S02 - 36C25924Q0144 - Medication Dispensing System and Support Services.docx

36C25924Q0144

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

442-24-2-052-0015

Stephanie Cahill 303-712-5841 09-19-2024 15:00

MDT

36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

X

339112 1000 Employees

N/A

Cheyenne VA Medical Center

2360 E. Pershing Blvd.

Cheyenne WY 82001 36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

Department of Veterans Affairs Financial Service Center Submit Invoices Electronically to:

http://www.tungsten network.com 1-877-489-6135

See CONTINUATION Page Lease of Medication Dispensing System - Cheyenne VAMC **Brand Name or EQUAL to BD Carefusion Pyxis Brand - MUST be compatible with Pyxis system**

Base plus four (4) option years:

- Base year: 9/30/2024 - 9/29/2025

- Option year #1: 9/30/2025 - 9/29/2026

- Option year #2: 9/30/2026 - 9/29/2027

- Option year #3: 9/30/2027 - 9/29/2028

- Option year #4: 9/30/2028 - 9/29/2029

Contract POCs:

-Stephanie Cahill; Contract Specialist Stephanie.Cahill@va.gov, (303) 712-5841

Questions are to be sent to the Contract POC no later than 1400 MST, September 16th, 2024.

See CONTINUATION Page

Sarilynn Thomas Contracting Officer

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:

To be Determined

b. GOVERNMENT: Sarilynn Thomas, Contracting Officer 36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

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 Submit Invoice Electronically to:

http://www.tungsten-network.com

Lease of Pyxis (Brand Name or Equal) Medstation Cabinets and Support Services – Cheyenne VA Medical Center

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The Government reserves the right to make no award from this solicitation.

* The deadline for all questions is 2:00pm MST, September 17th, 2024.

All questions must be submitted in writing no later than the question cut-off date marked above. All questions will be answered officially through an amendment to the solicitation.

** Quotes are to be provided to stephanie.cahill@va.gov no later than 3:00pm MST, September 19th, 2024.

Quotes shall not be hand carried. Faxed quotes shall not be accepted. Emailed quotes are the only method of submitted quotes (4MB email limit). The Government reserves the right to make award solely on initial Quotes received. Offerors bear the burden of ensuring that all portions of the offer (and any authorized amendments) reach the designated office before the deadline specified in the solicitation. This RFQ shall be completed in its entirety, and signed and dated, failure shall not be considered for award.

(ii) This is a Request for Quote (RFQ) and the solicitation number is 36C25924Q0144. The government anticipates awarding a firm-fixed price contract resulting from this solicitation.

(iii) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2023-05 effective August 15, 2023.

(iv) The North American Industrial Classification System (NAICS) code for this procurement is 339112 with a small business size standard of 1,000 employees. This solicitation will NOT be set-aside for any socioeconomic groups.

(v) Description of Requirements for the items to be acquired:

The Cheyenne VA Medical Center is seeking a base plus four option years contract for all required leased equipment, including installation and future exchanges without loss of service, as well as repairs including all labor, materials, test equipment, tools, and incidentals necessary to perform maintenance and repair of equipment listed below.

The quoted items shall be brand name or equal to BD Carefusion Pyxis brand products as specified below.

**Any ‘equal’ brands proposed MUST be compatible with the BD Carefusion Pyxis system.

*FOB shall be destination

*Freight shall be added to the price of CLIN 0001 (Delivery/Shipping/Handling) and not be its own line item

*Cut sheets and specification sheets proving the offered product meets all testing specifications and salient characteristics shall be included with the quote

*Quotes shall annotate the expected date of delivery to the specified location

*Quotes shall be accompanied by an authorized distributor letter from the manufacturer of the items being offered

*Failure to meet the salient characteristics above with result in the offeror’s quote not being considered for award Salient Characteristics:

· Must be compatible with existing BD Carefusion Pyxis System.

· Products must meet interoperable solutions with the Veterans Affairs electronic health record (EHR) – currently CPRS/Vista at Cheyenne VA.

· Products must meet the demands of the Veterans Health Affairs Hospital IT environment.

· Products must have the physical capabilities to enable the government to perform the following capabilities:

· Patient-centric interface

· System management that permits roll definition, implementation and adjustment if needed

· Barcode scanning, sealed keyboard, secure medication storage pockets (bins, drawers, lids/cubies with various sizes and customization options), biometric access.

· Must meet the VHA security requirements and Pharmacy laws for dispensing of including, but not limited to controlled and non-controlled medications, IV fluids, medication vials, topicals, inhalers, medication cups, unit-dosed products, patient specific medications.

· System shall restrict access to single user at a time (outside of functions requiring a witness)

· System shall have method to lock/secure medication refrigerator access for medications needing cold storage.

· System must be configurable to facility users, drug file, access options without requiring vendor support.

· System must have online server access for configuration of the system.

The Contractor for the Cheyenne VA Healthcare Center in Cheyenne, Wyoming shall provide the Cheyenne VAHCS Pyxis (Brand Name or Equal) Medication Supply Station and System with a Full-Service Turn-Key Solution to include all equipment for the system.

· Contractor must be an authorized service representative for the Pyxis (Brand Name or Equal) Medication Supply Station and System.

· Contractor is responsible for the expense of all parts, excluding consumables, for the medication supply stations and system. Contractor is responsible for all priority parts delivery expenses.

· Contractor is responsible for all labor and travel expenses to provide all services covered, including preventive maintenance, emergency repair, maintenance credit for equipment malfunction, and replacement of equipment and parts, during the term of the agreement.

· Contractor is responsible for all Operating System Software updates and Hardware Reliability updates. Contractor may be able to provide remote diagnostic capabilities.

· Preventive Maintenance (PM) is to be scheduled at the convenience of the Cheyenne VA Medical Center and will consist of thorough and comprehensive electrical and mechanical checks to identify needed service or maintenance, minor repairs, and calibrations. PMs are performed according to the OEM recommendations (unless otherwise stated), starting 30 days following the start of the contract agreement.

· Emergency repairs shall be performed after one (1) initial telephone notification that the equipment is inoperative. The contractor shall provide the Government with a designated point of contact and telephone number and shall make arrangements to enable the maintenance representative to receive such notification.

· The contractor shall be on-site at the Cheyenne VA Healthcare Center in Cheyenne, Wyoming to perform emergency repair services during the week within twenty-four (24) hours after receipt of initial telephone notification of a malfunction. Contractor shall provide weekday on-site technical representative maintenance, troubleshooting, and repair coverage from 8:00am – 5:00pm MST., Monday thru Friday (excluding holidays). Preferred rates for labor and travel outside the principal period of coverage will be required. Federal Holidays observed by the Cheyenne VA Medical Center are:

· Contractor shall provide telephone technical support service to assist in troubleshooting 24 hours per day, seven days per week, including Federal holidays.

· The contractor shall furnish a malfunction incident report to the institution upon completion of each repair call. The report shall include, at a minimum, the following:

· Date and time notified.

· Date and time of arrival.

· Serial number, type, and model number(s) of equipment.

· Time spent for repair.

· Description of malfunction and repair; and

· Proof of repair that includes documentation of a sample run with acceptable performance.

· During the term of the Service Contract, should the repair record of any individual piece of equipment covered reflect a downtime of 4% or greater of the normal working days in one calendar month, a determination will be made by the designated representative of the Government at the Cheyenne VA Medical Center to replace the initial equipment with new equipment. The responsibility of maintaining the equipment furnished in good condition in accordance with the manufacturer’s instruction, shall be solely that of the contractor. All equipment covered in this Service Contract shall maintain an uptime of 96% in each month of the term of the agreement.

· The contractor shall treat each notification for an emergency/repair service call from the Government as a separate and new service call.

· A full system inspection shall be performed prior to execution of the agreement. Any service determined necessary from the inspection must be completed prior to execution of the agreement upon which a system site number will be assigned.

· The service contract agreement will run during the term of the contract for one (1) year, followed by four (4) option years, with the ability to cancel with 60 days’ notice by the Government.

· All licenses, inspections, adjustments, calibrations, and certifications must be current at all times. VA shall be provided copies of these documents within ten days of award and within ten days of inspection/adjustments/calibrations/change of personnel after award.

· For any loss in Medication Packaging time at site due to Contractor unable to perform its duties, the time lost will be deducted from contractor reimbursement based on a calculated hourly rate for the contractor’s services (weekly rate quoted divided by 40-hour week times number of hours lost).

(vi) Delivery and acceptance shall be F.O.B Destination (FAR 52.247-34) at the Veterans Affairs Medical Center, located:

Cheyenne VA Medical Center 2360 E. Pershing Blvd.

Cheyenne, WY 82001

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Kit Mounting Arm Contract Period: Base

MANUFACTURER PART NUMBER (MPN): 134208-01

Codonics SLS AT accessory kit

MANUFACTURER PART NUMBER (MPN): 134601-02

Codonics SLS AT single license

MANUFACTURER PART NUMBER (MPN): 134755-02

Profile Upgrade for Medstation

MANUFACTURER PART NUMBER (MPN): 135291-01

Medication Label Module

MANUFACTURER PART NUMBER (MPN): 136276-02

Codonics SLS 550I Printer w/ SU

MANUFACTURER PART NUMBER (MPN): 137586-02

CCE Basic Connectivity + Support

MANUFACTURER PART NUMBER (MPN): 134056-01

CII Safe ES,AUX,DBL,0 CUBIE BAY + Support

MANUFACTURER PART NUMBER (MPN): 1117-00

CII Safe ES,MAIN,DBL,0 CUBIE BAY + Support

MANUFACTURER PART NUMBER (MPN): 1116-00

DELL SERVER + Support

MANUFACTURER PART NUMBER (MPN): 1128-00

Med KP Add on Site

MANUFACTURER PART NUMBER (MPN): 138603-01

MED,SRM,FLATOFFSET,12FT,LT + Support

MANUFACTURER PART NUMBER (MPN): 345

MED,SRM,FLATOFFSET,25FT,LT + Support

MED,SRM,ROUNDOFFSET,12FT,LT + Support

MED,SRM,SLIMLINE,12FT,LT + Support

MEDSTATION ES Half Height Aux - 2dr + Support

MANUFACTURER PART NUMBER (MPN): 156-033-01

MEDSTATION,ES,AUX,7-DRAWER + Support

MANUFACTURER PART NUMBER (MPN): 324

MEDSTATION,ES,AUX,TOWER,SC + Support

MANUFACTURER PART NUMBER (MPN): 343

MEDSTATION,ES,MAIN,0DR + Support

MANUFACTURER PART NUMBER (MPN): 323

MEDSTATION,ES,MAIN,2DR + Support

MEDSTATION,ES,MAIN,6DR + Support

PYXIS ANESTHESIA SYSTEM ES

MANUFACTURER PART NUMBER (MPN): MES-S-1A1N0P3M0B

PYXIS ES IT INFRASTRUCTURE + Support

MANUFACTURER PART NUMBER (MPN): 1115-00

Kit Mounting Arm Contract Period: Option #1

Codonics SLS AT accessory kit

Codonics SLS AT single license

Profile Upgrade for Medstation

Medication Label Module

Codonics SLS 550I Printer w/ SU

CCE Basic Connectivity + Support

CII Safe ES,AUX,DBL,0 CUBIE BAY + Support

CII Safe ES,MAIN,DBL,0 CUBIE BAY + Support

DELL SERVER + Support

Med KP Add on Site

MED,SRM,FLATOFFSET,12FT,LT + Support

MED,SRM,FLATOFFSET,25FT,LT + Support

MED,SRM,ROUNDOFFSET,12FT,LT + Support

MED,SRM,SLIMLINE,12FT,LT + Support

MEDSTATION ES Half Height Aux - 2dr + Support

MEDSTATION,ES,AUX,7-DRAWER + Support

MEDSTATION,ES,AUX,TOWER,SC + Support

MEDSTATION,ES,MAIN,0DR + Support

MEDSTATION,ES,MAIN,2DR + Support

MEDSTATION,ES,MAIN,6DR + Support

PYXIS ANESTHESIA SYSTEM ES

PYXIS ES IT INFRASTRUCTURE + Support

Kit Mounting Arm Contract Period: Option #2

Codonics SLS AT accessory kit

Codonics SLS AT single license

Profile Upgrade for Medstation

Medication Label Module

Codonics SLS 550I Printer w/ SU

CCE Basic Connectivity + Support

POP Begin:

POP End:

CII Safe ES,AUX,DBL,0 CUBIE BAY + Support

CII Safe ES,MAIN,DBL,0 CUBIE BAY + Support

DELL SERVER + Support

Med KP Add on Site

MED,SRM,FLATOFFSET,12FT,LT + Support

MED,SRM,FLATOFFSET,25FT,LT + Support

MED,SRM,ROUNDOFFSET,12FT,LT + Support

MED,SRM,SLIMLINE,12FT,LT + Support

MEDSTATION ES Half Height Aux - 2dr + Support

MEDSTATION,ES,AUX,7-DRAWER + Support

MEDSTATION,ES,AUX,TOWER,SC + Support

MEDSTATION,ES,MAIN,0DR + Support

MEDSTATION,ES,MAIN,2DR + Support

MEDSTATION,ES,MAIN,6DR + Support

PYXIS ANESTHESIA SYSTEM ES

PYXIS ES IT INFRASTRUCTURE + Support

Kit Mounting Arm Contract Period: Option #3

Codonics SLS AT accessory kit

Codonics SLS AT single license

Profile Upgrade for Medstation

Medication Label Module

Codonics SLS 550I Printer w/ SU

CCE Basic Connectivity + Support

CII Safe ES,AUX,DBL,0 CUBIE BAY + Support

CII Safe ES,MAIN,DBL,0 CUBIE BAY + Support

DELL SERVER + Support

Med KP Add on Site

MED,SRM,FLATOFFSET,12FT,LT + Support

MED,SRM,FLATOFFSET,25FT,LT + Support

MED,SRM,ROUNDOFFSET,12FT,LT + Support

MED,SRM,SLIMLINE,12FT,LT + Support

MEDSTATION ES Half Height Aux - 2dr + Support

MEDSTATION,ES,AUX,7-DRAWER + Support

MEDSTATION,ES,AUX,TOWER,SC + Support

MEDSTATION,ES,MAIN,0DR + Support

MEDSTATION,ES,MAIN,2DR + Support

MEDSTATION,ES,MAIN,6DR + Support

PYXIS ANESTHESIA SYSTEM ES

PYXIS ES IT INFRASTRUCTURE + Support

Kit Mounting Arm Contract Period: Option #4

Codonics SLS AT accessory kit

Codonics SLS AT single license

Profile Upgrade for Medstation

Medication Label Module

Codonics SLS 550I Printer w/ SU

CCE Basic Connectivity + Support

CII Safe ES,AUX,DBL,0 CUBIE BAY + Support

CII Safe ES,MAIN,DBL,0 CUBIE BAY + Support

DELL SERVER + Support

Med KP Add on Site

MED,SRM,FLATOFFSET,12FT,LT + Support

MED,SRM,FLATOFFSET,25FT,LT + Support

MED,SRM,ROUNDOFFSET,12FT,LT + Support

MED,SRM,SLIMLINE,12FT,LT + Support

MEDSTATION ES Half Height Aux - 2dr + Support

MEDSTATION,ES,AUX,7-DRAWER + Support

MEDSTATION,ES,AUX,TOWER,SC + Support

MEDSTATION,ES,MAIN,0DR + Support

MEDSTATION,ES,MAIN,2DR + Support

MEDSTATION,ES,MAIN,6DR + Support

PYXIS ANESTHESIA SYSTEM ES

PYXIS ES IT INFRASTRUCTURE + Support

SECTION C - CONTRACT CLAUSES

C.1 52.211-8 TIME OF DELIVERY (JUN 1997)

(a) The Government requests delivery to be made according to the following schedule:

REQUESTED DELIVERY SCHEDULE

The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. The Government reserves the right to award under either the requested delivery schedule or the proposed delivery schedule when an offeror offers an earlier delivery schedule than requested above. If the offeror proposes no other delivery schedule, the requested delivery schedule above will apply.

OFFEROR’S PROPOSED DELIVERY SCHEDULE

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term "working day" excludes weekends and U.S. Federal holidays.)

(End of Clause) C.2 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

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

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

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause)

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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 five (5) years.

(End of Clause)

C.5 52.225-5 TRADE AGREEMENTS (NOV 2023)

(a) Definitions. As used in this clause.

"Caribbean Basin country end product"—

(1) Means an article that— (i)(A) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(B) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed; and

(ii) Is not excluded from duty-free treatment for Caribbean countries under 19 U.S.C. 2703(b).

(A) For this reason, the following articles are not Caribbean Basin country end products:

(1) Tuna, prepared or preserved in any manner in airtight containers;

(2) Petroleum, or any product derived from petroleum;

(3) Watches and watch parts (including cases, bracelets, and straps) of whatever type including, but not limited to, mechanical, quartz digital, or quartz analog, if such watches or watch parts contain any material that is the product of any country to which the Harmonized Tariff Schedule of the United States (HTSUS) column 2 rates of duty apply (i.e., Afghanistan, Cuba, Laos, North Korea, and Vietnam); and

(4) Certain of the following: textiles and apparel articles; footwear, handbags, luggage, flat goods, work gloves, and leather wearing apparel; or handloomed, handmade, and folklore articles;

(B) Access to the HTSUS to determine duty-free status of articles of these types is available at https://www.usitc.gov/tata/hts/index.htm. In particular, see the following:

(1) General Note 3(c), Products Eligible for Special Tariff treatment.

(2) General Note 17, Products of Countries Designated as Beneficiary Countries under the United States—Caribbean Basin Trade Partnership Act of 2000.

(3) Section XXII, Chapter 98, Subchapter II, Articles Exported and Returned, Advanced or Improved Abroad, U.S. Note 7(b).

(4) Section XXII, Chapter 98, Subchapter XX, Goods Eligible for Special Tariff Benefits under the United States—Caribbean Basin Trade Partnership Act; and

(2) Refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the acquisition, includes services (except transportation services) incidental to the article, provided that the value of those incidental services does not exceed that of the article itself.

"Designated country" means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, North Macedonia, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan (known in the World Trade Organization as "the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei)”), Ukraine, or United Kingdom);

(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago).

"Designated country end product" means a WTO GPA country end product, an FTA country end product, a least developed country end product, or a Caribbean Basin country end product.

"End product" means those articles, materials, and supplies to be acquired under the contract for public use.

"Free Trade Agreement country end product" means an article that—

(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or

(2) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in an FTA country into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed. The term refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the end product includes services, (except transportation services) incidental to the article, provided that the value of those incidental services does not exceed that of the article itself.

"Least developed country end product" means an…