36C25221Q1017_1.docx

OM-RFQ: 36C25221Q1017

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 ATTA

CHED

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. SIGNAT

URE 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

537-21-3-5969-0662 36C25221Q1017 08-12-2021 Carl Weber 414-844-4873 08-18-2021

11PM

CDT

36C252 Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) 115 S 84th Street, Suite 101 Milwaukee, WI 53214-1476 X X 333318 1000 Employees N/A X 36C537 Department of Veterans Affairs Jesse Brown VA Medical Center 2030 West Taylor Chicago, IL 60612-4223 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 Brand Name FAAC Incorporated ONLY MILO Range Pro for Jesse Brown VA Medical Center located in Chicago, Illinois.

Total small business set-aside, award to lowest price technically acceptable.

See continuation pages.

See CONTINUATION Page X X Thomas H. Chesak

VA-VHA-SAOC-2016-69A44B8A

Table of Contents

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:

_____________________________ (Point of Contact/Title) _____________________________ (Phone Number) _____________________________ (Email Address)

_____________________________ (DUNS Number) _____________________________ (Federal Tax ID)

B. GOVERNMENT: Carl Weber Great Lakes Acquisition Center 115 S. 84th Street, Suite 101 Milwaukee, WI 53214 414-384-2000 Ext 44873 carl.weber3@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: *TBD* on all invoices and shipping labels 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

BASIS OF AWARD:

This request for quote (RFQ) is for brand name FAAC Incorporated only MILO range pro that will be set-aside for small businesses IAW FAR 12, 13, and 19. Award will be presented to lowest price technically acceptable.

SECURITY & PRIVACY CONTROL:

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.

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 will 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.

B.2 STATEMENT OF WORK (SOW)

Point of Contact (POC)

Jesse Brown VA Medical Center 2030 West Taylor Chicago, IL 60612-4223

Background Jesse Brown Veterans Administration Medical Center Police Service (JBVAMC) is seeking to begin using an interactive use of force, tactical judgment training, and firearms training system. In order to allow staff to train in-house (reducing cost and increasing frequency of training) we need to acquire a new simulator.

Scope The work will be performed at Jesse Brown VA Medical Center’s Police Service. The contractor is expected to deliver, setup, and provide training.

Specific Tasks

· Contractor is expected to manufacture a complete Milo Range Pro Interactive Firearms and Force Options Simulator, and accessories, as outlined in the quote

· The Simulator is to be delivered to the Jesse Brown VA Medical Center Warehouse

· After arrival, the Simulator will be received by our Logistics/Warehouse staff; then received Equipment Inventory to be barcoded

· The contractor will schedule a date with the designee for onsite setup of equipment as well as staff training

· After setup, the contractor is required to demonstrate the equipment works as designed

· Once function test is completed and accepted by designee, contractor will provide three-day training to four Law Enforcement staff members.

· Contractor will provide copy of operator manual.

· Contractor will provide technical support as it relates to the Simulator.

· Contractor will dispose of all shipping/packing materials.

Goods/Service Information MILO Range PRO HD system with 5.1 Audio System

· MILO CPU 6 – Based on MS Windows 10 OS

· HD Projector (1920 x 1080) 2800+ lumens high contrast

· Ceiling Mounted Pull Down Screen

· 16-device Hit Detection Box with Flashlight option

· All Power and Video Cables, Power Strip

· 22” Touch-screen LCD Flat Panel Monitor

· Keyboard and Optical Mouse

· Speakers/Digital Audio Sound System

· (2) Transport Cases for System and Peripheral Items

· 850+ Multi-Branching Interactive Scenarios are Pre- loaded as well as 60+Skill Builder exercises Course Designer Program

· Software program that can be used to create lessons, tests and presentations for classrooms, auditoriums, and training rooms or for one on one instruction.

· Allows the user to utilize both digital video and computer graphics capabilities to create fully interactive training videos and/or graphics-based training environments.

Training Inserts and Devices Compatible with Currently Used Duty Gear

· 9mm dry fire training inserts compatible with Sig p229 weapon system

· Laser modified OC training device for less lethal training.

· Low light training flashlight for training in low light situations

· Trainee can use actual baton to make strikes that will correlate with strike being given to subject in scenario

· Drop in recoil kits for both handgun and A-15 that will simulate recoil for a more realistic feel Tracking Return Fire Cannon

· Return fire cannon allows for trainee to receive non-lethal 80% power shots to simulate return fire and how to take appropriate cover or to show corrective action to be taken.

· This system allows for training habits to be formed in an atmosphere that is less lethal so that when a real situation occurs officers are better prepared to take the right actions so that injury or death does not occur.

Milo Platinum Warranty Coverage

· Adds three years to the already included 2 years of product support and repair.

· Repair Technician would perform onsite repairs allowing for quick repair and downtime.

· System would be completely replaced for upgraded model on the last year of coverage at no cost.

Performance Monitoring The designee will monitor performance and certify that work has been done in accordance with the contract.

Security Requirements The contractor will not be required to access PHI, so they will not be required to complete privacy or information security training prior to performing work.

Government-Furnished Equipment (GFE)/Government-Furnished Information (GFI) The contractor is required to furnish all tools and equipment to setup/install equipment. GFE will not be furnished for this purpose.

Other Pertinent Information or Special Considerations Contractor will be escorted when not in public areas on property.

Risk Control No risk control or safety issues at this time.

Place of Performance Department of Veterans Affairs Jesse Brown VA Medical Center 820 S. Damen Ave, Bldg. 5, Training Room Chicago, IL 60612-4223 Period of Performance Work will be scheduled within 30 days of award.

MASTER TERMS & CONDITIONS FOR PURCHASE ORDERS WITH

The Department of Veterans Affairs

NOTICE: This is a purchase order for goods or services necessary for carrying out the programs or operations of the United States Department of Veterans Affairs: Jesse Brown Veterans Affairs Medical Center (JBVAMC) Police Service. Provisions of law governing procurement or public contracts shall not be applicable to the procurement of goods or services necessary for carrying out JBVAMC programs and operations.

1. CHANGES

The Contracting Officer may, at any time, by written order, make unilateral changes to the purchase order, including orders to stop work. The Contractor may request an equitable adjustment if such change affects the cost or period of performance and if such request is made within 30 days from date of receipt of the written order.

2. Point of Contract (POC) The Point of Contract (POC) is responsible for acceptance and overall technical surveillance of the work under this purchase order and should be contacted regarding questions or problems of a technical nature. Technical direction must be within the general scope of the specifications and requirements as set forth in this purchase order. The POC has no authority to change the scope, terms, specifications, conditions or price of the purchase order. The point of contract for this order will be:

Name: Sebastian Weaver Title: Police Officer, Captain Tel. (312) 569-6108 E-Mail Address: Sebastian.Weaver@va.gov

3. DELIVERY

Delivery shall be made in accordance with the terms of the purchase order. The Contractor shall immediately notify the Contracting Officer and the POC in writing if the Contractor is unable to meet the delivery date/schedule. Such notice shall include pertinent details; including the time/date delivery can be expected.

4. DISPUTES

Failure to agree on any issue under this purchaser order shall constitute a dispute to be resolved under this clause. If the parties cannot reach an agreement after diligently pursuing a solution through negotiations, the Contractor shall submit a written claim to the Contracting Officer, stating the relief sought and requesting a written decision. Within 90 days of the filing of the claim, the Contracting Officer shall either make a decision on the claim in writing or notify the Contractor of the date by which the decision will be made. The decision of the Contracting Officer shall be binding unless the Contractor submits an appeal to the JBVAMC Chief Financial Officer (CFO) within 30 days of receipt of the Contracting Officer's decision. The decision of the CFO shall be final and binding on the parties and shall not be subject to further dispute, nor subject to further administrative or judicial review or appeal. The Contractor shall proceed diligently with performance of this purchase order pending final resolution of any request for relief, claim, appeal or action arising under this purchase order, and comply with any decision of the Contracting Officer.

5. ENTIRE AGREEMENT

This purchase order represents the entire agreement between the parties. Any previous understandings, proposals, representations, etc., whether oral or written, are superseded in their entirety by this purchase order.

6. GOVERNING LAW

This purchase order shall be governed by, construed, and interpreted only in accordance with applicable Federal law.

7. INDEMNITY

Contractor shall indemnify the United States Government, JBVAMC, and its officers and employees from and against any and all liabilities, injuries, damages, settlements, royalties, penalties and fines and other losses of every kind incurred in connection with any claims, actions, suits, investigations or proceedings concerning or resulting from any alleged or actual violations of:

(a) any breach or alleged breach of any warranty, representation or obligation in this purchase order;

(b) any alleged or actual infringement of any copyright, trademark, patent or any other established intellectual property right;

(c) any alleged or actual violation of any Federal, or state law, rule, regulation or order; and

(d) any alleged or actual death of or injury to any person, damage to any property or any other damage or loss claimed to be caused in whole or part from the Contractor’s negligence or any actual or alleged defect in the goods or services provided under this purchase order.

8. INSPECTION and ACCEPTANCE

(a) The Contractor shall provide only those supplies or services that have been inspected in accordance with the Contractor's inspection system, are free from defects, and are in conformance with the specifications and requirements of this purchase order. JBVAMC has the right to inspect and test all supplies and services called for in this purchase order at all places and at all times before acceptance.

(b) JBVAMC shall give the Contractor notice of any non-conforming supplies or services or breach of any warranty or representation. At JBVAMC's option JBVAMC may—

(1) have the Contractor correct any defects in the goods or services at no cost to JBVAMC;

(2) correct or replace the defective goods or services with similar goods or services and charge the Contractor the cost of repair or replacement; or

(3) make an equitable adjustment to this purchase order. Final acceptance does not relieve the Contractor of liability for latent defects, fraud, or gross mistakes amounting to fraud.

9. PAYMENTS – TWO WAY MATCH

(a) INVOICE CONTENT. A proper invoice shall include the following:

name and address of the Contractor; Taxpayer Identification Number (TIN); invoice date; purchase order number, line item number; description, quantity, unit of measure, unit price, and extended price of supplies delivered, or services performed; date goods were delivered or services were provided; shipping and payment terms (e.g., shipment number and date of shipment, prompt payment discount terms); name of payee, telephone number and address where payment is to be sent; name, telephone number and address of person to be notified in the event of a defective invoice; and any other documentation required by the contract. An invoice that does not include the minimum elements set forth herein or contains incorrect information is considered defective and will be returned to the Contractor.

(b) PAYMENT METHOD. All payments will be made by electronic funds transfer. The Contractor shall be registered in the System for Award Management (SAM) database, per clause 12, Required Central Contractor Registration. Electronic payment information will be downloaded from the SAM. Payments will only be issued when the Contractor's SAM record is current. Invoices will be returned without payment if the Contractor's SAM record has expired.

(c) INTEREST. Any and all amounts that become payable to either of the parties to this contract shall be subject to interest at the rate determined by the United States Treasury under the procedures of the Prompt Payment Act (31 U.S.C. § 3901-6 et seq. and 5 CFR Part 1315) or the Debt Collection Act (31 U.S.C. § 3701 et seq.) Interest penalties are not required on payment delays due to defective invoices.

10. PERMITS

The Contractor shall, without additional cost to JBVAMC, be responsible for obtaining any necessary licenses and permits, and for complying with all Federal, state, and municipal laws, codes and regulations applicable to the performance of work by the Contractor or any subcontractor under the purchase order including all applicable safety and health regulations.

11. PUBLICITY

The Contractor shall make no publicity, news, media, or any other public releases of information in connection with this purchase order unless it has obtained prior written approval from the Contracting Officer.

12. REQUIRED SYSTEM FOR AWARD MANAGEMENT (SAM)

Offerors shall be registered in the SAM database prior to purchase order award, during performance, and through final payment of any purchase order resulting from this solicitation, except for awards to foreign vendors for work to be performed outside the United States. The offeror shall provide its DUNS or, if applicable, it’s DUNS+4 number with its offer, which will be used by the Contracting Officer to verify that the offeror is registered in the SAM database. Failure to register in the SAM database will render an offeror ineligible for award of a JBVAMC purchase order. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one for SAM use. Dun and Bradstreet may be reached at 1-800-333- 0505 or via the Internet at http://www.dnb.com/. The Contractor is responsible, during performance and through final payment, for the accuracy and completeness of the data within the SAM database, and for any liability resulting from JBVAMC’s reliance on inaccurate or incomplete data. To remain registered in the SAM database 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 the SAM database to ensure it is current, accurate, and complete. Updating information in SAM does not alter the terms and conditions of this purchase order and is not a substitute for a properly executed contractual document. The Contractor shall not change the name or address for electronic funds transfer (EFT) payments or manual payments as appropriate in the SAM record to reflect an assignee for the purpose of assignment of claims. Assignees shall be separately registered in the SAM database. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor shall be considered to be incorrect information. Contractors may obtain information on registration and annual confirmation requirements via the Internet at http://www.sam.gov or by calling 1-866-606-8220.

13. REMEDIES NOT EXCLUSIVE

The rights and remedies of the parties provided in this purchase order are cumulative and not exclusive and are in addition to any other rights and remedies provided by law.

14. RIGHTS IN MATERIALS

(a) All creative work, drawings, designs, layouts, advertisements, photography, negatives, artwork, reports, technical data, brochures, press materials, packaging materials, software and other work product (hereinafter “Materials”) first produced by the Contractor or a subcontractor under this purchase order (hereinafter “Created Materials”) shall be the exclusive property of the JBVAMC. The Contractor may reproduce, display, distribute and create derivative works from Created Materials only after JBVAMC agrees in writing unless such use is solely for the Contractor’s internal purposes. For all Materials delivered to JBVAMC under this purchase order, but not first produced by the Contractor or a subcontractor under this purchase order, the Contractor grants JBVAMC an exclusive worldwide paid-up license to use, execute, reproduce, perform, distribute copies of, and create derivative works of any Materials in support of the mission of JBVAMC or the Department of the Veterans Affairs.

(b) The Contractor warrants and represents that the goods and services covered by this purchase order will not infringe upon any patent, copyright, or trademark, trade dress, trade name, service mark, or publicity or privacy right and that the Contractor is the owner of, or is licensed to authorize JBVAMC to use any and all such rights affixed to or associated with the goods or services. The Contractor certifies and warrants that the Created Materials submitted to JBVAMC under this purchase order are original work products and not reproductions of any copyrighted or trademarked work.

15. SEVERABILITY

If any provision of this purchase order shall be determined to be invalid or unenforceable, the remaining provisions shall not be affected thereby, and shall remain in full force and effect and enforceable to the fullest extent permitted by law.

16. STANDARD OF PERFORMANCE

The Contractor agrees to act in good faith at all times and in the best interests of JBVAMC and agrees to use its best efforts in performing its duties under this purchase order.

17. SURVIVAL

The covenants contained in this purchase order which, by their terms, require their performance after the expiration or termination of this purchase order shall be enforceable notwithstanding the expiration or other termination of this purchase order.

18. TERMINATION

JBVAMC may terminate this purchase order, in whole or in part, when—

(1) it is in the best interest of JBVAMC,

(2) the Contractor fails to perform,

(3) the Contractor fails to make timely delivery of any deliverable,

(4) the Contractor fails to meet inspection standards, or

(5) the Contractor fails to make adequate progress so as to endanger performance of the purchase order. If this purchase order is terminated, JBVAMC shall be liable only for the purchase order price for completed supplies and services delivered and accepted unless the purchase order is terminated in the best interest of JBVAMC. If the purchase order is terminated in the best interest of JBVAMC, JBVAMC shall be liable for— (1) the purchase order price for completed supplies and services delivered and accepted, and (2) for the reasonable costs incurred by the Contractor in good faith resulting from the termination as substantiated by a termination claim from the Contractor submitted to JBVAMC no later than 30 days after Contractor’s receipt of the termination notice. Such costs shall not include any lost profit or any special or consequential damages and shall be limited to the purchase order price less any amounts previously paid by JBVAMC under this purchase order. If termination is due to Contractor failure, JBVAMC may assess damages including reasonable re-procurement costs against the Contractor.

19. TIME IS OF THE ESSENCE

Time is of the essence in the Contractor’s performance of its duties under this purchase order. The Contractor’s failure to meet applicable deadlines, unless it has obtained a written extension of time from JBVAMC, shall constitute a material breach of this purchase order.

20. TRADEMARK USE

The Contractor shall obtain JBVAMC's written permission prior to any use of the JBVAMC's trademarks or logos in any Contractor product, publication, or sales or marketing materials. JBVAMC's trademarks include, but are not limited to, the name of JBVAMC, the JBVAMC seal, JBVAMC's Graphic Logo, and JBVAMC's trademarks. If permission is granted, the Contractor agrees to submit all materials that would use any JBVAMC trademark to JBVAMC for prior written approval before any publication or use. The Contractor recognizes the great value of JBVAMC’s trademarks, service marks and other intellectual property, and acknowledges that such marks and intellectual property have secondary meaning and associated goodwill, that breach of any of the provisions of this paragraph risks irreparable harm to JBVAMC for which there may be no adequate remedy at law, and that in such event JBVAMC will be entitled to equitable relief in the form of an injunction and such other relief as may be available at law or in equity.

21. WAIVER

Neither party's waiver of the other's breach of any term, covenant or condition contained in this purchase order shall be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition in this purchase order.

22. WARRANTIES AND REPRESENTATIONS

(a) In addition to any standard commercial warranty provided by the Contractor, the Contractor warrants that the goods and services comply with all requirements of this purchase order and are free from defects in workmanship for a period of three years after acceptance.

(b) The Contractor warrants and represents that all information provided by the Contractor to JBVAMC under or related to this purchase order is, and will continue to be, true and correct. The Contractor further warrants all goods and services delivered or provided under this purchase order were manufactured or provided in compliance with United States law and regulations and any applicable state and local law. The Contractor acknowledges that in entering into this purchase order, JBVAMC has specifically relied upon the Contractor’s warranties and representations contained herein. All warranties and representations of the Contractor, express and implied, shall constitute conditions of sale and shall survive inspection, testing, acceptance, payment and use.

c) For goods delivered under this purchase order, the Contractor warrants clear title to all goods and, upon delivery, acceptance and payment by JBVAMC, title shall pass to JBVAMC free and clear of all liens, claims, debts and rights of any third party. The Contractor warrants and represents the goods are new and genuine and are not falsely labeled. This paragraph (c) does not apply to the delivery of products or parts of products made from JBVAMC-furnished material for which the JBVAMC retains title.

23. CONTRACT TERM

One-time Purchase contact with MILO Platinum Extended Warranty

24. CORRESPONDENCE PROCEDURES

a) Technical correspondence shall be sent to the POC, with an information copy furnished to the Contracting Officer.

b) All other correspondence shall be sent to the Contracting Officer, with an information copy to the POC. JBVAMC contract number and/or modification number shall be included on all correspondence, information, forms, reports, invoices, etc., relating to this contract.

25. CONTRACT CLOSEOUT

It is the JBVAMC’s policy to close out contracts as soon as possible after completion of all deliverables and expiration of any warranty period. Accordingly, the contractor shall submit a final invoice within 60 days of completion of the contract. Once final payment has been made by the Government the contractor must sign the Release discharging the Government, its officers, agents, and employees of and from all liabilities, obligations, and claims arising out of or under this contract. Failure to provide, or take exception to, the release within 60 calendar days of final payment shall constitute contractor's release of and from all liabilities, obligations, and claims arising out of or under this contract.

B.3 PRICE/COST SCHEDULE

(Continuation from Standard Form 1449, block 19-24)

ITEM INFORMATION

MILO Range Pro HD System with 5.1 Audio System Includes:

• MILO CPU 6 – Based on MS Windows 10 OS

• HD Projector (1920 x 1080) 2800+ Lumens High Contrast

• HD (12’ x 7’) Fast-fold Projection Screen

• 16-Device Hit Detection Box with Flashlight Option

• All Power and Video Cables, Power Strip

• 22” Touch-screen LCD Flat Panel Monitor

• Keyboard and Optical Mouse

• Speakers/Digital Audio Sound System

• (2) Transport Cases for System and Peripheral Items

• 850+ Multi-Branching Interactive Scenarios are Preloaded as well as 60+ Skill Builder Exercises

• Course Designer Program: Course Designer Program – The Course Designer Program is editing software program that can be used to create lessons, tests and presentations for classrooms, auditoriums, and training rooms or for one-on-one instruction. Allows the user to utilize both digital video and computer graphics capabilities to create fully interactive training videos and/or graphics-based training environments. Includes HD Camera for scenario filming.

• (2) Dry-fire Laser Training Insert

• (2) OC Spray Training Devices – Laser modified OC spray training devices for less-lethal applications. Thumb or trigger activation. Includes (2) devices standards

• Low Light Training Program – Allows the trainee to use real flashlight in conjunction with his/her weapon for low light training. This system is non-lane based which allows for multiple users. Includes (2) MILO Range Supplied Surefire G2 Flashlight with IR lens.

• MILO Trainee Action Capture (TAC) with Picture in Picture Video/Audio debrief – Audio and color video capture of trainee’s actions in a scenario for immediate or later debriefing and review.

• Graph-X Targets – Allows the user to utilize any of the Graph-X modules for Marksmanship, Shoot-house, Basic Targets and Range Practice includes 60+ interactive CGI skill-builder exercises

• Statistics and Management – Allows user to manipulate the database information as to create individual and/or group statistics using relevant filtering criteria.

• Baton/Punch/Strike Branching and Scoring – Allows the trainer to manually branch the scenario while the trainee uses his actual baton or makes a strike.

• Delivery, Insurance and Standard 2-Year Warranty

• Free Access to MILO Range Digital Scenario – New HD Scenarios sent out (approx. 12-15 sent out a quarter).

• System and Peripheral Training (US sales only) – four (4) Students at Client Site for three (3) days. Includes scenario editing and creation.

LOCAL STOCK NUMBER: MILO-RNG-P

WRK Drop-in recoil kit for Handgun Includes:

• Drop-in recoil kit

• (2) 12-gram CO2 magazines (Magazine Disconnect)

• MILO Laser

LOCAL STOCK NUMBER: MILO-RECOIL-HANDGUN

WRK Drop-in recoil kit for AR15/M4 Includes:

• Drop-in recoil kit

• (2) 12-gram CO2 magazines

• MILO Laser

LOCAL STOCK NUMBER: MILO-RECOIL-RIFLE

Tracking Return-Fire Cannon

LOCAL STOCK NUMBER: MILO-RFCANNON-MANUAL

Sig P229 w/Magazine Disconnect LOCAL STOCK NUMBER: Sig P229

AR15/M4 Rifle (Windham Arms VA Rifle)

LOCAL STOCK NUMBER: AR15/M4

MILO Range Ceiling Mount Kit LOCAL STOCK NUMBER: Ceiling Mount Kit

MILO Range Anywhere Remote control of the MILO system via Tablet LOCAL STOCK NUMBER: Remote Tablet

MILO Range Stress Training Package MILO Range REACT! Distraction Device paired with the MILO Range Biofeedback Device (Heartrate Monitor) LOCAL STOCK NUMBER: Training

MILO Platinum Extended Warranty Covers MILO Pro Training Systems and accessories for a 3-year extension of base warranty. Includes system upgrade of hardware and software in the final year of coverage.

LOCAL STOCK NUMBER: MILO-WARRANTY-Platin

This request for quote is for brand name only. Equipment listed in the schedule above is known to meet the needs of Jesse Brown VA Medical Center, located in Chicago, Illinois. Offerors are requested to provide a quote for the exact equipment listed in the schedule above.

If offering equipment as a non-manufacturer (i.e. distributor) the vendor is also required to submit with their quote proof (letter, etc.) from the manufacturer that shows they are authorized as a distributor of the equipment.

B.4 DELIVERY SCHEDULE

(Continuation from Standard Form 1449, block 15) The product should be delivered during normal working hours, between 8:00am and 4:00pm, Monday through Friday.

Jesse Brown VA Medical Center 2030 West Taylor Chicago, IL 60612 4223

USA

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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)…