36C26220R0119-001.docx

36C26220R0119 On-Site Diagnostic Medical Physics Support or Service for VA Long Beach Healthcare System

Solicitation #: 36C26220R0119 Offers Due Date: May 19, 2020, 10:00 AM PST Questions/Clarifications Due Date: May 15, 2020 10:00 AM PST

-It is the Offeror’s responsibility to ensure that documents are complete and submission is viewable/ readable and arrives to the CO/CS by the date and time required. Offeror should take into consideration of the delivery response of the mail carrier utilized.

-Any questions are required to be submitted via email by May 15, 2020 10:00 AM PST: ramonalisa.aviles@va.gov

-It is the Offeror’s responsibility to ensure that documents are complete and submission is viewable/ readable and arrives to the CO/CS by the date and time required. Offeror should take into consideration of the delivery response of the mail carrier utilized.

-Any questions are required to be submitted via email by October 04, 2019 10:00 AM PST: ramonalisa.aviles@va.gov

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

05-12-2020 Ramonalisa Aviles 562-766-2255 05-19-2020

10:00AM PST

36C262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

X

811219 $22 Million

N/A

36C600 Department of Veterans Affairs VA Long Beach Healthcare System (VALBHS) 5901 E 7th St

Long Beach CA 90822 36C262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

Contractor shall bill via:

Tungsten Network http://www.tungsten-network.com/us/en/

See CONTINUATION Page

See CONTINUATION Page

600-3600160-071-823700-2580 0100229H6

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 36C262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

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

3. INVOICES: Invoices shall be submitted in arrears:

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

TUNGSTEN-NETWORK:

http://www.tungsten-network.com/US/

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 SCHEDULE OF SERVICES AND PRICE

The Government intends to award one (1) Firm-Fixed Price Contract. Prices in this schedule represent labor, material, supplies, equipment, travel, transportation expenses, other related costs and qualified personnel to provide on-site diagnostic medical physics support or services. Costs not incorporated into the vendor’s price will not be reimbursed by the Government.

ITEM INFORMATION

Grand Total

BASE YEAR: PERIOD OF PERFORMANCE JUNE 9, 2020 THROUGH JUNE 8, 2021

Option Year One (1): PERIOD OF PERFORMANCE JUNE 9, 2021 THROUGH JUNE 8, 2022

Grand Total

Option Year Two (2): PERIOD OF PERFORMANCE JUNE 9, 2022 THROUGH JUNE 8, 2023

Grand Total

Option Year Three (3): PERIOD OF PERFORMANCE JUNE 9, 2023 THROUGH JUNE 8, 2024

Grand Total

Option Year Four (4): PERIOD OF PERFORMANCE JUNE 9, 2024 THROUGH JUNE 8, 2025

Grand Total

B.3 BASE W/OPTION YEAR SCHEDULE

Base Year: June 9, 2020 through June 8, 2021 Option Year 1: June 9, 2021 through June 8, 2022 Option Year 2: June 9, 2022 through June 8, 2023 Option Year 3: June 9, 2023 through June 8, 2024 Option Year 4: June 9, 2024 through June 8, 2025

B.4 STATEMENT OF WORK

1. SCOPE: The Contractor shall furnish all labor, material, supplies, equipment, and qualified personnel to provide on-site diagnostic medical physics support or services for the VA Long Beach Healthcare System (VALBHCS).

2. GENERAL REQUIREMENT: All work shall be performed by a qualified diagnostic medical physicist. A qualified diagnostic medical physicist is a person who is certified by the American Board of Radiology, American Board of Medical Physics, the Canadian College of Physicists in Medicine, or has state licensure.

The Contractor shall comply with radiation protection standards in 29 CFR 1910.1096 and 10 CFR Part 20, as applicable; and immediately report any unsafe conditions with the potential to adversely impact the facility radiation workers or patients to the Radiation Safety Officer (RSO).

The contractor shall provide documentation to the RSO for each physicist to demonstrate that the physicist meets the requirements of a qualified diagnostic medical physicist.

3. PERFORMANCE:

a. Mandatory Services to be Performed

i. The physicist(s) shall perform imaging equipment (x-ray equipment, nuclear medicine cameras, and ultrasound units) inspections to ensure compliance with the current American College of Radiology (ACR); Mammography Quality Standards Act (MQSA); and The Joint Commission (TJC) requirements. Any deficiencies or non-conformances discovered during the inspection shall be verbally or electronically communicated to the service supervisor or RSO within 72 hours of discovery. Deficiencies or non-conformances which represent unsafe conditions with the potential to adversely impact the facility radiation workers or patients shall be reported to the RSO (or designee) immediately (within 15 minutes) upon discovery. A written report (hard copy) of the results shall be provided to the RSO within 30 calendar days after completion of each inspection/evaluation.

ii. The qualified diagnostic medical physicist and staff shall perform, if requested, a follow-up inspection to verify compliance of any necessary corrective action performed to correct deficiencies found.

iii. The contractor shall supply all necessary labor and specialized equipment for conducting the required tests including, but not limited to phantoms and radiation meters/detectors.

iv. Perform and document a radiation area survey in areas adjacent to rooms with x-ray imaging equipment to verify that the areas are below NCRP 147 limits.

v. The equipment to be tested according to SOW: Section M - Equipment Summary per Location.

vi. The annual equipment evaluations are to be completed no later than 14 months after they were lasted successfully tested.

vii. The contractor must be able to provide on-site emergency support and testing within 8 hours of notification.

b. Equipment Inspections: The Contractor shall conduct equipment inspections or quality control surveys of the imaging equipment listed below. The Contractor shall ensure the imaging equipment’s compliance with applicable Federal regulations, ACR recommendations, and TJC; and shall include, but not be limited to, monitoring the following basic performance characteristics.

i. Radiographic and Fluoroscopic Equipment: Physics inspections of radiographic and fluoroscopic equipment shall comply with the ACR Technical Standard for Diagnostic Medical Physics Performance Monitoring of Radiographic and Fluoroscopic Equipment. The performance of each radiographic and fluoroscopic unit must be evaluated at least annually. This evaluation should include, but not be limited to, the following tests (as applicable).

a) Integrity of unit assembly.

b) Collimation and radiation beam alignment.

c) Fluoroscopic system resolution.

d) Automatic exposure control system performance.

e) Fluoroscopic automatic brightness control performance (high-dose-rate, pulsed modes, field-of-view [FOV] variation).

f) Image artifacts.

g) Fluoroscopic phantom image quality.

h) kVp accuracy and reproducibility.

i) Linearity of exposure versus mA or mAs.

j) Exposure reproducibility.

k) Timer accuracy.

l) Beam quality assessment (half-value layer).

m) Fluoroscopic entrance exposure. Maximum output for all clinically used settings.

n) Image receptor entrance exposure.

o) Equipment radiation safety functions.

p) Patient dose monitoring system calibration.

q) Video and digital monitor performance.

r) Digital image receptor performance.

s) Grids used with portable x-ray units shall be imaged for uniformity.

ii. Computed Tomography (CT) Scanners: The physics inspection shall conform to the 2012 ACR Computed Tomography Quality Control Manual and its most recent revisions or addendums. The performance of each CT scanner shall include, but not be limited to, the following tests (as applicable).

a) Review of Clinical Protocols.

b) Scout Prescription and Alignment Light Accuracy.

c) Image Thickness – Axial Mode.

d) Table Travel Accuracy.

e) Radiation Beam Width.

f) Low-Contrast Performance.

g) Spatial Resolution.

h) CT Number Accuracy.

i) Artifact Evaluation.

j) CT Number Uniformity.

k) Dosimetry (the scanner displayed CTDIvol values must be within +/- 20% of the measured CTDIvol values).

l) Gray Level Performance of CT Acquisition Display Monitors.

m) Measure the CTDIvol produced for the adult brain, adult abdomen, and adult chest protocols

iii. Magnetic Resonance Imaging (MRI): The physics inspection shall conform to the 2004 ACR Magnetic Resonance Imaging Quality Control Manual. The performance of each MRI scanner shall include, but not be limited to, the following tests (as applicable).

a) Magnetic field homogeneity.

b) Geometric accuracy.

c) Inter-slice RF interference.

d) Slice position accuracy.

e) High-contrast resolution

f) RF coil performance.

i. Volume coils’ signal-to-noise ratio

ii. Volume coils’ image uniformity

iii. Volume coils’ ghosting ratio

iv. Phased array coils' signal-to-noise ratio

v. Surface coils’ signal-to-noise ratio

g) Slice thickness accuracy

h) Low-contrast detectability

i) Soft copy displays

j) Technologist’s QC program

k) Site phantom inventory

l) Site RF coil inventory

iv. Positron Emission Tomography (PET): The physics inspection shall conform to the ACR PET Phantom Instructions for Evaluation of PET Image, ACR Nuclear Medicine Accreditation Program PET Module. The performance of each PET scanner shall include, but not be limited to, the following tests (as applicable).

a) Uniformity

b) Spatial resolution

c) SUV analysis

v. Dental: The physics inspection shall conform to the Conference of Radiation Control Program Directors (CRCPD), Quality Control Recommendations for Diagnostic Radiography Volume 1 Dental Facilities July 2001. The performance of dental x-ray inspections shall be annually or every 2 years. This evaluation should include, but not be limited to, the following tests (as applicable).

a) Collimation.

b) Beam quality (half value layer)

c) Timer Accuracy and Reproducibility

d) kVp Accuracy and Reproducibility

e) mA or mAs Linearity

f) Exposure Reproducibility

g) Entrance Skin Exposure Evaluation

h) Technique Chart Evaluation.

i) Image uniformity (artifact evaluation)

vi. Mammography: The qualified diagnostic medical physicist and/or staff inspecting mammography equipment must meet the qualifications outlined in the MQSA and shall provide the facility with up-to-date documentation demonstrating the qualified diagnostic medical physicist and/or staff is MQSA qualified. Inspections of mammography equipment must comply with the latest requirements posted on the ACR Web site for the manufacturer of the digital mammography unit being inspected. Inspection items may include:

a) Mammographic Unit Assembly Evaluation

b) Collimation assessment

c) Artifact evaluation

d) kVp accuracy and reproducibility

e) Beam quality assessment – HVL measurements

f) Evaluation of system resolution

g) Automatic Exposure Control (AEC) function performance

h) Breast entrance exposure, AEC reproducibility, and average glandular dose

i) Radiation output rate

j) Phantom image quality evaluation

k) Signal–to–noise ratio and contrast–to noise ratio measurements

l) View box luminance and room illuminance

m) Review Work Station (RWS) tests

vii. Nuclear Medicine: The physics inspection shall conform to the ACR annual performance tests for nuclear medicine cameras. The performance of each nuclear medicine scanner shall be at least annually. This evaluation should include, but not be limited to, the following tests (as applicable).

a) Intrinsic Uniformity

b) System Uniformity

c) Intrinsic or System Spatial Resolution

d) Relative Sensitivity

e) Energy Resolution

f) Count Rate Parameters

g) Formatter/Video Display

h) Overall System Performance for SPECT

i) System Interlocks

viii. Ultrasound - The physics inspection shall conform to the ACR performance tests for ultrasound as described in the most current revision of ACR TECHNICAL STANDARD FOR DIAGNOSTIC MEDICAL PHYSICS PERFORMANCE MONITORING OF REAL TIME ULTRASOUND EQUIPMENT. On an ongoing basis (at least annually), the following tests should be done for each ultrasound unit. Testing should be done using two transducers commonly used with any unit employing more than one transducer. Data should be taken from testing of the transducers which are used for the most frequently occurring examination(s) at the site. It is recommended that these be of different scan formats such as one linear (or curvilinear array), and one sector (mechanical, phased, or vector). Qualitative evaluations of Doppler functionality shall also be conducted.

a) System Sensitivity/Penetration This test should be done with the following settings:

· maximum transmit power

· proper receiver gain and TGC that allows echo texture to be visible in the deep region

· transmit focus at the deepest depth The maximum depth of visualization is determined by comparing the gradually weakening echo texture to electronic noises near the bottom of the image.

b) Image Uniformity Adjust the TGC controls and other sensitivity controls to obtain an image as uniform as possible and evaluate for:

· vertical or radially oriented streaks

· dropouts

· reduction of brightness near edges of the scan

· brightness transitions between focal zones

c) Electrical and Mechanical Safety and Cleanliness

· Are all cords and cables intact (no frays)?

· Are all transducers intact without cracks or delamination?

· Are the transducers cleaned after each use?

· Are the image monitors clean?

· Are the air filters clean?

· Are the wheel locks in working condition?

· Are the wheels fastened securely to the US unit and do the wheels rotate easily?

· Are all accessories (VCR, cameras, etc.) fastened securely to the US unit?

d) Gray Scale Photography (if applicable) – Do either (1), (2), or (3).

(1) For Scanners with a Discrete Bar Pattern Count the number of distinct gray bar steps on the viewing monitor. Then count the number of steps visualized in the gray bar on the hard copy image.

(2) For Scanners with a Continuous Gray Bar Pattern Use calipers to measure the length of the black-to-white transition of the gray wedge on the viewing monitor. If the relative length of the black-to-white transition on the hard copy image is less, document how much is missing.

(3) For Laser Imager (Hard Copy Device) Prior to filming any images, an SMPTE test pattern created by the Society of Motion Picture and Television Engineers (SMPTE), should be printed using the appropriate window width (WW) and window level (WL). If you are unfamiliar with this procedure, you should review Gray et al., “Test pattern for video display and hard-copy camera,” Radiology 145:519-527 (1985), and then contact your local service engineer for assistance. When printed, the 95% density patch within the 100% square and the 5% density patch within the 0% square should be visible, and there should be no notable distortions or artifacts present. If these criteria are not met, contact your service engineer for laser camera calibration before proceeding with any filming.

e) Hard Copy Output Quality Test (Digital) (if applicable) This test, or a similar test specifically recommended by the hard copy equipment manufacturer.

Required Test Equipment

· Densitometer

· SMPTE Test Pattern or another similar test pattern or phantom image having a wide range of gray scales.

The same test image should be used each time.

ix. Equipment Summary: The current inventory of machines to be tested is summarized in this section. The numbers may slightly increase or decrease during the performance period.

All of the equipment is located at:

Tibor Rubin VA Medical Center (VA Long Beach Healthcare System), 5901 East 7th St. Long Beach, CA 90822, except for one radiographic unit at Santa Ana Veterans Medical Clinic, 1506 Brookhollow Rd. Santa Ana, CA 92705 and one radiographic unit at 10330 Pioneer Blvd., Suite 180, Santa Fe Springs, California

4. PARTICIPATING FACILITY:

VA LONG BEACH HEALTHCARE SYSTEM

5901 E 7th St.

Long Beach, CA 90822

5. HOURS OF WORK: This contract is a full-service contract to include all necessary scheduled service calls five (5) days per week, Monday through Friday, 8:00 am – 4:30 pm, excluding National holidays.

Schedule with Government Point of Contact (POC) 48 hours in advance prior to start of work.

Any service performed during other than normal work hours must have prior approval and coordinated with the Government POC or Contracting Officer (CO).

Scheduling: After hours work may be necessary when clinical demands for the equipment are present during normal business hours. Fluoroscopic testing of the radiation protection garments will be performed from approximately 5 pm to 7 am due to the high number to be tested and limited availability of the testing equipment. The contractor is required to be on-site to complete testing on machines on an emergent basis within four (4) hours of being contacted.

NATIONAL HOLIDAY:

If the holiday falls on a Sunday, the following Monday will be observed as a National holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a National holiday by U.S. Government Agencies, and any day specifically declared by the President of the United States of America.

6. OVERTIME & HOLIDAY PAY: Any overtime and/or holiday pay that may be entitled to the Vendor’s employees shall be the sole responsibility of the Vendor and shall not be billed to nor reimbursed by the Government.

Vendor will bill and be paid for actual services provided by Vendor personnel. Vendor will not be paid for “availability” or “on-call” services unless otherwise provided herein.

7. QUALIFICATION: Personnel performing maintenance and repair services must be fully qualified, competent Field Service Engineers (FSE) who has been trained to perform work on the specific equipment in accordance with the original manufacture’s maintenance/ repair procedures. “Fully qualified” is defined as factory-trained or equivalent and experienced to work on the equipment assigned.

Vendor shall conform to following standards, policies, regulations, governing agency, and any other local, state, or Federal guidelines that are not listed here.

OSHA Regulations, www.osha.gov NFPA, www.nfpa.org

8. SERVICE: Service shall include software updates (if applicable) needed for the general operation of the equipment. At the completion of maintenance and repair on each equipment and ensure upon departure that the equipment is in optimal working condition. No changes will be made without the Government POC consent.

Service also includes all necessary intervening service calls required to replace any worn or defective parts needed due to instrument failure and maintain equipment in optimum operating condition. Intervening services shall be rendered as directed by the Government POC. Any call back for service request for the same type of malfunction shall be at no charge to the Government.

Prior to working, ALL energy sources (electrical, water, etc.) shall be locked and tagged out, and upon completion of work, will be re-energized and verified.

Vendor will not damage existing infrastructure and/or healthcare system property/spaces (e.g., surfaces, stairwells, corridors, panels, walls, elevators, service areas, floors, carpet, road, pavement, etc.), including but not limited to, duct work, door frames, doors, electrical work, conduit, low voltage conductors, piping, CAT V cable, drywall, flooring, ceiling, plumbing work, lighting, and/or blocking ingress/egress routes. Damage to government property may result in additional action.

9. INTERVENING SERVICE CALL: When repairs are needed between regular scheduled service, such repairs are rendered as directed only by the Government POC or the CO.

These repairs shall be verbally directed to the Vendor’s employees, requested in writing, be transmitted electronically, by telephone, or any manner consistent with accepted commercial business practices.

10. ADDITIONAL REQUIREMENT:

Vendor shall ensure all equipment is in optimal working condition at the expiration date of the contract.

Vendor personnel that perform changes, updates, or retrofits made on any component, system, or equipment will log it in the station equipment manual.

Vendor shall perform work in accordance with existing, relevant standards and codes to minimize the possibility of injury to personnel, damage to government property/equipment.

Vendor shall conform to the following standards, policies, regulations, governing agency, and any other local, state, or Federal guidelines that are not listed here. Vendor will coordinate with the local VALBHS GEMS Coordinator.

11. LABELING: Vendor personnel will utilize Government provided tags to affix to every completed service/ repair equipment.

· Information on tag will be as follows:

· Date of service

· Type of service

· And any other pertinent information

12. REPORTING: All service reports submitted to any of the VA stations shall, at a minimum, contain a detailed description of any services or repairs performed for each item of equipment. The report shall also include a list of replacement parts, when applicable, safety checks, performance data, and the date, along with any Vendor recommendations necessary to maintain the equipment in optimum operating condition. Service Technician shall document and report to the using service and Government POC, any unsafe condition concerning this medical equipment or signs of misuse or neglect. Service Technician shall document the field service report all findings of problems and their correction, including all performance verification. The service report must be legible and signed by the Government POC, after the Service Technician has demonstrated to the Government POC and the equipment user that the equipment is in proper operating condition and meets manufacturer’s specifications.

13. GENERAL INFORMATION

VENDOR’S PROGRAM MANAGER: The Vendor shall provide a Program Manager who shall be responsible for managing the performance of work. The name of this person shall be designated in writing to the Contracting Officer. The Vendor’s program manager shall have full authority to act for the Vendor on all matters relating to daily operations of this contract.

Name:

Address:

Phone No.:

Fax No.:

Email:

VENDOR EMPLOYEES: The Vendor shall not employ any person for work on this contract if such employee is identified to the Vendor as a potential threat to the health, safety, security, and general well-being of the public.

Both the check-in and check-out procedures for all VA stations are mandatory and shall be strictly enforced.

Prior to start of job, all personnel shall have a valid VALBHS PIV badge flash badge.

Prior to work each day, workers or a designated lead or supervisor are/is to check in with the Graphics Control in the plant.

PARKING: It is the responsibility of Vendor personnel to park only in designated parking areas. Not every VISN 22 facility to be serviced under this contract will have on-site parking available for vendor personnel. The Vendor shall make alternate arrangements for its personnel to park off-site if motor vehicles are required to access those facilities. Parking information is available from the VA Police & Security Service Office. The VA will not invalidate or make reimbursement for parking violations of the Vendor's personnel under any circumstances. The Vendor assumes full responsibility for any parking violations

SMOKING: SMOKING IS PROHIBITED ON VA PROPERTY, ITEMS TO INCLUDE:

Cigarettes, Cigars. Pipes, any other combustion of tobacco, or non-Federal Drug Administration (FDA) approved electronic nicotine delivery systems (ENDS), electronic/e-cigarettes, vape pens, or e-cigars.

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

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

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

Evaluation of options under FAR 52.217-8 will be accomplished by using the prices offered for the last option period to determine the price for a 6-month option period, which will be added to the base and other option years to arrive at the total price. Evaluation of options will not obligate the Government to exercise the option(s).”

(End of Clause)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause)

C.4 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (MAR 2000)

(a) Definition. “Small business concern,” as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not…