36C25718Q0101-003.docx

36C25718Q0101

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

11-29-2017 Jessica Roman 432-268-5055 12-20-2017 4:00 pm 00519 Department of Veterans Affairs Contracting Section (90C)

707 East 3rd Street Big Spring TX 79720 x

339112 1000 Employees

N/A X

00519 Department of Veterans Affairs West Texas VA Health Care System Pharmacy Service 300 Veterans Blvd.

Big Spring TX 79720 00519 Department of Veterans Affairs Contracting Section (90C)

707 East 3rd Street Big Spring TX 79720

Electronic submission of invoices required online through:

http://www.ob10.com/us/en/#&panel1-1 Austin TX 78714-9971

See CONTINUATION Page See Price/Cost Schedule

$0.00

See CONTINUATION Page 519-3680160-030-822400-2341-01002240

X x

Michael J. Tusinger

NCO1815L2-4195

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

(continuation from Standard Form 1449, block 18A.)

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C257

Contracting Section (90C)

707 East 3rd Street Big Spring TX 79720

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

3. INVOICES: Invoices shall be submitted in arrears:

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

Department of Veterans Affairs Electronic submission of invoices required online through:

http://www.ob10.com/us/en/#&panel1-1 Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

Instructions to Offerors Evaluation Factors for Award

Solicitation issued via www.FBO.gov.

Quotations due 12/20/2017 at 4:00 p.m. EST (3:00 p.m. CST).

Submit quotation via e-mailed to jessica.roman@va.gov.

Point of Contact:

Jessica Roman Contract Specialist SAO West Network Contracting Office (NCO) 17 707 East 3rd Street Big Spring, TX 79720 Phone: 432-268-5055 Fax: 432-517-4586 jessica.roman@va.gov

Late quotes and/or documentation will not be accepted. All questions, comments, or inquiries are to be submitted in writing to the Point of Contact, referenced above, prior to the closing of the solicitation.

CONTRACTORS READ FIRST

I. Basis of Award The Government intends to award a purchase order resulting from this solicitation to the responsible contractor whose quote conforming to the solicitation meets or exceeds the requirement at the lowest price, Lowest Price Technically Acceptable (LPTA).

The quote will be evaluated on the basis of the evaluation factors listed below. The technical acceptability will be evaluated on an "acceptable" or "unacceptable" basis. Only those contractors with quotes determined to be technically acceptable will be evaluated on the basis of price. The following areas will be evaluated:

Factor 1: Technical Acceptability – The contractor shall provide a written statement addressing each of the following items. The written statement must describe each point below and must provide enough detail to determine minimum qualifications.

a. Description of Equipment Compatibility: Provide written assurance of successful equipment integration compatibility with Talyst, Vista, and CPRS (see Statement of Need 2. REQUIREMENT).

b. Description of Equipment Specifications: Equipment not meeting the stated minimum requirements outlined in the Statement of Need 3. EQUIPMENT SPECIFICATIONS shall be considered unacceptable.

c. Description of Equipment Size: Provide equipment sizes in inches; equipment too large to be accommodated within the maximum available space outlined in the Statement of Need 4. EQUIPMENT LOCATIONS shall be considered unacceptable.

d. Maintenance: Provide a written statement confirming that the contractor assumes all responsibility for and performance of the maintenance and repair of the provided equipment. Provide a description of maintenance and support services as consistent with the Statement of Need, 5. MAINTENANCE AND SUPPORT. Failure to provide description will result in quotes being found non-responsive.

e. Training: Provide a written statement agreeing to the requirements within the Statement of Need 6. TRAINING.

f. Reports: Provide a listing of report capabilities to include a minimum of the following: Inventory Management Report, Activity Report, and System Report (see Statement of Need 7. REPORTS).

Factor 2: Price – Contractor shall complete the Price/Cost Schedule. The schedule may be altered, or an alternate schedule used where appropriate in order to express quote detail. Early termination fees, if applicable, must be provided, and may be presented in a separate document.

Partial quotes will not be accepted. Multiple quotes may be submitted provided the initial quote satisfies all minimum requirements; all subsequent quotes shall be submitted separately for ease of government evaluation.

Statement of Need

1. SCOPE

The Department of Veterans Affairs, West Texas VA Health Care System (WTVAHCS), located in Big Spring, Texas, requires the lease of an automated pharmaceutical storage and dispensing system, to securely house pharmaceuticals throughout the facility. The intent of the system is to safely and securely store pharmaceuticals, including controlled substances and narcotics to be dispensed by authorized personnel only. The system shall be capable of patient specific drug/dosage dispensing and monitoring. The system shall also be capable of distinguishing user security access at the time of dispensing, in order to minimize drug diversion opportunities.

This procurement will be conducted under the authority of Federal Acquisition Regulation (FAR) Parts 12 – Acquisition of Commercial Items, and 13 – Simplified Acquisition Procedures. Quotes will be evaluated, based upon the evaluation criteria, using Lowest Price Technically Acceptable (LPTA) methodology without exchanges. The government intends to issue a firm-fixed-price purchase order. The government anticipates the period of performance to begin upon completion of installation and government acceptance and to consist of a twelve (12) month base period, and up to four (4) option periods of twelve (12) months each, subject to the availability of funds.

2. REQUIREMENT

The contractor shall provide all equipment, an inventory management system, all maintenance, and technical support for a secure automated pharmaceutical storage and dispensing system. The system will successfully transmit data to a primary and secondary location, and unit locations throughout the facility. The system shall be capable of full system interface capabilities with the currently installed Talyst (ATDPS Talyst AutoPack, model number: JV-400SL6) unit dose packaging equipment, and VA information systems Vista and CPRS.

3. EQUIPMENT SPECIFICATIONS

The equipment quoted must be new or unused; the government will not accept used or refurbished equipment or parts.

The automated pharmaceutical storage and dispensing system shall include the following. This list represents the minimum requirements (cabinets may be supplemented with auxiliary equipment to satisfy drawer/compartment minimum); exact equipment and quantities subject to change through modification. Alternate equipment types (combination solutions, substitution solutions, etc.) may be quoted, provided that equipment fits within available space and meets minimum capacity specifications.

Pharmaceutical access is defined as Manual Authorization (MA) or Non-Manual Authorization (Non-MA). MA provides that drug access requests are manually approved by the Pharmacy Service before dispensing by the equipment. Non-MA provides that the prescription profile is not required within the equipment system, and does not require manual approval by the Pharmacy Service at time of dispensing. MA is used for medication safety, security, and to assists in the prevention of diversion. Non-MA is required by certain clinical areas for immediate dispensing of pharmaceuticals.

a. Building 1, Room 110 (Urgent Care, Non-MA):

i. One (1) stand-alone cabinet.

· Thirteen (13) or more drawers.

· With ten (10) or more high security compartments.

ii. One (1) tower/tall unit, with four (4) doors.

iii. Medication label printer.

b. Building 1, Room 506A (CLC Central, MA):

i. One (1) stand-alone cabinet.

· Thirteen (13) or more drawers.

· With ten (10) or more high security compartments.

ii. One (1) tower/tall unit, with four (4) doors.

iii. Medication label printer.

c. Building 1, Room 506B (CLC East, MA):

i. One (1) stand-alone cabinet.

· Six (6) or more drawers.

· With five (5) or more high security compartments.

d. Building 1, Room 201 (Dental Hallway, Non-MA):

i. One (1) table-top/small unit.

· Two (2) or more drawers.

· With one (1) or more high security compartments.

e. Building 1, Room 322 (Eye Clinic, Non-MA):

i. One (1) table-top/small unit.

· Two (2) or more drawers.

· With one (1) or more high security compartments.

f. Building 1, Room 294 (PACU, Non-MA):

i. One (1) table-top/small unit.

· Two (2) or more drawers.

· With one (1) or more high security compartments.

ii. One (1) tower/tall unit, with four (4) doors.

g. Building 1, Room 126 (Outpatient Clinic, Non-MA):

i. One (1) stand-alone cabinet.

· Six (6) or more drawers.

· With five (5) or more high security compartments.

h. Domiciliary, Room 170 (Domiciliary, MA):

i. One (1) stand-alone cabinet.

· Six (6) or more drawers.

· With five (5) or more high security compartments.

i. Building 1, Room 91 (Pharmacy):

i. System server, interface, analytics, and controls.

· May be housed within the Pharmacy, in available space. Or may be housed within the Office of Information & Technology (OI&T), Building 4 Server Room.

j. Each storage and dispensing stand-alone cabinet and table-top/small unit must include a minimum of one (1) barcode scanner to be used when loading pharmaceuticals. Barcode scanners shall be capable of both 1D and 2D reading and shall be fully integrated with the cabinets for the purposes of inventory management and product loading. Wireless integration of barcode scanners will be considered acceptable.

k. Each storage and dispensing stand-alone cabinet and table-top/small unit must include a functional bio-ID fingerprint scanner, capable of recognizing individual fingerprints and restricting security access levels.

l. All facility site licenses and all appropriate software, to include standard software updates, shall be included.

4. EQUIPMENT LOCATIONS

All equipment must be installed within exiting available space; no alterations to real property will be authorized. Exact room locations subject to change. All measurements represent maximum available space (Height, Width, and Depth). Equipment larger than measurements outlined below are not acceptable.

a. Building 1, Room 110 (Urgent Care): 80” H, 83” W, 33” D

b. Building 1, Room 506A (CLC Central): 82” H, 86” W, 33” D

c. Building 1, Room 506B (CLC East): 82” H, 42” W, 33” D

d. Building 1, Room 201 (Dental Hallway): 59” H, 36.5” W, 30” D

e. Building 1, Room 322 (Eye Clinic): 82” H, 42” W, 33” D

f. Building 1, Room 294 (PACU): 82” H, 82” W, 30” D

g. Building 1, Room 126 (Outpatient Clinic): 82” H, 32” W, 32” D

h. Domiciliary, Room 170 (Domiciliary): 82” H, 64” W, 33” D

i. Building 1, Room 91 (Pharmacy): 90” H, 36” W, 40” D

i. May be housed within the Pharmacy, in the available space. Or may be housed within OI&T, Building 4, server room, where this size restriction does not apply.

5. MAINTENANCE AND SUPPORT

The contractor assumes all responsibility and physical work for the maintenance and repair of the provided equipment. Government Biomedical Engineering staff will not provide maintenance or repairs in any way, shape, or form, and will not be required to touch any part of the contractor owned equipment.

a. Preventive Maintenance:

i. The contractor shall provide and perform preventive maintenance as is outlined by the original equipment manufacturer’s (OEM) maintenance guidelines (not to include government performance, as Biomedical Engineering staff will not perform any maintenance functions).

ii. The contractor shall schedule maintenance with the Contracting Officer Representative (COR) prior to work.

b. Support and Repairs:

i. The CO, COR, or Pharmacy Chief are authorized to schedule repair services.

ii. The contractor shall provide a telephonic response to the facility concerning repairs within three (3) hours of initial request. The contractor shall supply a toll-free telephone number for telephonic communications.

iii. The contractor shall provide on-site service within twenty-four (24) hours, coordinated with the COR or Pharmacist Chief.

c. Maintenance Reports:

i. Upon completion of maintenance or repairs the contractor shall provide a written document or report, detailing the work performance, to the COR. This report may be provided electronically, but not more than three (3) business days after performance is completed.

6. TRAINING

The contractor shall provide training upon completion of installation to the COR, approximately four (4) Pharmacy users, and approximately thirty-five (35) clinical users. Ongoing training shall be made available through the use of web-based training, video/CD/DVD provided training, or user operation manuals.

7. REPORTS

The quoted system shall be capable of providing an array of reports to include the following minimum requirements:

a. Inventory Management Report: Refill deliveries, medications ordered, medications that are below the minimum levels set, medications that are out of stock, stock summary, items loaded, inventory per equipment unit, and all orders by medication.

b. Activity Report: Equipment events, loading and unloading, discrepancies, waste, returns, refills, inventory verification, user details, and override activities.

c. System Report: Login activities, bio-ID information, equipment logs, temperature logs and history, patient profiles, formulary, user information, patient information, devices, statistics, and override groups.

d. The government would prefer the ability to customize reports; however, this is not a minimum requirement for technical acceptability.

8. DELIVERY

Delivery shall be made to:

West Texas VA Health Care System (WTVAHCS) Pharmacy Service 300 Veterans Blvd.

Big Spring, TX 79720

FOB Destination

Delivery and installation shall be completed within one hundred-eighty (180) days After Receipt of Order (ARO), or sooner.

9. PERIOD OF PERFORMANCE

Delivery and installation shall be completed prior to the beginning of the lease term. The government intends to procure a sixty (60) month lease, with options exercised subject to the availability of funds. No guarantee of funds is given.

The government anticipates the following:

10. INVOICE INFORMATION

a. The contractor shall submit all invoices in arrears.

b. Invoices shall be submitted electronically through to OB10 website: http://www.ob10.com/us/en/#&panel1-1.

c. Payment will be made by VA FSC, Austin, Texas 30 days after receipt of a proper invoice.

d. General information to be included on invoices:

i. Submission of a proper invoice including facility name, address, and phone number.

ii. Type of service performed/products provided.

iii. Date(s) of service/order/delivery.

11. GOVERNMENT FURNISHED PROPERTY

There will be no Government Furnished Property (GFP) provided to the contractor.

12. SITE VISITS

Site visits will be conducted prior to the closing of the solicitation. Site visits are to be scheduled with the Point of Contact, Jessica Roman. At no time will a contractor be permitted to conduct unscheduled or unaccompanied site visits. Site visits are encouraged, but in no way mandatory.

13. SECURITY

The C&A requirements do not apply, and a Security Accreditation Package is not required.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Contract Period: Base POP Begin:

POP End:

Contract Period: Base POP Begin:

POP End:

Contract Period: Base POP Begin:

POP End:

Contract Period: Base POP Begin:

POP End:

Contract Period: Base POP Begin:

POP End:

Contract Period: Option 1 POP Begin:

POP End:

Contract Period: Option 1 POP Begin:

POP End:

Contract Period: Option 1 POP Begin:

POP End:

Contract Period: Option 1 POP Begin:

POP End:

Contract Period: Option 1 POP Begin:

POP End:

Contract Period: Option 2 POP Begin:

POP End:

Contract Period: Option 2 POP Begin:

POP End:

Contract Period: Option 2 POP Begin:

POP End:

Contract Period: Option 2 POP Begin:

POP End:

Contract Period: Option 2 POP Begin:

POP End:

Contract Period: Option 3 POP Begin:

POP End:

Contract Period: Option 3 POP Begin:

POP End:

Contract Period: Option 3 POP Begin:

POP End:

Contract Period: Option 3 POP Begin:

POP End:

Contract Period: Option 3 POP Begin:

POP End:

Contract Period: Option 4 POP Begin:

POP End:

Contract Period: Option 4 POP Begin:

POP End:

Contract Period: Option 4 POP Begin:

POP End:

Contract Period: Option 4 POP Begin:

POP End:

Contract Period: Option 4 POP Begin:

POP End:

B.3 DELIVERY SCHEDULE

Pharmacy Service 300 Veterans Blvd.

Big Spring, TX 79720 5566

USA

Pharmacy Service 300 Veterans Blvd.

Big Spring, TX 79720 5566

USA

Pharmacy Service 300 Veterans Blvd.

Big Spring, TX 79720 5566

USA

Pharmacy Service 300 Veterans Blvd.

Big Spring, TX 79720 5566

USA

Pharmacy Service 300 Veterans Blvd.

Big Spring, TX 79720 5566

USA

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12.00

12.00

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SECTION C - CONTRACT CLAUSES

C.1 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2017)

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

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

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

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

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

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

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

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

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

[x] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016) (Pub. L. 109–282) (31 U.S.C. 6101 note).

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

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

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

[x] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

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

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

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

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

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

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

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

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

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

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

[] (16) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2017) (15 U.S.C. 637(d)(4)).

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

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

[] (iv) Alternate III (NOV 2016) of 52.219-9.

[] (v) Alternate IV (NOV 2016) of 52.219-9.

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

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

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

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

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

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

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

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

[x] (26) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (OCT 2016) (E.O. 13126).

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

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

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

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

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

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

[x] (33)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

[] (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

[] (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).

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

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

[] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[] (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (OCT 2015) of 52.223-13.

[] (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-14.

[] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b).

[] (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-16.

[x] (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[] (47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[] (ii) Alternate I (JAN 2017) of 52.224-3.

[] (48) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).

[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate I (MAY 2014) of 52.225-3.

[] (iii) Alternate II (MAY 2014) of 52.225-3.

[] (iv) Alternate III (MAY 2014) of 52.225-3.

[x] (50) 52.225–5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[x] (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (52) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[] (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (56) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (57) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

[x] (58) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[] (59) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

[] (61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

[] (62)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

[] (ii) Alternate I (Apr 2003) of 52.247-64.

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

[] (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).

[] (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

[] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[] (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

[] (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

[] (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

[] (11) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

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

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

(iii) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities.

(iv) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(v) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vi) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

(vii) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

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

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xi) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

(xii)(A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E. O. 12989).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

(xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016)).

(xix) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xx)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xxi) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

C.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

(End of Clause)

C.3 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

(End of Clause)

C.4 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008)

The bidder or offeror agrees that if a contract is awarded to him/her, as a result of this solicitation, he/she will not advertise the award of the contract in his/her commercial advertising in such a manner as to state or imply that the Department of Veterans Affairs endorses a product, project or commercial line of endeavor.

(End of Clause) C.5 VAAR 852.203-71 DISPLAY OF DEPARTMENT OF VETERAN AFFAIRS HOTLINE POSTER (DEC 1992)

(a) Except as provided in paragraph (c) below, the Contractor shall display prominently, in common work areas within business segments performing work under VA contracts, Department of Veterans Affairs Hotline posters prepared by the VA Office of Inspector General.

(b) Department of Veterans Affairs Hotline posters may be obtained from the VA Office of Inspector General (53E), P.O. Box 34647, Washington, DC 20043-4647.

(c) The Contractor need not comply with paragraph (a) above if the Contractor has established a mechanism, such as a hotline, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports.

(End of Clause)

C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012)

(a) Definitions. As used in this clause—

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

(2) Designated agency office has the meaning given in 5 CFR 1315.2(m).

(3) Electronic form means an automated system transmitting information electronically according to the Accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests.

(4) Invoice payment has the meaning given in FAR 32.001.

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

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

(1) VA’s Electronic Invoice Presentment and Payment System. (See Web site at http://www.fsc.va.gov/einvoice.asp.)

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI). The X12 EDI Web site (http://www.x12.org) includes additional information on EDI 810 and 811 formats.

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

(e) Exceptions. If, based on one of the circumstances below, the contracting officer directs that payment requests be made by mail, the contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for:

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

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

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

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

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

(End of Clause)

C.7 VAAR 852.246-70 GUARANTEE (JAN 2008)

The contractor guarantees the equipment against defective material, workmanship and performance for a period of the term of the equipment lease, said guarantee to run from date of acceptance of the equipment by the Government. The contractor agrees to furnish, without cost to the Government, replacement of all parts and material that are found to be defective during the guarantee period. Replacement of material and parts will be furnished to the Government at the point of installation, if installation is within the continental United States, or f.o.b. the continental U.S. port to be designated by the contracting officer if installation is outside of the continental United States. Cost of installation of replacement material and parts shall be borne by the contractor.

(End of Clause)

C.8 VAAR 852.246-71 INSPECTION (JAN 2008)

Rejected goods will be held subject to contractors order for not more than 15 days, after which the rejected merchandise will be returned to the contractor's address at his/her risk and expense. Expenses incident to the examination and testing of materials or supplies that have been rejected will be charged to the contractor's account.

(End of Clause)

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SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

Records Management Language for Contracts The following standard items relate to records generated in executing the contract and should be included in a typical Electronic Information Systems (EIS) procurement contract:

1. Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

2. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

3. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT…