About this file

This document is a request for quotation for a communication and messaging system for a Department of Veterans Affairs medical facility. The RFQ is a total service-disabled veteran owned small business set aside for a Vocera brand or equal system to be installed at the William S. Middleton Memorial Veterans Hospital in Madison, Wisconsin by 26 August 2021. The requirement includes Vocera software licenses, hardware, maintenance and support services for 150 voice users and 50 messaging users. The RFQ also specifies equipment quantities such as 140 dual-band badges, 280 batteries, 20 chargers and related supplies. Offerors must meet minimum specifications for an equivalent system if offering an alternative to Vocera.

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36C25221Q0976

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

607-21-3-969-0172 36C25221Q0976 08-13-2021

CHESAK, THOMAS

414-844-4813 08-26-2021

11:59 PM

CDT

36C252 Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) 115 S 84th Street, Suite 101 Milwaukee

WI

53214-1476 X X 334220 1250 Employees N/A X 36C252

SEE CONTINUATION PAGES

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

COMMUNICATION AND MESSAGING SYSTEM FOR THE WILLIAM S.

MIDDLETON MEMORIAL VETERANS HOSPITAL IN MADISON, WISCONSIN.

TOTAL SERVICE-DISABLED VETERAN OWNED SMALL BUSINESS SET

ASIDE.

BRAND NAME (VOCERA) OR EQUAL.

SEE CONTINUATION PAGES

See CONTINUATION Page

607-3610160-969-820200-3131-A1XXXX 010044158

X X

ONE

THOMAS H. CHESAK

VA-VHA-SAOC-2016-69A44B8A

Table of Contents

SECTION A1
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS1
SECTION B - CONTINUATION OF SF 1449 BLOCKS3
B.1 CONTRACT ADMINISTRATION DATA3
B.2 STATEMENT OF WORK4
B.3 SCHEDULE OF SUPPLIES/SERVICES AND PRICES/COSTS:7
B.1 PRICE/COST SCHEDULE7
ITEM INFORMATION7
B.2 DELIVERY SCHEDULE23
SECTION C - CONTRACT CLAUSES26
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)26
C.2 52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST (JUN 2020)32
C.3 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (JUN 2020)35
C.4 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011)35
C.5 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)36
C.6 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)38
C.7 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)39
C.8 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)39
C.9 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)39
C.10 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)40
C.11 VAAR 852.212-71 GRAY MARKET ITEMS (APR 2020)41
C.12 VAAR 852.212-72 GRAY MARKET AND COUNTERFEIT ITEMS (MAR 2020)42
C.13 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)42
C.14 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021) (JUL 2020) (DEVIATION)42
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS51
SECTION E - SOLICITATION PROVISIONS52
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JUL 2021)52
E.2 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)56
E.3 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)57
E.4 52.211-6 BRAND NAME OR EQUAL (AUG 1999)59
E.5 52.233-2 SERVICE OF PROTEST (SEP 2006)59
E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (FEB 2021) (JUL 2020) (DEVIATION)60

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)
B. GOVERNMENT:Thomas Chesak / Contracting Officer
Great Lakes Acquisition Center
115 S. 84th Street, Suite 101
Milwaukee, WI 53295

(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] 52.232-33, 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 2018).

1. UPON ACCEPTANCE OF ITEMS.

1. Reference PO IFCAP: 607-A1xxxx 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 2018).

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:

* Vendors must register online at http://www.tungsten-network.com/veteransaffairs/.

* Tungsten Network Setup Information: 1-866-340-4980.

* Tungsten Network email: VA.Registration@tungsten-network.com.

* FSC Vendor Support Section Contact: 1-877-353-9791.

* FSC Vendor Support Section email: vafsccshd@va.gov.

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

B.2 STATEMENT OF WORK

Background The William S. Middleton Memorial Veterans Hospital (Madison VA) located in Madison, Wisconsin, requires a Communication and Messaging System, Brand Name (VOCERA) or equal.

The Communication and Messaging System shall enable voice calls to individuals and teams / groups without having to know who is on shift or what number to call. The system shall be able to maintain an unlimited amount of these groups to eliminate the need to program groups ad hoc. This helps keep clinicians at the bedside and saves staff time and frustration associated with keeping up to date on-call schedules and ensures that every call reaches its desired end point.

The system will be utilized in the following areas: Operating Room (OR), Prep Recovery (PACU), Anesthesia, Ambulatory Surgery/6A, and Community Living Center (CLC). The facility will be establishing a system administrator specifically for this system.

Scope The work will be performed at the Madison VA, 2500 Overlook Terrace, Madison WI 53705. The contractor will deliver, install, and provide training on the System.

Specific Tasks

- Contractor shall manufacture a complete Communication and Messaging System.

- The Communication and Messaging System shall be delivered to the Madison VA Hospital at 2500 Overlook Terrace, Madison, WI, 53705.

- After delivery, the Communication and Messaging System will be received by the Madison VA Logistics / Warehouse staff, received in the Madison VA Service’s Equipment Inventory, barcoded and safety inspected by the Madison VA Biomedical Engineering.

- The contractor shall schedule a date for on-site set-up and installation of the stand-alone equipment as well as staff training with the Madison VA Point of Contact:

Mark Heritage Chief Biomedical Engineer mark.heritage@va.gov 608-256-1901

- After set-up, the contractor is required to demonstrate the equipment works as designed.

- Once this is completed and accepted by the Madison VA Point of Contact, the contractor will provide staff on-site training.

- Contractor shall provide copy of operator manual.

- Contractor shall provide technical support as it relates to the performance of the system.

- Contractor shall dispose of all shipping / packing materials.

Performance Monitoring This project will be overseen by:

- Mark Heritage, Chief Biomedical Engineering.

- Rooney Freimund, Perioperative Chief.

- Gerianne Thielemann, Operating Room Manager.

- Maria Albers, Perioperative Business Manager.

The contractor shall also designate a project manager. The Madison VA Point of Contact shall monitor contractor performance and certify the work was done in accordance with the contract. The Madison VA Point of Contact shall review timeliness and quality of services in accordance with the contract. Any concerns related to performance will be communicated to the contractor and Contracting Officer (CO) and this communication will be documented and added to the contract folder.

Security & Privacy Control There is no access to patient records with this system. Other systems pertaining to security requirements will be handled by the Madison VA OI&T and the contractor project manager.

The Certification & Accreditation (C&A) requirements of VHA Handbook 6500.6 do not apply to this requirement; therefore, a Security Accreditation package is not required. No C&A or MOU/ISA is required. Sensitive information exposure as part of this contract involves applicable security controls within the facility as part of the VA Information Security Program.

For installation and/or on-site training (if applicable), contractor must be escorted and accompanied by VA staff always to ensure the VA sensitive information is protected.

If there are any questions related to privacy, please have a member of your staff contact the VA Privacy Service at 202-461-6309. If there are any questions related to the information security, please have a member of your staff contact the Office of Cyber Security at 304-262-7733.

Government-Furnished Equipment (GFE)/Government-Furnished Information (GFI) The government shall not provide any equipment to the contractor. The contractor shall supply their own tools for execution of this contract. The contractor shall be responsible for securing contractor-owned equipment at all times. Any lost or stolen equipment must be reported as soon as it is known to the Madison VA Point of Contact.

Other Pertinent Information or Special Considerations The contractor shall be responsible to ensure contractors employees providing work on this contract are fully trained and completely competent to perform the required work.

Place of Performance William S. Middleton Memorial Veterans Hospital 2500 Overlook Terrace Madison, WI 53705

(Departments: OR, PACU, Anesthesia, Ambulatory Surgery, CLC) Period of Performance This will be a base year, plus four on-year option periods.

The implementation and installation shall be scheduled within 30-days of award.

Basis of Award This Total Service-Disabled Small Business Set Aside, Brand Name (VOCERA) or Equal Request for Quote (RFQ) is issued i/a/w: FAR Part 12 and 13. Award will be presented to the lowest priced, technically acceptable offer.

Terms of Warranty:

The Contractor warrants that the items will be free from defects from materials and workmanship under normal use for a period of not less than 12-months for equipment defined herein.

Contractor shall replace or repair equipment if necessary, to the satisfaction of the Government.

Contractor shall provide a copy of the written warranty upon acceptance of the equipment.

Requirements Communication and Messaging System (including Software Licenses, Hardware and Software Maintenance and Support Services) VOCERA Brand Name or Equal.

General Specifications Needed To Be Met Or Exceeded If An “EQUAL” Item:

- Shall be a hands-free, voice controlled, wearable and lightweight communication device. This allows for increased mobility and greater practicality and productivity for nurses who often need to complete multiple tasks simultaneously. For example, a clinician in a sterile environment, isolation room, or having full or gloved up hands can still answer a call immediately.

- Device shall be FIPS 140-2 Certified to operate in the VA wireless network.

- Shall enable voice calls to individuals, roles, and teams/groups without having to know who is on shift or what number to call. The solution must be able to maintain an unlimited amount of these groups to eliminate the need to program groups on the fly. This helps keep clinicians at the bedside and saves staff time and frustration associated with keeping up to date on-call schedules and ensures that every call reaches its desired end point.

- All calls shall be capable of automatic escalation to a pre-designed call flow path leading to no calls going unanswered. Customer-defined workflows can be used to escalate calls to other users, groups, internal desk extensions and external numbers whenever the initial recipient is not available. The customer’s workflow defines how calls move to the appropriate backup in a timely fashion ensuring patient safety and satisfaction as well as communication efficiency.

- Shall be able to interrupt a busy device upon the request of an urgent call (permission based), i.e. calling a Code Blue.

- Shall be able to initiate a call to a “panic group”.

- Shall be able to initiate a “push to talk” session within a department or group that allows all members to speak and hear the call, i.e., “please help, my patient has fallen in room 345”.

- The Communication System shall incorporate permission-based controls for placing and receiving calls from a pre-approved list of phone numbers, extensions, and pagers.

- Shall be able to call a pager or any department by name without knowing the extension number, eliminating time, steps, and the need to leave a patient’s bedside.

- Shall have the ability to enable off site users to participate in system commands such as, calling by name or job function. For example, a physician, or a pharmacist can call “Room 402 Nurse” from their landline extension or cell phone.

- To minimize risk of nosocomial infection, the device shall incorporate anti-microbial material to inhibit the growth of bacteria, mold, and fungi.

- Devices shall have a full 3-year warranty to protect and assure the lifetime of the system.

- Shall be able to leave a voice message for a user or group of users that can be retrieved when logging back into the system.

- Communication System shall include a central monitoring capability of user presence, allowing someone to view individual staff availability via a web-based application used by staff coordinators and nurse administrators to view staff presence information and make staff assignments for dynamic role-based groups quickly and accurately. Additionally, shall enable sending secure text messages which can also be sent from the console to users. This streamlines critical communication within the unit, allowing unit coordinators to instantly communicate with staff using either voice or text messaging.

- Solution shall be “User Centric”, not “device centric”. Upon log-on, all profiles and privileges should automatically be assigned to the device including roles/functions, group memberships and system settings. All these settings should reside on the server and be independent of the individual device. This enables sharing a device between shifts and easily circulating devices into the hospital environment without a lot of administrative effort or cost. It also ensures identical user experience regardless of the device logged into.

- Shall have advanced analytics to measure system utilization and improvement opportunities.

- Shall have a Device Management reporting mechanism to minimize device loss.

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

(SF 1449, Continuation of Blocks 19 – 24)

Contractor shall provide the following for the Madison VA located in Madison, Wisconsin. The offeror shall provide a Communication and Messaging System, Brand Name (VOCERA) or Equal items:

NOTE:

1. If offering an equal item, submit proof indicating the equal item meets the minimum characteristics.

2. If offering as a distributor, not as the Original Equipment Manufacturer (OEM), submit letter from OEM indicating your firm is an authorized distributor.

3. RFQ Closing is at 11:59 PM on 08/26/2021.

4. All questions pertaining to this RFQ shall be submitted via e-Mail to the Contracting Officer no later than 11:59 PM on 08/18/2021, no questions will be accepted after this deadline.

5. All questions pertaining to this RFQ submitted by the deadline will be answered via an Amendment to the RFQ that will by posted no later than 11:59 PM on 08/23/2021.

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1.00
EA
__________________
__________________

VOCERA ENTERPRISE LICENSE -

VOICE.

150-USERS.

NA.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 5830 - Intercommunication and Public Address Systems, Except Airborne

MANUFACTURER PART NUMBER (MPN): 900-01572

LOCAL STOCK NUMBER: 900-01572

1.00
EA
__________________
__________________

VOCERA MESSAGING -

50-USERS.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 5830 - Intercommunication and Public Address Systems, Except Airborne

MANUFACTURER PART NUMBER (MPN): 900-02060

LOCAL STOCK NUMBER: 900-02060

1.00
EA
__________________
__________________

SOFTWARE LICENSE -

VOCERA PLATFORM.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 5830 - Intercommunication and Public Address Systems, Except Airborne

MANUFACTURER PART NUMBER (MPN): 900-04165

LOCAL STOCK NUMBER: 900-04165

1.00
EA
__________________
__________________

VOCERA ANALYTICS LICENSE.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 5830 - Intercommunication and Public Address Systems, Except Airborne

MANUFACTURER PART NUMBER (MPN): 900-01862

LOCAL STOCK NUMBER: 900-01862

4.00
EA
__________________
__________________

SIP TELEPHONY -

6-PORTS.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 5830 - Intercommunication and Public Address Systems, Except Airborne

MANUFACTURER PART NUMBER (MPN): 900-01101

LOCAL STOCK NUMBER: 900-01101

140.00
EA
__________________
__________________

B3000N -

DUAL-BAND.

WHITE BADGE.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 5830 - Intercommunication and Public Address Systems, Except Airborne

MANUFACTURER PART NUMBER (MPN): 220-01576

LOCAL STOCK NUMBER: 220-01576

140.00
EA
__________________
__________________

B3000N -

FIPS 140.

2-DEVICE LICENSE.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 5830 - Intercommunication and Public Address Systems, Except Airborne

MANUFACTURER PART NUMBER (MPN): 261-01948

LOCAL STOCK NUMBER: 261-01948

280.00
EA
__________________
__________________

B3000 SERIES BATTERY -

WHITE.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 5830 - Intercommunication and Public Address Systems, Except Airborne

MANUFACTURER PART NUMBER (MPN): 230-01925

LOCAL STOCK NUMBER: 230-01925

20.00
EA
__________________
__________________

B3000 -

CHARGER.

8-BAY.

NA.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 5830 - Intercommunication and Public Address Systems, Except Airborne

MANUFACTURER PART NUMBER (MPN): 230-02008

LOCAL STOCK NUMBER: 230-02008

7.00
EA
__________________
__________________

B3000 -

CHARGER.

SINGLE-BAY.

UNIVERSAL.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 5830 - Intercommunication and Public Address Systems, Except Airborne

MANUFACTURER PART NUMBER (MPN): 230-02001

LOCAL STOCK NUMBER: 230-02001

12.00
EA
__________________
__________________

B3000 -

DOUBLE-BREAKAWAY LANYARD.

25-PACK.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 5830 - Intercommunication and Public Address Systems, Except Airborne

MANUFACTURER PART NUMBER (MPN): 230-01995

LOCAL STOCK NUMBER: 230-01995

12.00
EA
__________________
__________________

B3000 -

UNIVERSAL CLIP.

25-PACK.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 5830 - Intercommunication and Public Address Systems, Except Airborne

MANUFACTURER PART NUMBER (MPN): 230-01985

LOCAL STOCK NUMBER: 230-01985

2.00
EA
__________________
__________________

TRAINING KIT -

VOCERA 4.3.

100-USERS.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 5830 - Intercommunication and Public Address Systems, Except Airborne

MANUFACTURER PART NUMBER (MPN): 230-01881

LOCAL STOCK NUMBER: 230-01881

1.00
JB
__________________
__________________

VOCERA PREMIER SUPPORT -

ENTERPRISE LICENSE.

VOICE,

150-USERS.

BASE YEAR.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 5830 - Intercommunication and Public Address Systems, Except Airborne

MANUFACTURER PART NUMBER (MPN): 920-01574

LOCAL STOCK NUMBER: 920-01574

1.00
JB
__________________
__________________

VOCERA PREMIER SUPPORT -

MESSAGING.

50-USERS.

BASE YEAR.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 5830 - Intercommunication and Public Address Systems, Except Airborne

MANUFACTURER PART NUMBER (MPN): 920-02050

LOCAL STOCK NUMBER: 920-02050

1.00
JB
__________________
__________________

VOCERA PLATFORM -

PREMIER SUPPORT.

INSTANCE.

BASE YEAR.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 5830 - Intercommunication and Public Address Systems, Except Airborne

MANUFACTURER PART NUMBER (MPN): 920-01965

LOCAL STOCK NUMBER: 920-01965

2.00
JB
__________________
__________________

VOCERA PLATFORM -

VIRTUAL APPLIANCE.

BASE YEAR.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 5830 - Intercommunication and Public Address Systems, Except Airborne

MANUFACTURER PART NUMBER (MPN): 920-04137

LOCAL STOCK NUMBER: 920-04137

4.00
JB
__________________
__________________

VOCERA PREMIER SUPPORT -

SIP TELEPHONY.

6-PORTS.

BASE YEAR.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 5830 - Intercommunication and Public Address Systems, Except Airborne

MANUFACTURER PART NUMBER (MPN): 920-01111

LOCAL STOCK NUMBER: 920-01111

140.00
EA
__________________
__________________

WARRANTY -

B3000 / B3000N.

CUSTOMER CARE.

2-YEAR EXTENSION.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 5830 - Intercommunication and Public Address Systems, Except Airborne

MANUFACTURER PART NUMBER (MPN): 920-01793

LOCAL STOCK NUMBER: 920-01793

400.00
HR
__________________
__________________

CLINICAL SOLUTIONS CONSULTANT.

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 5830 - Intercommunication and Public Address Systems, Except Airborne

MANUFACTURER PART NUMBER (MPN): CLINICAL SOLUTIONS C

LOCAL STOCK NUMBER: CLINICAL SOLUTIONS C

1.00
EA
__________________
__________________

TRAVEL AND EXPENSES -

NOT-TO-EXCEED AMOUNT.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 5830 - Intercommunication and Public Address Systems, Except Airborne

MANUFACTURER PART NUMBER (MPN): TRAVEL AND EXPENSES

LOCAL STOCK NUMBER: TRAVEL AND EXPENSES

1.00
EA
__________________
__________________

VOCERA BADGE CONFIGURATION STATION -

WORKSTATION.

LAPTOP.

WIRELESS ACCESS POINT.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 5830 - Intercommunication and Public Address Systems, Except Airborne

MANUFACTURER PART NUMBER (MPN): VOCERA-BCONFIG

LOCAL STOCK NUMBER: VOCERA-BCONFIG

1.00
EA
__________________
__________________

DIALOGIC MEDIA GATEWAY.

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 5830 - Intercommunication and Public Address Systems, Except Airborne

MANUFACTURER PART NUMBER (MPN): VOCERA-DMG

LOCAL STOCK NUMBER: VOCERA-DMG

2.00
EA
__________________
__________________

DELL POWEREDGE RACK MOUNTED SERVER -

6.X SERVERS.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 5830 - Intercommunication and Public Address Systems, Except Airborne

MANUFACTURER PART NUMBER (MPN): VOCERA-SERVER2020

LOCAL STOCK NUMBER: VOCERA-SERVER2020

1.00
EA
__________________
__________________

DELL ANALYTICS SERVER.

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 5830 - Intercommunication and Public Address Systems, Except Airborne

MANUFACTURER PART NUMBER (MPN): VOCERA-SERVER2020

LOCAL STOCK NUMBER: VOCERA-SERVER2020

1.00
JB
__________________
__________________

VOCERA PREMIER SUPPORT -

VOICE,

150-USERS.

OPTION YEAR 1.

Contract Period: Option 1 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 5830 - Intercommunication and Public Address Systems, Except Airborne

1.00
JB
__________________
__________________

VOCERA PREMIER SUPPORT -

50-USERS.

OPTION YEAR 1.

Contract Period: Option 1 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 5830 - Intercommunication and Public Address Systems, Except Airborne

1.00
JB
__________________
__________________

VOCERA PLATFORM -

INSTANCE.

OPTION YEAR 1.

Contract Period: Option 1 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 5830 - Intercommunication and Public Address Systems, Except Airborne

2.00
JB
__________________
__________________

VOCERA PLATFORM -

VIRTUAL APPLIANCE.

OPTION YEAR 1.

Contract Period: Option 1 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 5830 - Intercommunication and Public Address Systems, Except Airborne

4.00
JB
__________________
__________________

VOCERA PREMIER SUPPORT -

6-PORTS.

OPTION YEAR 1.

Contract Period: Option 1 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 5830 - Intercommunication and Public Address Systems, Except Airborne

1.00
JB
__________________
__________________

VOCERA PREMIER SUPPORT -

VOICE,

150-USERS.

OPTION YEAR 2.

Contract Period: Option 2 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 5830 - Intercommunication and Public Address Systems, Except Airborne

1.00
JB
__________________
__________________

VOCERA PREMIER SUPPORT -

50-USERS.

OPTION YEAR 2.

Contract Period: Option 2 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 5830 - Intercommunication and Public Address Systems, Except Airborne

1.00
JB
__________________
__________________

VOCERA PLATFORM -

INSTANCE.

OPTION YEAR 2.

Contract Period: Option 2 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 5830 - Intercommunication and Public Address Systems, Except Airborne

2.00
JB
__________________
__________________

VOCERA PLATFORM -

VIRTUAL APPLIANCE.

OPTION YEAR 2.

Contract Period: Option 2 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 5830 - Intercommunication and Public Address Systems, Except Airborne

4.00
JB
__________________
__________________

VOCERA PREMIER SUPPORT -

6-PORTS.

OPTION YEAR 2.

Contract Period: Option 2 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 5830 - Intercommunication and Public Address Systems, Except Airborne

1.00
JB
__________________
__________________

VOCERA PREMIER SUPPORT -

VOICE,

150-USERS.

OPTION YEAR 3.

Contract Period: Option 3 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 5830 - Intercommunication and Public Address Systems, Except Airborne

1.00
JB
__________________
__________________

VOCERA PREMIER SUPPORT -

50-USERS.

OPTION YEAR 3.

Contract Period: Option 3 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 5830 - Intercommunication and Public Address Systems, Except Airborne

1.00
JB
__________________
__________________

VOCERA PLATFORM -

INSTANCE.

OPTION YEAR 3.

Contract Period: Option 3 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 5830 - Intercommunication and Public Address Systems, Except Airborne

2.00
JB
__________________
__________________

VOCERA PLATFORM -

VIRTUAL APPLIANCE.

OPTION YEAR 3.

Contract Period: Option 3 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 5830 - Intercommunication and Public Address Systems, Except Airborne

4.00
JB
__________________
__________________

VOCERA PREMIER SUPPORT -

6-PORTS.

OPTION YEAR 3.

Contract Period: Option 3 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 5830 - Intercommunication and Public Address Systems, Except Airborne

1.00
JB
__________________
__________________

VOCERA PREMIER SUPPORT -

VOICE,

150-USERS.

OPTION YEAR 4.

Contract Period: Option 4 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 5830 - Intercommunication and Public Address Systems, Except Airborne

1.00
JB
__________________
__________________

VOCERA PREMIER SUPPORT -

50-USERS.

OPTION YEAR 4.

Contract Period: Option 4 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 5830 - Intercommunication and Public Address Systems, Except Airborne

1.00
JB
__________________
__________________

VOCERA PLATFORM -

INSTANCE.

OPTION YEAR 4.

Contract Period: Option 4 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 5830 - Intercommunication and Public Address Systems, Except Airborne

2.00
JB
__________________
__________________

VOCERA PLATFORM -

VIRTUAL APPLIANCE.

OPTION YEAR 4.

Contract Period: Option 4 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 5830 - Intercommunication and Public Address Systems, Except Airborne

4.00
JB
__________________
__________________

VOCERA PREMIER SUPPORT -

6-PORTS.

OPTION YEAR 4.

Contract Period: Option 4 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 5830 - Intercommunication and Public Address Systems, Except Airborne

GRAND TOTAL
__________________

B.2 DELIVERY SCHEDULE

ITEM NUMBER
QUANTITY
DELIVERY DATE
0001
SHIP TO:
Department of Veterans Affairs

William S. Middleton MVH 2500 Overlook Terrace Madison, WI 53705 2286

USA

1.00
_____-DAYS ARO
MARK FOR:
Vazquez, Julia

608-256-1901 ext. 17185 julia.vazquez@va.gov

1.00

1.00

1.00

4.00

140.00

140.00

280.00

20.00

7.00

12.00

12.00

2.00

1.00

1.00

1.00

2.00

4.00

140.00

400.00

1.00

1.00

1.00

2.00

1.00

1.00

1.00

1.00

2.00

4.00

1.00

1.00

1.00

2.00

4.00

1.00

1.00

1.00

2.00

4.00

1.00

1.00

1.00

2.00

4.00

36C25221Q0976

Page 1 of Page 1 of

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…

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