36C26126Q0454.docx

36C26126Q0454

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C261-26-AP-2853

593-26-3-577-0055 36C26126Q0454 04-28-2026 Mathew B. Czeshinski 916-923-4564 05-13-2026

10:00 AM

PDT

612MCP

Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) Network Contracting Office (NCO) 21

X 334111 1250 Employees N/A X See Delivery Schedule

612MCP

Department of Veterans Affairs Network Contracting Office (NCO) 21 3237 Peacekeeper Way, Bldg 209 McClellan CA 95652

Department of Veterans Affairs FMS VA-9(101) Financial Services Center PO Box 149971 Austin TX 78714-9971 See CONTINUATION Page Contractor shall provide and install Electronic Infrastructure Upgrade Phase 2 supporting the Las Vegas VA Medical Center IAW the Statement of Work.

Questions regarding this solicitation are due 05/01/2026 by 10:00 am PDT with quotes being due 05/13/2026 by 10:00 PDT All questions and quotes shall be sent by email only to Mathew.Czeshinski@va.gov. No phone calls will be received.

See CONTINUATION Page X X Mathew B. Czeshinski 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 Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) Network Contracting Office (NCO) 21

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.

www.fsc.va.gov/einvoice.asp http://www.tungsten-network.com/US/en/veterans-affairs/ ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

GL24XGE-RVX-AIOTCG 1U Industrial 19 Chassis (EIA-310) 2 * 150W Redundant Power Supply 90-240VAC (5060Hz) 1 * 54VDC In/Out Stackable 2 * Line Card GL-12xELC 2 * SFP+ Ports (1/10 Ge per port) 2 * 10/100/1000 Ge RJ45 Ports 2 * Power Cable 110VAC 1 * AIOTCG-OSS KEY " Contract Period: Base POP Begin: 06-01-2026 POP End: 05-31-2027 PRINCIPAL NAICS CODE: 334111 - Electronic Computer Manufacturing PRODUCT/SERVICE CODE: 7B22 - IT and Telecom - Compute: Servers (Hardware and Perpetual License Software)

MANUFACTURER PART NUMBER (MPN): N/A

SFP-1/10G-DF-SM-1310-10K1G/10G 1310nm Dual Fiber Single Mode LC 10km

POP Begin: 06-01-2026 POP End: 05-31-2027 PRINCIPAL NAICS CODE: 334111 - Electronic Computer Manufacturing PRODUCT/SERVICE CODE: 7B22 - IT and Telecom - Compute: Servers (Hardware and Perpetual License Software)

DISTRO-ENG Infrastructure orchestration dedicated engineering resources. Provision and validation of distribution and organization configurations. Application of validated configurations upon installation with automated State-Persistence Management and restoration services per item. Dashboard user administration with security policy enforcement. High availability network recovery evaluation. Configuration and validation of 46 * GL-12xE-LC to BT interface. RESTful API Key generation automated key refresh. State-persistence management via automated templating engine.

POP Begin: 06-01-2026 POP End: 05-31-2027 PRINCIPAL NAICS CODE: 334111 - Electronic Computer Manufacturing PRODUCT/SERVICE CODE: 7B22 - IT and Telecom - Compute: Servers (Hardware and Perpetual License Software)

INTERFACE-TECHPlatform integration mount IDF distribution points Fiber and cable deployment for distribution point onboarding Apply configuration to distributionInstall new uplink to IDF-based distributionValidate installations, photo upload to dashboard per IDF, redundancy configurations (RSTP,LACP)

POP Begin: 06-01-2026 POP End: 05-31-2027 PRINCIPAL NAICS CODE: 334111 - Electronic Computer Manufacturing PRODUCT/SERVICE CODE: 7B22 - IT and Telecom - Compute: Servers (Hardware and Perpetual License Software)

FABRIC-INTEROP-KITMaterial category for ethernet/fiber uplinks and BNC/F-connector interoperability hardware for 46* GL-12xE-LC to BT hybrid configuration kit

POP Begin: 06-01-2026 POP End: 05-31-2027 PRINCIPAL NAICS CODE: 334111 - Electronic Computer Manufacturing PRODUCT/SERVICE CODE: 7B22 - IT and Telecom - Compute: Servers (Hardware and Perpetual License Software)

PRO-TRAIN On-site Enablement: 2-day workshop on RESTful API management and dashboard administration.

POP Begin: 06-01-2026 POP End: 05-31-2027 PRINCIPAL NAICS CODE: 334111 - Electronic Computer Manufacturing PRODUCT/SERVICE CODE: 7B22 - IT and Telecom - Compute: Servers (Hardware and Perpetual License Software)

AIO-INFRA-X Annual security updates with rolling release firmware upgrades. API access, configuration repository, management and monitoring. Real time distribution alert notifications for immediate incident response and automated incident workflows. Universal logging for cyber defense detailed event traceability. Multi-tier organizational support structure that segregates responsibilities, enforces least-privilege principles, and streamlines escalations. Annual recurring license for custom RESTful API access and secure system orchestration. Enables interfacing with systems.

POP Begin: 06-01-2026 POP End: 05-31-2027 PRINCIPAL NAICS CODE: 334111 - Electronic Computer Manufacturing PRODUCT/SERVICE CODE: 7B22 - IT and Telecom - Compute: Servers (Hardware and Perpetual License Software)

Packaging and Handling

POP Begin: 06-01-2026 POP End: 05-31-2027 PRINCIPAL NAICS CODE: 334111 - Electronic Computer Manufacturing PRODUCT/SERVICE CODE: 7B22 - IT and Telecom - Compute: Servers (Hardware and Perpetual License Software)

B.3 DELIVERY SCHEDULE

North Las Vegas VA Medical Center 6900 N Pecos Rd North Las Vegas, NV 89086

USA

North Las Vegas VA Medical Center 6900 N Pecos Rd North Las Vegas, NV 89086

USA

North Las Vegas VA Medical Center 6900 N Pecos Rd North Las Vegas, NV 89086

USA

North Las Vegas VA Medical Center 6900 N Pecos Rd North Las Vegas, NV 89086

USA

North Las Vegas VA Medical Center 6900 N Pecos Rd North Las Vegas, NV 89086

USA

North Las Vegas VA Medical Center 6900 N Pecos Rd North Las Vegas, NV 89086

USA

North Las Vegas VA Medical Center 6900 N Pecos Rd North Las Vegas, NV 89086

USA

North Las Vegas VA Medical Center 6900 N Pecos Rd North Las Vegas, NV 89086

USA

Page 1 of Page 1 of

B.4 STATEMENT OF WORK

STATEMENT OF WORK

Veterans Affairs Southern Nevada Healthcare System

1. CONTRACT TITLE: Electronic Infrastructure Upgrade and Programming, Phase 2

REQUIREMENTS/SCOPE: Vendor shall provide and install electronic server switches, connection, and programming management control for this electronic system upgrade. 46 server switches will be brand name and the vendor shall procure, installed and programmed in 20 locations. Connections will be accomplished in IT closets, server racks, between multiple floors and several buildings and be compatible with the existing system. The programming management control will be proprietary to companies who are able to provide tracing, troubleshooting and system monitoring features dedicated to support the medical center’s electronic systems and components. Vendor shall provide training, technical support, service call response and server maintenance or warranty to the specifications of this agreement.

2. ITEMS:

Procure, install and program server switches within 60 days of delivery received.

For 60 days of storage:

· (46) 1U Industrial 19" Chassis (EIA-310) 2 * 150W Redundant Power Supply 90-240VAC (50-60Hz) 1 * 54VDC In/Out Stackable 2 * Line Card GL-12xE-LC 2* SFP+ Ports (1/10 Ge per port) 2 * 10/100/1000 Ge RJ45 Ports 2 * Power Cable 110VAC 1 * AIOTCG-OSS KEY

· (200) SFP-1/10G-DF-SM-1310-10K (Fiber) o 1G/10G 1310nm Dual Fiber Single Mode LC 10km

· Fabric interop configuration kits with Connectors and Cables to complete connections of entire project. Material category for ethernet/fiber uplinks and BNC/F-connector interoperability hardware for 46* GL-12xE-LC to BT hybrid configuration kit

Additional equipment requirement for system integration:

· Dedicated installation support engineering resources. Preparation and validation of distribution and global network configurations. Application of validated configurations upon installation with automated backup and restoration services per item. Dashboard user administration with security policy enforcement. High availability network recovery evaluation.

· Annual security updates with rolling release firmware upgrades. API access, configuration repository, management and monitoring. Real time distribution alert notifications for immediate incident response and automated incident workflows. Universal logging for cyber defense detailed event traceability. Multi-tier organizational support structure that segregates responsibilities, enforces least-privilege principles, and streamlines escalations.

· Warranty and Training

3. SPECIFIC TASKS:

· Install new distribution units with integrated server functionality in the rooms below.

· Configure, program, and label from end-end existing systems with new servers to access data from:

· Overhead Pas, Patient room TVs, Johnson Controls Metasys, Fire Alarm, Automatic Transfer Switches, Tube System, Medical Gases

· Data may only be accessible with valid GL24XGE-RVX-AIOTCG distribution points dashboard RESTful API key

· Vendor to provide emergency and non-emergency response and maintenance to servers.

· Provide all equipment, tools, and resources to be able to execute the following items as depicted in the table below

1U Industrial 19" Chassis (EIA-310) 2 * 150W Redundant Power Supply 90-240VAC (5060Hz) 1 * 54VDC In/Out Stackable 2 * Line Card GL-12xELC 2 * SFP+ Ports (1/10 Ge per port) 2 * 10/100/1000 Ge RJ45 Ports 2 * Power Cable 110VAC 1 * AIOTCG-OSS KEY

1G/10G 1310nm Dual Fiber Single Mode LC 10km

Infrastructure orchestration dedicated engineering resources.

Provision and validation of distribution and organization configurations. Application of validated configurations upon installation with automated State-Persistence Management and restoration services per item. Dashboard user administration with security policy enforcement. High availability network recovery evaluation. Configuration and validation of 46 * GL-12xE-LC to BT interface. RESTful API Key generation automated key refresh. State-persistence management via automated templating engine.

Platform integration mount IDF distribution points. Fiber and cable deployment for distribution point onboarding. Apply configuration to distribution. Install new uplink to IDF-based distribution. Validate installations, photo upload to dashboard per IDF, redundancy configurations (RSTP,LACP)

Material category for ethernet/fiber uplinks and BNC/F-connector interoperability hardware for 46* GL-12xE-LC to BT hybrid configuration kit

On-site Enablement: 2-day workshop on RESTful API management and dashboard administration.

Annual security updates with rolling release firmware upgrades. API access, configuration repository, management and monitoring. Real time distribution alert notifications for immediate incident response and automated incident workflows. Universal logging for cyber defense detailed event traceability. Multi-tier organizational support structure that segregates responsibilities, enforces least-privilege principles, and streamlines escalations. Annual recurring license for custom RESTful API access and secure system orchestration. Enables interfacing with systems.

4. SCHEDULE:

A. After hours are from 4:30pm to 5:30am Pacific Time, Sunday to Saturday. If the contractor wishes to work during normal hours, Monday through Friday 6:00am to 4:30pm, Pacific Time, prior coordination with Point of Contact and/or Designee to attain permission from the Contracting Officer.

B. Service Response times shall be adhered to for ongoing maintenance. See section 11 below.

5. PARTICIPATING FACILITY:

VA Medical Center 6900 North Pecos Road North Las Vegas, NV 89081

6. VA POINT OF CONTACT:

The VA Point of Contact (VA POC) shall provide general instructions and shall be responsible for administrating the contract and ensuring invoices are certified for payment in a timely manner.

7. CONTRACTOR POINT OF CONTACT:

a. Contractor shall designate one employee as the Point of Contact (POC) responsible for administrative matters in the performance of services under this contract. The POC shall have full authority to act for the Contractor on all matters relating to the daily performance of this contract.

b. The POC shall be available by telephone Monday through Friday, between 7:30 a.m. and 4:00 p.m. excluding national holidays during the upgrade period. Emergency technical support must be available 24 hours a day, 7 days a week during the upgrade period.

c. Contractor shall provide the name and telephone number of the person designated as Point of Contact, Alternate Point of Contact, and the name, location and telephone number of the office where normal and emergency service calls are to be placed:

Point of Contact (Full Name):

Telephone Number:

E-mail Address:

Alternate Point of Contact (Full Name):

Telephone Number:

E-mail Address:

Emergency Service Contact Information:

Emergency Service Telephone Number:

8. U.S. GOVERNMENT FURNISHED MATERIALS AND SERVICES:

The contractor shall be responsible for the receipt and handling of all equipment and materials. The contractor shall coordinate proposed delivery areas with the Engineer.

9. CONTRACTOR FURNISHED ITEMS AND SERVICES:

The contractor shall furnish all necessary supplies, fuels, lubricants, solvents, parts, materials, equipment, products, tools, and any other items and services to perform all delivery and pick-up operations required by this statement of work.

The contractor shall provide fully qualified on-site personnel who shall be responsible for the performance of the work. The name of the person and all alternates shall be designated in writing to the Contracting Officer. The project manager shall be on-site during normal work hours and for contingencies requiring work beyond normal work hours. The contractor shall certify in writing that all employees operating equipment are trained and qualified.

10. CONTRACTOR RESPONSIBILITIES:

Contractor Employees. The contractor shall not employ personnel for work on this contract if such employee is identified to the contractor as a potential threat to the health, safety, security, general well-being or operational mission of the installation and its population.

The Contractor shall furnish service manuals and/or test equipment for the performance of this contract. It is the responsibility of the Contractor to bring the appropriate equipment, parts and/or supplies necessary to complete the work as required. The Contractor shall be familiar and follow installation guidelines contained in current technical service manuals for all equipment and subassemblies listed. Manuals shall include but not be limited to schematics, diagrams, written procedures and parts lists.

All work shall be performed, and equipment shall function in conformance with all VA safety standards, manufacturer’s/industry standards, the latest published edition of NFPA-99, FDA, OSHA, Joint Commission, and other applicable national standards. The VA POC may facilitate a copy of VA safety standards to the Contractor upon request.

Contractor personnel shall present a neat appearance and be easily recognized as contractor employees. This may be accomplished by wearing distinctive clothing bearing the name of the company or company ID badge. Contractor field service personnel shall be dressed to present a clean, neat appearance at all times when performing under this contract.

Personnel performing maintenance and repair services must be fully qualified, competent, technicians. “Fully qualified and competent” is defined as factory trained and verified by the Original Equipment Manufacturer (OEM) of the servers proposed.

11. SERVICE RESPONSE TIMES:

The following service response times shall be adhered to for all maintenance. Vendor assumes all costs associated with any service or maintenance performed during or after hours or on the weekends.

a. Callback within one hour for emergency technical service calls made at any time.

b. Response on site within two hours of request for emergency technical service call.

c. Non-emergency on-site technical response shall be within 24 hours of first call for service, Monday through Friday during normal business hours.

d. Non-emergency on-site technical response shall be within 36 hours of first call for service weekend hours and holidays.

12. PERFORMANCE:

a. If performance does not conform to the contract specifications, the VA Healthcare Center’s POC or the Contracting Officer shall require the Contractor to perform the service again to conform to the contract specifications, at no cost to the Government. When the defects in service cannot be corrected by re-performance, the VA Medical facility may require the Contractor to call in a senior technical engineer from the manufacturer or from a different company. The Contractor shall incur and absorb all expenses for consultation outside the Contractor’s organization.

b. Repeated malfunctions of any system component or subsection more than three (3) times within one (1) quarter is not acceptable. The Contractor is responsible for repairing all faulty equipment and identifying the nature and cause of repeated failures. The Contractor in this situation must either:

1. Make repairs in such a manner that the identified problems are corrected to the extent that repeated failures are eliminated.

2. Prove that the equipment is not faulty and an external cause for the problem exists and provide recommendations for resolution.

3. Provide repair services from the original equipment manufacturer at the Contractor’s expense.

13. CHECK-IN AND OUT AT THE VA FACILITIES:

Access to work areas, and performance monitoring, will be provided by the VA POC. After hours response will be monitored by Police Dispatch, 702-791-9000 Extension 19073/4. In all cases, VA Police Dispatch shall be notified of any changes which may affect the response time of vital equipment and contact the POC with updates.

**For repairs or services required on weekends, holidays or after normal working hours, the Contractor’s repairman is required to contact the POC prior to make necessary arrangements. Contractor will check-in and check-out upon arrival and departure at Police Service and with the VA POC, if available, or the on-duty Supervisor of the department.

14. NATIONAL HOLIDAYS:

The Contractor is not required to provide delivery or services on the following National Holidays.

New Year’s Day

Martin Luther King‘s Birthday

President’s Day

Memorial Day

Juneteenth

Independence Day

Labor Day

Columbus Day

Veterans Day

Thanksgiving Day

Christmas Day

When a holiday falls on a Sunday, the following Monday shall be observed as a legal holiday by U.S. Government agencies. When a holiday falls on a Saturday, the preceding Friday shall be observed as a legal holiday by U.S. Government agencies. Also included would be any other day specifically declared by the President of the United States as a National Holiday.

15. PARKING POLICY:

It is the responsibility of Contractor personnel to park only in designated parking areas. Parking information is available from the VA POC or VA Police. The VA shall not invalidate or make reimbursement for parking violations of Contractor's personnel under any circumstances.

16. SMOKING POLICY:

Contractor personnel may not smoke or vape on VA property.

17. ORDERING ACTIVITY:

Contractor shall not accept any instructions issued by any person other than the CO or VA POC acting within the limits of his/her authority.

18. CHANGES TO CONTRACT:

Only those services and items specified herein are authorized. Before performing any service of a non-contractual nature or substitution of any part, Contractor shall advise the CO of the reason(s) and shall not proceed without CO approval.

19. COMPLAINTS:

Contractor shall promptly and courteously respond to complaints within 3 working days. Including complaints brought to Contractor’s attention by the CO. Contractor shall maintain a written record of all complaints, both written and oral showing the identity of the individual, the nature of the complaint, and Contractor’s response. Contractor shall permit the Government to inspect such records upon reasonable notice.

20. BADGES:

All Contractor personnel shall be required to wear company ID badges and displayed above the waist.

21. INVOICE REQUIREMENTS:

a. 2 payments made according to schedule:

b. No advance payments will be authorized.

c. The Government shall pay the Contractor, upon the submission of a properly prepared invoice for prices stipulated in this contract for services and supplies delivered and accepted.

d. Payment of invoices may be delayed if appropriate field service reports are not completed and submitted as specified herein.

e. The invoice shall be itemized to include the following minimum information:

1. Invoice Number and Date.

2. Contract Number.

3. Purchase Order/Obligation Number (to be assigned upon task order award).

4. Date of service.

5. Line item from Schedule of Service associated with each charge.

22. POST AWARD PERFORMANCE CONFERENCE:

The CO may schedule a post-award performance conference with Contractor, if deemed necessary, for contract orientation purposes.

23. SECURITY REQUIREMENTS:

A. Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

B. A prohibition on unauthorized disclosure: "Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA." See VA Handbook 6500.6, Appendix C, paragraph 3.a.

C. A requirement for data breach notification: Upon discovery of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access, the contractor/subcontractor shall immediately and simultaneously notify the VA POC, the designated ISO, and Privacy Officer for the contract. The term 'security incident' means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. See VA Handbook 6500.6, Appendix C, paragraph 6.a.

D. A requirement to pay liquidated damages in the event of a data breach: "In the event of a data breach or privacy incident involving any SPI the contractor processes or maintains under this contract, the contractor shall be liable to VA for liquidated damages for a specified amount per affected individual to cover the cost of providing credit protection services to those individuals." See VA Handbook 6500.6, Appendix C, paragraph 7.a., 7.d.

E. A requirement for annual security/privacy awareness training: "Before being granted access to VA information or information systems, all contractor employees and subcontractor employees requiring such access shall complete on an annual basis either: (i) the VA security/privacy awareness training (contains VA's security/privacy requirements) within 1 week of the initiation of the contract, or (ii) security awareness training provided or arranged by the contractor that conforms to VA's security/privacy requirements as delineated in the hard copy of the VA security awareness training provided to the contractor. If the contractor provides their own training that conforms to VA's requirements, they will provide the VA POC or CO, a yearly report (due annually on the date of the contract initiation) stating that all applicable employees involved in VA's contract have received their annual security/privacy training that meets VA's requirements and the total number of employees trained. See VA Handbook 6500.6, Appendix C, paragraph 9.

F. A requirement to sign VA's Rules of Behavior: "Before being granted access to VA information or information systems, all contractor employees and subcontractor employees requiring such access shall sign on an annual basis an acknowledgment that they have read, understand, and agree to abide by VA's Contractor Rules of Behavior which is attached to this contract." See VA Handbook 6500.6, Appendix C, paragraph 9, Appendix D. Note: If a medical device vendor anticipates that the services under the contract will be performed by 10 or more individuals, the Contractor Rules of Behavior may be signed by the vendor's designated representative. The contract must reflect by signing the Rules of Behavior on behalf of the vendor that the designated representative agrees to ensure that all such individuals review and understand the Contractor Rules of Behavior when accessing VA's information and information systems.

G. Bio-Medical devices and other equipment or systems containing media (hard drives, optical disks, etc.) with VA sensitive information must not be returned to the vendor at the end of lease, for trade-in, or other purposes." See VA Handbook 6500.6, Appendix C, paragraph 5.h., for the specific options.

24. RECORDS MANAGEMENT LANUAGE:

Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. Chapters. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

In accordance with 36 CFR 1222.32, the contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

The VA Southern Nevada Healthcare System (VASNHS) and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of VASNHS or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701.

In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, the contractor must report to VASNHS. The agency must report promptly to NARA in accordance with 36 CFR 1230.

The contractor shall immediately notify the appropriate Contracting Officer (CO) upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to know as described in the contract documents. The contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to VASNHS control or the contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the CO or address prescribed in the contract documents. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

The contractor is required to obtain the CO's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The contractor (and any sub-contractor) is required to abide by Government and VASNHS guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information. The contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with VASNHS policy.

The contractor shall not create or maintain any records containing any non-public VASNHS information that are not specifically tied to or authorized by the contract.

The contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the FOIA.

VASNHS owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which VASNHS shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

Training. All contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA-provided records management training. The contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

Flowdown of requirements to Subcontractors:

36C26125Q0800 36C26125Q0800

The contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this contract document, and require written subcontractor acknowledgment of same. Violation by a subcontractor of any provision set forth in this clause will be attributed to the contractor.

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SECTION C - CONTRACT CLAUSES

C.1 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):

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_252_2 https://www.va.gov/oal/library/vaar/

(End of Clause)

C.2 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)(DEVIATION OCT 2025)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) 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.

(c) 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.

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

(e) 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 FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(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. Examples of occurrences include 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. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(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) 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 that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) 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;

(D) Contractor point of contact; and

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

(5) 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 FAR part 33 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 FAR part 32).

(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 termination for cause.

(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 for interest credits prescribed in FAR part 32 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 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. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. 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 under this contract are…