36C24W25R0040_1.docx

36C24W25R0040

GENERAL INFORMATION

SET-ASIDE

Regional Procurement Office West (RPOW) 3237 Peacekeeper Way Building 200 Suite 204 McClellan Park CA 95652

POINT OF CONTACT*

Contract Specialist Robert M. Clark Jr robert.clark15@va.gov 254-661-4699

PLACE OF PERFORMANCE

Tulsa VA Medical Center

440 S. Houston Ave

Tulsa OK

COUNTRY

ADDITIONAL INFORMATION

EMAIL DESCRIPTION

Solicitation Notice Solicitation Notice

DESCRIPTION

Solicitation Notice

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9.

ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE

WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15

CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT

ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET

FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C24W 623-25-2-2455-0001 623-25-2-4455-0002 36C24W25R0040 02- -2025 Robert M Clark Jr 254-661-4699 -2025 12:00pm

CST

36C24W Department of Veterans Affairs Regional Procurement Office West (RPOW) 3237 Peacekeeper Way Building 200 Suite 204 McClellan Park CA 95652 X 339112 1000 Employees N/A X 36C259 Department of Veterans Affairs Tulsa VA Medical Center 440 S. Houston Ave Tulsa OK 74127 36C24W Department of Veterans Affairs Regional Procurement Office West (RPOW) 3237 Peacekeeper Way Building 200 Suite 204 McClellan Park CA 95652

This will be accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.

(877)-353-9791

(512) 460-5540 See CONTINUATION Page Contractor shall provide equipment, delivery, installation and warranty for Computerized Supply Storage Cabinets to the Tulsa Veterans Affairs Medical Center in accordance with the Statement of Work, and the terms and conditions incorporated herein.

THIS

SOLICIATION IS ONLY FOR AUTHROIZED DISTRIBUTORS OF

OMNICELL, INC. PRODUCTS.

All vendor question MUST be submitted NLT February 19 , 2025.

Please submit all quotes to the Administrative Contracting Officer at robert.clark15@va.gov See CONTINUATION Page X X X Page 1 of Table of Contents

A.2 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C24W Robert M. Clark Jr Department of Veterans Affairs Regional Procurement Office West (RPOW) 3237 Peacekeeper Way Building 200 Suite 204 McClellan Park CA 95652

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

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

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

Page 1 of

A.3 STATEMENT OF WORK

STATEMENT OF WORK (SOW)

Eastern Oklahoma VA Health Care System Provision and Installation of Computerized Storage Cabinets At the new Tulsa VA Medical Center

GENERAL

PURPOSE / OBJECTIVE: Eastern Oklahoma VA Health Care System (EOVAHCS) requires a contractor to provide and install computerized supply storage cabinets that can connect with the VA network and integrate with the existing computerized storage cabinet systems, software, and databases, already in use at other EOVAHCS facilities and clinics. Contractor is required to provide and install product at the location and delivery times outlined in this SOW, in a cost effective, efficient, and safe manner, while in accordance with the VA Mission.

BACKGROUND: The Eastern Oklahoma VA Health Care System (EOVAHCS) currently uses Omnicell computerized supply storage cabinets. A building in Tulsa, Oklahoma, is currently being renovated for the purpose of being used as the new Tulsa VA Medical Center (VAMC) in September 2025. There is already an existing major system in place at EOVAHCS with Omnicell equipment that integrates with a coherent interface for end-to-end inventory and management of medications. The new computerized storage cabinets must be able to integrate with the existing local Pharmacy and Supply Chain Management logistics database and system used with the current Omnicell cabinets. No other brand has been found to be compatible with the Omnicell cabinets and database systems already in place at EOVAHCS. There currently are no computerized supply storage cabinets installed in the building intended for the new Tulsa VAMC.

LOCATION: The new Tulsa VA Medical Center will be located at 440 S. Houston Ave, Tulsa, Oklahoma 74127.

PERFORMANCE PERIOD/DELIVERY TIMES: The VA requires delivery and installation of product during September and October 2025. Support services are required following installation of the equipment and extending for a year following installation.

The Contractor shall furnish all contract oversight, management, Technically Trained Personnel, OEM authorizations to support provision and installation of OEM products, applicable licenses, uniforms, equipment, tools, materials, supplies, storage, insurances, shipping and delivery costs, and transportations necessary to provide the products, and associated installation, for EOVAHCS in accordance with this SOW. Any services associated with this product are considered non-personal services. The Contractor, its employees, agents, and subcontractors shall not be considered VA employees for any purpose of fulfilling the SOW and shall be considered employees of the Contractor.

Qualifications of Contractor: For a contract of this size, scope and complexity, the successful Contractor must provide products and perform in a professional manner and quality as recognized by commercial industry standards as good to excellent. Contractor must provide to the COR and CO, and maintain for the life of the contract, written certification from the Original Equipment Manufacturer (OEM) that authorizes the Contractor to provide and install the products and software, as detailed in the Contractor’s quote and identified in this SOW.

SCOPE: EOVAHCS requires a contractor to provide equipment and installation that meets or exceeds the physical, functional, and performance of the listed salient characteristics in the following sections. The equipment features are essential to the technical requirements to meet the department's needs and account for retrofitting an existing structure.

SALIENT CHARACTERISTICS

Contractor is required to provide the following products and software, including installation at the location outlined in this SOW.

Pharmacy 12 Each ANT-DRW-005 FLEXBIN 2222, XT SNGLDOSE

DRW GUIDELIGHT

6 Each ANT-DRW-009 DRAWER,12 BIN

LOCKING, AWS-XT

6 Each ANT-FRM-006 XT ANESTHESIA WORKSTATION

W-BIO ID

6 Each ANT-OPT-023 PANEL, EMERGENCY

BREAKAWAY, AWS-XT

6 Each ANT-OPT-025 TILT 4-BIN ORGANIZER, AWS-XT

6 Each ANT-OPT-026 TILT 5-BIN ORGANIZER, AWS-XT

6 Each ANT-OPT-027 TILT 6-BIN ORGANIZER, AWS-XT

6 Each ANT-OPT-028 EXTERNAL RETURN BIN, AWS-XT

6 Each ANT-PNT-005 SYRINGE LABEL PRINTER -

EPSON & SHELF

6 Each ANT-SCN-009 2D ITEM SCAN, AWS-XT

1 Each CPA-AIO-001 CENTRAL PHARMACY

MANAGER AIO

1 Each CPA-INT-001 EDI PURCHASE ORDER IN

INTERFACE

1 Each CPA-INT-002 EDI PURCHASE ORDER OUT

INTERFACE

1 Each CPA-INT-004 NEW ORDERS TO CENTRAL

PHARMACY

1 Each CPA-INT-005 CARTFILL TO CENTRAL

PHARMACY

1 Each CPA-LIC-001 CENTRAL PHARMACY

MANAGER LIC FIRST COPY

1 Each CPA-PNT-007 CPA SATO LABEL PRINTER, WS408

1 Each CPA-SCN-001 2D BARCODE SCANNER, CPA

1 Each CPA-SCN-002 BIO-ID READER, DESKTOP, USB

24 Each MED-DRW-010 OPEN CONFIGURABLE DRAWER

96 Each MED-DRW-009 METAL LOCKING DRAWER

3 Each MED-FRM-101 XT MED 1-CELL CABINET Solution includes:

*XT MED 1-CELL CABINET

*XT CONSOLE- BIOID, MED LBL

a. RCPT PRNTR

*SW LICENSE- PROFILE OPTION

*SW LICENSE- SCHEDULED

MEDS

*XT SCANNER, WIRED 1,2,3

CELL

4 Each MED-FRM-102 XT MED 2-CELL CABINET Solution includes:

*XT MED 2-CELL CABINET

*XT CONSOLE- BIOID, MED LBL

a. RCPT PRNTR

*SW LICENSE- PROFILE OPTION

*SW LICENSE- SCHEDULED

MEDS

*XT SCANNER, WIRED 1,2,3

CELL

1 Each MED-FRM-103 XT MED 3-CELL CABINET Solution includes:

*XT MED 3-CELL CABINET

*XT CONSOLE- BIOID, MED LBL

a. RCPT PRNTR

*SW LICENSE- PROFILE OPTION

*SW LICENSE- SCHEDULED

MEDS

*XT SCANNER, WIRED 1,2,3

CELL

8 Each MED-OPT-002 XT EXTERNAL RETURN BIN, WIRED CAB MOUNT

2 Each OMC-LIC-031 OC REMOTE ACCESS LICENSE

6 Each OMC-SFW-057 OMNICENTER UNITY

14 Each MSA-SUB-006 PREMIUM WIN10 PACKAGE; 120 MONTH

SUBSCRIPTION

1 Each OMC-SRV-091 OC SERVER WIN2019 21-175 DEVICES

1 Each OMC-SRV-094 OC VIRTUAL WIN 2019 TEST SERVER

8 Each SRD-OPT-012 XT FLEXLOCK WITH 50FT CABLE, INSTALLED Supply Chain Management

41 Each MSA-SUB-006 PREMIUM WIN10 PACKAGE; 120 MONTH

SUBSCRIPTION

1 Each SUP-AUX-101 XT SUP AUX 1-CELL CABINET

9 Each SUP-AUX-102 XT SUP AUX 2-CELL CABINET

20 Each SUP-AUX-103 XT SUP AUX 3-CELL CABINET

13 Each SUP-FRM-102 XT SUP 2-CELL CABINET Solution includes:

*XT SUP 2-CELL CABINET

*XT CONSOLE- BIOID

*SW LICENSE, OPEN SUPPLY

*XT SCANNER, WIRED 1,2,3

CELL

28 Each SUP-FRM-103 XT SUP 3-CELL CABINET Solution includes:

1 Each SUP-OTH-001 XT SUPPLY RACK

1 Each OMC-SRV-091 OC SERVER WIN2019 21-175 DEVICES

1 Each OMC-SRV-094 OC VIRTUAL WIN 2019 TEST SERVER

1 Each XOR TRANSACTION BASED ORDER INTERFACE

Installation Support and Delivery

40 Each IFS-LAB-002 BILL INT SUPPORT SV, BUS HR, 4 HR MIN

80 Each IFS-LAB-005 BILL SYS ENG SUPPORT SV, MIN 4 BUS HRS

1 Each SRD-SUB-004 OMNICELL INSTITUTE SUBSCRIPTION

1 Each ASN ADVANCED SHIPPING NOTICE

1 Each OCE-LIC-002 OMNICELL CLOUD CONNECTION

Qualifications of Contractor OEM-Trained Technicians: Contractor shall document, in writing, their experience in working on the equipment listed in this SOW as well as the qualifications of individuals who will work on the equipment.

INSTALLATION AND TRAINING: Installation and staff training are to be provided as part of this procurement. Delivery and installation must be coordinated with the local COR. See the Performance section below.

Contractor shall provide certified in-service training for all shifts of SCM and Pharmacy staff at no additional cost to the Government, for any equipment new to this facility. Maintenance, repair, and annual certifications must be included in training.

Dates to be coordinated with facility and COR. Initial training is anticipated between October and December 2025 and will be spread out in multiple sessions over the course of a week.

Training shall include each new type of cabinet and software.

Training and support to be ongoing for users.

1. Manuals: Contractor shall provide electronic copies of the user manuals and repair manuals for each different model of product and software installed under this order or contract at no additional cost to the government.

Installation, in addition to the time required for setup of the individual cells and cabinets. The contractor will provide a senior technical expert for server setup and testing.

QUALITY

Conformance Standards Refer to section on Safety and Compliance in this SOW.

Rework or Remedy Rework or Remedy is defined as performing the Service again until the Purpose of this SOW is achieved in full. This involves less than Satisfactory Service by the Contractor and as noted by the COR. Rework or Remedy occurs at no additional cost to the Government. Payment will be withheld until all services are performed to the Satisfactory level in accordance with this SOW and as documented by the COR.

INSPECTION

Will be performed a representative from Supply Chain Management and Pharmacy. Each resultant inspection shall be documented and provided to the COR within 7 days of installation along with any inspection documentation or checklists required by the manufacturer. Any changes in inspection requirements during the period of installation will be communicated to the Contractor immediately.

Inspection and Acceptance of Products and Services: The Government reserves the right to inspect and test services in accordance with this SOW and the Contract. The only individual authorized to officially accept services is the COR. While inspection of services may be delegated by the COR and a shared responsibility with departmental management staff, the COR is ultimately the only authorized individual to approve and accept services on behalf of the VA.

WARRANTY OF EQUIPMENT

Government requirement for standard manufacturer industry warranty term. The government does not accept an extended warranty, which requires advance payment. Warranty to begin on 1st Patient Day, currently date is Jan 20, 2026

PERFORMANCE PERIOD AND DELIVERY:

Normal duty hours are 8:00 a.m. through 4:00 p.m., Monday through Friday, not including federal holidays. Whenever contact with a facility is required outside of normal duty hours, the Contractor shall coordinate these times with the designated COR.

In accordance with 5 U.S.C. 6103, Executive Order 11582, and Public Law 94-97, the following national holidays are observed and for the purpose of this contract are defined as “Legal Federal official holidays.”

New Year’s Martin Luther King’s Birthday

Christmas Day In addition to the days designated as holidays, the Government observes the following days:

Any other day designated by Federal Statute Any other day designated by Executive Order Any other day designated by the President of the United States to be a Federal holiday.

SAFETY AND COMPLIANCE

Waste Removal The contractor is responsible for removing and properly disposing of all waste related to the services provided on-site at all VA facilities.

The Contractor must perform services and ensure equipment functions in accordance with:

a) local, state, and federal Occupational Safety and Health guidelines and legislation, to include Occupational Safety and Health Administration (OSHA), the American National Standards Institute (ANSI) safety guidelines.

b) local, state, and federal Fire and Safety legislation and guidelines, to include VA Health Care System directives and legislation on Fire and Safety, as well as the latest published edition of NFPA-99 (Health Care Facilities Code)

REGULATORY REQUIRMENTS:

a. Food and Drug Administration (FDA) Quality System Regulation as stated in 21 CFR Part 820

b. Occupational Safety and Health Administration (OSHA) Medical Center Policies Each VA Medical Center has policies that are updated from time to time. The COR can provide more detailed information to the contractor of these upon commencement of the contract and throughout the term of the contract, as needed, especially policies regarding, parking, possession of weapons, cell phone use and photography as well as smoking on VA property. Violations of such policies may result in individual fines or citation answerable in the United States (Federal) District Court Contractor Point of Contact (POC) The Contractor shall specify an individual who shall serve as a single point of contact for all contract issues (POC). Contractor must provide the COR and Contracting Office with the POC contact details, to include business phone number or cell phone number and email, as a minimum:

a) Within 5 business days of contract award,

b) Within 5 business days after renewal or extension of services in accordance with, and if permitted by applicable FAR clause, and

c) Within 5 business days prior to a change in the POC by the Contractor.

The POC must be easily accessible by phone and return COR calls within 48 hours of a voice message left by the COR.

LIABILITIES AND INSURANCES

Protection from Damage Contractor shall provide all labor, materials, and equipment necessary for protection of VAMC personnel, furnishings, equipment and buildings from damage, and shall replace or repair any damage due to work performed under this contract equal to its original construction and finish.

Liability Insurance Contractor must provide the COR and the CO with written confirmation that Contractor has adequate insurance protection against negligent work and other forms of liability.

SECURITY:

Information Security The vendor 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 vendor’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 vendor shall follow all applicable VA policies and procedures governing information security, especially those that pertain to certification accreditation.

Contract 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 apply to all subcontractor personnel requiring the same access. If the security clearance investigation is not completed before 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 the resources necessary to remedy the incident.

A.4 PRICE/COST SCHEDULE

ADT - Admission/Discharge/Tran PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

ANT-DRW-005 FLEXBIN 2222, XT SNGLDOSE DRW GUIDELIGHT

ANT-DRW-009 DRAWER, 12 BIN LOCKING, AWS-XT

ANT-FRM-006 XT ANESTHESIA WORKSTATION W/BIO ID

ANT-OPT-023 PANEL, EMERGENCY BREAKAWAY, AWS-XT

ANT-OPT-025 TILT 4-BIN ORGANIZER, AWS-XT

ANT-OPT-026 TITLT 5-BIN ORGANIZER, AWS-XT

ANT-OPT-027 TILT 6-BIN ORGANIZER, AWS-XT

ANT-OPT-028 EXTERNAL RETURN BIN, AWS-XT

ANT-PNT-005 SYRINGE LABEL PRINTER-EPSON & SHELF

ANT-SCN-009 2D ITEM SCAN, AWS-XT

CPA-AIO-001 CENTRAL PHARMACY MANAGER AIO

CPA-INT-001 EDI PURCHASE ORDER IN INTERFACE

CPA-INT-002 EDI PURCHASE ORDER OUT INTERFACE

CPA-INT-004 NEW ORDERS TO CENTRAL PHARMACY

CPA-INT-005 CARTFILL TO CENTRAL PHARMACY

CPA-LIC-001 CENTRAL PHARMACY MANAGER LIC FIRST COPY

CPA-PNT-007 CPA SATO LABEL PRINTER, WS408

CPA-SCN-001 2D BARCODE SCANNER, CPA

CPA-SCN-001 BIO-ID READER, DESKTOP, USB

MED-DRW-010 OPEN CONFIGURABLE DRAWER

MED-DRW-009 METAL LOCKING DRAWER

MED-FRM-101

XT MED 1-CELL CABINET Solution includes:

XT MED 1-CELL CABINET

XT CONSOLE- BIOID, MED LBL & RCPT PRNTR

SW LICENSE- PROFILE OPTION

SW LICENSE- SCHEDULED MEDS

XT SCANNER, WIRED (1,2,3 CELL)

MED-FRM-102

XT MED 2-CELL CABINET Solution includes:

XT MED 2-CELL CABINET

XT CONSOLE- BIOID, MED LBL & RCPT PRNTR

SW LICENSE- PROFILE OPTION

SW LICENSE- SCHEDULED MEDS

XT SCANNER, WIRED (1,2,3 CELL)

MED-FRM-103

XT MED 3-CELL CABINET Solution includes:

XT MED 3-CELL CABINET, *XT CONSOLE- BIOID, MED

LBL, a. RCPT PRNTR

SW LICENSE- PROFILE OPTION

SW LICENSE- SCHEDULED MEDS

XT SCANNER, WIRED 1,2,3 CELL

MED-OPT-002 XT EXTERNAL RETURN BIN, WIRED CAB MOUNT

MSA-LIC-009 WIN10 PREMIMUM O/S PACKAGE

OMC-LIC-031 OC REMOTE ACCESS LICENSE WIN2019

OMC-SFW-057 OMNICENTER UNITY SOFTWARE -- Solution includes OmniCenter Unity Software, OmniConnection License, SafetyStock Suite

OMC-SRV-091 OMNICENTER SERVER 21-175 DEVICES

OMC-SRV-094 VIRTUAL TEST SERVER VMWARE

RXC PATIENT BILLING-PHARMACY

RXF FORMULARY UPDATE

RXI MED ORDERS INSTALLATION

RXP MEDICATION ORDERS

SRD-OPT-012 XT FLEXLOCK WITH 50 FT CABLE INSTALLED

ZPM BIN LOAD/UNLOAD INTERFACE

ASN ADVANCED SHIPPING NOTICE

IFS-LAB-005 BILL SYS ENG SUPPORT SV MIN 4 BUS HRS

MSA-LIC-009 WIN10 PREMIMUM O/S PACKAGE

OMC-LIC-031 OC REMOTE ACCESS LICENSE WIN2019

OMC-SFW-057 OMNICENTER UNITY SOFTWARE -- Solution includes OmniCenter Unity Software, OmniConnection License, SafetyStock Suite

OMC-SRV-091 OMNICENTER SERVER 21-175 DEVICES

OMC-SRV-094 VIRTUAL TEST SERVER VMWARE

SUP-AUX-101 XT SUP AUX 1-CELL CABINET

SUP-AUX-102 XT SUP AUX 2-CELL CABINET

SUP-AUX-103 XT SUP AUX 3-CELL CABINET

SUP-FRM-102 XT SUP 2-CELL CABINET

Solution includes:

*XT SUP 2-CELL CABINET

*XT CONSOLE- BIOID

*SW LICENSE, OPEN SUPPLY

*XT SCANNER, WIRED (1,2,3 CELL)

SUP-FRM-103 XT SUP 3-CELL CABINET

Solution includes:

*XT SUP 3-CELL CABINET

*XT CONSOLE- BIOID

*SW LICENSE, OPEN SUPPLY

*XT SCANNER, WIRED (1,2,3 CELL)

SUP-OTH-001 XT SUPPLY RACK

XOR TRANSACTION-BASED ORDER INTERFACE

GRAND TOTAL

Page 1 of

SECTION B - CONTINUATION OF SF 1449 BLOCKS

36C24W25R0040

Page 1 of Page 1 of

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 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)

C.2 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):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

C.3 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause)

C.4 VAAR 852.204-71 INFORMATION AND INFORMATION SYSTEMS SECURITY (FEB 2023)

(a) Definitions. As used in this clause—Business Associate means an entity, including an individual (other than a member of the workforce of a covered entity), company, organization or another covered entity, as defined by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule, that performs or assists in the performance of a function or activity on behalf of the Veterans Health Administration (VHA) that involves the creating, receiving, maintaining, transmitting of, or having access to, protected health information (PHI). The term also includes a subcontractor of a business associate that creates, receives, maintains, or transmits PHI on behalf of the business associate.

Business Associate Agreement (BAA) means the agreement, as dictated by the Privacy Rule, between VHA and a business associate, which must be entered into in addition to the underlying contract for services and before any release of PHI can be made to the business associate, in order for the business associate to perform certain functions or activities on behalf of VHA.

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information whether automated or manual.

Information technology (see FAR 2.101) also means Information and Communication Technology (ICT).

Information technology-related contracts means those contracts which include services (including support services), and related resources for information technology as defined in 802.101.

Privacy officer means the VA official with responsibility for implementing and oversight of privacy related policies and practices that impact a given VA acquisition.

Sensitive personal information means, with respect to an individual, any information about the individual maintained by VA, including but not limited to the following:

(1) Education, financial transactions, medical history, and criminal or employment history.

(2) Information that can be used to distinguish or trace the individual’s identity, including but not limited to name, social security number, date and place of birth, mother’s maiden name, or biometric records.

Security plan means a formal document that provides an overview of the security requirements for an information system or an information security program and describes the security controls in place or planned for meeting those requirements.

VA Information Security Rules of Behavior for Organizational Users (VA National Rules of Behavior) means a set of VA rules that describes the responsibilities and expected behavior of users of VA information or information systems.

VA sensitive information means all VA data, on any storage media or in any form or format, which requires protection due to the risk of harm that could result from inadvertent or deliberate disclosure, alteration, or destruction of the information and includes sensitive personal information. The term includes information where improper use or disclosure could adversely affect the ability of VA to accomplish its mission, proprietary information, records about individuals requiring protection under various confidentiality provisions such as the Privacy Act and the HIPAA Privacy Rule, and information that can be withheld under the Freedom of Information Act. Examples of VA sensitive information include the following:

individually-identifiable medical, benefits, and personnel information; financial, budgetary, research, quality assurance, confidential commercial, critical infrastructure, investigatory, and law enforcement information; information that is confidential and privileged in litigation such as information protected by the deliberative process privilege, attorney work-product privilege, and the attorney-client privilege; and other information which, if released, could result in violation of law or harm or unfairness to any individual or group, or could adversely affect the national interest or the conduct of Federal programs.

(b) General. Contractors, subcontractors, their employees, third-parties, and business associates with access to VA information, information systems, or information technology (IT) or providing and accessing IT-related goods and services, shall adhere to VA Directive 6500, VA Cybersecurity Program, and the directives and handbooks in the VA 6500 series related to VA information (including VA sensitive information and sensitive personal information and information systems security and privacy), as well as those set forth in the contract specifications, statement of work, or performance work statement.