S02 - VISN12 ODIR - 36C25225Q0352 - 03202025.docx

36C25225Q0352

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

None

03-20-2025 Tiffany Pevey Email Only 03-25-2025 5:00

CDT

Department of Veterans Affairs

GLAC (69D)

115 South 84th Street, Suite 101

Milwaukee WI 53214-1476

X

513210 $47 Million

N/A

Department of Veterans Affairs Clement J. Zablocki VAMC 5000 West National Avenue

Milwaukee WI 53295

Department of Veterans Affairs

GLAC-MILWAUKEE (69D)

Great Lakes Acquisition Center - HC 115 South 84th Street, Suite 101 Milwaukee WI 53214-1476

Department of Veterans Affairs Financial Services Center PO Box 149971 Austin TX 78714-9971

See CONTINUATION Page VA Great Lakes Health Care System (VISN12) Online Drug Information Resource - Online Drug Information Resource - CLINICAL LEVEL

Resource - Online Drug Information Resource - CLINICAL LEVEL

See CONTINUATION Page

Tiffany Pevey

SECTION B - CONTINUATION OF SF 1449 BLOCKS

SECTION B - CONTRACT ADMINISTRATION DATA

B.1 CONTRACT ADMINISTRATION

All contract administration matters will be handled by the following individuals:

DEPARTMENT OF VETERANS AFFAIRS

GREAT LAKES ACQUISITION CENTER

115 SOUTH 84TH STREET, SUITE 101

MILWAUKEE WI 53214-1476

EMAIL: TIFFANY.PEVEY@VA.GOV

B.2 CONTRACTOR REMITTANCE ADDRESS

All payments by the Government to the contractor will be made in accordance with:

52.232-32, Payment by Electronic Funds Transfer - System for Award Management

B.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

B.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

INVOICES: Invoices shall be submitted in arrears:

GOVERNMENT INVOICE ADDRESS: All invoices from the contractor shall be mailed to the following address:

Vendor inquires: Toll Free Number 1-877-353-9791

B.5 BASIS OF AWARD

The Government will make the award to the lowest price technically acceptable offer.

B.6 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.

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.

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered.

STATEMENT OF WORK

VISN 12 ONLINE DRUG INFORMATION RESOURCE

A. Introduction and Overview

1. Introduction

a. VA Great Lakes Health Care System (VISN 12) requires access to an Online Drug Information Resource (ODIR) via a web-based, cross-referenced medication, toxicology, and patient education database. The online platform must allow quick searches across all resources simultaneously in one search statement. Access is 24/7 for VISN 12 staff and reduces the need for multiple individual copies of resources.

b. VISN 12 currently contracts, Merative Micromedex, an online drug information resource service provisioned through J.E. Federal Enterprises, LLC. This 1-year contract period began Oct. 1, 2022, expired Sept. 30, 2023, with a 6-month contract extension awarded for the period Oct. 1, 2023 – March 31, 2024, and a bridge contract from April 1, 2024 – March 31, 2025. At this point, VISN 12 will require a new ODIR.

c. This drug database subscription shall be knowledge-based information and interaction resources with emphasis on drug interactions, identification, IV compatibility, toxicology, alternative medicine, herbal medicines etc. Major users will be pharmacists, physicians, nurse practitioners, and other allied health professionals.

2. Scope of Work

a. The contractor shall provide all resources necessary to meet the requirements described in this Statement of Work for an online, commercial, off-the-shelf, online drug information resource (ODIR).

b. Vendor/Product must cooperate with VA to be submitted and processed for a status memo as a VA-approved Software-as-a-Service (SaaS) product through the VA Digital Marketplace.

c. Vendor/Product must submit request and have Federal Risk and Authorization Management Program (FedRAMP) status memo by time of contract award.

d. The contractor shall provide 24/7 online web access to the ODIR subscription for staff at VISN12 facilities, to their mobile devices (via Apps or mobile websites), or to their remote work area (via IP or LibLynx). Remote access must include access via LibLynx and mobile platforms including various popular hand-held devices, for all health care providers throughout VISN12.

3. Performance Period:

One year from date of award – April 1, 2025 – March 31, 2026, plus four (4) one (1) year option periods to be exercised at the discretion of the Government.

B. General Requirements

1. ODIR shall provide, via one interface and one search platform, web-based online access to unbiased, evidence-based, and peer reviewed comprehensive drug information resources.

2. ODIR shall provide (1) clinical knowledge of medication, disease and toxicology; (2) formulary management; (3) patient education; (4) medication essential facts; and (5) pharmaceutical knowledge, (6) dosing and therapeutic tools, and (7) drug identification relevant to VISN12 staff to assist them in providing safe and effective care to Veterans. Databases shall be updated daily to reflect changes in information and evidence-based practices.

3. Comprehensive medication monographs – including, but not limited to,

a. Current information regarding FDA and non-FDA approved indications

b. Dosing guidance in an easy-to-read, filterable, table format

i. Include standard initial and maintenance doses

ii. Considerations for use in specialty populations such as: elderly patients, renal and/or hepatic impairment

iii. All dosage forms

iv. Conversion guidance from one form to another – e.g., from intravenous (IV) to oral (PO) administration

v. Spell out acronyms

c. Administration/storage information

d. Side-by-side comparative drug evaluations and comparative efficacy evaluations

e. References to abstracts (perma-link enabled), tertiary electronic sources, and/or full text articles

f. Warnings, precautions, contraindications - searchable

i. Adverse drug reactions and monitoring guidelines

ii. Black box warning information

iii. Risk Evaluation and Mitigation Strategies (REMS) information

iv. Material Safety Data Sheets

v. Do-Not-Crush – clear link available and searchable

vi. Do-Not-Confuse, Sound-alike, and Look-alike – clear link available and searchable

vii. Toxicology/poison control management/overdose signs/symptoms

g. Clearly stated monitoring parameters for all clinical practices, especially nursing and pharmacy practices

h. Commercially available dosage forms/preparations

i. Package sizes available

ii. Audio pronunciations of generic drug names

iii. Cost data

i. Patient education – current, patient-friendly language, and Printable

j. Pharmacokinetic information including absorption, distribution, protein binding, metabolism, bioavailability, half-life elimination, time to peak, and excretion as applicable

k. Pharmacogenetic information including drug-gene interactions and recommendations based on national guidelines as applicable.

l. Teratogenic, Pregnancy, Fertility and Lactation Medications Database information

4. Pharmaceutical product identification for both U.S. and foreign countries

a. Includes pill identifiers and images

b. Reverse lookup by description or inscription

5. Comprehensive IV compatibility tools including:

a. Present results in a table form that can be filtered, one-sheet, printable.

b. IV piggyback, IV Y-site, IV admixture, IV syringe compatibility (i.e., IV medications and solutions such as lactated ringer)

c. conversion between dosage forms (oral to IV; IV to oral; IR to SA; SA to IR, etc.)

d. conversion between drugs in the same therapeutic class (i.e., formulary changes and patient tolerability guidance)

6. Current IV package information with IV administration guidelines for medications- including rate of administration, IV preparation, storage, and preparation

7. Treatment of IV extravasation - chemotherapy and non-chemotherapy medications

8. Treatment of phlebitis associated with specific IV medications

9. Drug shortage and/or recall information.

10. Drug interaction tools, dietary interactions, and allergy interactions

11. Medication dosage and laboratory calculators

12. Open-ended search of disease states and pharmacotherapy options based on disease state

13. Ability to search across all databases contained within the resource with one search term.

14. Natural medicine database

C. Tasks For the above list, the contractor shall provide the following:

0. License Rights for 24/7 desktop web and mobile access for VISN 12 medical centers and Community Based Outpatient Clinics (CBOCs)

· Clement J. Zablocki Veterans Affairs Medical Center (Milwaukee, WI)

· Edward Hines Jr. VA Hospital (Hines, IL)

· Jesse Brown VA Medical Center (Chicago, IL)

· Capt. James A. Lovell Federal Health Care Center (North Chicago, IL)

· Oscar G. Johnson VA Medical Center (Iron Mountain, MI)

· Tomah VA Medical Center (Tomah, WI)

· VA Illiana Health Care System (Danville, IL)

· William S. Middleton Memorial Veterans Hospital (Madison, WI)

0. Customer service shall be available 24/7 via phone, email, and/or real-time with Microsoft Teams, internet to troubleshoot website, connectivity or other issues.

0. Contractor will communicate outages or known problems that interfere with access as soon as possible.

0. Customers require a single access interface to search across multiple resources. This type of simultaneous searching reduces the need for multiple searches and saves the user’s time and the cost of purchasing multiple online or print subscriptions through various contractors.

0. Customers require ability to download the ODIR as an application to access on a smartphone or similar mobile device.

D. Deliverables

1. Static URL, IP authentication, product training prior to implementation technical support numbers, account number, promotional materials, monthly usage statistics.

1. The contractor shall have the ability to provide usage statistics at the facility and VISN level on a quarterly basis. The format of the usage statistics is provided either via email or contractor provided login and should include session count, search count and total document retrievals per title.

1. Contractor shall provide online training tutorials which can be tailored to the needs of various medical centers/facilities. Contractor shall also provide on-site training, virtual training sessions, briefings and updates as requested by VISN 12

1. Contractor shall respond to end user questions within 48 hours.

1. If a plug-in, additional software or recommended software is required for optimal use, please include specific requirements. Contractor will address any questions or problems encountered when using this product with supported software or hardware.

1. Adheres to web usability standards for navigation and layout; such as, Left-hand navigation, bolded headers, and clearly identified sub-topics

E. Salient Characteristics:

1. Vendor/Product must cooperate with VA to be submitted and processed for a status memo as a VA-approved Software-as-a-Service (SaaS) product through the VA Digital Marketplace.

2. Vendor/Product must submit request and have Federal Risk and Authorization Management Program (FedRAMP) status memo by time of contract award.

3. Comprehensive medication monographs including but not limited to

a. Information regarding FDA and non-FDA approved indications, to include the FDA approval date clearly marked and literature references cited

b. Clearly identified drug use, category, and class – including all drug forms

c. Grade and strength of evidence ratings, including date last updated

d. Side-by-side comparative drug evaluations (table format) with primary literature summaries to allow time effective comparison of more than one agent with one search. This feature assists VA providers in formulary management and is essential for optimal medication use, safety, and cost effectiveness.

e. Must have comparative efficacy and place in therapy evaluations to allow VA clinicians to have immediate access to high quality, in-depth drug information. Detailed and referenced comparative efficacy evaluations are also essential to formulary management.

f. Comprehensive and current information available about drug use in special populations; including, but not limited to:

i. renal impairment

ii. hepatic impairment

iii. geriatrics

iv. hemodialysis

v. hemofiltration,

vi. pharmacogenomics information (i.e., CYP2C9 poor metabolizer)

vii. obesity

viii. pregnancy

ix. trauma

x. and other relevant disease states that will vary by drug (e.g. for phenytoin, relevant disease states include hypoalbuminemia, trauma and critical illness)

g. Dosing guidance in an easy-to-read, filterable, table format

i. Include standard initial and maintenance doses

ii. Considerations for use in specialty populations such as: elderly patients, renal and/or hepatic impairment

iii. All dosage forms

iv. Conversion guidance from one form to another – e.g., from intravenous (IV) to oral (PO) administration

v. Spell out acronyms

h. Commercially available dosage forms/preparations

i. Administration/storage information

j. Side-by-side comparative drug evaluations and comparative efficacy evaluations

k. Warnings, precautions, contraindications - searchable

i. Adverse drug reaction information, type (including frequency of reaction and incidence rates, monitoring guidelines)

ii. Black Box Warning information – accessible and readable

iii. Risk Evaluation and Mitigation Strategies (REMS) information

iv. Material Safety Data Sheets

v. Do-Not-Crush: capsules/tablets that should not be crushed – clear link available and searchable

vi. Do-Not-Confuse, Sound-alike, and Look-alike – clear links and searchable

vii. Toxicology/poison control management/overdose signs/symptoms

l. Monitoring information/parameters for all clinical practices, specifically nursing and pharmacy practices

m. Pharmacokinetic information including absorption, distribution, protein binding, metabolism, bioavailability, half-life elimination, time to peak, and excretion as applicable (critical)

n. Pharmacogenomic information including drug-gene interactions and recommendations based on national guidelines as applicable.

o. Pregnancy and lactation requirements

p. Conversion between dosage forms (oral to IV; IV to oral; IR to SA; SA to IR, etc.)

q. Ability to sort drug comparisons by adverse reaction, indication or contraindication, table display

r. Ability to pull reports on drug comparisons by adverse reaction, indication or contraindication, table display

s. References to abstracts, tertiary electronic sources, and/or full text articles

t. Hazardous Drug Handling Considerations – clear and thorough hazardous drug handling considerations for each drug located within the drug monograph.

4. CRITICAL: Comprehensive IV compatibility tools including:

a. IV piggyback, IV Y-site, IV admixture, IV syringe compatibility (i.e., IV medications and solutions such as lactated ringer)

b. conversion between dosage forms (oral to IV; IV to oral; IR to SA; SA to IR, etc.)

c. conversion between drugs in the same therapeutic class (i.e., formulary changes and patient tolerability guidance)

d. IV Compatibility as a search filter

e. Table format to facilitate easy comparison, NOT a list. (e.g., when comparing multiple drugs and solutions)

f. Results display in a printable table form

5. IV administration guidelines for medications

a. Rate of administration, IV preparation, including storage and stability

b. Guidelines for both prep and the drug pre-prep

c. Treatment of phlebitis associated with IV medications

d. Treatment of IV extravasation - chemotherapy and non-chemotherapy medications

6. Teratogenic/pregnancy, fertility, lactation Medications Database

7. Toxicology/poison control management database including:

a. substance-exposure specific treatment information on providing life support, identifying symptomatology associated with overdose, monitoring, managing any exposure, and enhancing elimination

b. comprehensive evidence-based, current data reviewed and evaluated by clinical experts

8. Drug interaction tool

a. Capability of entering multiple drugs and allergies for a given patient

b. clearly displays results in a table format, search and filter capable

c. output from entry of one list of drugs shall include detailed drug-drug, drug-allergy, drug-ethanol, drug-lab, drug-food, drug tobacco, drug-pregnancy, drug-disease, and drug-lactation, and drug-duplication

d. interaction information shall include severity, assessment of level of documentation, summary, mechanism, detailed literature discussion and references, and management recommendations

e. Medication dosage, clinical, and laboratory calculators including easy to find antidote dosing calculators and nomograms

f. Herbals and supplements

9. Pharmaceutical product identification – searchable

a. Includes images, imprint, description, and/or slang terms

b. Reverse lookup using imprint or descriptors

10. Detailed drug consults providing detailed answers to clinical questions including comprehensive primary literature evaluation

11. Ability to search across all databases contained within the resource with one search term.

12. Patient education

a. Current FDA approved drug leaflets/drug-specific handouts

b. Patient-friendly natural or 508-compliant language

c. Print-capable to be provided to the patient, in 508-compliant readability layout and font

d. Minimum of 2 languages available – English and Spanish

13. Web-Based Mobile access available for commonly used devices such as iPhone®, iPad™, Android

14. Natural medicine database

15. Database is continuously updated to ensure users have access to most accurate information and the date of last update is easily located on page updated.

F. 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.

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.

G. HIPAA Compliance:

Contractor must adhere to the provisions of Public Law 104-191, Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the National Standards to Protect the Privacy and Security of Protected Health Information (PHI). As required by HIPAA, the Department of Health and Human Services (HHS) has promulgated rules governing the security and use and disclosure of protected health information by covered entities, including the Department of Veterans Affairs (VA). In accordance with HIPAA, the Contractor maybe required to enter into a Business Associate Agreement (BAA) with VA. The contractor will take due diligence to make sure that VA sensitive information and data that is viewed, faxed or similarly transmitted, or discussed verbally is protected from unapproved disclosure.

All items offered must comply with FAR 52.211-6 Brand Name or Equal and must have the alike salient characteristics of the items stated above, to include technical documentation to support products being offered as equal items. If offering an equal product, offeror must complete the following: Manufacturer Name __________, Brand _________, Make or Model Number ___________. If offering an equal product, offer must include product literature, product samples (if requested), technical features, and any end user training and or installation that will be required. The provision at 52.212-1, Instructions to Offeror--Commercial Items, applies to this solicitation. Award will be made to the offeror representing the best value to the Government. All quotes will be evaluated in accordance with technical capability, compliance with the solicitation requirements and price.

B.7 PRICE/COST SCHEDULE

ITEM INFORMATION

VA Great Lakes Health Care System (VISN12) Online Drug Information Resource - Online Drug Information Resource - CLINICAL LEVEL Contract Period: Base POP Begin: 04-01-2025 POP End: 03-31-2026 PRINCIPAL NAICS CODE: 513210 - Software Publishers PRODUCT/SERVICE CODE: DH01 - IT and Telecom - Platform Support Services: Database, Mainframe, Middleware (Labor)

VA Great Lakes Health Care System (VISN12) Online Drug Information Resource - Online Drug Information Resource - CLINICAL LEVEL Contract Period: Option 1 POP Begin: 04-01-2026 POP End: 03-31-2027

PRODUCT/SERVICE CODE: DH01 - IT and Telecom - Platform Support Services: Database, Mainframe, Middleware (Labor)

VA Great Lakes Health Care System (VISN12) Online Drug Information Resource - Online Drug Information Resource - CLINICAL LEVEL Contract Period: Option 2 POP Begin: 04-01-2027 POP End: 03-31-2028

PRODUCT/SERVICE CODE: DH01 - IT and Telecom - Platform Support Services: Database, Mainframe, Middleware (Labor)

VA Great Lakes Health Care System (VISN12) Online Drug Information Resource - Online Drug Information Resource - CLINICAL LEVEL Contract Period: Option 3 POP Begin: 04-01-2028 POP End: 03-31-2029

PRODUCT/SERVICE CODE: DH01 - IT and Telecom - Platform Support Services: Database, Mainframe, Middleware (Labor)

VA Great Lakes Health Care System (VISN12) Online Drug Information Resource - Online Drug Information Resource - CLINICAL LEVEL Contract Period: Option 4 POP Begin: 04-01-2029 POP End: 03-31-2030

PRODUCT/SERVICE CODE: DH01 - IT and Telecom - Platform Support Services: Database, Mainframe, Middleware (Labor)

B.8 DELIVERY SCHEDULE

Clement J. Zablocki VAMC 5000 West National Avenue Milwaukee, WI 53295

USA

Email Contact Only Tiffany.Pevey@va.gov

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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

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

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

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

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

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

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

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

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

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

(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

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

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause)

C.4 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

(End of Clause)

C.5 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

The Contracting Officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee’s authority. A copy of the designation letter shall be furnished to the Contractor.

(End of Clause)

(End of Addendum to 52.212-4)

C.6 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2025)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[] (4) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

[] (5) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (6) [Reserved] [] (7) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (8) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (9) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).

[] (10) 52.204–28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115–390, title II).

[X] (11)(i) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (DEC 2023) (Pub. L. 115–390, title II).

[] (ii) Alternate I (DEC 2023) of 52.204–30.

[] (12) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (JAN 2025) (31 U.S.C. 6101 note).

[] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

[] (14) [Reserved] [] (15) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

[] (16) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (17) [Reserved] [] (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-6.

[] (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[] (20) 52.219-8, Utilization of Small Business Concerns (JAN 2025) (15 U.S.C. 637(d)(2) and (3)).

[] (21)(i) 52.219–9, Small Business Subcontracting Plan (JAN 2025) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (JAN 2025) of 52.219–9.

[] (v) Alternate IV (JAN 2025) of 52.219–9.

[] (22)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (ii) Alternate I (MAR 2020) of 52.219-13.

[] (23) 52.219–14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

[] (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[] (25) 52.219–27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

[] (26) (i) 52.219-28, Postaward Small Business Program Rerepresentation (JAN 2025) (15 U.S.C. 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219–28.

[] (27) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

[] (28) 52.219–30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

[] (29) 52.219-32, Orders Issued Directly Under Small…