36C26119Q1264-001.docx

36C26119Q1264

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

36C261-19-AP-4370

640-19-3-522-0031 36C26119Q1264 09-17-2019 Dennis Salmonsen 916.923.4508 09-23-2019

12:00 PM PST

612MCP

Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Northern California HealthCare System 5342 Dudley Blvd, Bldg 209 McClellan

CA

95652-2609 X X 339112 1000 Employees N/A X VA Northern California Healthcare System 5342 Dudley Blvd., Bldg. 209 McClellan

CA

95652

612MCP

Department of Veterans Affairs Department of Veterans Affairs VA Northern California HealthCare System 3230 Peacekeeper Way, Bldg. 209 McClellan

CA

95652-1012

Department of Veterans Affairs FMS VA-9(101) Financial Services Center PO Box 149971 Austin

TX

78714-9971 See CONTINUATION Page

** SEE SECTION B1 FOR SALIENT CHARACTERISTCS FOR

SOLICITATION REQUIREMENT. **

** SEE SECTION B2 PRICE/COST SCHEDULE **

See CONTINUATION Page 640-3690160-522-820400 PRIMARY CARE-3131 Medical, Dental, and Scie-SPY0CP7A6.

X Brandy Gastinell Contract Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C261 Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Northern California HealthCare System 5342 Dudley Blvd, Bldg 209 McClellan CA 95652-2609

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

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Department of Veterans Affairs FMS VA-9(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:

Page 1 of Page 1 of

SALIENT CHARACTERISTICS

Over Instrument Table (Brand name or equal)

General Over Instrument Table, used to keep surgical instruments, supplies close at hand during procedures.

Warranty Requirements N/A.

Features

a. Mobility to move.

b. Type 304 stainless steel.

c. Mobile telescoping base.

d. Crank operates from either side of the table.

e. Top raises from 39” to 62”.

f. Raised back rail.

g. 3” diameter non-marking casters.

h. Two casters with brakes.

Specifications

Salient Characteristics

a. Top surface dimensions: 40”L x 23”W.

Mayo Stand (Brand name or equal)

General Mayo Stand – Foot Operated. Used to keep surgical instruments, supplies close at hand during procedures.

Warranty Requirements N/A.

Features

i. Mobility to move.

j. All welded stainless steel construction.

k. Mobile telescoping base.

l. Foot-pedal operated lock adjust height from 36” to 62”.

m. Removable 16-1/4” x 21-1/4” stainless steel tray.

n. Four 2” dual wheel swivel casters.

o. Two casters with brakes.

Specifications

Salient Characteristics

a. 50 lbs. weight capacity.

Kick Bucket (Brand name or equal)

General Kick Bucket. Medical receptacle, used to dispose of pliable and disposable articles; sponges, in the procedure room.

Warranty Requirements N/A.

Features

p. Mobility to move.

q. Balanced, tip-resistant.

r. Perimeter bumper to protect walls.

s. Electro-polished stainless steel frame.

t. 2” diameter double ball bearing swivel casters.

Salient Characteristics

u. Removeable 12 quart, stainless steel bucket.

Veterinary Surgical C-Arm Table: C-Arm Compatible (Brand Name or Equal)

1. General Veterinary Surgical Table designed for C-Arm use and advanced surgical procedures in the Veterinary O.R. Room environment.

2. Warranty Requirements

a. N/A.

3. Technical Specification and Code Requirements

a. N/A.

4. Environmental Features

a. N/A.

5. Features

1. Must be C-Arm compatible.

2. V-top configuration with removable side rails for C-arm use.

3. Fluoroscope compatible.

4. Electric controls that allow for height adjustment (approximately 31.5” – 43”.5”).

5. Longitudinal 15 degrees electric tilting.

6. X-Ray translucent plate 55” x 19.5”.

7. Lateral 20 degrees electric tilting.

8. Accommodate for small animal arthroscopy.

9. Should include 4 tie down cleats.

10. Moveable casters, lockable rubber legs.

11. Angled table to allow animal weight up to 250 lbs.

12. Provide drainage during surgery.

6. Specifications

Power: Battery and AC Table Charger: #7070AC Voltage: 120V Frequency: 60Hz Amperage: 5,8A Battery: Re-charge battery over night after every day's operation.

X-Ray Translucent Top Measures: 55" X 19.5" | 140 cm X 50 cm Lateral Tilt: 20 degrees Trendelenburg and Reverse Trendelenburg: 15 degrees C-Arm Compatible Table Top With Angled Plane for Improved Drainage And Support: 55" x 20" Weight Capacity: 250 lbs | 120 kg Height Adjustment: 80-110 cm; 31.5" - 43.3" Salient Characteristics

Table Weight: 220 lbs.

Veterinary Heated V-Top Surgical Table, 60in (Brand Name or Equal)

7. General Veterinary Heated V-Top Surgical Table designed for various positioning capabilities.

8. Warranty Requirements

b. N/A.

9. Technical Specification and Code Requirements

b. N/A.

10. Environmental Features

a. N/A.

11. Features

13. Adjustable angle of the V-top 0 to 90 degrees.

14. Tabletop capable of longitudinal tilt up to 50 degrees.

15. Electric base equipped with height adjustment and Trendelenburg positioning.

16. Table height is adjustable - 28 to 40 inches.

17. Heating system completes automatic self-diagnostic test every time unit is activated.

18. Trendelenburg positioning ranges flat to nearly vertical.

19. Digital screen display the current temperature.

20. Built-in drain hole.

12. Specifications

Salient Characteristics

Flat Hydraulic Lift 60in Heated Top Surgical Table, Electric Base (Brand Name or Equal)

13. General Veterinary Heated V-Top Surgical Table designed for various positioning capabilities.

14. Warranty Requirements

c. N/A.

15. Technical Specification and Code Requirements

c. N/A.

16. Environmental Features

a. N/A.

17. Features

21. Table height electronically adjustable – 28 to 40 inches.

22. Heating system completes automatic self-diagnostic test every time the unit is activated.

23. Digital screen displays the current temperature and temperature.

24. Stainless steel V-Top angle adjust 0 to 90 degrees.

25. Tabletop has longitudinal tilt up to 50 degrees.

26. Trendelenburg positioning ranges to flat to nearly vertical.

18. Specifications

Power: 230 V, 0,63 A 50 Hz Load capacity: 264.5 lbs (120 kg) Height adjustment: 28.3 - 40.2 in (72 - 102 cm) Tabletop dimensions: 60 x 23.6 in (152 x 60 cm) V-Top angle: 0 - 90° Salient Characteristics

Lateral tilt: 0 - 50°

EPT Veterinary Mobile Treatment Table, Stainless Steel (Brand Name or Equal)

19. General ETP Veterinary Mobile Treatment Table, designed for various positioning capabilities.

20. Warranty Requirements

d. N/A.

21. Technical Specification and Code Requirements

d. N/A.

22. Environmental Features

a. N/A.

23. Features

27. Electrical or battery powered height adjustable by foot control.

28. Hight grade chassis for maximum stability.

29. Stainless steel or synthetic top with drain.

30. Scratchproof/cold temperature resistant top.

31. 4 tie-down hooks.

32. Transportable on casters.

33. Lockable rubber legs.

34. Safety switch rod.

35. Adjustable table top.

36. One-hand movement supported by pneumatic cylinder

37. 250lb load capacity.

24. Specifications

Salient Characteristics

1. Powered by: Electric 130 volt 50Hz, or Battery.

PPE (Personal Protective Equipment) Cart (Brand name or equal)

General PPE (Personal Protective Equipment) Cart. Holds laundered or boxed gowns, earloop face masks or face shields, gloves, and dedicated storage areas for additional isolation supplies.

Warranty Requirements N/A.

Features

v. 3” casters with toe-locking brake.

w. Steel doors with magnetic closure.

x. Process indicators visually identify donning order.

y. Glove size indicators.

z. PETG lid with 50 lb. maximum weight capacity.

aa. Exceeds UL industry requirements for tipping stability.

ab. California Phase 2 Compliant.

Yellow powder-coated aluminum and stell, gray power-coated aluminum, brushed nickel hardware, and clear PETG lid.

Dimensions

ac. External: 26.10”W x 53.15”H x 16.67”D.

Salient Characteristics

ad. Weight: 75 lbs.

Isolation Organizer Cart (Brand name or equal)

General Isolation Organizer Cart. Compliments the PPE (Personal Protective Equipment) Cart. Holds supplies.

Warranty Requirements N/A.

Features

ae. Multilingual labels on each drawer.

af. Three glove sizes.

ag. Holds face shields, earloop masks, and N995 respirators.

ah. Dispense gowns one at a time with touch and pull

ai. Additional storage for a minimum of 50 gowns.

aj. Attached side container for sanitizing hands, and disinfect surfaces.

Dimensions

Salient Characteristics

ak. External: 25”W x 52”H x 14.5D.

Unicart, Slim Med Junior - Steel (Brand name or equal)

General

Medical Carts: 3-Drawer Steel Med Junior Cart with One 3" and Two 9" Drawer Configuration, KEY LOCK.

Warranty Requirements N/A.

Features

al. Cart Type: Medical Cart

am. Casters - Yes

an. Depth: 24.5”

ao. Height: 36”

ap. Width: 23”

aq. Dimensions Inches: 23 W x 24.5 D x 36 H

ar. HPIS Code: 770_40_40_0

as. Number of Drawers: Three (3) Salient Characteristics

at. UNSPSC: 42192404

Linen Hamper (Brand name or equal)

General Linen Hamper. For used linen to improve safety and control airborne bacteria and orders.

Warranty Requirements N/A.

Features

au. Mobility to move.

av. Constructed of heavy gauge steel.

aw. Triangular shape

ax. 3” swivel casters.

ay. Stainless steel.

az. Rolling bumpers.

ba. Foot operated.

Salient Characteristics

bb. Accommodates 18” bags.

2-Shelf Tub Carts (Brand name or equal)

General 2-Shelf Tub Carts. General transportation of supplies, for hospital staff.

Warranty Requirements N/A.

Features

bc. Polyethylene shelves and legs.

bd. Scratch, dent and rust resistant.

be. Push handle molded into the top tub shelf.

bf. Four 4” casters, two with locking brake.

Dimensions

bg. 18”D x 24”W x 37.5”H.

Salient Characteristics

bh. Weight: 23 lbs.

Undercounter Refrigerator, Laboratory (Brand Name or Equal)

25. General Undercounter refrigerator, laboratory.

26. Warranty Requirements

e. 18 months, parts and labor, 5 year compressor.

27. Technical Specification and Code Requirements

e. UL, C-UL Listed.

28. Environmental Features

a. N/A.

29. Features

38. Digital LED display microprocessor temperature controller.

39. Audible and visual Hi/Lo temperature alarm.

40. Adjustable control range from +2 degree C to +8 degree C.

41. Remote alarm contacts.

42. Continuous temperature display.

43. Product sensor with glycerin bottle.

44. Sensor access port 1” diameter.

45. Heavy-duty solid door with self-closing hinges.

46. Pull door handle

47. Magnetic door gasket.

48. Centered key door lock.

49. Solid base with leveler legs.

50. Air cooled condensing unit.

51. Base mounted forced air front-breathing refrigeration system.

52. Automatic defrost and condensate evaporation.

53. Air intake and exhaust through the base of the unit.

54. Condenser filter screen.

55. Field reversible door.

30. Specifications

Weight: 125 lb.

Salient Characteristics

Large Capacity Manual Autoclave (Sterilizer) (Brand Name or Equal)

31. General Large capacity manual autoclave (sterilizer) designed for sterilization of wrapped and unwrapped instruments and related items. Electrically heated sterilizer using steam as the sterilizing agent.

32. Warranty Requirements

f. 2-years parts and labor.

33. Technical Specification and Code Requirements

f. N/A.

34. Environmental Features

a. N/A.

35. Features

56. Chamber dims: 15” x 30”.

57. Volume: 22gal.

58. Overall dims: (D x W x H) 34.5” x 26” x 20.6”.

59. Standard Cassettes: 15 full.

60. Tray Dims: 26.6” x 11.3” x 1”, 26.6” x 13.8” x 1”.

61. Number of trays: 2.

62. Standard unwrapped cycle time: Cold: 32 mins. Hot: 23 mins.

63. Voltage: 230V, 50/60Hz, 16A or 120V, 50/60Hz, 16A.

64. Power: 3000W, 13.6A.

65. Weight: 213lbs.

66. Closed door active drying system.

67. Computerized control unit.

68. Autoclave to have three automatic programs, and one auxiliary drying program.

69. Standby heating mode.

70. Built-in water pump.

Salient Characteristics

Ultrasonic Cleaner (Brand Name or Equal)

36. General Ultrasonic cleaner generating ultrasonic waves through the process of cavitation allowing for dislodging of dirt and debris, medical equipment, and glassware.

37. Warranty Requirements

g. N/A.

38. Technical Specification and Code Requirements

g. N/A.

39. Environmental Features

a. N/A.

40. Features

71. Digital timer and heater displays and controls.

72. Stainless steel baskets and covers.

73. Smudge-free stainless surface.

74. Drain valve on cleaner.

75. Handles on cleaner for lifting.

Salient Characteristics

a. 2.6 Gallon.

Microliter Centrifuge (Brand Name or Equal)

41. General Microliter Centrifuge for molecular biology applications including PCR, DNA & RNA.

42. Warranty Requirements

h. 5-year warranty.

43. Technical Specification and Code Requirements

h. N/A.

44. Environmental Features

a. N/A.

45. Features

76. Max capacity – 30 x 1.5/2.0 ml.

77. Max RPM/RCF – 15,000/21,382.

78. Cool function – down to +4-degree C in 10-15 min.

79. For DNA, RNA and temperature-sensitive samples.

80. Bio-containment, autoclavable, phenol-resistant lids.

81. Self-closing, auto-locking lid with steel latches.

82. All-metal chamber.

83. Hold up to 30 tubes per run.

84. 24 spin columns.

46. Specifications

Electrical: 120V Depth: 13.5”.

Temperature Control: -10 to + 40-degree C.

Height: 10.2”.

Width: 10.8”

Salient Characteristics

Micro Bead Sterilizer (with Beads) (Brand Name or Equal)

47. General Micro Bead Sterilizer (with Beads) for the sterilization of small tools, such as forces, scissors, needles, etc. using high temperatures.

48. Warranty Requirements

i. 2-years.

49. Technical Specification and Code Requirements

i. N/A.

50. Environmental Features

a. N/A.

51. Features

85. Sterilize forces, needles, and other tools, in approximately 15 seconds.

86. Digital control, up to 300 degree C.

87. No use of gas, flame or chemicals.

88. Safe to use in hoods.

52. Specifications

Temperature Range: Adjustable, 100-300 degree C.

Preheat Time: Approximately 25 minute to 300 degree C.

Chamber Diameter: 40mm.

Chamber Height: 80mm.

Exterior Dims: (WxDxH) 5.5” x 5.7” x 6.1”.

Chanber Bead Capacity: 15 g Weight: 2 kg.

Electrical: 115 VAC or 230 VAC, 50-60 Hz.

Power: 120 W.

Operating Environment: 4-degree C to 45-degree C.

Salient Characteristics

Beads, glass refill 3mm 1000g (Brand name or equal)

General Beads, glass refill 3mm 1000g. For micro bead sterilization equipment.

Warranty Requirements N/A.

Features

bi. Size: 3mm.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Table, Instrument, Over, Marine Edge. DRE70062S - BRAND NAME OR EQUAL

LOCAL STOCK NUMBER: DRE70062S

Stand, Mayo SS, Foot Oper, Pedigo. DRE100P1069SS - BRAND NAME OR EQUAL

LOCAL STOCK NUMBER: DRE100P1069SS

Kick Bucket, Pedigo. DREP1020SS - BRAND NAME OR EQUAL

LOCAL STOCK NUMBER: DREP1020SS

Table, Aeron, Panomed. DRE7070ABF - BRAND NAME OR EQUAL

LOCAL STOCK NUMBER: DRE7070ABF

Table, Surgery, Electric, Edge VTOP Heat. DRELIFTRAILS - BRAND NAME OR EQUAL

LOCAL STOCK NUMBER: DRELIFTRAILS

Edge Flat Hyd Lift 69"L, Heated. DRE-70LIFTH-70FLAT60 - BRAND NAME OR EQUAL

LOCAL STOCK NUMBER: DRE-70LIFTH-70FLAT60

Pannomed EPT Veterinary Mobile Treatment Table, SS. DRE-7070VL-SSC - BRAND NAME OR EQUAL

LOCAL STOCK NUMBER: DRE-7070VL-SSC

Cart, Mobile Protection System, PPE-CARTII - BOACT0300000 - BRAND NAME OR EQUAL

LOCAL STOCK NUMBER: BOACT0300000

Isolation Organizer Cart. NONISOORGCART - BRAND NAME OR EQUAL

LOCAL STOCK NUMBER: NONISOORGCART

Slim Med Junior Steel Unicart. - MPH01W3YEL - BRAND NAME OR EQUAL

LOCAL STOCK NUMBER: MPH01W3YEL

Hamper, Linen, Pedigo. - PEDP1121LSS - BRAND NAME OR EQUAL

LOCAL STOCK NUMBER: PEDP1121LSS

2-Shelf Tub Carts Medline. - EVSSTC11BLK - BRAND NAME OR EQUAL

LOCAL STOCK NUMBER: EVSSTC11BLK

UC Auto Defrost Refrigerator Norlake. - NOEPR041WMW0 - BRAND NAME OR EQUAL

LOCAL STOCK NUMBER: NOEPR041WMW0

Large Capacity Manual Autoclave Tuttnauer. TUN3870EA - BRAND NAME OR EQUAL

LOCAL STOCK NUMBER: TUN3870EA

Ultrasonic Cleaner, Cavitator Mettler. TTLME10L - BRAND NAME OR EQUAL

LOCAL STOCK NUMBER: TTLME10L

Centrifuge, Midro 200 Microliter Hettich. HTT200MICRO3 - BRAND NAME OR EQUAL

LOCAL STOCK NUMBER: HTT200MICRO3

Bead Sterilizer - BENB1201 - BRAND NAME OR EQUAL

LOCAL STOCK NUMBER: BENB1201

Beads, Glass Refill 3mm 1000g. BENB1201BEAD - BRAND NAME OR EQUAL

LOCAL STOCK NUMBER: BENB1201BEAD

B.3 DELIVERY SCHEDULE

Palo Alto Division (PAD), BLDG 710 3801 Miranda Ave.

Palo Alto, CA 94304

USA

650.493.5000 Ext: 62953 | Ext: 62453

tommy.white@va.gov

7.00

2.00

1.00

1.00

5.00

2.00

6.00

8.00

3.00

8.00

18.00

1.00

3.00

1.00

1.00

11.00

11.00

Salient Characteristics

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 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009)

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

(End of Clause) C.3 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.4 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.5 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(End of Clause)

C.6 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

Shipment of deliverable items, other than reports, shall be to:

VA Northern California Healthcare System 5342 Dudley Blvd., Bldg. 209

McClellan CA 95652 (End of Clause)

C.7 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

Material shall be packed for shipment in such a manner that will insure acceptance by common carriers and safe delivery at destination. Containers and closures shall comply with regulations of carriers as applicable to the mode of transportation.

(End of Clause)

C.8 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.9 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAY 2019)

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

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

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

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

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

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

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

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

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

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

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

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

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery 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. (OCT 2015) (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 (NOV 2011) (15 U.S.C. 657a).

[] (ii) Alternate I (NOV 2011) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (JAN 2011) of 52.219-4.

[] (13) [Reserved] [X] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

[] (ii) Alternate I (NOV 2011).

[] (iii) Alternate II (NOV 2011).

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

[] (ii) Alternate I (Oct 1995) of 52.219-7.

[] (iii) Alternate II (Mar 2004) 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 (AUG 2018) (15 U.S.C. 637(d)(4)).

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

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (JAN 2017) of 52.219-9.

[] (v) Alternate IV (AUG 2018) of 52.219-9.

[] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[] (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

[X] (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C 632(a)(2)).

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (DEC 2015) (15 U.S.C. 637(m)).

[] (24) 52.219-30, Notice…