36C25621Q1575 _ Additional Requirements.pdf

Combined Synopsis/Solicitation 36C25621Q1575 – Patient Monitor Equipment, Installation and Training for the Michael

E. DeBakey VA Medical Center located in Houston, Texas.

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal

Acquisition Regulation (FAR) subpart 12.6, in conjunction with FAR Part 13.5, Simplified Procedures for Certain

Commercial Items 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.

2. The combined synopsis solicitation number is 36C25621Q1575. It is issued as a Request for Quote. The Government anticipates awarding one firm-fixed price contract resulting from this solicitation.

3. Solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular

2021-06 (effective 7/12/2021).

4. This requirement is solicited unrestricted under full and open competition. The North American Industry Classification

System number is 339112 with a size standard of 1,000 employees.

5. The Contractor shall furnish all labor, materials, parts, equipment, tools, transportation, and calibration to provide patient monitoring system to the Michael E DeBakey Veterans Affairs Medical Center located at 2002 Holcombe

Boulevard in Houston, Texas 77030. The Contractor shall provide all necessary services including setup, configuration, database transfer and installation to get the specified equipment working properly. The Contractor shall provide all necessary training to the designated Veteran’s Affairs employees on how to use the product after the delivery and setup are complete. The contract shall be firm-fixed price. All equipment shall be new. The contractor shall not provide refurbished or used equipment. Wage Determination 2015-5233 (Revision 18 dated 7/21/2021) applies to this requirement.

6. Place of Performance:

Michael E. DeBakey VA Medical Center

2002 Holcombe Boulevard, Building 100

Houston, Texas 77030

7. Period of Performance:

All work shall be completed within 60 days from the effective date of contract award.

8. A complete description of the services to be acquired, and/or applicable Government need(s) are as follows:

See Attached 36C25621Q1575 - Additional Requirements

Contracting Office:

Department of Veterans Affairs

Regional Procurement Office Central

Network Contracting Office (NCO) -16

2002 Holcombe Blvd., Bldg. 100

Houston, Texas

Contracting Officer:

Orlando Whitaker

Point of Contact (POC) Information:

Email: Orlando.Whitaker@va.gov

Quotes in response to this combined synopsis/solicitation are due at 1:00 PM Central Standard Time (CST), September 22, 2021. Quotes shall be submitted in writing and sent via email to orlando.whitaker@va.gov. Please insert “RFQ 36C25621Q1575 – Patient Monitors” in the subject line of your email. Questions regarding this solicitation shall be submitted via email to Contracting Officer, Orlando Whitaker at Orlando.Whitaker@va.gov no later mailto:Orlando.Whitaker@va.gov mailto:orlando.whitaker@va.gov mailto:Orlando.Whitaker@va.gov than 11:00AM CST on September 20, 2021. If questions are received, all responses will be posted with all questions and answers to the same announcement.

COMPLETING A QUOTE FOR SUBMITTAL

a. The Quoter shall complete Contract Administration and provide the name, title, address, email address and telephone number of the company/division point of contact regarding business decisions made with respect to the quote and who can contractually obligate the company. The quoter shall identify those individuals authorized to negotiate with the

Government.

b. See Section B.1, Price Cost Schedule. Pricing for each CLIN must be submitted in the proper format. The proper format consists of QUANTITY *UNIT PRICE = AMOUNT/NET AMOUNT. In the event there is a discrepancy in the calculation, the UNIT PRICE will be held to the intended price multiplied by the QUANTITY. If the quoter shows only the AMOUNT/NET AMOUNT, but fails to enter a UNIT PRICE, the AMOUNT/NET AMOUNT divided by the

QUANTITY will be held to be the intended price.

d. The provision at FAR 52.212-1, Addendum to Instructions to Quoters-Commercial, applies to this acquisition.

e. The provision at FAR 52.212-2, Addendum Evaluation-Commercial Items applies to this acquisition. See FAR 52.212-

2 Addendum for additional information.

f. All delivery of items and services shall be performed in accordance with the Statement of Work and 36C25621Q1575

Additional Requirements.

g. See FAR Clause 52.212-2 Addendum for basis for award.

h. All quotes shall remain valid for 45 calendar days.

Attachments(s):

1. Combined Synopsis/Solicitation

2. 36C25621Q1575 – Additional Requirements

3. Attachment 1 –Wage Determination

36C25621Q1575

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

Michael E. DeBakey VA Medical Center

2002 Holcombe BLVD

Houston TX 77030 4298

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] In accordance with Section B

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.

FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp

Invoice Setup Information 1-877-489-6135 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

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVICE

S

QUANTIT

Y

UNI

T UNIT PRICE AMOUNT

24.00 EA _________________

Xprezzon monitor

MANUFACTURER PART NUMBER (MPN): 91393

LOCAL STOCK NUMBER: 91393

Xprezzon base

MANUFACTURER PART NUMBER (MPN): 91393-A

LOCAL STOCK NUMBER: 91393-A

Eight Waveforms

MANUFACTURER PART NUMBER (MPN): 91393-08

LOCAL STOCK NUMBER: 91393-08

Invasive/Cardiac Output Parameter Set

MANUFACTURER PART NUMBER (MPN): 91496-C

LOCAL STOCK NUMBER: 91496-C

Nellcor SpO2

MANUFACTURER PART NUMBER (MPN): 91496-N

LOCAL STOCK NUMBER: 91496-N

2.00 EA _________________

Xhibit central station, 28 bed bundle

MANUFACTURER PART NUMBER (MPN): 96102-28

LOCAL STOCK NUMBER: 96102-28

19in Premium XPREZZON display with integrated high resolution front

& rear LED alarm lights & ambient light dimming sensor

MANUFACTURER PART NUMBER (MPN): 94267-19

LOCAL STOCK NUMBER: 94267-19

Printer, Laserjet, HP, M506N, 110V**

MANUFACTURER PART NUMBER (MPN): 010-1971-01

LOCAL STOCK NUMBER: 010-1971-01

USB Cable A-Male to B-Male 2.0, 6ft**

MANUFACTURER PART NUMBER (MPN): 010-1863-00

LOCAL STOCK NUMBER: 010-1863-00

Additional Week of Clinical Education Project Management. Includes 3 consecutive days of onsite support. Up to 7 hours of class time per day, between the hours of 8 A.M. and 8 P.M. Required for units with >50 users to train and/or >11 beds.

MANUFACTURER PART NUMBER (MPN): 999-0222-52

LOCAL STOCK NUMBER: 999-0222-52

M-Series Arm, Backpack, 12 in

MANUFACTURER PART NUMBER (MPN): 016-0888-01

LOCAL STOCK NUMBER: 016-0888-01

KIT, BRACKET, BKPK, 91393

MANUFACTURER PART NUMBER (MPN): 016-0899-00

LOCAL STOCK NUMBER: 016-0899-00

48.00 EA _________________

Power Supply Holster, Wall Mounted

MANUFACTURER PART NUMBER (MPN): 016-0863-00

LOCAL STOCK NUMBER: 016-0863-00

Crossmember for mounting power supply holsters side by side

MANUFACTURER PART NUMBER (MPN): 016-0512-00

LOCAL STOCK NUMBER: 016-0512-00

20 inch Display Alarm Cable**

MANUFACTURER PART NUMBER (MPN): 012-0887-02

LOCAL STOCK NUMBER: 012-0887-02

16 INCH DVI CABLE

MANUFACTURER PART NUMBER (MPN): 012-0893-01

LOCAL STOCK NUMBER: 012-0893-01

12 inch Touch Screen Cable**

MANUFACTURER PART NUMBER (MPN): 012-0894-01

LOCAL STOCK NUMBER: 012-0894-01

KIT, DISPLAY HANDLE, 94267

MANUFACTURER PART NUMBER (MPN): 016-0884-00

LOCAL STOCK NUMBER: 016-0884-00

Hook, dual (undermount), arctic white

MANUFACTURER PART NUMBER (MPN): 016-0866-00

LOCAL STOCK NUMBER: 016-0866-00

ECG combiner cable, 5+5-Lead Spacelabs monitors, AAMI**

MANUFACTURER PART NUMBER (MPN): 700-0008-56

LOCAL STOCK NUMBER: 700-0008-56

ECG combiner lead wire set, 5L, multi-pinch, AAMI, 130cm/51 in**

MANUFACTURER PART NUMBER (MPN): 700-0010-01

LOCAL STOCK NUMBER: 700-0010-01

ECG combiner lead wire set, 5L, multi-pinch, AAMI, 130cm/51 in**

MANUFACTURER PART NUMBER (MPN): 700-0010-02

LOCAL STOCK NUMBER: 700-0010-02

Nellcor OxiMax DS-100A finger sensor, adult

MANUFACTURER PART NUMBER (MPN): 690-0003-01

LOCAL STOCK NUMBER: 690-0003-01

BP hose, single tube, adult

MANUFACTURER PART NUMBER (MPN): 714-0018-00

LOCAL STOCK NUMBER: 714-0018-00

BP cuff, TruLink nylon, 1T, adult, 26-36cm, HP

MANUFACTURER PART NUMBER (MPN): 715-1141-10

LOCAL STOCK NUMBER: 715-1141-10

INVBP integrated adapter cable, Edwards Lifesciences, dual pressure

MANUFACTURER PART NUMBER (MPN): 700-0292-01

LOCAL STOCK NUMBER: 700-0292-01

TruLink cardiac output adapter cable**

MANUFACTURER PART NUMBER (MPN): 700-0027-00

LOCAL STOCK NUMBER: 700-0027-00

Cardiac output cable, Baxter/Edwards/Abbott

MANUFACTURER PART NUMBER (MPN): 306655-003

LOCAL STOCK NUMBER: 306655-003

CO2 airway adapter, mainstream, 92517, adult/pediatric, 25/bx

MANUFACTURER PART NUMBER (MPN): 704-0173-00

LOCAL STOCK NUMBER: 704-0173-00

CO2 mainstream sensor, 92517

MANUFACTURER PART NUMBER (MPN): 010-1980-00

LOCAL STOCK NUMBER: 010-1980-00

CO2 Nomoline adapter, sidestream, FLL, multi-use, 25/bx

MANUFACTURER PART NUMBER (MPN): 103-0234-00

LOCAL STOCK NUMBER: 103-0234-00

CO2 oral/nasal cannula w/O2 delivery, MLL, adult, 2.1m/7 ft, 25/cs**

MANUFACTURER PART NUMBER (MPN): 704-0183-00

LOCAL STOCK NUMBER: 704-0183-00

Nellcor OxiMax sensor adapter cable**

MANUFACTURER PART NUMBER (MPN): 700-0792-00

LOCAL STOCK NUMBER: 700-0792-00

Capnography Module, base unit

MANUFACTURER PART NUMBER (MPN): 92517-A

LOCAL STOCK NUMBER: 92517-A

4.00 EA _________________

qube Compact Monitor, base unit

MANUFACTURER PART NUMBER (MPN): 91390-A

LOCAL STOCK NUMBER: 91390-A

Wireless (802.11 a/b/g)

MANUFACTURER PART NUMBER (MPN): 91390-P

LOCAL STOCK NUMBER: 91390-P

Invasive Parameter Set

MANUFACTURER PART NUMBER (MPN): 91496-B

LOCAL STOCK NUMBER: 91496-B

Nellcor SpO2

MANUFACTURER PART NUMBER (MPN): 91496-N

LOCAL STOCK NUMBER: 91496-N

Capnography Pod, base unit

MANUFACTURER PART NUMBER (MPN): 92516-A

LOCAL STOCK NUMBER: 92516-A

ECG combiner cable, 5-Lead Spacelabs monitors, AAMI**

MANUFACTURER PART NUMBER (MPN): 700-0008-57

LOCAL STOCK NUMBER: 700-0008-57

ECG combiner lead wire set, 5L, multi-pinch, AAMI, 130cm/51 in**

Nellcor OxiMax DS-100A finger sensor, adult

MANUFACTURER PART NUMBER (MPN): 690-0003-01

LOCAL STOCK NUMBER: 690-0003-01

CO2 Nomoline adapter, sidestream, FLL, multi-use, 25/bx

MANUFACTURER PART NUMBER (MPN): 103-0234-00

LOCAL STOCK NUMBER: 103-0234-00

CO2 oral/nasal cannula w/O2 delivery, MLL, adult, 2.1m/7 ft, 25/cs**

MANUFACTURER PART NUMBER (MPN): 704-0183-00

LOCAL STOCK NUMBER: 704-0183-00

Masimo RD SET SpO2 Cable, 12 ft.

MANUFACTURER PART NUMBER (MPN): 010-1649-00

LOCAL STOCK NUMBER: 010-1649-00

1.00 EA _________________

Project Management: Manage all aspects of the equipment, technology, clinical workflow, and go-live activities from the initial project kickoff to project closure utilizing the 5 stages of the Project Management Process.

MANUFACTURER PART NUMBER (MPN): 999-1510-13

LOCAL STOCK NUMBER: 999-1510-13

Enhanced Software Support with cybersecurity support, price per year per

Telemetry channel.

MANUFACTURER PART NUMBER (MPN): 999-1898-23

LOCAL STOCK NUMBER: 999-1898-23

Serial cable for PDL * 9 pin to 9 pin connector, male to male

MANUFACTURER PART NUMBER (MPN): 012-0395-00

LOCAL STOCK NUMBER: 012-0395-00

Adapter null modem 9m to9f

MANUFACTURER PART NUMBER (MPN): 131-1588-00

LOCAL STOCK NUMBER: 131-1588-00

6.00 EA _________________

Xhibit display, 22" high resolution touchscreen

MANUFACTURER PART NUMBER (MPN): 011-0241-01

LOCAL STOCK NUMBER: 011-0241-01

52.00 EA _________________

Power Cord, North America, 3 ft, 120V, 10A

MANUFACTURER PART NUMBER (MPN): 161-0246-00

LOCAL STOCK NUMBER: 161-0246-00

Installation 999-9999-97 Ultraview SL Network Operations Manual, CD-

ROM, English Patient Monitoring Service Manual, CD-ROM

MANUFACTURER PART NUMBER (MPN): 084-0700-03

LOCAL STOCK NUMBER: 084-0700-03

English Language 92516-1 Capnography Pod 92516 Varitrend 4 91496-V

ST Segment Analysis 91496-S Adult/Neonatal Respiration 91496-R

Advanced Multiview Arrhythmia (MVII) 91496-H English Language

91496-1 Ultraview SL Command Module 91496

MANUFACTURER PART NUMBER (MPN): 91496

LOCAL STOCK NUMBER: 91496

Full Bed Review 91390-W Full View 91390-V Patient Data Logger (PDL)

91390-R Data Shuttle 91390-Q Vital Signs Calculations 91390-N

Perioperative 91390-D Six Waveforms 91390-06 English Language

91390-1 qube Compact Monitor 91390

MANUFACTURER PART NUMBER (MPN): 91390

LOCAL STOCK NUMBER: 91390

56.00 EA _________________

Single patient license for Xhibit central station

MANUFACTURER PART NUMBER (MPN): 910-6102-01

LOCAL STOCK NUMBER: 910-6102-01

Advanced Multiview Arrhythmia (MVII)

MANUFACTURER PART NUMBER (MPN): 91496-H

LOCAL STOCK NUMBER: 91496-H

GI 1 Roll Stand for 91389/91331/91330

MANUFACTURER PART NUMBER (MPN): 0016-0823

LOCAL STOCK NUMBER: 0016-0823

GI 2 Roll Stand Mounting Kit for 91389/91331/91330 External Power

MANUFACTURER PART NUMBER (MPN): 016-0827

LOCAL STOCK NUMBER: 016-0827

GI - Mounting adapter, Qube Mini, 91389

MANUFACTURER PART NUMBER (MPN): SL-0087-16

LOCAL STOCK NUMBER: SL-0087-16

GI CAPNOGRAPHY POD

MANUFACTURER PART NUMBER (MPN): 92516

LOCAL STOCK NUMBER: 92516

GI - ENGLISH MANUAL

MANUFACTURER PART NUMBER (MPN): 92516-1

LOCAL STOCK NUMBER: 92516-1

GI 0 CAPNOGRAPHY POD, BASE UNIT

MANUFACTURER PART NUMBER (MPN): 62516-A

LOCAL STOCK NUMBER: 62516-A

GI - Basic CEC Support. Includes 3 consecutive days of customized clinical onsite training (workflow process development, alarm management, eLearning administration). Up to 7 hours of class time per day, between the hours of 8 A.M. and 8 P.M.

MANUFACTURER PART NUMBER (MPN): 999-0222-51

LOCAL STOCK NUMBER: 999-0222-51

DEPOT SUPPORT PLAN

MANUFACTURER PART NUMBER (MPN): 999-9999-42

LOCAL STOCK NUMBER: 999-9999-42

GI - ECG combiner cable, 5-Lead Spacelabs

MANUFACTURER PART NUMBER (MPN): 700-0008-57

LOCAL STOCK NUMBER: 700-0008-57

GI - ECG combiner lead wire set, 5L, multi-pinch, AAMI, 130cm/51 in**

GI - Nellcor OxiMax DS-100A finger sensor, adult

MANUFACTURER PART NUMBER (MPN): 690-0030-01

LOCAL STOCK NUMBER: 690-0030-01

GI - BP hose, single tube, adult

MANUFACTURER PART NUMBER (MPN): 714-0018

LOCAL STOCK NUMBER: 714-0018

GI - BP cuff, TruLink nylon, 1T, adult, MANUFACTURER PART NUMBER (MPN): 715-1141-10

LOCAL STOCK NUMBER: 715-1141-10

GI - CO2 airway adapter, mainstream, 92517, adult/pediatric, 25/bx

MANUFACTURER PART NUMBER (MPN): 704-0173

LOCAL STOCK NUMBER: 704-0173

GI - CO2 MAINSTREAM SENSOR, 92517

MANUFACTURER PART NUMBER (MPN): 010-1980

LOCAL STOCK NUMBER: 010-1980

GI - CO2 Nomoline adapter, sidestream, FLL, multi-use, 25/bx

MANUFACTURER PART NUMBER (MPN): 103-0234

LOCAL STOCK NUMBER: 103-0234

GI - CO2 oral/nasal cannula w/O2 delivery, MLL, adult, 2.1m/7 ft, 25/cs**

MANUFACTURER PART NUMBER (MPN): 704-0183

LOCAL STOCK NUMBER: 704-0183

GI - Nellcor OxiMax sensor adapter cable

MANUFACTURER PART NUMBER (MPN): 700-0792

LOCAL STOCK NUMBER: 700-0792

GI - Qube Mini Shuttle bundle: High Res 8in disp (6 trace, 18 parameter)

& C Module. Advanced data shuttle, ruggedized transport-ready, integrated pole mount. Exergen Temp & CapnoPod ready w/integrated

Wi-Fi. Limited time offer, contact sales rep for details.

MANUFACTURER PART NUMBER (MPN): 999-1389-02

LOCAL STOCK NUMBER: 999-1389-02

GI 91389 Qube Mini Transport Monitor 91389-A Qube Mini, base unit 91389-06 Six Waveforms

91389-Q Data Shuttle 91389-R Patient Data Logger (PDL)

91389-V Full View

MANUFACTURER PART NUMBER (MPN): 91389

LOCAL STOCK NUMBER: 91389

GI - 91389-W FULL BED REVIEW 91389-P 28 WIRELESS

MANUFACTURER PART NUMBER (MPN): 91389

LOCAL STOCK NUMBER: 91389

GI - ULTRAVIEW SL COMMAND MODULE

MANUFACTURER PART NUMBER (MPN): 91496

LOCAL STOCK NUMBER: 91496

GI - 3, 5 or 12 lead ECG w/interpretation & reasoning statement, advanced event based arrhythmia, Multi-lead ST, four invasive pressures, cardiac output, Nellcor SpO2 technology, Non-Invasive Blood Pressure & temp from Neonatal to Adult.

MANUFACTURER PART NUMBER (MPN): 91496-CDHNRSV

LOCAL STOCK NUMBER: 91496-CDHNRSV

GI - PATIENT MONITORING SERVICE MANUAL - CD-ROM

ULTRAVIEW SL NETWORK OPERATIONS MANUAL

MANUFACTURER PART NUMBER (MPN): 084-0700

LOCAL STOCK NUMBER: 084-0700

GI - POWER CORD, NORTH AMERICA, 3 FT, 120 V, 10A

MANUFACTURER PART NUMBER (MPN): 161-0246

LOCAL STOCK NUMBER: 161-0246

GRAND TOTAL _________________

STATEMENT OF WORK

Patient Monitoring System, Installation and Training

1. SCOPE

The Contractor shall furnish all labor, materials, parts, equipment, tools, transportation, and calibration to provide patient monitoring system to the Michael E DeBakey Veterans Affairs Medical Center

(MEDVAMC) located at 2002 Holcombe Boulevard in Houston, Texas 77030. The Contractor shall provide all necessary services including setup, configuration, database transfer and installation to get the specified equipment working properly. The Contractor shall provide all necessary training to the designated Veteran’s Affairs (VA) employees on how to use the product after the delivery and setup are complete. The contract shall be firm-fixed price. All equipment shall be new. The contractor shall not provide refurbished or used equipment.

2. BACKGROUND

The MEDVAMC currently has 15 SpaceLabs monitoring systems in the Emergency Department. The

MEDVAMC is requesting 24 additional SpaceLabs monitoring systems to be installed in the newly constructed emergency department treatment area separate from the existing area.

The MEDVAMC is requesting 6 additional SpaceLabs monitors for the Gastroenterology and Pulmonary areas. The Space lab monitor used for anesthesia is only available in procedure room 3. Anesthesia equipment is not step up in all procedure rooms. The majority of cases involve moderate sedation, and all nurses utilize the mobile GE monitor for continuous patient monitoring. The GE monitor is obsolete, and the Government will not be able to fix any malfunctions if issues arise

3. SPECIFIC REQUIREMENTS

3.1 The contractor shall provide the MEDVAMC with additional patient monitors for the expansion of the Emergency Department. The patient monitors should have the following specifications:

• 3, 5, or diagnostic 12-lead ECG, Resp, SpO2, NIBP, Temp

• 4 invasive (expandable to 8) and cardiac output

• Up to 8 waveforms, 24 parameters

• Highly visible 19” display and integrated LED alarm lights (front and rear)

• Secondary 19˝ (48.3 cm) interactive touchscreen display

• Full bed review of remote bedside monitors

• Vital signs calculations

• EMR connectivity with ICS

• 24-hour Patient Data Shuttle

• USB bar code scanner ready

• Varitrend® 4 OCRG

• Optional Exergen USB spot check thermometer

• Optional printer/recorder, capnography, multigas, BISx, SvO2 and dual SpO2 modules

• LifeSync compatible

The contractor shall provide the following new original equipment manufacturer (OEM) parts. All parts shall be of current manufacture and have complete versatility with the presently installed equipment.

Table 1: Equipment List - Emergency Department

Item Number

Description Quantity

91393 Xperezzon monitor 24

91393-A Xperezzon base 24

91393-1 English Language 24

91393-08 Eight Waveforms 24

91393-N Vital Signs Calculations 24

91393-Q Data Shuttle 24

91393-V Full View 24

91393-W Full Bed Review 24 https://www.spacelabshealthcare.com/products/patient-monitoring-connectivity/continuous-monitoring/clinical-parameters/command-module/#_ecg https://www.spacelabshealthcare.com/products/patient-monitoring-connectivity/continuous-monitoring/clinical-parameters/command-module/#_resp https://www.spacelabshealthcare.com/products/patient-monitoring-connectivity/continuous-monitoring/clinical-parameters/command-module/#_spo2 https://www.spacelabshealthcare.com/products/patient-monitoring-connectivity/continuous-monitoring/clinical-parameters/command-module/#_nibp https://www.spacelabshealthcare.com/products/patient-monitoring-connectivity/continuous-monitoring/clinical-parameters/command-module/#_temp https://www.spacelabshealthcare.com/products/patient-monitoring-connectivity/clinical-tools/clinical-access/ https://www.spacelabshealthcare.com/products/patient-monitoring-connectivity/continuous-monitoring/clinical-parameters/command-module/#_varitrend https://www.spacelabshealthcare.com/products/patient-monitoring-connectivity/continuous-monitoring/clinical-parameters/capnography/ https://www.spacelabshealthcare.com/products/patient-monitoring-connectivity/continuous-monitoring/clinical-parameters/multigas-analysis/ https://www.spacelabshealthcare.com/products/patient-monitoring-connectivity/continuous-monitoring/clinical-parameters/bispectral-index-bisx/ https://www.spacelabshealthcare.com/products/patient-monitoring-connectivity/continuous-monitoring/clinical-parameters/svo2-scvo2-module/ https://www.spacelabshealthcare.com/products/patient-monitoring-connectivity/patient-worn-monitoring/lifesync/

91496 Ultraview SL Command Module 24

91496-1 English Language 24

91496-C Invasive/Cardiac Output Parameter Set 24

91496-H Advanced Multiview Arrhythmia (MVII) 24

91496-N Nellcor SpO2 24

91496-D 12-lead diagnostic ECG with measurements and interpretation 24

91496-R Adult/Neonatal Respiration 24

91496-S ST Segment Analysis 24

91496-V Varitrend 4 24

96102 Xhibit Central Station 2

96102-B Xhibit central station, base Computer 2

96102-28 Xhibit central station, 28 bed bundle 2

910-6102-01 Single patient license for Xhibit central station 56

94267-19 19in Premium XPREZZON display with integrated high resolution front & rear LED alarm lights & ambient light dimming sensor

010-1971-01 Printer, Laserjet, HP, M506N, 110V** 2

010-1863-00 USB Cable A-Male to B-Male 2.0, 6ft** 2

999-0222-51 Basic CEC Support. Includes 3 consecutive days of customized clinical onsite training (workflow process development, alarm management, eLearning administration).

Up to 7 hours of class time per day, between the hours of 8

A.M. and 8 P.M.

999-0222-52 Additional Week of Clinical Education Project Management.

Includes 3 consecutive days of onsite support. Up to 7 hours of class time per day, between the hours of 8 A.M. and 8 P.M.

Required for units with >50 users to train and/or

>11 beds.

999-9999-42 Depot Support Plan. Unit price is per year.

Monitoring Products only.

016-0888-01 M-Series Arm, Backpack, 12 in 24

016-0899-00 KIT, BRACKET, BKPK, 91393 24

016-0863-00 Power Supply Holster, Wall Mounted 48

016-0512-00 Crossmember for mounting power supply holsters side by side

012-0887-02 20 inch Display Alarm Cable** 24

012-0893-01 16 inch DVI Cable** 24

012-0894-01 12 inch Touch Screen Cable** 24

016-0884-00 KIT, DISPLAY HANDLE, 94267 24

016-0866-00 Hook, dual (undermount), arctic white 24

700-0008-56 ECG combiner cable, 5+5-Lead Spacelabs monitors, AAMI** 24

700-0010-01 ECG combiner lead wire set, 5L, multi-pinch, AAMI, 130cm/51 in**

700-0010-02 ECG combiner lead wire set, 5L, multi-pinch, AAMI, 130cm/51 in**

690-0003-01 Nellcor OxiMax DS-100A finger sensor, adult 24

714-0018-00 BP hose, single tube, adult 24

715-1141-10 BP cuff, TruLink nylon, 1T, adult, 26-36cm, HP 24

700-0292-01 INVBP integrated adapter cable, Edwards Lifesciences, dual pressure

700-0027-00 TruLink cardiac output adapter cable** 24

306655-003 Cardiac output cable, Baxter/Edwards/Abbott 24

704-0173-00 CO2 airway adapter, mainstream, 92517, adult/pediatric, 25/bx

010-1980-00 CO2 mainstream sensor, 92517 24

103-0234-00 CO2 Nomoline adapter, sidestream, FLL, multi- use, 25/bx 24

704-0183-00 CO2 oral/nasal cannula w/O2 delivery, MLL, adult, 2.1m/7 ft, 25/cs**

700-0792-00 Nellcor OxiMax sensor adapter cable** 24

084-2301-06 Operation Manual, CD, Xhibit/Telemetry 1

084-1479-06 Service Manual, CD, Xhibit/Telemetry 1

92517 Capnography Module 24

92517-1 English Language 24

92517-A Capnography Module, base unit 24

91390 qube Compact Monitor 4

91390-A qube Compact Monitor, base unit 4

91390-1 English Language 4

91390-06 Six Waveforms 4

91390-D Perioperative 4

91390-N Vital Signs Calculations 4

91390-Q Data Shuttle 4

91390-R Patient Data Logger (PDL) 4

91390-V Full View 4

91390-W Full Bed Review 4

91390-P Wireless (802.11 a/b/g) 4

91496 Ultraview SL Command Module 4

91496-1 English Language 4

91496-B Invasive Parameter Set 4

91496-H Advanced Multiview Arrhythmia (MVII) 4

91496-N Nellcor SpO2 4

91496-R Adult/Neonatal Respiration 4

91496-S ST Segment Analysis 4

91496-V Varitrend 4 4

92516 Capnography Pod 4

92516-1 English Language 4

92516-A Capnography Pod, base unit 4

999-9999-42 Depot Support Plan. Unit price is per year. Monitoring

Products only.

700-0008-57 ECG combiner cable, 5-Lead Spacelabs monitors, AAMI** 4

700-0010-01 ECG combiner lead wire set, 5L, multi-pinch, AAMI, 130cm/51 in**

690-0003-01 Nellcor OxiMax DS-100A finger sensor, adult 4

103-0234-00 CO2 Nomoline adapter, sidestream, FLL, multi- use, 25/bx 4

704-0183-00 CO2 oral/nasal cannula w/O2 delivery, MLL, adult, 2.1m/7 ft, 25/cs**

010-1649-00 Masimo RD SET SpO2 Cable, 12 ft. 4

999-0510-00 Trade-in credit for 1-3 year old 90496/91496 towards the purchase of new 91496. REQUIRES the completion and return of the Trade-in Equipment Form on page 9 with your purchase order.

7000-0001-999 Trade in discount, monitoring items. REQUIRES the completion and return of the Trade-in Equipment Form on page 9 with your purchase order.

999-1510-13 Project Management: Manage all aspects of the equipment, technology, clinical workflow, and go- live activities from the initial project kickoff to project closure utilizing the 5 stages of the Project Management Process.

999-1898-23 Enhanced Software Support with cybersecurity support, price per year per Telemetry channel.

012-0395-00 Serial cable for PDL * 9 pin to 9 pin connector, male to male 4

131-1588-00 Adapter null modem 9m to9f 4

011-0241-01 Xhibit display, 22" high resolution touchscreen 6

084-0700-03 Patient Monitoring Service Manual, CD-ROM 2

084-1101-05 Ultraview SL Network Operations Manual, CD- ROM, English

161-0246-00 Power Cord, North America, 3 ft, 120V, 10A 52

999-9999-97 Installation 1

Table 2: Equipment List - Gastroenterology and Pulmonary Departments

Item Number Description/Part Number* Quantity

016-0823-00 Roll Stand for 91389/91331/91330 6

016-0827-00 Roll Stand Mounting Kit for 91389/91331/91330 External

Power Supply

SL-0087-16 Mounting adapter, Qube Mini, 91389 6

92516 Capnography Pod 6

92516-1 English Language 6

92516-A Capnography Pod, base unit 6

999-0222-51 Basic CEC Support. Includes 3 consecutive days of customized clinical onsite training (workflow process development, alarm management, eLearning administration). Up to 7 hours of class time per day, between the hours of 8 A.M. and 8 P.M.

999-9999-42 Depot Support Plan. Unit price is per year. Monitoring Products only.

700-0008-57 ECG combiner cable, 5-Lead Spacelabs monitors, AAMI** 6

700-0010-01 ECG combiner lead wire set, 5L, multi-pinch, AAMI, 130cm/51 in**

690-0003-01 Nellcor OxiMax DS-100A finger sensor, adult 6

714-0018-00 BP hose, single tube, adult 6

715-1141-10 BP cuff, TruLink nylon, 1T, adult, 26-36cm, HP 6

704-0173-00 CO2 airway adapter, mainstream, 92517, adult/pediatric, 25/bx 6

010-1980-00 CO2 mainstream sensor, 92517 6

103-0234-00 CO2 Nomoline adapter, sidestream, FLL, multi- use, 25/bx 6

704-0183-00 CO2 oral/nasal cannula w/O2 delivery, MLL, adult, 2.1m/7 ft, 25/cs**

700-0792-00 Nellcor OxiMax sensor adapter cable 6

999-1389-02 Qube Mini Shuttle bundle: High Res 8in disp (6 trace, 18 parameter) & C Module. Advanced data shuttle, ruggedized transport-ready, integrated pole mount. Exergen Temp &

CapnoPod ready w/integrated Wi-Fi. Limited time offer, contact sales rep for details.

91389 Qube Mini Transport Monitor 6

91389-1 English Language 6

91389-A Qube Mini, base unit 6

91389-06 Six Waveforms 6

91389-Q Data Shuttle 6

91389-R Patient Data Logger (PDL) 6

91389-V Full View 6

91389-W Full Bed Review 6

91389-P Wireless (802.11 a/b/g) 6

91496 Ultraview SL Command Module 6

91496-1 English Language 6

91496-

CDHNRSV

3, 5 or 12 lead ECG w/interpretation & reasoning statement, advanced event based arrhythmia, Multi-lead ST, four invasive pressures, cardiac output, Nellcor SpO2 technology, Non-

Invasive

Blood Pressure & temp from Neonatal to Adult.

084-0700-03 Patient Monitoring Service Manual, CD-ROM 1

084-1101-05 Ultraview SL Network Operations Manual, CD- ROM, English 1

161-0246-00 Power Cord, North America, 3 ft, 120V, 10A 6

999-9999-97 Installation 1

3.2 Training

Contractor shall provide on-site training to 100 designated VA employees on how to use all the aforementioned system. Contractor shall coordinate with the Contracting Officer’s Technical

Representative to schedule Training: two sessions of 3 consecutive weekdays of customized clinical training. Up to 7 hours of class time per day, between the hours of 0730 and 1930 Training shall consist of proper use of the system, management of the system and maintenance of equipment. All training shall be complete by 30 days from the effective test and acceptance date of equipment.

3.3 Standards

Contractor shall ensure that the equipment functions in conformance with the specifications used when the equipment was procured by the VAMC, and any upgrades/updates, as well as following most current published standards/ specifications/regulations:

Manufacturer s specifications, Association for the Advancement of Medical Instrumentation (AAMI), Joint Commission for the Accreditation of Healthcare Organizations (JCAHO), National Fire Protection

Agency 99 (NFPA-99), Center for Device and Radiological Health (CDRH), Original Equipment

Manufacturer (OEM), American Hospital Association (AHA), Institute of Electrical And Electronic

Engineers (IEEE), Underwriters Laboratories (UL) ,Occupational Safety and Health Administration

(OSHA), College of American Pathologists (CAP), VAMC standard operating procedures, and any other

Federal, State, and Local regulations pertaining to the equipment listed for this contract.

Contract service shall ensure that the equipment functions in conformance with the latest published edition of NFPA-99, UL, OSHA, VA, and CDRH.

The contractor shall supply certification of tuberculosis testing completion prior to commencing any work located on the MEDVAMC campus.

3.4 Testing and Certification

Upon completing installation of the system, the Contractor shall notify the Contracting Officer’s

Representative (COR) in writing that the system is ready for acceptance testing, and that it meets all requirements of the OEM, VA standards and contract requirements. Submission of this notification of system readiness shall be accomplished by the contractor prior to the beginning of the scheduled

Government Acceptance Test.

3.5 Government Acceptance Test

The Contractor shall perform the Government Acceptance Test in the presence of the COR for proof-of-performance. The Government Acceptance Test shall be performed within 30 days from the effective date of award. Upon completing the Government Acceptance Test successfully, the Contractor shall document the success of this Government Acceptance Test and furnish a copy to the COR before the

Contractor’s representative departs the VA premises.

3.6 Product Modification, Removal or Recall

If any product awarded under this solicitation requires modification, is removed or recalled by the

Contractor or manufacturer, or if any required modification, removal or recall is suggested or mandated by a regulatory or official agency, the following steps shall immediately be taken by the Contractor:

a. Notify the Contracting Officer in writing of the required changes. Provide two copies of the notification which shall include, but not be limited to the following:

(1) Complete item description and/or identification, order numbers from customers, and the contract number assigned;

(2) Reasons for modifications, removal or recall; and

(3) Necessary instructions for return for credit, replacement or corrective action.

b. The Contractor shall provide the above information to all agencies and VA facilities who purchased the product. The Contracting Officer shall be provided a copy of the notification as stated above and a list of all agencies and/or VA facilities notified.

c. The Contractor shall be responsible for any costs associated with the above.

4. GENERAL INFORMATION

4.1. Delivery Location

Michael E. DeBakey Medical Center

Building 100

2002 Holcombe Blvd.

Houston, Texas 77030

4.2 Place of Performance

The Contractor shall deliver and perform all work at the Michael E. DeBakey VA Medical Center, Building #100, located at 2002 Boulevard in Houston, Texas 77030. The contractor shall provide all supplies and necessary services including setup, configuration, database transfer and installation for the

Emergency Department as listed in Section 3 and Table 1. The contractor shall provide all supplies and necessary services including setup, configuration, database transfer and installation for the

Gastroenterology and Pulmonary Departments as listed in Section 3 and Table 2.

Hours of Operation

Services shall be performed during the VA normal business hours, 8:00 a.m. through 4:30 p.m., Monday through Friday, excluding Federal holidays. Any scheduled work at the Government site shall not take place on Federal holidays or weekends unless directed by the Contracting Officer (CO). VA follows all

Federal holidays that are set by law (USC Title 5 Section 6103).

The Government hereby provides notice and Contractor hereby acknowledges receipt that Government personnel observe the listed days as holidays:

New Year's Day January 1

Martin Luther King's Birthday Third Monday in January

President's Birthday Third Monday in February

Memorial Day Last Monday in May

Independence Day July 4

Labor Day First Monday in September

Columbus Day Second Monday in October

Veterans Day November 11

Thanksgiving Day Fourth Thursday in November

Christmas December 25

In addition to the days designated as holidays, the Government observes the following days:

1. Any other day designated by Executive Order;

2. Any other day designated by the President’s Proclamation; and

3. Any other day designated by Federal Statute.

4.3 Period of Performance

The Contractor shall deliver all supplies and finish all works of installation, configuration and setup within 30 days from the effective date of award. All training shall be complete by 60 days from the effective date of award. The training shall be provided after the test and acceptance date of the equipment.

4.4 Warranty. Contractor to provide manufacturer’s warranty period. Extend warranty is also requested.

All equipment and materials shall come with a standard one-year warranty. Warranty shall begin after completion of test. The Contractor shall be an OEM authorized dealer, authorized distributor or authorized reseller for the proposed equipment and/or services contracts for maintenance of equipment

(i.e. replacement parts), verified by an authorization letter or other documents from the OEM, such that the OEM s warranty and service are provided and maintained by the OEM. All software licensing, warranty and service associated with the supplies, equipment and/or services contracts for maintenance of equipment shall be in accordance with the OEM terms and conditions.

4.5 Deliverables

A. User’s Operating and Maintenance Manual. Contractor shall provide a complete set of User’s

Operating and Maintenance Manual at no charge to the Government.

4.6 Invoicing

The Contractor shall not invoice for payment until all of the requirements are complete.

VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, Vendor Electronic Invoice Submission Methods. Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods below:

• VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website:

http://www.tungstennetwork.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

• A system that conforms to the X12 electronic data interchange (EDI) formats established by the

Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI). The

X12 EDI Web site (http://www.x12.org).

END OF THE STATEMENT OF WORK

http://www.x12.org/

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)…