36C26120Q0331-001.docx

36C26120Q0331

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

640-20-1-533-0011

36C261-20-AP-0792

36C26120Q0331 05-06-2020 Dennis Salmonsen 916.923.4508 06-05-2020 5:00 pm Pacific

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 334510 1250 Employees N/A X

** SEE DELIVERY SCHEDULE B.3 **

612MCP

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

CA

95652-1012

FMS VA-9(101) Financial Services Center PO Box 149971 Austin

TX

78714-9971 See CONTINUATION Page The contractor shall provide healthcare monitors, accessories, installation and networking in accordance with the criteria established in this solicitation.

Quotes shall be emailed to Dennis Salmonsen at dennis.salmonsen@va.gov by 06/05/2020, 5:00 p.m - Pacific See CONTINUATION Page 640-3600160-533-822200 Diagnostic Radio-3131 Medical, Dental, and Scie-SPY0CP7A3 X Brandy Gastinell Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C261 Brandy Gastinell

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:

STATEMENT OF WORK FOR THE PALO ALTO HEALTHCARE SYSTEM

GE Healthcare Monitors CareScape B850 & B450 (Brand Name Only) Background This is a new request for patient care use in the holding area of the Radiology expansion building. The holding area will serve patients for the six imaging modalities on pre and post-procedure status. It is an essential system that will be used to monitor routine and acute inpatients and outpatients. The system is currently in use in the operating room, recovery room, and intensive care units at Palo Alto.

Objectives/Scope The CARESCAPE™ Monitor B850 is a multi-parameter high acuity patient monitor intended for use in multiple areas within a professional healthcare facility. The CARESCAPE Monitor B850 is intended for use on adult, pediatric, and neonatal patients and on one patient at a time. The CARESCAPE Monitor B850 system is indicated for monitoring of Hemodynamic (including ECG, ST Segment, Arrhythmia Detection, ECG Diagnostic Analysis and Measurement, Invasive Pressure, Noninvasive Blood Pressure, Pulse Oximetry, Cardiac Output, Temperature, Impedance Respiration and SvO2 (Mixed Venous Oxygen Saturation)), Airway Gases (Fi/Et CO2, O2, N2O and Anesthetic Agent), Spirometry, Gas Exchange (O2 Consumption (VO2), CO2 production (VCO2), energy expenditure (EE), and respiratory quotient (RQ)) and neurophysiological (including electroencephalography (EEG), Entropy, Bispectral Index (BIS) and Neuromuscular Transmission (NMT) Monitoring) status. The CARESCAPE Monitor B850 provides alarms, trends, snapshots and events, and calculations and can be connected to displays, printers and recording devices. The CARESCAPE Monitor B850 can be a stand-alone monitor or interfaced to other devices. It can also be connected to other monitors for bed to bed viewing and to data management software devices via a network. The CARESCAPE Monitor B850 is intended for use under the direct supervision of a licensed healthcare practitioner, or by personnel trained in proper use of the equipment in a professional healthcare facility. In addition to the healthcare practitioner, the CARESCAPE Monitor B850 is designed to provide configuration and troubleshooting capabilities to qualified service personnel.

The CARESCAPE Monitor B450 is an important component of the CARESCAPE monitoring platform. It is a lightweight bedside monitor that is robust enough to meet changing patient acuity and care area needs as well as capable of maintaining all bedside monitoring functions during intra-hospital transport. Enables you to use a wide parameter set with its compatibility with the CARESCAPE Patient Data Module (PDM), Patient Side Module (E-PSM) as well as single-width E-modules. Consistent, innovative algorithms aid in accurate diagnoses, including Datex-Ohmeda sidestream CO², 12SL diagnostic ECG with direct two-way MUSE ECG communication, DINAMAP SuperSTAT NIBP, Entropy, BIS, and your choice of GE TruTrak+, Masimo SET or Nellcor OxiMax SpO₂. Exceptional alarm functionality enables remote bed-to-bed viewing (Auto View on Alarms), quick adjustment to all parameter limits, defining parameter limit range(s), preventing specific alarms from being turned off and setting adjustments to meet patient changing conditions may help optimize your workflow and reduce alarm fatigue • Dedicated software and parameters for the OR, PACU, Critical Care, Emergency Care and NICU care areas make it easier to configure to your work patterns. Remote service through InSite ExC provides updates and predictive maintenance to assist your biomed servicing capabilities.

Selection Criteria Brand Name Only

Manufacturer offers two years warranty that product is free from defects in materials and workmanship. All defects will be replaced or repaired by the manufacture at no cost to the buyer.

Product Specifications B850 – BRAND NAME ONLY Display characteristics

Brightness

Pixel dimension

Contrast Ratio

Response time

Controls

I/O connectors CPU

1. Performance specifications B850:

Alarms

2. Power specifications B850 Internal AC power supply Power input 100 to 240 v; 50 to 60 Hz Internal DC power supply (D15K only) Power input 16.75 V DC +/-5% Power consumption

3. Environment specifications B850 Temperature

Humidity

Altitude

Harmful ingress of water

4. Physical specifications B850 Dimensions

Weight

5. Certifications B850 IEC 60601-1; CAN/CSA C22.2 No. 601.1-M90; UL 60601-1; IEC 60601-1-2; CE marking according to the Medical Devices Directive 93/42/EEC

6. Technical specifications B450 – BRAND NAME ONLY:

Display

Controls

7. Performance specifications B450:

Networking

I/O Connectors

Paper recorder (optional, in-built)

Mounting GCX compatible FM Quick-Mount compatible Integrated carrying handle Alarms

Trend

Snapshot

8. Power specifications B450 Power Supply

Battery (optional)

9. Environment specifications B450 Operating conditions

Storage conditions

Physical specifications

Deliverables or Delivery Schedule The vendor shall deliver the equipment via standard delivery with F.O.B. destination as scheduled with OFPD.

The equipment shall be delivered to the following addresses:

VA Palo Alto Health Care System (PAD) Warehouse B50 3801 Miranda Ave

Documentation necessary includes a statement acknowledgement/invoice and receipt of delivery.

Place of Performance The place of performance will be building 100 on the grounds of the Palo Alto Health Care System.

Period of Performance Everything must be delivered within 60 calendar days after the award date.

Installation

· Create a Network Design of the 15 Network Nodes and Network Drops

· Provide CAT5E and Fiber as well as Network Switches, UPS for Radiology Network

· Pull CAT5e/Fiber, terminate and test Network

· Install N850’s and Wall Mounts on Wall Channels

· Install B450’s on Roll Stands

· Install CARESCAPE Central Station

· Provide Onsite Classroom Clinical Application Training for staff for the Bx50’s and CSCS the week before installation and Go Live

· Provide Bx50 Monitor Configuration to set up unit defaults

· Provide CSCS Configuration to set up unit defaults

· Provide Onsite Clinical Application Training Support and Go Live after install and patient migration to new monitors

· Six CARESCAPE B850 Monitors with Wall Channels and Wall Mounts

· Two CARESCAPE B450 Transport Monitors with Roll Stands

· Eight CARESCAPE PDM’s or Patent Data Modules

· Eight Ent CO2 Modules

· One CARESCAPE Central Station or CSCS

· (FOR VA Palo Alto ONLY) The VA Palo Alto will be required & responsible to install the six (6) wall channels in Radiology.

Training

· Eight Days of Patient Monitoring Clinical Application Training

· One DAY of CARESCAPE Central Station Clinical Application Training

· Two days of CARESCAPE Bx50 Onsite Configuration

· Network Design and Implementation of 15 Network Nodes and Network Drops

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

CARESCAPE MONITOR - B850 - PACKAGE

0001AA

Carescape Monitor B850 (2068592-001)

0001AB

B850 V2 CPU C1 with 2 Video (2042396-141)

0001AC

Carescape B850 ESP V2 Software (2041477-064)

0001AD

B850 V2 English US Gov Localization (2042396-153)

0001AE

Sftwr KBD B850 English US (2041477-043)

0001AF

Sftwr Lic HZ60 - B850 60HZ Power Freq. (2041477-002)

0001AG

Power Cord N America 125V 3.8m Straight (204396-033)

0001AH

B850 80RP - Anesthesia Software Package (2041477-023)

0001AJ

B850 8PAC - Post Anesthesia Care Software Package (2041477-024)

0001AK

B850 81CU - Critical Care Software Package (2041477-025)

0001AL

B850 PARR - Full Arrhythmia License (2041477-013)

0001AM

B850 PQTC - Multi-Lead QT/QTC Analysis License (2041477-015)

0001AN

B850-AVOA - Auto View On alarm License (2041477-018)

0001AP

B850 CHMO - Hemodynamic Calculations license (2041477-020)

0001AQ

B850 12ST - Multi-Lead ST Analysis License (2041477-057)

0001AR

B850 PPCO - PICCO Cardiac Output (2041477-066)

0001AS

B850 PSCV - Central Venous Oxygen Saturation License (2041477-068)

0001AT

Frame CPU Cable 5 FT. (2042396-105)

0001AU

Carescape 19" Display (2042396-033)

0001AV

Power Cord N America 125V 3.8m Straight (204396-033)

0001AW

Cable Video DVI-D 3M (2042925-015)

0001AX

Cable USB 3.34M (2042925-017)

0001AY

F5 Module Frame, for B850, 5 module slots (M1115512)

0001AZ

Carescape Respiratory Module E-sCO, single width module with CO2 & O2 airway gas measurement (M1199049)

0001BA

D-fend Pro+ Water Trap, green, single patient use, (for critical care moduled E-sCO/E-sCOV) (M1200227)

0001BB

USB Remote Control English (2039040-001)

0001BC

VHM-P (Non-Locking) Variable Height Arm, 25-45 lbs/11.3-20.4 Kg.

0001BD

CPU Flush Mount w/Environment shield (2024390-002)

0001BE

Kit Mtg-Non-Lock VHM Arm W/F5 Brkt (2043248-001)

0001BF

25" Wall Channel (416537-006)

0001BG

Mounting Adapter Plate (2017532-001)

0001BH

Variable Height Arm 6" Extension Mount (2005961-001)

0001BJ

INSTALLATION - Carescape Monitor B850

CARESCAPE MONITOR - B450 - PACKAGE

0002AA

Carescape Monitor B450 (2068491-001)

0002AB

B450 Frame Without WLAN (2065433-001)

0002AC

Carescape B450 ESP V2 Software 92066077-001)

0002AD

B450 Recorder Option (2066520-001)

0002AE

B450 V2 English US Gov Localization (2064132-001)

0002AF

B450 English US Keyboard SW Setting (2068494-005)

0002AG

B450 Power Frequency Setting 60HZ (2068494-017)

0002AH

B450 40RP - Anesthesia Software Package (2064265-001)

0002AJ

B450 4PAC - Post Anesthesia Care Software Package (2064272-001)

0002AK

B450 41CU - Critical Care Software Package (2064277-001)

0002AL

B450 PARR - Full Arrythmia License (2064304-001)

0002AM

B450 PQTC - Multi-Lead QT/QTC Analysis License (2064 307-001)

0002AN

B450 AVOA - Auto View on Alarm License (2064495-001)

0002AP

B450 CHMO - Hemodynamic Calculations License (2064496-001)

0002AQ

B450 12ST - Multi-Lead ST Analysis License (2064306-001)

0002AR

B450 PPCO - PICOO Cardiac Output License (2065172-001)

0002AS

B450 PSCV - Central Venous Oxygen Saturation License (206-6494-001)

0002AT

Power Cord, USA/Canada 8FT Angle, GE PN 405535-007 (2066381-001)

0002AU

Battery FLEX-3S2P 10.8V 18650 Li-Ion SMBUS (B450 Compatible) (2066381-001)

0002AV

Carescape Respiratory Module E-sCO, single width module with CO2 & O2 airway gas measurement (M1199049)

0002AW

D-fend Pro+ Water Trap, green, single patient use, (for critical care moduled E-sCO/E-sCOV) (M1200227)

0002AX

5 Wheel Roll Stand Dash w/Adapter Plate (900276-011)

0002AY

Carescape Monitor B450 Bedrail Hook (2095708-001)

0002AZ

Trasport Only B450 Monitor (2095708-001)

0002BA

INSTALLATION Charge (2083083-001)

0.00

CABLE AND PARTS FOR B850 & B450 MODELS - PACKAGE

0003AA

8.00

Patient Data Module (PDM) (2041390-001)

0003AB

8.00

Masimo SpO2 (2041390-001)

0003AC

8.00

English (2041390-003)

0003AD

8.00

60Hz (92041575-002)

0003AE

8.00

Invasive Pressures (2041575-003)

0003AF

8.00

Battery (2041390-041)

0003AG

8.00

No Bedside Dock (2041390044)

0003AH

8.00

Masimo Interconnect Cable with LNCS connector (pin style), 10FT. (2027263-002)

0003AJ

8.00

Sensor LNCS dc-1 adult reusable ea. (2027258-001)

0003AK

8.00

Sensor LNCS tc-1 tip-clip ear reusable ea. (2027261-001)

0003AL

8.00

1.3 m/4.3 ft. extension calbe for disposable tempreature probes. Use with Multiparameter cable 545200 or 545201 (CF-165640)

0003AM

8.00

Tempreature Cable, 400 Series Probes, Single, 0.5 M/1.7 FT. (2104178-001)

0003AN

8.00

Classic-CUF Assortment Kit, 2T Dinaclick -20/PK (5 cm, adult, 10 adult, 5 lg adult) (2059304-001)

0003AP

8.00

IPB Cable, ICU Medical Transpac-IV Single, 3.6 m/12 ft. (2104158-001)

0003AQ

8.00

ECG Trunk Cable, 3/5-lead, AHA, 6 m/20 ft. (2106311-001)

0003AR

8.00

ECG Leadwire set, 5-lead, grabber (2106391-002)

0003AS

1.00

INSTALLATION Charge (2083083-001)

0.00

CARESCAPE CENTRAL STATION - PACKAGE

0004AA

1.00

Carescape Central Station V2 MAI 700 ATO Model (2092670-001)

0004AB

1.00

New - CSCS V2.1 SW with MAI700 Integrated HW (2092695-005)

0004AC

1.00

CSCS V2.1 English US Government Localization with eManuals (2092690-47)

0004AD

1.00

CSCS English-US Keyboard with Mouse (2081738-004)

0004AE

1.00

6ft North America power cord (80274-006)

0004AF

6.00

Bed View License - 1 Bed (2092862-001)

0004AG

1.00

Multikm License (2092863-004)

0004AH

1.00

Patient Management Licenses (2092863-001)

0004AJ

1.00

ADT Picklist License (2092863-002)

0004AK

1.00

Review License (2092864-001)

0004AL

1.00

FD Page and Reltime Trnds License (2092864-002)

0004AM

1.00

OXYCRG License (2092864-007)

0004AN

1.00

PDF to Emr License (2092864-008)

0004AP

6.00

CSCS 24 Hr FD License (2095336-001)

0004AQ

1.00

PRN50-M+ / Rail/Pole/Wall Mount Kit (2087404-001)

0004AR

1.00

25" Wall Channel (416537-006)

0004AS

1.00

Flush Mount with Tilt and Swivel for MP200 (2079698-002)

0004AT

1.00

PRN 50-M+ 2in Strip Printer (2063806-013)

0004AU

1.00

CIC Laser Printer (2039670-001)

0004AV

1.00

CSCS V2 Strip Printer Accessory Kit (2100519-001)

0004AW

1.00

CIC UPS< 600VA, 110V (UPS6=A)

0004AX

1.00

InSite Connectivity: A broadband-based service network that connects to GE Healthcare's Support Center via a secure internet connection to enable on-demand digital services.

0004AY

1.00

INSTALLATION Charge (2083083-001)

0.00

TRAINING - PACKAGE

0005AA

8.00

Patient Monitoring Clinical applications Training On-Site B850/B650/B450/B40/VC150 Support - 1 day training and/or Go Live Support (2016373-349)

0005AB

1.00

Configuration On-Site- Carescape Bx50 Monitors, per Unit, 2day

0005AC

1.00

Clinical Training Promotion-Purchase 8 days receive 50% discount (Expires Dec. 31, 2019) (PROMO-087)

0005AD

1.00

CSCS Clinical User and Configuration Training (2016373-400)

0005AE

1.00

Installation Charge (2083083-001)

0.00

NETWORK DESIGN - PACKAGE

0006AA

1.00

Network Design/Consult Seg Network -15+ Nodes (2036075-001)

0006AB

14.00

Networ Design?Consult Seg Network -<15 Nodes (2036075-034)

0006AC

15.00

Network Equipment w/Cisco (Minimum 7 nodes) (2036075-009)

0006AD

1.00

Network Equipment - UPS for Switches/Routers (Per 20 Nodes) (2036075-011)

0006AE

15.00

Network Equipment Install (Minimum 7 Nodes) (2036075-012)

0006AF

1.00

Network Equipment Install (Minimum 7 Nodes) (2036075-012)

0006AG

1.00

Network Fiber Run Install - Dust Carts (203-6075-186)

0006AH

15.00

Network Drop Install w/Cat6, Dust Carts (2036075-020)

0006AJ

1.00

CARESCAPE Network Documentation Kit and Labels (2036075-058)

B.3 DELIVERY SCHEDULE

(PAD) Warehouse B50 3801 Miranda Ave Palo Alto, CA 94304

USA

650.269.7662 baubak.bagherpour@va.gov

3801 Miranda Ave Palo Alto, CA 94304

USA

3801 Miranda Ave Palo Alto, CA 94304

USA

3801 Miranda Ave Palo Alto, CA 94304

USA

3801 Miranda Ave Palo Alto, CA 94304

USA

0001AE

6.00

3801 Miranda Ave Palo Alto, CA 94304

USA

3801 Miranda Ave Palo Alto, CA 94304

USA

3801 Miranda Ave Palo Alto, CA 94304

USA

3801 Miranda Ave Palo Alto, CA 94304

USA

3801 Miranda Ave Palo Alto, CA 94304

USA

3801 Miranda Ave Palo Alto, CA 94304

USA

3801 Miranda Ave Palo Alto, CA 94304

USA

3801 Miranda Ave Palo Alto, CA 94304

USA

3801 Miranda Ave Palo Alto, CA 94304

USA

3801 Miranda Ave Palo Alto, CA 94304

USA

3801 Miranda Ave Palo Alto, CA 94304

USA

3801 Miranda Ave Palo Alto, CA 94304

USA

3801 Miranda Ave Palo Alto, CA 94304

USA

3801 Miranda Ave Palo Alto, CA 94304

USA

3801 Miranda Ave Palo Alto, CA 94304

USA

3801 Miranda Ave Palo Alto, CA 94304

USA

3801 Miranda Ave Palo Alto, CA 94304

USA

3801 Miranda Ave Palo Alto, CA 94304

USA

3801 Miranda Ave Palo Alto, CA 94304

USA

3801 Miranda Ave Palo Alto, CA 94304

USA

3801 Miranda Ave Palo Alto, CA 94304

USA

3801 Miranda Ave Palo Alto, CA 94304

USA

3801 Miranda Ave Palo Alto, CA 94304

USA

3801 Miranda Ave Palo Alto, CA 94304

USA

3801 Miranda Ave Palo Alto, CA 94304

USA

3801 Miranda Ave Palo Alto, CA 94304

USA

3801 Miranda Ave Palo Alto, CA 94304

USA

3801 Miranda Ave Palo Alto, CA 94304

USA

0002AA

2.00

0002AB

2.00

0002AC

2.00

0002AD

2.00

0002AE

2.00

0002AF

2.00

0002AG

2.00

0002AH

2.00

0002AJ

2.00

0002AK

2.00

0002AL

2.00

0002AM

2.00

0002AN

2.00

0002AP

2.00

0002AQ

2.00

0002AR

2.00

0002AS

2.00

0002AT

2.00

0002AU

2.00

0002AV

2.00

0002AW

2.00

0002AX

2.00

0002AY

2.00

0002AZ

2.00

0002BA

2.00

0003AA

8.00

0003AB

8.00

0003AC

8.00

0003AD

8.00

0003AE

8.00

0003AF

8.00

0003AG

8.00

0003AH

8.00

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8.00

0003AK

8.00

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8.00

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8.00

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8.00

0003AP

8.00

0003AQ

8.00

0003AR

8.00

0003AS

1.00

0004AA

1.00

0004AB

1.00

0004AC

1.00

0004AD

1.00

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1.00

0004AF

6.00

0004AG

1.00

0004AH

1.00

0004AJ

1.00

0004AK

1.00

0004AL

1.00

0004AM

1.00

0004AN

1.00

0004AP

6.00

0004AQ

1.00

0004AR

1.00

0004AS

1.00

0004AT

1.00

0004AU

1.00

0004AV

1.00

0004AW

1.00

0004AX

1.00

0004AY

1.00

0005AA

8.00

0005AB

1.00

0005AC

1.00

0005AD

1.00

0005AE

1.00

0006AA

1.00

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14.00

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Page 1 of Page 1 of

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.