S02 RFQ 36C25723Q0634.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. 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

36C25723Q0634

549-23-1-4205-0003

36C25723Q0634 04-11-2023

David Simmons 210-694-6337 03-14-2023 4:00pm CST

36C671 Department Of Veterans Affairs Network Contracting Office 17

5441 Babcock Road Ste. 302 San Antonio TX 78240 x 100

334220

1250 Employees

N/A

X

Department of Veterans Affairs Dallas VA Medical Center Attn: Logistics 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

The contractor shall provide all labor, supplies, materials, equipment, supervision, transportation and other items, and non-personal services necessary to provide Police Radios in accordance with the Statement of Work and the terms and Conditions contained herein.

For additional details reference B.2 Price/Cost schedule and starting on page 4.

Complete and return all information designated in section E (page: 30) prior to the time specified in block 8 of the 1449 (page 1).

Blocks 30a, 30b and 30c on page 1 of the SF 1449 must be completed and signed in order to be considered for award.

Required documents and instructions for quote submission are included in the Addendum to FAR 52.212-1, Instructions to Offerors - Commercial Products and Commercial Services.

See CONTINUATION Page

X

X 1

Latasha Messer Contracting Officer

36C25723Q0498

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

B.4 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

C.1 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 26

C.3 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (DEC 2022)

C.4 52.225-1 BUY AMERICAN—SUPPLIES (OCT 2022)

C.5 52.225-2 BUY AMERICAN CERTIFICATE (OCT 2022)

C.6 52.233-3 PROTEST AFTER AWARD (AUG 1996)

C.7 VAAR 852.211-70 EQUIPMENT OPERATION AND MAINTENANCE MANUALS

(NOV 2018)

C.8 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.9 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 38

C.10 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

C.11 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

C.12 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.13 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEC 2022)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.204-7 SYSTEM FOR AWARD MANAGEMENT

E.2 52.204-16 COMMERICAL AND GOVERNMENT ENTITY CODE REPORTING ... 50

E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS

E.4 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021)

E.5 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.6 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.7 52.216-1 TYPE OF CONTRACT (APR 1984)

E.8 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.10 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

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:

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

[X] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly Submission.

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:

AMENDMENT NO DATE

B.2 STATEMENT OF WORK

North Texas Veterans Health Care System

30 APX NEXT RADIOS

VA Police Service

1. INTRODUCTION/BACKGROUND:

With the rapid growth of the North Texas Veterans Health Care System (VANTHCS) footprint, there is a need for an intra-clinic connectivity and inter-facility communication with all the NTX VA Facilities (Dallas, Tyler, Bonham, Fort Worth, and Grand Prairie).

The purpose of this contract is for the purchase, of 30 APX NEXT Radios (Brand Name or Similar) that can be connected through a Managed Zone Core and can have the capabilities to access the Smart Features such as: SmartConnect, SmartLocate, SmartProgramming, SmartMessaging that the APX NEXT Radios have the capabilities to do. This will be Base Plus 4 option year procurement.

Base: 30 April 2023 – 31 March 2014 Option Year I: 30 April 2024 – 31 March 2025 Option Year II: 30 April 2025 – 31 March 2026 Option Year III: 30 April 2026 – 31 March 2027 Option Year IV: 30 April 2027 – 31 March 2028

2. OBJECTIVES:

The purpose of this project is to improve VANTHCS personnel safety, situation awareness, and expand operational efficiency by reducing response times while directing and managing responder resources securely and safely with the push of a button. Smart Features such as: SmartConnect, SmartLocate, SmartProgramming, SmartMessaging can keeps users connected and maintains critical LMR features through a broadband connection. Sends accurate GPS location information of field personnel over a broadband network to enable dispatchers to track units more frequently and improve resource deployment. This technology will enable VANTHCS to communicate to staff in the field and on campus in the moments that matter all while providing seamless protection from the device and data in transit to the cloud and the LMR with the APX NEXT End-to-End security.

3. SCOPE OF WORK:

Contractor is responsible for:

3.1. Contractor shall deliver, install, and program all items listed in Table 1 in accordance with the Managed Zone Core and will be compatible the MZC ASTRO System already in place.

3.1.1. The contractor shall install new equipment only. No refurbished, returned, or used equipment is permitted and must be original equipment manufacturer (OEM) components for use within this system.

3.1.2. The contractor shall provide all tools and test equipment necessary for assembling, calibrating, adjusting, certifying, and any other work required for the performance of this contract.

3.1.3. The contractor shall be responsible for cleaning of the work area(s) upon completion of each workday. All accumulated trash shall be removed and disposed of daily. Contractor must remove trash from campus.

3.1.4. Disposal of all waste material shall be in accordance with all applicable Federal, State, and local environmental regulations. The contractor shall ensure and provide appropriate documentation to CO that all hazardous waste handlers, haulers, and disposal facilities are properly certified or licensed.

3.2. Perform programming of the 30 APX NEXT Radios

3.2.1. Verify system configuration, optimize, and perform in-field functional acceptance testing for the system. All completed work will be confirmed and approved by the VA point of contact. This will be done during the working hours indicated herein.

3.2.2. The contractor will ensure that all installed equipment is properly programmed and tested. All adjustments will be made to meet the requirements and satisfaction of VA Police Department and the VA point of contact.

3.2.3. The contractor shall provide at minimum the following data:

IP address Usernames and passwords Equipment serial numbers Locations of equipment Any and all manufacturer warranty information for each piece of equipment installed

3.2.4. The contractor shall provide O&M manuals. These manuals can be provided either printed or electronically. Contractor shall include programming guides, configuration manuals, and user guides. Manuals will include a Compact Disk (CD) with electronic versions of all documents, as well as any viewing, management, or configuration software on CD.

3.3. Contractor is responsible for providing on-site training. All training dates/times/locations will be coordinated through point of contact.

3.4. Contractor will provide technical support from certified technical engineers when needed throughout this contract. Contractor will also provide the following in a timely manner:

3.4.1. Equipment Warranty and Warranty Repair:

Warranty shall include time, tools, supplies, equipment, parts, and labor.

The contractors’ obligation under this warranty is limited to repairing or replacing malfunctioning parts during this warranty period. The contractor shall be responsible for removal, reinstallation, proper configuration, and verification of functionality.

3.4.2. APX NEXT Radio Repairs (Not Covered Under Warranty)

3.4.3. Fixes Bugs.

3.4.4. Software upgrades.

3.4.5. Must be compatible with the below existing equipment.

1. Motorola Radio APX6000 Multi Band Two Way.

2. Motorola Radio APX7000 Multi Band Two Way

3. Motorola Radio APXNEXT Portable Two Way

TABLE 1: (Brand Name or Similar)

4. PLACE(S) OF PERFORMANCE BUT NOT LIMITED TO:

• Dallas VA Medical Center, 4500 South Lancaster Road, Dallas, TX 75216

• Sam Rayburn Memorial Veterans Center, 1201 East 9th Street, Bonham, TX

75418

• Fort Worth VA Clinic, 2201 Southeast Loop 820, Fort Worth, TX 76119

• Garland VA Medical Center, 2300 Marie Curie Boulevard, Garland, TX 75042

• Grand Prairie VA Clinic, 2737 Sherman Street, Grand Prairie, TX 75051

• Tyler Centennial VA Clinic, 428 Centennial Parkway, Tyler, TX 75703

EQUIPMENT MODEL # QTY

APX NEXT SINGLE BAND MODEL 4.5 PORTABLE H45TGT9PW8AN 30

UHF BAND QA00571AR 30

LTE WITH ACTIVE SERVICE AT&T US QA09017AA 30

CORE BUNDLE TO INCLUDE THE FOLLOWING: BD00001AA 30

SUBMERSIBLE (DELTA T) H499KC 30

SMARTZONE OPERATION H38DA 30

ASTRO DIGITAL CAI OPERATION Q806CH 30

P25 9600 BAUD TRUNKING Q361CD 30

VIQI VC RADIO OPERATION QA09028AA 30

ENHANCED DATA QA03399AK 30

MULTICAST VOTING SCAN Q387CB 30

TDMA OPERATION QA00580BA 30

WIFI CAPABILITY QA09001AM 30

SECURITY BUNDLE TO INCLUDE THE FOLLOWING: BD00010AA 30

P25 LINK LAYER AUTHENTICATION QA01767BL 30

ASTRO 25 OTAR W/ MULTIKEY Q498BN 30

DVP-XL ENCRYPTION AND ADP H797DW 30

AES/DES-XL/DES-OFB ENCRYPTION AND ADP Q15AU 30

MOTOROLA HOSTED RADIOCENTRAL QA09030AA 30

BATTERY PACK,IMPRES GEN2, LIION,IP68, 4400T NNTN9216A 15

AUDIO ACCESSORY, XVP850 REMOTE SPEAKER MICROPHONE, WITH CHANNEL KNOB PMMN4135A 30

CHARGER, MULTI-UNIT, IMPRES G2, 6-DISP, US/NA/CA/LA PLUG, ACC-CHARGER NNTN9115A 30

COMMAND CENTRAL AWARE

SITUATIONAL AWARENESS DELIVERY SERVICES ISV00S01852A 1

AWARE STARTER SSV00S02383A 1

CRITICAL CONNECT + WAVE PTX PUBLIC SAFETY + UNIFIED RECORDER

WAVE MESSAGING DISPATCH (1 YEAR) SSV00S02078A 1

CRITICAL CONNECT WAVE PTX ONBOARDING. PSV00S03303A 1

PPROGRAMMING

SYSTEM PROGRAMMING LSV00Q00379A 1

DEVICE PROGRAMMING LSV00Q00202A 30

APX NEXT SMART FEATURES YEARLY SUBSCRIPTION ADD-ONS

APX NEXT DMS ADVANCED W ACC DMG (1 YEAR) LSV01P01415A 30

APX NEXT SMART PROG (1 YEAR) SSV01P01407B 30

APX NEXT SMART CONNECT (1 YEAR) SSV01P01406A 30

APX NEXT SMART LOCATE (1 YEAR) SSV01P01476A 30

APX NEXT SMART MESSAGING (1 YEAR) SSV01P01901A 30

CC AWARE STARTER LOCATION & MAPPING FOR APX NEXT (1 YEAR) SSV01P01685B 30

Base Year Equipment and Services

5. PERIOD OF PERFORMANCE:

a. This is a NEW requirement, and the contract will be for one 12-month base period. At the discretion of the Contracting Officer, to include four 12 - months option renewals for the yearly subscription. (See Table 2).

b. Work will be completed on weekdays, excluding federal holidays, during the medical center’s regular weekday business hours.

c. Normal operating hours for all locations listed above are from 8:00 A.M. to 4:00 P.M. on weekdays Monday through Friday.

The contractor must arrange with the VA point of contact to schedule work and facility access outside of these parameters.

Any work outside these guidelines will require pre-approval and staff escort. If either requirement is not met, work will end as scheduled at 4:00 P.M.

d. Federal Holidays observed by the VANTHCS are:

New Years' Day Labor Day Martin Luther M.L. King Day Columbus Day Juneteenth Presidents 'Day Veterans' Day Memorial Day Thanksgiving Day Independence Day Christmas Day

TABLE 2: (Brand Name or Similar)

6. CONTRACTOR EMPLOYEES:

a. Contractor personnel shall present in a neat appearance and be easily recognized as a contractor employee. All contractors’ employees will wear a VA assigned identification badges always worn above the waistline and always visible while on VA property.

b. All contractor personnel working onsite at any locations listed above must check-in and check-out with the VA point of contact

EQUIPMENT MODEL # QTY

COMMAND CENTRAL AWARE

AWARE STARTER SSV00S02383A 1

APX NEXT SMART FEATURES YEARLY SUBSCRIPTION ADD-ONS

APX NEXT DMS ADVANCED W ACC DMG (1 YEAR) LSV01P01415A 30

APX NEXT SMART PROG (1 YEAR) SSV01P01407B 30

APX NEXT SMART CONNECT (1 YEAR) SSV01P01406A 30

APX NEXT SMART LOCATE (1 YEAR) SSV01P01476A 30

APX NEXT SMART MESSAGING (1 YEAR) SSV01P01901A 30

CC AWARE STARTER LOCATION & MAPPING FOR APX NEXT (1 YEAR) SSV01P01685B 30

PPROGRAMMING

DEVICE PROGRAMMING LSV00Q00202A 30

Option Year Renewal Services and sign in to receive a pass for that day. Contractor shall provide name and phone number of each employee working. If contractor personnel require access to sensitive work areas, appropriate staff will escort the contractor personnel at all times.

c. The contractor shall contact the VA point of contact if scheduled work for that day will not be performed. This contact must be made no later than 9 A.M. The make-up day must be scheduled during the same session and will be no later than 14 days from the missed day.

7. DESIGNATION OF VA POINT OF CONTACT (POC):

a. VANTHCS Police Service representative is Ms. Maleisha Anderson at email maleisha.anderson@va.gov or phone 214- 857-3728.

8. COMPLIANCE:

a. The contractor shall be fully responsible for compliance with all VA, local, state, and Federal environmental and occupational safety laws, rules, and regulations.

b. The contractor shall follow all life safety health codes, and take all necessary actions to avoid conditions that may be hazardous to the health and safety of the contract employees, hospital personnel, visitors, and patients.

c. The contractor is responsible for meeting all applicable OSHA and VA guidelines for safe working processes. All work for the duration of the contract will be performed by certified-trained technicians.

d. The contractor will provide a copy of the operation and safety manual to VA Occupation Safety Officer prior to any work being completed.

9. SECURITY, INFORMATION SYSTEMS OFFICER, AND INFORMATION

PROTECTION:

a. The contractor will not have access to VA Desktop computers, nor will they have access to online resources belonging to the government while conducting services.

b. The contractor will not have access to Patient Health Information (PHI) nor will they have the capability of accessing patient information during the services provided to the VA.

c. There will be no federal records created, maintained, used, or dispositioned with this contract; regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.].

mailto:maleisha.anderson@va.gov

10. NARA RM LANGUAGE CLAUSE:

a. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C.

chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

b. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

c. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

d. VA North Texas Health Care System and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of VA North Texas Health Care System or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701.

e. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to VA North Texas Health Care System. The agency must report promptly to NARA in accordance with 36

CFR 1230.

f. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to VA North Texas Health Care System control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

g. The 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, contracts. The Contractor (and any sub-contractor) is required to abide by Government and VA North Texas Health Care System guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

h. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with VA North Texas Health Care System policy.

i. The Contractor shall not create or maintain any records containing any non-public VA North Texas Health Care System information that are not specifically tied to or authorized by the contract.

j. The 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 from public disclosure by an exemption to the Freedom of Information Act.

k. The VA North Texas Health Care System owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which VA North Texas Health Care System shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227- 11 through FAR 52.227-20.

l. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA-provided records management training, Talent Management System (TMS) Item #10176, Privacy and Information Security, Rules of Behavior. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVI

CES

QUANTI

TY

UNI

T UNIT PRICE AMOUNT

30.00 EA _______________

APX NEXT SINGLE BAND MODEL 4.5 PORTABLE

Contract Period: Base POP Begin: 04-30-2023 POP End: 03-31-2024 PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 7730 - Phonographs, Radios, and Television Sets: Home Type

LOCAL STOCK NUMBER: H45TGT9PW8AN

CORE BUNDLE INCLUDES THE FOLLOWING: (H499KC)

SUBMERSIBLE (DELTA T). (H38DA) SMARTZONE

OPERATION. (Q806CH) ASTRO DIGITAL CAI

OPERATION. (Q361CD) P25 9600 BAUD TRUNKING.

(QA09028AA) VIQI VC RADIO OPERATION. (QA03399AK)

ENHANCED DATA. (Q387CB) MULTICAST VOTING

SCAN. (QA00580BA) TDMA OPERATION. (QA09001AM)

WIFI CAPABILITY.

Contract Period: Base POP Begin: 04-30-2023 POP End: 03-31-2024 PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 7730 - Phonographs, Radios, LOCAL STOCK NUMBER: BD00001AA

SECURITY BUNDLE INCLUDES THE FOLLOWING:

(QA01767BL) P25 LINK LAYER AUTHENTICATION.

(Q498BN) ASTRO 25 OTAR W/ MULTIKEY. (H797DW)

DVP-XL ENCRYPTION AND ADP. (Q15AU) AES/DES-

XL/DES-OFB ENCRYPTION AND ADP. (QA09030AA)

MOTOROLA HOSTED RADIOCENTRAL.

Contract Period: Base POP Begin: 04-30-2023 POP End: 03-31-2024

LOCAL STOCK NUMBER: BD00010AA

15.00 EA _______________

BATTERY PACK,IMPRES GEN2, LIION,IP68, 4400T

Contract Period: Base POP Begin: 04-30-2023

LOCAL STOCK NUMBER: NNTN9216A

UHF BAND

Contract Period: Base POP Begin: 04-30-2023

LOCAL STOCK NUMBER: QA00571AR

LTE WITH ACTIVE SERVICE AT&T US

Contract Period: Base POP Begin: 04-30-2023

LOCAL STOCK NUMBER: QA09017AA

AUDIO ACCESSORY, XVP850 REMOTE SPEAKER

MICROPHONE, WITH CHANNEL KNOB

Contract Period: Base POP Begin: 04-30-2023

LOCAL STOCK NUMBER: PMMN4135A

CHARGER, MULTI-UNIT, IMPRES G2, 6-DISP,

US/NA/CA/LA PLUG, ACC-CHARGER

Contract Period: Base POP Begin: 04-30-2023

LOCAL STOCK NUMBER: NNTN9115A

1.00 EA _______________

SITUATIONAL AWARENESS DELIVERY SERVICES

Contract Period: Base POP Begin: 04-30-2023

LOCAL STOCK NUMBER: ISV00S01852A

AWARE STARTER

Contract Period: Base POP Begin: 04-30-2023

LOCAL STOCK NUMBER: SSV00S02383A

1.00 YR _______________

Critical Connect + WAVE PTX Public Safety + Unified Recorder WAVE MESSAGING DISPATCH Contract Period: Base POP Begin: 04-30-2023

LOCAL STOCK NUMBER: SSV00S02078A

CRITICAL CONNECT WAVE PTX ONBOARDING

Contract Period: Base POP Begin: 04-30-2023

LOCAL STOCK NUMBER: PSV00S03303A

SYSTEM PROGRAMMING

Contract Period: Base POP Begin: 04-30-2023

LOCAL STOCK NUMBER: LSV00Q00379A

DEVICE PROGRAMMING

Contract Period: Base POP Begin: 04-30-2023

LOCAL STOCK NUMBER: LSV00Q00202A

30.00 YR _______________

APX NEXT DMS ADVANCED W ACC DMG-PROMO

Contract Period: Base POP Begin: 04-30-2023

LOCAL STOCK NUMBER: LSV01P01415A

APX NEXT SMART PROG-PROMO

Contract Period: Base

POP Begin: 04-30-2023

LOCAL STOCK NUMBER: SSV01P01407B

APX NEXT SMART CONNECT - PROMO

Contract Period: Base POP Begin: 04-30-2023

LOCAL STOCK NUMBER: SSV01P01406A

APX NEXT SMART LOCATE-PROMO

Contract Period: Base POP Begin: 04-30-2023

LOCAL STOCK NUMBER: SSV01P01476A

APX NEXT SMART MESSAGING-PROMO

Contract Period: Base POP Begin: 04-30-2023

LOCAL STOCK NUMBER: SSV01P01901A

CC AWARE STARTER LOCATION & MAPPING FOR APX

NEXT (1ST YEAR TRIAL)

Contract Period: Base POP Begin: 04-30-2023

LOCAL STOCK NUMBER: SSV01P01685B

APX NEXT DMS ADVANCED W ACC DMG (1 YEAR)

Contract Period: Option 1 POP Begin: 04-30-2024 POP End: 03-31-2025 PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 7730 - Phonographs, Radios, CC AWARE STARTER LOCATION & MAPPING FOR APX

NEXT. (1 YEAR)

Contract Period: Option 1 POP Begin: 04-30-2024 POP End: 03-31-2025 PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing

APX NEXT SMART PROG (1 YEAR)

Contract Period: Option 1 POP Begin: 04-30-2024 POP End: 03-31-2025 PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing

0.00

APX NEXT SMART CONNECT (1 YEAR)

Contract Period: Option 1 POP Begin: 04-30-2024 POP End: 03-31-2025 PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing

APX NEXT SMART LOCATE (1 YEAR)

Contract Period: Option 1 POP Begin: 04-40-2024 POP End: 03-31-2025 PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing

APX NEXT SMART MESSAGING (1 YEAR)

Contract Period: Option 1 POP Begin: 04-30-2024 POP End: 03-31-2025 PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment

AWARE STARTER

Contract Period: Option 1 POP Begin: 04-30-2024 POP End: 03-31-2025 PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing

DEVICE PROGRAMMING

Contract Period: Option 1 POP Begin: 04-30-2024 POP End: 03-31-2025 PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing

APX NEXT DMS ADVANCED W ACC DMG (1 YEAR)

Contract Period: Option 2 POP Begin: 04-40-2025 POP End: 03-31-2026 PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing

CC AWARE STARTER LOCATION & MAPPING FOR APX

NEXT. (1 YEAR)

Contract Period: Option 2 POP Begin: 04-30-2025 POP End: 03-31-2026 PRINCIPAL NAICS CODE: 334220 - Radio and Television

APX NEXT SMART PROG (1 YEAR)

Contract Period: Option 2

POP Begin: 04-40-2025 POP End: 03-31-2026 PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing

APX NEXT SMART CONNECT (1 YEAR)

Contract Period: Option 2 POP Begin: 04-30-2025 POP End: 03-19-20263 PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing

APX NEXT SMART LOCATE (1 YEAR)

Contract Period: Option 2 POP Begin: 04-30-2025 POP End: 03-31-2026 PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing

APX NEXT SMART MESSAGING (1 YEAR)

Contract Period: Option 2 POP Begin: 04-30-2025 POP End: 03-31-2026 PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing

AWARE STARTER

Contract Period: Option 2 POP Begin: 04-30-2025 POP End: 03-31-2026 PRINCIPAL NAICS CODE: 334220 - Radio and Television

DEVICE PROGRAMMING

Contract Period: Option 2 POP Begin: 04-30-2025 POP End: 03-31-2026 PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing

APX NEXT DMS ADVANCED W ACC DMG (1 YEAR)

Contract Period: Option 3 POP Begin: 04-30-2026 POP End: 03-31-2027 PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing

CC AWARE STARTER LOCATION & MAPPING FOR APX

NEXT. (1 YEAR)

Contract Period: Option 3 POP Begin: 04-30-2026 POP End: 03-31-2027 PRINCIPAL NAICS CODE: 334220 - Radio and Television

APX NEXT SMART PROG (1 YEAR)

Contract Period: Option 3 POP Begin: 04-30-2026 POP End: 03-31-2027 PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing

APX NEXT SMART CONNECT (1 YEAR)

Contract Period: Option 3 POP Begin: 04-30-2026 POP End: 03-31-2027 PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing

APX NEXT SMART LOCATE (1 YEAR)

Contract Period: Option 3 POP Begin: 04-30-2026 POP End: 03-31-2027 PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing

APX NEXT SMART MESSAGING (1 YEAR)

Contract Period: Option 3 POP Begin: 04-30-2026 POP End: 03-31-2027 PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing

AWARE STARTER

Contract Period: Option 3 POP Begin: 04-30-2026 POP End: 03-31-2027 PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing

DEVICE PROGRAMMING

Contract Period: Option 3 POP Begin: 04-30-2026 POP End: 03-31-2027 PRINCIPAL NAICS CODE: 334220 - Radio and Television

Broadcasting and Wireless Communications Equipment Manufacturing

APX NEXT DMS ADVANCED W ACC DMG (1 YEAR)

Contract Period: Option 4 POP Begin: 04-30-2027 POP End: 03-31-2028 PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing

CC AWARE STARTER LOCATION & MAPPING FOR APX

NEXT. (1 YEAR)

Contract Period: Option 4 POP Begin: 04-30-2027 POP End: 03-31-2028 PRINCIPAL NAICS CODE: 334220 - Radio and Television

APX NEXT SMART PROG (1 YEAR)

Contract Period: Option 4 POP Begin: 04-30-2027 POP End: 03-31-2028 PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing

APX NEXT SMART CONNECT (1 YEAR)

Contract Period: Option 4 POP Begin: 04-30-2027 POP End: 03-31-2028 PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing

APX NEXT SMART LOCATE (1 YEAR)

Contract Period: Option 4 POP Begin: 04-30-2027 POP End: 03-31-2028 PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing

APX NEXT SMART MESSAGING (1 YEAR)

Contract Period: Option 4 POP Begin: 04-30-2027 POP End: 03-31-2028 PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing

AWARE STARTER

Contract Period: Option 4 POP Begin: 04-30-2027 POP End: 03-31-2028 PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing

DEVICE PROGRAMMING

Contract Period: Option 4 POP Begin: 04-30-2027 POP End: 03-31-2028 PRINCIPAL NAICS CODE: 334220 - Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing

GRAND TOTAL _______________

B.4 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY

DELIVERY

DATE

0001-

SHIP TO: Department of Veterans Affairs VA North Texas Health Care System BLDG 44, 4500 S. Lancaster Rd.

Dallas, TX 75216

USA

30.00 30 April 2023

MARK

FOR:

Maleisha Anderson 214-857-3728 maleisha.anderson@va.gov

30.00

15.00

1.00

SECTION C - CONTRACT CLAUSES

C.1 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 60 Days..

(End of Clause)

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

2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 60 Days.; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 90 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

(End of Clause)

C.3 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

(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. 4701 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.