36C26319Q0412-001.docx

36C26319Q0412

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

656-19-3-043-0009 36C26319Q0412 05-16-2019 David A. Raad 605-720-6851 05-24-2019

5:00 PM MST

36C568 Department of Veterans Affairs Network 23 Contracting Office (NCO 23) 113 Comanche Rd.

Fort Meade

SD

57741 David A. Raad david.raad@va.gov X X Y 541690 $15 Million X N/A X 36C656 Department of Veterans Affairs

VAMC ST CLOUD

4801 Veterans Drive St. Cloud

MN

56303 36C568 Department of Veterans Affairs Network 23 Contracting Office (NCO 23) 113 Comanche Rd.

Fort Meade

SD

57741

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin

TX

78714-9971 X See CONTINUATION Page This solicitation is to provide service to VAMC St. Cloud, St. Cloud, Minnesota See attached Statement of Work, Certified Medical Physicist/ Radiation Safety Officer, base year plus 4 option years.

Note block 30 - this document must be signed and returned to the Contracting Officer by the Offer Due Date in order to be considered. Email ALL required and completed documents to: David Raad at david.raad@va.gov Solicitation will close at 5:00 PM MST on May 24, 2019 656-3690160-043-822200 Diagnostic Radio- 2580 Non-Medical Contracts \T\ A-010022200 656-19-3-043-0009 X X X Pamela P. Phillips 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 36C263 Pamela P. Phillips Department of Veterans Affairs Network 23 Contracting Office (NCO 23)

113 Comanche Rd.

Fort Meade SD 57741

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

3. INVOICES: Invoices shall be submitted in arrears:

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

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

VA ST. CLOUD HEALTH CARE SYSTEM (SCVAHCS)

Medical Services for Certified Medical Physicist/Radiation Safety Officer

RADIATION SAFETY SERVICES

BACKGROUND:

The service of a Certified Medical or Health Physicist to provide on-site annual, and as needed, performance evaluation of imaging equipment and Radiation Safety Officer (RSO) services for the St. Cloud VA Health Care System (SCVAHCS) in St. Cloud, Minnesota. Radiation Materials Licensing is a requirement.

OBJECTIVES:

The SCVAHCS is seeking a solution to provide Radiation Safety services to fulfill the Radiation Materials Licensing requirement as specified by the National Health Physics Program (NHPP).

QUALIFIED PERSONNEL:

All Radiation Physicists performing services under this contract shall be board certified Medical/Health Physicist from one of the following boards: American Board of Radiology, American Board of Health Physicists or American Board of Medical Physicists. Certification must be maintained throughout the contract performance period. Personnel must also have experience in Hospital Medical Physics and be familiar with Minnesota and VA regulations. The personnel will be identified in the proposal and shall be considered key personnel as essential for the successful completion of the work performed. Any changes to the assignment of personnel must be communicated to the Contracting Officer Representative (COR) and Imaging Supervisor at least 5 days before new personnel will visit the SCVAHCS. Proposed Physicist must be approved by the NHPP program to function as a Radiation Safety Officer (RSO) on the SCVAHCS Radiation Materials License.

SCOPE OF WORK:

RSO must perform radiation safety surveys within SCVAHCS facilities to ensure compliance with the current Nuclear Regulatory Commission (NRC), American College of Radiology (ACR) and National Health Physics Program (NHPP) as required.

RESPONSIBILITIES:

The Medical Physicist/Radiation Safety Officer is responsible to:

· Annual performance evaluation and radiation safety for x-ray equipment

· Annual performance evaluation of MRI, CT, Dexascan and Fluoroscopy equipment

· Perform hazards testing

· Assist with operationalizing radiation safety procedures to include periodic review standards that conform with regulations, VA requirements, and good radiation safety and medical physics practices

· instruct personnel in regulatory requirements and proper radiation protection practices

· ensure the performance of radiation surveys, room shielding inspections, equipment testing and calibrations where indicated, and to keep records of such tests and surveys, including summaries of corrective measures recommended and/or instituted

· assure that personnel monitoring devices are used where indicated, that records are kept of the results of such monitoring, and to review the monitoring reports promptly to ensure that personnel doses do not exceed regulatory limits and are ALARA

· assure that required signs and notices are properly posted

· Assist with of study of known or suspected cases of excessive or abnormal radiation exposure, to determine the cause(s), steps to prevent its recurrence, and assist with completion of required remedial reports

· Able to provide 24 hour/365 day coverage for Radiation Safety emergencies

· Assist with operationalization of a Radiation Protection Program (RPP)

· Ensure that radiation safety activities are being performed in accordance with approved procedures and regulatory requirements

· Ensure quality control programs are working effectively and follow the local, state, national regulations.

· Ensure local guidelines and policies for the safe, effective use of diagnostic x-ray equipment are established by the Health Care System’s Radiation Safety Committee.

· Help identify and assist in remediation of radiation safety problems

· Recommend or provide corrective actions for identified safety problems

· Verify implementation of corrective actions

· Provide immediate notification of any identified unsafe practices

· Notify management of radiation safety problems, unsafe operations, and corrective actions

· Participate in radiation safety quarterly calls and make recommendations as needed

· Ensure appropriate documentation is executed and available; RSO will provide a summary of major activities/tasks performed, including recommended corrective actions and consultations

· Be available for contact by facility staff per regulations and license conditions

Provide Recommendations

· Inventory of survey meters, fixed/portable diagnostic & therapeutic x-ray devices, and ensures that quality controls are implemented including periodic surveys for exposure, calibration, linearity studies, safety equipment, and storage.

• Coordinate with the SCVAHCS Imaging and BioMed department to assure annual hazard testing, and newly installed equipment and shielding acceptance testing is performed. This includes review of testing results and implementation of any corrections and/or recommendations.

• Communicate with the facility Chief of Staff (COS), Chief of Imaging, Imaging Supervisor, and Administrative Officer to COS (Contracting Officer Representative - COR).

· Facility dosimetry program from a National Voluntary Laboratory Accreditation Program (NVLAP) certified vendor for occupational exposure to ionizing radiation including monthly additions, collection, evaluation, reporting, distribution, and deletion of personal monitoring devices. Provides oversight of the personnel monitoring program and eliminating/reducing or controlling exposure to radiation hazards.

· Instruction and consultation to personnel in Imaging, and support services who work or frequent nearby restricted areas where ionizing radiation is authorized.

· Conduct onsite Annual Imaging Audits of the Imaging department: General X-Ray, Dexascan, CT, MRI and Fluoroscopy to include quality control, and quality assurance

MEDICAL PHYSICIST/RSO DUTY SPECIFICTIONS

Annual Performance Evaluation of Imaging Equipment

· Annual performance evaluation and radiation safety of x-ray equipment

· Annual performance evaluation of Computed Tomography (CT) equipment to include, but not limited to, the use of phantoms to assess the following imaging metrics:

· Image uniformity

· Scout prescription accuracy

· Alignment light accuracy

· Table travel accuracy

· Radiation beam width

· High contrast resolution

· Low contrast detectability

· Geometric or distance accuracy

· CT number accuracy and uniformity

· Artifact evaluation

· Annual performance of Magnetic Resonance Imaging (MRI) equipment to include, but not limited to, the use of phantoms to assess the following imaging metrics

· Image uniformity for all radiofrequency (RF) coils used clinical

· Signal to noise ratio (SNR) for all coils clinically

· Slice thickness accuracy

· Slice position accuracy

· Alignment light accuracy

· High contrast resolution

· Low contrast resolution (or contrast to noise ratio)

· Geometric or distance accuracy

· Magnetic field homogeneity artifact evaluation

· Annual performance of Fluoroscopy equipment to include, but not limited to the assessment of the following:

· Beam alignment and collimation

· Tube potential/kilovolt peak (kV/kVp) accuracy

· Beam filtration (half-value layer)

· High-contrast resolution

· Low-contrast detectability

· Maximum exposure rate in all imaging modes

· Displayed air-kerma rate and cumulative-air kerma accuracy (when applicable)

· Testing of image acquisition display monitors for maximum and minimum luminance, luminance, uniformity, resolution, and special accuracy.

· Provide a report of all survey findings for each equipment/device for use as a permanent record in a format acceptable to all regulatory agencies and The Joint Commission (TJC).

· Calculate and provide patient exposure levels in accordance with the recommendation of FDA’s Center for Devices and Radiologic Health (CDRH) and the rules of the TJC.

· Provide a Shielding Plan/Evaluation (per the State of Minnesota) including a report for new x-ray rooms added during base/option periods.

· Provide availability to discuss radiation safety by telephone and/or email.

· Equipment will be inspected on an annual basis and as needed.

Action or Trigger Levels

Provide expert knowledge and experience for advising and recommending investigation levels for:

• Personnel exposures

• Area surveys: dose rate and contamination

As Low as Reasonably Achievable (ALARA)

• Inform/instruct management, committees, and staff of ALARA regulatory/license requirements

• Inform/instruct workers of licensee/management commitment to ALARA

• Investigate deviations from ALARA practices for cause, and recommend action plans

Audits/Reports/Reviews

• Review (at least annually) the RPP content and make recommendations

· Onsite Annual Imaging Audits of the Imaging department: general x-ray, dexa, CT, and Fluoroscopy to include recommendations for quality control

• Audit (at least semiannually) the RPP and the ALARA program; document and report results to management

• Review (quarterly) occupational doses and prepares a summary report including individuals exceeding trigger levels and regulatory limits

• Audit (at least annually) the adequacy of procedures for preventing medical events; including, written directive compliance and patient identification

• Review incidents involving ionizing radiation with respect to cause and subsequent actions taken

• Report and notification of a medical event per regulation

• Report and notification of an unintended dose to an embryo/fetus or a nursing child that exceeds the regulatory limits

• Annually review and update of the EPA’s National Emission Standards for Hazardous Air Pollutants (NESHAPs), if required.

• Annually review and update of the Fluoroscopy Safety Program including ALARA, shielding surveys, inventories, and equipment, calibration, and performance testing, quality management program; policies, procedure and written directives

• Annually review and update of OIG checklist on quality control, quality assurance

• Annual onsite safety audit of surgery and dental department radiation practices

• Participate in quarterly Radiation Safety meeting conference calls

• Review quarterly MRI quality control documents and sign

Facility Designation, Design, and Shielding

• Identify addresses and areas of use

• Identify restricted, unrestricted, and controlled areas

• Consult on facility design and shielding

Instruction of Workers

• Instruct workers likely to receive >100 mRem/year

• Provide an annual review and summary of the radiation safety program to the Radiation Safety Committee.

• Provide Annual Radiation safety training, which includes a radiation safety PowerPoint, and test for staff and personnel commensurate with risk of exposure to ionizing radiation from use of fluoroscopy, or x-rays covering the local, state, and federal regulations

• Instruct supervised staff in radiation protection and radiation protection revisions before implementation, including:

• Individuals of exceeding the regulatory dose limits

• Report and notification of a medical event per regulation

• Report and notification of an unintended dose to an embryo/fetus or a nursing child that exceeds the regulatory limits

• Operating procedures

• Department of Transportation (DOT) training

• Declared Pregnant Woman (DPW) regulations

• Notification of RSO

• Regulations and license conditions

• Written directive procedures

• Where do I wear my radiation badge training

• Maintain a current license, submit amendment, and renewal requests in a timely manner

• Develop, distribute, and assist in operationalizing of up-to-date RPP procedures

Machine Registration/Calibration

• Maintain current machine registrations

• Assure that calibration and testing are performed per regulations and/or license conditions and according to professional standards of good practice

Medical Events

• Review and advise on written procedures to prevent medical and other addressable events

• Investigate medical events as to cause(s); consult and advise with management on appropriate corrective action(s)

• Report medical events to management and to regulatory authorities per regulations Patient Protection

• Establish dose calibrator calibration and quality control procedures per regulations

• Perform dose calibrator calibration and quality control procedures

• Establish prescribed dosage list (AU approved)

• Assay and record patient dosages

• Advise on policies for identifying pregnant patients

• Perform fetal dose measurements/estimations

• Assist in development of appropriate guidelines and policies per approved criteria/regulations

• Provide patient radiation safety instructions

Personnel Monitoring

• Establish a system to ensure that monitors are worn and returned in a timely manner, including:

• Advise on who and when individuals should be monitored

• Advise on where and how personnel monitoring devices shall be worn

• Advise on the use of personnel monitoring devices

• Establish a bioassay program consistent with regulatory requirements and use, if required

• Perform and record bioassay measurements, if required

• Interpret the results of personnel monitoring and bioassay measurements, if required

• Advise the staff of their personnel monitoring and bioassay results, if required

• Assist in study of doses exceeding trigger levels as to cause

• Provide annual written reports to badge wearing staff

• Provide written dose reports to staff who are separated from the facility

Post/Reference Documents and Notices

Post or reference:

• Applicable rules or regulations

• Post Notices of radiation effects in Imaging department

• Notice to Employees

Posting and Labeling

Post or label:

• Doors and/or rooms and areas

Pregnant Workers

• Review previous occupational doses

• Advise worker on dose reduction

• Discuss Declared Pregnant Woman (DPW) status

• Monitor monthly doses

• Modify DPW job functions as necessary to keep conceptus dose below regulatory limit

Radiation Accidents

• Attend institution’s radiation accident committee and advise as necessary

• Advise on the design of the radiation accident response plan

• Assist in the response to radiological accidents or emergencies

Records

• Provide a record system to help assure that the appropriate records are maintained in accordance with applicable Regulations.

Surveys and Survey Instruments

• Surveys for ambient radiation exposure rate

• Radiation survey instrument calibrations

Management Skills

• Interact effectively with medical facility staff

• Present radiation safety information in a clear manner

• Organize and maintain a record keeping system

• Interact with regulatory agencies.

RSO Authority

The RSO will be provided sufficient authority to:

• Provide implementation guidance based on written RPP

• Identify radiation safety problems

• Recommend, or provide corrective actions verbally and/or in writing

• Provide immediate feedback regarding any unsafe operations

• Follow-up on any unsafe practice/procedure to ensure corrective actions were taken within the applicable State or Federal regulatory guidelines

QUALITY CONTROL:

Work performed under this contract shall be subject to evaluation by the Contract Officers Representative (COR) in accordance with the contract terms and conditions.

PLACE(s) OF PERFORMANCE:

VA St. Cloud Health Care System 4801 Veterans Drive St. Cloud, MN 56303

PERIOD OF PERFORMANCE:

Period of Performance will be one year post award with four (4) option periods.

EQUIPMENT:

Contractor shall furnish all labor, material, supplies, equipment and qualified personnel to provide on-site Radiation Physicist services and Radiation Safety Officer services at the St. Cloud VA in accordance with the terms and conditions stated herein. The St. Cloud VA HCS will provide a person to operate the equipment and be present during the inspection.

TRAVEL:

Travel expenses will be covered under the contract.

SPECIAL REQUIREMENTS:

The work shall be performed during the St. Cloud VA Health Care System (SCVAHCS) regular administrative working hours of 8:00 AM through 4:30 PM, Monday through Friday excluding Federal Holidays. However, there may be times when the Contractor could be needed after regular working hours.

Any other day specifically declared by the President of the United States to be a Federal Holiday.

Provision of 24 hour on-call services a day, 7 days a week, of contractor Certified Health Physicist or Medical Physicist (Radiation safety officer) respond to emergency situations within one (1) hour by phone and on-site within 8 hours if requested.

Physicist must be approved on Radiation Materials License by NHPP.

Change of times or dates of survey visits must be coordinated with the above-mentioned department at least two weeks in advance.

Provide written report of results to Imaging Supervisor or designee within ten (10) working days of performance of the survey

GENERAL PROVISIONS:

· Services will be provided at the St. Cloud VA Health Care System (VAHCS), 4801 Veterans Drive, St. Cloud, Minnesota 56303-2099, and Brainerd Community Based Outpatient Clinic (CBOC), 722 NW 7th Street, Brainerd, Minnesota 56401.

· Services will be provided at SCVAHCS during the hours of 8:00am – 6:00pm, Monday through Friday, excluding Federal Holidays. Services will be provided the Brainerd CBOC during the hours of 8:00am-4:30pm, Monday through Friday excluding Federal Holidays. Inspection dates and times will be mutually agreed upon and established. Policy reviews may be provided via electronic means and submitted for recommendation.

· Contractor staff performing inspection will be subject to a background investigation and must receive a favorable adjudication from the VA Security Center (VSC). If security clearance is not completed prior to the start of the contract, the Contractor will be responsible for the actions of those individuals they provide to perform services for the VAHCS.

· The position sensitivity has been designated as low sensitivity. The level of background investigation is a National Agency Check with Written Inquiries. The level of risk associated with the contracted employee position is equivalent to the level required of a VA Employee working in such a position.

· Contractor staff performing inspections will complete and sign VA’s National Rules of Behavior and Privacy Policy training prior to performing inspections.

· Vendor will provide equipment calibration records for all equipment used to test equipment.

· VA may increase the number of equipment items or test covered under this contract at no change to the applicable contract price schedule.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Annual physicist testing of Imaging/Dental equipment.

Contract Period: Base POP Begin: 06-01-2019 POP End: 05-31-2020

Option Year, Annual physicist testing of Imaging/Dental equipment as per the Statement of Work Contract Period: Option 1 POP Begin: 06-01-2020 POP End: 05-31-2021

Option Year, Annual physicist testing of Imaging/Dental equipment as per the Statement of Work Contract Period: Option 2 POP Begin: 06-01-2021 POP End: 05-31-2022

Option Year, Annual physicist testing of Imaging/Dental equipment as per the Statement of Work Contract Period: Option 3 POP Begin: 06-01-2022 POP End: 05-31-2023

Option Year, Annual physicist testing of Imaging/Dental equipment as per the Statement of Work Contract Period: Option 4 POP Begin: 06-01-2023 POP End: 05-31-2024

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

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

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

(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:

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 Calendar Days.

52.217-8 ADDENDUM:

For the purposes of the award of this Contract, the Government intends to evaluate the option to extend services, provided under FAR 52.217-8, as follows: The evaluation will consider the possibility that the option can be exercised at any time, and can be exercised in increments of one to six months, but for no more than a total of six months during the life of the contract. The evaluation will assume that the prices for any option exercised under FAR 52.217-8 will be at the same rates as those in effect under the contract. The evaluation will therefore assume that the addition of the price or prices of any possible extension or extensions under FAR 52.217-8 to the total price for the basic requirement and the total price for the priced options has the same effect on the total price of all proposals relative to each other, and will not affect the ranking of proposals based on price, unless, after reviewing the proposals, the Government determines that there is a basis for finding otherwise. This evaluation will not obligate the Government to exercise any option under FAR 52.217-8.

C.2 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 calendar days of contract end; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 calendar 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.3 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

C.4 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009)

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

(End of Clause) C.5 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes FAR 52.219-6 Notice of Total Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause) C.6 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes the clause: 852.215-70 Service-disabled veteran-owned and veteran-owned small business evaluation factors. Accordingly, any contract resulting from this solicitation will include the clause 852.215-71 Evaluation factor commitments.

(b) The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) to assist in assessing Contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the Contractor's business records or other proprietary data to review such business records regarding contract compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor compliance with the subcontracting commitments.

(End of Clause)

C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

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

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

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

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

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

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in…