36C25619Q1181-002.docx

36C25619Q1181

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT 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. 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

36C25619Q1181 07-26-2019

MARI GIBSON

318-466-2236 08-08-2019

5:00 PM CST

00502

ALEXANDRIA VA HEALTH CARE SYSTEM

NETWORK CONTRACTING OFFICE 16

ALEXANDRIA VA HEALTH CARE SYSTEM

PO BOX 69004

ALEXANDRIA

LA

71306-9004 X X 518210 $32.5 Million N/A X 00502

SEE SCHEDULE FOR DELIVERY INFORMATION

00502

DEPARTMENT OF VETERANS AFFAIRS

NETWORK CONTRACTING OFFICE 16

ALEXANDRIA VA HEALTH CARE SYSTEM

2495 SHREVEPORT HIGHWAY

PINEVILLE

LA

71360-4004

Department of Veterans Affairs Financial Services Center PO Box 149971 Austin

TX

78714 877-353-9791 512-460-5429 See CONTINUATION Page

THIS REQUEST FOR QUOTES FROM AVAILABLE AND VERIFIED SMALL

BUSINESS WHICH CAN PROVIDE A NAVIGATION TRACKING SYSTEM FOR

CANCER REGISTRY THAT CAN TRACK PATIENTS FROM ALL TUMOR/

CANCER SITES AND RECORD ONCOLOGY SPECIFIC INFORMATION TO

HELP NURSE NAVIGATORS BETTER MANAGE PATIENTS THROUGH THE

ENTIRE TREATMENT.

THIS REQUIREMENT HAS OPTIONS (BASE YR + 4 YEARS = 60 MONTHS)

SEE ENTIRE STATEMENT OF WORK (SOW) FOR ALL REQUIREMENTS

SEE EQUIPMENT LIST FOR ALL REQUIREMENTS (ITEMS) NEEDED FOR

REQUIREMENT. (BASE YEAR)

FOR ADMINISTRATIVE QUESTIONS: CONTACT mari.gibson@va.gov See CONTINUATION Page 629-3690160-106-824100-3131 010040175 X 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:

b. GOVERNMENT: Contracting Officer 36C256

ALEXANDRIA VA HEALTH CARE SYSTEM

NETWORK CONTRACTING OFFICE 16

ALEXANDRIA VA HEALTH CARE SYSTEM

PO BOX 69004

ALEXANDRIA LA 71306-9004

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 PO Box 149971 Austin TX 78714 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

Southeast Louisiana Veterans Health Care System Associate Director, Patient/Nursing Services STATEMENT OF WORK: Nurse Navigator Software with Cancer Registry

BACKGROUND: Nurse Patient Navigators are nurses that guide the Cancer Care patients through the continuum of the cancer treatment process starting at the time of diagnosis and going through into survivorship. They must schedule, track, organize, and report their interactions with veteran Cancer Care patients. Currently our navigators use inefficient tools such as Excel to track the Veterans’ multiple follow-up dates for patients in Cancer Care and then document in CPRS. It is time-consuming process prone to human error and without any interoperability between scheduling and documentation. Excel does not interoperate with a calendar nor does it provide any type of reminders to the Navigators. The program will be seeking accreditation in the near future from the Commission on Cancer to ensure that the treatment provided meets their standards which help ensure that our Veterans are getting the best evidence-based care available. In addition, the Cancer Care program must compete with the Greater New Orleans area and better tools are required to do this successfully.

OBJECTIVES: To obtain a navigation tracking system with cancer registry that can track patients from all tumor/cancer sites and record oncology specific information to help Nurse Navigators better manage patients through the entire continuum of care, including scheduling treatment plans, prompting follow-ups, tracking barriers to treatment. Improve the Cancer Care program’s ability to manage appointments, referrals and increase patient retention. All of which would be required to meet the standards of the Commission on Cancer’s accreditation program.

SCOPE:

Software must have:

· Customize templates to manage Disease Site Specific for improved workflow

· Customize fields and data sets specific to cancer care

· Ability to build customized library based on navigation program requirements

· Ability to create standardized workflows based on similar diagnoses

· Canned reports built into the system to track patient care and quality indicators

· Ability to allow the user to build ad-hoc reports as needed

· Utilize Academy of Oncology Nurse Navigator standards

· Manage the navigator calendar with the patient by day, week, or month that interfaces with the documentation tool

· Provide a Cancer Registry that is interoperative with the navigation program and allows for administrative reporting

· Registry to allow for conversion of standard NAACCR data items.

· Needs national and state reporting requirements.

· Preferably will Interface with Vista to gather ADT information using the HL7 Interface.

· Interface with additional sources to import pathology and radiology

· Import data from National American Association of Central Cancer Registries, (NAACCR)

· Have the capability to document genetic counseling

· Document compliance with the Commission on Cancer (COC) Navigation standards

· Standard 3.1 Patient Navigation Process

· Standard 3.2 Psychosocial Distress Screening

· Standard 3.3 Survivorship Care Plan

· Collect required information to generate survivorship care plans

· Microsoft Windows operating system greater than Windows 7 Server Pack 1.

· Allow users to enter treatment events and their associated dates.

· Alerts that are triggered when these tasks are found to be incomplete or missed.

· A variety of reports that describe the overall system performance for quality measurement, e.g. Timeliness of Care, Number of Cases, etc.

· Store the actual files securely in a secure server in the Southeast Louisiana Veterans Health Care System (SLVHCS)

· Ensure that no data goes beyond the VA firewall

· Store historical data

· Provide technical support at a minimum of daily by phone in CST and by E-mail 24 hours daily

· Protect against cyber threats and meet VA IT standards for software.

MAINTENANCE TASKS:

· Database support services

· System issues annual updates. Updates consist of new features and program enhancements.

· Handle routine help requests from the site.

· Assure the full operational status of the system hardware.

· Assure the full operational status of the system software.

· Handle required OS and server system software updates.

· Help manage the repair of any hardware malfunctions.

SETUP AND ACTIVATION:

To include:

· Newest release of the software

· Program CD to be shipped, made available on the FTP site with an install program and installation instructions.

· Expertise to accomplish the installation.

· Consultation service for implementation and system configuration

· Software maintenance and support (unlimited access to toll free line and web support, software updates and user workshops)

· Interface manager module – HL7 ADT or Flat File Interface

· Onsite training to end users prior to go-live

· Onsite training to administrative users prior to go-live

· Follow up with any required meetings or technical documentation.

· Establish data connection & do testing of the link.

· Perform site data evaluations.

· Supply site end users with User Manual and participate in training.

· Participate in site data validation of imaging reports and NLP results

EQUIPMENT DESIRED:

1. Quantity 8 - HP EliteOne 800G4 – All-in-one – 1X Core i7 8700/3.2GHz-RAM 8 GB – SSD 256 GB- NVMe, TLC -DVD-Writer-UHD Graphics 630 GIG#, Bluetooth 5.0 – WLAN: 802.11a/b/g/n/ac, Bluetooth

5.0 – Win 10 Pro 64-bit - -vPro – monitor: LED 23.8” 1920x 1080 (Full HD) touchscreen – keyboard: US – Smart Buy.

2. Quantity 8 – HP-DDR4 – 8 GB – SO-DIMM 260-pin – 2666 MHz / PC4-21300 – 1.2V-unbuffered non- ECC to be integrated into the workstation.

3. R640 SQL Server:

· PowerEdge R640 -PowerEdge R640 Server

· Motherboard - PowerEdge R640 Motherboard

· Chassis Configuration - 2.5 Chassis with up to 8 Hard Drives and 3PCIe slots, SATA (No PERC)

· Processor - Intel Xeon Bronze 3106 1.7G, 8C/8T, 9.6GT/s, 11M Cache, No Turbo, No HT (85W) DDR4-2133

· Additional Processor - Intel Xeon Bronze 3106 1.7G, 8C/8T, 9.6GT/s, 11M Cache, No Turbo, No HT (85W) DDR4-2133

· Standard Heatsink for 2 CPU Memory: 2666MT/s RDIMMs, Performance Optimized

· Memory Capacity - (2)x 16GB RDIMM, 2666MT/s, Dual Rank

· RAID Configuration - C20, No RAID with Embedded SATA for SATA HDDs or SATA SSDs (Mixed Drive Types Allowed)

· Hard Drives - (2) x 1TB 7.2K RPM SATA 6Gbps 512n 2.5in Hot-plug Hard Drive

· Boot Optimized Storage Cards - BOSS controller card + with 1 M.2 Sticks 240G (No RAID),LP

· Operating System - Windows Server 2019 Standard,16CORE,FI,No Med,No CAL, Multi Language

· Microsoft SQL Server - Microsoft SQL Server 2017 standard,OEM,Includes 5 Device CALs, NFI, ENGLISH

· Client Access Licenses - Microsoft SQL Server 2017 Standard, 5 Device CALs Only OEM, No Media, NFI

· Client Access Licenses 10-pack of Windows Server 2019 Device CALs

· OS Media Kits - Windows Server 2019 Standard,16CORE,Media Kit, Multi Language

· OS Media Kits - Windows Server 2019 Standard,No Media,WS2016 STD Downgrade Media, Multi Language

· Embedded Systems Management - iDRAC9 Enterprise with OME Server Configuration Management

· Group Manager - iDRAC Group Manager, Disabled

· Password - iDRAC,Factory Generated Password

· PCIe Riser - Riser Config 4, 2x16 LP

· Network Daughter Card - Broadcom 57416 2 Port 10Gb Base-T + 5720 2 Port 1Gb Base-T, rNDC

· Internal Optical Drive - DVD +/-RW, SATA, Internal

· Fans - 8 Standard Fans for R640

· Power Supply - Dual, Hot-plug, Redundant Power Supply (1+1), 750W

· Power Cords - (2) NEMA 5-15P to C13 Wall Plug, 125 Volt, 15 AMP, 10 Feet (3m), Power Cord, North America

· Bezel - Standard Bezel for x4 and x8 chassis

· Performance BIOS Setting

· Legacy BIOS Boot mode with GPT for Data Partition

· Rack Rails - ReadyRails Sliding Rails Without Cable Management Arm System Documentation - OpenManage DVD Kit,Poweredge R640 iDRAC Service Module - iDRAC Server Manager Enabled

· Hardware Support Services - 3 Years ProSupport with Next Business Day Onsite Service

· Deployment Services - No Installation

· Trusted Platform Module - No Trusted Platform Module

· Quick Sync 2 (At-the-box mgmt) No Quick Sync

· RAID/Internal Storage Controllers - No Controller

4. Additional R640 (NO SQL)

· PowerEdge R640 -PowerEdge R640 Server

· Motherboard - PowerEdge R640 Motherboard

· Chassis Configuration - 2.5' Chassis with up to 8 Hard Drives and 3PCIe slots, SATA (No PERC)

· Processor - Intel(R) Xeon(R) Bronze 3106 1.7G, 8C/8T, 9.6GT/s, 11M Cache, No Turbo, No HT (85W) DDR4-2133

· Additional Processor - Intel(R) Xeon(R) Bronze 3106 1.7G, 8C/8T, 9.6GT/s, 11M Cache, No Turbo, No HT

· (85W) DDR4-2133

· Standard Heatsink for 2 CPU

· Memory: 2666MT/s RDIMMs, Performance Optimized

· Memory Capacity - (2)x 16GB RDIMM, 2666MT/s, Dual Rank

· RAID Configuration - C20, No RAID with Embedded SATA for SATA HDDs or SATA SSDs (Mixed Drive Types Allowed)

· Hard Drives - (2) x 1TB 7.2K RPM SATA 6Gbps 512n 2.5in Hot-plug Hard Drive

· Boot Optimized Storage Cards - BOSS controller card + with 1 M.2 Sticks 240G (No RAID),LP

· Operating System - Windows Server(R) 2019 Standard,16CORE,FI,No Med,No CAL, Multi Language

· Client Access Licenses 10-pack of Windows Server 2019 Device CALs

· OS Media Kits - Windows Server(R) 2019 Standard,16CORE,Media Kit, Multi Language

· OS Media Kits - Windows Server(R) 2019 Standard,No Media,WS2016 STD Downgrade Media, Multi Language

· Embedded Systems Management - iDRAC9 Enterprise with OME Server Configuration Management

· Group Manager - iDRAC Group Manager, Disabled

· Password - iDRAC,Factory Generated Password

· PCIe Riser - Riser Config 4, 2x16 LP

· Network Daughter Card - Broadcom 57416 2 Port 10Gb Base-T + 5720 2 Port 1Gb Base-T, rNDC

· Internal Optical Drive - DVD +/-RW, SATA, Internal

· Fans - 8 Standard Fans for R640

· Power Supply - Dual, Hot-plug, Redundant Power Supply (1+1), 750W

· Power Cords - (2) NEMA 5-15P to C13 Wall Plug, 125 Volt, 15 AMP, 10 Feet (3m), Power Cord, North America

· Bezel - Standard Bezel for x4 and x8 chassis

· Performance BIOS Setting

· Legacy BIOS Boot mode with GPT for Data Partition

· Rack Rails - ReadyRails Sliding Rails Without Cable Management Arm System Documentation - OpenManage DVD Kit, Poweredge R640 iDRAC Service Module - iDRAC Server Manager Enabled

· Hardware Support Services - 3 Years ProSupport with Next Business Day Onsite Service.

· Deployment Services - No Installation

· Trusted Platform Module - No Trusted Platform Module

· Quick Sync 2 (At-the-box mgmt) No Quick Sync RAID/Internal Storage Controllers - No Controller

DEVELOPMENT SERVICES DESIRED:

· Provide development services for system enhancements where required for nominal hourly rate, e.g.:

· Create new system reports as required.

· Add other cancer types to the system.

· Provide other real-time data from VISTA if required.

SCHEDULE FOR DELIVERABLE

· 30 days after all data connections are established.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Base Year - "ONCOLOG CANCER REGISTRY SOFTWARE LICENSE & SUPPORT FOR SINGLE REPORTING FACILITYINCLUDED: NEWEST RELEASE OF ONCOLOG (4.3), DATA CONVERSION SERVICES - CONVERSION FROM EXISTING SYSTEM TO INCLUDE ALL STANDARD NAACCR DATA ELEMENTS, USER TRAINING (TWO 8-HOUR DAYS)*, ONCOLOG SOFTWARE MAINTENANCE AND SUPPORT. THIS INCLUDES UNLIMITED ACCESS TO TOLL FREE LINE AND WEB SUPPORT, USER MANUAL, AND ALL SOFTWARE UPDATES. INTERFACE MANAGER MODULE - HL7 ADT OR FLAT FILE INTERFACE TO BE INCLUDED" Contract Period: Base POP Begin: 09-01-2019 POP End: 09-01-2020

Base Year - "ONCONAV NURSE NAVIGATION SOFTWARE LICENSE & SUPPORT INCLUDED IN COST: NEWEST RELEASE OF ONCONAV, CONSULTATION SERVICES FOR IMPLEMENTATION AND SYSTEM CONFIGURATION. 5 CUSTOM CRYSTAL REPORTS FOR REPORT LIBRARY. SOFTWARE MAINTENANCE AND SUPPORT. THIS INCLUDES UNLIMITED ACCESS TO TOLL FREE LINE AND WEB SUPPORT, ALL ONCONAV SOFTWARE UPDATES AND USER WORKSHOPS. "

Base Year - QI MODULE (NAPBC QI)

Base Year - DEATHLOG (SSDI TOOL)

Base Year - Quantity one - " 1 R640 SQL Server:"

Base Year - Quantity 1 - An Additional R640 (No SQL)

Base Year - Quantity 8 - " HP EliteOne 800 G4 - All-in-one - 1 x Core i7 8700 / 3.2 GHz - RAM 8 GB - SSD 256 GB -NVMe, TLC - DVD-Writer - UHD Graphics 630 - GigE, Bluetooth 5.0 - WLAN:802.11a/b/g/n/ac, Bluetooth 5.0 - Win 10 Pro 64-bit - vPro - monitor: LED 23.8"" 1920 x1080 (Full HD) touchscreen - keyboard: US - Smart Buy Pentium III Compatible or higher Hard Drive with Single Desktop Screen, with wall mount."

Base Year - Onsite Training cost (We are required to pay for travel only.)

OPTION YEAR ONE

Contract Period: Option 1 POP Begin: 09-01-2020 POP End: 09-01-2021

OPTION YEAR TWO

Contract Period: Option 2 POP Begin: 09-01-2021 POP End: 09-01-2022

OPTION YEAR THREE

Contract Period: Option 3 POP Begin: 09-01-2022 POP End: 09-01-2023

OPTION YEAR FOUR

Contract Period: Option 4 POP Begin: 09-01-2023 POP End: 09-01-2024

B.3 DELIVERY SCHEDULE

2400 CANAL STREET

NEW ORLEANS, LA 70119

USA

1.00

1.00

1.00

1.00

1.00

8.00

1.00

1.00

1.00

1.00

1.00

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) 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 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 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within . Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

(End of Clause)

C.3 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009)

The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses or veteran-owned small businesses proposed as subcontractors in accordance with 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, or to substitute one or more service-disabled veteran-owned small businesses or veteran-owned small businesses for subcontract work of the same or similar value.

(End of Clause) C.4 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes FAR 52.219-6 Notice of Total Small Business Set-Aside.

(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.5 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.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

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

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(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; and

(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. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause)

C.7 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):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

(End of Addendum to 52.212-4)

C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAY 2019)

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

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

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(4) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

[] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

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

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109–282) (31 U.S.C. 6101 note).

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

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note).

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

[] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

[] (ii) Alternate I (NOV 2011) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (JAN 2011) of 52.219-4.

[] (13) [Reserved] [X] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

[] (ii) Alternate I (NOV 2011).

[] (iii) Alternate II (NOV 2011).

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

[] (ii) Alternate I (Oct 1995) of 52.219-7.

[] (iii) Alternate II (Mar 2004) of 52.219-7.

[] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219-9, Small Business Subcontracting Plan (AUG 2018) (15 U.S.C. 637(d)(4)).

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

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

[] (iv) Alternate III (JAN 2017) of 52.219-9.

[] (v) Alternate IV (AUG 2018) of 52.219-9.

[] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[] (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

[X] (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C 632(a)(2)).

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (DEC 2015) (15 U.S.C. 637(m)).

[] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) (15 U.S.C. 637(m)).

[] (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[X] (26) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2018) (E.O. 13126).

[X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (28)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (ii) Alternate I (FEB 1999) of 52.222-26.

[] (29)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

[] (ii) Alternate I (JULY 2014) of 52.222-35.

[X] (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

[] (ii) Alternate I (JULY 2014) of 52.222-36.

[] (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

[] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (33)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[] (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[] (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (36) 52.223-11,…