36C25925Q0013.docx

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

36C25925Q0013 12-18-2024 Jim Lewis 303-712-5840 12-24-2024 2:00pm

MST

36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

X

561621 $25 Million

NET 30 Days

N/A

36C702 Department of Veterans Affairs VHA-Member Services Atlanta

2957 Clairmont Road, Suite 200 Atlanta GA 30329 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 PO Box 149971 Austin TX 78714-9971

See CONTINUATION Page CCURE PACS License and CCTV Systems Maintenance Services for Veterans’ Health Administration – Member Services (VHA-MS) Atlanta, GA.

Review the Special Standards of Responsibilities (SSRs) in section E.8 on pg. 49 of this document.

Solicitation questions shall be received by:

james.lewis114@va.gov no later than 2:00pm MST 12/20/2024.

All offers must be received by:

james.lewis114@va.gov no later than 2:00pm MST 12/24/2024.

See CONTINUATION Page

Timothy Myers

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

(continuation from Standard Form 1449, block 18A.)

(a). CONTRACT ADMINISTRATION: All contract administration matters will be handled by the following individuals:

SAM UEI: ________________________

Contracting Officer: Timothy Myers timothy.myers5@va.gov

(b). CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

(c). INVOICES: Invoices shall be submitted in arrears:

(d). GOVERNMENT INVOICE ADDRESS:

(1). 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 Services Center http://www.fsc.va.gov/einvoice.asp Austin TX

(2). The contractor shall submit original invoices in proper electronic format to the Financial Services Center (FSC) through the Tungsten System. Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests. Proper electronic format means an automated system transmitting information electronically according to the accepted electronic data transmission methods below:

(A). VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

(B). Vendor e-Invoice Set-Up Information: Please contact Tungsten 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, please contact the FSC at the phone number or email address listed below:

(i). Tungsten e-Invoice Setup Information: 1-877-489-6135 (ii). Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com (iii). FSC e-Invoice Contact Information: 1-877-353-9791 (iv). FSC e-invoice email: vafsccshd@va.gov

(e). REFERENCE NUMBERS: Please reference both the Task Order number (to be assigned) and the Obligation Number (to be assigned) on all correspondence and invoices. If contract option years are exercised, new obligation numbers will be issued and identified on the contract modification document.

(f). AUTHORIZATIONS:

(1). The Contracting Officer (CO) named in Section (a) above is responsible for the overall administration of this contract. Only the CO has the authority to make changes which affect:

(A). Contract prices, (B). Quality, (C). Quantities, or (D). Delivery terms and conditions.

(2). Contracting Officer Representatives (COR) and Alternate Contracting Officer’s Representatives (Alt-COR) may be assigned to this contract. The COR and Alt-COR shall be provided specific written delegated authority by the CO, a copy of which will be provided to the Contractor..

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

VHA-MS Atlanta CCURE software licenses, software updates, and remote technical software support services in accordance with the performance work statement (PWS).

Contract Period: Base POP Begin: 01-17-2025 POP End: 01-16-2026 PRINCIPAL NAICS CODE: 561621 - Security Systems Services (except Locksmiths) PRODUCT/SERVICE CODE: J063 - Maintenance, Repair, and Rebuilding of Equipment - Alarm, Signal, and Security Detection Systems

VHA-MS Atlanta CCURE system and PACS card reader scheduled, unscheduled, and emergency maintenance services in accordance with the performance work statement (PWS).

POP Begin: 01-17-2025 POP End: 01-16-2026

PRODUCT/SERVICE CODE: J063 - Maintenance, Repair, and Rebuilding of Equipment - Alarm, Signal, and Security Detection Systems

VHA-MS Atlanta annual allowance for maintenance repair parts and/or replacement equipment for the CCURE system, CCTV system, CCTV cameras, CCTV monitor, and PACS card reader in accordance with the performance work statement (PWS).

POP Begin: 01-17-2025 POP End: 01-16-2026

PRODUCT/SERVICE CODE: J063 - Maintenance, Repair, and Rebuilding of Equipment - Alarm, Signal, and Security Detection Systems

VHA-MS Atlanta CCTV system, CCTV cameras, and CCTV monitor scheduled, unscheduled, and emergency maintenance services in accordance with the performance work statement (PWS).

POP Begin: 01-17-2025 POP End: 01-16-2026

PRODUCT/SERVICE CODE: J063 - Maintenance, Repair, and Rebuilding of Equipment - Alarm, Signal, and Security Detection Systems

VHA-MS Atlanta CCURE software licenses, software updates, and remote technical software support services in accordance with the performance work statement (PWS).

Contract Period: Option 1 POP Begin: 01-17-2026 POP End: 01-16-2027

PRODUCT/SERVICE CODE: J063 - Maintenance, Repair, and Rebuilding of Equipment - Alarm, Signal, and Security Detection Systems

VHA-MS Atlanta CCURE system and PACS card reader scheduled, unscheduled, and emergency maintenance services in accordance with the performance work statement (PWS).

POP Begin: 01-17-2026 POP End: 01-16-2027

PRODUCT/SERVICE CODE: J063 - Maintenance, Repair, and Rebuilding of Equipment - Alarm, Signal, and Security Detection Systems

VHA-MS Atlanta annual allowance for maintenance repair parts and/or replacement equipment for the CCURE system, CCTV system, CCTV cameras, CCTV monitor, and PACS card reader in accordance with the performance work statement (PWS).

POP Begin: 01-17-2026 POP End: 01-16-2027

PRODUCT/SERVICE CODE: J063 - Maintenance, Repair, and Rebuilding of Equipment - Alarm, Signal, and Security Detection Systems

VHA-MS Atlanta CCTV system, CCTV cameras, and CCTV monitor scheduled, unscheduled, and emergency maintenance services in accordance with the performance work statement (PWS).

POP Begin: 01-17-2026 POP End: 01-16-2027

PRODUCT/SERVICE CODE: J063 - Maintenance, Repair, and Rebuilding of Equipment - Alarm, Signal, and Security Detection Systems

VHA-MS Atlanta CCURE software licenses, software updates, and remote technical software support services in accordance with the performance work statement (PWS).

Contract Period: Option 2 POP Begin: 01-17-2027 POP End: 01-16-2028

PRODUCT/SERVICE CODE: J063 - Maintenance, Repair, and Rebuilding of Equipment - Alarm, Signal, and Security Detection Systems

VHA-MS Atlanta CCURE system and PACS card reader scheduled, unscheduled, and emergency maintenance services in accordance with the performance work statement (PWS).

POP Begin: 01-17-2027 POP End: 01-16-2028

PRODUCT/SERVICE CODE: J063 - Maintenance, Repair, and Rebuilding of Equipment - Alarm, Signal, and Security Detection Systems

VHA-MS Atlanta annual allowance for maintenance repair parts and/or replacement equipment for the CCURE system, CCTV system, CCTV cameras, CCTV monitor, and PACS card reader in accordance with the performance work statement (PWS).

POP Begin: 01-17-2027 POP End: 01-16-2028

PRODUCT/SERVICE CODE: J063 - Maintenance, Repair, and Rebuilding of Equipment - Alarm, Signal, and Security Detection Systems

VHA-MS Atlanta CCTV system, CCTV cameras, and CCTV monitor scheduled, unscheduled, and emergency maintenance services in accordance with the performance work statement (PWS).

POP Begin: 01-17-2027 POP End: 01-16-2028

PRODUCT/SERVICE CODE: J063 - Maintenance, Repair, and Rebuilding of Equipment - Alarm, Signal, and Security Detection Systems

VHA-MS Atlanta CCURE software licenses, software updates, and remote technical software support services in accordance with the performance work statement (PWS).

Contract Period: Option 3 POP Begin: 01-17-2028 POP End: 01-16-2029

PRODUCT/SERVICE CODE: J063 - Maintenance, Repair, and Rebuilding of Equipment - Alarm, Signal, and Security Detection Systems

VHA-MS Atlanta CCURE system and PACS card reader scheduled, unscheduled, and emergency maintenance services in accordance with the performance work statement (PWS).

POP Begin: 01-17-2028 POP End: 01-16-2029

PRODUCT/SERVICE CODE: J063 - Maintenance, Repair, and Rebuilding of Equipment - Alarm, Signal, and Security Detection Systems

VHA-MS Atlanta annual allowance for maintenance repair parts and/or replacement equipment for the CCURE system, CCTV system, CCTV cameras, CCTV monitor, and PACS card reader in accordance with the performance work statement (PWS).

POP Begin: 01-17-2028 POP End: 01-16-2029

PRODUCT/SERVICE CODE: J063 - Maintenance, Repair, and Rebuilding of Equipment - Alarm, Signal, and Security Detection Systems

VHA-MS Atlanta CCTV system, CCTV cameras, and CCTV monitor scheduled, unscheduled, and emergency maintenance services in accordance with the performance work statement (PWS).

POP Begin: 01-17-2028 POP End: 01-16-2029

PRODUCT/SERVICE CODE: J063 - Maintenance, Repair, and Rebuilding of Equipment - Alarm, Signal, and Security Detection Systems

VHA-MS Atlanta CCURE software licenses, software updates, and remote technical software support services in accordance with the performance work statement (PWS).

Contract Period: Option 3 POP Begin: 01-17-2029 POP End: 01-16-2030

PRODUCT/SERVICE CODE: J063 - Maintenance, Repair, and Rebuilding of Equipment - Alarm, Signal, and Security Detection Systems

VHA-MS Atlanta CCURE system and PACS card reader scheduled, unscheduled, and emergency maintenance services in accordance with the performance work statement (PWS).

POP Begin: 01-17-2029 POP End: 01-16-2030

PRODUCT/SERVICE CODE: J063 - Maintenance, Repair, and Rebuilding of Equipment - Alarm, Signal, and Security Detection Systems

VHA-MS Atlanta annual allowance for maintenance repair parts and/or replacement equipment for the CCURE system, CCTV system, CCTV cameras, CCTV monitor, and PACS card reader in accordance with the performance work statement (PWS).

POP Begin: 01-17-2029 POP End: 01-16-2030

PRODUCT/SERVICE CODE: J063 - Maintenance, Repair, and Rebuilding of Equipment - Alarm, Signal, and Security Detection Systems

VHA-MS Atlanta CCTV system, CCTV cameras, and CCTV monitor scheduled, unscheduled, and emergency maintenance services in accordance with the performance work statement (PWS).

POP Begin: 01-17-2029 POP End: 01-16-2030

PRODUCT/SERVICE CODE: J063 - Maintenance, Repair, and Rebuilding of Equipment - Alarm, Signal, and Security Detection Systems

Page 1 of

B.3 PERFORMANCE WORK STATEMENT (PWS)

Veterans’ Health Administration – Member Services (VHA-MS) MS Atlanta, GA CCure PACS License and CCTV Systems Maintenance Support Services

1. GENERAL: The Veterans Health Administration (VHA) Member Services (MS) has a requirement for updating, licensing, and repairs for the current CCure Physical Access Control System (PACS) and Closed-Circuit Television (CCTV) systems located at the following location:

From start of the contract to 4th QTR FY25-26:

2957 Clairmont Road, Suite 200, Atlanta, GA 30329

Location change in 4th qtr FY25-26. New address:

2233 Lake Park Dr., Smyrna, GA 30080

The requirement involves emergency and routine repairs of the current systems, updating the CCure program, software service agreement and licensing of the PACS and CCTV system.

1.1. Description of Services: Member Services has a need for a contract to repair and update current CCURE 9000 PACS and CCTV systems. The Contractor must provide all management, personnel, labor, supplies, tools, equipment, communication devices, transportation, and fuel necessary to service, repair, update, and provide licensing for the CCure PACS systems and CCTV systems. Repairs, parts, licenses, and software updates will be paid as invoiced for each service as performed.

1.2. Objectives: Member Services has a need for a contractor that can perform emergency and routine repairs, provide software and licensing agreements, and updates to the existing CCure PACS system and CCTV systems located at the location listed above.

1.3. Scope: The Contractor will keep the CCure PACS and CCTV systems operating correctly by repairing and updating the system. The Contractor will be responsible for keeping the software and licensing agreements current. The Contractor must perform all services identified to the standards in this Performance Work Statement (PWS).

1.4. Place of Performance: The site location for this contract is:

From start of the contract to 4th QTR FY25-26:

2957 Clairmont Road, Suite 200, Atlanta, GA 30329

Location change in 4th qtr FY25-26. New address:

2233 Lake Park Dr., Smyrna, GA 30080

1.5. Period of Performance:

1.6. Federal Observed Holidays and Military Training Holidays: Do not schedule work on Federal holidays or days observed in lieu thereof. The Federal holidays listed below are observed. When a holiday falls on a Sunday, the following Monday will be observed as the holiday. When the holiday falls on a Saturday, the preceding Friday will be observed as the holiday. When a service is required fewer than three times per week and the time for that service falls on a holiday the work shall be accomplished on the day following or preceding the holiday.

Memorial Day Juneteenth Thanksgiving Day Christmas

Independence Day

1.7 Hours of Operation: The Contractor must schedule all normal work requirements to be performed during the normal work hours of 6:00am – 3:00pm Eastern Standard Time (EST) for the Atlanta, GA site. Any work outside the normal work schedule will require advanced coordination and approved between the Contractor and the Contracting Officers Representative (COR). These tasks must not interfere with employees working at any time.

1.8 Quality Control: Quality control is the Contractor’s responsibility. Contractor quality controls are how the Contractor assures the services are accomplished in accordance with (IAW) contract documents.

1.9 VA Quality Assurance: The VHA is responsible for quality assurance and will monitor the Contractor’s performance under this PWS. The COR is the VHA’s Quality Assurance Evaluator.

2. SPECIFIC TASKS

2.1. Updating PACS/CCTV Software: The contractor shall maintain a current software agreement for the period of performance of the contract.

System ID number for the CCure System Atlanta: 9-26232 Video management system Atlanta: ExacqVision

2.2. PACS/CCTV License Agreement: The contractor shall maintain current license agreements for the period of performance of the contract. Atlanta has two license agreements, but only the CCure system license is required.

2.3. PACS/CCTV Service/Repair: Contractor shall supply all needed parts and labor to service and repair the CCure and CCTV systems.

The number of devices (readers, cameras, monitors): 27 cameras, 1 monitor, 239 card readers

2.3.1. Emergency Maintenance Repair Services: Repair is defined as an incident that prevents the system or device from functioning as it was designed and constitutes a security issue for employees’ safety. For example: a door that will not lock or unlock, or a camera that is offline that surveils an entrance door. The Contractor must have a service technician on site within six (6) hours of an emergency repair call.

Once on site, the Contractor’s technician(s) must report to the site Contracting Officer Representative (COR). After the Contractor’s technician determines the repair(s) need parts, the Contractor must provide a quote for unscheduled & emergency maintenance repair parts & services to the COR for review. Only the COR is authorized to approve the unscheduled & emergency maintenance quote if there are funds available from the annual unscheduled maintenance parts and service hours allowance/allocation. However, if there are not enough funds left on the annual allowance/allocated funds, then only the CO is authorized to approve additional funds through a contract modification.

2.3.2. Scheduled and Unscheduled Maintenance Services and Repairs: All other incidents that do not constitute a security issue for personnel working in the facility. Contractor shall have a technician onsite for standard repair calls within 24 hours.

3. Security Requirements: The Contractor shall provide the appropriate information to have access to buildings. Contractor personnel and/or sub-contractor personnel will be issued a contractor badge for access into the building upon approval.

3.1. VA Network Security Requirements: All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor’s employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations, and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations, and policies in this contract.

The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

The contractor/subcontractor’s firewall and Web services security controls, if applicable, shall meet or exceed VA’s minimum requirements. VA Configuration Guidelines are available upon request. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA’s prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

The vendor shall ensure the security of all procured or developed systems and technologies, including their subcomponents (hereinafter referred to as “Systems”), throughout the life of this contract and any extension, warranty, or maintenance periods. This includes, but is not limited to workarounds, patches, hotfixes, upgrades, and any physical components (hereafter referred to as Security Fixes) which may be necessary to fix all security vulnerabilities published or known to the vendor anywhere in the Systems, including Operating Systems and firmware. The vendor shall ensure that Security Fixes shall not negatively impact the Systems.

The vendor shall notify VA within 24 hours of the discovery or disclosure of successful exploits of the vulnerability which can compromise the security of the Systems (including the confidentiality or integrity of its data and operations, or the availability of the system). Such issues shall be remediated as quickly as is practical, but in no event longer than 3 days. When the Security Fixes involve installing third party patches (such as Microsoft OS patches or Adobe Acrobat), the vendor will provide written notice to the VA that the patch has been validated as not affecting the Systems within 10 working days. When the vendor is responsible for operations or maintenance of the Systems, they shall apply the Security Fixes within 10 days.

All other vulnerabilities shall be remediated as specified in this paragraph in a timely manner based on risk, but within 60 days of discovery or disclosure. Exceptions to this paragraph (e.g., for the convenience of VA) shall only be granted with approval of the contracting officer and the VA Assistant Secretary for Office of Information and Technology.

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. The contractor/subcontractor shall immediately notify the COTR and simultaneously, the designated ISSO and Privacy Officer for the contract 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.

To the extent known by the contractor/subcontractor, the contractor/subcontractor’s notice to VA shall identify the information involved, the circumstances surrounding the incident (Including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.

On a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all the security controls and privacy practices implemented by the contractor under the clauses contained within the contract. With 10 working-days’ notice, at the request of the government, the contractor must fully cooperate and assist in a government-sponsored security controls assessment at each location wherein VA information is processed or stored, or information systems are developed, operated, maintained, or used on behalf of VA, including those initiated by the Office of Inspector General. The government may conduct a security control assessment on shorter notice (to include unannounced assessments) as determined by VA in the event of a security incident or at any other time.

3.2. TRAINING

a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:

(1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior,

(2) Successfully complete the VA Privacy and Security Awareness and Rules of Behavior training and annually complete required security training.

(3) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document – e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.]

b. The contractor shall provide to the contracting officer and/or the COTR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.

c. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.

3.3. Key Control: All references to keys include key cards. If required, the Contractor shall establish and maintain a key control system to ensure that VHA keys and key cards issued to the Contractor are not lost, stolen, or used by unauthorized persons. The COR and Contractor will conduct an initial inventory on all keys and key cards prior to the start of contract performance. No keys issued to the Contractor by the VHA shall be duplicated. The Contractor shall immediately report any occurrences of lost or duplicate keys or key cards to the COR.

3.4. Unauthorized Use of Keys: The Contractor shall prohibit the use of VHA issued keys by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas.

3.5. Lost and Found Property: Turn in all articles of possible personal or monetary value found by the Contractor's employees while performing duties under this contract to the COR. Obtain receipts for articles turned into the COR.

4. Post-Award Conference and Periodic Progress Meetings: The Contractor agrees to attend any post-award conference and periodic progress meetings convened by the CO or COR IAW with FAR Subpart 42.5, Post-Award Orientation.

5. Contracting Officer’s Representative (COR): The COR is an authorized representative of a CO within the scope of his or her authority and is not authorized to change any terms and conditions of the resulting contract.

6. Contractor Employees: All Contractor employees shall wear personal identification cards, or badges, while working on the Installation, to avoid creating an impression that they are VHA officials.

7. Contractor Qualifications: Contractor and sub-contractors shall possess licenses as required by state and local jurisdictions; shall demonstrate relevant years of experience installing and/or performing maintenance with Software House iStar Ultra ACSS panels and CCure 9000, current version software (Tyco Security Products) for identified systems; shall possess certificates as identified below. Industrial Security Systems shall possess factory training and awarded factory certification at time of proposal for identified systems; shall demonstrate field capability to install and maintain identified systems, shall demonstrate capability to service CCTV cameras and shall provide training and certification records as part of the quote provided.

7.1. Contractor shall be certified in Software House iStar Ultra control panel. Contractor must be able to provide proof of certifications.

7.2. Contractor shall be certified in CCure 9000, current version, (TYCO Security Products). Contractor must be able to provide proof of certifications.

7.3. Contractor shall ensure each individual employee has a least 2 years’ experience as it relates to this project, which includes but is not limited to installing and/or performing maintenance and service with Software House iStar Ultra ACSS panels and CCure 9000, current version software (TYCO Security Products), installing and maintaining security systems, and servicing CCTV cameras.

8. Contractor Personnel Conduct: Contractor personnel’s conduct shall not reflect discredit upon the VHA. The Contractor shall ensure their personnel present a professional appearance. The Contractor’s employees shall observe and comply with all local policies and procedures concerning fire, safety, environmental protection, sanitation, security, and possession of firearms or other lethal or illegal weapons or substance.

9. Accessibility: Contractor shall contact the COR for access to the facility.

10. VHA-FURNISHED PROPERTY AND SERVICES

10.1. Fire Prevention and Protection: The VHA will provide fire prevention and protection service at the facility for the Contractor.

10.2. Utilities: The VHA will furnish, without charge to the Contractor, natural gas, electricity, water, and sewage to support Contractor operations while performing the services specified herein. The Contractor is responsible for operating under conditions that preclude the waste of utilities and shall instruct employees in utilities conservation practices.

11. CONTRACTOR-FURNISHED ITEMS AND RESPONSIBILITIES Contractor shall furnish all parts, tools, equipment, communications devices, transportation, personnel, estimates, licenses, and registrations required to perform the services of this requirement.

12. Workmanship: The performance of work shall conform to the standards specified. While performing services in the building during normal duty hours, work areas left unattended shall be protected with the necessary warning signage to protect occupants from possible safety hazards such as slipping and falling. While performing services in the building after normal duty hours, maintain the physical security of the building. If the CO or the COR determine the work does not meet standards specified for a particular task, the Contractor shall redo the task at no expense to the VHA within 24 hours of notification. Any VHA property damaged by the Contractor during work performance shall be repaired or replaced immediately by the Contractor at no expense to the VHA.

12.1. APPLICABLE PUBLICATIONS: Publications applicable to the performance of work are listed below. Publications are referred to basic designation only. Assume publications to be the most current edition in effect at the time the contract is awarded. Publications referred to in the text shall be considered mandatory for the Contractor's performance of work. Comply with all mandatory publications and publications referenced therein or supplemented by the publications. All other publications shall be considered advisory in nature.

12.2. U.S. Department of Labor Occupational Safety and Health Administration (OSHA) Regulation: Available without cost at http://www.osha.gov/pls/oshaweb/owastand.display_standard_group?p_toc_level=1&p_part_number=1910 29 CFR 1910: Operational Safety and Health Standards.

End of Performance Work Statement (PWS)

TC-1

Page 1 of

Page 1 of

SECTION C - CONTRACT CLAUSES

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