excluding Federal Holidays, unless pre-approved through the COR.

The COR will be immediately notified whenever any, and/or all affected systems cannot be returned to service. In the absence of the COR, available personnel in the Biomedical Engineering section will be notified.

SPECIFIC REQUIREMENTS:

The contractor, or contractor’s third-party representative, shall provide services including, but not limited to:

· DSS Omnicell IVX VistA Interface Perpetual License (manufacturer part number DSSRX-Omnicell-IVX-P)

· DSS Omnicell IVX VistA Interface software subscription maintenance and support (manufacturer part number DSSRX-Omnicell-IVX-AM). Support shall include the following:

· Bug fixes

· Minor release upgrades

· Telephone support Monday-Friday 8am-8pm EST

· Remote software installation

INFORMATION SECURITY CONSIDERATIONS:

The Assessment and Authorization (A&A) requirements do not apply and a Security Accreditation Package is not required

All VA sensitive information shall be protected at all times in accordance with local security field office System Security Plans (SSP’s) and Authority to Operate (ATO)’s for all systems/LAN’s accessed while performing the tasks detailed in this Product Description.

1.0 CONTRACTOR REQUIREMENTS, CONFIDENTIALITY, AND NON-DISCLOSURE

The Contractor and their employees shall adhere to all VA Information Security requirements and practices to guard against the disclosure of sensitive information to unauthorized individuals or organizations, the Privacy Act of 1974, and the HIPPA act as described in subsequent paragraphs to this order.

1.1 Contractors are advised that all printed and electronic documents are for government internal use only. They are not to be copied or released without written permission form the Director, MACPAC or his authorized representatives, and remain the sole property of the United States Government. All or portions of these materials may be protected by the Privacy Act of 1974 (revised by PL 93-5791) and Title 38, United States Code. Unauthorized disclosure of Privacy Act or Title 38 covered materials is a criminal offense.

1.2 PRIVACY ACT NOTIFICATION:

Privacy Act Notification and the Privacy Act apply to this contract.

2.0 SECURITY REQUIREMENTS

2.1 GENERAL

2.1.1 All information and records provided to the Contractor by the VA, in whatever medium, as well as all information and documents, including drafts, emails, back-up copies, hand-written notes and copies that contain such information and records gathered or created by the Contractor (collectively referred to as “VA information”) in the performance of this contract, regardless of storage media, are the exclusive property of VA. The Contractor does not retain any property interest in these materials and shall not use them for any purpose other than performance of this contract.

2.1.2 Upon completion or termination of the contract, Contractor shall either provide all copies of all VA information to VA or certify that it has destroyed all copies of all VA information as required by VA in a method specified by VA, at VA’s option. The Contractor shall not retain any copies of VA information. Where immediate return or destruction of the information is not practicable, Contractor shall return or destroy the information within 30 days of completion or termination of the contract. All provisions of this contract concerning the security and protection of the VA information that is the subject of this contract will continue to apply to the VA information for as long as the Contractor retains it, regardless of whether the contract has been completed or terminated.

2.1.3 Prior to termination or completion of this contract, Contractor shall not destroy VA information received from VA or gathered or created by Contractor in the course of performing this contract without prior written approval by VA.

2.1.4 Contractor shall receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in accordance with the terms of this contract and applicable Federal and VA information confidentiality and security laws, regulations, and policies.

2.1.5 The Contractor shall not make copies of VA information, electronic or hard copy, except as necessary to perform this agreement or to preserve electronic information stored on Contractor electronic storage media for restoration in case any electronic equipment or data used by the Contractor needs to be restored to an operating state.

2.1.6 Contractor shall provide access to VA information only to employees, Subcontractors, and affiliates only to the extent necessary to perform the services specified in this Contract; to perform necessary maintenance functions for electronic storage or transmission media necessary for performance of this contract; and only to individuals who first satisfy the same conditions, requirements and restrictions that comparable VA employees shall meet in order to have access to the same VA information. These restrictions include the same level of background investigations, where applicable.

2.1.7 Contractor shall store, transport, or transmit VA information only in an encrypted form, using an encryption application that meets the requirements of Federal Information Processing Standard (FIPS) 140-2, and is approved for use by VA.

2.1.8 Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the Contractor may use and disclose VA information only in two other situations: in response to an order of a court of competent jurisdiction, or with VA’s prior written authorization. The Contractor shall refer all requests for, demands for production of, or inquiries about, VA information to VA for response. Contractor shall not release information protected by Title 38, United States Code (USC), Section 5705 or either Section 7332 in response to a court order and shall immediately refer such court orders to VA for response.

2.1.9 Prior to any disclosure pursuant to a court order, the Contractor shall promptly notify VA of the court order upon its receipt by the Contractor, provide VA with a copy by fax or email, whichever is faster, and notify by telephone the VA individual designated in advance to receive such notices. If the Contractor cannot notify VA before being compelled to produce the information under court order, the Contractor shall notify VA of the disclosure as soon as practical and provide a copy of the court order, including a description of the records provided pursuant to the court order, and to whom the Contractor provided the records under the court order. The notice shall include the following information to the extent that the Contractor knows it, if it does not show on the face of the court order: the records disclosed pursuant to the order, to whom, where, when, and for what purpose, and any other information that the Contractor reasonably believes is relevant to the disclosure. If VA determines that it is appropriate to seek retrieval of information released pursuant to a court order before Contractor notified VA of the court order, Contractor shall assist VA in attempting to retrieve the VA information involved.

2.1.10 The Contractor shall inform VA by the most expeditious method available to Contractor of any incident of suspected or actual access to, or disclosure, disposition, alteration or destruction of, VA information not authorized under this Contract (“incident”) within one hour of learning of the incident. An incident includes the transmission, storage or access of VA information by Contractor or Subcontractor employees in violation of applicable VA confidentiality and security requirements. To the extent known by the Contractor, the Contractor’s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information was placed at risk or compromised), and any other information that the Contractor considers relevant.

2.1.11 Contractor shall simultaneously report the incident to the appropriate law enforcement entity (ies) of jurisdiction. The Contractor, its employees, and its Subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The Contractor shall also cooperate with VA in any civil litigation to recover VA information, to obtain monetary or other compensation from a third party for damages arising from any incident, or to obtain injunctive relief against any third party arising from, or related to, the incident.

2.1.12 VA will provide the Contractor with the name, title, telephone number, fax number and email address of the VA official to whom the Contractor shall provide all notices required by this Contract. This information will be provided upon implementation of the contract.

2.1.13 VA has the right during normal business hours to inspect the Contractor’s facility, information technology systems and storage and transmission equipment, and software utilized to perform the contract to ensure that the Contractor is providing for the security of VA data and computer systems in accordance with the terms of this Contract.

2.1.14 Contractor shall receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with all applicable FIPS and Special Publications (SP) issued by the National Institute of Standards and Technology (NIST) concerning VA information that is the subject of this contract. If NIST issues or updates an applicable FIPS or SP after execution of this contract, the parties agree to negotiate in good faith to implement the FIPS or SP in this contract.

2.1.15 A determination by VA that the Contractor has violated any of the information confidentiality and security provisions of this contract, including a violation of any applicable FIPS or SP, shall be a basis for VA to terminate the contract for cause.

2.1.16 Anyone performing under the terms of this contract, including employees of Subcontractors, accesses VA computer systems or data in the performance of the contract, VA may monitor and record all such access activity. If VA monitoring reveals any information of suspected or potential criminal law violations, VA will refer the matter to the appropriate law enforcement authorities for investigation.

2.1.17 The Contractor shall inform its employees and other individuals performing any part of this contract that VA may monitor their actions in accessing or attempting to access VA computer systems and the possible consequences to them for improper access, whether successful or not. The Contractor shall ensure that any Subcontractors or others acting on behalf of or for the Contractor, in performing any part of this contract inform their employees, associates or others acting on their behalf, that VA may monitor their access activities. Execution of this contract and any subcontract or agreement constitutes consent to VA monitoring.

2.1.18 The Contractor shall ensure that all individuals who will access VA data or systems in performing the contract are appropriately trained in the applicable VA confidentiality and security requirements. Contractor may do this by requiring and documenting that these individuals have completed the VA training for its employees. The Contractor shall provide documentation of required training to the COR prior to the Contractor staff accessing VA records.

2.1.19 Contractor shall mitigate any harmful effect on individuals whose VA information was accessed or disclosed in an incident to the extent practicable.

2.1.20 Contractor shall require Subcontractors, agents, affiliates, or others to whom Contractor provides access to VA information for the performance of this contract to agree to the same VA information confidentiality and security restrictions and conditions that apply to the Contractor before providing access.

2.2. The Contractor shall utilize only employees, Subcontractors or agents who are physically located within a jurisdiction subject to the laws of the United States. Contractor shall ensure that it does not use or disclose Protected Health Information (PHI) received from Covered Entity in any way that will remove the PHI from such jurisdiction.

3.0 LIQUIDATED DAMAGES FOR DATA BREACH

3.1 Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the Contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any security and privacy incidents (SPI) the Contractor/Subcontractor processes or maintains under this contract.

3.2 The Contractor/Subcontractor shall provide notice to VA of a “security incident” as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.

3.3 Each risk analysis shall address all relevant information concerning the data breach, including the following:

• Nature of the event (loss, theft, unauthorized access);

• Description of the event, including: date of occurrence; data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code; number of individuals affected or potentially affected; names of individuals or groups affected or potentially affected; ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text; amount of time the data has been out of VA control; the likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons); known misuses of data containing sensitive personal information, if any; assessment of the potential harm to the affected individuals; a data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.

3.3.1 Based on the determinations of the independent risk analysis, the Contractor shall be responsible for paying to the VA liquidated damages per each affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following: notification; one (1) year of credit monitoring services consisting of automatic daily monitoring of at least three (3) relevant credit bureau reports; data breach analysis; fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution; one (1) year of identity theft insurance with $20,000.00 coverage at $0 deductible; and associated legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs.

4.0 CONTRACTOR PERSONNEL SECURITY REQUIREMENTS

All Contractor employees who require access to the Department of Veterans Affairs’ computer systems or data shall be the subject of a background investigation and shall receive a favorable adjudication from the VA Office of Security and Law Enforcement prior to contract performance. This requirement is applicable to Subcontractor personnel requiring the same access. If Contractor staff will require access to detailed Veteran data for the purpose of completing the tasks described in this statement of work, they shall adhere to the following Contractor personnel security requirements:

• Position Sensitivity – The position sensitivity has been designated as Low Risk.

• Background Investigation – The level of background investigation Commensurate with the required level of access is Minimum Background Investigation.

4.1 CONTRACTOR RESPONSIBILITES:

4.1.1 The Contractor shall prescreen all personnel requiring access to the computer systems to ensure they maintain a U.S. citizenship, and are able to read, write, speak and understand the English language.

4.1.2 The Contractor shall submit the required forms (SF 86 or SF 85P, SF 85P-S, FD 258, Contractor Fingerprint Chart, VA Form 0710, Authority for Release of Information Form, and Optional Forms 306 and 612) to the VA Office of Security and Law Enforcement within 30 days of receipt.

4.1.3 The Contractor, when notified of an unfavorable determination by the Government, shall withdraw the employee from consideration from working under the contract. Failure to comply with the Contractor personnel security requirements may result in termination of the contract for default.

4.1.4 The Contractor shall notify the COR in advance of any Contractor staff that will require access to the Department of Veterans Affairs’ computer systems or data in order for the COR to request the background investigation. The notification shall include the following: full name of the individual, justification for the request which includes the task number, the date and place of birth, email address, social security number, and occupation. In addition, the Contractor shall provide the COR with its point of contact’s email address, business address, and phone number.

4.2 GOVERNMENT RESPONSIBILITES:

4.2.1 The VA Office of Security and Law Enforcement will provide the necessary forms to the Contractor, or to the Contractor’s employees, after receiving a list of names and addresses.

4.2.2 Upon receipt, the VA Office of Security and Law Enforcement will review completed forms for accuracy and forward the forms to the office of Personnel Management (OPM) to conduct background investigations.

4.2.3 The VA Office of Security and Law Enforcement will notify the CO, and Contractor, of adjudication results received from OMB.

4.2.4 Upon being notified about a favorable determination, the CO may issue a notice to proceed to the Contractor.

4.2.5 The Department of Veterans Affairs will specify and/or provide, in some cases at the Contractors expense, the necessary guidance and training, necessary to support the specific work.

4.3 CONTRACTOR INFORMATION SECURITY TRAINING REQUIREMENTS

Prior to beginning work on this contract, all contractor employees performing work under this contract shall complete the following Information Security Training in VA’s Talent Management System at: https://hcm03.ns2cloud.com

• Privacy and HIPAA Training - Department of Veterans Affairs Course #10203

• VA Privacy and Information Security Awareness and Rules of Behavior - Department of Veterans Affairs Course #10176

4.3.1 The Contractor shall forward copies of training completion certificates to the CO prior to any work beginning under this contract.

COMPLIANCE AWARENESS:

Compliance Awareness Training shall be completed by vendor prior to access at the Charles George VAMC. Vendor has responsibility for “Duty to Report” any fraud, waste and abuse witnessed while on VA premises to the Compliance Officer.

HOURS OF SERVICE:

Normal hours of coverage are Monday through Friday from 8:00 a.m. to 4:30 p.m., excluding federal holidays. All installations, upgrades and updates will be performed during normal hours of coverage unless requested or approved by the COTR.

Contractor may perform installation outside normal hours of coverage at no overtime charge to the Government when requested by the Contractor and scheduled through the COTR or his/her designee.

Federal Holidays observed by the Charles George VAMC are:

Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

DOCUMENTATION/REPORTS:

Written documentation will include detailed descriptions of all repairs, calibrations, maintenance procedures performed including replaced parts to maintain the equipment in accordance with manufacturer's requirements. Each report must at a minimum document the following legibly and in complete detail.

· Name of Contractor.

· Name of FSE who performed services.

· Contractor Service ESR Number/Log Number.

· Date, Time (start/stop), Equipment downtime and hours on-site for service call.

· VAMC purchase order number(s) covering call not covered under the service agreement.

· Description of problem reported by the COTR/user.

· Identification of equipment to be serviced: ID #, Manufacturer's Name, Device, Model #, Serial #, and any other manufacturer's identification numbers.

· Itemized description of service performed including labor, travel, parts (with part numbers), materials and circuit location of problem/corrective action.

· Total cost to be billed if outside the agreement.

· Signatures of the field service engineer performing the work and the VAMC employee who witnessed the work being done.

· Equipment downtime.

REPORTING REQUIREMENTS:

The Contractor is required to report to Biomedical Engineering (Building 47, Room B117) to check in. This is a mandatory requirement unless other arrangements have been prearranged by the COR or authorized representative. The service engineer shall document services rendered when complete and provide this documentation to Biomedical Engineering. All reports shall be submitted to Biomedical Engineering for an "acceptance/authorization signature" prior to leaving the facility.

IDENTIFICATION, PARKING, SMOKING, AND VA REGULATIONS:

The Contractor's employees shall always wear visible identification while on the premises of the VAMC. It is the responsibility of the Contractor to park in the appropriate designated parking areas. Information on parking is available from the VA Police Service. The VAMC will not invalidate or make reimbursement for parking violations of the Contractor under any conditions. Smoking is prohibited inside all buildings at the VAMC. Possession of weapons is prohibited. Enclosed containers including tool kits shall be subject to search. Violations of VA regulations may result in citations answerable in the United States (Federal) District Court.

INSURANCE:

Worker Compensation and Employer's Liability: Contractors are required to comply with applicable Federal and State Worker Compensation and Occupational Disease Statutes.

General Liability: Contractors are required to have bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000.00 per occurrence.

Property Damage Liability: Contractors are required to have Property Damage Liability insurance coverage of at least $500,000.00.

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 4701 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

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

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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

(End of Clause)

C.3 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

The Contracting Officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee’s authority. A copy of the designation letter shall be furnished to the Contractor.

(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…