36C26020Q0739.docx

36C26020Q0739 Contract Opportunity Combined Synopsis/Solicitation Notice

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* = Required Field Contract Opportunity Combined Synopsis/Solicitation Notice H166 Annual Radiological Physics Testing & Services 83706 36C26020Q0739 08-14-2020 13:00pm

MOUNTAIN TIME, DENVER, USA

N

SBA

621512 Department of Veterans Affairs Network Contracting Office 20 960 Broadway Ave, Suite 460 Boise ID 83706 Contract Specialist Amy Kuczajda amy.kuczajda@va.gov 208-429-2018 Department of Veterans Affairs VA Portland Health Care System 3710 SW US Veteran Hospital Road Portland

OR

97239

USA

Amy.Kuczajda@va.gov

(i) This is a combined synopsis/solicitation for Radiological Physics Testing Services for the Portland VA Health Care System and surrounding CBOC’s, as prepared in accordance with the format in Subpart 12.6, as supplemented in the attached Request for Quotes (RFQ). A firm-fixed price purchase order is anticipated. Simplified Acquisition Procedures IAW FAR 13 will be used.

(ii) The solicitation number is 36C260-20-Q-0739 and is attached.

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-07 effective 08/03/2020.

(iv) This solicitation will be set-aside for all small businesses. Qualified offers will be evaluated using comparative evaluation process. The associated NAICS 621512 code has a small business size standard of $16.5M.

The person performing the work must be an American Board of Radiology certified Medical Physicist.

(v) Quotes must be emailed to Amy.Kuczajda@va.gov and received no later than 1:00pm MST on 08/14/2020. Complete pricing on all line items on 1449.

(vi) The Contracting Officer is allowed to exercise subjective assessments in conducting direct comparisons and in documenting the supporting rational/basis for award decisions. Offers will be compared to one another to determine which provides the best benefit to the Government. The Government reserves the right to consider a quotation other than the lowest price that provides additional benefit(s). The Government is not requesting or accepting alternate quotations.

No late quotations will be accepted.

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

648-20-2-5100-0080 36C26020Q0739 08-07-2020 Amy Kuczajda 208-429-2018 08-14-2020 13:00pm Department of Veterans Affairs Network Contracting Office 20 960 Broadway Ave, Suite 460 Boise ID 83706 X X 621512 $16.5 Million N/A X Department of Veterans Affairs VA Portland Health Care System 3710 SW US Veterans Hospital Road Portland OR 97239 Department of Veterans Affairs Network Contracting Office 20 960 Broadway Ave, Suite 460 Boise ID 83706

Tungsten Network

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971 See CONTINUATION Page Radiological Testing service to include training and menorin for the VA Portland Health Care System in accordance with the Statement of Work.

See Continuation Pages for Details.

$0.00 See CONTINUATION Page X Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C260 Department of Veterans Affairs Network Contracting Office 20 960 Broadway Ave, Suite 460 Boise ID 83706

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.

Tungsten Network

FMS-VA-2(101)

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

B.2 STATEMENT OF WORK

1. Background:

The Portland VA Medical Center (PVAMC) requires an annual radiological survey service to meet annual requirement of ionizing radiology equipment, nuclear medicine equipment, CT, MRI, and other equipment requiring annual radiations surveys as per Joint Commission standards, ACR, and CFR standards.

Additional work required includes training and mentoring the Portland VA Radiation Safety Officer(s) (RSO) that includes documenting radiological testing experience in the clinical radiological environment.

Additional tasks include collaborating with the Portland VA Medical Center RSO to discuss, plan, improve, and implement the Quality Control and Quality Assurance programs for CT and MRI at the Portland VA Medical Center and surrounding areas as required by the Joint Commission.

2. Scope:

All work is to be performed onsite at the location of the x-ray equipment. The equipment is located at the Portland VA Medical Center (OR), Hillsboro CBOC (OR), Salem CBOC (OR), and Vancouver VA (Washington state). Multiple trips to each site may be required beyond the scheduled annual tests and tests will most likely need to be performed before or after normal business hours.

3. Specific Tasks General requirements:

Vendor must provide all services required for the annual radiological survey so that the Portland VA (and all associated sites) meet the annual requirement of ionizing radiology equipment (R&F), CT, MRI, Angiography, Dental, and Cardiac Cath per Joint Commission Standards, ACR and CFR, and other radiological regulatory agencies.

1. All testing, analysis and work must be directly performed by a medical physicist that is certified by the American Board of Radiology (ABR).

2. Vendor must provide their own test equipment. Test equipment must have a current/up to date/valid calibration certificate and be calibrated to NIST and other relevant standards and regulations.

3. Reports documenting the data, results and recommended corrective action for each modality will be provided to the Imaging Department with additional copies available upon request at no additional cost. Reports should be in electronic (soft copy) form.

4. Vendor will cover costs for all travel, lodging, and meals for the items covered under this contract.

5. Training of the RSO will include the following types of items. A total of 80 hours will be required. All travel, lodging, and meals are included at no extra cost. The required actions are not inclusive and not restrictive, but an example of what may be required: Routine checks of the tech QC in different Areas, ACR-recommended quarterly and semi-annual phantom tests on Nuclear Medicine and PET cameras, full testing of x-ray, fluoroscopy, and CT equipment, and providing documentation and signed records of any/all of the training to verify competency so that the Portland VA RSO can perform the tests and inspections.

6. Training, whenever needed, of Nuclear Medicine PET technicians on the QC procedures (both weekly and annual) on the NM and PET equipment as well as training on equipment utilized in the Hot Lab. A total of 40 hours will be required. All travel, lodging, and meals are included at no extra cost.

7. Retesting of Equipment following service: After equipment repairs or upgrades that involve components used for x-ray generation (i.e. replacement x-ray tubes, PCBs for x-ray generation, etc), must be retested after service. Contractor must be able to respond by phone within one business day to discuss scheduling and be onsite within two business days. All costs for travel/lodging/meals for the trip will be covered by the Contractor.

8. In the case of an emergent need for medical equipment radiation and physics validation, the contractor’s on-site response time shall not exceed 1 business day. All costs for travel, lodging, and meals for the trip will be covered by the Contractor.

9. Patient Dose Assessments: The Contractor must be available to provide dose assessments, measurements, and calculations of equipment, as needed, including determining the dose that the patient received and/or what follow up is necessary.

10. Contractor must be available for telephone troubleshooting during normal business hours (Pacific Standard Time) to help the RSO or other Portland staff member discuss potential causes of artifacts on clinical images, and what should happen to correct them.

11. Vendor must collaborate with the Portland VA Medical Center RSO to discuss, plan, improve and implement our Quality Control and Quality Assurance programs for CT and MRI as required by the Joint Commission.

12. Vendor must attend quarterly CT Protocol Committee meetings and provide feedback regarding changes to CT protocols, dose outliers, etc.

13. Physics testing scheduling will be coordinated with Radiology leadership in abidance with clinic hours and scheduling. This will include work outside of normal clinic/business hours as listed below:

15. CT testing includes, but may not be limited to:

· Scout Prescription and Alignment Light Accuracy

· Imaging Thickness

· Table Travel Accuracy

· Radiation Beam Width

· Low-Contrast Performance

· Spatial Resolution

· CT Number Accuracy

· Artifact Evaluation

· CT Number Uniformity

· Dosimetry

· Gray Level Performance of CT Acquisition Display Monitors

· Gantry Tilt

· Image Noise

· Scatter Radiation Survey at equipment acceptance.

· Clinical Protocol Review

16. MRI testing includes, but may not be limited to:

· Table Positioning

· Console Check

· Center Frequency

· Transmitter Gain

· Geometric Accuracy

· High Contrast Resolution

· Low Contrast Resolution

· Artifact Analysis

· Magnetic Field Homogeneity

· Slice Position Accuracy

· Slice Thickness Accuracy

· Radio Frequency Coils Check

· Soft Copy Displays

· Image Uniformity and Ghosting

· Laser Printer Quality Control (if applicable)

17. Angiographic testing includes, but may not be limited to:

· Integrity of Unit Assembly

· Collimation and Radiation Beam Alignment

· kVp Accuracy

· kVp Reproducibility

· mA/mAs Linearity

· Exposure Reproducibility

· Exposure Timer Accuracy

· Exposure Timer Reproducibility

· Beam Quality Assessment (Half-Value Layer)

· Equipment Radiation Safety Functions

· Fluoroscopic Low Contrast Resolution

· Fluoroscopic High Contrast Resolution

· Fluoroscopic ABC System Performance at a minimum of 3-frame rates and multiple magnification and dose modes

· Cine-angiographic and Digital Subtraction Angiography ABC System Performance (where applicable)

· Fluoroscopic Maximum Entrance Exposure Rate

18. Cardiac Cath testing includes, but may not be limited to:

· Integrity of Unit Assembly

· Collimation and Radiation Beam Alignment

· kVp Accuracy

· kVp Reproducibility

· mA/mAs Linearity

· Exposure Reproducibility

· Exposure Timer Accuracy

· Exposure Timer Reproducibility

· Beam Quality Assessment (Half-Value Layer)

· Equipment Radiation Safety Functions

· Fluoroscopic Low Contrast Resolution

· Fluoroscopic High Contrast Resolution

· Fluoroscopic ABC System Performance at a minimum of 3-frame rates and multiple magnification and dose modes

· Cine-angiographic and Digital Subtraction Angiography ABC System Performance (where applicable)

· Fluoroscopic Maximum Entrance Exposure Rate

19. Rad and Fluro equipment testing includes, but may not be limited to:

· Integrity of Unit Assembly and Visual Inspection

· Collimation and Radiation Beam Alignment

· kVp Accuracy

· kVp Reproducibility

· mA/mAs Linearity

· Exposure Reproducibility

· Exposure Timer Accuracy

· Exposure Timer Reproducibility

· Beam Quality Assessment (Half-Value Layer)

· Equipment Radiation Safety Functions

· High Contrast Resolution (N/A for dental)

· Measurement of entrance skin exposures (ESEs) for a standard size patient and common radiographic examinations/dental projections

· Comparison of measured ESEs to published Diagnostic Reference Levels (DRLs) and Achievable Doses

4. Performance Monitoring The tasks are well defined and can, therefore, be easily monitored by the government point of Contact (POC), who shall represent the government for this process. The contractor performance will be monitored and the work certified by the POC. The POC will assure contractor quality by routine inspections, product sampling, and monitoring of work while work is being performed.

5. Security Requirements.

1. The contractor will be escorted at all times by VA personnel.

2. The C&A requirements do not apply, and a Security Accreditation Package is not required.

3. The acquisition is a service that does NOT involve the storage, generating, transmitting, or exchanging of VA sensitive information.

6. Other Pertinent Information or Special Considerations.

Equipment to be surveyed is as follows:

Some substitutions may be required due to equipment transit.

7. Inspection and Acceptance Criteria.

The POC is responsible for certifying that the work done under this contract is performed to standard. The POC is also responsible to assure the inspection and acceptance of products provided incidental to services.

8. Place of Performance.

All work is to be performed onsite at the following locations:

Portland VA Medical Center 3710 SW US Veterans Hospital Road Portland, OR 97239 Vancouver VA Medical Center 1601 E 4th Plain Blvd Vancouver, WA 98661 Hillsboro VA Clinic 1925 NE Stucki Ave.

Hillsboro, OR 97006 Salem VA Outpatient Clinic 1750 McGilchrist St. SE #130 Salem, OR 97302

9. Period of Performance.

This will be a base plus Three (3) option years.

Base Year: Date of Award – 8/31/2021 Option Year One: 09/01/2021 – 08/31/2022 Option Year Two: 09/01/2022 – 08/31/2023 Option Year Three: 09/01/2023 – 08/31/2024

10. Delivery Schedule Invoicing: Invoices will be submitted within 30 days of completion of work.

Reports: Reports documenting the data, results and recommended corrective action for each modality will be submitted within 30 days of completion of work.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Services, Non-personal: Annual radiological testing of equipment listed in the Statement of Work for the VA Portland Health Care System.

Contract Period: Base POP Begin: 09-01-2020 POP End: 08-31-2021

Annual CT QA Program Review (including necessary changes to program and/or documentation)

Annual MRI QA Program Review (including necessary changes to program and/or documentation)

Quarterly CT Protocol Meeting - guidance, attendance and associated work 3 hours per quarter

Contract Period: Base

Training and mentoring or Portland Radiation Safety Officer(s) (RSO) to include documenting radiological testing experience in the clinical radiological environment after business hours.

Training of Nuclear Medicine PET Technicians on QC procedures (both weekly and annually) on the NM and PET equipment and Hot Lab equipment.

Services, Non-personal: Annual radiological testing of equipment listed in the Statement of Work for the VA Portland Health Care System.

Contract Period: Option 1 POP Begin: 09-01-2021 POP End: 08-31-2022

Annual CT QA Program Review (including necessary changes to program and/or documentation)

Contract Period: Option 1

Training and mentoring or Portland Radiation Safety Officer(s) (RSO) to include documenting radiological testing experience in the clinical radiological environment after business hours.

Training of Nuclear Medicine PET Technicians on QC procedures (both weekly and annually) on the NM and PET equipment and Hot Lab equipment.

Services, Non-personal: Annual radiological testing of equipment listed in the Statement of Work for the VA Portland Health Care System.

Contract Period: Option 2 POP Begin: 09-01-2022 POP End: 08-31-2023

Contract Period: Option 2

Training and mentoring or Portland Radiation Safety Officer(s) (RSO) to include documenting radiological testing experience in the clinical radiological environment after business hours.

Training of Nuclear Medicine PET Technicians on QC procedures (both weekly and annually) on the NM and PET equipment and Hot Lab equipment.

Services, Non-personal: Annual radiological testing of equipment listed in the Statement of Work for the VA Portland Health Care System.

Contract Period: Option 3

Contract Period: Option 3

Training and mentoring or Portland Radiation Safety Officer(s) (RSO) to include documenting radiological testing experience in the clinical radiological environment after business hours.

Training of Nuclear Medicine PET Technicians on QC procedures (both weekly and annually) on the NM and PET equipment and Hot Lab equipment.

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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 52.217-8 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.3 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 four (4) years.

(End of Clause) C.4 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.] [] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[X] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[X] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[] 852.233–70, Protest Content/Alternative Dispute Resolution.

[] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause) C.5 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes FAR 52.219-6 Notice of Total Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause) C.6 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018)

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

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

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor compliance with the subcontracting commitments.

(End of Clause)

C.7 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)

(End of Addendum to 52.212-4)

C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JUN 2020)

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

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

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

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

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

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

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

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

[] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-4.

[] (13) [Reserved] [X] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020).

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219–9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of…