36C25722Q0229.pdf

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 77

671-22-2-153-0001

36C25722Q0229 01-24-2022

Rolando A Pasayan 210 694 6248 02-07-2022

8AM

Department of Veterans Affairs

VISN17 Network Contracting Activity

7400 Merton Minter Blvd. (10N17/90C)

San Antonio TX 78229

X 100

X

221310

30M

NET 30

N/A

X

STXVHCS

AUDIE L. MURPHY VAMC

SPS SERVICE

7400 MERTON MINTER

SAN ANTONIO TX 78229

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

See attached schedule for line items. Contractor will provide ALL items according to Terms and Conditions.

The Government intends to award a Firm Fixed Price.

See CONTINUATION Page x X x 1

Danise Burt

Contracting Officer

36C25722Q0229

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 INSTRUCTIONS TO OFFERORS

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

2018)

C.2 52.216-21 REQUIREMENTS (OCT 1995)

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

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...23

C.5 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.6 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN

2008)

C.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2020)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018)

E.3 52.216-1 TYPE OF CONTRACT (APR 1984)

E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.5 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

E.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.7 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (DEC 2019)

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

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:

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

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [x] Upon Receipt

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.

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

AMENDMENT NO DATE

STATEMENT OF WORK

PURPOSE:

Water Resources Company (WRC) will provide service for Deionized (DI) tanks to the sterile processing facilities listed below. Tank sizes may change to provide the most efficient service possible. Consumables are inclusive.

GOAL:

Audie Murphy SPS

Maintain VA’s reverse osmosis (RO) and distribution equipment. Review all logged daily readings to ensure all components are operating correctly. Provide DI and carbon tanks, scale inhibitor as required. Change out filters as required. Provide DI service tanks to three (3) sanitary sink within SPS.

Provide monthly service report.

Dental SPS

Maintain WRC’s rental equipment to provide DI water to sterile processing equipment as required. Includes scale inhibitor, DI and carbon tanks as required.

Kerrville SPS

Provide DI, carbon service tanks and filters as required. Provide quality report when tanks are exchanged.

Northwest Healthcare Center SPS

Provide DI, carbon service tanks and filters as required. Provide quality report when tanks are exchanged.

Requirements of the sterile processing facilities.

Audie Murphy

SPS must notify WRC when a DI quality light or audible alarm is triggered.

Daily readings are required to be documented and kept on file for WRC review.

WRC must be immediately notified if a reading is out of the acceptable range listed on the data log.

Dental sterile processing.

WRC must be notified if a quality indicator light is on.

Kerrville sterile processing

WRC must be notified if a quality indicator light is on.

Northwest Healthcare Center SPS

SPS must notify WRC when a DI quality light or audible alarm is triggered.

Daily readings are required to be documented and kept on file for WRC review.

WRC must be immediately notified if a reading is out of the acceptable range listed on the data log.

Water Quality and Equipment maintenance requirements must be compliant with the guidelines and parameters established by the Association for the Advancement of Medical Instrumentation (AAMI) Technical Information Report (TIR)34: 2014/(r)2017, “Water for the Reprocessing of Medical Devices” which is referenced in AAMI ST79:2017, “Comprehensive Guide to Steam Sterilization and Sterility Assurance in Health Care Facilities”.

These documents not only define the parameters to be monitored but also outline the frequency of quality testing and limits for the noted contaminants in utility water and critical water.

The expectation is to develop a monitoring process to ensure compliance with the defined compliance parameters and associated frequencies as outlined below.

The following AAMI TIR34 Table 1 provides the contaminants and the limits to be tested for. All VA Medical Centers must comply with this guidance for water quality limits.

Table 1—Categories and recommended levels of water quality for medical device reprocessing Type of Water

Utility Water Critical Water

Water Use Flushing/Washing/Rins ing

Final Rinse/Steam

Specifications:

Units

Hardness mg/L < 150³) < 1

Conductivity (mg/L = ppm) μS/cm < 500 < 10 pH4) 6 – 9 5 – 7

Chlorides mg/L < 250 < 1

Bacteria cfu/mL n/a < 10⁵ < 10

Endotoxin EU/mL n/a < 20⁵ < 10

The following is an abbreviated AAMI TIR34, Table 6 for water quality testing frequency that all Medical Centers must comply with as part of their critical water program for SPS.

Bacteria Monthly

Endotoxins On installation, modification, or repair of the critical water treatment system or when persistent increased microbial levels are detected by heterotrophic plate count

Total organic carbon (TOC) Monthly or quarterly pH Monthly

Water Hardness Annually

Resistivity Meter Daily

Ionic Contaminants Annually

Color or Turbidity Daily

Temperature Daily

Filters Daily

Rental equipment supplied to the Dental Sterile processing belongs to

WRC.

DI Service tanks and quality indicator lights belong to WRC. WRC is available for servicing equipment 24/7. The emergency service in this agreement only covers service call are completed Monday through Friday 8 AM - 5 PM excluding holidays. WRC will respond within 24 hours of a initial telephone call notification placed by either of the SPS facilities. Emergency services that are performed outside this time will be charged based on time and materials. For equipment that belongs to the Veterans Administration, WRC will have no obligation to repair or replace parts of parts that fail due to: external causes, including without limitation, accident, vandalism, natural disaster, acts-of-God, power failure, or electric power surges; Abuse, misuse, or neglect or use of unauthorized third party consumables or accessories; usage not in accordance with the product instructions; or servicing or repair not authorized by WRC.

1. Information System Officer, Information Protection: The contractor will not have access to VA Desktop computers they will not have access to online resources belonging to the government.

2. Privacy Officer: The Contractor will not have access to protected Patient Health

Information (PHI) nor will they have capability of accessing patient information during the services provided to the VA and if removal of equipment from the VA is required, any memory storage device will remain in VA control and will not be removed from VA custody. All research data available for Contractor analysis is de-identified.

3. Records Manager:

a. 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.

b. 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.

c. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or

Government records.

d. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

e. Contractor shall not create or maintain any records containing any Government

Agency records that are not specifically tied to or authorized by the contract.

f. The Government Agency owns the rights to all data/records produced as part of this contract.

g. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

h. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

i. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of

Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701.

Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

j. Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

DELIVERY:

S.T.V.H.C.S. – Logistics Service Warehouse

7400 Merton Minter Blvd.

San Antonio, TX 78229

B.2 INSTRUCTIONS TO OFFERORS

Evaluation Factors for Award

Solicitation issued as a total SDVOSB set-aside.

The vendor must be registered for NAICS 221310 in SAM to be eligible for award at the time of the response to this solicitation.

Quotations due 02/07/2022 at 08:00 A.M. CST.

Email quotes to rolando.pasayan@va.gov and danised.burt@va.gov

Point of Contact:

Rolando A Pasayan / Danise D. Burt

Contract Administrator

Regional Procurement Office West (RPO West)

Network Contracting Office 17 (NCO 17)

7400 Merton Minter Blvd. (10N17/90C)

San Antonio, TX 78229

Late quotes 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.

I. Basis of Award

The Government intends to award a contract resulting from this solicitation to the responsible offeror whose quote conforming to the solicitation meets or exceeds the Evaluation Criteria (See SOW). The quotes will be evaluated based on the evaluation factors listed below. The technical acceptability will be evaluated on an "acceptable" or "unacceptable" basis. The lowest price contractor will first be evaluated.

If determined to be technically “unacceptable,” the next lowest price response will be evaluated, and so on, until an offer is determined to be “acceptable.” The following areas will be evaluated:

1. Registered Services Disabled Veteran Owned Small business (SDVOSB) in VIP and SAMS.

2. Technical Acceptability (acceptable/unacceptable) mailto:rolando.pasayan@va.gov

3. Price

Factor 1: Vendors are a registered SDVOSB in VIP and SAMS.

Factor 2: Technical Acceptability – The contractor shall ensure they are able to meet all conformance standards in SOW.

Factor 3: Price – In this factor, price will be evaluated for reasonableness, completeness, and fairness by comparing the proposed prices with the Independent Government Estimate and prices proposed by other offerors.

In evaluating the offeror’s proposed price for this project. The techniques and procedures described under

FAR 12.209, Determination of Price reasonableness, will be the primary means of assessing proposal reasonableness.

Contractor shall provide prices on ALL line items listed on the Price/Cost Schedule. The schedule may be altered, or an alternate schedule used where appropriate in order to express quote detail.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVIC

ES

QUANTIT

Y

UNI

T UNIT PRICE AMOUNT

12.00 MO ________________

Dental SPS located at Data Point Facility, San Antonio, TX Provide and maintain the current RO & DI system with all maintenance requirements to maintain deionized water quality above sterilizer quality requirements. This includes all operating parts and equipment. Covers costs of emergency back-up systems. Monthly inspections and Quality Validation Reports are inclusive.

Contract Period: Base POP Begin: 03-29-2022 POP End: 03-28-2023

Kerrville Hospital SPS in Kerrville, TX Supply DI services for direct feed sterile processing equipment and one (1) remotely located sink. Service and preventative maintenance to be provided monthly. Covers costs of emergency back-up systems. Monthly inspections and Quality Validation Reports are inclusive.

Contract Period: Base

Audie Murphy SPS in San Antonio, TX sterile processing water purification system program. Services included with monthly cost to fully maintain water purification system to boiler feed standards. Covers costs of all chemical, expendables, all defective parts, and all labor. Covers costs of emergency back-up systems. Monthly inspections and Quality Validation Reports are inclusive.

Contract Period: Base

Northwest Health Clinic located in San Antonio, TX. Provide and maintain the current RO & DI system with all maintenance requirements to maintain deionized water quality above sterilizer quality requirements. This includes all operating parts and equipment. Covers costs of emergency back-up systems.

Monthly inspections and Quality Validation Reports are inclusive.

Contract Period: Base

Dental SPS located at Data Point Facility, San Antonio, TX Provide and maintain the current RO & DI system with all maintenance requirements to maintain deionized water quality above sterilizer quality requirements. This includes all operating parts and equipment. Covers costs of emergency back-up systems. Monthly inspections and Quality Validation Reports are inclusive.

Contract Period: Option 1 POP Begin: 03-29-2023 POP End: 03-28-2024

Kerrville Hospital SPS in Kerrville, TX Supply DI services for direct feed sterile processing equipment and one (1) remotely located sink. Service and preventative maintenance to be provided monthly. Covers costs of emergency back-up systems. Monthly inspections and Quality Validation Reports are inclusive.

Contract Period: Option 1

12.00 MO ________________ ________________

Audie Murphy SPS in San Antonio, TX sterile processing water purification system program. Services included with monthly cost to fully maintain water purification system to boiler feed standards. Covers costs of all chemical, expendables, all defective parts, and all labor. Covers costs of emergency back-up systems. Monthly inspections and Quality Validation Reports are inclusive.

Contract Period: Option 1

Northwest Health Clinic located in San Antonio, TX. Provide and maintain the current RO & DI system with all maintenance requirements to maintain deionized water quality above sterilizer quality requirements. This includes all operating parts and equipment. Covers costs of emergency back-up systems.

Monthly inspections and Quality Validation Reports are inclusive.

Contract Period: Option 1

Dental SPS located at Data Point Facility, San Antonio, TX Provide and maintain the current RO & DI system with all maintenance requirements to maintain deionized water quality above sterilizer quality requirements. This includes all operating parts and equipment. Covers costs of emergency back-up systems. Monthly inspections and Quality Validation Reports are inclusive.

Contract Period: Option 2 POP Begin: 03-29-2024 POP End: 03-28-2025

Kerrville Hospital SPS in Kerrville, TX Supply DI services for direct feed sterile processing equipment and one (1) remotely located sink. Service and preventative maintenance to be provided monthly. Covers costs of emergency back-up systems. Monthly inspections and Quality Validation Reports are inclusive.

Contract Period: Option 2

Audie Murphy SPS in San Antonio, TX sterile processing water purification system program. Services included with monthly cost to fully maintain water purification system to boiler feed standards. Covers costs of all chemical, expendables, all defective parts, and all labor. Covers costs of emergency back-up systems. Monthly inspections and Quality Validation Reports are inclusive Contract Period: Option 2

Northwest Health Clinic located in San Antonio, TX. Provide and maintain the current RO & DI system with all maintenance requirements to maintain deionized water quality above sterilizer quality requirements. This includes all operating parts and equipment. Covers costs of emergency back-up systems.

Monthly inspections and Quality Validation Reports are inclusive.

Contract Period: Option 2

Dental SPS located at Data Point Facility, San Antonio, TX Provide and maintain the current RO & DI system with all maintenance requirements to maintain deionized water quality above sterilizer quality requirements. This includes all operating parts and equipment. Covers costs of emergency back-up systems. Monthly inspections and Quality Validation Reports are inclusive.

Contract Period: Option 3 POP Begin: 03-29-2025 POP End: 03-28-2026

Kerrville Hospital SPS in Kerrville, TX Supply DI services for direct feed sterile processing equipment and one (1) remotely located sink. Service and preventative maintenance to be provided monthly. Covers costs of emergency back-up systems. Monthly inspections and Quality Validation Reports are inclusive.

Contract Period: Option 3

Audie Murphy SPS in San Antonio, TX sterile processing water purification system program. Services included with monthly cost to fully maintain water purification system to boiler feed standards. Covers costs of all chemical, expendables, all defective parts, and all labor. Covers costs of emergency back-up systems. Monthly inspections and Quality Validation Reports are inclusive.

Contract Period: Option 3

Northwest Health Clinic located in San Antonio, TX. Provide and maintain the current RO & DI system with all maintenance requirements to maintain deionized water quality above sterilizer quality requirements. This includes all operating parts and equipment. Covers costs of emergency back-up systems.

Monthly inspections and Quality Validation Reports are inclusive.

Contract Period: Option 3

Dental SPS located at Data Point Facility, San Antonio, TX Provide and maintain the current RO & DI system with all maintenance requirements to maintain deionized water quality above sterilizer quality requirements. This includes all operating parts and equipment. Covers costs of emergency back-up systems. Monthly inspections and Quality Validation Reports are inclusive.

Contract Period: Option 4 POP Begin: 03-29-2026 POP End: 03-28-2027

Kerrville Hospital SPS in Kerrville, TX Supply DI services for direct feed sterile processing equipment and one (1) remotely located sink. Service and preventative maintenance to be provided monthly. Covers costs of emergency back-up systems. Monthly inspections and Quality Validation Reports are inclusive Contract Period: Option 4

Audie Murphy SPS in San Antonio, TX sterile processing water purification system program. Services included with monthly cost to fully maintain water purification system to boiler feed standards. Covers costs of all chemical, expendables, all defective parts, and all labor. Covers costs of emergency back-up systems. Monthly inspections and Quality Validation Reports are inclusive.

Contract Period: Option 4

Northwest Health Clinic located in San Antonio, TX. Provide and maintain the current RO & DI system with all maintenance requirements to maintain deionized water quality above sterilizer quality requirements. This includes all operating parts and equipment. Covers costs of emergency back-up systems.

Monthly inspections and Quality Validation Reports are inclusive.

Contract Period: Option 4

GRAND TOTAL ________________

B.3 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY

DELIVERY

DATE

0001-

SHIP TO: Audie L. Murphy VAMC 7400 Merton Minter Blvd

DELIVER TO: SPS SERVICE JACK

MAZICK

San Antonio, TX 78229 4404

USA

ALL POP: 3/29/22-

3/28/23

MARK

FOR:

JACK MAZICK

210 617 5300 X14849

JACK.MAZICK@VA.GOV

1001-

SHIP TO: Audie L. Murphy VAMC 7400 Merton Minter Blvd

DELIVER TO: SPS SERVICE JACK

MAZICK

ALL POP: 3/29/23-

3/28/24

MARK

FOR:

JACK MAZICK

2001-

SHIP TO: Audie L. Murphy VAMC 7400 Merton Minter Blvd

ALL POP: 3/29/24-

3/28/25

DELIVER TO: JACK MAZICK

MARK

FOR:

JACK MAZICK

3001-

SHIP TO: Audie L. Murphy VAMC 7400 Merton Minter Blvd

DELIVER TO: SPS SERVICE JACK

MAZICK

ALL POP: 3/29/25-

2/28/26

MARK

FOR:

JACK MAZICK

4001-

SHIP TO: Audie L. Murphy VAMC 7400 Merton Minter Blvd

DELIVER TO: SPS SERVICE JACK

MAZICK

ALL POP: 3/29/26-

3/28/27

MARK

FOR:

JACK MAZICK

SECTION C - CONTRACT CLAUSES

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

ITEMS (OCT 2018)

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

Government must exercise its post-acceptance rights—

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

and

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims

Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the

Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

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

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the

Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the

Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

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

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

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

(i) Payment.—

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt

Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-

5(b) for the appropriate EFT clause.

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

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

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

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

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

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

(D) Contractor point of contact.

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

Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the

Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the

Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The

Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the

Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain

Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and

41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with

Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service

(TOS), or similar legal instrument or agreement, that includes any clause requiring the

Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

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

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

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

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

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

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.2 52.216-21 REQUIREMENTS (OCT 1995)

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

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

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

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

Government activity or activities specified in the Schedule.

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

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

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

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

(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 30 days of contract expiration.

(End of Clause)

C.4 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 of contract expiration; 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 one (5) year.

(End of Clause)

C.5 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT

REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

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

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(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; and

(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 at the current website address provided in the contract.

(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).

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

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), 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.6 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS

(JAN 2008)

The contracting officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee's authority. A copy of the designation shall be furnished to the contractor.

(End of Clause)

C.7 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/

FAR

Number

Title Date

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

JAN 2011

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

JUL 2016

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL DEC 2013

BUSINESS SUBCONTRACTORS

852.203-70 COMMERCIAL ADVERTISING MAY 2018

(End of Addendum to 52.212-4)

C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS

(JAN 2020)

(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) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L.

115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 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…