36C25519Q0069-001.docx

36C25519Q0069

OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL

BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SI

GN 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. SIGN

ATURE 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

589-19-1-5695-0007 36C25519Q0069 11-07-2018 Dixon Jr, Paul | paul.dixon@va.gov 913-946-1980 11-15-2018

10:00 AM CST

36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth KS 66048 X X Y 337215 500 Employees N/A X 36C255 Department of Veterans Affairs Community Based Outpatient Clinc (CBOC) 3430 W. Edgewood Drive Jefferson City MO 65109 36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth KS 66048

36C255 Department of Veterans Affairs Financial Services Center http://www.fsc.va.gov/einvoice.asp Austin TX 877-353-9791 512-460-5429 See CONTINUATION Page

SEE

SECTION B, DELIVERY SCHEDULE FOR DETAILS.

See CONTINUATION Page x X

PAUL DIXON, JR.

Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

Offeror DUNS #:

Company Name and Address:

Point of Contact:

Phone Number:

Email Address:

Tax ID#

GSA or VA NAC Contract Number

b. GOVERNMENT: Contracting Officer 36C255 Paul Dixon, Jr.

Department of Veterans Affairs Network Contracting Office (NCO) 15

3450 S 4th Street Trafficway Leavenworth KS 66048

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

3. INVOICES: Invoices shall be submitted in arrears:

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

Department of Veterans Affairs Financial Services Center http://www.fsc.va.gov/einvoice.asp

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

B.2 STATEMENT OF WORK

Harry S. Truman Veterans’ Memorial Hospital (Columbia, MO)

PROJECT SCOPE OF WORK:

The Veterans Health Administration (VHA) has a requirement for healthcare furniture and the modular check in window for a new construction CBOC located at 3430 W Edgewood Dr. Jefferson City Mo., that meets the VHA specifications and high-quality threshold while integrating excellent environmental stewardship. This building is currently under construction and has an expected activation date of January 7, 2019.

Healthcare furnishings to meet VA standards will include: Modular check in station to include laminate free standing base, glass doors, sliding locking windows with transaction counters and privacy glass, dividers, ergonomic administrative electric height adjustable desk, ergonomic wall mount work stations, swing arm attachments , ergonomic office task chairs, ergonomic medical task chairs, LED task lights, tack boards, filing and storage systems, ergonomic waiting room seating, side tables, team room tables and ergonomic meeting room task chairs, side chairs, guest seating.

The contractor shall provide all labor, materials, equipment, transportation, and supervision necessary to satisfy the needs of each ordering activity. Vendor must bring any discrepancies to the VA Point of Contact’s (POC) attention prior to placing orders with the manufacturer(s) of furniture.

All final colors shall be decided after award with the Interior Designer for VA.

This solicitation uses a Brand Name or Equal Description of the product required. This permits prospective contractors to offer products other than those specifically referenced by brand name. All offers must work with existing equipment that has already been purchased and is currently in use at the station.

SCHEDULE OF WORK

Installation for furniture is anticipated as follows:

Delivery Date:

January 2nd thru January 4th, 2019. January 5th and 6th could be required to complete the installation job and have the clinic ready for Monday January 7th opening.

Installation of the Check in station requires work to be completed between 12/21, 2018th thru December 26th 2018.

The Government maintains the option to modify the normal work week schedule, days and hours to include weekends and Holiday’s as necessary to accomplish the VHA mission.

Furniture may need to be stored as the facility does not have storage space on site.

The contractor shall:

Provide all necessary materials, equipment, labor, supervision, and Management to:

· Coordinate delivery

· Load and unload

· Place/install in designated rooms/locations

· Assemble items as required

· Secure as designated

· Properly dispose of all associated packing/crating materials outside the VA premises.

· Provide and install systems/modular furniture and freestanding furniture including accessories and components, electrical receptacles, etc. for a fully functional system.

TECHNICAL

· quantity of man hours for labor/installation

· product literature, manufacturer's product data for each item and finish including specific model numbers and fabrics quoted.

· confirmation and approval for color and texture. Actual samples will be made available to the POC on award of contract for final finish selections.

PRICING

· Price quote with separate line for labor/installation

ENVIRONMENTAL DATA

Certifications: BIFMA level certified.

PRODUCT REQUIREMENTS AND CHARACHTERISTICS FOR CHECK IN STATION:

· The modular reception desk shall be designed and installed exactly as the attached layout shows to meet the space/functionality and safety requirements. The station shall be floor to the 9’ ceiling, attached to the wall in two locations and comprise of modular furniture pieces with MS Silver.

· The solid panels shall be covered with a acrovyn, or laminate or comparable product to produce a pleasing design and provide long term protection.

· Glass panels will be from approximately 36” to 42” above the floor to the ceiling for visual observation of waiting room area.

· (4) Four acrovyn and glass paneled walls shall protrude to create patient privacy between the five windows on the waiting room side. See attached pictures for previous design of check in station.

· Floor anchors may be required for stability.

· All glass shall be tempered.

· (5) Five check in windows shall slide vertically and have locking mechanism on the administrative side.

· The transaction counter shall be 48:W x 15:D, X 1 ¼”H.

· (5) Five transaction windows with free standing laminate desking on inner side.

· Transaction counter shall be grey ash laminate with Folkstone grey grommets. Fabric inner side with clear glass above transaction counter.

· All transaction counters must meet ADA compliance.

· Panel Fabric to be selected by Interior designer after award.

GENERAL

All finished surfaces shall be free of scratches, marks, dents, or blemishes, and withstand staining, and exhibit to flaking, cracking, or loss or adhesion.

Furnishings shall have smooth finishes with no hazardous projections, sharp corners, or detail, which can be hazardous and cause personal injury or damage to clothing.

Design Contract Tasks/Requirements

· The Vendor shall be responsible for providing all sample materials for awarded product (2-Day Delivery) as requested by VA Interior Designer.

· The product must not be placed into production without clearance from the VA POC.

· The Vendor shall track manufacturing schedule and notify VA Interior Designer with updates of estimated completion date by email.

PRODUCT REFERENCES AND CHARACTERISTICS OF FURNITURE:

101 Check in station

See drawing below for design details

· All windows and work surfaces shall face the waiting room.

· (5) Persons check in windows

· (5) Free standing laminate desking work stations on employee side

· (5) transaction counters to meet ADA compliance on approach side

· Wall to be 108” for floor to ceiling division

· Vertical sliding galss lockable windows for security

· Must be floor to 9” ceiling

· Clear tempered glass above check in stations

· Frosted tempered glass on privacy panels on Veteran side and Employee side

· Accronyyn or Laminate wall wrap and panels

· Color to be determined after award

· Floor anchors may be required for stability

· Acroyyn panel wall or comparable to produce a pleasing and cohesive design.

· Inside wall shall have tackable fabric

· LED lighting attached to work surface

102 Waiting room

(30) Carolina Silver Ion Metal Waiting room chair Overall dimension: 25” w x 26” d x 46”h Metal frame, Silver Ion Antimicrobial Powder coat on all exposed metal, Luster Grey Upholstered seat and back Non- marring adjustable glides Moisture barrier

Non- Marring adjustable glides Moisture barrier

101 Reception/Check in

Dark frame

103 Conference/Team room

Dark frame

(1) Knoll Tone with casters /Sapper Electric height adjustable table Rectangle 46”w x 23”d No grommet Laminate top Grey laminate top Dark frame

Clinic Exam rooms 106, 107,109,111,113,114,115,116,117,119,120,121,132,133,138,148,149,150,151

Offers adjustability of viewing angle and keyboard height Ergonomic comfort fits multi users.

Spring assist monitor titlter Keyboard tray folds flat when not in use Slide our mouse tray Accomdates left or right hand users Powder coated steel and aluminuim Height adjustable 16” vertical adjust one handed CPU size: Up to 5” thickness Keyboiard arm reach 24” from wall Keyboard weight up to 13 lbs.

Keyboard tray size: 27” wide x 8” deep Monitor weight up to 23 lbs Track length: 31” tall Color: TBD

Medium seat Height adjustable arms Soft casters Adjustable lumbar support Black frame Swivel tilt control with seat slide Back recline tension adjust Waterfall edge seat Syncro Adjustable height Standard arm cap Fabric: Krypton Hospital grade 2 Momentum canter

(1) Sidero side chair with arms Wallsaver 25.5”W x 24”D x 33”H 4 legged base Tungsten frame Black polypropylene foot, non marking glide Standard metal fgrame patient side chair with arms Upholstered seat and back Moisture bearrier fabric on seat, impervious to fluids Hospital grade 2 GC linen Color: Navy marine

(1) Global bariatric Sidero side chair with arms Wallsaver 36.5”W x 26”D x 33.5”H 4 legged base Tungsten frame Black polypropylene foot, non marking glide Standard metal fgrame patient side chair with arms Upholstered seat and back Moisture bearrier fabric on seat, impervious to fluids Hospital grade 2 GC linen Color: Navy marine

Clinic Exam rooms, 125, 126, 134

(1) Knoll Tone Dividends with casters /Sapper Electric height adjustable table Rectangle 46”w x 23”d No grommet Laminate top Adjustable dual monitor mounts Grey laminate top Dark frame Wire management Pencil tray

(1) Mobile pedestal series 2 steel front Box/file 22-3/4”d with lock Recessed pull Full extension box drawer slides Set of keys Locked: Keyes alike

Medium seat Height adjustable arms Soft casters Adjustable lumbar support Black frame Swivel tilt control with seat slide Back recline tension adjust Waterfall edge seat Syncro Adjustable height Standard arm cap Fabric: Krypton Hospital grade 2 Momentum canter

(1) Sidero side chair with arms Wallsaver 25.5”W x 24”D x 33”H 4 legged base Tungsten frame Black polypropylene foot, non marking glide Standard metal fgrame patient side chair with arms Upholstered seat and back Moisture bearrier fabric on seat, impervious to fluids Hospital grade 2 GC linen Color: Navy marine

(1) Global bariatric Sidero side chair with arms Wallsaver 36.5”W x 26”D x 33.5”H 4 legged base Tungsten frame Black polypropylene foot, non marking glide Standard metal fgrame patient side chair with arms Upholstered seat and back Moisture bearrier fabric on seat, impervious to fluids Hospital grade 2 GC linen Color: Navy marine

RN/LPN room 108, 112, 130

(18) Knoll Tone Dividends with casters /Sapper Electric height adjustable table Rectangle 48”w x 29”d No grommet Laminate top Adjustable dual monitor mounts Grey laminate top Dark frame Wire management Pencil tray Preconfigured panel Full view Monolithic/monolithic Fabric raceway side 1 & 2 with knockouts 50” high panels for privacy x 48”W 50” high End assembly x 48” W Metal flat 50” high Back privacy panel x 48” W Panel power module 3+1 Fabric board Color: TBD

(18) Mobile pedestal series 2 steel front Box/file 22-3/4”d with lock Recessed pull Full extension box drawer slides

Medium seat Height adjustable arms Soft casters Adjustable lumbar support Black frame Swivel tilt control with seat slide Back recline tension adjust Waterfall edge seat Syncro Adjustable height

Room 131 Breakroom

Laminate top Molded edge No cutouts Locking casters Gange brackets on all 4 corners

Room 142 Audiology booth testing room

(1) Knoll Tone Dividends with casters /Sapper Electric height adjustable table Rectangle 70”w x 29”d No grommet Laminate top Adjustable dual monitor mounts Grey laminate top Dark frame Wire management Pencil tray

(1) Mobile pedestal series 2 steel front Box/Box/File 22-3/4”d with lock Recessed pull

(1) Sidero side chair with arms

25.5”W x 24”D x 33”H 4 legged base Tungsten frame Black polypropylene foot, non marking glide Standard metal fgrame patient side chair with arms Upholstered seat and back Moisture bearrier fabric on seat, impervious to fluids Hospital grade 2 GC linen Color: Navy marine

(1) Global bariatric Sidero side chair with arms Wallsaver 36.5”W x 26”D x 33.5”H 4 legged base Tungsten frame Black polypropylene foot, non marking glide Standard metal frame patient side chair with arms Upholstered seat and back Moisture bearrier fabric on seat, impervious to fluids

Medium seat Height adjustable arms Soft casters Adjustable lumbar support Black frame Swivel tilt control with seat slide Back recline tension adjust Waterfall edge seat Syncro Adjustable height

Laminate top white Hole pattern design Locking Casters Height adjustable shelf

Room 143 Audiologist Office

(3) Knoll Tone Dividends with casters /Sapper Electric height adjustable table Rectangle 46”w x 29”d No grommet Laminate top Adjustable dual monitor mounts Grey laminate top Dark frame

(3) Mobile pedestal series 2 steel front Box/Box/File 22-3/4”d with lock Recessed pull

Medium seat Height adjustable arms Soft casters Adjustable lumbar support Black frame Swivel tilt control with seat slide Back recline tension adjust Waterfall edge seat Syncro Adjustable height

Room 144 Audiology storage

Room 145 Hearing Aid room

(3) Knoll Tone Dividends with casters /Sapper Electric height adjustable table Rectangle 48”w x 30”d No grommet Laminate top Adjustable dual monitor mounts Grey laminate top Dark frame

(3) Mobile pedestal series 2 steel front Box/ File 22-3/4”d with lock Recessed pull

Medium seat Height adjustable arms Soft casters Adjustable lumbar support Black frame Swivel tilt control with seat slide Back recline tension adjust Waterfall edge seat Syncro Adjustable height

Room 146 Audiology Repair room

(1) Knoll Tone Dividends with casters /Sapper Electric height adjustable table Rectangle 48”w x 30”d No grommet Laminate top Adjustable dual monitor mounts Grey laminate top Dark frame

(1) Mobile pedestal series 2 steel front

Recessed pull

Medium seat Height adjustable arms Soft casters Adjustable lumbar support Black frame Swivel tilt control with seat slide Back recline tension adjust Waterfall edge seat Syncro Adjustable height

(1) Sidero side chair with arms

25.5”W x 24”D x 33”H 4 legged base Tungsten frame Black polypropylene foot, non marking glide Standard metal fgrame patient side chair with arms Upholstered seat and back Moisture bearrier fabric on seat, impervious to fluids Hospital grade 2 GC linen Color: Navy marine

(1) Global bariatric Sidero side chair with arms Wallsaver 36.5”W x 26”D x 33.5”H 4 legged base Tungsten frame Black polypropylene foot, non marking glide Standard metal frame patient side chair with arms Upholstered seat and back Moisture bearrier fabric on seat, impervious to fluids

(1) Mobile pedestal series 2 steel front

Recessed pull

Room 147 Audiology Modification room

(1) Knoll Tone Dividends with casters /Sapper Electric height adjustable table Rectangle 46”w x 30”d No grommet Laminate top Adjustable dual monitor mounts Grey laminate top Dark frame

(1) Mobile pedestal series 2 steel front

Recessed pull

Medium seat Height adjustable arms Soft casters Adjustable lumbar support Black frame Swivel tilt control with seat slide Back recline tension adjust Waterfall edge seat Syncro Adjustable height

(1) Sidero side chair with arms

25.5”W x 24”D x 33”H 4 legged base Tungsten frame Black polypropylene foot, non marking glide Standard metal fgrame patient side chair with arms Upholstered seat and back Moisture bearrier fabric on seat, impervious to fluids Hospital grade 2 GC linen Color: Navy marine

(1) Global bariatric Sidero side chair with arms Wallsaver 36.5”W x 26”D x 33.5”H 4 legged base Tungsten frame Black polypropylene foot, non marking glide Standard metal frame patient side chair with arms Upholstered seat and back Moisture bearrier fabric on seat, impervious to fluids

(1) Mobile pedestal series 2 steel front

Recessed pull

Room 153 Managers office

(1) Knoll Tone Dividends with casters /Sapper Electric height adjustable table Rectangle 58”w x 29”d No grommet Laminate top Adjustable dual monitor mounts Grey laminate top Dark frame Wire management Pencil tray With casters

(1) Horizon Credenza Single depth Sliding door Laminate top 72”W With lock Color: TBD Lock: keyed alike Set of keys

(1) Mobile pedestal series 2 steel front Box/ File 22-3/4”d with lock Recessed pull

Dark frame

Rooms 101, 103, 108, 413, 156

(5) Printer table Knoll Dividends 36” x 24” Metal supports

Room 134 tele retinal

Room 154 MSA Storage

VA Security clause:

Authorization requirements do not apply and a security accreditation package is not required.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Provide Supplies and Furnishings for the Jeff City, MO new CBOC IAW Statement of Requirements.

Labor

B.4 DELIVERY SCHEDULE

Community Based Outpatient Clinic (CBOC) 3430 W. Edgewood Drive Jerfferson City, MO 65109

USA

913-946-1980 paul.dixon@va.gov

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN 2017)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government'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 the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, 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 will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(u) Unauthorized Obligations.

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

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

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

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

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

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

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

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

C.2 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

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

(End of Clause) C.3 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes FAR 52.219-4 Notice of Price Evaluation Preference for HubZone Small Business Concerns.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause) C.4 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes the clause: 852.215-70 Service-disabled veteran-owned and veteran-owned small business evaluation factors. Accordingly, any contract resulting from this solicitation will include the clause 852.215-71 Evaluation factor commitments.

(b) The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) to assist in assessing Contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the Contractor's business records or other proprietary data to review such business records regarding contract compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor compliance with the subcontracting commitments.

(End of Clause)

C.5 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012)

(a) Definitions. As used in this clause—

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

(2) Designated agency office has the meaning given in 5 CFR 1315.2(m).

(3) Electronic form means an automated system transmitting information electronically according to the Accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests.

(4) Invoice payment has the meaning given in FAR 32.001.

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form.