36C25722Q1126_1.docx

36C25722Q1126

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. 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. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

674-22-3-3484-0295 36C25722Q1126 08-31-2022 Jesus Casiano 2106946243 09-06-2022

1:00PM

CDT

36C257 Department Of Veterans Affairs Network Contracting Office 17 5441 Babcock Road Ste. 302 San Antonio

TX

78240 X X 541512 $30 Million X N/A X 36C674 Department of Veterans Affairs Olin Teague Veterans Memorial Hospital 1901 Veterans Memorial Drive Temple

TX

76504 36C257 Department Of Veterans Affairs Network Contracting Office 17 5441 Babcock Road Ste. 302 San Antonio

TX

78240

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 CTX - Virtual Bedside Monitoring Due to 4th quarter, no additional questions will be accepted See "Instructions to Offerors" and revised Statement of Work for more details.

RFQ supersedes RFQ 36C25722Q0914.

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 Network Contracting Office 17

5441 Babcock Road Ste. 302 San Antonio TX 78240

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

3. INVOICES: Invoices shall be submitted in arrears:

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

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

Page 1 of Page 1 of Central Texas Veterans Health Care System Statement Of Work

A. GENERAL GUIDANCE

1. Title of Project: Virtual Patient Fall Monitoring and Fall Prevention System

2. Background: As part of the Department of Veteran Affairs (VHA) patient safety initiatives, the Central Texas Veterans Health Care System VA Healthcare System (CTVHCS) in Central Texas Veterans Health Care System, Texas currently employs traditional patient fall prevention mechanisms to reduce the incidence of patient falls. The CTVHCS is pursuing an intelligent video monitoring solution, to include virtual bed-side rails, which utilizes video cameras in all the patient rooms combined with sophisticated virtual motion detection software to indicate the likelihood of an upcoming patient fall. The use of this system facilitates continuous remote monitoring of patients by staff positioned at designated nurse stations. The use of this intelligent video monitoring and fall prevention system is expected to reduce the number of patient falls and increase the overall safety of CTVHCS patients.

The System consists of several technology components which are used to monitor patients, predict falls, and provide administrative reports. The System includes physical components which the contractor shall install in the patient's room, at the nurse station desk, and in the server room or communications closets. In the room, the System includes a specialized computer manufactured by the contractor called the Room Control Platform (RCP), an attached camera which is mounted on the ceiling near the foot wall aligned with the middle of the bed, and an infrared receiver which is attached to the RCP and mounted either on the ceiling or on the frame of the television. At the nurse station desk the System provides a touchscreen monitor which allows nurses to visualize their patients. In the designated server room the contractor shall provide 2 IBM x3650M3 servers (brand name or equivalent), a Motorola BSR2000 Cable Modem Termination System (CMTS) (brand name or equivalent), a Cisco SF300-24 switch (optional, brand name or equivalent), and an IBM UPS3000 battery backup (brand name or equivalent).

The System relies on the coaxial cable television cabling in the hospital to carry its data connection between the servers in the server room and the RCPs in the rooms. The CMTS provides the bridge between the switched Ethernet network and the DOCSIS cable network and requires that the cable television plant support reliable two-way communications. In some instances, the contractor may find that the existing cable plant was only designed to facilitate one-way communication, typically because the existing powered components (such as RF amplifiers) are unidirectional. For this reason, the contractor should perform an assessment of the cable plant to determine which components need to be replaced. Per the contract, the replacement of this equipment shall be covered in the contractor's cost. The contractor then

Page 1 of Page 1 of tunes the cable plant such that both reliable two-way data communications and optimal television signal quality are achieved throughout the hospital.

3. Scope of Work: The Contractor shall provide, install, and configure an intelligent video monitoring and fall prevention (Decisive Point Consulting Group brand name or equal) system (see C. TECHNICAL REQUIREMENTS for system and service requirements) to monitor designated patient bed areas to reduce the number of patient falls and increase the overall safety of CTVHCS patients.

This system shall be installed in the CTVHCS. The Contractor shall install the systems at designated patient bed as those beds become available. CTVHCS will coordinate bed availability with the Contractor. The Contractor shall deliver the following equipment to include providing all labor to install and make the virtual fall monitoring system fully functional:

a. Contractor shall coordinate the installation schedule with the Contracting Officer's Representative (COR).

b. Set-up and Configuration: All equipment shall be fully functional prior to acceptance by CTVHCS.

c. System Networking Equipment: All server and equipment necessary to integrate all individual units into a common system, to include all cabling and interconnectivity for a stand-alone system, residing on CTVHCS existing Engineering network

d. Cabling to TV: The Contractor shall provide all necessary cabling including connections between various floors, nursing units, etc. to make the system complete and independent from other existing VA networks.

e. All required equipment shall be fully installed by the Contractor, to include painting, fire caulking, and patching of walls, and other barriers penetrated by Contractor. Contractor shall be liable for any damage to VA property during installation or removal of Contractor owned equipment at no cost to the VA (this may include, but not limit to drywall/ re-plastering to appropriate finish/paint with matching paint identified by paint scheme from interior design, replacement of damaged ceiling tiles).

f. Contractor shall stage the installation of equipment by ward/room based on bed availability as determined by CTVHCS. The Contractor shall coordinate scheduling with the COR; in-tum, the COR will obtain internal approvals with the Nursing Service and other CTVHCS representatives as determined necessary. Installation will be scheduled based on the least disruption to patients and staff. Noise levels are to be controlled to a minimum so as not to disturb patients. Contractors shall not touch or move patients' belongings or medical supplies/equipment.

4. Performance Period:

Base Year 19 September 2022 to 18 September 2023

The period of performance shall be for 12-months from date of award. Hardware installation shall be completed within 60 days of award.

Option Year 1 19 September 2023 to 18 September 2024 Option Year 2 19 September 2024 to 18 September 2025 Option Year 3 19 September 2025 to 18 September 2026 Option Year 4 19 September 2026 to 18 September 2027

Installation Address:

Olin Teague Veterans Memorial Hospital 1901 Veterans Memorial Drive Temple, Texas 76504

Normal hours of operation are Monday - Friday 0800am to 0430pm. Any work at the Government site shall not take place on Federal holidays or weekends unless directed by the Contracting Officer (CO). There are 10 Federal holidays set by law (USC Title 5 Section 6103) that CAVHS follows:

Under current definitions, four holidays are set by date:

New Year's Day January 1 Independence Day July 4 Veterans Day November 11 Christmas Day December 25 If any of the above falls on a Saturday, then Friday shall be observed as a holiday. Similarly, if one falls on a Sunday, then Monday shall be observed as a holiday.

The other six holidays are set by a day of the week and month:

Juneteenth Third Saturday in June

5. Type of Contract: Firm Fixed Price Annual Service Contract.

B. CONTRACT AWARD MEETING

The Contractor shall not commence performance of the services identified in this SOW until the Contracting Officer (CO) has conducted a post-award conference or has advised the contractor that a post-award conference has been waived.

C. TECHNICAL REQUIREMENTS

work with the VA to determine the appropriate placement of all server room equipment, will inspect the cable television distribution network, and will inspect sample rooms.

communications closets Survey server room and cable demarcation closet VA/Contractor Identify location and mounting for servers VA/Contractor Identify location and mounting for

CMTS

VA/Contractor Determine the placement and method for installing the Room Control Platform and cameras VA/Contractor Server installation Contractor shall provide their own server rack to accommodate 5U of rack space for its two IBM

3650- M3 servers, labelled "Video Gateway" and "Application Server".

Provide servers &rack Contractor Provide server rack location and power

VA

Install and cable servers Contractor Server Switch configuration Contractor shall provide a IU Cisco SF300-24. To be located on same server rack noted above., or can utilize ports assigned on an existing VA switch.

Provide power

VA

Install and cable switch VA/Contractor Backup Power Contractor shall provide Provide either backup "red"

VA

Page 1 of

CMTS installation and configuration sufficient sized Uninterrupted Power Supply (UPS) units for their network devices Contractor will provide a lU Motorola BSR 2000 Cable Modem Termination System (CMTS), which will provide a DOCSIS data signal on the hospital's coaxial television cable plant. DOCSIS is an open standard and does not preclude other vendors from utilizing the coaxial television cable plant.

Contractor will install high pass and low pass filters upstream from the CMTS to filter the local cable provider's downstream signal from entering the cable television plant power for Contractor servers, switches, and CMTS, or provide a battery backup unit.

Provide 1U of rack space and power, proximate to the cable distribution closet Install and cable CMTS

VA

Contractor

Page 1 of downstream from Contractor's CMTS High-pass, low-pass Two-way plant

Structural Alterations Cable plant tuning Contractor will survey the cable plant to assess its readiness for bidirectional communication between Contractor's Room Control Platform (RCP) and the cable head-end.

Contractor will determine which, if any, equipment needs to be upgraded, and will do so at Contractor's expense.

Contractor will then balance the cable system so that it supports bidirectional communication at all endpoints, and so that television quality is unaffected or improved.

Provide and install upgraded distribution equipment Contractor

VLAN

Configuration To facilitate communication between the Configure VLAN

Contractor servers and its nurse station monitors, a VLAN dedicated to Contractor should be configured on the Engineering Network. The VLAN addressing should be provided by CTVHCS Engineering, with at least 3 + N IPs, where N Is the number of nurse station monitors to be installed.

Contractor will install a Planar touchscreen monitor with anintelNUC PC mounted to it at each nurse station. The nurse station will require one llOV outlet, and will reqmre a switch port assigned to the Contractor VLAN.

Contractor provided specialized computer.

Assign switch port(s) in server room. Will be completed within 30 days of contract award.

Provide a switch port assigned to theVLAN. Verify/Install a network data drop at each nurse station location. Provide desk space and l lOV outlet

Install and configure nurse station monitor.

VA

Nurse Station installation/ RCP Installation

Camera Installation High Definition

Patient Monitoring Cameras (1080p or better) with Cables Mounts Mobile cart(s) 100-Waco 176-Temple Contractor provided ceiling mounted camera.

Install Contractor End-user workstation web link End users will access the Contractor application from a web interface.

Create a shortcut on appropriate end user workstations which launches the

Contractor web interface.

Contractor Clinical Implementation User Training and User Manuals Key designated end- user and system administrators shall receive suitable end- user training and materials Designate administrator(s) and staff to receive training VA/Contractor Clinical Implementation Technical Training and Related Materials Designated maintenance personnel shall receive suitable end-user training and materials sufficient to provide day-to- day maintenance and upkeep of the system.

Provide appropriate manuals, user guides, and literature Contractor

Page 1 of Page 1 of

MONTHLY SERVICES

Primary Package

· NurseView. NurseView allows Authorized Users to view monitored rooms from the Nurse's Station. All privacy and access options are determined and configured by the Hospital.

· Virtual Bed Rails. Virtual Bed Rails allows the hospital to activate a safety module that will notify the nursing station when a patient exits a defined area in the patient bed.

· Virtual Chair Rails Virtual Chair Rails allows the hospital to activate a safety module that will notify the nursing station when a patient exits a defined area in the patient room chair.

· Fall Management Program. The Fall Management Program allows the hospital to separately file, identify and research the activity of patients for whom virtual bed rails were engaged.

DELIVERABLES

Vendor will contact COR or CTVHCS designee within 30 days of award to coordinate site visit in which specific locations will be identified and agreed upon between the vendor and the COR or designee.

CHANGES TO THE STATEMENT OF WORK

The CO is the only individual authorized to approve changes or modify any of the requirements under this contract. The Contractor shall communicate with the COR on all matters pertaining to contract administration. The COR is designated to represent the CO in furnishing technical guidance and advice regarding the work being performed under this contract. The foregoing is not to be construed as authorization to interpret or furnish advice and information to the Contractor relative to the financial or legal aspects of the contract. Enforcement of these segments is vested in and is the responsibility of the CO. Only the CO is authorized to make commitments or issue changes affecting price, quantity or performance of this contract. In the event the Contractor effects any such change at the direction of any person other than the CO, the change shall be considered to have been made without authority and no adjustment shall be made in the contract price to cover any increase in cost incurred as a result thereof.

Invoice and payment information should be sent to:

Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin, TX 78714-8971

TRAVEL

Contractor shall be responsible for all travel.

GOVERNMENT RESPONSIBILITIES

1. The government shall provide a COR as the technical expert and Contractor's point of contact.

2. The government shall provide escorts and reasonable access to equipment when required. The government shall cooperate with Contractor personnel so that service can be performed efficiently and without interruption. The government will provide escorted access to patient care areas and any sensitive areas. The Contractor shall coordinate access to all areas with the COR or Facility POC in order to minimize the negative impact on patient care.

3. The government shall schedule, and coordinate install locations with the Contractor so as to minimize disruption to patients and patient care activities.

CONTRACTOR REQUIREMENTS

1. Contractors shall be equipped with all necessary tools, equipment, and any Personal Protective Equipment (PPE) to perform the work safely, effectively, and timely.

2. Contractor shall be responsible for all required permits and coordination with CTVHCS infection control.

3. Contract employees shall be required, upon request, to provide the COR with Material Safety Data Sheets (MSDS) prior to bringing any chemicals to the facility for use. The MSDS shall be reviewed and approved by the COR prior to the chemicals being used.

4. The Contractor shall provide a weekly status report to the COR.

5. Contractor must follow VA National Safety Standards when disturbing asbestos/mold during installation of cable/wiring where asbestos may be encountered during installation. See the Appendix B Bed Mapping tools for all details of all known asbestos locations (Oklahoma City and Shreveport only).

I. CONFIDENTIALITY AND NONDISCLOSURE

The Contractor understands and agrees that confidential information (patients, employee, or facility) must be secured and protected at all times. The Contractor and its personnel shall be held liable in the event a breach of confidentiality occurs as a result of the Contractor or its employees. The Contractor may be required to establish a Business Associate Agreement with the CTVHCS.

J. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS

1. Position Sensitivity: The position sensitivity/risk level has been designated as Non-sensitive/Low Risk.

2. Background Investigation: The level of background investigation commensurate with the required level of access is Minimum.

3. Contractor Responsibilities:

a. Contract employees shall be issued contractor badges for physical access only. This requires for contract employees to:

1. Complete fingerprinting at the CTVHCS badging station at the Central Texas Veterans Health Care System campus.

2. Complete the OF306 and have two forms of federally acceptable ID.

3. Successfully complete a SAC background screening.

b. The contractor shall pay for lost or missing employee badges issued by CTVHCS. The cost for these lost or missing badges will annotated on and deducted from invoice payments.

c. The contractor, when notified of an unfavorable determination by the Government, shall withdraw the employee from consideration from working under the contract.

d. Failure to comply with contractor personnel security requirements may result in termination of the contract for default.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

BASE YEAR: SERVICE AND MAINTENANCE

Contract Period: Base POP Begin: 09-19-2022 POP End: 09-18-2023

PROGRAM MANAGEMENT OVERSIGHT TO INCLUDE TRAVEL & QUALITY INSURANCE

Cameras

SHIPPING & HANDLING

SERVICE AND MAINTENANCE

Contract Period: Option 1 POP Begin: 09-19-2023 POP End: 09-18-2024

SERVICE AND MAINTENANCE

Contract Period: Option 2 POP Begin: 09-19-2024 POP End: 09-18-2025

SERVICE AND MAINTENANCE

Contract Period: Option 3 POP Begin: 09-19-2025 POP End: 09-18-2026

SERVICE AND MAINTENANCE

Contract Period: Option 4 POP Begin: 09-19-2026 POP End: 09-18-2027

B.3 DELIVERY SCHEDULE

DELIVER TO: Warehouse Bldg 44 1901 Veteran Memorial Dr.

Temple, TX 76504

US

1.00

276.00

1.00

DELIVER TO: Warehouse Bldg 44 1901 Veteran Memorial Dr.

Temple, TX 76504

US

DELIVER TO: Warehouse Bldg 44 1901 Veteran Memorial Dr.

Temple, TX 76504

US

DELIVER TO: Warehouse Bldg 44 1901 Veteran Memorial Dr.

Temple, TX 76504

US

DELIVER TO: Warehouse Bldg 44 1901 Veteran Memorial Dr.

Temple, TX 76504

US

SECTION C - CONTRACT CLAUSES

C.1 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.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) (JUL 2020) (DEVIATION)

(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 products and commercial services:

(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 (NOV 2021) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (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 products and commercial services:

[X] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

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

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

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

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

[X] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

[X] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

[] (10) [Reserved] [] (11) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a).

[] (12) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (13) [Reserved] [] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-6.

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[X] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219–9, Small Business Subcontracting Plan (NOV 2021) (15 U.S.C. 637(d)(4)).

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

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

[] (iv) Alternate III (JUN 2020) of 52.219–9.

[] (v) Alternate IV (SEP 2021) of 52.219–9.

[] (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (ii) Alternate I (MAR 2020) of 52.219-13.

[] (19) 52.219–14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 657s).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[X] (21) 52.219–27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C. 657f).

[X] (22) (i) 52.219–28, Post-Award Small Business Program Rerepresentation (SEP 2021) (15 U.S.C. 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219–28.

[] (23) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (SEP 2021) (15 U.S.C. 637(m)).

[] (24) 52.219–30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (SEP 2021) (15 U.S.C. 637(m)).

[] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[] (26) l(26) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

[] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[X] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JUL 2020) (DEVIATION) (E.O. 13126).

[X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (30)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (ii) Alternate I (FEB 1999) of 52.222-26.

[X] (31)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[] (ii) Alternate I (JULY 2014) of 52.222-35.

[X] (32)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

[] (ii) Alternate I (JULY 2014) of 52.222-36.

[X] (33) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[X] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (35)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

[] (36) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

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

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

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

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

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

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

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

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

[] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

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

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

[X] (44) 52.223–18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

[] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

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

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

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

[X] (48) 52.225-1, Buy American—Supplies (NOV 2021) (41 U.S.C. chapter 83).

[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (JUL 2020) (DEVIATION) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C chapter 29 (sections 4501-4732), Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate II (JUL 2020) (DEVIATION) of 52.225-3.

[] (iii) Alternate III (JUL 2020) (DEVIATION) of 52.225-3.

[] (50) 52.225–5, Trade Agreements (JUL 2020) (DEVIATION) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

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

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

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

[X] (55) 52.229–12, Tax on Certain Foreign Procurements (FEB 2021).

[] (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

[] (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[] (60) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) (DEVIATION AUG 2020) (31 U.S.C. 3903 and 10 U.S.C 2307).

[] (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[] (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

[] (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

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

[] (iii) Alternate II (NOV 2021) of 52.247-64.

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

[] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

[] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

[] (9) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

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

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

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

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

(i) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

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

(iii) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115–91).

(iv) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(v) 52.219–8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

(viii) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(ix) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(x) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

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

(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xiii)(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

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

(xvi) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

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

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

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

(xxi) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of Clause)

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

The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.

(End of Provision)

C.4 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within 30. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

(End of Clause) C.5 52.217-7 OPTION FOR INCREASED QUANTITY—SEPARATELY PRICED LINE ITEM (MAR 1989) The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 30. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of Clause)

C.6 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.

(End of Clause)

C.7 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 15 days 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 six (6) years.

(End of Clause) C.8 52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS (OCT 2021) (DEVIATION)

(a) Definition. As used in this clause— United States or its outlying areas means—

(1) The fifty States;

(2) The District of Columbia;

(3) The commonwealths of Puerto Rico and the Northern Mariana Islands;

(4) The territories of American Samoa, Guam, and the United States Virgin Islands; and

(5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.

(b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985).

(c) Compliance. The Contractor shall comply with all guidance, including guidance conveyed through Frequently Asked Questions, as amended during the performance of this contract, for contractor or subcontractor workplace locations published by the Safer Federal Workforce Task Force (Task Force Guidance) at https:/www.saferfederalworkforce.gov/contractors/.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts at any tier that exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award, and are for services, including construction, performed in whole or in part within the United States or its outlying areas.

(End of Clause)

C.9 52.233-2 SERVICE OF PROTEST (SEP 2006)

Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Hand-Carried Address:

Department of Veterans Affairs VISN17 Network Contracting Activity 5441 Babock Rd., Ste. 302 San Antonio TX 78240 Mailing Address:

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

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision) C.10 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.] [] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[]…