36C25220Q0263-001.docx

36C25220Q0263

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.

DUNS:

DUNS+4:

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. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

676-20-1-969-0002 36C25220Q0263 01-16-2020 Chesak, Thomas 414-844-4813 01-23-2020

11:59 PM (CT)

36C252 Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) 115 S 84th Street, Suite 101 Milwaukee WI 53214-1476 X X 339112 1000 Employees N/A X 36C252 Department of Veterans Affairs Tomah VAMC 500 E. Veterans Street Building 402A Tomah WI 54660-3105 36C252 Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) 115 S 84th Street, Suite 101 Milwaukee WI 53214-1476

Department of Veterans Affairs Financial Services Center PO Box 149971 Austin TX 78714-9971 877-353-9791 512-460-5540 See CONTINUATION Page Seven (7) Bar Code Medication Administration (BCMA) Carts for the Tomah VAMC located in Tomah, Wisconsin.

Brand Name (HOWARD MEDICAL) Only Total Small Business Set Aside

SEE CONTINUATION PAGES

See CONTINUATION Page

676-3600160-969-824100-3131-A0XXXX 010044158

X X X

ONE

Thomas H. Chesak

VA-VHA-SAOC-2016-69A44B8A

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

(Continuation from Standard Form 1449, block 18A.)

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

A. CONTRACTOR: _______________________________ (Contractor’s Name)

_______________________________ (Address)

_______________________________ (City-State-Zip)

_______________________________ (Point of Contact / Title)

_______________________________ (Phone Number)

_______________________________ (E-Mail Address)

_______________________________ (DUNS Number)

_______________________________ (Federal Tax ID)

(414) 844-4813 thomas.chesak@va.gov

The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitment or issue changes that will affect price, quantity or quality of performance of this contract. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred thereof.

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

[X] 52.232-3, Payment by Electronic Funds Transfer – System for Award Management.

3. INVOICES: Invoices shall be submitted in arrears in accordance with:

1. 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012).

1. UPON ACCEPTANCE OF ITEMS.

1. Reference PO IFCAP: 676-A0xxxx on all invoices to avoid delay in payment.

4. GOVERNMENT INVOICE ADDRESS: All invoices from the contractor shall be submitted electronically in accordance with 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012).

FACSIMILE, E-MAIL, AND SCANNED DOCUMENTS ARE NOT ACCEPTABLE FORMS OF SUBMISSION FOR PAYMENT REQUESTS For assistance setting up e-Invoice, the below information is provided:

* Tungsten Network e-Invoice Setup Information: 1-877-489-6135.

* Tungsten e-Invoice email: VA.Registration@ob10.com.

* FSC e-Invoice Contact Information: 1-877-353-9791.

* FSC e-invoice email: vafsccshd@va.gov.

Vendors can inquire on the status of payments by accessing the Vendor Inquiry System (VIS) at: https://www.vis.fsc.va.gov/login.aspx?ReturnUrl=%2fDefault.aspx

B.2 BASIS OF AWARD:

This Total Small Business Set Aside, Brand Name (HOWARD MEDICAL) Only Request for Quote (RFQ) is issued i/a/w: FAR Part 13 and 12. Award will be presented to the lowest priced, technically acceptable offer.

TO BE CONSIDERED AND/OR EVALUATED THE FOLLOWING IS REQUIRED WITH QUOTE:

- Complete the Schedule of Supplies/Services and Prices/Costs included in the RFQ.

- Sign and date RFQ 1449.

- Provide letter of authorization to distribute from OEM (HOWARD MEDICAL).

NOTE: Failure to provide all the information specified above may render your quotation unacceptable and ineligible for award.

B.3 SCHEDULE OF SUPPLIES/SERVICES AND PRICES/COSTS

(SF 1449, Continuation of Blocks 19 – 24)

Contractor shall provide seven (7) Bar Code Medication Administration (BCMA) Carts, HOWARD MEDICAL brand name only. This requirement is for the Tomah VAMC in Tomah, Wisconsin.

The contractor shall provide the brand name only (HOWARD MEDICAL) items below.

7.00

EA

Bar Code Medication Administration (BCMA) Cart, HOWARD MEDICAL brand name only.

INCLUDES THE FOLLOWING:

System Type: Howard HI-Paradigm E

BASE112 -

HI-Paradigm E Cart Description -

• Central control panel for drawer access, power system controls, battery fuel gauge with visual and audible alerts, height adjustments, and light controls.

• Motorized work surface height adjustment.

- with 3-tier storage without add-on: 35” sitting to 47.6” standing.

- with 6-tier storage or 3-tier with add-on: 42” to 47.6” standing.

• LCD VESA monitor mount with motorized height adjustment (5.25” range).

- Monitor mount for 75 or 100mm VESA, includes tilt and swivel motions, supports vertical or horizontal monitor orientation.

• Large work surface area (17”W x 14.3”D) with translucent protective cover.

• Large, fan cooled, electronic locking PC compartment (dimensions: 17.1”W x 12.5”D x 3.2”H).

• PowerMax 150 power system with 655 Whr (51.2 ah) Lithium Iron Phosphate battery - (see details below).

• (4) 5” premium casters with 2 locking casters on front.

• Ergonomic adjustable push handles w/ soft-touch grip on front of cart and wrap around handle on sides and rear.

• Slide-out keyboard tray with positive and negative tilt feature and integral wrist rest.

- Max keyboard dimensions (18.2” W x 7.5” D x 1.6” H).

• On demand electronic Steering Assist Technology (see details below).

• Premium lighting package - (see details below).

• Mouse surface and mouse pouch on left or right side of keyboard.

• Integral AC power distribution with 6 AC receptacles for powering customer equipment.

• Universal accessory mounting locations on rear of cart and on monitor mount.

• Cable management area with easy access panels to manage and house excess cables.

• 8 ft two-section coiled power cord with hospital-grade AC plug, dual integrated hooks, and replaceable plug section.

• Includes 7-port USB Hub.

• Cart overall size 21.4”W x 23.3”D, Base foot print 19” W x 20” D.

• Foot rests on front legs to help reduce fatigue.

• Anti-microbial agents in touch surfaces to help reduce the spread of certain types of bacteria.

• Tool-less, snap on, battery cover.

• Standard gray/white color scheme.

• Cart and cart accessories ship fully assembled in one box for convenience.

• Includes select software from Mobile Care suite.

• 3 Year Standard Warranty.

WARRANTY -

HI-Paradigm E Cart, 3/3/3/3 Standard Warranty.

Howard Medical carts are manufactured in compliance with the highest standards for extreme durability and maximum reliability. Each cart is inspected and tested individually to ensure the superior performance required by healthcare professionals. Backed by Howard Medical’s top-rated comprehensive warranty and world-class support team, you have every reason to expect optimal cart performance now and for many years to come.

For more information about Howard Medical warranties, visit us online at http://www.howard-medical.com/warranty.cfm or call us at 888.323.3151.

• 3 Years on Mechanical Components.

• 3 Years on Electrical Components.

• 3 Years on Lithium Battery Defect.

• 3 Years on Lithium Battery Performance.

PowerMax 150 with 655 Whr (51.2 ah) Lithium Iron Phosphate Battery - Rechargeable, high-efficiency power system; for powering devices up to 150W (150VA); 20A charger; 120VAC true sine output; battery supports long cycle life, fast recharge, and is durable, safe, environmentally friendly and lightweight.

Features:

• High output efficiency (85%).

• Reusable air filter minimizes dust ingestion, improves reliability.

• Long battery life; high cycle life.

• Fast charging (100% recharge in about 2.8 hrs).

• Durable- recovery from prolonged discharge.

• Safe-excellent stability.

• Lower cost of ownership.

• Lightweight 13.2 lb Battery.

Steer Assist Technology for Paradigm E - Steering Assist Technology (SAT) is an innovative feature facilitating the smooth, effortless steering of Howard Medical carts. When SAT is engaged, the rear casters are allowed to act as pivot points easing and stabilizing the navigation around corners and other changes in direction.

Premium Lighting Package for HI-Care E and HI-Paradigm E - The premium lighting package includes three lighting features that allow you to gain needed extra light while working at night without disturbing your patient. Each light is equipped with one touch On/Off located on the control panel.

Features:

Work Surface Lamp

• Provides light onto the cart work surface top while working in unlighted areas.

• LED light with adjustable brightness and selectable light color. White or red hue.

Keyboard Light

• Provides light onto the keyboard for typing while allowing your patient to rest

• LED light with adjustable brightness.

Med Drawer Light

• Provides light onto the front and top of med drawers to retrieve medication without disturbing patient.

HI-PARIDIGM E/X SIX-TIER ADVANCED ELECTRONIC LOCKING STORAGE CABINET (6TPEDME2A-MM3333) -

• (2) 1 Tier General Storage Drawers filling rows 1 & 2.

- Drawers measure 16”W x 2.75”H x 12”D.

- Interlocking drawer dividers included.

• (2) Removable Two-Tier Cassettes with 6 Patient Bins (12 total) filling rows 3 thru 6.

- Patient bins measure 5.5”W x 2.5”H x 12”D each.

- Non-interlocking dividers included for each patient bin.

• Does NOT support add-on Storage.

• Accepts Narcotic Lock Option on top drawer, see PEDMACC033 below.

HI-PARADIGM E/X ADD ELCTRONIC NARCOTICS LOCK OPTION FOR ONE (1) TIER DRAWER IN TOP ROW OF 6-TIER CABINET (PEDMOPT003) -

• Provides second level locking for the uppermost single tier drawer only.

• Bypass key included for emergency access.

• Not compatible with 3 Tier Storage Cabinet.

WIRELESS023 -

Antenna mounting bracket for DELL Optiplex 7060 & 7070 models external puck aerial antenna extension. Bracket mounts to top two holes of cart LCD VESA, placing antenna behind monitor at top central location for best reception and free from interfering with monitor arm or behind the monitor mounted accessories or devices.

WKSFC097 -

Integration Kit for Ultra Small Form Factor, Thin Client, or All-In-One PC -

• Includes mounting hardware to allow installation of computing device in the PC cavity under the worksurface, or connection of All-In-One computing device.

Kit Includes:

• 1ea - 3ft. USB ext. cable.

• 10ea - Cable ties.

• 1ea - PC Tie down strap.

• 2ea - Movable anchors with hardware.

• 4ea - Adhesive Backed Rubber feet.

• Cable Markers and Labels.

• Monitor Integration screws, VESA Spa, cable wrap.

BARCODE086 -

Barcode Scanner Mount Kit for Universal Wireless or Tethered Scanners Scanner mounting adapters that may be configured to support multiple types and models of handheld barcode scanners. Attaches to VESA pattern behind the monitor and places scanners just behind the right edge of the monitor, but within the cart footprint for protection.

Universal Wireless mount supports the following brands and models: • Honeywell 1902 • Motorola DS6878HC-FIPS (not non-FIPS) • Code 2500 wireless handle mount (original and new version) • Code 2600 (may limit LCD swivel range) • Datalogic GBT4100 & GBT4400 • Intermec SG20 • Zebra DS8178-HC (with upright standard base).

Universal Tethered Scanner mount supports most handheld barcode scanners having a gun-style form factor.

• Scanner, Charger Base, or Cabling not included.

POCACC029 -

Cup Dispensers:

• Includes 1-each: small, medium, large type I & type II cup dispensers, to accommodate full range of large size cups.

• Load cups through top hinged lid.

• Dispenses cups from the bottom.

• Included mounting bracket Installs on standard 100mm VESA pattern behind the monitor and places cups to the left of the monitor arm.

• Does not include cups.

• Large size cupholders cannot be used in pairs, some combinations may require limiting or locking out monitor swivel feature.

UNIVACC021 -

Rear Handle w/ Basket:

• Rear Handle Measures - 14" W x 4" D.

• Basket Measures - 13” W x 7.5” H x 3” with 355 cubic inches of space.

KBD041 -

Keyboard, Full Size, White, USB, Washable, Anti-Microbial:

- Keyboard installed on Cart, Howard Brand, installed on Cart, White, antimicrobial, washable, 104 key, USB connection, 17.5” x 6” x 1”.

MOUSE013 -

Mouse, washable, white:

- Mouse, Howard Brand, Optical, waterproof, antimicrobial, white, 3-buttob with scroll, USB connected.

DELL 7070 MFF -

Dell OptiPlex 7070 MFF XCTOG Intel® Core™ i7-9700 (8 Cores/12MB/8T/3.0GHz to 4.8GHz/65W):

- supports Windows 10/Linux Windows 10 Pro 64bit English, French, Spanish 16GB 1X16GB DDR4 2666MHz Non-ECC 2.5 inch 500GB 7200rpm FIPS Self Encrypting Opal 2.0 Hard Disk Drive Intel® vPro Technology Enabled Intel® Wireless-AC 9560, Dual-band 2x2 802.11ac Wi-Fi with MU-MIMO + Bluetooth 5 with External Antenna HDMI 2.0b Video Port for Micro 3 Years ProSupportFlex with Next Business Day Onsite & KYHD Service, Fed.

MONITOR012 -

Monitor, 24', White:

- Monitor, full 24” diagonal viewable size, white housing, 1920 x 1080 resolution, 3-year manufacturer warranty.

ZEBRA DS8178-HC -

TCG configured Zebra DS8178-HC FIPS Healthcare scanner kit for VA BCMA:

- Includes presentation cradle (with magnet) DS8178-HC FIPS Scanner with magnet, battery, USB cable, and TCG BCMA configuration card with TCG EWP protection with 3 year comprehensive warranty.

SOFTWARE -

Power Manager:

Power Manager is a powerful web based tool for remote monitoring and management of cart power systems on your entire fleet of Howard Medical carts. The application runs as a web service allowing easy access by an administrator anywhere on your network via a web browser. Carts on your network will automatically ”call home” to Power Manager, announce themselves and request to be managed and then periodically ”call home” to report power system data. Power Manager provides administrators detailed control over power system data logging, alarm thresholds, and notification rules used for real-time alarm notification. Data from cart power systems throughout your fleet is continuously pushed up to and stored in Power Manager for later review. Robust data mining and reporting tools are available to analyze collected cart power system data or you can export the data for further analysis by 3rd party tools. Power Manager also keeps track of the last two wireless access points used by each cart to “call home” thus providing a simple way to track recent movement of carts and to determine the last known location of carts that have gone offline. Power Manager can be used with all Howard carts.

SOFTWARE -

Power Display:

Power Display is a web based tool that runs on the local computing device on each cart providing direct access to power supply data as well as communication with Power Manager. Power Display also provides a small on-screen battery fuel gauge that displays real time battery capacity and charging state. The web interface provided by Power Display allows you to view the cart’s real time power data, power data logs, and event data logs from a browser either locally at the cart or from any location on the network. The Power Display background service, which is transparent to local users, handles communication with Power Manager to periodically “call home” and report power system data.

SOFTWARE -

Med Manager:

Med Manager is a powerful web based tool for remote management of cart settings and med drawer access permissions on your entire fleet of Howard Medical carts. The application runs as a web service allowing easy access by an administrator anywhere on your network via a web browser. Carts on your network will automatically ”call home” to Med Manager, announce themselves and request to be managed and then periodically ”call home” to check for new data. Med Manager provides administrators detailed control over cart behavior and user permissions individually or in groups. Data from carts throughout your fleet is continuously pushed up to and stored in Med Manager for later review including general cart configuration data and detailed information about who accessed which drawers and when. Robust data mining and reporting tools are available to analyze cart, user, and med drawer access data or you can export the data for further analysis by 3rd party tools. Med Manager also keeps track of the last two wireless access points used by each cart to “call home” thus providing a simple way to track recent movement of carts and to determine the last known location of carts that have gone offline. Med Manager can be used with all Howard carts that include electronic locking storage and can be used with X series carts with or without storage.

SOFTWARE -

Med Display:

Med Display is a Windows application that runs on the local computing device on each cart providing direct access to local med drawer cabinets, cart settings, audit records, and drawer calibration. The Med Display background service, which is transparent to local users, handles communication with Med Manager and periodically “calls home” to report any new audit data and retrieve any pending cart updates.

CARD READER -

SCM USB Smart Card Reader (ROM), 1-year manufacturer warranty.

LOCAL STOCK NUMBER: BASE112

GRAND TOTAL: $__________________

B.4 DELIVERY SCHEDULE

Tomah VAMC 500 East Veterans Street, Building 402A Tomah, WI 54660 3105

USA

_____ - DAYS ARO

***Please indicate how long it would take to complete procurement after receiving order, i.e. 30-Days ARO***

608-372-3971 ext. 61447 michael.seehafer@va.gov

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 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

(a) Definitions. As used in this clause— Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that—

(1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into SAM;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

System for Award Management (SAM) means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes—

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See http://www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) If the solicitation for this contract contained the provision 52.204–7 with its Alternate I, and the Contractor was unable to register prior to award, the Contractor shall be registered in SAM within 30 days after award or before three days prior to submission of the first invoice, whichever occurs first.

(c) The Contractor shall maintain registration in SAM during contract performance and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement. The Contractor is responsible for the currency, accuracy and completeness of the data within SAM, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in SAM after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in SAM to ensure it is current, accurate and complete. Updating information in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(d)(1)(i) If a Contractor has legally changed its business name or ‘‘doing business as’’ name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to—

(A) Change the name in SAM;

(B)Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (d)(1)(i) of this clause, or fails to perform the agreement at paragraph (d)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the ‘‘Suspension of Payment’’ paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in SAM. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the EFT clause of this contract.

(3) The Contractor shall ensure that the unique entity identifier is maintained with the entity designated at www.sam.gov for establishment of the unique entity identifier throughout the life of the contract. The Contractor shall communicate any change to the unique entity identifier to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the unique entity identifier does not necessarily require a novation be accomplished.

(e) Contractors may obtain additional information on registration and annual confirmation requirements at www.sam.gov.

(End of Clause)

C.3 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)

(a) Definition. As used in this clause— Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

(b) Contractors shall ensure that the CAGE code is maintained throughout the life of the contract. For contractors registered in the System for Award Management (SAM), the DLA Commercial and Government Entity (CAGE) Branch shall only modify data received from SAM in the CAGE master file if the contractor initiates those changes via update of its SAM registration. Contractors undergoing a novation or change-of-name agreement shall notify the contracting officer in accordance with subpart 42.12. The contractor shall communicate any change to the CAGE code to the contracting officer within 30 days after the change, so that a modification can be issued to update the CAGE code on the contract.

(c) Contractors located in the United States or its outlying areas that are not registered in SAM shall submit written change requests to the DLA Commercial and Government Entity (CAGE) Branch. Requests for changes shall be provided at https://cage.dla.mil. Change requests to the CAGE master file are accepted from the entity identified by the code.

(d) Contractors located outside the United States and its outlying areas that are not registered in SAM shall contact the appropriate National Codification Bureau (points of contact available at http://www.nato.int/structur/AC/135/main/links/contacts.htm) or NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx to request CAGE changes.

(e) Additional guidance for maintaining CAGE codes is available at https://cage.dla.mil.

(End of Clause)

C.4 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011)

(a) Definition. "Small business concern," as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(b) Applicability. This clause applies only to—

(1) Contracts that have been totally set aside or reserved for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(d) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.

(End of Clause) C.5 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

(End of Clause)

C.6 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

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

(End of Clause)

C.7 VAAR 852.211-70 EQUIPMENT OPERATION AND MAINTENANCE MANUALS (NOV 2018)

The Contractor shall follow standard commercial practices to furnish manual(s), handbook(s) or brochure(s) containing operation, installation, and maintenance instructions, including pictures or illustrations, schematics, and complete repair/test guides, as necessary, for technical medical equipment and devices, and/or other technical and mechanical equipment provided per CLIN(s) 0001. The manuals, handbooks or brochures shall be provided in hard copy, soft copy or with electronic access instructions, consistent with standard industry practices for the equipment or device. Where applicable, the manuals, handbooks or brochures will include electrical data and connection diagrams for all utilities. The documentation shall also contain a complete list of all replaceable parts showing part number, name, and quantity required.

(End of Clause)

C.8 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause.