36C25722Q1141_1.docx

36C25722Q1141

GENERAL INFORMATION

Network Contracting Office 17

5441 Babcock Road Ste. 302 San Antonio TX 78240

POINT OF CONTACT*

CONTRACT SPECIALIST

MICHAEL A. GRIER

MICHAEL.GRIER@VA.GOV

(661)312-6658

Please Submit All Quotes Via Email

PLACE OF PERFORMANCE

ADDRESS

Department Of Veterans Affairs

Dallas VA Medical Center

4500 S. Lancaster Rd

Dallas TX

ADDITIONAL INFORMATION

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

DESCRIPTION

Combined Synopsis/Solicitation Notice

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. 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

36C25722Q1141 09-03-2022 Michael A. Grier (210)694-6227 09-09-2022 9:00am

CDT

36C671 Department Of Veterans Affairs Network Contracting Office 17 5441 Babcock Road Ste. 302 San Antonio TX 78240 X X 339113 750 Employees N/A X Department of Veterans Affairs Dallas VA Medical Center 4500 S. Lancaster Rd Dallas TX 75216 36C671 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

SEE SCHEDULE

See CONTINUATION Page X X Clements, Matthew G.

Page 1 of Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C257 Clements, Matthew G.

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:

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Carescape One MBZ101 ATO Model/2087075-001 Contract Period: Base POP Begin: 09-30-2022 POP End: 03-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6525 - Imaging Equipment and Supplies: Medical, Dental, Veterinary

LOCAL STOCK NUMBER: 2087075-001

Carescape One MBZ101 Hardware/ 2098985-001

POP Begin: 09-30-2022 POP End: 03-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: 2098985-001

Carescape One CSPV3 SW/ 2098987-001

POP Begin: 09-30-2022 POP End: 03-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: 2098987-001

Battery FLEX-3S2P 10.8v 18650 LI-ION SMBUS (B450)/2062895-001

POP Begin: 09-30-2022 POP End: 03-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: 2062895-001

Carescape One Frequency Setting 60HZ/2098988-002

POP Begin: 09-30-2022 POP End: 03-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: 2098988-002

CARESCAPE ONE ENGLISH US LOCALIZATION/2098989-016

POP Begin: 09-30-2022 POP End: 03-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: 2098989-016

Carescape One English US Keyboard SW Setting/2099023-005

POP Begin: 09-30-2022 POP End: 03-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: 2099023-005

Carescape F0 Dock ATO Model/2099057-001

POP Begin: 09-30-2022 POP End: 03-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: 2099057-001

Carescape Dock F0 Hardware/2099060-001

POP Begin: 09-30-2022 POP End: 03-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: 2099060-001

Power Supply 15v F0 Docking Station/2096539-001

POP Begin: 09-30-2022 POP End: 03-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: 2096539-001

6ft N American Power Cord/80274-006

POP Begin: 09-30-2022 POP End: 03-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: 80274-006

Carescape ECG MKE101/2098981-001

POP Begin: 09-30-2022 POP End: 03-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: 2098981-001

Carescape ECG MKE101/ 2097486-001

POP Begin: 09-30-2022 POP End: 03-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: 2097486-001

Carescape ECG USB Cable 3.6M AHA / 2097653-006

POP Begin: 09-30-2022 POP End: 03-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: 2097653-006

ECG Leadwire set, 5 Lead, Grabber, AHA, 130 cm/51" /2106391-002

POP Begin: 09-30-2022 POP End: 03-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: 2106391-002

Carescape SPO2 - Nellcor, 3.6M/ 2082747-002

POP Begin: 09-30-2022 POP End: 03-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: 2082747-002

NELLCOR SPO2 - Sensor DS100A-Adult-Reu.(1/box)/ 70124021

POP Begin: 09-30-2022 POP End: 03-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: 70124021

ASSY Carescape One NIBP Hose Adult,PED 2T DINACLICK 3.6m/2087389-002

POP Begin: 09-30-2022 POP End: 03-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: 2087389-002

Carescape Invasive Pressure MKP101/2098307-001

POP Begin: 09-30-2022 POP End: 03-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: 2098307-001

Carescape Pressure MKP101 / 2097655-002

POP Begin: 09-30-2022 POP End: 03-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: 2097655-002

Carescape Invasive Pressure / 2097273-009

POP Begin: 09-30-2022 POP End: 03-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: 2097273-009

Carescape Mini-Dock Kit / 2098982-001

POP Begin: 09-30-2022 POP End: 03-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: 2098982-001

Kit Bed Rail Mount / 2090387-005

POP Begin: 09-30-2022 POP End: 03-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: 2090387-005

ACM HOLDER, 3X SMALL 1X LARGE MODULES/2096245-004

POP Begin: 09-30-2022 POP End: 03-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: 2096245-004

Quick Connect Pole Rail Clamp With Swivel/2090387-010

POP Begin: 09-30-2022 POP End: 03-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: 2090387-010

Installation Charge/2083083-001

POP Begin: 09-30-2022 POP End: 03-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: 2083083-001

Patient Monitoring Clinical Applications Training; onisite/ 2016373-349

POP Begin: 09-30-2022 POP End: 03-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: 2016373-349

CARESCAPE B850 Configuration/2048581-001

POP Begin: 09-30-2022 POP End: 03-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: 2048581-001

B.3 DELIVERY SCHEDULE

Dallas VA Medical Center 4500 S. Lancaster Rd.

Dallas, TX 75216 7167

USA

jenna.loutsch@va.gov

(214) 857-1836

Dallas VA Medical Center 4500 S. Lancaster Rd.

Dallas, TX 75216 7167

USA

Dallas VA Medical Center 4500 S. Lancaster Rd.

Dallas, TX 75216 7167

USA

Dallas VA Medical Center 4500 S. Lancaster Rd.

Dallas, TX 75216 7167

USA

Dallas VA Medical Center 4500 S. Lancaster Rd.

Dallas, TX 75216 7167

USA

Dallas VA Medical Center 4500 S. Lancaster Rd.

Dallas, TX 75216 7167

USA

Dallas VA Medical Center 4500 S. Lancaster Rd.

Dallas, TX 75216 7167

USA

Dallas VA Medical Center 4500 S. Lancaster Rd.

Dallas, TX 75216 7167

USA

Dallas VA Medical Center 4500 S. Lancaster Rd.

Dallas, TX 75216 7167

USA

Dallas VA Medical Center 4500 S. Lancaster Rd.

Dallas, TX 75216 7167

USA

Dallas VA Medical Center 4500 S. Lancaster Rd.

Dallas, TX 75216 7167

USA

Dallas VA Medical Center 4500 S. Lancaster Rd.

Dallas, TX 75216 7167

USA

Dallas VA Medical Center 4500 S. Lancaster Rd.

Dallas, TX 75216 7167

USA

Dallas VA Medical Center 4500 S. Lancaster Rd.

Dallas, TX 75216 7167

USA

Dallas VA Medical Center 4500 S. Lancaster Rd.

Dallas, TX 75216 7167

USA

Dallas VA Medical Center 4500 S. Lancaster Rd.

Dallas, TX 75216 7167

USA

Dallas VA Medical Center 4500 S. Lancaster Rd.

Dallas, TX 75216 7167

USA

Dallas VA Medical Center 4500 S. Lancaster Rd.

Dallas, TX 75216 7167

USA

Dallas VA Medical Center 4500 S. Lancaster Rd.

Dallas, TX 75216 7167

USA

Dallas VA Medical Center 4500 S. Lancaster Rd.

Dallas, TX 75216 7167

USA

Dallas VA Medical Center 4500 S. Lancaster Rd.

Dallas, TX 75216 7167

USA

Dallas VA Medical Center 4500 S. Lancaster Rd.

Dallas, TX 75216 7167

USA

Dallas VA Medical Center 4500 S. Lancaster Rd.

Dallas, TX 75216 7167

USA

Dallas VA Medical Center 4500 S. Lancaster Rd.

Dallas, TX 75216 7167

USA

Dallas VA Medical Center 4500 S. Lancaster Rd.

Dallas, TX 75216 7167

USA

Dallas VA Medical Center 4500 S. Lancaster Rd.

Dallas, TX 75216 7167

USA

Dallas VA Medical Center 4500 S. Lancaster Rd.

Dallas, TX 75216 7167

USA

Dallas VA Medical Center 4500 S. Lancaster Rd.

Dallas, TX 75216 7167

USA

B.4 Statement of Work

General: This statement of work defines the effort required for VA North Texas Healthcare System (VANTHCS), Cardiology Section of Medicine Service to procure patient transport monitors for the cardiac catheterization and electrophysiology labs. Contractor shall provide training and initial set-up.

Description of Work: Cardiology is requesting a B450 or equivalent to meet clinical needs.

Equipment and training to be onsite:

Location: 5B666

Quantity- 2

Justification: The Cardiology section of medical service is requesting patient care transport monitors. These will be used while transporting patients to/from the invasive procedure in the Cardiology Procedural Labs and the units.

Physician and Patient Benefits:

These monitors will allow for greater patient safety during transport.

Hours of Performance: Work shall occur Monday – Friday during normal duty hours unless authorized by Cardiology.

Check in Requirements: The Vendor Rep must report to the Biomedical Engineering Department to obtain a badge and sign in with the Biomedical Engineering Service before work begins. Upon completion of work, the Rep must report to the Biomedical Engineering Service to sign out.

Period of Performance: Period of performance shall be done in a reasonable time frame (no longer than one 90 days after receipt of order) unless unseen circumstances arise which need to be discussed with Biomed representative.

Place of Performance: Dallas VA Medical Center at 4500 S. Lancaster Rd. Dallas TX 75216.

Documentation: Contractor shall furnish a detailed field service report upon completion of work to Cardiology Staff. Payment will not be processed until a properly completed service report is received. The service report shall contain, at a minimum, the following information:

· Date and time of contractor’s arrival on station

· Type, model and serial number (s) of all equipment on which maintenance was performed

· Total time spent performing maintenance and travel time

· Detailed narrative description of the services required

· Copies of all test reports

· Complete list of parts replaced

· Date and time the repair was completed

· Cost Estimate of all labor(including travel), parts/supplies, and shipping charges

The service report shall itemize every item in the specification. Each item shall state the "as found" condition or values, the "calibrated to" or "adjusted to" values, the factory design tolerances, and a complete description of all work performed concerning the items

Contracting Officer Technical Representatives: All work coordination shall be made through the Purchasing agent. The Contractor shall be provided a copy of the letter of delegation authorizing the purchasing agent at the commencement of the term of the contract. No other person shall be authorized to act in such capacity unless appointed in writing by the Contracting Officer.

Information technology security requirements: The contractor, their personnel, and their subcontractors shall be subject to the Federal laws, regulations, standards, and VA Directives and Handbooks regarding information and information system security as delineated in this contract. The contractor shall comply with all Federal laws and regulations the VA has developed when VA sensitive information is accessed, used, stored, generated, transmitted, or exchanged by and between VA and a contractor. The information made available to the contractor by VA for the performance of this contract will be used only for the purposes of performance under this contract. The certification and accreditation requirements do not apply to this requirement and a security accreditation package is not required.

Safety Requirements: In the performance of this contract, the Contractor shall take such safety precautions as the Contracting Officer may determine to be reasonably necessary to protect the lives and health of occupants of the building. The Contracting Officer Representative shall notify the Contractor of any safety issues and the action necessary to correct these issues. Such notice, when served to the Contractor or his representative at the work site shall be deemed sufficient for the corrective actions to be taken. If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue an order stopping all or part of the work, and hold the Contractor in default.

Invoicing: Payment to be made monthly in arrears by certified invoices and must contain the contract number in addition to the requirements detailed in 52.212-4 (G) to be considered valid. All invoices shall be submitted to the VA Financial Service Center and emailed to the CO. All invoices will reference the purchase order number assigned to the contract.

Billing address:

VA FSC

PO Box 149971 Austin, TX 78714

Purchase Descriptions.

The purchase description should identify the requirement in terms that enable contractors to offer commercial supplies or services. The description should not be restrictive and not be limited to one product peculiar to a manufacturer (e.g., by manufacturer, brand name and Part Number) unless it is essential to the Government’s minimum requirement.

A purchase description should include the following characteristics based on the requirement to adequately describe the Government’s needs:

(Please fill in the blocks provided with the information that is requested. If not applicable, then so state)

(N/A if not applicable):

N/A

Page 1 of Page 1 of Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[X] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[] 852.233–70, Protest Content/Alternative Dispute Resolution.

[] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[X] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause) C.3 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes VAAR 852.219-10 VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause) C.4 VAAR 852.219-78 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (SEP 2021) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(k)(2), the offeror certifies that—

(1) If awarded a contract (see F(a)FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows: [Offeror check the appropriate box]

(i) [ ] In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(ii) [ ] In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) is granted. The offeror understands that, as provided in 13 CFR 121.406(b)(7), such a waiver has no effect on requirements external to the Small Business Act, such as the Buy American Act or the Trade Agreements Act.

(2) Manufacturer or nonmanufacturer representation and certification. [Offeror fill-in—check each applicable box below. The offeror must select the applicable provision below, identifying itself as either a manufacturer or nonmanufacturer]:

(i) [ ] Manufacturer or producer. The offeror certifies that it is the manufacturer or producer of the end item being procured, and the end item is manufactured or produced in the United States, in accordance with paragraph (a)(1)(i).

(ii) [ ] Nonmanufacturer. The offeror certifies that it qualifies as a nonmanufacturer in accordance with the requirements of 13 CFR 121.406(b) and paragraph (a)(1)(ii). The offeror further certifies it meets each element below as required to qualify as a nonmanufacturer. [Offeror fill-in—check each box below.] [ ] The offeror certifies that it does not exceed 500 employees (or 150 employees for the Information Technology Value Added Reseller exception to NAICS code 541519, which is found at 13 CFR 121.201, footnote 18).

[ ] The offeror certifies that it is primarily engaged in the retail or wholesale trade and normally sells the type of item being supplied.

[ ] The offeror certifies that it will take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice.

(iii) [ ] The offeror certifies that it will supply the end item of a small business manufacturer, processor, or producer made in the United States, unless a waiver as provided in 13 CFR 121.406(b)(5) has been issued by SBA. [Contracting Officer fill-in or removal (see 13 CFR 121.1205). This requirement must be included for a single end item. However, if SBA has issued an applicable waiver of the nonmanufacturer rule for the end item, this requirement must be removed in the final solicitation or contract.] or [Contracting Officer tailor clause to remove one or other block under subparagraph (iii).] [ ] If this is a multiple item acquisition, the offeror certifies that at least 50% of the estimated contract value is composed of items that are manufactured by small business concerns. [Contracting Officer fill-in or removal. See 13 CFR 121.406(d) for multiple end items. If SBA has issued an applicable nonmanufacturer rule waiver, this requirement must be removed in the final solicitation or contract.]

(3) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(4) If VA determines that an SDVOSB/VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and

(iii) Prosecution for violating section 1001 of title 18.

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract or to determine whether the offeror qualifies as a manufacturer or nonmanufacturer in compliance with the limitations on subcontracting requirement.