36C25624Q0009.docx

36C25624Q0009

GENERAL INFORMATION

Southeast Louisiana Veterans HCS 1515 Poydras Street

New Orleans LA 70112

POINT OF CONTACT*

Contract Specialist David L. Bourgeois David.Bourgeois1@va.gov

(318) 572-5702

PLACE OF PERFORMANCE

510 East Stoner Avenue

Shreveport LA

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with format in FAR Subpart 13.5 Simplified Procedures for Certain Commercial Products and Commercial Services; simplified acquisition procedures apply. VA will conduct the procurement according to a combination of FAR Part 12, Acquisition of Commercial Items and Part 13, Simplified Acquisition Procedures as supplemented with additional information included in this notice.

The solicitation number is 36C25624Q0009 and is issued as a Request for Quotation (RFQ).

The proposed contract action will provide Support Licensing and Services for Nutanix and HYCU Platforms for the Overton Brooks VA Medical Center in Shreveport, LA. It shall include all Licenses and Support Services for all Nodes, along with Data protection and Recovery of all Nodes through HYCU Licenses, for which the Government intends to solicit competitive quotes. The contractor will provide services for a base period and up to four (4) Option Years (OY). Interested persons may submit quotes, and all eligible quotes must be received prior to the response date listed on FBO to be considered by the Government. This solicitation is 100% SET-ASIDE FOR SERVICE-DISABLED VETERAN OWNED SMALL BUSINESS.

The NAICS code is 541519 (Other Computer Related Services) and the size standard is $30 Million.

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2023-04 (06/02/2023). Only emailed requests received directly from the requester will be accepted.

RESPONSES ARE DUE, September 19, 2023, by 13:00 p.m. Central Time (CT). Quotes are due electronically to David.Bourgeois1@va.gov no later than the response date listed on FBO. Only electronic quotes will be considered.

Phone calls will not be accepted, all question and or concerns must be submitted via email to David.Bourgeois1@va.gov by 13:00 p.m. Central Standard Time (CST) NLT September 01, 2023.

Point of contact for this solicitation is David Bourgeois at David.Bourgeois1@va.gov. All Inquires must be submitted electronically.

No Site visit is available. There is no previous contract.

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

Combined Synopsis/Solicitation Notice

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE

DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a.

PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

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

SEE

ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

26.

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

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212

-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNAT

URE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

667-24-1-515-0019 36C25624Q0009 David Bourgeois

(318) 572-5702 09-19-2023 13:00

CDT

Department of Veterans Affairs Southeast Louisiana Veterans HCS 1515 Poydras Street New Orleans LA 70112 X X 541519 $34 Million N/A X Department of Veterans Affairs Southeast Louisiana Veterans HCS 2400 Canal Street New Orleans LA 70119 Department of Veterans Affairs Southeast Louisiana Veterans HCS 1515 Poydras Street New Orleans LA 70112

FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489-6135 invoice must be submitted electronically 1-877-489-6135 See CONTINUATION Page Non-personal Services: The Contractor shall provide all licensing and services for Nutanix and HYCU Platforms at the Overton Brooks VA Medical Center in Shreveport, LA.

Questions due NLT Sept. 01, 2023, by 13:00 PM via email to David.Bourgeois1@va.gov. No phone calls will be accepted.

Solicitation responses due NLT Sep 19, 2023, by 13:00 PM Period of Performance: Base Period: Nov 01, 2023, to Oct 31, 2024, with four (4) twelve-month option periods.

Notice of Total Service-Disabled Veteran Owned Small Business Set-Aside applies to all items in this solicitation.

See CONTINUATION Page 667-3640160-515-825500-2520 010025500 X x David Boourgeois Contracting Officer Page 1 of Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C256 David Bourgeois Department of Veterans Affairs Southeast Louisiana Veterans HCS 1515 Poydras Street

New Orleans LA 70112

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

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

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

Nutanix License Renewal Performance Work Statement

EQUIPMENT COVERAGE

This Firm-Fixed Price Proposal is for a Base + 4 Option Years of Support Licensing and Services for Nutanix and HYCU Platforms at the Shreveport VA Medical Center. Contractor shall furnish all Licenses and support for the Nutanix HCI Solution for base year from 11/1/2023 through 10/31/2024, and four option years through 10/31/2028.

Items covered:

Nutanix HCI Solution All Licenses and Support Services for all Nodes, along with Data protection and Recovery of all Nodes through HYCU Licenses.

667 MX2795856

667 MX2795951

667 MX2795827

Other covered items:

All associated hardware, computers and servers. Access to Nutanix portal. 24x7x365 support availability with 4-hour part replacement.

GENERAL REQUIREMENT

The contractor shall provide all necessary licensing renewal and support services on the existing Nutanix (NTNX) infrastructure at the Overton Brooks VA Medical Center (OBVAMC) located at 510 E. Stoner Avenue Shreveport La 71105. OBVAMC biomedical engineering is recommending a renewal of the NTNX infrastructure. This will result in an overall cost savings by allowing further virtualization of these resource intensive clinical applications and remove the necessity of buying costly dedicated servers. This will also help increase compliance with the VA virtual first policy. The OBVAMC shall provide all power requirements, Rackspace, and network infrastructure.

EQUIPMENT:

The Contractor accepts responsibility for equipment in "as is" condition. Failure to inspect the systems prior to contract award will not relieve the Contractor from performance of the requirements of this contract. Following the completion of any service performed by the contractor, the contractor shall show to the COR that the required system components are in place and fully functional prior to COR acceptance explained in the Reporting Requirements Section.

DEFINITIONS/ACRONYMS

A. Biomedical Engineer(ing) - Supervisor or designee.

B. CO - Contracting Officer C. COR - Contracting Officer's Representative D. FSE - Field Service Engineer. A person who is authorized by the contractor to perform maintenance (corrective and/or preventive) services on the VAMC premises.

E. ESR - Vendor Engineering Service Report. A documentation of the services rendered for each incidence of work performance under the terms and conditions of the contract.

F. Acceptance Signature - VA employee who is authorized to sign-off on the ESR which indicates that the PM has been concluded or is still pending completion, or that the Emergency Repair has been accomplished or is still in a pending status.

G. Authorization Signature - COR's signature; indicates COR accepts work status as stated in ESR.

H. NFPA - National Fire Protection Association.

I. CDRH - Center for Devices and Radiological Health.

J. OBVAMC – Overton Brooks VA Medical Center K. VAH - Department of Veterans Affairs Hospital L. OEM - Original Equipment Manufacture M. GPU- Graphics processing unit

HOURS OF COVERAGE

A. Normal hours of coverage are Monday through Friday from 8:00 a.m. to 5:00 p.m., excluding holidays. All service/repairs will be performed during normal hours of coverage unless requested or approved by COR or his designee.

B. Any necessary hardware/software update/upgrade installations as deemed by the OEM will be scheduled at least three (3) days in advance and shall be performed at no additional charge to the Government (unless it would be detrimental to equipment up-time; to be determined by the COR).

C. Work performed outside the normal hours of coverage at the request of COR or designee will be billed at the price listed in Vendor Contract. Billing will include service time and exclude parts, as they are included in this contract. The COR or designee will provide a credit card purchase order to cover charges outside of the scope of this contract. PO# must be included on invoice for payment. Work performed outside the normal hours of coverage at the request of FSE will be considered service during normal hours of coverage.

D. Federal Holidays observed by the VAMC are:

New Years' Day Martin Luther King Day

Presidents' Day Memorial Day

Juneteenth Independence Day

Labor Day Columbus Day

Veterans' Day Thanksgiving Day

Christmas Day

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

Any other day designated by Federal Statute, Any other day designated by Executive Order, Any other day designated by the President’s Proclamation E. Preventive maintenance will be performed yearly.

UNSCHEDULED MAINTENANCE (Emergency Repair Service) A. Contractor shall maintain the equipment in accordance with the manufacturer's latest specifications. The Contractor will provide repair service which may consist of calibration, cleaning, oiling, adjusting, replacing parts, and maintaining the equipment, including all intervening calls necessary between regular services and calibrations. All required parts shall be furnished.

B. The CO, COR or designee has the authority to approve/request a service call from the Contractor.

C. Response Time: - Contractor's FSE must respond with a phone call to the COR or his/her designee within immediately after receipt of telephoned notification twenty-four (24) hours per day. If the problem cannot be corrected by phone, the FSE will commence work on-site no later than 2 days after notification of equipment malfunction. This requirement for response time shall be the same for both services calls during the VA normal business hours and after-hour service calls.

D. Any charges for parts, services, labor, travel, manuals, tools, installation, firmware or software required to successfully complete unscheduled maintenance are included within this contract unless specifically stated in writing otherwise and approved by the COR.

E. Contractor shall provide mandatory safety and performance-related updates to covered equipment and software.

F. The Contractor must have the ability to concurrently address multiple emergency calls and unscheduled maintenance on different equipment.

· Cleaning of equipment.

· Reviewing operating system software diagnostics to ensure that the system is operating in accordance with Section 3, Conformance Standards or the manufacturer's specifications.

· Calibrating and lubricating the equipment.

· Performing remedial maintenance of non-emergent nature.

· Testing and replacing faulty and worn parts and/or parts likely to become faulty, fail or become worn.

· Inspecting and replacing where indicated, electrical wiring and cables for wear and fraying.

· Inspecting, and replacing where indicated, all mechanical components which may include, but is not limited to: X-ray tube mounting hardware, patient restraints and support devices, cables and mounting hardware, chains, belts, bearings and tracks, interlocks, clutches, motors, keyboards, and patient couches for mechanical integrity, safety, and performance.

· Returning the equipment to the operating condition defined in "Conformance Standards" Section.

· Providing documentation of services performed.

· Inspecting and calibrating the hard copy image device.

G. PM services shall be performed in accordance with, and during the hours defined in the "Hours of Coverage" section and the preventive maintenance schedule established herein. All exceptions to the PM schedule shall be arranged and approved in advance with the COR.

H. Any charges for parts, services, labor, travel, manuals, tools, installation, firmware or software required to successfully complete scheduled PM are included within this contract, and its agreed upon price, unless specifically stated in writing otherwise and approved by the COR.

PARTS & TRAVEL

Gray market items are Original Equipment Manufacturers (OEM) goods sold through unauthorized channels in direct competition with authorized distributors. This procurement is for new OEM medical supplies, medical equipment and/or service for maintenance of medical equipment (i.e. replacement parts) for VA Medical Centers. No re-manufactures or gray market items will be acceptable. Any retrofitted parts shall be approved by the COR prior to installation and shall also be approved by the OEM prior to installation.

The delivery of gray market items to the VA in the fulfillment of an order/award constitutes a breach of contract. Accordingly, the VA reserves the right to enforce any of its contractual remedies. This includes termination of the contract or, solely at the VA’s election, allowing the Contractor to replace, at no cost to the Government, any remanufactured or gray market item(s) delivered to a VA facility upon discovery of such items.

The Contractor shall furnish and replace parts in accordance with the manufacturer's specifications. The Contractor has ready access to all parts, including unique and/or high mortality replacement parts. All parts supplied shall be compatible with existing equipment. The contract shall include all parts [except -if applicable - those parts specifically listed as being EXCLUDED]. The contractor shall use new original equipment manufacturer (OEM) parts. All parts shall be of current manufacture and have complete versatility with the presently installed equipment. All parts shall perform identically to the original equipment specifications. Rebuilt parts, used parts or those removed from other equipment, shall not be installed without specific approval by the CO or the COR. (The Contractor shall also list any excluded parts under the service contract).

Travel for any and all service and preventative maintenance covered within this contract shall be covered by the Contractor and shall not be reimbursed by the CO, VAMC, COR or any of its and/or their associates, employees or descendants under any conditions or circumstances.

SHIPPING

The Contractor shall pay for shipping in both directions for warranty claims placed by phone or email that are covered by the warranty and support agreement

SERVICE MANUALS/TOOLS/EQUIPMENT

The MEDVAMC shall not provide travel, tools, (test) equipment, service manuals or service diagnostic software to the contractor. The contractor shall obtain, have on file, and make available to its FSE's all travel, operational and technical documentation (such as; operational and service manuals, schematics, and parts list) which are necessary to meet the performance requirements of this contract.

TEST EQUIPMENT

Should the COR request it, prior to commencement of work on this contract, the Contractor shall provide the OBVAMC with a copy of the current calibration certification of all test equipment which is to be used by the Contractor on VAMC's equipment. This certification shall also be provided on a periodic basis when requested by the OBVAMC. Test equipment calibration shall be traceable to a national standard.

REMOVAL OF EQUIPMENT

Should a piece of equipment require repair at the Contractor’s plant, the Contractor shall coordinate with the COR the removal of equipment. Government property cannot be removed from the station without a signed Property Pass. This Property Pass may be obtained from Acquisition & Material Management Service, Personal Property Section, 4A-320 after removal is authorized by the COR. The Contractor may not remove equipment from Government site for minor repairs only. The Contractor shall be responsible for damage or loss of equipment while in the Contractor ‘s charge

ONSITE REPORTING REQUIREMENTS

The Contractor shall be required to report to Biomedical Engineering to log in. When the service is completed, the FSE shall document services rendered on a legible ESR(s). The FSE shall be required to log out with Biomedical Engineering and submit the ESR(s) to the COR. ALL ESRs shall be submitted to the equipment user for an "acceptance signature" and to the COR OR designee for an "authorization signature" unless otherwise stated by the COR. If the COR is unavailable, a hard copy or an electronic version of the FSR must also be submitted to the COR within 5 days after the service day. A signed, authorized copy of the ESR will be returned to the Contractor after the work can be reviewed (if requested or noted on the ESR).

VA Biomedical Contact Persons: Joshua Delcomyn Location (Building/Room Number Telephone Number & Extension(s) 318-990-5995:

DOCUMENTATION/REPORTS

The documentation shall include detailed descriptions of the scheduled and unscheduled maintenance (i.e., Emergency repairs) procedures performed, including replaced parts and prices (for outside normal working hour services) required to maintain the equipment in accordance with the "Conformance Standards" section or the manufacturer's specifications. Such documentation shall meet the guidelines as set forth in the Conformance Standards section. The electronic engineering service report (ESR) will consist of a separate PM report for the item(s) covered under the "specific" contract. Grouping different equipment from different contracts on "one" ESR is prohibited. In addition, each ESR must, at a minimum, document the following data legibly and in complete detail:

A. Name of contractor and contract number.

B. Name of FSE who performed services.

C. Contractor service ESR number/log number.

D. Date, time (starting and ending), equipment downtime and hours on-site for service call.

E. VA purchase order numbers covering the call if outside normal working hours.

F. Description of problem reported by COR.

G. Identification of equipment to be serviced:

H. Itemized Description of Service Performed (including, if applicable, Costs associated with after normal working hour services) including:

REPORTING REQUIRED SERVICES BEYOND THE CONTRACT SCOPE

The Contractor shall immediately, but no later than 24 (twenty-four) consecutive hours after discovery, notify the CO and COR (in writing) of the existence or the development of any defects in, or repairs required, to the scheduled equipment which the Contractor considers he/she is not responsible for under the terms of the contract. The Contractor shall furnish the CO and COR with a written estimate of the cost to make necessary repairs.

COMPETENCY OF PERSONNEL SERVICING EQUIPMENT

A. Each respondent must have an established business, with an office and full-time staff. The staff includes a "fully qualified" FSE and a "fully qualified" FSE who will serve as the backup.

B. "Fully Qualified" is based upon training and on experience in the field. For training, the FSE(s) has successfully completed a formalized training program, for the equipment and is OEM Certified. For field experience, the FSE(s) has a minimum of two years of experience (except for equipment newly on the market) with respect to scheduled and unscheduled preventive and remedial maintenance, on the covered equipment listed in the “Equipment Identification” Section.

C. The FSEs shall be authorized by the OEM to perform the maintenance services. All work shall be performed by "Fully Qualified", OEM Certified competent FSEs. The Contractor shall provide written assurance of the competency of their personnel and a list of credentials of approved FSEs for each make and model the Contractor services at the VAMC prior to award. The COR may authenticate the training requirements, request locations, training certificates or credentials, and technician location from the Contractor at any time for any personnel who are servicing or installing any equipment. The CO and/or COR specifically reserve the right to reject any of the Contractor's personnel and refuse them permission to work on the VAMC equipment if evidence is not provided when requested.

D. If subcontractor(s) are used, they must be approved by the COR; the Contractor shall submit any proposed change in subcontractor(s) to the CO for approval/disapproval.

SOFTWARE UPGRADES & UPDATES

Contractor shall include, at no extra charge, any engineering and software update necessary for continued optimum operation of the equipment listed in this contract.

The contractor will provide all operational upgrades to the equipment hardware and operating system software that materially affects the performance of the equipment, without additional charge to the government. These enhancements to the contractor’s equipment shall be delivered to the government site and installed by the contractor within 60 days of their issuance or date of first commercial availability.

REMOTE SUPPORT

The contractor shall have proper access and control to remotely monitor all equipment listed in the "Equipment Identification and Coverage" Section. The Contractor shall have an MOU/ISA in place with the Veterans Health Administration before contract award. The contractor shall present the MOU/ISA to the CO and COR prior to contract award. This includes background checks and Information Security Officer approval as required by Directive 6500. The contractor must demonstrate active security clearance before award.

SAFETY REQUIREMENTS

In the performance of this contract, the Contractor shall take such safety precautions as the Contracting Officer, or his/her designee, may determine to be reasonably necessary to protect the lives and health of occupants of the building. The Contractor shall have one supervisory employee, who will disseminate requirements to those who work at our facility. The Contracting Officer or his/her designee will notify the Contractor of any noncompliance with the foregoing provisions and the action to be taken. The Contractor shall, after receipt of such notice, immediately correct the conditions to which attention has been directed. Such notice, when served on the Contractor or his representative at the site of work, shall be deemed sufficient for the purpose aforesaid. If the Contractor fails or refuses to comply promptly with such notice, the contracting Officer may issue an order stopping all or any part of the work and hold the Contractor in default.

The MEDVAMC, CO, COR or any of its and/or their associates, employees or descendants under any conditions or circumstances shall not be held responsible for any safety incident or any injury or any inconvenience experienced by the Contractor, their associates, or subcontractors while performing the services, labor, travel, software upgrades or maintenance included within this contract to the extent applicable by federal, local and state law with federal law taking precedence.

IDENTIFICATION, PARKING, SMOKING AND VA REGULATIONS

The Contractor's FSEs shall wear visible identification at all times while on the premises of the VAMC. It is the responsibility of the Contractor to park in the appropriate designated parking areas. Information on parking is available from the VA Police Section. The VAMC shall not invalidate or make reimbursement for parking violations of the Contractor under any conditions. Smoking is prohibited on the VA medical center campus. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

NOTE: - The Contractor must submit with technical proposal unique or unusual conditions to suit specific situation(s) should the above clause not be entirely applicable.

MOBILE MEDIA SCANNING

The Contractor will identify if removable media (i.e. USB or DVD/CD Device) is required to perform his/her duties. Personally-owned USB thumb drive utilization is prohibited. Non-VA support personnel must furnish their own FIPS140-2 certified USB thumb drives, and only with the permission of a designated VA supervisor. All USB drives must be scanned with an antivirus program running current virus definitions by the local VA staff, prior to connection to any VA device. COR or designee will ensure the removable media is scanned with anti-virus software running current virus definitions prior to connection to any medical device system. The computer system for scanning removable media is located in the Biomedical Engineering shop.

OTHER REQUIREMENTS

· The Contractor shall require his employees to comply with all VA rules and regulations pertaining to the conduct of his employees while on station. Particular attention is drawn to the fact that the VAMC is a NO SMOKING Facility. Smoking is not permitted in any building and is only permitted in designated smoking shelters on the VA campus.

· Contractor shall have use of station telephones to make business calls related to Medical Center’s equipment. Misuse of this privilege will necessitate the need to require the contractor to use public telephones.

UNAUTHORIZED USE OF GOVERNMENT EQUIPMENT

· The Contractor shall not allow his/her employees, including Subcontractors’ employees, to open desk drawers, cabinets, or to use office equipment, including the use of non-pay telephones for any purpose other than a local emergency call.

· The Contractor shall be responsible to provide all necessary equipment, tools, parts, and materials to perform the work. The Government shall not be obligated to provide any equipment, tools, parts, and materials to assist the Contractor in performing the work.

PRIVACY/SECURITY

The contractor will not have electronic connectivity to the VA network. The Vendor will only have access to patient databases and PHI when physically troubleshooting.

Any electronic or magnetic data storage devices such as hard drives, etc. shall be turned into the ISO. Electronic or magnetic data storage devices are not to be removed from VA property.

INSURANCE

A. Worker compensation and employer's liability: - Contractors are required to comply with applicable Federal and State Worker Compensation and occupational disease statutes.

B. General Liability: - Contractors are required to have Bodily Injury Liability Insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

C. Property Damage Liability: - Contractors are required to have Property Damage Liability insurance coverage of at least $500,000.

ADDITIONAL CHARGES

There will be no additional charge for time spent at the site (during, or after the normal hours of coverage) awaiting the arrival of additional FSE and/or delivery of parts. In any case, the VA shall be explicitly notified in advance that additional charges will be incurred, prior to beginning such work. In such instances that the VA agrees the work is not within the scope of the contract, and the VA desires the Contractor to perform service, a separate purchase order will be issued to the Contractor for the work. Any service required which the Contractor believes to be in excess of the contract provisions and require additional payment (e.g., work beyond normal work hours) shall not be performed without prior authorization from the BIOMED COR, who will arrange a separate purchase order to pay for the additional service if desired by the VA. The Government shall not be responsible for incidental charges including, but not limited to, parking, tolls, mileage, phone, etc., on straight time or overtime work.

END OF SERVICE PERIOD

No service shall be performed under this agreement after the contract expiration date without written authority or direction from the Contracting Officer. Contractor guarantees all equipment covered in this contract shall be in optimum working condition at the contract expiration date provided that the Contractor is notified of any deficiencies at least one (1) day before the contract expiration date to the COR. Any changes, updates or retrofits made on any component or system shall be reported to the COR for annotation on station equipment manuals and records. For any service call made during normal working hours, the Contractor’s repairman shall report their arrival and departure to the COR.

End of Scope of Work

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Nutanix HCI Solution All Licenses and Support Services for all Nodes, along with Data protection and Recovery of all Nodes through HYCU Licenses. 667 MX2795856 667 MX2795951 667 MX2795827 Other covered items: All associated hardware, computers and servers Contractor shall furnish all necessary software licenses and service support for all hardware and software for the Nutanix/HYCU HCI.- 24x7x365 support availability with four-hour parts replacement for customers with mission-critical applications The contractor shall coordinate all work with the Biomedical Engineering Department. - The contractor will coordinate all maintenance visits through the COR or other Biomedical Engineering representative. - Overton Brooks VA Medical Center is a smoke free campus. Violators shall be removed from the premises. - The Contracting Officer's Representative: Joshua Delcomyn 318-990-5995 Contingent upon availability of FY24 funding Contract Period: Base POP Begin: 11-01-2023 POP End: 10-31-2024 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 7B22 - IT and Telecom - Compute: Servers (Hardware and Perpetual License Software)

Nutanix HCI Solution All Licenses and Support Services for all Nodes, along with Data protection and Recovery of all Nodes through HYCU Licenses. 667 MX2795856 667 MX2795951 667 MX2795827 Other covered items: All associated hardware, computers and servers Contractor shall furnish all necessary software licenses and service support for all hardware and software for the Nutanix/HYCU HCI.- 24x7x365 support availability with four-hour parts replacement for customers with mission-critical applications The contractor shall coordinate all work with the Biomedical Engineering Department. - The contractor will coordinate all maintenance visits through the COR or other Biomedical Engineering representative. - Overton Brooks VA Medical Center is a smoke free campus. Violators shall be removed from the premises. - The Contracting Officer's Representative: Joshua Delcomyn 318-990-5995 Contingent upon availability of FY24 funding Contract Period: Option 1 POP Begin: 11-01-2024 POP End: 10-31-2025

PRODUCT/SERVICE CODE: 7B22 - IT and Telecom - Compute: Servers (Hardware and Perpetual License Software)

Nutanix HCI Solution All Licenses and Support Services for all Nodes, along with Data protection and Recovery of all Nodes through HYCU Licenses. 667 MX2795856 667 MX2795951 667 MX2795827 Other covered items: All associated hardware, computers and servers Contractor shall furnish all necessary software licenses and service support for all hardware and software for the Nutanix/HYCU HCI.- 24x7x365 support availability with four-hour parts replacement for customers with mission-critical applications The contractor shall coordinate all work with the Biomedical Engineering Department. - The contractor will coordinate all maintenance visits through the COR or other Biomedical Engineering representative. - Overton Brooks VA Medical Center is a smoke free campus. Violators shall be removed from the premises. - The Contracting Officer's Representative: Joshua Delcomyn 318-990-5995 Contingent upon availability of FY24 funding Contract Period: Option 2 POP Begin: 11-01-2025 POP End: 10-31-2026

PRODUCT/SERVICE CODE: 7B22 - IT and Telecom - Compute: Servers (Hardware and Perpetual License Software)

Nutanix HCI Solution All Licenses and Support Services for all Nodes, along with Data protection and Recovery of all Nodes through HYCU Licenses. 667 MX2795856 667 MX2795951 667 MX2795827 Other covered items: All associated hardware, computers and servers Contractor shall furnish all necessary software licenses and service support for all hardware and software for the Nutanix/HYCU HCI.- 24x7x365 support availability with four-hour parts replacement for customers with mission-critical applications The contractor shall coordinate all work with the Biomedical Engineering Department. - The contractor will coordinate all maintenance visits through the COR or other Biomedical Engineering representative. - Overton Brooks VA Medical Center is a smoke free campus. Violators shall be removed from the premises. - The Contracting Officer's Representative: Joshua Delcomyn 318-990-5995 Contingent upon availability of FY24 funding Contract Period: Option 3 POP Begin: 11-01-2025 POP End: 10-31-2026

PRODUCT/SERVICE CODE: 7B22 - IT and Telecom - Compute: Servers (Hardware and Perpetual License Software)

Nutanix HCI Solution All Licenses and Support Services for all Nodes, along with Data protection and Recovery of all Nodes through HYCU Licenses. 667 MX2795856 667 MX2795951 667 MX2795827 Other covered items: All associated hardware, computers and servers Contractor shall furnish all necessary software licenses and service support for all hardware and software for the Nutanix/HYCU HCI.- 24x7x365 support availability with four-hour parts replacement for customers with mission-critical applications The contractor shall coordinate all work with the Biomedical Engineering Department. - The contractor will coordinate all maintenance visits through the COR or other Biomedical Engineering representative. - Overton Brooks VA Medical Center is a smoke free campus. Violators shall be removed from the premises. - The Contracting Officer's Representative: Joshua Delcomyn 318-990-5995 Contingent upon availability of FY24 funding Contract Period: Option 4 POP Begin: 11-01-2026 POP End: 10-31-2027

PRODUCT/SERVICE CODE: 7B22 - IT and Telecom - Compute: Servers (Hardware and Perpetual License Software)

B.3 DELIVERY SCHEDULE

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience.