36C25523Q0029.docx

36C25523Q0029

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

589-23-4-2645-0001 36C25523Q0029 11-02-2022 Flores, Betty 913-946-1167 11-10-2022

11:00 AM

CST

36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth KS 66048 X X 561492 $16.5 Million N/A X Department of Veterans Affairs Eastern Kansas Health Care 4101 South 4th Street - Leavenworth 2200 SW Gage Blvd. - Topeka

KS

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 Court Reporting Services - Leavenworth & Topeka VAMCs ******** See Section B for details ******** This will result in a Firm Fixed Price, FOB Destination contract with a Base Year and Four (4) Option Years.

This is intended as an SDVOSB Set-Aside. Only VA verified SDVOSBs in the VIP database at the time of contract award will be considered for award and non-VIP verified firms will be considered non-responsive and ineligible for award.

See Offeror's Instruction in E.2 for submission of quote Please complete C.

, 852.219-77 along with submission of quote.

See CONTINUATION Page X Shelley Welton Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

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

a. CONTRACTOR: NAME: __________________________________

UEI #: ___________________________________

b. GOVERNMENT: CONTRACTING OFFICER 36C255

DEPARTMENT OF VETERANS AFFAIRS

NETWORK CONTRACTING OFFICE (NCO) 15

3450 S 4th STREET

LEAVENWORTH, KS 66048

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System for Award Management

3. INVOICES: Invoices shall be submitted:

[X] Upon Completion of Service [ ] Other

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

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

B.2 STATEMENT OF WORK

FOR

Court Reporting Services Eastern Kansas VA Health Care Center Leavenworth and Topeka, Kansas

SCOPE OF WORK

a. The Contractor shall furnish the necessary personnel, materials, and services, and otherwise do all things necessary for and incidental to the verbatim reporting and transcription of Administrative Investigation Board (AIB) proceedings conducted by or pursuant to orders of the Office of the Director Eastern Kansas Health Care System (EKHCS) Dwight D. Eisenhower (Leavenworth Campus) and/or Colmery O’Neil (Topeka Campus). This is a Requirements contract.

b. All reporting shall be by Computer aided Transcription machine (CAT). The Contractor shall utilize a backup system.

c. If testimony must be retaken because of mechanical breakdown of the CAT, transcribing, or stenographic equipment, or because of negligence by the Contractor or any subcontractor, the Contractor shall provide the services necessary to retake the testimony at no additional charge to the Department of Veterans Affairs or to any party to the litigation. In addition, the Contractor shall bear all transportation and subsistence costs, to be computed in accordance with travel regulations governing employees of the Department of Veterans Affairs, incurred by Office of the Director EKHCS, the parties and their witnesses and attorneys in attending or testifying at such retaking of testimony

d. The Contractor agrees that the assigned reporter shall perform all work in a business-like manner and according to the best standards of the reporting profession; and the Contractor, at all times, shall provide promptly at the time, date, and place designated, as many competent reporters and stenographers and maintain such staff and equipment at such times as may be necessary for the prompt recording of proceedings and the furnishing of satisfactory transcripts which shall conform to the requirements of this contract.

e. To the maximum extent practical, when requested by the Office of the Director EKHCS, the Contractor shall assign the same reporter to a proceeding lasting more than one (1) day or, in the case of a lengthy proceeding, the same group or reporters. The Contractor agrees that the assigned reporter shall:

(1) Present himself or herself to the presiding official at least fifteen (15) minutes prior to the time and at the place of designated hearings, or in no case later than the time required to set up all required equipment and be able to begin verbatim reporting at the designated time; or, if the case of a telephonic investigation shall make telephone contact to the presiding official at least fifteen (15) minutes prior to the start time;

(2) At all times, be governed by the instructions of the presiding official in matters affecting the composition of the record, adjournment to tother times or places, the hours of hearing, and matters of like character

(3) Report everything spoken while a hearing is in session unless the presiding official directs an off-the record discussion;

(4) No omit from the record any part of a proceeding for which notes have been taken as required, unless the presiding official so directs;

(5) Mark and number letter exhibits and arrange them in numerical or alphabetical order if directed to do so by the presiding official.

f. The Contractor is required to assure either directly or through his/her subcontractors;

(1) That each reporter is fully aware of the assigned work situation, including the occasional need for extending a hearing session beyond the normal workday

(2) That each reporter is aware of the additional compensation available to him or her when such services are required and used;

(3) That, in fact, the additional compensation is received by reporters.

g. The Contractor shall furnish complete transcripts, which accurately reflect the full and complete verbatim record of the proceedings. When the presiding official determines that there are errors in the transcript, he/she may require the Contractor to correct the errors and furnish the corrected transcript within five (5) calendar days after receipt of notification and without additional cost to the Government for the same, regardless of the delivery time the original order specified.

h. The Contractor shall furnish transcripts, which are legible. In the event the presiding official finds one or more copies of transcripts to be illegible. The Contractor shall correct and replace the same with acceptable copies within one (l) business day after receipt of notification from the presiding official and without additional cost for such replacement.

FORMAT REQUIREMENTS

a. Transcripts shall be typed with black daisy wheel or ribbon or reproduced by regular office-type duplicating machines or laser printers, on white 20-pound rag paper or equal. Paper shall be 8 ½” X 11” in size, with a margin of 2” at the left-hand side.

b. In the original and each copy of the transcript, the title page showing name, docket number, place and date of proceeding, appearances, location, etc., shall be preceded by a page or pages of distinctive color, indexing the witnesses and exhibits to the testimony. Each transcript shall include one complete cumulative index of witnesses and exhibits. The index shall indicate the page devoted to the testimony of each witness and shall identify the exhibits by number or letter (as marked) and show which party introduced each exhibit; give a brief description of the nature of the exhibit; and state the page on which the exhibit was marked for identification and the page on which the exhibit was admitted into evidence or rejected or withdrawn.

c. Typing shall be nine (9) characters to the inch, double-spaced, and with twenty-four (24) lines per page. Whenever testimony is continuous requiring more than one line, the typing shall begin as close as possible to the left ruled margin line, with words to be hyphenated properly when necessary. Numbers indicating each line of transcript on each page, i.e., Ito 24, inclusive, shall be printed at the left margin line of the original transcript.

d. Pagination of the transcript shall be in a single series of consecutive numbers regardless of the number of days of the proceeding. Pagination of the transcript of a continuation of the proceeding shall follow consecutively the paging of the previous session in the same proceeding unless otherwise directed by the presiding official. Page numbers are to be placed at the bottom center of each page.

e. Transcripts shall be punched with three (3) holes at the left side; the upper and lower holes to be two (2) inches from top and bottom of the page, and the third hole to be in the center of the resulting interval. Transcripts shall be secured with a suitable fastener of permanent nature. Each copy of the transcript furnished shall be bound with covers of good quality, white or colored 140-pound index paper, #1 sulfite paper, heavy weight transparent plastic or similar material.

f. The transcripts for the Administrative Investigations Board (AIB) will be sent to the Office of Quality Management EKHCS. A CD-ROM of the transcript will also be sent along with a hard copy to the Office of the Directory EKHS and or appointed designee.

TYPE OF PROCEEDING

Proceedings shall be designated as Confidential. When a proceeding or any portion thereof is designated Confidential, the Contractor shall hold inviolate and in the strictest confidence any information which he/she may gain in the performance of his/her duties under this contract. The Contractor shall not divulge, sell, or distribute, any information gained at a confidential proceeding unless in writing by the presiding official.

OATHS AND NOTARY SERVICES

The Reporter shall be competent to administer oaths. Depositions shall be transcribed by a duly authorized notary. No separate fee is to be charged for notary services, administering oath, or affixing seal.

CONFLICT OF INTEREST

A conflict of interest is defined as the existence of financial or other relationship between the Contractor, including any of his/her employees, agents, subcontractors, or representatives, and a party to or an attorney involved or representatives, and a party to or an attorney involved in a proceeding to be transcribed under this contract. The Contractor shall promptly notify the presiding official whenever there is a potential or actual conflict of interest between the Contractor and such party or attorney. If a potential or actual conflict of interest is reported by the Contractor, the Contracting Officers reserves the right to have the transcript of that proceeding produced by another court reporter at no cost to the Contractor, notwithstanding any other provision of this contract. Should a new proceeding be required because a conflict of interest exists which the Contractor failed to bring to the attention of the presiding official, the Contractor shall bear the full cost of the new proceeding.

DELIVERY SCHEDULE

a. An original and two copies of all transcripts ordered, shall be delivered to the presiding official, or the Office of Director EKHS, or their designee during regular business hours (8:00 am through 4:00 pm, Monday through Friday, excluding Federal Holidays) with a postage or other transportation charges fully prepaid by the Contractor as follows:

1. Regular copy - Regular copy of transcripts (original and 2 copies) shall be delivered within ten (10) calendar days after conclusion of the proceedings. Computation of this period shall commence on the calendar day following conclusion of the proceeding.

2. Accelerated copy – Daily copy of transcripts (original and 2 copies) shall be delivered within two (2) days after the conclusion of each day of the proceedings. Computation of this period shall commence immediately upon conclusion of each day of the proceedings.

b. Whenever a hearing or deposition is continued, recessed, or adjourned for a period of five or more calendar days, that portion of the transcript of the hearing held prior to such continuance, recess, or adjournment shall be considered a complete hearing for the purpose of computing time for delivery of the transcript.

c. Requests for Services will be made either in writing, email or by telephone.

d. Services will be required at either facility or both facilities at the same time:

e. The Contractor will determine within a reasonable time, normally within 24 hours of the time the request for services was made, whether or not a reporter will be available. If this determination is not received, the Department of Veterans Affairs reserves the right to obtain the service from another source and to charge the Contractor with any excess cost which may result there from the Department of Veterans Affairs will be the sole judge in determine when to order service from another source.

f. Regardless of whether the delivery ordered is regular or accelerated copies, if the contractor fails to deliver the transcript to the Government within the applicable period prescribe, a reduction in prices will be made as liquidated damages. The amount to be paid for the transcript will be reduced by two (2) percent of the price for the transcript, computed at the rates set forth in this contract for each Government business day or fraction thereof that delivery is delayed beyond the time limit prescribed depending on which has been ordered by the presiding official, up to a total of fifty (50) percent of the transcript price. Computation of price reductions shall commence on the day following the date on which transcripts were to be delivered to the Office of the Director EKHS and the applicable Facility. Failure to furnish a reporting service of delinquency in the delivery of a transcript is a default and subject the Contract to the default provision of this agreement.

SERVICES

a. The services specified in the Sections entitled Schedule of Supplies/Services and Special Contract Requirements may be changed by written modification to this contract. The VA Contracting Officer will prepare the modification.

b. Other necessary personnel for the operation of the services contracted for at the VA will be provided by the VA at levels mutually agreed upon which are compatible with the safety of the patient and personnel and with quality medical care programming.

c. The services to be performed by the Contractor will be performed in accordance with VA policies and procedures and the regulations of the medical staff by laws of the VA facility.

d. There is no employer-employee relationship between the VA and the Contractor or the Contractor's Employee(s).

TERM OF CONTRACT

This contract is effective for a period of one year from the date of award with four (4) one-year options. The contract is subject to the availability of VA funds.

QUALIFICATIONS

Personnel assigned by the contractor to perform the services covered by this contract shall have a full and unrestricted license in a State, Territory, or Commonwealth of the United State or the District of Columbia.

WORK HOURS

a. The Contractor shall provide the services covered by this contract during Normal Duty Hours 8:00 am – 4:30 pm. The Contractor will not be required, to furnish such services during off-duty hours as described below.

b. National Holidays: The IO holidays observed by the Federal Government are: New Year's Day ( ) (January 1st Martin Luther King's Birthday (3rd Monday in January), Presidents Day (3rd Monday in February), Memorial Day (last Monday in May), Independence Day (July 4th), Labor Day (1st Monday in September), Columbus Day (2nd Monday in October), Veterans Day (November 11), Thanksgiving Day (4th Thursday in November), Christmas Day (December 25) and any other day specifically declared by the President of the United States to be a national holiday.

c. When one of the above designated legal holidays falls on a Sunday, the following Monday will be observed as a legal holiday. When a legal holiday falls on a Saturday, the preceding Friday is observed as a holiday by the U.S. Government agencies.

RECORD KEEPING

The VA shall establish and maintain a record keeping system that will record the hours worked by the contractor's employee(s). Contractor's employee(s) shall report to the presiding official (Office of the Director or appointed designee) upon arrival at and departure from the VA. Monitoring of contractor's employee's time shall be demonstrated through sign-in/sign-out sheets. After contract award, any incidents of contractor noncompliance as evidenced by the monitoring procedures shall be forwarded immediately to the Contracting Officer.

HHS/OIG

To ensure that the individuals providing services under the contract have not engaged in fraud or abuse regarding Sections 1128 and 1128A of the Social Security Act regarding federal health care programs, the Contractor is required to check the Health and Human Services – Office of Inspector General (NHS/OIG), List of Excluded Individuals/Entities on the OIG Website (www.hhs.gov/oig) for each person providing services under this contract. Further the Contractor is required to certify in its proposal that all persons listed in the Contractor’s proposal have been compared against the OIG list and are NOT listed. During the performance of this contract the Contractor is prohibited formusing any individual or business listed on the List of Excluded Individuals/Entities.

CONFIDENTIALITY OF PATIENT RECORDS

The Level of Background Security Investigation for Court Reporter Services is designated as an SAC by the Facility Information Security Office and Human Resources. (2280a) The selected Contractor for Court Reporter shall call Human Resources, Point of Contact will be provided on award, for an appointment for a Fingerprint background check to be performed on all employees who will be performing the Court Reporting duties. This background check will be paid for by the VA. (SAC)

The selected Contractor will be required to sign a Statement of Commitment and Understanding for VA Contractors who possess, handle or come in contact with VA sensitive information or personal data. This form will be provided by the Contracting Officer.

And as such:

A Contractor working for the Department of Veterans Affairs (VA), will be committed to safeguarding the personal information that veterans and their families have entrusted to the Department. The Contractor will also be committed to safeguarding the personal information which VA employees and applicants have provided.

To ensure that the Contractor understands their obligations and responsibilities in handling the personal information of veterans and their families, the Contractor will have completed the annual General Privacy Awareness Training (or VHA Privacy Training, as applicable) (See Privacy below)

The Contractor for Court Reporting will contact the Contracting Officer who will then get in touch with the Information Security Officer or Regional or General Counsel, when the Court Reporter is unsure whether or how they may gather or create, maintain, use, disclose or dispose of information about veterans and their families, and VA employees and applicants.

The Contractor further understands that if they fail to comply with applicable confidentiality statutes and regulations, the Contractor may be subject to civil and criminal penalties, including fines and imprisonment. The Contractor also recognizes that VA may impose sanctions, up to and including termination of contract for violation of applicable confidentiality and security statutes, regulations and policies.

The Contractor will certify that they have completed the training outlined above and will committed to safeguarding personal information about veterans and their families, and VA employees and applicants.

VA information will not be co-mingled with any other data on the contractors/subcontractor’s information systems/media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. VA also reserves the right to conduct IT resource inspections to ensure data separation and on-site inspection of information destruction/media sanitization procedures to ensure they are in compliance with VA policy requirements.

Prior to termination or completion of this contract, contractor will not destroy information received from VA or gathered or created by the contractor in the course of performing this contract without prior written approval by the VA contracting officer. Any data destruction done on behalf of VA by a contractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, and applicable VA Records Control Schedules.

The contractor shall not make copies of VA information except as necessary to perform the terms of the agreement or to preserve electronic information stored on contractor electronic storage media for restoration in case any electronic equipment or data used by the contractor needs to be restored to an operating state.

If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to terminate the contract for default or terminate for cause under Federal Acquisition ( ) Regulation (“FAR”) part 12.

Contractor will store, transport or transmit VA sensitive information in an encrypted form, using a VA-approved encryption application that meets the requirements of NISTs FIPS 140-2 standard.

SECURITY INCIDENT INVESTIGATION

The term "security incident" means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor shall immediately notify the Contracting Officer Representative (COR) and simultaneously, the designated ISO/Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor has access.

To the extent known by the contractor, the contractor's notice to VA will identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information/assets were placed at risk or compromised), and any other information that the contractor considers relevant.

The contractor will simultaneously report the incident to the appropriate law enforcement entity(ies) of jurisdiction, including the VA Offices of the Inspector General and Security and Law Enforcement, in instances of theft or break-in or other criminal activity. The contractor, its employees, and its subcontractors and their employees will cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor will cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.

To the extent practicable, the contractor shall mitigate any harmful effects on individuals whose VA information was accessed or disclosed in a security incident.

In the event of a data breach with respect to any VA Sensitive Information processed or maintained by the contractor or subcontractor under the contract, the contractor is responsible for liquidated damages to be paid to VA.

PRIVACY

VHA employees, contractors, and volunteers who do not provide patient care but have access or potential access to veteran information in the performance of their duties, such as administrative officers, MCCF staff, coders, ROI department, RMS, Information Desk staff and so forth have three choices available for privacy training. The training will be provided at the time of the award.

Base Year December 3, 2022 – December 2, 2023 Court Reporter, Eastern Kansas Healthcare System, Leavenworth, Topeka

1. Administrative Investigation Boards (AIB) 4 per year

2. Average Testimonies per AIB 8 -10

Attendance

1a

2.5 Hours Minimum

Per Hour

1b

Transcript Turn Around Time

2a

10 - 14 Business Days (Standard)

Per page

2b 3 - 5 Business Days (Expedited) (Not anticipated but possibly necessary) Per page

Per page

2d

Same Day

Deposition Reproduction Services

Depose Base CD ROM Per CD

Option Year 1 December 3, 2023 – December 2, 2024

1. Administrative Investigation Boards (AIB) 4 per year

2. Average Testimonies per AIB 5 – 8

Attendance

Transcript Turn Around Time

3 - 5 Business Days (Expedited)

Per page

Per page

Deposition Reproduction Services

Per CD

Option Year 2 December 3, 2024 – December 2, 2025

1. Administrative Investigation Boards (AIB) 4 per year

2. Average Testimonies per AIB 5 -8

Attendance

Transcript Turn Around Time

3 - 5 Business Days (Expedited)

Per page

Per page

Deposition Reproduction Services

Per CD

Option Year 3 December 3, 2025 – December 2, 2026

1. Administrative Investigation Boards (AIB) 4 per year

2. Average Testimonies per AIB 5 - 8

Attendance

Transcript Turn Around Time

3 - 5 Business Days (Expedited)

Per page

Per page

Deposition Reproduction Services

Per CD

Option Year 4 December 3, 2026 – December 2, 2027

1. Administrative Investigation Boards (AIB) 4 per year

2. Average Testimonies per AIB 5 - 8

Attendance

Transcript Turn Around Time

3 - 5 Business Days (Expedited)

Per page

Per page

Deposition Reproduction Services

Per CD

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ADMINISTRATIVE INVESTIGATIVE BOARDS ESTIMATED 4 PER YEAR

AVERAGE TESTIMONIES PER AIB 8-10

BASE YEAR – POP 12/03/2022 -12/02/2023

ADMINISTRATIVE INVESTIGATIVE BOARDS ESTIMATED 4 PER YEAR

AVERAGE TESTIMONIES PER AIB 5-8

OPTION YEAR 1 – POP 12/03/2023 - 12/02/2024

ADMINISTRATIVE INVESTIGATIVE BOARDS ESTIMATED 4 PER YEAR

OPTION YEAR 2 – POP 12/03/2024 - 12/02/2025

ADMINISTRATIVE INVESTIGATIVE BOARDS ESTIMATED 4 PER YEAR

OPTION YEAR 3 – POP 12/03/2025 -12/02/2026

ADMINISTRATIVE INVESTIGATIVE BOARDS ESTIMATED 4 PER YEAR

OPTION YEAR 4 – POP 12/03/2026 -12/02/2027

B.4 DELIVERY SCHEDULE

Colmery-O’Neil VA Medical Center 2200 SW Gage Blvd.

Topeka, KS 66622-0001

Dwight D. Eisenhower VA Medical Center 4101 South 4th Street Leavenworth, KS 66048-5014

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(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; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and…