36C26223Q1183.docx

36C26223Q1183

GENERAL INFORMATION

Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

POINT OF CONTACT*

Hestia Sim Hestia.Sim@va.gov

PLACE OF PERFORMANCE

VA Phoenix Healthcare System

Logistics

650 E Indian School Road

Phoenix AZ

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

This is a combined synopsis/solicitation is set aside for SDVOSB for commercial supplies prepared in accordance with the format in Subpart 12.6, as supplemented with the additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This is a request for quotes under solicitation number: 36C26223Q1183

The Department of Veterans Affairs Phoenix Healthcare System located in Phoenix, AZ 85012 has a requirement for a Fully Automated Weight-Based Inventory Management System for 9 primary and 155 secondary locations. The Contractor shall furnish all supplies/services at The VA Phoenix Healthcare System located in 650 E Indian School Road, Phoenix, AZ 85012.

Shipping included in cost. Installation service is requested. See A.2 Statement of Work for more details.

NOTE: Potential offers must be aware that the items being acquired are procured as Brand Name or Equal. For those items that are “or equal”, a description of the salient characteristics is outlined under A.2 Statement of Work. The FAR Clause 52.211-6 Brand Name or Equal applies to this acquisition. Any items quoted as equal not confirming to the requirements of clause 52.211-6 will be considered non- responsive and not considered for award.

No remanufactures or gray market items will be acceptable. Vendor shall be an Original Equipment Manufacturer (OEM), authorized dealer, authorized distributor or authorized reseller verified by an authorization letter or other documents from the OEM.

The solicitation will be in accordance with FAR Part 12, 13, and 19, Acquisition of Commercial Items, Simplified Acquisition Procedures, Small Business Programs, and Veteran Affairs Acquisition Regulations as supplemented with additional information in this notice. The North American Industrial Classification System (NAICS) code for this requirement is 339112, Size Standard 1,000 Employees. The Contractor shall adhere to all federal and state laws and regulations in effect during the term of this contract. The Government intends to award a firm-fixed-price contract. The Contract begins on the date of award.

Key solicitation milestones are:

Site surveys will be conducted for this project Monday, July 10, 2023, through Thursday, July 13, 2023. Participants will meet at VA Phoenix, 650 E Indian School Road, Phoenix, AZ 85012, Hospital Main Entrance at 08:00 AM PT. Site Survey will take two (2) sessions throughout two (2) days (Monday and Tuesday session (7/10 – 7/11), and Wednesday and Thursday (7/12 – 7/13) session). Each session will end at around 2:00 PM PT. This will allow time to see all primary and secondary locations to include one of the larger Community-Based Outpatient Clinics (CBOC) locations in Scottsdale.

Please email Hestia.Sim@va.gov no later than 10:00 AM PT, July 7, 2023, if you plan to participate in the site survey, so that accommodation can be arranged accordingly.

Submit any questions regarding this procurement via email to Hestia.sim@va.gov no later than 10am Pacific Local Time Friday, July 21, 2023. No questions will be answered after this date/time unless determined to be in the best interest of the Government as determined by the Contracting Officer. Telephonic questions will not be accepted or returned. RFI responses will be responded to as necessary in amendment format which will be posted to contract opportunities at http://SAM.gov.

Due to time constraints, responses to the solicitation shall be due on Friday, August 4, 2023 at 10:00 Pacific Time. Offerors are advised that it is your responsibility to review and monitor the website frequently to ensure you have the most up to date information, including amendments. Correspondence or questions may be directed to Hestia Sim, Contracting Specialist at Hestia.Sim@va.gov with " 36C26223Q1183, Supply Inventory System” in the subject line within 48 hours of release of this notice. Telephone inquiries will not be honored. Inquiries after the allotted period may not be responded to due to the time constraints of the procurement. All offerors must be registered in www.sam.gov to do business with the Government. Ensure your registration is correct, current and has not expired.

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice Section B.7 VAAR 852.219-76 VA Notice of Limitations on Subcontracting – Certificate of Compliance for Supplies and Products on page 30-32 must be completed and signed as a part of the offer/response IAW VAAR 819.7004. Incomplete offer/response will not be considered.

Combined Synopsis/Solicitation Notice

Table of Contents

SECTION A - CONTINUATION OF COMBINED SYNOPSIS

A.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.

Submit invoices electronically through https://portal.tungsten-network.com ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

A.2 STATEMENT OF WORK

1. Background VA Phoenix Healthcare System has used cabinet-based Point of Use (POU) systems to manage inventory levels within our facility’s supply areas. Our facility’s current supply system process relies heavily on clinical staff entering quantities as they pull product. When they fail to enter, or enter incorrect quantities, our process fails. This leads to workload issues, as Supply Techs must be pulled from current duties to perform urgent resupply requests to affected areas. This also presents potential patient safety issues during emergency situations if stock is not available due to inaccurate stock level information. Further, the current supply process is labor- and time-intensive. This is compounded in times of heavy workload due to availability of supply personnel and/or hospital patient load, increasing risks associated with patient care / safety.

VA Phoenix Healthcare System is looking for a fully automated weight-based inventory management system that does not require end users to input data or interface with the system to increase or decrease material items stocked or consumed by the user. The station requires a system that removes or heavily limits the amount of human interface required to maintain accurate and real time inventories. This creates a more accurate and efficient system while simultaneously addressing the patient safety / care concerns mentioned above, eliminating the frequent emergent supply requests created by inadequate inventory management systems.

A fully automated weight-based inventory management system will augment the supply chain’s management effectiveness and timeliness with resupply inventory while decreasing the workload of supply personnel. It will also improve the overall patient care throughout the facility, particularly in the cardiac catheterization and electrophysiology labs, by effectively maintaining appropriate periodic automatic replacement levels.

2. Scope The scope of this requirement is to obtain and install an automated inventory management system at VA Phoenix Healthcare System, ensure system is fully operational, and fully train staff to be knowledgeable on the use of system.

This is a brand name or equal requirement; a Fully Automated Weight-Based Inventory Management System or equal to PAR Excellence. Contractors must provide a brand name or equal that meets or exceeds the physical, functional, and performance of listed characteristics described in this Statement of Work. Contractor must show clear and compelling, and convincing evidence that all equal to items meet all required salient characteristics including brand name and model numbers IAW FAR 52.211-6 Brand Name or Equal. Contractors must validate an approved VA HL7 Interface program that communicates to VA’s Generic Inventory System in VistA.

3. Specific Tasks

3.1. Installation

To supply and install all equipment and parts, to include mounting hardware, if necessary, for a weight-based inventory management system at VA Phoenix Healthcare System located in 650 E Indian School Road, Phoenix, AZ 85012. Installed equipment shall have a one-year full equipment replacement warranty for defects or damage not caused by VA personnel. Installation shall not include disassembly of existing storage devices. Installation shall include costs on any additional equipment required for new inventory management system.

3.2. Hardware and Software

· Install: Install the program and software packages used to add, delete, and edit items stored in the storage/dispensing stations on VA owned desktops or laptop computers at each designated facility. Install software on 1 (one at minimum) VA owned laptop for system set-up and installation. Install and prepare VA-owned server for transmission of information between Contractor and VA for maintenance and monitoring of equipment in use.

· Access: The system shall be accessible from multiple access points throughout the facility. Grant accesses and train VA employees for the program that shall have unlimited user access and provide reports and data mining capability of current inventory including, but not limited to, current stock levels, recommended order levels, and average usage levels. Software must support multiple users with different levels of permissions. The system shall be capable of producing reports in Excel or text delimited format using commercially available software.

· Capabilities Including Physical, Function, and Performance Characteristics: The inventory management system shall have approved VA HL7 Interface program. The system shall produce an accurate real-time perpetual reading of quantities on-hand, accessible on VA provided computers via automated inventory management system software and provide data mining capabilities that shall include at a minimum current stock level, recommended order points, average usage levels per item. The periodic automatic replacement bin System must interface with Generic Inventory Package (GIP). The primary purpose of the interface is to accurately report on-hand quantities in real time for each secondary supply area for restocking purposes, and to identify out of balance on-hand quantities and values between GIP and the periodic automatic replacement system. Periodic automatic replacement system will identify any out of balance on-hand quantities and values, accounting for any due-outs or due-ins. If the out of balance condition is caused by a pending due in or due out, it will be displayed separately to easily identify. Periodic automatic replacement bin due-ins and due-outs will automatically be removed when GIP due-in and due-outs are “cleared”.

· The functional and salient characteristics required:

· Must show equipment Status for communication about system status, including system failures

· Must show Materials Management Status including:

· Open Orders

· Emergency/Critical Item Levels

· Negative Quantities on-Hand

· Must have an Item Locator function

· Must have a Periodic Automatic Replacement (PAR) Level Analysis to advise the levels of inventory the facility needs to maintain in order to fulfill demand, which shall include:

· Current Levels

· Level recommendations by cost and usage demand SKU reduction recommendations

· Items over PAR level

· Stock outs and critical hits Par level value over time

· Must provide Consumption Data including:

· Average monthly usage

· Consumption analysis including time

· Consumption deviation

· Consumption over time

· Must generate reports including:

· Activity detail (sales, receipts, adjustments, etc.) to include date/time of any inventory changes

· Quantity on-hand / Value on-hand

· Department transactions

· Cycle count sheet

· Out of balance with GIP – on-hand

· Due-ins / Due-outs

· Issue multiple discrepancy between GIP and BIN

· Emergency levels indicating low stock warning

· Generated reports must be relevant to APICS Principles of Inventory Management as VA requires all inventory systems communicating to VistA GIP/HL7 to provide reports

· Must show orders

· Existing orders

· Order preview

· Must show items describing:

· Item master / Item history

· Item classification Reconciliation history

· Most recent reconciliation per item

· Must be able to install the weight system compatible with the facility’s current existing storage methods and infrastructure including shelving, cabinets, and carts

· System must be accessible from multiple access points throughout the facility

· Must be accessible on VA provided computers via automated inventory management system software

· Employees must be able to recalibrate for different packaging sizes (10’ vs 12’s)

· Must provide real-time visibility to primaries and secondaries inventory locations (will provide the list as an attachment on the notice)

· Depletion of stock must rigger “pick” tickets based on Periodic Automatic Replenishment (PAR) levels, re-order points, and emergency stock level. All quantity on hand adjustment communication must be sent to GIP package to trigger accurate pick tickets

· Must be capable of tracking, adjusting, and reporting comprehensive perpetual real time information pertaining to the inventory of secondary locations

· Must be able to handle a wide range of medical/surgical products with variations of size, thickness, and weight, including but not limited to minimum scale of band aids, dressings, and maximum scale of large custom packs up to 3 ft long by 2 ft wide with a weight up to 20 pounds

· Must have a training program available for VA staff, which should include but not limited to adding items, removing items, assigning items, editing items, troubleshooting, and reporting functions

3.3. Licensing

One-year license agreement for use of Inventory Management System and related support. Automatic software upgrades of the installed program and software. Web-based program to be available on any computer and/or mobile device for evaluation of inventory levels and reporting purposes, for an unlimited number of users. On premises solutions will be considered.

3.4. Support

Support must include continuous monitoring by means of a minimum of 4 remote checks of equipment functionality by Contractor personnel every 24 hours. Monitoring contractor personnel must provide notification and maintenance support in the event of a problem with equipment or software. Contractor personnel shall respond to service calls no later than 24 hours after being notified of a problem with either equipment or installed software. 24/7x365 service is required. Equipment and related hardware must be repaired and/or replaced within 48 hours of notification of a problem if user/facility is not at fault for damage or defect. Solutions with real time monitoring capable of identifying errors and or equipment problems will be considered.

3.5. Performance Monitoring

Completion of the installation will be verified by COR and/or designated personnel. Functionality and accuracy of the installed equipment will be continuously monitored by Supply Chain Management staff to ensure equipment is functioning properly and providing accurate and timely information for inventory and reordering purposes. Installed equipment and software is monitored by Contractor employees by daily check-ins that shall occur remotely at least 4 times every 24 hours. Contractor support to be provided for any defects or functionality problems by contacting Contractor via email or telephone within time frames designated in Section V. The Contractor will meet (e.g. in person, telephone, etc.) with the COR monthly to address any unresolved issues. Any unresolved and/or continuous issues will be referred to the Contracting Officer for corrective action. On-premises solutions will be considered.

4. Security Requirements Offeror shall identify vendor-owned software and/or programs that have to be installed on VA owned server, laptop, and desktop computer. Other access to vendor website and programs will be permitted by vendor from any desktop computer using the World Wide Web. Contractor personnel performing installation may be required to complete the Department of Veterans Affairs security screening. General Contractor’s employees shall not enter the work area without the appropriate badge. They must present themselves to the facility VA Police for a Contractor’s badge to be worn during the set-up of the system. They may be subject to inspection of their personal effects when entering or leaving the work area.

5. Government-Furnished Equipment (GFE)/Government-Furnished Information (GFI).

The VAMC will furnish a server, laptop, and desktop computer for installation of vendor owned software and related programs need to make the installed equipment operational.

6. Other Pertinent Information or Special Considerations.

Identification of Possible Follow-on Work. Service agreements and license agreements will be maintained and purchased after initial 1-year warranty is no longer effective.

7. Risk Control Employees of contractor responsible for installation and setup will have background check completed or show proof of background check completed no longer than one (1) year ago, from date of award including fingerprint analysis. Contractor employees shall obtain VA badge and wear on their person, above their waist and always visible. Contractor will be installing a supply storage and tracking system in an area under construction. Workers will need to be cognizant of staff movements, sensitive medical equipment, and diverse activities during certain periods of the workday. Installation staff shall have no patient contact or access to sensitive patient information. COR will be available for risk intervention should the need arise.

8. Period of Performance.

Installation to begin no later than 45 days after contract award date. If not, please provide a realistic time for product delivery and installation completion. Installation will be phased by facility and will be at the discretion of the Contracting Officer or Designee (COR). The facility will provide the Contractor a deployment plan, to include time and location of installation. Installation and setup to be completed no later than 90 days after contract award date. This timeline is dependent on the facility meeting a facility required tasks and tollgates, otherwise the timeline will be revised via modification.

A.3 PRICE/COST SCHEDULE

Review the attached ‘VA Phoenix – Primary and Secondary List with Facility Name and Location’ spreadsheet. This spreadsheet includes a total of 9 primary and 155 secondary locations requiring the new fully weight-based supply inventory management system, and total item counts per each location.

For Price/Cost Schedule, complete the attached ‘36C26223Q1183 Line Items’ spreadsheet for each primary/secondary locations for your proposal including but not limited to software license fees, interface development fees, PAR Scale Products or equal product fees, and installation fees. All highlighted columns must be completed for each line items by each location. Or the contractor may submit their own offer/quote including all required (highlighted columns) information for each location.

ITEM INFORMATION

Total Project Cost

A.4 DELIVERY SCHEDULE

For delivery schedule, complete the attached ‘36C26223Q1183 Line Items’ spreadsheet Column H through I per each group location.

36C26223Q1183 As this is a big scale project, the equipment delivery and installation shall be completed by each installation groups, which are indicated on Column C of the ‘VA Phoenix – Primary and Secondary List with Facility Name and Location’ spreadsheet. Installation shall start with all primary locations and then move on o the secondary’s based by location.

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SECTION B - CONTRACT CLAUSES

B.1 52.204-27 Prohibition on a ByteDance Covered Application.

As prescribed in 4.2203(c), insert the following clause:

PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)

(a) Definitions. As used in this clause— Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, “No TikTok on Government Devices” Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M-23-13.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause) B.2 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

(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 Federal Acquisition Regulation (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 FAR 32.608-2 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. 4701 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 PRODUCTS AND COMMERCIAL SERVICES 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:

(End of Addendum to 52.212-4)

B.3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2023)

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

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

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

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

(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

[X] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

[X] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

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

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

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

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

[X] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

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

[] (10) [Reserved] [] (11) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

[] (12) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

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

[] (ii) Alternate I (MAR 2020) of 52.219-6.

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

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

[X] (16) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219–9, Small Business Subcontracting Plan (OCT 2022) (15 U.S.C. 637(d)(4)).

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

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

[] (iv) Alternate III (JUN 2020) of 52.219–9.

[] (v) Alternate IV (SEP 2021) of 52.219–9.

[] (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (ii) Alternate I (MAR 2020) of 52.219-13.

[] (19) 52.219–14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[X] (21) 52.219–27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C. 657f).

[X] (22) (i) 52.219–28, Post-Award Small Business Program Rerepresentation (MAR 2023) (15 U.S.C. 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219–28.

[] (23) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

[] (24) 52.219–30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

[] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[] (26) l(26) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

[] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[X] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (DEC 2022) (E.O. 13126).

[X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (30)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (ii) Alternate I (FEB 1999) of 52.222-26.

[X] (31)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[] (ii) Alternate I (JULY 2014) of 52.222-35.

[X] (32)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

[] (ii) Alternate I (JULY 2014) of 52.222-36.

[X] (33) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[X] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (35)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[] (36) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

[] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[] (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (OCT 2015) of 52.223-13.

[] (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-14.

[] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

[] (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (44) 52.223–18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

[] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[] (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[] (ii) Alternate I (JAN 2017) of 52.224-3.

[X] (48)(i) 52.225-1, Buy American—Supplies (OCT 2022) (41 U.S.C. chapter 83).

[] (ii) Alternate I (OCT 2022) of 52.225–1.

[] (49)(i) 52.225-3, Buy American—Free Trade…