36C25525Q0130.docx

36C25525Q0130

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

589-25-1-1792-0022 589-25-1-1792-0024 36C25525Q0130 01-23-2025 Betty Flores | veronica.flores@va.gov 913-946-1167 01-30-2025 11:00 am

CST

36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth KS 66048 X X 334510 1250 Employees N/A X Department of Veterans Affairs Kansas City VA Medical Center 4801 East Linwood Boulevard Kansas City MO 64128-2226 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 Telemetry System and Packs - Kansas City VAMC In Accordance with the Statement of Requirement ******** See Section B for details ******** This will result in a Firm Fixed Price, FOB Destination Purchase Order.

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

This is Brand Specific requirement with a supporting J and A Vendor must be an authorized distributor, submit your Authorized Distributor Letter from the OEM with your quote.

NMR class waiver 72 Fed. Reg 72433 dated 12/20/2007 applies.

See CONTINUATION Page X X X One( 1) Betty Flores 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 Acceptance and Installation of Product [ ] 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 REQUIREMENT

Purpose: The Kansas City VA Medical Center (VAMC), Inpatient Services is requesting activation of an additional Philips telemetry system and telemetry packs for 4E to elevate the telemetry monitoring capabilities and increase patient safety.

Background: Currently the Kansas City VAMC has the Philips telemetry system installed throughout the facility. The request is for additional equipment that is required for patient safety by ensuring the frontline nursing staff can visualize all telemetry patients on the unit via monitors in the hallway. The new telemetry system and telemetry packs are required for the activation of the new 4E unit. Additionally, a proposed purchase of telemetry monitors for the hallways on 4 East and two advanced monitors to facilitate advanced monitoring bedside during administration of cardiac medications.

General Scope of Work:

Products (Philips Healthcare) (including software, licenses)

16. IntelliVue MX40 portable telemetry Packs 40

· Salient Characteristics

· Color screen, touch display 2.8 QVGA color LCD

· Automatic sleep mode helps conserve energy

· Two channels of real-time waveforms

· Multiple parameters displayed

· Battery options: disposable or lithium rechargeable

· 4.99” x 2.75” x 1.24”

· Operating: 23 to 99°F

· Storage: -22 to 122°F

· Lead wires: 3,5, or 6-wire patient cable compatible with IntelliVue Patient Monitor, AAMI/IEC color codes for ECG and FAST SpO2

4. PATIENT MONITORING System Requirements:

This equipment shall be Philips Monitoring equipment to be added to the new 4E unit which will be the same as the pre-existing Philips monitoring system currently in use throughout the KCVA facility with no substitutes accepted.

Philips Central Station This equipment shall permit a user to view all networked monitors associated with the particular care area. This shall include, but not be limited to, a large high-quality display, software, mounts, UPS and all connections and accessories to accommodate the remote monitoring functionality. The equipment shall provide the following features and functionality:

Enable up to 16 simultaneous views on single display.

Display size shall be 19-32”, Offeror shall specify dimensions.

System shall be configured to allow all telemetry packs and/or patient monitors networked in associated care area to be viewed on the central station and any central station client system associated with said central station.

Enables users of central station to rapidly view, adjust, and respond to alarms.

Include features that enable remote diagnostics, troubleshooting, and maintenance of equipment.

System shall permit the exchange of HL7 data with VISN 15 Clinical Information Systems.

Philips Central Station Client This equipment shall permit a user to view all networked monitors associated with the particular care area. This shall include, but not be limited to, a large high-quality display, software, mounts, UPS and all connections and accessories to accommodate the remote monitoring functionality. The equipment shall provide the following functionality:

This equipment shall permit a user to use the functionality of the central station associated with their care area.

System shall provide features that protect patient privacy.

Display size shall be 19-32”, Offeror shall specify dimensions.

Philips Bedside Monitors This equipment shall be mounted near the patient bedside in a manner that permits efficient workflow. These monitors shall include, but not be limited to, all connections and accessories to accommodate the following functionality:

Networked with the ability to view other monitors within network via patient monitor Shall include modular device for efficient patient transfer to various departments.

Shall include variable height, pivoting mount, and cable management solution.

Ability to dismount and use monitor in the event that portable monitoring is required.

10-15” Touch Screen Display, Offeror shall specify dimensions Shall include lithium ion batteries, Offeror shall specify battery life.

SpO2 Module Invasive & Non-Invasive Blood Pressure Monitoring Capnography monitoring enabled with cable sets Temperature Monitoring Enabled 12 Lead ECG Capability ST Monitoring Capability Multiple Lead Capability Ability to display up to 8 waveforms simultaneously, offeror shall state number of waves displayed.

Ability to display telemetry parameters through connection to telemetry transceiver

Philips Telemetry Wall Monitors These monitors will be used in the Med/Surg (Telemetry) care areas. This equipment will be mounted in 5W hallways. These monitors shall include, but not be limited to, all connections and accessories to accommodate the following functionality:

Ability to display telemetry parameters through a wireless or wired connection reflecting assigned telemetry patients in the 5W unit.

Ability to display up to 24 sectors of telemetry.

Philips Portable Monitor – MX550 This equipment shall be light weight, easy to carry, compact, and robust in design. These monitors will also be used in a variety of care areas. The monitors may also be also be used in transferring patients to and from care areas in the medical facility. These monitors shall include, but not be limited to, all connections and accessories to accommodate the following functionality:

Equipped with both a carrying handle and roll stand Enabled with various mounting options for effective transport Lightweight, Offeror shall specify weight.

Extended battery operation, Offeror shall specify battery life.

10-15” Screen for use as a main patient monitor in areas without mounted monitors, Offeror shall specify dimensions SpO2 Module Invasive & Non-Invasive Blood Pressure Monitoring Capnography enabled Temperature Monitoring Enabled 12 Lead ECG Capability Multiple Lead Capability Capable of associating with telemetry pack Capable of displaying up to four waveforms simultaneously

Philips Transport Monitor – X3 This equipment shall be light weight, easy to carry, compact, and robust in design. These monitors will be used in a variety of care areas. The monitors will be used in transferring patients to and from care areas in the medical facility and used in overflow situations within the ED. These monitors shall include, but not be limited to, all connections and accessories to accommodate the following functionality:

Carrying handle and hardware that shall allow the monitor to hook onto a bed or stretcher Lightweight, Offeror shall specify weight.

Extended battery operation.

SpO2 Module Invasive & Non-Invasive Blood Pressure Monitoring Capnography enabled Temperature Monitoring Enabled 12 Lead ECG Capability Multiple Lead Capability Capable of associating with telemetry pack Capable of displaying up to four waveforms simultaneously Design features that enable efficient physical transfer from department to department.

Design features that enable efficient data transfer from department to department.

Philips Remote Monitor The system should provide a remote monitor that shall display the same screen as what is on the Central Station. Offeror shall provide wall mounting hardware.

Display shall be at minimum a 20” LCD display up to 46”, Offeror shall specify dimensions.

Mounting hardware shall allow for manipulation of monitor

Cabling/Network Offeror will provide the following:

Turn-Key installation providing all hardware and accessories for a complete system, services shall include removal of current patient monitoring infrastructure. The cost of the removal of any existing systems shall be part of the installation and implementation costs in the Pricing/Cost Schedule below.

Completion of all testing and go live before demolishing any existing patient monitoring system’s infrastructure.

All cabling and accessories to provide a complete and functional system If contractor requires any cabling using the existing hospitals IT system, contractor is responsible for providing a turnkey installation of this cabling and any hardware associated with it.

All above ceiling cabling runs shall be tie-wrapped and placed in telephone/data trough, in a conduit, or properly routed through interstitial area per hospital facilities requirements and local electric codes.

All vertical runs shall be done with multistrand fiber.

Cables shall be bundled neatly and in a professional manner especially when cables converge at network hardware.

Cables shall be marked at each end indicating the termination point of the other end.

Cabling color shall match the currently installed monitoring network color.

Network cabling, terminations, and any patch panels used shall be CAT6 certified.

All cables shall be terminated TIA568A.

Any cable run through plenum space shall be plenum rated according to NEC and applicable fire codes.

All cable runs shall be tested and certified in accordance with TSB-67 and TIA/EIA 568-A or latest TIA/EIA Revisions.

If the network is on the WMTS network, it shall be a standalone network.

The Offeror shall provide a copy of all test results to the COR in electronic format that can be displayed and/or viewed.

Cable length shall be included in this report.

Documentation of the network shall also be provided and include a marked up drawing (as built) showing jacks, room locations, and wireless network area coverage in AutoCAD (if VA supplies AutoCAD drawings) and PDF formats.

Drawings that indicate the location of the monitoring devices will be provided for the Medical Center.

The system will be configured to view patients throughout the hospital or care areas.

Interface will be compliant with VA National interface standard.

All networking hardware shall be rack mounted in rooms designated by Facility Project Manager or COTR.

Philips HL7 Solution Offeror shall provide an HL7 interface solution allowing the exchange of data from point-of-care equipment through HL7 messaging to VISN 15s Clinical Information System (CIS) / Anesthesia Record Keeper (ARK) from Dräger Medical Version 6.0. The HL7 interface solution shall also be compatible with a Philips Tele- ICU solution (eICU) to be installed at Marion with future expansion to other hospitals in the VISN possible. HL7 should be obtained and sent at least every 1 minute. Offeror shall also provide an ADT interface solution.

ECG Waveforms and VistA Imaging Offeror’s solution shall allow for a method to preserve event monitor tracings into VistA Imaging. VAs will not be expected to print strips and send them to Medical Records. Offeror shall describe, in detail, how their solution accomplishes this task.

Full Disclosure Offeror’s solution shall allow for up to 96 hours Full Disclosure for reviewing physiological data.

Near Real-Time Remote Viewing Solution Offers shall provide a solution for near real time viewing of the patient monitor network. This solution shall enable remote viewing of patient monitors from the planned Central Tele-ICU Command Center Hub located at the Minneapolis VA, VISN 23 Health Care System, which is a Philips VISICU electronic ICU application. The current VISICU version is 3.8, but 3.9 will be going live in August of 2013.

Remote View for TeleICU Offeror’s solution shall use a web browser application that allows a remote user to view patient waveforms and HL7 data from a location outside of VISN 15 hospitals. Remote viewing must allow for an adjustable timeout to 12 hours and allow the user to view multiple patients at one time on a single screen. Offeror must provide proof that multiple patients can be viewed on a single monitor, if Offeror is chosen and cannot provide this feature, Offeror will be in breach of contract. Offeror will include in their bid, how remote viewing is provided, how long a timeout can be adjusted to, and how many patients can be viewed on a single screen at one time.

Windows 7 and Citrix Monitoring system will be compatible with Windows 10 (64 bit) PCs. System will also be configurable to work on the VA’s Citrix server via a terminal server connection.

Philips Clinical Training The successful Offeror will provide training for all shifts in care environments where patient monitors are installed. This will require more than one training session per shift, no more than three weeks prior to installation. Training would include initial setup and user training; onsite training for go-live support, super user training and follow-up training. Offeror shall detail training plan in proposal. On-line training and/or CD training materials to be made available at no additional charge.

Service Workstation The service workstation should permit maintenance professionals the ability to connect to the patient monitoring network to perform diagnostics, troubleshooting, and maintenance. This workstation should include remote connectivity to off-site, vendor supported diagnostic services.

Installation and Implementation Services The Offeror shall provide coordinated professional installation and implementation project management services to implement the system specified in the scope of work at all VA hospitals. This service shall include a site visit to confirm final configuration of mounts, modules and peripheral equipment. Installation meetings and related activities shall begin within one week of contract award. This service shall include removal of existing system and turnkey installation. Offeror shall provide a firm estimate of working days required from date of purchase order to go-live based on scope of work.

5. IntelliVue Telemetry Packs Requirements

The monitor shall allow for consistent and uninterrupted monitoring of the patient’s heart rhythm while in an inpatient status. This device shall provide continuous monitoring, allowing the freedom of movement for the patient regardless of the patient’s location.

The vendor will provide a service manual that includes theory of operation, maintenance requirements, repair information, schematics, part lists and troubleshooting information in electronic format for use by the VA Biomedical Engineering Department.

Date of manufacture must not be greater than 1 years before the purchase order date. The equipment must not be used or refurbished.

6. Delivery Location:

Department of Veterans Affairs Kansas City VA Medical Center 4801 East Linwood Boulevard Kansas City, MO 64128-2226

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE FOR INCLUSION INTO CONTRACTS

GENERAL

Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.

Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

To Include:

HPS Lithium Ion UPS HS1 PC Hardware with SSD New Hardware or OS RVC PIC Ixc

MPN: 866424-H3U-HVM

PSC: 6515

To include:

New Hardware or OS PRT Color Printer RVC PIC Ixc

MPN: 866424_PRT-1

PSC: 6515

MPN: 865053-V6

PSC: 6515

To include:

P02 PIIC iX 128 Beds License

MPN: 866186_P02_V02

PSC: 6515

MPN: 989803216591

PSC: 6515

To include:

Device Add/Update

MPN: MXU0130_A18-3

PSC: 6515

MPN: 989803208541-1

PSC: 6515

MPN: MXU0480

PSC: 6515

MPN: MXU0524

PSC: 6515

MPN: 989805710046

PSC: 6515

MPN: MXU0175-1

PSC: 6515

MPN: 989805710006

PSC: 6515

MPN: MXU0295

PSC: 6515

MPN: 989803207021

PSC: 6515

MPN: 989803207031

PSC: 6515

MPN: 989803206981-1

PSC: 6515

MPN: 989803206991-3

PSC: 6515

MPN: 989803207051-2

PSC: 6515

MPN: 989803207861

PSC: 6515

MPN: 989805710241

PSC: 6515

MPN: 989803209461-1

PSC: 6515

MPN: 989803208621

PSC: 6515

MPN: 989803206511

PSC: 6515

MPN: 989805710127

PSC: 6515

MPN: 989803208701-1

PSC: 6515

MPN: 989805710269-15

PSC: 6515

MPN: 989805710074

PSC: 6515

To include:

C01 Enhanced Arrhythmia S02 ECG + Fast Sp02 Enabled

MPN: 865350-1

PSC: 6515

MPN: 989803171851-1

PSC: 6515

MPN: 989803144371

PSC: 6515

MPN: 989803208681-1

PSC: 6515

Installation of Telemetry System

Telemetry Packs

B.4 DELIVERY SCHEDULE

Kansas City VA Medical Center 4801 E. Linwood Blvd Kansas City, MO 64812 2226

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 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 52.252-2 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.3 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.4 VAAR 852.211-70 EQUIPMENT OPERATION AND MAINTENANCE MANUALS (NOV 2018)

The Contractor shall follow standard commercial practices to furnish manual(s), handbook(s) or brochure(s) containing operation, installation, and maintenance instructions, including pictures or illustrations, schematics, and complete repair/test guides, as necessary, for technical medical equipment and devices, and/or other technical and mechanical equipment provided per CLIN(s) . The manuals, handbooks or brochures shall be provided in hard copy, soft copy or with electronic access instructions, consistent with standard industry practices for the equipment or device. Where applicable, the manuals, handbooks or brochures will include electrical data and connection diagrams for all utilities. The documentation shall also contain a complete list of all replaceable parts showing part number, name, and quantity required.

(End of Clause)

C.5 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023)

(a) No used, refurbished, or remanufactured supplies or equipment/parts shall be provided. This procurement is for new Original Equipment Manufacturer (OEM) items only. No gray market items shall be provided. Gray market items are OEM goods intentionally or unintentionally sold outside an authorized sales territory or sold by non-authorized dealers in an authorized sales territory.

(b) No counterfeit supplies or equipment/ parts shall be provided. Counterfeit items include unlawful or unauthorized reproductions, substitutions, or alterations that have been mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified item from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitutions include used items represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics.

(c) Vendor shall be an OEM, authorized dealer, authorized distributor, or authorized reseller for the proposed equipment/system, verified by an authorization letter or other documents from the OEM. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions.

(End of Clause) C.6 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

(a) Definition. for the Department of Veterans Affairs, ‘‘Service-disabled Veteran-owned small business concern or SDVOSB’’:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.201, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.

(2) The term ‘‘Service-disabled Veteran’’ means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term ‘‘small business concern owned and controlled by Veterans with service-connected disabilities’’ has the meaning given the term ‘‘small business concern owned and controlled by service-disabled veterans’’ under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)).

(5) The term “SDVOSB participant” or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102).

(b) General. In order for a concern to submit an offer and be eligible for the award of an SDVOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be listed as an SDVOSB participant in the SBA certification database as set forth…