36C25621Q1571.pdf

36C25621Q1571

Combined Synopsis/Solicitation 36C25621Q1571

Real Time Location System (Asset Management) - Expansion for the Department of Veterans

Affairs, VA Healthcare Systems following location sites; 1100 N. College Avenue, Fayetteville

AR 72703; 3015 South Connecticut Avenue, Joplin MO 64804; 319 E. Battlefield Road

Springfield, MO 65807.

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in the Federal Acquisition Regulation (FAR) subpart 12.6, in conjunction with FAR Part

13, Simplified Acquisition Procedures as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

The combined synopsis solicitation number is 36C25621Q1571. It is issued as a Request for

Quote. The Government anticipates awarding one-year firm-fixed price contract resulting from this solicitation. This document incorporates the clauses and provision in effect for the Federal

Acquisition Circular 2021-06/7-12-2021.

This requirement is solicited as a set-aside to Service-Disadvantage Veteran-Owned Small

Businesses under the North American Industry Classification System for 334111 (Electronic

Computer Manufacturing) with a size standard of 1,250 employees.

The contractor shall provide the following implementation of the Real Time Location System equipment and software for asset management tracking to all required sites listed. The contractor will also be required to provide service and maintenance for the system.

The items will be delivered to the VA Healthcare System multiple locations as listed in this combined synopsis/solicitation.

Quotes in response to this combined synopsis/solicitation are due before 4:00 P.M. Central

Standard Time (CST) on August 23, 2021. Quotes shall be submitted in writing and sent by email to EarlCi.Johnson@va.gov (Earl Johnson, Contract Specialist). The following must be in the subject line of the email “RFQ 36C25621Q1571 Real Time Location System - Expansion”.

Questions must be submitted before 4:00 P.M. (CST) on August 16, 2021. If questions are received, they will be posted with all questions and answers to the same announcement. All quotes shall remain valid for 120 calendar days.

Completing Quote for Submittal

Quoter must complete the Contract Administration and provide their company name, address, point of contact/their title, e-mail address, company telephone number. The person must have the authorization to obligate the company in this matter. Each line item of Section B.2 Price Cost

Schedule must be completed.

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

2018)

C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.3 52.216-21 REQUIREMENTS (OCT 1995)

C.4 52.217-7 OPTION FOR INCREASED QUANTITY—SEPARATELY PRICED LINE

ITEM (MAR 1989)

C.5 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.6 VAAR 852.212-72 GRAY MARKET AND COUNTERFEIT ITEMS (MAR 2020)

C.7 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.8 VAAR 852.237-75 KEY PERSONNEL (OCT 2019)

C.9 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 25

C.10 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

C.11 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

C.12 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021) (JUL 2020)

(DEVIATION)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JUL 2021) 36

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

E.4 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (FEB 2021) (JUL 2020) (DEVIATION)

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 Winston Graber

Department of Veterans Affairs

Southeast Louisiana Veterans HCS 1555 Poydras Street New Orleans LA 70112

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

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

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Upon delivery, inspection, and acceptance by the

Government.

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 Electronic Submission of Payment Request https://www.fsc.va.gov/einvoice.asp invoice must be submitted electronically

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

AMENDMENT NO DATE

STATEMENT OF WORK

VETERANS HEALTHCARE SYSTEM

OF THE OZARKS REAL TIME LOCATION

1. SCOPE OF WORK:

1.1. The purpose of this requirement is to expand our current RTLS system. This will require new installation of equipment, SOFTWARE, software licenses and a 2-year warranty at the following places of performance. Offeror to provide all supervision oversight and project management. All OSHA safety regulation pertaining to this project will be the responsibility of the vendor.

1. 1100 N. College Ave Fayetteville AR 72703

a. Biomedical Engineering, VHSO Building 21, room 1112-02

b. New Mental Health Building addition, Building 49

2. Joplin Community-Based Outpatient Clinic, 3015 South Connecticut Avenue

Joplin, MO 64804

3. Springfield Community-Based Outpatient Clinic 319 E. Battlefield Road

Springfield, MO 65807

Products and Services to be provided throughout the implementation.

• CenTrak Hardware: Virtual Walls

• Software: Connect Core & Connect Stream Upgrade

• Implementation Services:

o Survey & Design o Physical Install o Testing and Configuration o Software Install & Configuration o Project Management o Travel Related to above services o Infrastructure Battery refresh

• Annual System Maintenance Agreement

• Project Management across VA’s and contractors (sub-contractors, if applicable)

• Track all issues and incidents through electronic ticketing system (will be generated within 24 hours of acknowledgement by COR/or Contractor)

• Update accurate CADs of all buildings and floors in scope

• Update accurate space file for all buildings and floors in scope

• IT work ( servers, Cisco, disaster recovery, backups)

• Any incremental hardware, memory or system resources that may be necessary

• Direct coordination with all interested parties in project planning

• Existing interface between VISTA AEMS-MERS (or Maximo) and Infor

LBI

• Access to appropriate channels/networks to allow alerts, notifications, and other communications

2.0. REQUIRED EQUIPMENT INSTALL AND HARDWARE CONFIGURATION:

2.1. Installation at 1100 N College Ave, Fayetteville AR 72703

a. Biomedical Engineering Building 21 room 1112-02

1. ITDK-325G Virtual walls 10 EA

` 2. CNTRK-SW, CenTrak Connect Core software upgrade 1 EA

3. CNTRK-SW, CenTrak Connect Stream software upgrade 1 EA

4. Installation All Hardware and Software requirements

5. Any defective equipment will be replaced at no cost to the government the contractor.

Note: The above equipment and software are estimates.

b. New Mental Health Building 49

1. ITDK-325G Virtual Walls 10 EA

2. CNTRK-SW, CenTrak Connect Core software upgrade 1 EA

3. CNTRK-SW, CenTrak Connect Stream software upgrade1 EA

4. Create rendered maps for Building 1 Map

5. Installation All Hardware and Software requirements

6. Any defective equipment will be replaced at no cost to the government

2.2. Installation at Joplin Community-Based Outpatient Clinic 3015 South Connecticut

Avenue Joplin, MO 64804

1. ITDK-325G Virtual Walls 21 EA

2. CNTRK-SW, CenTrak Connect Core upgrade 1 EA

3. CNTRK-SW, CenTrak Connect Stream upgrade 1 EA

4. ITDK-318 DG MM MONITOR 1 EA

5. Installation All Hardware and Software requirements

6. Any defective equipment will be replaced at no cost to the government

Note: The above equipment and software are estimates.

2.3. Springfield Community-Based Outpatient Clinic 1850 West Republic Road,

1. ITDK-325G Virtual Walls 71 EA

2. CNTRK-SW, CenTrak Connect Core software upgrade 1 EA

3. CNTRK-SW, CenTrak Connect Stream software upgrade 1 EA

4. ITDK-318 DG MM MONITORS 2 EA

5. Installation All Hardware and Software requirements

6. Any defective equipment will be replaced at no cost to the government

3.0 SITE SURVEY, DESIGN, DELIVERY, AND SYSTEM TEST

3.1 Site survey all locations within 20 days of award

3.2 Deliver design to COR within 4 days after site survey

3.3 Installation and system startup due within 45 days of award

3.4 System test and deliver test report to COR.

3.5 Any delays in implementation/installation must be reported to the COR within 48 hours by email and will include a reschedule date. There will be no additional cost to the government.

3.6 Contractor will provide a sub-contracting plan to work being completed (if applicable)

4.0 SOFTWARE LICENSE AGREEMENT

4.1 Provide software license agreements

1. 1100 N College Ave Fayetteville AR 2 EA

2. 1850 W Republic Rd Springfield MO 2 EA

3. 3015 S Connecticut Ave Joplin MO 2 EA

5.0 SECURITY

5.1 COR will coordinate with all VA facilities listed for implementation/installation of equipment and software.

5.2 Contractor will provide COR/Contracting a list of all personnel that will be entering

VA Facilities two week prior to visits for installations.

5.3 COR will coordinate with IT and security to provide contractor personnel with access to VA Facilities to include the disbursement and collection of all badges.

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

5.5 Access to VA Information and VA Information Systems:

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

• All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA

Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

• Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by

Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of

Veterans Affairs does not have a Memorandum of Agreement with Defense Security

Service (DSS). Verification of a Security Clearance must be processed through the

Special Security Officer located in the Planning and National Security Service within the

Office of Operations, Security, and Preparedness.

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

• The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor’s employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

5.6 VA Information custodial language

• Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).

• VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor’s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA’s information is returned to the VA or destroyed in accordance with VA’s sanitization requirements. VA reserves the right to conduct onsite inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are following VA directive requirements.

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

6300.1 Records Management Procedures, applicable VA Records Control Schedules, and

VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA

Contracting Officer within 30 days of termination of the contract.

• The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations, and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

• The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed VA HANDBOOK

6500.6 APPENDIX C

• If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold.

6.0 WARRANTY

6.1 All labor, parts, materials, and batteries covered for 1-year period.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVIC

ES

QUANTIT

Y

UNI

T UNIT PRICE AMOUNT

1.00 EA ________________

ITS-4802 CenTrak - Mental Health Building 49 Connect Core & Connect Stream Upgrade; All equipment and software installation/maintenance for operation of system (Asset Tags, Monitors Virtual Walls/LF Exciters, Access Points, CenTrak Servers, Infor Software). Equipment & Software quantities are estimates.

5.00 MO ________________

ITM-1000 CenTrak - Building 49 Survey & Design, Physical Install, Testing & Configuration, Software Installation & Configuration, Infrastructure Batter Refresh. (Asset Tags, Monitors Virtual Walls/LF Exciters, Access Points, CenTrak

ITS-4802 CenTrak - Fayetteville VA Biomed Connect Core & Connect Stream Upgrade; All equipment and software installation/maintenance for operation. (Asset Tags, Monitors Virtual Walls/LF Exciters, Access Points, CenTrak Servers, Infor Software). Equipment & Software quantities are

ITM-1000 CenTrak - Fayetteville VA Biomend Survey & Design, Physical Install, Testing & Configuration, Software Instatllation & Configuration. (Asset Tags, Monitors Virtual Walls/LF Exciters, Access Points, CenTrak Servers, Infor Software). Equipment & Software quantities are estimates.

ITS-4802 CenTrak - Joplin CBOC Connect Core & Connect Stream Upgrade; All equipment and software installation/maintenance for operation of system. (Asset Tags, Monitors Virtual Walls/LF Exciters, Access Points, CenTrak

ITM-1000 CenTrak - Joplin CBOC Survey & Design, Physical Install, Testing & Configuration, Software Installation & Configuration. (Asset Tags, Monitors Virtual Walls/LF Exciters, Access Points, CenTrak Servers, Infor Software). Equipment & Software quantities are estimates.

ITM-3000 CenTrak - Joplin CBOC Software License & Product Maintenance Services (RTLS); All equipment and software installation/maintenance for operation of system. (Asset Tags, Monitors Virtual Walls/LF Exciters, Access Points, CenTrak

ITS-4802 CenTrak - Springfield CBOC Connect Core & Connect Stream Upgrade; All equipment and software installation/maintenance for operation of system. (Asset Tags, Monitors Virtual Walls/LF Exciters, Access Points, CenTrak

71.00 EA ________________

ITDK-325-G CenTrak - Springfield CBOC Virtual Walls; All equipment and software installation/maintenance for operation of system. (Asset Tags, Monitors Virtual Walls/LF Exciters, Access Points, CenTrak Servers, Infor Software). Equipment & Software quantities are estimates.

ITM-1000 CenTrak - Springfield CBOC Survey & Design, Physical Install, Testing & Configuration, Software Installation & Configuration, Infrastructure Battery Refresh. (Asset Tags, Monitors Virtual Walls/LF Exciters, Access Points, CenTrak

ITM-3000 CenTrak - Springfield CBOC Software License & Product Maintenance Services (RTLS); All equipment and software installation/maintenance for operation of system.

(Asset Tags, Monitors Virtual Walls/LF Exciters, Access Points, CenTrak Servers, Infor Software). Equipment & Software quantities are estimates.

LBA-CLN-AST Infor - All locations Licenses to extend the Fayetteville Asset Locating Software to the Joplin CBOC; All equipment and software installation/maintenance for operation of system.

INFR-IMPLM Infor - All Locations Implementation Services; All equipment and software installation/maintenance for operation of system.

INFR-MNT Infor - All Locations Software License & Maintenance Services

SCI-PS Project Management for all expansion locations.

GRAND TOTAL ________________

B.3 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY

DELIVERY

DATE

0001 SHIP TO: Department of Veterans Affairs VA Healthcare System of the Ozarks, Mental Health 1100 N. College Avenue Fayetteville, AR 72703

USA

1.00 10/30/2021

MARK

FOR:

Christi Kraker 479-443-4301 Ext. 65737 Christi.Kraker@va.gov

0002 SHIP TO: Department of Veterans Affairs VA Healthcare System of the Ozarks, Mental Health 1100 N. College Avenue

5.00 10/30/2021

FOR:

Christi Kraker

Christi.Kraker@va.gov

0003 SHIP TO: Department of Veteran Affairs VA Healthcare System of the Ozarks, Biomedical Eng 1100 N. College Avenue

FOR:

Christi Kraker

0004 SHIP TO: Department of Veterans Affairs

Ozarks, Biomedical Eng 1100 N. College Avenue

FOR:

Christi Kraker

0005 SHIP TO: Department of Veterans Affairs Joplin Community-Based Outpatient Clinic (CBOC) 3015 South Connecticut Avenue Joplin, MO 64804

FOR:

Christi Kraker

0006 SHIP TO: Department of Veterans Affairs

Clinic 3015 South Connecticut Avenue

FOR:

Christi Kraker

Christi.kraker@va.gov

0007 SHIP TO: Department of Veterans Affairs

Clinic 3015 South Connecticut Avenue

MARK

FOR:

Christi Kraker

0008 SHIP TO: Department of Veterans Affairs Springfield Community-Based Outpatient Clinic 319 E. Battlefield Road

FOR:

Christi Kraker

0009 SHIP TO: Department of Veterans Affairs

Outpatient Clinic 319 E. Battlefield Road

71.00 10/30/2021

FOR:

Christi Kraker

0010 SHIP TO: Department of Veterans Affairs

Outpatient Clinic 319 E. Battlefield Road

FOR:

Christi Kraker

0011 SHIP TO: Department of Veterans Affairs

Outpatient Clinic 319 E. Battlefield Road

FOR:

Christi Kraker

0012 SHIP TO: Department of Veterans Affairs

Ozarks 1100 N. College Avenue

FOR:

Christi Kraker

0013 SHIP TO: Department of Veterans Affairs All Locations Listed

FOR:

Christi Kraker

0014 SHIP TO: Department of Veterans Affairs All Locations Listed

FOR:

Christi Kraker

0015 SHIP TO: Department of Veterans Affairs All Location Sites Listed

FOR:

Christi Kraker

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 persons 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 points 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 52.252-2 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)

FAR

Number

Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.227-14 RIGHTS IN DATA—GENERAL MAY 2014

52.227-16 ADDITIONAL DATA REQUIREMENTS JUN 1987

52.227-19 COMMERCIAL COMPUTER SOFTWARE LICENSE DEC 2007

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

DEC 2013

C.3 52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a requirement contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The

Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the

Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after 1-year.

(End of Clause)

C.4 52.217-7 OPTION FOR INCREASED QUANTITY—SEPARATELY PRICED

LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting

Officer may exercise the option by written notice to the Contractor within 5 Days. Delivery of added items shall continue at the same rate that like items are called for under the contract unless the parties otherwise agree.

(End of Clause)

C.5 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.

[X] 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.

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

[] 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.

[X] 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.6 VAAR 852.212-72 GRAY MARKET AND COUNTERFEIT ITEMS (MAR

2020)

(a) No used, refurbished, or remanufactured supplies or equipment/parts shall be provided.

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

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

(c) Vendor shall be an OEM, authorized dealer, authorized distributor, or authorized reseller for the proposed equipment/system, verified by an authorization letter or other documents from the

OEM. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions.

(End of Clause)

C.7 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.8 VAAR 852.237-75 KEY PERSONNEL (OCT 2019)

The key personnel specified in this contract are considered to be essential to work performance. At least 30 days prior to the Contractor voluntarily diverting any of the specified individuals to other programs or contracts the Contractor shall notify the Contracting Officer and shall submit a justification for the diversion or replacement and a request to replace the individual. The request must identify the proposed replacement and provide an explanation of how the replacement’s skills, experience, and credentials meet or exceed the requirements of the contract. If the employee of the Contractor is terminated for cause or separates from the contractor voluntarily with less than thirty days notice, the Contractor shall provide the maximum notice practicable under the circumstances. The Contractor shall not divert, replace, or announce any such change to key personnel without the written consent of the Contracting

Officer. The contract will be modified to add or delete key personnel as necessary to reflect the agreement of the parties.

(End of Clause)

C.9 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT

2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer

(ACO) for the purpose of performing certain tasks/duties in the administration of the contract.

Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of Clause)

C.10 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

(a) Supplies and equipment. Rejected goods will be held subject to Contractor’s order for not more than 15 days, after which the rejected merchandise will be returned to the Contractor’s address at the Contractor’s risk and expense. Expenses incident to the examination and testing of materials or supplies that have been rejected will be charged to the Contractor.

(b) Perishable supplies. The Contractor shall remove rejected perishable supplies within 48 hours after notice of rejection. Supplies determined to be unfit for human consumption will not be removed without permission of the local health authorities. Supplies not removed within the allowed time may be destroyed. The Department of Veterans Affairs will not be responsible for, nor pay for, products rejected. The Contractor will be liable for costs incident to examination of rejected products.

(End of Clause)

C.11 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

Shipment of deliverable items, other than reports, shall be to:

See Delivery Schedule…