36C24820Q1536.pdf

COMBINED SYNOPSIS/SOLICITATION RFQ 36C24820Q1536

General Information

Action Code: Combined Synopsis Solicitation

Document Type: RFQ

RFQ Number: 36C24820Q1536

Posted Date: 9/14/2020

Response Date: 09/17/2020 by 4:00PM EST

Classification Code: 7021

Set Aside: Small Business Concerns

NAICS Code: 334111

Contracting Office Address

NCO 8

ATTN: John H. Shultzaberger

300 East University Ave

Suite 170

Gainesville, FL 32601

Description

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in

FAR Subpart 12.6 in conjunction with Part 13, as supplemented with additional information included in this notice. This procurement is being conducted under Subpart 13.5 Simplified Procedures for Certain

Commercial items. This announcement constitutes the only solicitation for this action.

This solicitation is issued as a Request for Quote (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2020-07 effective

August 31, 2020.

The Network Contracting Office 8-SAO East intends to award a firm fixed priced contract, providing for all supplies, materials, equipment, labor, supervision, management and transportation, necessary to perform a LENEL compliance upgrade in accordance with the below Statement of Need (SON) and attached Price

Schedule.

The associated North American Industrial Classification System (NAICS) code for this procurement is

334111 – Electronic Computer Manufacturing, with a small business size standard of 1,250 employees.

Prospective offerors shall be a registered in the System for Award Management (SAM) at http://www.sam.gov to be considered for an award of a federal contract, and registration shall be complete and not missing elements such as representations and certifications.

To considered as a Service Disabled Veteran Owned Small Business (SDVOSB) prospective offerors shall be a verified SDVOSB in the VA Center for Verification and Evaluation (CVE) Veteran Information Pages

(VIP) pages https://www.vip.vetbiz.gov/ at the date and time set for receipt of offers.

Set-Aside Requirement: This procurement is set-aside for Service Disabled Veteran Owned Small

Business

You are reminded that representatives from your company SHALL NOT contact any North Florida/South

Georgia Veterans Health System staff to discuss this RFQ during this RFQ process. All questions and concerns regarding this RFQ shall be directed to John H. Shultzaberger, the Contracting Officer.

QUOTE SUBMISSION: Offers are due on/or before Wednesday, 9/17/2020 by 4:00 PM

Eastern. Quotes shall be sent by e‐mail “only” to the Contracting Officer (John H. Shultzaberger) at John.Shultzaberger@va.gov. The Government will award a Firm Fixed Priced (FFP) contract resulting from this RFQ to the responsible vendor whose quote is the best value to the government utilizing the evaluation criteria specified in this solicitation.

mailto:John.Shultzaberger@va.gov

36C24820Q1536

Table of Contents

COMBINED SYNOPSIS/SOLICITATION RFQ 36C24820Q1536

General Information

Contracting Office Address

Description

QUOTE SUBMISSION

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

STATEMENT OF NEED

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT

2018)

C.2 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

C.3 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.4 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.5 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.6 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JUN 2020)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)

E.3 52.216-1 TYPE OF CONTRACT (APR 1984)

E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.6 EVALUATION OF QUOTES

E.7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (JUN 2020)

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 36C248

Department of Veterans Affairs

Network Contracting Office 8 (NCO 8)

Commerce Building

300 E. University Ave. Ste. 180

Gainesville FL 32601-3460

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

[X] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Upon Completion

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment

Requests.

Department of Veterans Affairs

Financial Services Center

P.O. 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

STATEMENT OF NEED

1. GENERAL DESCRIPTION

1.1 NF/SG VAMC VHS has a need for the LENEL Upgrade and Compliance Project related to Physical Access Control System (PACS), Intrusion Detection Systems

(IDS), and Video Surveillance System (VSS).

1.2 The contractor shall furnish specified materials, equipment, and all labor, safety equipment, tools, supervision, and necessary transportation for the inspection, upgrade, and compliance services on PACS, IDS, and VSS systems.

2. SCOPE OF WORK

2.1 Contractor will procure and execute the upgrade of LENEL Onguard software from version 7.2 to 7.6 and other software and licenses associated to the upgrade of

LENEL system, and replace existing LENEL Virtual Machine (VM) Servers with new LENEL VM Servers with a Hanwha video solution. Then, the contractor will replace up to 300 existing non-compliant cameras with Hanwha DHS compliant cameras. The LENEL Onguard upgrade will consist of the following: First, the contractor will back up the database of the current system. Then the new 7.6 Onguard software will be put on the VM that is provided by the IT department. After that is complete, Contractor will merge the data on 7.2 to the VM that is running 7.6. The four (4) new client stations along with the two (2) badging stations will be installed and pointed towards the VM. At this point, the access control system will be upgraded and in-compliant. Contractor will then start working towards making the security cameras into compliant. This will be done by replacing current servers with servers that are running Windows 10 and the WAVE application. Once all servers are installed and cameras are swapped over, the contractor will execute on replacing non-compliant cameras with compliant cameras. Contractor will procure and execute the installation of all materials listed at the locations below, in addition to specific cameras identified as non-compliant.

Servers: Virtual Machine (VM) servers upgraded from Microsoft Server 2012 to

Microsoft Server 2016 Standard for LENEL systems as those VM’s will support

Physical Access Control System (PACS), IDS, and VSS systems throughout all NF/SG locations.

Client Computers: The four (4) new client stations along with the two (2) badging stations will be installed and pointed towards the VM’s.

2.2 The contractor shall obtain all necessary licenses and/or permits required to perform the work associated on the upgrade and compliance for hardware & software of

LENEL PACS, IDS, and VSS systems.

2.3 The contractor shall furnish all labor, supervision, tools, safety equipment, and a mode of transportation to provide full upgrade and compliant services. Upgrade and

Compliant services will include tests, adjustments, troubleshooting, and repairs including command programming necessary to keep the PACS, IDS, and VSS systems in continuous operation as specified by the equipment manufacturer. All adjustments, repairs, and modifications must be approved by the Contracting

Officer’s Representative (COR) and conform to the VA guidelines and/or the industry standards, as applicable, whichever is more stringent. The Physical Access Control

Office in FMS Engineering utilizes the following documents as references.

VA Handbook 0730/4 Appendix B

VA Handbook 6500 HSPD-12 PTV II Compliance and Issuance

National Fire Protection Association 101 Life Safety Code, most recent edition

Department of Veterans Affairs Physical Security Design Manual January 2015

2.4 The contractor shall ensure that all areas in which work is being conducted will be kept clean from debris, trash, and dirt. The contractor shall clean and vacuum all work areas during work as needed and after work has been completed to remove dust and debris from the area.

2.5 The contractor shall perform all safety tests, diagnostic tests, and other associated tests and inspection as recommended and required by the VA Handbook 0730/4.

2.6 The primary locations will be at the VA Medical Center – Gainesville and Lake City, Florida; however additional VA Clinics are listed below in addition to the scope of work.

2.7 All tests and inspections that will remove any system from normal operation shall be scheduled at least three (3) working days in advance with the COR.

2.8 The contractor shall immediately notify the contracting officer (CO) and the contracting officer’s representative (COR) in writing or email of the existence of the development of any defects in, installations or repairs required to maintain any of the

PACS, IDS, and VSS systems which the contractor considers to be outside the scope of the contract.

2.8.1 The contractor shall furnish a written estimate of the cost to make necessary installations or repairs. The contracting officer reserves the right to solicit the services of other contractors to correct the issue.

2.8.2 The government reserves the right to perform emergency installations or repairs to any PACS, IDS, and VSS systems by any means if the COR determines there is a serious threat to patient or employee safety.

2.9 Equipment deficiencies not meeting the manufacturer’s operational standards shall be corrected by the contractor. The contractor shall submit a written estimate for parts/materials to correct the deficiencies within five (5) working days from the date the deficiencies were discovered.

3. CONTRACTOR’S FURNISHED EQUIPMENT

3.1 Components, equipment, software, and licenses associated to the LENEL Onguard system with Hanwha video solution including servers, workstations, and procurement and replacement of non-compliant security cameras with Hanwha, DHS compliant security cameras.

4. GOVERNMENT FURNISHED EQUIPMENT

4.1 Components, equipment, software, and licenses associated with LENEL VM Servers.

Gainesville VAMC

LENEL Virtual Machine (VM) Servers

Intel® Xeon® CPU E5-2695 v2 @ 2.40GHZ, 200GB HD, 8GB RAM, Microsoft Server

2016 Standard

Intel® Xeon® CPU E5-2695 v2 @ 2.40GHZ, 200GB HD, 8GB RAM, Microsoft Server

2016 Standard

Intel® Xeon® CPU E5-2695 v2 @ 2.40GHZ, 200GB HD, 8GB RAM, Microsoft Server

2016 Standard

Intel® Xeon® CPU E5-2695 v2 @ 2.40GHZ, 200GB HD, 8GB RAM, Microsoft Server

2016 Standard

5. Annual Software Licenses:

5.1 The vendor shall provide one-time software license which must include all software upgrades and changes at no additional charge throughout the contract period of performance.

6. Recovery Plan:

6.1 If video server and VM are not online by 4am on the work night following installation, upgrade, and compliance, revert back to existing LENEL Ongaurd 7.2

System.

7. Maintenance:

7.1 Maintenance will be in-house after expiration of standard-manufacturer parts and labor one (1) year warranty.

8. Schedule:

8.1 Installation, upgrade, and compliance should be scheduled at night time to minimize downtime of the network.

9. SPECIAL REQUIREMENTS

9.1 VA Police will issue identification badges to contractors, employees and sub-contractors which must always be worn while on VA property.

9.2 Contractor shall keep the area and corridor cleaned daily. All unused materials and boxes must be hauled or thrown away.

10. QUALIFICATIONS/ CERTIFICATIONS

10.1 The contractor shall be qualified and have the required levels of professional and technical experience to perform the work required by this statement of work.

10.2 The contractor shall designate a “competent person” in accordance with 29 CFR

1926.32(f) which states, “One who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous or dangerous to employees and who has authorization to take prompt corrective measures to eliminate them.” The contractor shall instruct each of his employees in the recognition and avoidance of unsafe conditions and the regulations applicable to his work environment to control or eliminate any hazards or other exposure to illness or injury.

11. TOOLS AND EQUIPMENT

11.1 All equipment, tools, etc., shall be properly maintained while on the project and shall be adequate, in quality and capacity, for proper execution of the work.

12. INCIDENTAL FEES

12.1 All travel costs associated with the performance of this contract are the responsibility of the contractor and are provided at no additional cost to the government as part of this contract.

12.2 The VAMC NF/SG VHS will not be responsible for any incidental charges in the performance of this LENEL upgrade and in-compliance service contract including, but not limited to (parking, tolls, mileage, phone, etc., on straight time or overtime work).

13. EMERGENCY CALL BACK SERVICE

13.1 Emergency call back is defined as a request to troubleshoot/ repair a certain

PACS, IDS, VSS system device or equipment, after normal working hours.

13.2 Emergency call back services shall be provided 24 hours a day, seven days a week, as requested by the COR or designated representative.

13.3 The contractor shall provide call back services for each said system device or equipment as follows. (See Section 3 & 4 for supported systems.)

13.4 Emergency call back service requests will be submitted to the contractor by the

COR or designee.

13.5 Emergency service or repairs will be authorized by the COR, which occur after the normal hours of operation.

14. Hours of Work, Policies, and Procedures

14.1 The contractor shall comply with the following procedures when a physical security system is removed from service.

14.1.1 The contractor shall notify the contract COR immediately, the contractor will also notify the space or offsite owner either by phone or in person and follow-up with email documentation, prior to removing the system from service. If work requires more than one (1) day, daily updates will be made. The contractor shall notify the COR and the spaces or offsite owner when putting the system back into service.

14.1.2 When planned work requires a PACS, IDS, and VSS system to be taken out of service, the contractor is required to perform this work after hours and/ or during weekends, and when possible, to use federal holidays listed below to minimize disruption to normal hospital operations.

New Year’s Day President’s Day Martin Luther King Day

Memorial Day Independence Day Labor Day

Columbus Day Veteran’s Day Thanksgiving Day

Christmas Day

14.1.3 The contractor shall immediately notify the COR or the FMS Engineering

Office or the Police Service Office of the existence or the development of any serious upgrade or repair issues that immediately affect the patient or staff safety.

14.2 The contractor shall submit a written estimate to the FMS Engineering Office or

COR which the contractor considers being outside the scope of the contract. The contractor shall furnish a written estimate within two (2) working days to the COR that will correct the safety issue. If the VA concurs with the written estimate, a modification to the existing contract will be executed for this proposal.

15. CONTRACTOR CONDUCT

15.1 The contractor shall prohibit their employees from disturbing paper on desks, opening desks, drawers, or cabinets, or using telephones or office equipment provided for unofficial Medical Center and Clinics use.

15.2 The contractor shall require his employees to comply with the instructions pertaining to conduct and other regulations called to the contractor’s attention by the

CO/COR, Federal Protective Officers, Inspectors, etc.

15.3 The contractor shall require their employees comply with all VA rules and regulations pertaining to the conduct of his employees while on station, particular attention the NF/SG VAMC is a NON SMOKING facility. Smoking is not permitted in any building owned and leased by the federal government at any time, smoking is only permitted in designated smoking areas.

16. SAFETY REQULATIONS

16.1 The contractor shall adhere to all OSHA (Occupational Safety and Health

Administration), EPA (Environmental Protection Agency), NFPA (National Fire

Protection Agency), Life Safety Codes, and all other regulatory requirements.

16.2 In performance of this contract, the contractor shall follow VAMC NF/SG VHS policy and standard for safe work practices, and take such safety precautions as the safety officer or designee may determine to be reasonably necessary to protect the lives and health of occupants of the building. The contractor shall comply with the

VAMC NF/SG VHS smoking policy, which designates all interior spaces as non-smoking areas.

16.3 Patient, employee, visitors, and contractor personnel safety shall be maintained at all times. The contractor is responsible for the occupation safety and health of his/her employees. The contractor shall comply with all applicable OSHA safety and health standards. The contractor shall restore all safety guards, equipment, devices, etc.

removed to service or repair the said systems immediately after completion of work or when leaving the job unattended.

16.4 The contractor shall submit to the COR, prior to the start of the contract, the

Material Safety Data Sheet (MSDS)for all potentially hazardous materials (lubricants, cleaners, working fluids, etc.) to be used in the facility in the performance of the contract, and will not use, in the facility, such materials which have not been so cleared in advance with NF/SG VAMC VHS. MSDS for new chemicals shall be furnished concurrently with the arrival of the new chemical on site. The contractor shall maintain a copy of all MSDS at the chemical storage site in a location accessible to NF/SG VAMC VHS personnel to assure compliance with all laws and requirements regarding the “Right to Know” law.

16.5 The contractor is responsible to identify, provide, and maintain all Personal

Protective Equipment required to perform the duties outlined in the contract. In addition, the contractor is responsible for identifying and providing all applicable safety programs (i.e., lockout/tag out, confined space entry, universal precautions, etc.), required for performing the work. Training on required safety programs and the proper use of PPE’s shall be provided, and documentation maintained by the contractor.

16.6 The contractor shall obtain Hot Work permits from the safety officer whenever soldering, welding, using a cutting torch, or other open flame, spark, or heat producing equipment. The contractor is required to follow ALL requirements outlined for the insurance of the Hot Work permit.

16.7 The contractor shall be notified of any non-compliance with the previous provisions from the contracting officer. The contractor shall, after receipt of such notice, immediately correct the condition and notify the contracting in writing that the condition has been corrected. If, in the opinion of the safety officer or designee, the condition is life threatening, he/she shall instruct the contractor to stop work until the condition has been corrected. IF the contractor fails or refuses to comply promptly, the contracting officer may issue an order halting of all or any part of the work, and the contractor may be held in default.

16.7.1 The contractor bears all costs of stop work time due to safety hazards.

16.7.2 The contractor will not be held liable for any stop work time or costs due to environmental safety hazards beyond the contractor’s control.

16.8 The contractor shall provide within fifteen (15) working days after the kickoff of this contract a detailed listing of the following information.

16.8.1 Safety program/procedures are required to be followed by the contractor’s personnel in the performance of their duties and when such duties and when such procedures are required.

16.8.2 Listing of Personnel Protective Equipment (PPE) required to be utilized by the contractor’s personnel in the performance of their duties and also when equipment will be required.

16.8.3 Material Safety Data Sheets (MSDS’s) for any chemicals(s) utilized by the contractor in the performance of this contract.

16.9 The contractor is responsible for the supervision of all their employees while on government property. It is the contractor’s responsibility to assure compliance with the scope of work and requirements referenced in the contract. Provisions provided in the scope of work are not intended to relieve the contractor of this responsibility.

17. QUALITY CONTROL PROGRAM

17.1 The contractor shall establish a complete quality control program to assure the requirements of the contract are provided as specified, within thirty (30) working days after the kickoff of this contract, the contractor shall submit a copy of this program to the COR, for approval. The program shall include but not limited to the following.

17.2 A system for identifying and correcting deficiencies in the quality of services before the level of performance becomes unacceptable and/or the Medical Center inspectors point out deficiencies.

17.3 A file of all inspections conducted by the contractor and the corrective action taken. This documentation shall be made available to the Medical Center upon request at any time during the term of the contract.

17.4 Emergency Telephone Numbers: The contractor shall provide the COR with pertinent emergency telephone numbers, in order to summon assistance in case an emergency develops. At least one of the emergency telephone numbers shall be provided to the COR, prior to the contract start date.

18. FINAL INSPECTIONS, TEST, AND ACCEPTANCE

18.1 All work shall be inspected during installation and at final completion, tested and accepted by the VA technical representative OR VA COR.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVI

CES

QUANTI

TY

UNI

T UNIT PRICE AMOUNT

2.00 EA _______________

64 Terabyte Hanwha Video Servers PRODUCT/SERVICE CODE: 7021 - Information Technology Central Processing Unit (CPU, Computer), Digital

4.00 EA _______________

Add 8GB RAM for Xeon Scalable Serial Processors

1.00 EA _______________

APC LCD 19' KVM Console

Upgrade and Replace Client Workstations (Lenel-S2)

2.00 EA _______________

Upgrade and Replace Client Badging Workstation (Lenel S- 2)

VM Ware Software (Lenel S-2)

17.00 EA _______________

Hanwha Camera License Set of 48

Pro Susp Plan Tier 4 (Lenel S-2)

OnGuard User Direct Tech Support (Lenel S-2)

Lenel OnGuard Software Version 7.6

62.00 EA _______________

Replace Non-Compliant Interlogix Cameras with Compliant Hanwha H.265 IR Dome Cameras

1.00 JB _______________

Installation

64 Terabyte Hanwha Video Servers

20 Terabyte Hanwha Video Server

Add 8GB RAM for Xeon Scalable Serial Processors

APC LCD 19' KVM Console

7.00 EA _______________

Replace Non-Compliant Interlogix Cameras with Compliant Hanwha H.265 IR Dome Cameras

Installation

7 Terabyte Hanwha Video Server

8.00 EA _______________

Replace Non-Compliant Interlogix Cameras with Compliant Hanwha H.265 IR Dome Cameras

Installation

10 Terabyte Hanwha Video Server

Installation

36 Terabyte Hanwha Video Server

3.00 EA _______________

Replace Non-Compliant Interlogix Cameras with Compliant Hanwha H.265 IR Dome Cameras

Installation

10 Terabyte Hanwha Video Server

APC LCD 19' KVM Console

Installation

10 Terabyte Hanwha Video Server

APC LCD 19' KVM Console

Installation

GRAND TOTAL _______________

B.3 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY

DELIVERY

DATE

0001 SHIP TO: Department of Veterans Affairs Malcom Randall VA Medical Center 1601 SW Archer RD Gainesville, FL 32608

USA

2.00 10 Months ARO

MARK

FOR:

Antonio Porcare 352-376-1611 x105108 Antonio.Porcare@va.gov

0002 SHIP TO: Department of Veterans Affairs Malcom Randall VA Medical Center 1601 SW Archer RD Gainesville, FL 32608

4.00 10 Months ARO

FOR:

Antonio Porcare

0003 SHIP TO: Department of Veterans Affairs

1602 SW Archer RD Gainesville, FL 32609

1.00 10 Months ARO

FOR:

Antonio Porcare

0004 SHIP TO: Department of Veterans Affairs

1603 SW Archer RD Gainesville, FL 32610

FOR:

Antonio Porcare

0005 SHIP TO: Department of Veterans Affairs

1604 SW Archer RD Gainesville, FL 32611

2.00 10 Months ARO

MARK

FOR:

Antonio Porcare

0006 SHIP TO: Department of Veterans Affairs

1605 SW Archer RD Gainesville, FL 32612

FOR:

Antonio Porcare

0007 SHIP TO: Department of Veterans Affairs

1606 SW Archer RD Gainesville, FL 32613

17.00 10 Months ARO

FOR:

Antonio Porcare

0008 SHIP TO: Department of Veterans Affairs

1607 SW Archer RD Gainesville, FL 32614

FOR:

Antonio Porcare

0009 SHIP TO: Department of Veterans Affairs

1608 SW Archer RD Gainesville, FL 32615

FOR:

Antonio Porcare

0010 SHIP TO: Department of Veterans Affairs

1609 SW Archer RD Gainesville, FL 32616

FOR:

Antonio Porcare

0011 SHIP TO: Department of Veterans Affairs

1610 SW Archer RD Gainesville, FL 32617

62.00 10 Months ARO

FOR:

Antonio Porcare

0012 SHIP TO: Department of Veterans Affairs

1611 SW Archer RD Gainesville, FL 32618

FOR:

Antonio Porcare

0013 SHIP TO: Department of Veterans Affairs Lake City VA Medical Center 619 S. Marion Ave Lake City, FL 32025

FOR:

Antonio Porcare

0014 SHIP TO: Department of Veterans Affairs

619 S. Marion Ave

FOR:

Antonio Porcare

0015 SHIP TO: Department of Veterans Affairs

619 S. Marion Ave

FOR:

Antonio Porcare

0016 SHIP TO: Department of Veterans Affairs

619 S. Marion Ave

FOR:

Antonio Porcare

0017 SHIP TO: Department of Veterans Affairs

619 S. Marion Ave

7.00 10 Months ARO

FOR:

Antonio Porcare

0018 SHIP TO: Department of Veterans Affairs

619 S. Marion Ave

FOR:

Antonio Porcare

0019 SHIP TO: Department of Veterans Affairs The Villages OPC Mental Health & Ambulatory Center 8900 SE 165th Mulberry Ln The Villages, FL 32162

FOR:

Antonio Porcare

0020 SHIP TO: Department of Veterans Affairs

Ambulatory Center 8900 SE 165th Mulberry Ln

FL 32162

8.00 10 Months ARO

FOR:

Antonio Porcare

0021 SHIP TO: Department of Veterans Affairs

Ambulatory Center 8900 SE 165th Mulberry Ln

FL 32162

FOR:

Antonio Porcare

0022 SHIP TO: Department of Veterans Affairs Jacksonville Clara White CRRC 605 W. Beaver St.

Jacksonville, FL 32202

MARK

FOR:

Antonio Porcare

0023 SHIP TO: Department of Veterans Affairs Jacksonville Clara White CRRC 605 W. Beaver St.

Jacksonville, FL 32202

FOR:

Antonio Porcare

0024 SHIP TO: Department of Veterans Affairs The Honor Center 1604 SE 3rd Ave Gainesville, FL 32601

FOR:

Antonio Porcare

0025 SHIP TO: Department of Veterans Affairs

1604 SE 3rd Ave

3.00 10 Months ARO

FOR:

Antonio Porcare

0026 SHIP TO: Department of Veterans Affairs

1604 SE 3rd Ave

FOR:

Antonio Porcare

0027 SHIP TO: Department of Veterans Affairs Tallahassee National Cemetery 5015 Apalachee Pkwy Tallahassee, FL 32311

FOR:

Antonio Porcare

0028 SHIP TO: Department of Veterans Affairs 5015 Apalachee Pkwy

MARK

FOR:

Antonio Porcare

0029 SHIP TO: Department of Veterans Affairs Tallahassee National Cemetery 5015 Apalachee Pkwy

FOR:

Antonio Porcare

0030 SHIP TO: Department of Veterans Affairs Tallahassee Vet Center 2002 Old St. Augustine Rd Ste 100 Tallahassee, FL 32301

FOR:

Antonio Porcare

0031 SHIP TO: Department of Veterans Affairs

2002 Old St. Augustine Rd Ste 100

FOR:

Antonio Porcare

0032 SHIP TO: Department of Veterans Affairs

2002 Old St. Augustine Rd Ste 100

FOR:

Antonio Porcare

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS (OCT 2018)

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

Government must exercise its post-acceptance rights—

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

and

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims

Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the

Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

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

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the

Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the

Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

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

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

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

(i) Payment.—

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt

Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-

5(b) for the appropriate EFT clause.

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

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

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

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

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

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

(D) Contractor point of contact.

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

Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the

Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the

Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The

Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the

Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain

Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and

41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with

Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service

(TOS), or similar legal instrument or agreement, that includes any clause requiring the

Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

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

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

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

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

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

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS

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

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

C.2 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the

Contractor within 30 Days. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

(End of Clause)

C.3 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

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

Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

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

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

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

[] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

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

Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

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

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

Index.

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

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

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

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

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

Aside.

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

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

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small

Businesses in Obtaining Bonds.

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

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

[X] 852.233–71, Alternate Protest Procedure.

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

[X] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

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

[] 852.270–1, Representatives of Contracting Officers.

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

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

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

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

[] 852.273–74, Award without Exchanges.

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

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause)

C.4 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—

MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-

Owned Small Business Set-Aside.

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

(c) All support contractors conducting this review on behalf of VA will be required to sign an

“Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

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

(End of Clause)

C.5 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

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

FAR

Number

Title Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

JUN 2020

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON

POSTCONSUMER FIBER CONTENT PAPER

MAY 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

JUL 2016

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

DEC 2013

(End of Addendum to 52.212-4)

C.6 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS

(JUN 2020)

(a) The Contractor shall comply with the following Federal…