36C25718Q0604-001.docx

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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

674-18-1-5065-0073 36C25718Q0604 07-13-2018

ROBERT KELLEY

210-694-6312 07-31-2018 Department of Veterans Affairs VISN17 Network Contracting Activity 7400 Merton Minter Blvd. (10N17/90C) San Antonio TX 78229 X X 517919 $32.5 Million X N/A X Olin E. Teague Veterans Medical Center 1901 Veterans Memorial Drive Temple TX 76504 Department of Veterans Affairs VISN17 Network Contracting Activity 7400 Merton Minter Blvd. (10N17/90C) San Antonio TX 78229

This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.

(877) 353-9791

(512) 460-5540 See CONTINUATION Page Project Title: PATIENT WIFI SOLUTION See enclosed Statement of Work This acquisition is 100% Set-Aside for SDVOSB See Price/Cost Schedule Enclosed See CONTINUATION Page X X X 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 36C257

Department of Veterans Affairs VISN17 Network Contracting Activity 7400 Merton Minter Blvd. (10N17/90C) San Antonio TX 78229

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.

This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.

B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

DESIGN: GUEST WI-FI

**See: Statement of Work** Contracting Officer Representative (COR): Billie R. McLaughlin Jr Phone: 254-733-1767 Email: Billie.McLaughlin1@va.gov

Contract Period: Base POP Begin: 08-15-2018 POP End: 02-01-2019

PARTS: GUEST WI-FI

Contracting Officer Representative (COR): Billie R. McLaughlin Jr

LABOR: GUEST WI-FI

Contracting Officer Representative (COR): Billie R. McLaughlin Jr

Statement of Work (SOW)

Contracting Officer Representative: Billie R. McLaughlin Jr Phone: 254-733-1767 Email: Billie.McLaughlin1@va.gov

SITE VISIT: 07/24/2018 @ 1030

Meeting Location: Front Lobby by Valet Parking

Site Visit: Scheduled for 07/24/2018 @ 1030.

POC: Billie McLaughlin Jr 254-743-2638 1901 Veterans Memorial Drive Temple, TX 76504

Contractors are to submit offers to Robert Kelley @ robert.kelleyii@va.gov by closing date.

Veteran Affairs Temple Texas (VACTX) wishes to purchase a Guest Wireless (Wi-Fi) solution with a vendor for the installation and service (customer, support, and maintenance) at the Olin E. Teague, 1901 Veterans Memorial Drive, Temple, TX 76504.

The Contractor shall provide hardware, software, and services necessary to deploy an air gapped, separate, fully operational Guest Internet Access (wireless) Network to include wireless access points, switches, controllers, cable plant, security, content and application filtering, and Internet Service Provider (ISP) services. VA CTX is estimating usage at approximately 4000 concurrent users covering all patient, guest and common access areas of the facility. The guest wireless shall operate independently from the VA CTX OI&T wireless network and be fully maintained on site.

General Conditions General Operation

1. On-Site assembly and installation of items, and performance of services identified in this document will take place during normal business hours which are defined as: 0730 to 1600 Central Standard Time), Monday through Friday, and excluding Federal Holidays. Some Areas will require evening or weekend work due to patient care.

2. The vendor will protect all finished spaces and surfaces at no additional cost to VA CTX. The vendor will be responsible for paying for and repairing any damage or noted deficiencies to finished spaces and surfaces that occur as a result of the vendor’s (or associated sub-contractors) installation.

3. Prior to starting work, the vendor and associated personnel (including subcontractors) will be required to attend a general contractor’s site safety training program, and adhere to its Personal Protective Equipment (PPE) requirements. The length of the training is approximately 1 hours. A minimum 10 hours OSHA Safety Training is required prior to taking the on-site safety training.

4. Vendor shall provide at least two copies of User and service manual for network hardware. Electronic versions are acceptable.

5. Vendor shall be in compliance with all VA regulation and requirements for Guest Wifi.

6. The Vendor shall provide a warranty on all labor of 1 year and all parts that equal the manufactures warranty of the system.

Drawing Documents and Specifications

1. VA CTX will have the right to use, for all its purposes, all final design CAD drawings (including shop drawings, REVIT/CAD, or pdf drawings, etc.), specifications, and any other documentation submitted by the winning vendor at no additional cost to VA CTX. CAD drawings should include locations of all access points and major network hardware components

Procurement Specific Requirements Technical Requirements

Patient Guest Wi-Fi Overall System Requirements and Intent

1. The guest wireless solution will be operational throughout patient focused areas spanning throughout buildings 204 and 163 that are interconnected from the basement thru the 2 floor. The VA CTX expects to have up to 4000 concurrent users across designated patient care areas at the facilities’ busiest period accessing the Guest wireless network. The contractor shall use this usage estimate for planning considerations, hardware sizing, etc. to ensure an acceptable level of coverage, performance and reliability is achieved.

2. The scope of this requirement will include all necessary hardware, software, installation, training, and warranty required and/or as specified within this document. The coverage areas are as per attachment A (SEE PDF document combined)

3. The VA requires this system to provide Guest Wireless Network access services within all patient treatment locations as shown in the attached coverage area drawings. It is the intent of this installation to only cover patient and guest centric areas as shown on the coverage drawings.

4. It is the responsibility of the contractor to determine a proper network topology and an appropriate amount of managed switches, wireless access points to provide a fully functional system that meets the requirements of this section.

5. The Contractor shall provide any and all required managed wireless access points, controllers, switches, firewalls and routers supporting industry standard wireless and network protocols needed to provide a functional system.

6. The Contractor shall provide any and all hardware, cabling and hangers necessary for a complete and functional system that meets industry standard installation guidelines.

7. The system is to be based on the connection of managed wireless access points to contractor provided aggregation and edge Power over Ethernet (PoE) Ethernet switches which are interconnected via a core switch in BG04 of 204.

8. The system must be capable of blocking unwanted traffic with CIPA-compliant content filtering and must be capable of tracking devices that violate configured policies and ban them from the network. This feature must be capable of being disabled if desired.

9. The system must be capable of connecting to the Internet via multiple asymmetrical or symmetrical connections using fiber or RJ-45 Ethernet connections and be able to aggregate them together to provide increased bandwidth.

10. The system must provide all needed core networking services. The VA will not allow connection of this system to any VA network.

11. If the vendor solution requires an Active Directory or other LDAP directory services for client authentication (RADIUS 802.1x), then the vendor must provide all hardware and software necessary for said methods.

12. The system must support guest isolation to prevent devices from seeing each other. This feature must be capable of being disabled if desired.

13. The system shall be capable of network filtering of applications, devices or content. This feature shall be able to be turned on or off by the government.

14. The system shall be compliant with IEEE 802.11 standards and offer access to a wide-range of patient and visitor owned devices to include Windows, Apple, Linux, as well as smart phones and tablet computers.

15. The system shall provide the ability for content filtering for internet access to include but not limited to gambling, pornography, and soliciting, vending, debt collection. All content filtering must be CISPA compliant. Contractor is to submit for approval to the VA a list of content filtering settings to be applied.

16. Due to the potential for interference of the Guest Wireless with other medical center wireless installations all power levels and non-overlapping channel choices shall remain static. This system must always take the lowest precedence in choices of power and channel settings when the VA OI&T Wi-Fi, medical Telemetry, and other wireless systems that come online.

17. The Contractor shall provide a site survey to include the effective range boundary and the minimum signal to noise ratio needed to support the wireless system. The VA will review the site survey with the ability to approve or reject prior to commencement of the project.

18. The contractor will provide coverage maps of the system design and the installation design of the solution.

19. The Contractor shall adhere to the standards outlined by the National Fire Protection Association (NFPA-101 Life Safety Code). See 3.4 for further detail.

20. The system must support a full accounting of all traffic and number of devices on the system and maintain a record of this for 12 months.

Coverage Areas

1. The intent of the design is to provide wireless Internet access to patients and guests only in designated areas that are focused on patient care and guest services.

2. Staff, maintenance and hospital service area coverage is not directly intended to be covered except as shown on the drawings. Elevators and staircases are not covered.

Management Interface

1. The system must provide a central accessible dashboard for monitoring system health, usage, configuration, logging and alerts. A cloud hosted solution is not acceptable.

Network Switches

1. Switches must be capable of at least 1 gigabit to each edge device.

2. Switches greater than 8 ports must support 10GB uplinks to an aggregation switch. The contractor must determine the needed uplink bandwidth and appropriate physical media necessary for connection to the aggregation switch in the Prime TR to ensure adequate throughput.

3. Switches must be capable of multiple layer network operation, for devices that require internet to be install on a separate VLAN.

4. Each Switch connection to the Prime TR Aggregation Switch can be either over a contractor installed a CAT6A 10GBASE-X SFP+ GBIC riser or using a contractor installed fiber or fiber jumpers. The contractor is allowed to choose between 1GB, 10GB over CAT6A Copper 10GBASE-X or fiber for uplinks between switches and the aggregation switch.

5. Each switch shall provide continuous power to each WAP.

6. Devices have no special environmental concerns and are expected to operate within normal commercial environmental conditions.

Access Points

1. Each access point must be directly powered via Power over Ethernet (PoE) over CAT6 cable from a provided PoE switch. Power injectors are not allowed.

2. Each access point must be capable broadcast at both 5GHz and 2.4GHz frequencies simultaneously using concurrent 802.11ac and 802.11abgn 3x3:3 MU-MIMO radios.

3. The system must be set to recognize other VA wireless systems (VA OI&T Wifi, medical Telemetry as an example) as known and not attempt to isolate it.

4. Each access point must support at least 1,300 Mbps in the 5 GHz band and 600 Mbps in the 2.4 GHz band.

5. Access points shall be compatible with all industry standard wireless protocols including but not limited to IEEE 802.11a/b/g/n/ac

6. The Contractor shall perform heat mapping analysis to identify optimum installation locations for access points.

System Security The contractor shall provide system security features as follow:

1. The Contractor’s solution shall provide for Layer 1 physical air gapped isolation to provide isolation from any other network within each facility.

2. The Contractor shall provide an introduction page with usage agreements for acknowledgement at the time of login with information on the program, rules and restrictions and usage agreements. If no agreement acknowledgement is received from the user, access shall be denied. [Users of the guest access must acknowledge that they are aware of the risk of using a public network]

3. Content Filter Service shall include but not limited to:

· The system shall include the capability of limiting guests from accessing inappropriate websites.

· The system shall include a Process of Change for VACTX System Administrator to edit the content filter list.

· The system shall contain a single interface to administer content filtering.

· The system shall implement CIPA Compliant filtering

· The system shall support pre-packaged content filtering categories (e.g. Adult, Nudity, Gambling, etc.). Security violations are to be included in the Quarterly Utilization Report.

· A review of all settings regarding security, content filtering, white and black lists, access control policies, throttling will be submitted to the VA COR for review prior to implementation.

Reliability

1. The Contractor shall be responsible for maintaining the operation of the hardware and all infrastructures during the period of installation and warranty time frame.

Installation Requirements

The Installation requirements are:

1. The Contractor shall procure all equipment and installation services necessary for the complete installation of the wireless network at the Temple Facility.

2. The Contractor shall perform all Installation and Configuration necessary to complete the work. All installation activities shall be executed in accordance with the detailed project plan and schedule. The Contractor shall perform the installation in accordance with the technical requirements outlined in this document.

3. The Contractor shall install, verify, and validate the technical requirements identified in this document. The COR will inspect and approve the Contractor’s work performance before VA acceptance is granted for the wireless guest network.

4. The Contractor shall be responsible for the design, configuration and installation of all cabling, access points, cradle points, switches and other equipment needed for the VA public access network. All cable and fibers used for this service shall become the property of the VA after inspection and acceptance.

5. The Contractor shall be responsible for assessing for all required cabling, switches and other equipment needed for installing their solution.

6. The Contractor shall submit a plan for approval by VA of all hardware and fasteners, as well as cable routing pathways. Plan will be submitted within 30 days of the contract award.

Cabling Requirements

1. The vendor must provide all necessary fiber and CAT6 cables needed for system functionality.

2. All access points will be installed using standard horizontal cabling methods. The use of patch cables will be only between switch and patch panel and between horizontal termination block and the access point.

3. All UTP patch panels, horizontal cabling and patch cables will be CAT6.

4. The Contractor shall use a consistent cabling color scheme of Pink cabling for Guest Wireless Access Point cabling throughout the Guest Wireless Network deployment.

5. The vendor shall be responsible for cable management, labeling of all network cables, cables, ports, etc. associated with the guest wireless installation.

6. Existing cable trays and/or raceways, where available, may be used for cable distribution. For locations where cable trays are not available, cabling shall be fastened with appropriate fasteners to ensure a secure and neat installation. Where cable penetrates fire and smoke walls that do not have existing cable trays, compression or metal sleeve shall be installed in accordance with NFPA-101 Life Safety Code using approved fire stop material to seal all penetrations.

7. Laying of wiring on suspended ceilings will not be permitted. Contractors shall be responsible for identifying any architectural deficiencies in advance (e.g. broken ceiling tiles, improper penetrations, etc.) prior to installation and shall be responsible for correcting any broken ceiling tiles and (e.g. Smoke and Fire wall) penetrations in accordance with approved ANSI/UL (e.g. UL1479) Fire stop requirements. Inspections will be conducted and enforced post installation.

Cabling Requirements

1. The contractor shall take digital photographs before and after action activities to all disruption of smoke or fire wall. Activity includes but not limited to, core drill, breakage or removal of fire stop, and broken ceiling tiles. The Government will not sign off on the final invoice until this task is completed.

2. The Contractor must comply with all relevant standards and building codes including but not limited to:

· Federal Specifications (Fed. Spec.): A-A-59544-00 Cable and Wire, Electrical (Power, Fixed Installation)

· National Fire Protection Association (NFPA):

· 70-05 National Electrical Code (NEC)

· Underwriters Laboratories, Inc. (UL): 44-02. Thermoset-Insulated Wires and Cables 83-03 Thermoplastic-Insulated Wires and Cables 467-01 Electrical Grounding and Bonding Equipment

· 486A-01 Wire Connectors and Soldering Lugs for Use with Copper Conductors

· NFPA 70: National Electric Code

· NFPA 101: Life Safety Code.

· Occupational Safety and Health Act (OSHA).

· Building Industry Consulting Services International; Telecommunications Distribution Methods Manual

· ANSI/EIA/TIA-526-14 “Method B: Optical Power Loss Measurements of Installed Multimode Fiber Cable Plant”.

· ANSI/EIA/TIA-526-7 “Method 1: Optical Power Loss Measurements of Installed Single-mode Fiber Cable Plant”.

· ANSI/TIA/EIA-606-A – “Administration Standard for the Telecommunications Infrastructure of Commercial Buildings”.

· FCC – Part 67, for Communications Interconnection Devices

Project Management Plan

1. The Contractor shall draft a Contractor Project Management Plan (CPMP) that lays out the Contractor’s approach and timeline to be used in execution of the contract. The CPMP should take the form of both a narrative and graphic format that displays the schedule, milestones, risks and resource support. The CPMP shall include the contractor’s plans for managing all subcontractors. Topic areas to be addressed shall include oversight and communications with subcontractors while onsite. The CPMP shall also include how the Contractor shall coordinate and execute planned, routine, and ad hoc data collection reporting requests as identified. The initial baseline CPMP shall be concurred upon and updated monthly thereafter. The Contractor shall update and maintain the VA Contracting Officer’s Representative (COR) approved CPMP throughout the period of performance.

2. The CPMP include but not limited to:

· Project Schedule to include Milestones, Deliverables, and Critical Path

· Verification & Validation (V&V) Plan

· Training Plan (System Administrator and Guest Training material)

· Risks Management Plan (e.g.: RF interference, wall penetration)

· Operations & Maintenance Plan (See Section 4 for further Detail)

· Project Closeout Activities/Procedures

Reporting Requirements

1. The Contractor shall remain in contact with the VA Cor and provide week reports on the installation progress and any issues that may arise.

2. The Contractor will send partial payment request to the COR for approval.

Verification and Validation Requirement (Testing)

1. The Contractor shall perform testing following installation to ensure access points and wireless service are functioning at an optimal performance.

2. The Contractor shall discuss and confirm suggested speed test criteria in Testing Requirement 1 with the VA COR.

3. The Contractor shall provide a Post-Installation Survey Heat Map, which will show where the access points are located and that they are functioning.

4. The Contractor shall test for interference with existing medical center systems.

5. The Contractor shall provide a final test plan that includes updates addressing any comments provided by the VA to the draft test plan.

6. The contractor will provide a copy of all reports to the COR either electronically or printed.

Project Estimate Time Line

1. Phase I: System Design. Expected Start Date: As soon as contract Award

2. Phase II: Installation of cables, Expect Start Date: As soon as Phase I complete

3. Phase III: Installation of Network gear and WAP. Expected Start Date per Building:

4. Phase IV: Validation, Verification CON complete date.

Training Requirement

1. The contractor shall provide full system administrator training to the VACTX Electronic Engineering staff. Training at the minimum will include first look troubleshooting, system reboot with the full understanding of the system network, administrating content filter and switch management.

2. Training for VA Guest shall be delivered through a brief writing instruction that can be reprint.

Maintenance During the Warranty

1. Maintenance and support will begin after the installation and testing, Phase IV, is completed and accepted by the VA site.

2. The wireless Internet access shall be available to a user on a 24 hour per day basis except during maintenance.

3. Maintenance shall be scheduled so that there is little disruption to patient care

4. The Contractor shall provide on-site support when required by the VA within 24 hours.

5. The Contractor shall provide a 3 hour response time for trouble tickets entered through the technical support call center.

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN 2017)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

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

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

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

(End of Clause)

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days.

(End of Clause)

C.4 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause) C.5 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)

(a) Definition. For the Department of Veterans Affairs, “Service-disabled veteran-owned small business concern or SDVSOB”:

(1) Means a small business concern:

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans or eligible surviving spouses (see VAAR 802.201 Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans (or eligible surviving spouses) or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been verified for ownership and control pursuant to 38 CFR 74 and is so listed in the Vendor Information Pages database, (https://www.vip.vetbiz.gov); and

(v) The business will comply with subcontracting limitations in 13 CFR 125.6, as applicable

(2) “Service-disabled veteran” means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(b) General.

(1) Offers are solicited only from verified service-disabled veteran-owned small business concerns. Offers received from concerns that are not verified service-disabled veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation shall be made to a verified service-disabled veteran-owned small business concern.

(c) Agreement. A service-disabled veteran-owned small business concern agrees that in the performance of the contract, the concern will comply with the limitation on subcontracting requirements in 13 CFR §125.6.

(d) A joint…