36C25919Q0417-001.docx

36C25919Q0417

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C25919Q0417 07-08-2019 Mitchael Purdom 918-577-4435 07-19-2019 14:00 36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

1011 Honor Heights Dr Muskogee OK 74401 X X 811219 $20.5 Million X N/A X Montana VA Health Care Systme 1898 Fort Road Sheridan WY 82801 36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

1011 Honor Height Dr Muskogee OK 74401

Department of Veterans Affairs Financial Service Center PO Box 149971 Austin TX 78714-9971 See CONTINUATION Page Respond to Solicitation:

Preferred: e-mail to mitchael.purdom@va.gov Acceptable: mail to (see block 9 above) must be received on/before due date/time (see block 8) **Faxes will not be accepted.* See CONTINUATION Page X X Lance Davis CO

NCO1616L2-5045

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 36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

1011 Honor Heights Dr Muskogee OK 74401

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.

Department of Veterans Affairs Financial Service Center PO Box 149971 Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 Performance Work Statement

Performance Work Statement (PWS)

Preventative Maintenance, Repair, and Inspection of Medical Gas Equipment Sheridan VA Medical Center 1898 Fort Road Sheridan, Wy 82801-8322 Purpose:

Veterans Affairs requires a qualified contractor to maintain, program, repair and manage medical gas equipment. System maintenance ensures the system operates according to OEM standards for each piece of equipment. Preventative maintenance ensures the medical facility can provide and use medical air and vacuum when required, that system must be reliable and meet the VA energy conservation requirements. Services must be accomplished in a cost effective, safe, efficient and secure manner for the VA and in support of the VA Mission.

Performance Period: This contract is a one-year base contract with up to four optional years.

Equipment Manufacturer (OEM): Beacon Medaes Equipment

Equipment: As follows:

Building 71 Dental Air Compressor – Powerex, Model No SES050822, Serial No 034333-95 Dental Air Compressor – Ingersoll Rand, Model No SSR-EP7.5, Serial No A01767U94238 Dental Air Dryer – Beacon Laboratories, Model No Duplex, Serial No 75-2372-3 Dental Vacuum – RamVac, Model No Bulldog QT2, Serial No QT0907160 Building 71N Medical Air Compressor – Beacon Medaes, Model No 410700792, Serial No 237876-2 PW Medical Air Vacuum – Beacon Medaes, Model No 4107107489, Serial No HOP351251 Building 86 Medical Air Compressor – Beacon Medaes, Model No 4107005423, Serial No HOP450799 Medical Air Vacuum – Ohmedu, Model No RC0100, Serial NoEAXY00129

Qualified Contractor: To fully qualify in performing services on this contract, and per this PWS, the Contractor must satisfy OEM standards.

Qualifications:

· Service technicians shall be qualified, certified, have experience, and shall have authorization to work on, maintain, program, repair and manage proprietary Beacon Medaes systems.

· Contractor shall be factory authorized and certified for Beacon Medaes system installation, control system service, and equipment service.

· Service technicians shall have all necessary tools to complete all required maintenance and repair of the system and programs.

· Service technicians shall have access to specialized Beacon Medaes factory supplied technical support teams.

· Service technicians shall have specialized knowledge, training, and experience for Beacon Medaes systems and equipment.

· Company shall provide written documentation of a minimum of three years’ experience providing Beacon Medaes equipment service.

Standards:

· Compressed air intake filters shall be changed monthly. The expected is to be 100% complete monthly.

· Vacuum equipment filters shall be changed monthly. The expected is to be 100% complete monthly.

· Water shall be drained from compressed air tanks monthly. The expected is to be 100% complete monthly.

· Air compressor and vacuum pump belts shall be changed monthly. The expected is to be 100% complete monthly.

· Invoicing shall be provided monthly, and shall include a list of tasks performed, the number of hours spent on each task, and the number of travel trips. Invoicing shall be for the number of hours spent on inspection, system maintenance, and repair accomplished, and actual trips needed. Invoicing up to 100% of the contracted amount is acceptable.

Contractor Personnel Security Requirements:

· Contractors will be required to obtain a contractor badge and wear it while performing work on VAMC property.

Contractor must meet the following objectives:

· Contractor shall Change filters, drain water, check and replace belts, check settings, and verify operation of the medical equipment listed in this document.

· Contractor shall provide preventative maintenance and service as listed in the service manuals for each piece of equipment listed in this document.

· Contractor shall provide the VA access to Beacon Medaes, Beacon Laboratories, Ingersoll Rand, RamVac, Ohmeda, and PowerEx OEM equipment sales, parts sales, and controls sales.

· Provide all materials, supplies, equipment, tools, and labor, necessary to perform equipment maintenance, programming, and repair.

· Contractor shall provide up to four (4) hours of equipment maintenance service per month for a maximum of 48 hours over a 12 month period.

· Provide monthly itemized report of work performed.

· Coordinate work with the appropriate VAMC Personnel and contract COR prior to providing work.

· As part of the OEM-standard of service required on this contract, contractor must supply all replacement parts. All parts will be O.E.M. recommended parts.

· Contractor shall be responsible for shipment of repair parts with FOB destination terms.

Constraints/Boundaries:

· Work will be performed for up to four hours a month. A work rate per hour and a per trip travel cost shall be listed individually on invoices. The incumbent’s proposal shall include a per hour price for labor, a per trip price for travel, a total cost per month if 4 hours were worked, and a total cost per year if 4 hours of work is performed each of 12 months, for a total of 48 hours per year.

· All work over four hours per month shall be approved by the COR.

· Perform the work during normal hours (7:30 am to 4:00 pm, Monday thru Friday). Hours may be adjusted with approval of COR prior to scheduling.

· Contractor shall be required to meet a 2-hour response time to this facility to make any necessary repairs.

· Contractor shall notify the COR if access is needed to a controlled area requiring escort.

This is a non-personal services contract. The Contractor, it’s employees, agents and subcontractors shall not be considered government employees for any purpose. Contractor shall furnish all labor, materials, parts, equipment, tools, insurances, licenses, certifications and supervision necessary to provide services in accordance with this Performance Work Statement (PWS) and contract. The Contractor is responsible for all charges, fees, applications and procurement of all permits, licenses, registrations and certificates, pursuant to lawful application of the provision of services. For a contract of this size, scope and complexity, the successful Contractor must perform with a quality and a professional manner as recognized by commercial industry standards as good to excellent. The Contractor is expected to provide a turnkey operation following award of contract.

FEDERAL HOLIDAYS AND STANDARD BUSINESS HOURS

Contract performance should occur between 8:00am to 5 pm Monday-Friday excluding Federal holidays, except by special alternate arrangement, coordinated and authorized by the COR. Contractor must coordinate all services with the COR. Contractor can request Biomedical Engineering to stay on site for after-hours access to spaces required to meet relocation metrics. The contractor must have this approved by the Biomedical Engineering COR and it will incur no cost.

The Federal Government observes the following days as holidays.

*Holidays that fall on Saturday are observed on the preceding Friday. Holidays that fall on Sunday are observed on the following Monday.

In addition to the days designated as holidays, the Government observes the following days:

· Any other day designated by Federal Statute

· Any other day designated by Executive Order

· Any other day designated by the President of the United States to be a Federal holiday

SERVICE REPORTS of item functioning

Service report must include the following information:

· Equipment information, including model and serial number

· Date equipment was moved

· Contact name phone number and email of individual in charge of service

· Date and time of service performed

· Details of service performed including notes that unit is in proper working condition

CONTRACT OVERSIGHT BY THE CONTRACTOR

Authority to Make Changes: The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract. In the event the Contractor affects any changes at the direction of any person other than the Contracting Officer, the changes will be considered to have been made without authority and no adjustment will be made in the contract price or schedule to cover any increase in costs incurred as a result thereof. The Contracting Officer shall be the only individual authorized to accept nonconforming work, waive any requirement of the contract, and/or modify any term or condition of the contract. The Contracting Officer is the only individual who can legally obligate Government funds. No costs chargeable to the proposed contract can be incurred before receipt of a fully executed contract or specific authorization from the Contracting Officer.

SAFETY AND COMPLIANCE -The Contractor must perform services in accordance with:

1) All federal, state and local laws, whether related to the performance of contract services.

2) Local, state and federal Occupational Safety and Health guidelines and legislation, to include Occupational Safety and Health Administration (OSHA);

3) Local, state and federal guidelines and legislation, as well as OKC VAHCS Directives and guidelines, relating to privacy protection laws

Coordination of relocation must be accomplished at least 48 hours in advance of service performance. The contractor must coordinate through the local POC so that the necessary support may be provided by the VA to the contractor with regards to allowing an easy and safe commuting area. This will also allow notice to be provided to VA staff and visitors in advance.

Medical Center Directives and Policies Each VA Medical Center has directives and policies that are updated from time to time. The COR can provide more detailed information to the contractor of these upon commencement of the contract and throughout the term of the contract, as needed. VA universal policies include parking, possession of weapons, cell phone use, and use of photography as well as smoking on VA property. Contractor’s must comply with posted rules and signs on federal property. Violations of such policies may result in individual fines or citation answerable in the United States (Federal) District Court.

Remedy or Rework - Rework or Remedy is defined as performing the Service again until the Purpose of this PWS is achieved in full. This involves less than Satisfactory Service by the Contractor and as noted by the COR. Rework or Remedy must occur within a reasonable time, but no more than 5 business days of the notice of the rework or remedy requirement from the COR and at no additional cost to the Government. In the event climate or weather conditions make it unsuitable for Services, the entire service date will be re- scheduled to a date and time mutually agreeable to the contractor and the COR. Postponement because of these circumstances will not reflect any penalties assessed to the Contractor or to the Government.

Government Responsibilities - Work closely with the vendor and provide access to areas to complete required system inspection, maintenance, and repair.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

PM of Dental Air Compressor - Powerex Model # : SES050822 Serial # : 034333-95 Contract Period: Base POP Begin: 08-01-2019 POP End: 07-31-2020

PM of Dental Air Compressor - Ingersoll Rand Model # : SSR-EP7.5 Serial # : A017667U94238 Contract Period: Base

PM of Dental Air Dryer - Beacon Laboratories Model # : Duplex Serial # : 75-2372-3 Contract Period: Base

PM of Dental Vacuum - RamVac Model # : QT2 Serial # : QT0907160 Contract Period: Base

PM of Medical Air Compressor - Beacon Medaes Model # : 410700792 Serial # : 237876-2-PW Contract Period: Base

PM of Medical Air Vacuum - Beacon Medaes Model # : 4107107489 Serial # : HOP351251 Contract Period: Base

PM of SPS Instrument Air Compressor - Gardner Denver Model # : ENVSM3-10ASP27, BENV3D-3-325SMS800 Serial # : D185824 Contract Period: Base

PM of Medical Air Compressor - Beacon Medaes Model # : 4107005423 Serial # : HOP450799 Contract Period: Base

PM of Medical Air Compressor - Ohmedu Model # : RC0100 Serial # : EAXY00129 Contract Period: Base

Semi-Annual Medical Gas Equipment Inspection and report.

Contract Period: Base

PM of Dental Air Compressor - Powerex

Serial # : 034333-95 Contract Period: Option 1 POP Begin: 08-01-2020 POP End: 07-31-2021

PM of Dental Air Compressor - Ingersoll Rand

Serial # : A017667U94238 Contract Period: Option 1

PM of Dental Air Dryer - Beacon Laboratories

Serial # : 75-2372-3 Contract Period: Option 1

PM of Dental Vacuum - RamVac

Serial # : QT0907160 Contract Period: Option 1

PM of Medical Air Compressor - Beacon Medaes

Serial # : 237876-2-PW Contract Period: Option 1

PM of Medical Air Vacuum - Beacon Medaes

Serial # : HOP351251 Contract Period: Option 1

PM of SPS Instrument Air Compressor - Gardner Denver

Serial # : D185824 Contract Period: Option 1

PM of Medical Air Compressor - Beacon Medaes

Serial # : HOP450799 Contract Period: Option 1

PM of Medical Air Compressor - Ohmedu

Serial # : EAXY00129 Contract Period: Option 1

Semi-Annual Medical Gas Equipment

Contract Period: Option 1

PM of Dental Air Compressor - Powerex

Serial # : 034333-95 Contract Period: Option 2 POP Begin: 08-01-2021 POP End: 07-31-2022

PM of Dental Air Compressor - Ingersoll Rand

Serial # : A017667U94238 Contract Period: Option 2

PM of Dental Air Dryer - Beacon Laboratories

Serial # : 75-2372-3 Contract Period: Option 2

PM of Dental Vacuum - RamVac

Serial # : QT0907160 Contract Period: Option 2

PM of Medical Air Compressor - Beacon Medaes

Serial # : 237876-2-PW Contract Period: Option 2

PM of Medical Air Vacuum - Beacon Medaes

Serial # : HOP351251 Contract Period: Option 2

PM of SPS Instrument Air Compressor - Gardner Denver

Serial # : D185824 Contract Period: Option 2

PM of Medical Air Compressor - Beacon Medaes

Serial # : HOP450799 Contract Period: Option 2

PM of Medical Air Compressor - Ohmedu

Serial # : EAXY00129 Contract Period: Option 2

Semi-Annual Medical Gas Equipment

Contract Period: Option 2

PM of Dental Air Compressor - Powerex

Serial # : 034333-95 Contract Period: Option 3 POP Begin: 08-01-2022 POP End: 07-31-2023

PM of Dental Air Compressor - Ingersoll Rand

Serial # : A017667U94238 Contract Period: Option 3

PM of Dental Air Dryer - Beacon Laboratories

Serial # : 75-2372-3 Contract Period: Option 3

PM of Dental Vacuum - RamVac

Serial # : QT0907160 Contract Period: Option 3

PM of Medical Air Compressor - Beacon Medaes

Serial # : 237876-2-PW Contract Period: Option 3

PM of Medical Air Vacuum - Beacon Medaes

Serial # : HOP351251 Contract Period: Option 3

PM of SPS Instrument Air Compressor - Gardner Denver

Serial # : D185824 Contract Period: Option 3

PM of Medical Air Compressor - Beacon Medaes

Serial # : HOP450799 Contract Period: Option 3

PM of Medical Air Compressor - Ohmedu

Serial # : EAXY00129 Contract Period: Option 3

Semi-Annual Medical Gas Equipment

Contract Period: Option 3

PM of Dental Air Compressor - Powerex

Serial # : 034333-95 Contract Period: Option 4 POP Begin: 08-01-2023 POP End: 07-31-2024

PM of Dental Air Compressor - Ingersoll Rand

Serial # : A017667U94238 Contract Period: Option 4

PM of Dental Air Dryer - Beacon Laboratories

Serial # : 75-2372-3 Contract Period: Option 4

PM of Dental Vacuum - RamVac

Serial # : QT0907160 Contract Period: Option 4

PM of Medical Air Compressor - Beacon Medaes

Serial # : 237876-2-PW Contract Period: Option 4

PM of Medical Air Vacuum - Beacon Medaes

Serial # : HOP351251 Contract Period: Option 4

PM of SPS Instrument Air Compressor - Gardner Denver

Serial # : D185824 Contract Period: Option 4

PM of Medical Air Compressor - Beacon Medaes

Serial # : HOP450799 Contract Period: Option 4

PM of Medical Air Compressor - Ohmedu

Serial # : EAXY00129 Contract Period: Option 4

Semi-Annual Medical Gas Equipment

Contract Period: Option 4

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

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

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

(End of Clause)

C.2 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee's employment.

(3) Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor's employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

(End of Clause)

C.3 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

(a) Definitions. As used in this clause— Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that—

(1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into SAM;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

System for Award Management (SAM) means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes—

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See http://www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) If the solicitation for this contract contained the provision 52.204–7 with its Alternate I, and the Contractor was unable to register prior to award, the Contractor shall be registered in SAM within 30 days after award or before three days prior to submission of the first invoice, whichever occurs first.

(c) The Contractor shall maintain registration in SAM during contract performance and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement. The Contractor is responsible for the currency, accuracy and completeness of the data within SAM, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in SAM after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in SAM to ensure it is current, accurate and complete. Updating information in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(d)(1)(i) If a Contractor has legally changed its business name or ‘‘doing business as’’ name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to—

(A) Change the name in SAM;

(B)Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (d)(1)(i) of this clause, or fails to perform the agreement at paragraph (d)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the ‘‘Suspension of Payment’’ paragraph of the electronic funds transfer (EFT) clause of this contract.

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

(3) The Contractor shall ensure that the unique entity identifier is maintained with the entity designated at www.sam.gov for establishment of the unique entity identifier throughout the life of the contract. The Contractor shall communicate any change to the unique entity identifier to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the unique entity identifier does not necessarily require a novation be accomplished.

(e) Contractors may obtain additional information on registration and annual confirmation requirements at www.sam.gov.

(End of Clause)

C.4 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)

(a) Definition. As used in this clause— Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

(b) Contractors shall ensure that the CAGE code is maintained throughout the life of the contract. For contractors registered in the System for Award Management (SAM), the DLA Commercial and Government Entity (CAGE) Branch shall only modify data received from SAM in the CAGE master file if the contractor initiates those changes via update of its SAM registration. Contractors undergoing a novation or change-of-name agreement shall notify the contracting officer in accordance with subpart 42.12. The contractor shall communicate any change to the CAGE code to the contracting officer within 30 days after the change, so that a modification can be issued to update the CAGE code on the contract.

(c) Contractors located in the United States or its outlying areas that are not registered in SAM shall submit written change requests to the DLA Commercial and Government Entity (CAGE) Branch. Requests for changes shall be provided at https://cage.dla.mil. Change requests to the CAGE master file are accepted from the entity identified by the code.

(d) Contractors located outside the United States and its outlying areas that are not registered in SAM shall contact the appropriate National Codification Bureau (points of contact available at http://www.nato.int/structur/AC/135/main/links/contacts.htm) or NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx to request CAGE changes.

(e) Additional guidance for maintaining CAGE codes is available at https://cage.dla.mil.

(End of Clause)

C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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

(End of Clause)

C.6 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 15 Days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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.7 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

(End of Clause)

C.8 52.237-3 CONTINUITY OF SERVICES (JAN 1991)

(a) The Contractor recognizes that the services under this contract are vital to the Government and must be continued without interruption and that, upon contract expiration, a successor, either the Government or another contractor, may continue them. The Contractor agrees to (1) furnish phase-in training and (2) exercise its best efforts and cooperation to affect an orderly and efficient transition to a successor.

(b) The Contractor shall, upon the Contracting Officer's written notice, (1) furnish phase-in, phase-out services for up to 90 days after this contract expires and (2) negotiate in good faith a plan with a successor to determine the nature and extent of phase-in, phase-out services required. The plan shall specify a training program and a date for transferring responsibilities for each division of work described in the plan, and shall be subject to the Contracting Officer's approval. The Contractor shall provide sufficient experienced personnel during the phase-in, phase-out period to ensure that the services called for by this contract are maintained at the required level of proficiency.

(c) The Contractor shall allow as many personnel as practicable to remain on the job to help the successor maintain the continuity and consistency of the services required by this contract. The Contractor also shall disclose necessary personnel records and allow the successor to conduct on-site interviews with these employees. If selected employees are agreeable to the change, the Contractor shall release them at a mutually agreeable date and negotiate transfer of their earned fringe benefits to the successor.

(d) The Contractor shall be reimbursed for all reasonable phase-in, phase-out costs (i.e., costs incurred within the agreed period after contract expiration that result from phase-in, phase-out operations) and a fee (profit) not to exceed a pro rata portion of the fee (profit) under this contract.

(End of Clause)

C.9 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

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

(End of Clause)

C.10 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009)

The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses or veteran-owned small businesses proposed as subcontractors in accordance with 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, or to substitute one or more service-disabled veteran-owned small businesses or veteran-owned small businesses for subcontract work of the same or similar value.

(End of Clause) C.11 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes FAR 52.219-4 Notice of Price Evaluation Preference for HubZone Small Business Concerns.

(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.12 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes the clause: 852.215-70 Service-disabled veteran-owned and veteran-owned small business evaluation factors. Accordingly, any contract resulting from this solicitation will include the clause 852.215-71 Evaluation factor commitments.

(b) The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) to assist in assessing Contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the Contractor's business records or other proprietary data to review such business records regarding contract 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 compliance with the subcontracting commitments.

(End of Clause)

C.13 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

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

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

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).

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

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause)

C.14 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of Wyoming. Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from.

(End of Clause)

(End of Addendum to 52.212-4)

C.15 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2019)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(4) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

[] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

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

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109–282) (31 U.S.C. 6101 note).

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

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery…