36C25621Q0684.docx

36C25621Q0684 Contract Opportunity Combined Synopsis/Solicitation Notice

PRODUCT SERVICE CODE

SUBJECT

CONTRACTING OFFICE'S

ZIP-CODE

SOLICITATION NUMBER

RESPONSE DATE/TIME/ZONE

ARCHIVE

DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS

SET-ASIDE

NAICS CODE

CONTRACTING OFFICE

ADDRESS

POINT OF CONTACT

(POC Information Automatically Filled from User Profile Unless Entered)

DESCRIPTION

See Attachment

AGENCY'S URL

URL DESCRIPTION

AGENCY CONTACT'S EMAIL

ADDRESS

EMAIL DESCRIPTION

ADDRESS

POSTAL CODE

COUNTRY

ADDITIONAL INFORMATION

GENERAL INFORMATION

PLACE OF PERFORMANCE

* = Required Field Contract Opportunity Combined Synopsis/Solicitation Notice N099 667-21-2-133-0096, Educational Conference Rooms Audio and Visual Update (VA-21-00041578) 39157 36C25621Q0684 04-09-2021

3PM

CENTRAL TIME, CHICAGO, USA

N 334310 Department of Veterans Affairs Network Contracting Office 16 715 S Pear Orchard Road Ridgeland, MS 39157 Contract Specialist Sharieka Shantay Wright sharieka.wright@va.gov 601-206-7051 Overton Brooks VA Medical Center 510 E Stoner Ave Shreveport, LA

71101

SEE BELOW SF1449

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 ATTA

CHED

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. SIGNAT

URE 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

36C25621Q0684 04-02-2021 Sharieka Shantay Wright 601-206-7051 04-09-2021

3PM

CDT

Department of Veterans Affairs Network Contracting Office 16 715 S Pear Orchard Road Ridgeland MS 39157 X X 334310 750 Employees N/A X Department of Veterans Affairs Shreveport VA Medical Center 510 E Stoner Avenue Shreveport LA 71101 10N16 Department of Veterans Affairs Network Contracting Office 16 715 South Pear Orchard Road Ridgeland MS 39157

Department of Veterans Affairs Financial Service Center PO Box 149971 Austin TX 78714 9971 See CONTINUATION Page This requirement is an SDVOSB set aside See requirement information below.

Audio and Visual System-Brand name or equal See CONTINUATION Page X Oney Kelly Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C256 Department of Veterans Affairs Network Contracting Office 16

715 S Pear Orchard Road Ridgeland MS 39157

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 Service Center PO Box 149971 Austin TX 78714 9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

***** Begin Word Document - ' SOW' *****

Overton Brooks VA Medical Center 510 East Stoner Ave, Shreveport, LA 71101 Project Title: Education Room/Director’s Conference Room Audio/Video Upgrade

STATEMENT OF WORK

1. GENERAL

1.1. The vendor shall provide all supervision, labor, material, tools and equipment to install the Audio and Visual items in the Education and Training Conference Rooms and Director’s Conference room located on the 2nd floor – rooms 2W 62 – 65 at the Overton Brooks VA Medical Center.

1.2. The contractor is responsible to patch and repair damage caused to adjacent areas as a result of their work.

2. STATEMENT OF WORK

2.1. Remove existing audio and visual fixtures/equipment and replace with new audio/visual equipment.

2.2. Connect all equipment existing electrical circuitry used for the fixture that was removed and provide new cabling for all new equipment.

2.3. Secure all equipment – Televisions, projectors, screens, audio hub and overhead speaker to the structure as needed above using the existing attachment wires.

2.4. All electrical work will be performed on de-energized circuits and coordinated with the facility electrical shop.

2.5. Provide final testing of all equipment to verify the units are operating as designed.

2.6. All work shall be completed during off hours. The rooms will remain operational during this time.

3. SUBMITTALS - None

4. CODE REQUIREMENTS

4.1. The VA will be responsible for obtaining necessary local agency approvals as required.

4.2. All work shall comply with all local, state, and federal rules and regulations. In the event of a code discrepancy the stricter of the ordinances shall prevail.

5. WARRANTIES

5.1. One-year warranty will begin from the date of project completion.

6. WORK SCHEDULE

6.1. Mobilization will only occur after all plans, submittals, and equipment are approved by the COR.

6.2. The work will be done in phases and during off hours. The rooms will continue to be operational during normal work hours if needed.

7. WORK LOCATION AND RESTRICTIONS

7.1. The work site location is in Overton Brooks VA Medical Center, Shreveport, LA

7.2. All work shall be performed between the hours of 7:00 pm and 7:00a due to COVID Vaccine Clinic use of all rooms.

8. PARKING

8.1. Parking is rigidly controlled throughout the Medical Center. Contractor parking is only allowed in authorized areas. Contractor shall abide by all police requirements. Parking in designated patient parking areas is strictly prohibited. Parking for unloading equipment necessary to perform the work will be authorized in advance of starting the project.

9. STORAGE OF EQUIPMENT & MATERIALS

9.1. The contractor shall arrange with the Project Manager for allocation of required workspace and for the storage of equipment and material to be used for this project. Storage space is very limited. There are no exclusive areas within the campus that can be given to the contractor for their storage needs.

9.2. The Contractor should schedule delivery of materials to limit the amount of storage space and time.

10. DEBRIS REMOVAL

10.1. Contractor shall remove waste materials and debris daily from the work area. All waste material and debris shall be removed off the site by the contractor and shall be disposed of in accordance with applicable State and Federal regulations. All recyclable materials shall be recycled, and weight tickets provided to the COR.

11. SITE UTILITIES

11.1. The Contractor shall note this scope of work does not detail all existing structures, utilities, or components that may potentially interfere with the contract work required. All proposed utility relocations, reallocations, and shutdowns shall be approved and coordinated prior to commencing such work. The contractor shall field verify all existing utility installations and take appropriate action prior to working around any potential utility installation.

12. PROJECT SAFETY

12.1. Contractor shall comply with the following and keep a copy of the attached-on site at all times:

12.1.1. OSHA

12.1.2. Interim Life Safety Measure Assessment (completed on site by phase)

12.1.3. Infection Control Risk Assessment (completed on site by phase)

12.1.4. Hot work Permits, required as needed

12.1.5. Confined Space Permits, required as needed

13. PENETRATIONS OF FIRE AND SMOKE BARRIERS

13.1. Prior to any installation of equipment, cables, power connections, conduit, piping or other work that penetrates a smoke or fire barrier, all such work shall be approved by the COR. A penetration permit must be secured from FMS prior to disturbing the integrity of the barrier. The permit shall be available for inspection at the project location. After the work is completed, the penetration shall be repaired (sealed) according to accepted practice and utilizing materials (including UL/FM-listed through penetration fire stopping materials) that meet the original barrier construction requirements in order to restore the designed specifications for smoke and fire compartmentalization. All penetrations and miscellaneous openings shall be protected according to NFPA 101, Chapter 8. Upon completion of any penetration repair, a visual inspection for approval must be requested from, and completed by the COR.

14. INTERIM LIFE SAFETY PROTECTION MEASURES

14.1. Contractor is not required to prepare a formal interim life safety measures plan for this project. At a minimum, contractor shall comply with the following requirements of an interim life safety measures and fire protection plan:

14.1.1. Maintain the construction area to minimize the potential for fire or safety hazards resulting from storage of construction material, construction waste and debris during construction operations.

15. PREVENTION OF FALSE FIRE ALARMS

15.1. Contractor shall comply with the requirements of MEDVAMC and as directed by the COR to prevent false fire alarms.

16. MATERIAL & WORKMANSHIP QUALITY

16.1. All materials and workmanship shall comply with all codes, standards, and recommendations of all Authorities Having Jurisdiction (AHJ). All work shall be done in a first class manner according to the best trade practices and to the satisfaction of the COR.

16.2. The vendor shall provide VA personnel with the necessary training to properly operate all provided equipment and systems. Additionally, the Contractor shall provide complete maintenance service support during the warranty period. All maintenance service shall be performed by factory trained, English speaking, technically qualified servicemen and shall be responsible for recording all work actions in the customer’s maintenance log book. Contractor’s warranty maintenance service support shall include all parts, service, labor, travel time, and expense to perform both preventive and corrective maintenance on the new turnkey installation.

17. SECURITY

17.1. All vendor personnel shall obtain a short-term identification badge issued by the VA. Such badge shall be worn by the individual and prominently displayed at all times while on VA property. No employee of the contractor shall enter the project site without a valid identification badge issued by the VA. In order to obtain a short-term identification badge, contractor personnel shall present to the COR a valid driver’s license.

17.2. All contractor personnel are subject to inspection of personal effects when entering or leaving the project site.

***** End Word Document - ' SOW' *****

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

CLIN 0001 CRESTON CONTROL PROCESSOR

LOCAL STOCK NUMBER: CP3N

CLIN 0001 CRESTON TOUCHSCREEN CONTROLLER

LOCAL STOCK NUMBER: IPAD WITH SOFTWARE

CLIN 0001 CRESTON WALLMOUNT CONTROLLER

LOCAL STOCK NUMBER: TSW-760-B-S

CLIN 0001 CRESTON MEDICA SWITCH

LOCAL STOCK NUMBER: CEN-SWPOE-16

CLIN 0002 BIAMP CONFERENCE SYSTEM DSP

LOCAL STOCK NUMBER: TESIRAFORTE AVB VT

CLIN 0002 BIAMP CELING MICROPHONE BASE WITH AMPLIFIER

LOCAL STOCK NUMBER: TCM-XA WHITE

CLIN 0002 BIAMP MICROPHONE EXPANSION

LOCAL STOCK NUMBER: TCM-XEX WHITE

CLIN 0002 BIAMP EXPANSION HUB

LOCAL STOCK NUMBER: TESIRA EX-UBT

CLIN 0002 BIAMP SYSTEM POWER HUB

LOCAL STOCK NUMBER: TESIRACONNECT TC-5

CLIN 0002 CRESTON VIDEO CONFERENCE INTERFACE

LOCAL STOCK NUMBER: N/A

CLIN 0002 SHURE WIRELESS MICROPHONE SYSTEM

LOCAL STOCK NUMBER: SLX58/84

CLIN 0002 BIAMP IN CELIING SPEAKERS

LOCAL STOCK NUMBER: C-IC6 WHITE

CLIN 0003 CRESTRON DIGITAL MEDIA SWITCHER

LOCAL STOCK NUMBER: DM-MD16X16

CLIN 0003 CRESTON DM POWER SUPPLY

LOCAL STOCK NUMBER: DM-PSU-16

CLIN 0003 CRESTON DM INPUT CARDS

LOCAL STOCK NUMBER: DMC-4K-C-HDCP2

CLIN 0003 CRESTON HDMI INPUT CARDS

LOCAL STOCK NUMBER: DMC-4K-HD-HDCP2

CLIN 0003 CRESTON DM OUTPUT CARDS

LOCAL STOCK NUMBER: DMC-4K-CO-HD-HDCP2

CLIN 0003 CRESTON HDMI OUTPUT CARD

LOCAL STOCK NUMBER: DMC-HDO

CLIN 0004 VIVITEK PROJECTOR (6,500L, HD, 16:10 FORMAT)

LOCAL STOCK NUMBER: DU7095Z-WH

CLIN 0004 VIVITEK PROJECTOR LENS (SHORT THROW - .7-1.1:1)

LOCAL STOCK NUMBER: 5811122742-SVV

CLIN 0004 CHIEF CEILING MOUNT

LOCAL STOCK NUMBER: DPAU

CLIN 0004 DRAPER SCREEN 137" ELECTRIC, 16:10, HIGH CONTRAST)

LOCAL STOCK NUMBER: 151105EG

CLIN 0004 CRESTON DIGITAL MEDIAL RECIEVER

LOCAL STOCK NUMBER: DM-RMC-4KZ-100-C

CLIN 0004 VADDIO VIDEO CONFERENCE CAMERA

LOCAL STOCK NUMBER: PRIMESHOT20

CLIN 0005 CRESTON ROOM COMPUTER HDMI & VGA

LOCAL STOCK NUMBER: DM-TX-302-4K-C

CLIN 0005 CRESTON GUEST INPUT HDMI & VGA

LOCAL STOCK NUMBER: DM-TX-200-C-2G-B-T

CLIN 0005 CRESTON GUEST INPUT HDMT & VGA

LOCAL STOCK NUMBER: DM-TX-101-C-2G-B-T

CLIN 0005 BARCO WIRELESS GUEST IMPUT USB

LOCAL STOCK NUMBER: CS-100

CLIN 0006 CRESTON TRANSPORT CABLES

LOCAL STOCK NUMBER: DM

CLIN 0005 MIDDLE ATLANTIC EQUIPMENT CABINET

CLIN 0006 FURMAN SURGE PROTECTION

CLIN 0006 WEST PENN AV NETWORK

CLIN 0006 C2G HDMI 5M

CLIN 0006 C2G HDMI 2M

CLIN 0006 DIRECT AUDIO

CLIN 0006 VADDIO USB

CLIN 0006 WEST PENN CRESTRON AUDIO INTERFACE

CLIN 0006 CRESTON CRESTRON CONTROL TOUCH SCREEN

CLIN 0006 WEST PENN MICROPHONE CABLES

CLIN 0006 ANCILLARY MATERIALS

CLIN 0007 LABOR FOR PARTITIONED CONFERENCE ROOM SYSTEM SOW

CLIN 0008 VIVITEK PROJECTOR (6,500l, HD, 16:10 FORMAT)

CLIN 0008 VIVITEK PROJECTOR LENS (SHORT THROW - .7-1.1:1)

CLIN 0008 CHIEF CEILING MOUNT

CLIN 0008 DRAPER- SCREEN (165" ELECTRIC, 16:10, HIGH CONTRAST)

LOCAL STOCK NUMBER: 155101

CLIN 0009 CRESTON - TRANSPORT CABLES

CLIN 0009 WEST-PENN AV NETWORK

CLIN 0009 VANCO HDMI 2M

CLIN 0009 CRESTON CRESTRON CONTROL (TOUCH SCREEN)

CLIN 0009 ANCILLARY MATERIALS

CLIN 0010 LABOR FOR MAIN CONFERENCE ROOM SYSTEM (ADDITIONAL PROJECTOR) SOW

CLIN 0011 CONTROL SYSTEM, CRESTON CONTROL PROCESSOR

LOCAL STOCK NUMBER: CP3N

CLIN 0011 CRESTON TOUCHSCREEN CONTROLLER

LOCAL STOCK NUMBER: IPAD-WITH SOFTWARE/DOCK

CLIN 0011 CRESTON WALLMOUNT CONTROLLER

LOCAL STOCK NUMBER: TSW-760-B-S

CLIN 0011 CRESTON MEDIA SWITCH

LOCAL STOCK NUMBER: CEN-SWPOE-5

CLIN 0011 FURMAN SURGE PROTECTION

CLIN 0012 BIAMP CONFERENCE SYSTEM DSP

LOCAL STOCK NUMBER: TESIRAFORTE AVB VT

CLIN 0012 BIAMP CEILING MICROPHONE BASE W/ AMPLIFIER

LOCAL STOCK NUMBER: TCM-XA WHITE

CLIN 0012 BIAMP MICROPHONE EXPANSION

LOCAL STOCK NUMBER: TCM-XEX WHITE

CLIN 0012 BIAMP EXPANSION HUB

LOCAL STOCK NUMBER: TESIRA EX-UBT

CLIN 0012 BIAMP SYSTEM POWER HUB

LOCAL STOCK NUMBER: TESIRACONNECT TC-5

CLIN 0012 CRESTON VIDEO CONFERENCE INTERFACE

CLIN 0012 SHURE WIRELESS MICROPHONE SYSTEM

LOCAL STOCK NUMBER: SLX58/84

CLIN 0012 BIAMP IN CEILING SPEAKERS

LOCAL STOCK NUMBER: C-IC6 WHITE

CLIN 0013 CRESTON DIGITAL MEDIA SWITCHER

LOCAL STOCK NUMBER: DM-MD8X8

CLIN 0013 CRESTON DM INPUT CARDS

LOCAL STOCK NUMBER: DMC-4K-C-HDCP2

CLIN 0013 CRESTON HDMI INPUT CARDS

LOCAL STOCK NUMBER: DMC-4K-HD-HDCP2

CLIN 0013 CRESTON DM OUTPUT CARDS

LOCAL STOCK NUMBER: DMC-4K4CO-HD-HDCP2

CLIN 0013 CRESTON DIGITAL MEDIA RECIEVER

LOCAL STOCK NUMBER: DM-RMC-4KZ-100-C

CLIN 0013 VADDIO VIDEO CONERENCE CAMERA

LOCAL STOCK NUMBER: PRIMESHOT20

CLIN 0014 VIVITEK PROJECTOR (6,500L, HD, 16:10 FORMAT)

CLIN 0014 VIVITEK PROJECTOR LENS (SHORT THROW .7-1.1:1)

CLIN 0014 CHIEF CEILING MOUNT

CLIN 0014 DRAPER SCREEN (137" ELECTRIC, 16:10, HIGH CONTRAST)

LOCAL STOCK NUMBER: 151105EG

CLIN 0014 LG SIDE VIDEO DISPLAYS

LOCAL STOCK NUMBER: UT640S

CLIN 0014 CHIEF TILTING WALL MOUNTS

LOCAL STOCK NUMBER: LTM1U

CLIN 0015 CRESTON ROOM COMPUTER (HDMI & VGA)

LOCAL STOCK NUMBER: DM-TX-302-4K-C

CLIN 0015 CRESTON GUEST INPUT (HDMI)

LOCAL STOCK NUMBER: DM-TX-201-C-2G-B-T

CLIN 0015 CREATON GUEST INPUT (HDMI & VGA)

LOCAL STOCK NUMBER: DM-TX-101-C-2G-B-T

CLIN 0015 BARCO WIRELESS GUEST INPUT (USB)

LOCAL STOCK NUMBER: CS-100

CLIN 0016 CRESTON TRANSPORT CABLES

CLIN 0016 WEST PENN AV NETWORK

CLIN 0016 VANCO HDMI 15M

CLIN 0016 C2G HDMI 5M

CLIN 0016 C2G HDMI 2M

CLIN 0016 DIRECT AUDIO

CLIN 0016 VADDIO USB

CLIN 0016 WEST PENN CRESTRON AUDIO INTERFACE

CLIN 0016 CRESTON CRESTRON CONTROL (TOUCH SCREEN)

CLIN 0016 WEST PENN MICROPHONE CABLES

CLIN 0016 ANCILLARY MATERIALS

CLIN 0017 LABOR FOR DIRECTOR CONFERENCE ROOM SYSTEM SOW

B.3 DELIVERY SCHEDULE

1.00

3.00

3.00

1.00

3.00

6.00

6.00

3.00

4.00

3.00

3.00

18.00

1.00

1.00

11.00

1.00

2.00

2.00

3.00

3.00

3.00

3.00

4.00

4.00

3.00

4.00

4.00

3.00

16.00

1.00

1.00

12.00

3.00

16.00

18.00

4.00

3.00

3.00

3.00

1.00

1.00

1.00

1.00

1.00

1.00

1.00

1.00

2.00

1.00

1.00

1.00

1.00

1.00

1.00

1.00

1.00

1.00

2.00

2.00

1.00

1.00

2.00

1.00

6.00

1.00

3.00

5.00

4.00

7.00

1.00

1.00

1.00

1.00

1.00

6.00

6.00

1.00

1.00

1.00

1.00

2.00

3.00

1.00

1.00

6.00

6.00

1.00

1.00

7.00

1.00

1.00

1.00

Page 1 of Page 1 of 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 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.] [] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[X] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[X] 852.233–70, Protest Content/Alternative Dispute Resolution.

[X] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[X] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

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

(a) This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned 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.4 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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.5 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021)

(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) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115–232).

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

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 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:

[X] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), 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 (JUN 2020) (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 (JUN 2020) (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. (JUN 2020) (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 (MAR 2020) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-4.

[] (13) [Reserved] [] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

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

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

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

[X] (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 (JUN 2020) (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 (JUN 2020) of 52.219–9.

[] (v) Alternate IV (JUN 2020) of 52.219–9.

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

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

[] (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (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)).

[X] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

[X] (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 2020) (15 U.S.C 632(a)(2)).

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

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (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 (MAR 2020) (15 U.S.C. 637(m)).

[] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[X] (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)) [] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[X] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

[X]…