S02 36C24725Q0111_2 SB Set Aside Preventative maintenance for anesthesia units and vaporizers.pdf
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- Anesthesia Machines PM
- Solicitation number
- 36C24725Q0111
About this file
This is a Request for Quote (RFQ) issued by the Department of Veterans Affairs VHA Network Contracting Office 7 for full-service coverage of anesthesia units and vaporizers at the Augusta VA Medical Center. The solicitation (36C24725Q0111) is a 100% small business set-aside under NAICS code 811210 with a size standard of $34 million.
The requirement is for preventative maintenance, emergency corrective maintenance, and vaporizer efficacy testing for multiple GE Healthcare and Datex-Ohmeda anesthesia units and vaporizers. The period of performance includes a base year (3/1/2025-2/28/2026) and four one-year options through 2/28/2030. Services must be performed by factory-trained OEM service technicians. Key requirements include semi-annual preventative maintenance, 24-hour response time for unscheduled repairs, and completion of repairs within 4 working days. Questions are due by 1/03/2025 12 PM EST, with quotes due 1/09/2025 12 PM EST. The award will be made on a Lowest Price Technically Acceptable (LPTA) basis.
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PAGE 1 OF1. 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
509-25-2-104-0005
36C24725Q0111 12-09-2024
Jessica Cummings ***EMAIL*** 01-09-2025
12PM EST
508A
DEPARTMENT OF VETERANS AFFAIRS
VETERANS HEALTH ADMINISTRATION
Network Contracting Office (NCO) 7 2957 CLAIRMONT ROAD NE, Suite 1200 Atlanta GA 30329
X 100
X
811210
$34 Million
N/A
X
Department of Veterans Affairs Augusta VA Medical Center
1 Freedom Way Augusta GA 30904
508A
DEPARTMENT OF VETERANS AFFAIRS
VETERANS HEALTH ADMINISTRATION
Network Contracting Office (NCO) 7 2957 CLAIRMONT ROAD NE, Suite 1200 Atlanta GA 30329
508A
Department of Veterans Affairs
FMS-VA-2(101)
Financial Services Center PO Box 149971 Austin TX 78714-0071
See CONTINUATION Page
Full-service coverage for anesthesia units and vaporizers.
Augusta VA Medical Center
Period of Performance Base Year: 3/1/2025-2/28/2026 Option 1 Year: 3/1/2026-2/28/2027 Option Year 2: 3/1/2027-2/29/2028 Option Year 3: 3/1/2028-2/28/2029 Option Year 4: 3/1/2029-2/28/2030
Wage Determination WD 2015-4465 Attached
VENDORS MUST COMPLETE THE PRICE/COST SCHEDULE IN THIS RFQ
IN ORDER TO BE ELIGIBLE FOR AWARD. A QUOTE WILL NOT SUFFICE.
Vendor questions/concerns must be emailed to Contract Specialist Jessica.Cummings3@va.gov by 1/03/2025 12 PM EST
See CONTINUATION Page 509-3650160-104-825500-2520 0100555Y1
X x 1
Jessica Cummings Contracting Officer
36C24725Q0111
Table of Contents
SECTION A
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS
AND COMMERCIAL SERVICES
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
B.2 STATEMENT OF WORK
B.3 PRICE/COST SCHEDULE
ITEM INFORMATION
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS
AND COMMERCIAL SERVICES (NOV 2023)
C.2 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV
2018)
C.3 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)
C.4 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
C.5 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (NOV 2024)
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
SECTION E - SOLICITATION PROVISIONS
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (SEP 2023)
E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS
AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
E.3 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT
ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)
E.4 52.216-1 TYPE OF CONTRACT (APR 1984)
E.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB
1998)
E.6 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES (NOV 2021)
E.7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—
COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)
E.7 Wage Determination
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 36C247 Jessica Cummings
DEPARTMENT OF VETERANS AFFAIRS
VETERANS HEALTH ADMINISTRATION
Network Contracting Office (NCO) 7
2957 CLAIRMONT ROAD NE, Suite 1200
Atlanta GA 30329
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or
[] 52.232-36, Payment by Third Party
3. INVOICES: Invoices shall be submitted in arrears:
a. Quarterly []
b. Semi-Annually []
c. Other [x] Monthly 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
FMS-VA-2(101),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:
AMENDMENT NO DATE
B.2 STATEMENT OF WORK
Anesthesia Machines
Statement of Work (SOW)
A. GENERAL INFORMATION
1. Purpose: Full-service coverage for anesthesia units and vaporizers.
2. Scope of Work: The contractor shall provide all resources necessary to work to provide preventative and unscheduled maintenance for anesthesia units and vaporizers.
3. Background: Previous service contract is coming to an end and service is still needed for anesthesia units and vaporizer.
4. Performance Period:
Base Year: 3/1/25 – 2/28/2026
Option Year 1: 3/1/26 – 2/28/2027
Option Year 2: 3/1/27 – 2/29/2028
Option Year 3: 3/1/28 – 2/28/2029
Option Year 4: 3/1/29 – 2/28/2030
5. Type of Contract: Firm-Fixed-Price.
6. Place of Performance: Delivery will be made to Charlie Norwood VA Medical Center, Warehouse Bldg 111, 1 Freedom Way, Augusta GA 30904. Anesthesia units are located at 950 15th street Augusta GA 30904
7. Hours of Operation: Warehouse deliveries are accepted between 8am and 3:30pm, Monday through Friday, excluding holidays.
Hospital normal hours of operation are between 8am and 4:30pm, Monday through Friday, excluding holidays. Holidays falling on a Sunday will be observed the following Monday.
Federal Holidays New Year’s Day January 1st Martin Luther King’s Birthday 3rd Monday in January President’s Day 3rd Monday in February Memorial Day Last Monday in May Juneteenth Day June 16th Independence Day July 4th
Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veteran’s Day November 11th
Thanksgiving Day Last Thursday in November Christmas Day December 25th
B. GENERAL REQUIREMENTS
Preventive Maintenance:
a) All PMs shall be conducted per Original Equipment Manufacturer (OEM) recommended procedures / protocols (no exceptions). All PMs shall be conducted pursuant to OEM hardware / software specifications as detailed in the applicable service manuals from the
OEM.
b) Contractor shall provide (as part of this service and maintenance contract), at no additional cost to the Government, all necessary service parts (including shipping and handling costs), labor, and travel to complete required PMs.
c) Contractor shall complete PMs based on the frequency basis noted in Section j.
Equipment Listing (no exceptions) and shall complete PMs based on the PM month schedule set forth by CNVAMC Biomedical Engineering (also detailed in Section j. Equipment coverage).
d) Preventive Maintenance (P.M.) shall be performed by a factory (OEM) trained service representative/service technician (no exceptions). These service individuals must be factory trained on all items listed in the equipment schedule (no exceptions). Documentation shall be provided to the Contracting Officer with the bid certifying that the service representative or service technician has been trained and certified in the performance of this work by the original equipment manufacturer (no exceptions). OEM training certificates will be requested during the evaluation process. Service representatives / technicians that are not factory trained and or do not have OEM training certificates will not qualify to work on the anesthesia units listed at
CNVAMC. PM Service Hours: All P.M. service shall be performed during normal V.A. working hours of 8:00 a.m. to 4:30 p.m. (deviations must be approved in advance by Contracting Officer e). Unscheduled repairs and maintenance should be at least scheduled for repair within 24 hours of call and repairs finished within 4 working days.
f) P.M. inspections will be made in accordance with schedules as defined in this SOW.
During the P.M. visit (as part of this service and maintenance contract), the Contractor shall perform preventive maintenance to correct any equipment malfunctions and assure that the equipment meets manufacturer's factory specifications (at no additional cost to the Government).
Any calibration procedures or adjustments necessary to assure accurate and reliable equipment operation will be performed at this time. A service report of all work done should be generated and sent to Bioengineering within 4 days of completed work.
g) P.M. procedures used to perform work under this contract are required to be submitted.
Two copies of the P.M. procedures used must be presented in writing to the Contracting Officer within 10 days of contract issue. Failure to provide these procedures may result in delay of payment or non-payment.
h) During the P.M. visit, the Contractor will replace such parts as may be necessary for the satisfactory functioning of the equipment. Contractor shall be able to certify that equipment is safe for patient use after completion of P.M. services.
i) The Contractor shall call Bioengineering Department, Downtown Division, at phone
(706) 733-0188, ext. 3342, two (2) days in advance to confirm that the equipment can be serviced at a time that is agreeable to the VA and the Contractor.
j) Equipment Coverage:
Asset Numbers Mfg Name Model Serial #
PM
frequency
509 EE82513 GE Healthcare USA AESTIVA/5 MRI AMTV00315 Semi- Annual
509 EE58710 GE Healthcare AESTIVA/5 MRI AMTN00151 Semi- Annual
509 MX3516536 GE Healthcare USA
AISYS CS2 W/ET
CONTROL AQDD40233
Semi- Annual
509 MX3516552 GE Healthcare USA
AISYS CS2 W/ET
CONTROL AQDD40232
Semi- Annual
509 EE82514 GE Healthcare USA AVANCE CS2 APKV02256 Semi- Annual
509 EE82522 GE Healthcare USA AVANCE CS2 APKV02263 Semi- Annual
509 EE82517 GE Healthcare USA AVANCE CS2 APKV02259 Semi- Annual
509 EE82515 GE Healthcare USA AVANCE CS2 APKV02258 Semi- Annual
509 EE82519 GE Healthcare USA AVANCE CS2 APKV02261 Semi- Annual
509 EE82516 GE Healthcare USA AVANCE CS2 APKV02257 Semi- Annual
509 EE82567 GE Healthcare AVANCE CS2 APKV02262 Semi- Annual
509 EE82520 GE Healthcare USA AVANCE CS2 APKV02264 Semi- Annual
509 EE82518 GE Healthcare USA AVANCE CS2 APKV02260 Semi- Annual
509 EE82523 GE Healthcare USA AVANCE CS2 APKV02265 Semi- Annual
509 EE82555 GE Healthcare E-SCAIO SGV16370232HA Semi- Annual
509 EE82554 GE Healthcare E-SCAIO SGV16370253HA Semi- Annual
509 EE82548 GE Healthcare E-SCAIO SGV16370099HA Semi- Annual
509 EE82552 GE Healthcare E-SCAIO SGV16370226HA Semi- Annual
509 MX3525397 GE Healthcare USA E-SCAIO SUA24094026HA Semi- Annual
509 MX3525398 GE Healthcare USA E-SCAIO SUA24094033HA Semi- Annual
509 EE82547 GE Healthcare E-SCAIO SGV16320084HA Semi- Annual
509 EE82549 GE Healthcare E-SCAIO SGV16370159HA
509 EE82550 GE Healthcare E-SCAIO SGV16370222HA Semi- Annual
509 EE82553 GE Healthcare E-SCAIO SGV16370231HA Semi- Annual
509 EE82556 GE Healthcare E-SCAIO SGV16380020HA Semi- Annual
509 EE82551 GE Healthcare E-SCAIO SGV16370224HA Semi- Annual
509 EE82539 Datex-Ohmeda Inc TEC 7 BEJV06313 Semi- Annual
509 EE82510 Datex-Ohmeda Inc TEC 6 PLUS AESW31034 Semi- Annual
509 EE82544 Datex-Ohmeda Inc TEC 7 BEJV06325 Semi- Annual
509 EE82506 Datex-Ohmeda Inc TEC 6 PLUS AESW43012 Semi- Annual
509 EE66758 Baxter Healthcare Corp TEC 7 BEJN00713 Semi- Annual
509 EE82540 Datex-Ohmeda Inc TEC 7 BEGV02138 Semi- Annual
509 EE82508 Datex-Ohmeda Inc TEC 6 PLUS AESV43019 Semi- Annual
509 EE82537 Datex-Ohmeda Inc TEC 7 BEJV06278 Semi- Annual
509 EE82545 Datex-Ohmeda Inc TEC 7 BEJV04869 Semi- Annual
509 EE82530 Datex-Ohmeda Inc TEC 7 BEGV02152 Semi- Annual
509 EE82512 Datex-Ohmeda Inc TEC 6 PLUS AESV43034 Semi- Annual
509 EE82536 Datex-Ohmeda Inc TEC 7 BEJV06261 Semi- Annual
509 EE82527 Datex-Ohmeda Inc TEC 7 BEGV02141
509 EE50411 Baxter Healthcare Corp TEC 6 PLUS AETL39010 Semi- Annual
509 EE82504 Datex-Ohmeda Inc TEC 6 PLUS AESV38015 Semi- Annual
509 EE82533 Datex-Ohmeda Inc TEC 7 BEJV05716 Semi- Annual
509 EE82538 Datex-Ohmeda Inc TEC 7 BEJV06282 Semi- Annual
509 EE82509 Datex-Ohmeda Inc TEC 6 PLUS AESV43028 Semi- Annual
509 EE82507 Datex-Ohmeda Inc TEC 6 PLUS AESV43016 Semi- Annual
509 EE50405 Baxter Healthcare Corp TEC 6 PLUS AESS16090 Semi- Annual
509 EE82542 Datex-Ohmeda Inc TEC 7 BEGV02132 Semi- Annual
509 EE82529 Datex-Ohmeda Inc TEC 7 BEGV02144 Semi- Annual
509 EE82525 Datex-Ohmeda Inc TEC 7 BEGV02136 Semi- Annual
509 EE82521 Datex-Ohmeda Inc TEC 6 PLUS AESV43047 Semi- Annual
509 EE82532 Datex-Ohmeda Inc TEC 7 BEJV04723 Semi- Annual
509 EE82505 Datex-Ohmeda Inc TEC 6 PLUS AESV40044 Semi- Annual
509 EE82535 Datex-Ohmeda Inc TEC 7 BEJV06192 Semi- Annual
509 EE82541 Datex-Ohmeda Inc TEC 7 BEJV06314 Semi- Annual
509 EE66762 Baxter Healthcare Corp TEC 7 BEGF00327 Semi- Annual
509 EE82528 Datex-Ohmeda Inc TEC 7 BEGV02143
509 EE82543 Datex-Ohmeda Inc TEC 7 BEGV02148 Semi- Annual
509 EE82531 Datex-Ohmeda Inc TEC 7 BEGV02154 Semi- Annual
509 EE82524 Datex-Ohmeda Inc TEC 7 BEGV02134 Semi- Annual
509 EE50406 Baxter Healthcare Corp TEC 6 AETM16109 Semi- Annual
509 EE82534 Datex-Ohmeda Inc Tec 850 SQBZ13129 Semi- Annual
509 EE82526 Datex-Ohmeda Inc TEC 7 BEGV02140 Semi- Annual
509 EE82511 Datex-Ohmeda Inc TEC 6 PLUS AESV43033 Semi- Annual
C. CHANGES TO STATEMENT OF WORK
Any changes to this SOW shall be authorized and approved only through written correspondence from the CO. A copy of each change will be kept in a project folder along with all other products of the project. Costs incurred by the contractor through the actions of parties other than the CO shall be borne by the contractor.
D. INVOICES
1. Payment will be made upon receipt of a properly prepared detailed invoice, prepared by the Contractor, validated by the Contracting Officer’s Representative (COR), and submitted electronically through OB-10 (https://portal.tungsten-network.com/).
2. A properly prepared invoice will contain:
a) Invoice Number and Date
b) Contractor’s Name and Address
b) Accurate Purchase Order Number
c) Supply or Service provided
d) Total Amount Due
E. SECURITY
PER REVIEW OF VA HANDBOOK 6500.6, CONTRACT SECURITY, APPENDIX A-
INFORMATION SECURITY AND PRIVACY CHECKLIST:
1. “The C&A requirements do not apply and a Security Accreditation Package is not required.”
2. Acquisition of this service does not involve the storage, generating, transmitting, or exchanging of VA sensitive information to the vendor.
3. There may exist exposure to VA sensitive information, in particular to sensitive personal information (SPI) while implementing contractual services.
Minimum Statutory Requirements
1. Prohibition on unauthorized disclosure: Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1). See VA Handbook 6500.6, Appendix C, paragraph 3.a.
2. Requirement for data breach notification: Upon discovery of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access, the contractor/subcontractor shall immediately and simultaneously notify the COR, the designated ISO, and Privacy Officer for the contract. The term ‘security incident’ means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. See VA Handbook 6500.6, Appendix C, paragraph 6.a
3. Requirement to pay liquidated damages in the event of a data breach: 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 SPI the contractor/subcontractor processes or maintains under this contract.
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.
Each risk analysis shall address all relevant information concerning the data breach, including the following:
(1) Nature of the event (loss, theft, unauthorized access);
(2) Description of the event, including:
(a) date of occurrence;
(b) data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code;
(3) Number of individuals affected or potentially affected;
(4) Names of individuals or groups affected or potentially affected;
(5) Ease of logical data access to the lost, stolen or improperly accessed data considering the degree of protection for the data, e.g., unencrypted, plain text;
(6) Amount of time the data has been out of VA control;
(7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons);
(8) Known misuses of data containing sensitive personal information, if any;
(9) Assessment of the potential harm to the affected individuals;
(10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and
(11) 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.
Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:
(1) Notification;
(2) One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;
(3) Data breach analysis;
(4) Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution;
(5) One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and
(6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs (see VA handbook 6500.6, appendix c, paragraph 7.a, 7.d)
Information System Security
The contractor shall ensure adequate LAN/Internet, data, information, and system security in accordance with VA standard operating procedures and standard contract language, conditions laws, and regulations. The contractor’s firewall and web server shall meet or exceed the government minimum requirements for security. All government data shall be protected behind an approved firewall. Any security violations or attempted violations shall be reported to the VA project manager and the VBA Headquarters Information Security Officer as soon as possible. The contractor shall follow all applicable VA policies and procedures governing information security, especially those that pertain to certification accreditation.
Security Training
All contractor employees and subcontractors under this contract or order are required to complete the VA's on-line Security Awareness Training Course and the Privacy Awareness Training Course annually. Contractors must provide signed certifications of completion to the CO during each year of the contract. This requirement is in addition to any other training that may be required of the contractor and subcontractor(s).
Contractor Personnel Security
All contractor employees who require access to the Department of Veterans Affairs' computer systems shall be the subject of a background investigation and must receive a favorable adjudication from the VA Security and Investigations Center (07C). The level of background security investigation will be in accordance with VA Directive 0710 dated September 10, 2004 and is available at: http://www.va.gov/pubs/asp/edsdirec.asp (VA Handbook 0710, Appendix A, Tables 1 - 3). Appropriate Background Investigation (BI) forms will be provided upon contract (or task order) award and are to be completed and returned to the VA Security and Investigations Center (07C) within 30 days for processing. Contractors will be notified by 07C when the BI has been completed and adjudicated. These requirements are applicable to all subcontractor personnel requiring the same access. If the security clearance investigation is not completed prior to the start date of the contract, the employee may work on the contract while the security clearance is being processed, but the contractor will be responsible for the actions of those individuals they provide to perform work for the VA. In the event that damage arises from work performed by contractor personnel, under the auspices of the contract, the contractor will be responsible for resources necessary to remedy the incident.
The investigative history for contractor personnel working under this contract must be maintained in the databases of either the Office of Personnel Management (OPM) or the Defense Industrial Security Clearance Organization (DISCO). Should the contractor use a vendor other than OPM or Defense Security Service (DSS) to conduct investigations, the investigative company must be certified by OPM/DSS to conduct contractor investigations.
1. Background Investigation
The position sensitivity impact for this effort has been designated as [LIMITED, MODERATE, SUBSTANTIAL, or MAJOR] Risk and the level of background investigation is [NACI, MBI, or
BI].
2. Contractor Responsibilities
a. The contractor shall bear the expense of obtaining background investigations. If the investigation is conducted by the Office of Personnel Management (OPM) through the VA, the contractor shall reimburse the VA within 30 days.
b. Background investigations from investigating agencies other than OPM are permitted if the agencies possess an OPM and Defense Security Service certification. The Vendor Cage Code number must be provided to the Security and Investigations Center (07C), which will verify the information and advise the contracting officer whether access to the computer systems can be authorized.
c. 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.
d. After contract award and prior to contract performance, the contractor shall provide the following information, using Attachment B, to the CO:
(1) List of names of contractor personnel.
(2) Social Security Number of contractor personnel.
(3) Home address of contractor personnel or the contractor's address.
e. The contractor, when notified of an unfavorable determination by the Government, shall withdraw the employee from consideration from working under the contract.
f. Failure to comply with the contractor personnel security requirements may result in termination of the contract for default.
g. Further, the contractor will be responsible for the actions of all individuals provided to work for the VA under this contract. In the event that damages arise from work performed by contractor provided personnel, under the auspices of this contract, the contractor will be responsible for all resources necessary to remedy the incident.”
3. Government Responsibilities
a. The VA Security and Investigations Center (07C) will provide the necessary forms to the contractor or to the contractor's employees after receiving a list of names and addresses.
b. Upon receipt, the VA Security and Investigations Center (07C) will review the completed forms for accuracy and forward the forms to OPM to conduct the background investigation.
c. The VA facility will pay for investigations conducted by the OPM in advance. In these instances, the contractor will reimburse the VA facility within 30 days.
d. The VA Security and Investigations Center (07C) will notify the contracting officer and contractor after adjudicating the results of the background investigations received from OPM.
e. The contracting officer will ensure that the contractor provides evidence that investigations have been completed or are in the process of being requested.
F. ELECTRONIC AND INFORMATION TECHNOLOGY STANDARDS
INTERNET/INTRANET
The contractor shall comply with Department of Veterans Affairs (VA) Directive 6102 and VA Handbook 6102 (Internet/Intranet Services).
VA Directive 6102 sets forth policies and responsibilities for the planning, design, maintenance support, and any other functions related to the administration of a VA Internet/Intranet Service Site or related service (hereinafter referred to as Internet). This directive applies to all organizational elements in the Department. This policy applies to all individuals designing and/or maintaining VA Internet Service Sites; including but not limited to full time and part time employees, contractors, interns, and volunteers. This policy applies to all VA Internet/Intranet domains and servers that utilize VA resources. This includes but is not limited to va.gov and other extensions such as, “.com, .edu, .mil, .net, .org,” and personal Internet service pages managed from individual workstations.
VA Handbook 6102 establishes Department-wide procedures for managing, maintaining, establishing, and presenting VA Internet/Intranet Service Sites or related services (hereafter referred to as “Internet”). The handbook implements the policies contained in VA Directive 6102, Internet/Intranet Services. This includes, but is not limited to, File Transfer Protocol (FTP), Hypertext Markup Language (HTML), Simple Mail Transfer Protocol (SMTP), Web pages, Active Server Pages (ASP), e-mail forums, and list servers.
VA Directive 6102 and VA Handbook 6102 are available at:
Internet/Intranet Services Directive 6102 http://www.va.gov/pubs/directives/Information-Resources-Management-(IRM)/6102d.doc
Internet/Intranet Services Handbook 6102 http://www.va.gov/pubs/handbooks/Information-Resources-Management-(IRM)/6102h.doc
Internet/Intranet Services Handbook 6102 Change 1 – updates VA's cookie use policy, Section 508 guidelines, guidance on posting of Hot Topics, approved warning notices, and minor editorial errors.
http://www.va.gov/pubs/handbooks/Information-Resources-Management-(IRM)/61021h.doc
In addition, any technologies that enable a Network Delivered Application (NDA) to access or modify resources of the local machine that are outside of the browser’s ”sand box" are strictly prohibited. Specifically, this prohibition includes signed-applets, or any ActiveX controls delivered through a browser's session. ActiveX is expressly forbidden within the VA while .NET is allowed only when granted a waiver by the VA CIO *PRIOR* to use.
JavaScript is the preferred language standard for developing relatively simple interactions (i.e., forms validation, interactive menus, etc.) and Applets (J2SE APIs and Java Language) for complex network delivered applications.
SECTION 508
The contractor shall comply with Section 508 of the Rehabilitation Act (29 U.S.C. § 794d), as amended by the Workforce Investment Act of 1998 (P.L. 105-220), August 7, 1998.
In December 2000, the Architectural and Transportation Barriers Compliance Board (Access Board), pursuant to Section 508(2)(A) of the Rehabilitation Act Amendments of 1998, established Information Technology accessibility standards for the Federal Government. Section 508(a)(1) requires that when Federal departments or agencies develop, procure, maintain, or use Electronic and Information Technology (EIT), they shall ensure that the EIT allows Federal employees with disabilities to have access to and use of information and data that is comparable to the access to and use of information and data by other Federal employees. The Section 508 requirement also applies to members of the public seeking information or services from a Federal department or agency.
Section 508 text is available at:
http://www.opm.gov/HTML/508-textOfLaw.htm http://www.section508.gov/index.cfm?FuseAction=Content&ID=14
G. CONFIDENTIALITY AND NONDISCLOSURE
It is agreed that:
1. The preliminary and final deliverables and all associated working papers, application source code, and other material deemed relevant by the VA which have been generated by the contractor in the performance of this task order are the exclusive property of the U.S. Government and shall be submitted to the CO at the conclusion of the task order.
2. The CO will be the sole authorized official to release verbally or in writing, any data, the draft deliverables, the final deliverables, or any other written or printed materials pertaining to this task order. No information shall be released by the contractor. Any request for information relating to this task order presented to the contractor shall be submitted to the CO for response.
3. Press releases, marketing material or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the CO.
RECORDS MANAGEMENT AND CONTRACT SECURITY
A. Contractor shall comply with VA Handbook 6300.1 Records Management Procedures and VA Handbook 6500.6 Contract Security. Both can be found at:
https://www.va.gov/vapubs/search_action.cfm?dType=2
**Note: This link is the complete list of VA Handbooks and are in sequential order.
**Instructions for accessing VA Handbooks at link listed above:
• • Click on link above and once it is opened, please scroll down on the left side until you get to VA Handbook 6300.1.
• • Once there, go to the PDF Format Column and click on PDF.
• • VA Handbook 6300.1 will then ask you to open or save the document.
B. Please follow the same instructions listed above for accessing VA Handbook 6500.6.
All contractor employees working on this requirement are required to complete mandatory annual training entitled, “VA Privacy and Information Security Awareness” and “HIPPA Training” prior to providing service for each year of the contract with copies sent to the COR for each and available for audit as requested. The course numbers are VA10203 and VA 10176. You must select that you are a contractor. Contractor employees are to self-enroll into TMS via the link:
https://www.tms.va.gov/learning/user/SelfRegistrationUserSelection.do
A VA employee will escort the contractor when contractor is required to enter/work in sensitive areas.
B9. IDENTIFICATION, SMOKING AND VA REGULATIONS
The Contractor's FSE shall wear visible identification always while on the premises of the Augusta VA Medical Center. Contractor shall contact the Contracting Officer’s Representative (COR) upon contract award, to receive instructions on how to obtain a VA Identification Badge during the performance of this contract. Augusta VA Medical Center is a smoke free campus which includes both tobacco and e-cigarettes; tickets can be issued by Police Services. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court. Photography or Video on medical center premises is strictly prohibited.
Additionally, pursuant to 38 CFR 1.218(b) (23) Use of recording devices of any kind to record patients or employees is strictly prohibited.
B.3 PRICE/COST SCHEDULE
ITEM INFORMATION
ITEM
NUMBE
R
DESCRIPTION OF
SUPPLIES/SERVIC
ES
QUANTIT
Y
UNI
T UNIT PRICE AMOUNT
0001 12.00 MO ________________
Contractor shall provide all Preventive Maintenance (PM) services, Emergency Corrective Maintenance services, and vaporizer efficacy testing. The specific terms and CNVAMC requirements for the PM and Emergency services are detailed in this SOW and shall be met by the Contractor.
Contract Period: Base POP Begin: 03-01-2025 POP End: 02-28-2026
1001 12.00 MO ________________
Contractor shall provide all Preventive Maintenance (PM) services, Emergency Corrective Maintenance services, and vaporizer efficacy testing. The specific terms and CNVAMC requirements for the PM and Emergency services are detailed in this SOW and shall be met by the Contractor.
Contract Period: Option 1 POP Begin: 03-01-2026 POP End: 02-28-2027
2001 12.00 MO ________________
Contractor shall provide all Preventive Maintenance (PM) services, Emergency Corrective Maintenance services, and vaporizer efficacy testing. The specific terms and CNVAMC requirements for the PM and Emergency services are detailed in this SOW and shall be met by the Contractor.
Contract Period: Option 2 POP Begin: 03-01-2027 POP End: 02-29-2028
3001 12.00 MO ________________
Contractor shall provide all Preventive Maintenance (PM) services, Emergency Corrective Maintenance services, and vaporizer efficacy testing. The specific terms and CNVAMC requirements for the PM and Emergency services are detailed in this SOW and shall be met by the Contractor.
Contract Period: Option 3 POP Begin: 03-01-2028 POP End: 02-28-2029
4001 12.00 MO ________________ ________________
Contractor shall provide all Preventive Maintenance (PM) services, Emergency Corrective Maintenance services, and vaporizer efficacy testing. The specific terms and CNVAMC requirements for the PM and Emergency services are detailed in this SOW and shall be met by the Contractor.
Contract Period: Option 4 POP Begin: 03-01-2029 POP End: 02-28-2030
GRAND TOTAL ________________
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)
(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; 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…
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