36C25920Q0490_1.docx

36C25920Q0490

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

660-20-3-984-0941

36C25920Q0490 07-01-2020 Susan Dela Cruz 303-712-5761 07-21-2020 3:30pm MDT 36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

X

541519 150 Employees

N/A

Department of Veterans Affairs Medical Center 500 Foothill Drive Salt Lake City

UT 84148

36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

TBD

Department of Veterans Affairs Financial Service Center PO Box 149971 Austin TX 78714-9971

See CONTINUATION Page

The Contractor shall provide the Parts and Services of Wi-Fi and Wayfinding Services located at VA Medical Center, Salt Lake City, UT 84148.

Estimated Period of Performance After Installation of Parts:

Base Year: 6/5/2021 - 9/4/2021 Option Year 1: 9/5/2021 - 9/4/2022 Option Year 2: 9/5/2022 - 9/4/2023 Option Year 3: 9/5/2023 - 9/4/2024 Option Year 4: 9/5/2024 - 9/4/2025

See CONTINUATION Page

660-3600160A1-984-825500-3133 010042198

Susan Dela Cruz

VA-VHA-2020-17D99F19

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.1.1. Contract Administration: All contract administration matters will be handled by the following individuals:

B.1.1.1. CONTRACTOR: Name:

Title:

Company:

Duns Number:

Address:

B.1.1.2. GOVERNMENT: Contracting Officer 36C259 Contracting Officer Susan Dela Cruz Email: Susan.DelaCruz@va.gov Phone: 303-712-5761 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

B.1.1.3. GOVERNMENT: Contracting Officer Representatives

TBD

Email:

Phone:

Department of Veterans Affairs Medical Center 2121 North Avenue Grand Junction, CO 81501

B.1.2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

B.1.3. GOVERNMENT INVOICE ADDRESS: Invoices shall be submitted in arrears:

c. Other [X] In arrears B.1.4. 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.

VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Tungsten Network

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971

Invoicing shall be in accordance with the requirements of The Department of Veterans Affairs (VA) Financial Services Center (VAFSC). The latest information shall be used for invoicing and payments and may change during the Period of Performance of this acquisition. Invoice requirements are currently as follows: Invoice Number, Invoice Date, Purchase Order Number, Unit Price, Quantity and Unit of Measure, Total Invoice Price, Ship-To Location Name and/or code, Receipt of Goods/ Services, Invoice Payment Terms.

Current Invoicing information is located at http://www.fsc.va.gov/einvoice.asp. It states:

1.4.1. FSC Mandatory Electronic Invoice Submission: The Department of Veterans Affairs published a final rule in the Federal Register on November 27, 2012 to require contractors to submit payment requests in electronic form in order to enhance customer service, departmental productivity, and adoption of innovative information technology, including the appropriate use of commercial best practices. The rule is effective December 27, 2012.

1.4.2. Vendor Electronic Invoice Submission Methods: Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods below:

1.4.3. VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, TUNGSTEN NETWORK (formerly OB10), to transition vendors from paper to electronic invoice submission. Please see TUNGSTEN NETWORK contact information below to begin submitting electronic invoices, free of charge.

1.4.4. A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI). The X12 EDI Web site (http://www.x12.org).

1.4.5. Vendor e-Invoice Set-Up Information: Please contact TUNGSTEN NETWORK at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have question about the e-invoicing program or TUNGSTEN NETWORK, please contact the FSC at the phone number or email address listed below:

a. TUNGSTEN NETWORK e-Invoice Setup Information: 1 877-489-6135 (Contact 1st) 1-470-305-4896, Option 1; and

b. TUNGSTEN NETWORK e-Invoice email: va.registration@tungsten-network.com;

c. FSC e-Invoice Contact Information: 1-877-353-9791; and

d. FSC e-invoice email: vafsccshd@va.gov B.1.5. ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 PERFORMANCE WORK STATEMENT

Guest Wi-Fi and Wayfinding for VA Salt Lake City Campus

1. Scope:

Veteran Affairs Salt Lake City Health Care System (VASLCHCS) is looking to install a turn-key Virtual Bluetooth Low Energy (vBLE) cloud managed Wireless (Wi-Fi) and wayfinding solution at the Salt Lake City Main Campus, 500 Foothill Drive, Salt Lake City UT 84148. The contractor shall provide all labor, material and equipment to install hardware, software, configure and test this Wi-Fi and Wayfinding solution.

The Contractor shall utilize this PWS as well as As-Built drawings, electrical plans and documents and possible site visits as a basis for preparing a quote. The solution shall include all buildings throughout campus to include the underground tunnels that connect buildings as well as coverage in the parking garage and outdoor parking areas. The solution is required to be an air gapped, separate, fully operational Guest Internet Access Network.

2. Specific Tasks:

Technical:

The Contractor shall provide a turn-key wired distributed access system that must use vBLE technology for guest wayfinding and should be designed to be a fully air gapped network from the existing IT wireless. Existing fiber can be used between buildings, but contractor shall be required to add additional fiber in areas where fiber is not currently available. Coverage shall be throughout campus in all buildings, delivering pervasive coverage for wayfinding and guest Wi-Fi. The solution will also require some outdoor coverage including coverage within the 3-story parking garage.

A. The scope of this requirement will include all necessary hardware, software, installation, training, sustainment, support and warranty required for Guest Wi-Fi and Wayfinding services throughout the VASLCHCS main campus. The proposals must include the cost of a dedicated external internet connection with suitable bandwidth for a facility of our size.

B. The contractor must provide new hardware and licenses in creating the guest Wi-Fi solution. The switches must be either Juniper or Cisco branded. The federal government has determined these are the only acceptable brands for use within the VA.

C. Wi-Fi Requirements

· Access Point must be capable of Wi-Fi 802.11ax Wave 2 4x4:4.

· Access Point must support integrated 802.11ac Wave 2 sensor radio for security, network and location scanning.

· Access Point must be available in internal and external antenna version.

· Access Point must be available in indoor and outdoor (IP67 rated) version.

· Indoor Access point should support an IoT expansion port.

· Indoor Access Point should support PoE-out functionality to any PoE device capable of operating in 6W or less (e.g. BT11 vBLE only access point).

· Access Points must support integrated vBLE 16-element antenna array.

· Access Points must support Dynamic Packet Capture for user experience monitoring and troubleshooting.

· Access Points must support on-demand or manual packet capture for troubleshooting.

· Access Points should support Radio Resource Management (RRM) using both instantaneous data as well as 24-hour data collected from the site.

· The Wi-Fi infrastructure should support creating Personal Wireless Local Area Network (PWLAN) with security segmentation leveraging one common SSID (Single Set Identifier).

· The Wi-Fi infrastructure should have the option of leveraging or is VNA (Virtual Network Assistant) ready. VNA is a Natural Language Processing (NLP) AI-driven assistant that troubleshoots network issues, provides rich insights into network operations and utilization.

D. vBLE requirements

· Converged Wi-Fi/vBLE or vBLE only Access Points shall be configurable and manageable through a management portal interface.

· The system shall support beaconing in Apple iBeacon, Google Eddystone and AltBeacon advertising format in order to be able to be used on a wide variety of patient devices.

· Accuracy of BLE based location/engagement is expected to be within 1-3 meters with sub-second latency.

· The system shall automatically adapt to different devices and RF environments.

E. The contractor shall be required to determine the proper network topology and appropriate amount of hardware to provide the required coverage outlined. This is to include all wiring for access points, switches, routers and other equipment deemed necessary by the contractor.

F. The contractor shall protect all finished spaces and surfaces at no additional cost to the VASLCHCS. The contractor shall be financially responsible for repairing any damage or noted deficiencies to finished spaces and surfaces that occur as a result of the contractors (or sub-contractors) installation.

G. The contractor shall be responsible for cable management, labeling of all network cables, cables, ports, etc. associated with the guest Wi-Fi and Wayfinding installation.

H. Existing cable trays, raceways, or j-hooks shall be used where available for cable distribution. For locations where cable trays are not available, cabling shall be fastened with appropriate fasteners to ensure a secure and neat installation. Where cable penetrates fire and smoke walls that do not have existing cable trays, proper fire sleeves shall be installed in accordance with National Fire Protection Association code NFPA-101 Life Safety Code using approved fire stop material to seal all penetrations. The only fire stop product approved by the facility is Hilti brand.

I. The centralized interactive WayFinding/notifications system shall use digital kiosks (“WayFinding stations”) that shall allow the user to map directions to their destination. The facility will require five (5) of these kiosks. The three (3) of the five (5) Kiosks need to be able to be placed on the floor and interacted with, which will likely require a stand of some sort. The other two (2) kiosks shall be wall mounted. The kiosk needs to have a touch screen monitor of at least 40” but larger is acceptable. The solution shall also provide the ability to utilize an app to use the same mapping technology for navigating around campus. Guests shall be able to navigate to any patient care area throughout the campus.

J. The locations of the WayFinding/Guest Wi-Fi Access Points (AP) and Wayfinding Kiosks shall be detailed by the contactor and listed in on CAD (Computer-aided design) drawings. The CAD drawings should include locations of all major network hardware components including but not limited to servers, switches and server rack locations. Contractor of Sub-contractor shall run all required CAT-6 or above-ceiling cabling from the AP locations to the nearest networking closet. No run shall exceed the 100M data limit. At the offeror’s request, the Salt Lake City VA shall, to the best of its ability, supply additional documentation which could assist the offeror with a better design concept.

K. The Wayfinding stations shall provide patients with the opportunity to receive Wayfinding maps/routes (Via downloaded Wayfinding Application using a quick response (QR) code scanning on their smartphone or using an independent web-based App. and/or texting to their phone number inputted at the Kiosk). The ability to also find accessible amenities, restaurant/food amenities, messages and warnings that improve navigating the facility. This shall also support visually impaired patrons as needed.

L. The Guest Wi-Fi system shall provide guests/staff with Wi-Fi internet access and the system must be capable of blocking unwanted traffic with content filtering. The system must also be capable of tracking devices that violate configured policies and ban them from the network. For ongoing management of the system, a reporting portal shall track system usage and advanced analytics tools.

M. The system shall be compliant with IEEE 802.11ac standards and offer access to a wide-range of patient and visitor owned devices. User devices include laptop computer systems with a variety of operating systems (i.e., Windows, Apple, Linux, etc.); as well as smart phones and tablet computers.

N. All systems, equipment, peripherals, and components shall meet the standards delineated by applicable laws and regulations, such as Section 508 Amendment to the Rehabilitation Act of 1973 and others. In recognition and support of the “Electronic and Information Accessibility Standards” defined by Section 508 of the Rehabilitation Act, the offeror should include published accessibility self-assessments of proposed products using Voluntary Product Accessibility Templates (VPAT) and/or Government Product Accessibility Templates (GPAT) when available.

O. The Contractor shall submit a proposal based on predictive survey using known vBLE technology recommendations for pervasive building coverage and detailed building plans and public Wi-Fi network infrastructure provided with this salutation. This shall include the analysis of building floor plans and inspection of the facility.

P. The Contractor shall perform the Radio Frequency (RF) test during the site visit for interference and identify optimum installation locations for access points and installation of cable runs.

Q. Vendor shall provide (separate line item) optional costing for four (4)-years of optional licensing fees, internet connection fees, applications fees and service coverage.

3. Project Management:

Installation Requirements & Hours A. Contractor working hours on the VASLCHCS Campus shall be from 6:00 am – 5:00 pm Mountain Standard Time (MST) Monday through Friday excluding Federal Holidays, unless negotiated and approved in advance by the Contracting Officer (CO). The contractor shall ensure that the installer, whether that is the contractor or sub-contractor, check in with the VA POC every day during the installation process. After completion of the project, the COR, Technical Experts, and Vendor shall review the installation and operation of the system to assure the work is satisfactory before turning over the project to the operations and maintenance phase and signing a VA letter of acceptance.

B. The contractor shall provide a designated individual or group to meet with VA project owners including the COR for the first year of operation after the product has been turned-over to the VA. This shall include monthly on-site visits unless determined unnecessary by the VA. Expectation is the contractor shall work closely with the site technical expert and/or the COR and/or Project Manager to coordinate and or help with updates, training, operations, and/or technical issues for any peripherals, and associated components and devices.

C. The contractor must inform the Contracting Officer Representative (COR), or Contracting Officer when any personnel is removed from the contract within two (2) business days of receiving notice unsatisfactory performance of contract employee. All Contractor employees are subject to immediate removal from performance of this contract when they are involved in a violation of the law, VA security, confidentiality requirements and/or other disciplinary reasons.

D. Offerors shall submit a Contractor Project Management Plan (CPMP) covering all tasks required for the task order as part of their proposal. At a minimum, the CPMP shall include Project Schedule, Verification and Validation Plan, Training Plan, Roles and Responsibilities, Identification of Services to be Performed, Methodologies to Monitor Performance, Risk Management Plan, and Project Closeout Activities. The CPMP shall imbed industry-leading quality management practices.

E. All changes to proposed work practices or test procedures shall be documented and the documentation shall be submitted by the contractor project manager and approved by the COR as soon as practicable.

F. When approved by the Salt Lake City VA COR, the contractor shall operate under the CPMP. The CPMP shall promote excellence in all areas of the task order. The specifics of the CPMP and its component plans may be set and changed periodically through negotiation to establish parameters that are fair and optimally helpful to the objectives of the task order.

G. Contractor may store equipment and materials on-site only after they have accepted receiving that equipment. Contractor is responsible for inventory of the equipment and reporting to the COR or Project Manager any discrepancies in equipment received versus what is required. The Contractor shall have a total of 150 sq ft of storage space to utilize at the facility. Contractor shall be responsible for removal of all garbage/recycling generated from the project each day.

H. The contractor shall provide 5 days’ worth of training classes to an unlimited staff during normal working hours and one other shift to be determined. The training shall cover the proper use of the equipment and should be provided by a certified trainer for the equipment being installed. Industry best practices techniques. Copies of the operator and maintenance/service manuals shall be provided upon completion of project.

I. Contractor shall work with the facility for scheduling and installation areas daily. The installation locations are listed below and shall include all floors within those buildings. Building 1 & 14 are the priority one to have work completed. Second priority buildings are 3, 4, 8 & 16. All other buildings are last priority. Vendor shall provide proper PPE (masks, gloves, etc.) for their employees. Area specific PPE (e.g. Operating Room) will be provided by the facility. Vendor shall provide additional infection control measures such as HEPA containment systems when working in areas such as ICU, Operating Rooms and other high risk areas. The Salt Lake City VA staff will inform the vendor of required precautions of installation prior to work beginning.

· Building 1 (6 Floors: G & 1-5)

· Building 2 (3 Floors: G, 1, 2)

· Building 3 (3 Floors: G, 1, 2)

· Building 4 (2 Floors: B & 1)

· Building 5 (2 Floors: B & 1)

· Building 6 (1 Floor)

· Building 7 (1 Floor)

· Building 8 (3 Floors: G, 1, 2)

· Building 9 (1 Floor)

· Building 14 (5 Floors: B, G, 1-3)

· Building 16 (3 Floors, G, 1, 2)

· Building 18 (1 Floor)

· Building 38 (1 Floor)

· Building 47 (1 Floor)

· Trailer 1 (1 Floor)

· Trailer 2 (1 Floor)

· Parking Garage (3 Stories)

· Parking Lot 4 (~22,800 sq ft)

· Parking Lot 8 (~54,750 sq ft)

· Parking Lot 14 (~109,610 sq ft)

· Parking Lot 16 (~54,000 sq ft)

Post Installation Requirements A. Maintenance and technical support services shall be provided for base year and option years on an as needed basis. The vendor must provide technical support 24x7x365, with a maximum response time of 4 hours. When required, vendor must provide on-site support within 24 hours.

B. Warranty period shall begin after the project has been accepted as complete by the Medical Center. Acceptance will not be given until training has been completed.

C. Base year services will start after the project has been accepted as complete by the Medical Center. The option years will then be dated accordingly based on the base year start.

D. Post Installation Inspection will be conducted in two parts. After equipment has been installed in a given area, a verification of proper installation will be completed. This verification will include equipment and wire labeling, patch panel labeling, and wire pathways. During this inspection, the hospital inspector/s will ensure fire and smoke ratings are intact and meet code. A final post installation inspection will include functional verification of all aspects of the project. Inspections will be conducted by one or all of the following: Contracting Officer Representative (COR), Biomedical Engineering, Safety, and any other affected Engineering Staff.

E. Contractor shall provide (In PDF format) Heat maps, infrastructure layers of installed APs, and kiosk locations.

4. Certifications and Performance:

A. The contractor shall be a certified partner and/or authorized distributor (and shall provide proof) for installation and key programming of all hardware and software being installed.

B. Contractor shall be able to provide ongoing technical support of all installed hardware and software.

C. Contractor shall provide proof of prior operational situations they have performed in this arena (Wayfinding, Wi-Fi, Networking, VBLE technology).

D. Contractor shall supply information to Salt Lake City VA Hospital Police for background checks of daily “On-site” personnel. Only VA Badged personnel shall be allowed “unescorted” access to the facility. Contractor shall have at least two (2) personnel capable of being VA PIV badged.

5. SECURITY:

A. The Contractor’s solution shall provide for Layer I air gapped isolation to provide isolation from any other network within each facility.

B. The contractor shall supply the Salt Lake City VA Medical Center with a final wiring and equipment location map upon completion of the project.

C. Contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

D. A prohibition on unauthorized disclosure: "Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA." See VA Handbook 6500.6, Appendix C, paragraph 3.a.

E. A requirement for data breach notification: Upon discovery of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access, the contractor/subcontractor shall immediately and simultaneously notify the COR, the designated ISO, and Privacy Officer for the contract. The term 'security incident' means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. See VA Handbook 6500.6, Appendix C, paragraph 6.a.

F. A requirement to pay liquidated damages in the event of a data breach: "In the event of a data breach or privacy incident involving any SPI the contractor processes or maintains under this contract, the contractor shall be liable to VA for liquidated damages for a specified amount per affected individual to cover the cost of providing credit protection services to those individuals." See VA Handbook 6500.6, Appendix C, paragraph 7.a., 7.d.

G. A requirement to sign VA's Rules of Behavior: "Before being granted access to VA information or information systems, all contractor employees and subcontractor employees requiring such access shall sign on an annual basis an acknowledgment that they have read, understand, and agree to abide by VA's Contractor Rules of Behavior which is attached to this contract." See VA Handbook 6500.6, Appendix C, paragraph 9, Appendix D. Note: If a medical device vendor anticipates that the services under the contract will be performed by 10 or more individuals, the Contractor Rules of Behavior may be signed by the vendor's designated representative. The contract must reflect by signing the Rules of Behavior on behalf of the vendor that the designated representative agrees to ensure that all such individuals review and understand the Contractor Rules of Behavior when accessing VA's information and information systems.

H. Bio-Medical devices and other equipment or systems containing media (hard drives, optical disks, etc.) with VA sensitive information must not be returned to the vendor at the end of lease, for trade-in, or other purposes." See VA Handbook 6500.6, Appendix C, paragraph 5.h., for the specific options.

6. ESTIMATED PERIOD OF PERFORMANCE AFTER INSTALLATION

Note: The system is expected to go live within 9 months/270 days after the conference meeting with the awardee.

Base Year: 6/5/2021 – 9/4/2021 Option Year 1: 9/5/2021 – 9/4/2022 Option Year 2: 9/5/2022 – 9/4/2023 Option Year 3: 9/5/2023 – 9/4/2024 Option Year 4: 9/5/2024 – 9/4/2025

B.3 PRICE/COST SCHEDULE

System to go Live within 9 months/270 days POP: Base Year: 06/05/2021 to 09/04/2021

Hardware Requirements, Licenses and Applications, and Project Management, Installation IAW PWS.

Note: The system is expected to go live within 9 months/270 days after the conference meeting with the awardee.

JB

Managed Services, Wayfinding Application- Annual Fee, Licenses IAW PWS.

Base Year June 5, 2021 – September 4, 2021

Total

POP: Option Year 1: 09/05/2021 to 09/04/2022

Dedicated Internet 500 MBPS, Managed Services, Wayfinding Application- Annual Fee, Licenses IAW PWS.

MO

Total

POP: Option Year 2: 09/05/2022 to 09/04/2023

Dedicated Internet 500 MBPS, MO

Total

POP: Option Year 3: 09/05/2023 to 09/04/2024

Dedicated Internet 500 MBPS, MO

Total

POP: Option Year 4: 09/05/2024 to 09/04/2025

Dedicated Internet 500 MBPS, MO

Total

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

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

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

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

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

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

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

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

C.2 52.252-2 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)

DEC 2013

C.3 52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST (JUN 2020)

(a) Definitions. As used in this clause— "Acquisition function closely associated with inherently governmental functions" means supporting or providing advice or recommendations with regard to the following activities of a Federal agency:

(1) Planning acquisitions.

(2) Determining what supplies or services are to be acquired by the Government, including developing statements of work.

(3) Developing or approving any contractual documents, to include documents defining requirements, incentive plans, and evaluation criteria.

(4) Evaluating contract proposals.

(5) Awarding Government contracts.

(6) Administering contracts (including ordering changes or giving technical direction in contract performance or contract quantities, evaluating contractor performance, and accepting or rejecting contractor products or services).

(7) Terminating contracts.

(8) Determining whether contract costs are reasonable, allocable, and allowable.

"Covered employee" means an individual who performs an acquisition function closely associated with inherently governmental functions and is—

(1) An employee of the contractor; or

(2) A subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures.

"Non-public information" means any Government or third-party information that—

(1) Is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552) or otherwise protected from disclosure by statute, Executive order, or regulation; or

(2) Has not been disseminated to the general public and the Government has not yet determined whether the information can or will be made available to the public.

"Personal conflict of interest" means a situation in which a covered employee has a financial interest, personal activity, or relationship that could impair the employee's ability to act impartially and in the best interest of the Government when performing under the contract. (A de minimis interest that would not "impair the employee's ability to act impartially and in the best interest of the Government" is not covered under this definition.)

(1) Among the sources of personal conflicts of interest are—

(i) Financial interests of the covered employee, of close family members, or of other members of the covered…