36C26319Q0799-001.pdf

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ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

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25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 81

636-20-1-5066-0001

636-20-1-1066-0001

36C26319Q0799 09-06-2019

SCOTT MORRISON scott.morrison2@va.gov 605-336-3230 09-13-2019

5:00PM

Dept. of Veteran Affairs

Network 23 Contracting Office (NCO 23)

2501 W 22nd Street

Sioux Falls SD 57105

X 100

X

517311

$38.5 Million

N/A

X

Department of Veterans Affairs

Nebraska-Western Iowa Health Care System

4101 Woolworth Avenue

Omaha NE 68105

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE (NCO 23)

2501 W 22nd St

Sioux Falls SD 57105

Dept. of Veterans Affairs

Financial Services Center

Via the Tungsten Network

Refer to VAAR 852.232-72 Below

See CONTINUATION Page

The Omaha and Grand Island, NE Veterans Administration locations require the following services; Wireless Internet and cable television as specified in the statement of work listed below.

This document represents a solicitation to establish a service contract containing a 12 month base year and four each option years as seen below and within the price/cost schedule listed below.

Base year period of performance 10/01/2019 to 01/31/2020

Option Year 1 02/01/2020 to 01/31/2021

Option Year 2 02/01/2021 to 01/31/2022

Option Year 3 02/01/2022 to 01/31/2023

Option Year 3 02/01/2013 to 01/31/2024

Offerors are required to be listed in the System for Award

Award Management (SAM) www.SAM.gov prior to offer submission

Offerors are subject to Sub-Contracting Limitations

Multiple Department of Labor Wage Determinations apply to services performed during the base year (first year) of a contract. See the attached Wage Determinations.

See CONTINUATION Page

636-20-1-5066-0001 and 636-20-1-1066-0001

636-3600152-5066-840100 2339 010042100

636-3600160-1066-822500 2580 010042100 x x

X 1

Scott Morrison

NCO2316L2-65423

http://www.sam.gov/

36C26319Q0799

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES\

C.1 IT CONTRACT SECURITY

C.2 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT

2018)

C.3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAY 2019)

C.4 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 33

C.6 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

C.7 52.237-3 CONTINUITY OF SERVICES (JAN 1991)

C.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.9 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.10 VAAR 852.203-71 DISPLAY OF DEPARTMENT OF VETERAN AFFAIRS

HOTLINE POSTER (DEC 1992)

C.11 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)

C.12 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.13 VAAR 852.228-71 INDEMNIFICATION AND INSURANCE (MAR 2018)

C.14 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

C.15 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

C.16 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN

2008)

C.17 NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA) RECORDS

MANAGEMENT LANGUAGE FOR CONTRACTS………………………………………………….43

C.18 VA INFORMATION AND INFORMATION SECURITY/PRIVACY…………………………..46

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018)

E.2 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.3 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (OCT 2018)

E.4 52.216-1 TYPE OF CONTRACT (APR 1984)

E.5 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.6 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

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 Scott Morrison

Sioux Falls VA Health Care System 2501 W 22nd Street Sioux Falls SD 57105

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [x] as specified within the price/cost schedule below

4. GOVERNMENT INVOICE ADDRESS: The Department of Veterans Affairs, Financial

Services Center (FSC), has changed the accounts payable process and has transitioned to electronic invoicing. Your participation in this existing process is required in order to continue providing products or services to the Department of Veteran Affairs in compliance with the

Improper Payments Elimination and Recovery Act of 2010 (IPERA) and Mandate AN97. To begin submitting electronic invoices, free of charge, please visit the following website:

http://ob10.com/us/en/veterans-affairs-us/ and review the electronic invoicing process.

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

AMENDMENT NO DATE

http://ob10.com/us/en/veterans-affairs-us/

STATEMENT OF WORK

NWI Patient WiFi and TV Cable

PURPOSE: This solicitation requests the contractor to provide internet and cable television services and wireless internet to patients and family members of patients at the Department of

Veterans Affairs (VA) Nebraska and Western Iowa Health Care System (NWIHCS).

BACKGROUND: The VA’s NWIHCS sites consist of multiple campuses that consist of major hospital with surrounding buildings, most of which are used to provide care to veteran-patients.

In addition to patients that visit the facility for periodic appointments, some are required to stay overnight or for multiple days depending on their medical condition and prognosis. The VA recognizes that its patient population and family members use the internet as a means of both researching information as well as remaining in communication with friends and family members on a near-constant basis. As a result, it is our desire to provide these patients and their family members’ access to the internet to allow them to continue their communication. The VA also recognizes that the proper operation and functioning of a major health care facility requires its staff to have constant network and internet access. Therefore, the intent of this initiative is to provide our patients and their families’ internet access without impinging on the efficient and effective operation of the hospital and its clinics.

Period of Performance:

Base Year 10/01/2019 – 01/31/2020 Option Year 1 02/01/2020 – 01/31/2021 Option Year 2 02/01/2021 – 01/31/2022 Option Year 3 02/01/2022 – 01/31/2022 Option Year 4 02/01/2022 – 01/31/2023

OBJECTIVE:

The VA NWIHCS is seeking a solution to provide our patients and their families access to the wireless internet (Wi-Fi) while they are using our Nebraska facilities in Omaha, Grand Island, Lincoln, Bellevue, Holdrege, Norfolk, North Platte, Shenandoah, Iowa, and our Vet Center in

Lincoln Nebraska. The VA NWIHCS is additionally seeking a solution to provide our patients and their families access to television cable in Holdrege, North Platte and Shenandoah.

The objectives of this proposal are to:

1. Provide NWIHCS with internet service and Wi-Fi controller that meets or exceeds the following criteria:

1.1 Provide our patients and their families internet service at a minimum download bandwidth of 300 Mbps for all sites within NWIHCS

1.2 Provide a splash screen during entry to the wireless network that welcomes users to NWIHCS internet. This guest wireless network must permit user access without username or password authentication.

1.3 Proposals shall include content filtering services as an optional line item number.

2. All 11 locations listed have existing Wi-Fi cabling and hardware that may be integrated with the new Wi-Fi system to reduce costs, based on the vendor’s discretion. Maps displaying the current system are in separate attachments on each site.

3. Provide TV cable services to the VA’s Holdrege, North Platte, Grand Island and

Shenandoah sites listed below. The cable package should at a minimum be a mixture of local and national news, popular entertainment, sports and educational channels.

4. Although this concept provides a service to our customers, it is expected that it will be provided without a requirement to provide full time, redundant, fault-tolerant service. We desire that the service be available 24 hours a day, 7 days per week (24X7); however, we are neither requiring nor expecting the supplier to provide total fault tolerance.

CONTRACT REQUIREMENTS:

1. Develop an installation plan for required Wifi controller

1.1 Determine requirements for wired infrastructure.

1.2 Determine power requirements.

1.3 Determine communication closet requirements.

1.4 Determine equipment requirements.

2. Install required equipment

2.1 Develop a schedule to install equipment in a manner that minimizes possible disruptions in patient areas.

2.2 Install equipment and test for functionality.

3 Test system functionality

3.1 Ensure that system provides access at all installed points and provides complete coverage of desired areas.

4 Publicize system availability

4.1 Provide instructions for use.

5 System Performance

5.1 Any wireless network devices should be compatible with industry standard wireless protocol 802.11ac.

5.2

LOCATIONS FOR PERFORMANCE REQUIREMENT:

Wi-Fi services are necessary at the following addresses within NWIHCS.

Omaha VA Medical Center 4101 Woolworth Avenue Omaha, NE 68105

Grand Island VA Medical Center 2201 North Broadwell Avenue Grand Island, NE 68803

Lincoln CBOC 600 South 70th Street Lincoln, NE 68510

Holdrege CBOC 1118 Burlington Street Holdrege, NE 68949

Norfolk CBOC 710 South 13th Street, Suite 1200 Norfolk, NE 68701

North Platte 600 East Francis, Suite 3 North Platte, NE 69101

Shenandoah CBOC 512 South Fremont Street Shenandoah, IA 51601

Bellevue CBOC 2206 Longo Drive Bellevue, NE 68005

Victory Village (Victory Apartments) 825 Dorcas Street Omaha, NE 68108

Omaha Vet Center 3047 South 72nd Street Omaha, NE 68124

Lincoln Vet Center 3119 O St., Suite A Lincoln, NE 68510

Cable services are necessary at the following addresses within NWIHCS.

Holdrege CBOC 1118 Burlington Street Holdrege, NE 68949

North Platte 600 East Francis, Suite 3 North Platte, NE 69101

Shenandoah CBOC 512 South Fremont Street Shenandoah, IA 51601

Grand Island VA Medical Center (See the Grand Island Statement of Work below) 2201 North Broadwell Avenue Grand Island, NE 68803

TIMETABLE OF DELIVERABLES

MILESTONE EVENT DELIVERABLE Timeline

Installation plan

Detailed list of installation locations, dates, times and required access

To be submitted with quote/ proposal response to this

RFQ document

System Installation Equipment installed and fully functional

60 contiguous calendar days from contract award

System testing Detailed list of performance results

75 contiguous calendar days from contract award

Deliverable Definitions: The following deliverable definitions serve as a starting point for any questions or conversations concerning the products of this project.

1. Detailed description of equipment locations and requirements: This deliverable will produce a detailed documentation of where offertory equipment will be located, wiring requirements, and power requirements for this project and detail expected throughput and capacity for both numbers of users and their level of use.

2. Detailed list of installation locations, dates, times, and required access: This deliverable will provide a complete description of installation steps, timelines, requirements for closet access, and proposed locations of offeror’s equipment.

3. Equipment installed and fully functional: This step will involve the offeror demonstrating to the government’s satisfaction that the equipment installed functions as required.

4. Detailed list of performance results: The offeror will provide detailed reports showing the performance characteristics of the offeror’s equipment.

Contract Performance Monitoring

a. Monitoring of contractor’s performance shall be done by the Contracting Officer’s

Representative (COR). Incidents of contractor noncompliance as evidenced by the monitoring procedures shall be forwarded immediately to the Contracting Officer.

b. Frequency of Measurement: During contract performance, the COR will periodically analyze whether the negotiated frequency of surveillance is appropriate for the work being performed. Semi-annual (or quarterly if warranted) reports are prepared by the

COR.

c. Frequency of Performance Assessment Meetings. The COR shall visit with the contractor either on an as-needed basis or, at a minimum, twice during the contract period: (1) middle of contract period and (2) end of contract period to assess performance and shall provide a written assessment. This written assessment will be forwarded to the Contracting Officer as documentation of contractor’s performance and/or for a request to exercise option period, renewal of a contract or termination of a contract.

d. Contractor will review semi-annual (or quarterly) performance measure reports and acknowledge receipt of report by returning a signed copy, along with any comments, to the Contracting Officer within 30 days of receipt of the report.

e. Contract performances metrics are listed below:

TASK ID INDICATOR ACCEPTABLE

QUALITY

LEVEL

METHOD OF

SURVEILLAN

CE

INCENTIVE

System

Access /

Access to

Internet

1 Contractor shall ensure access to internet

90% uptime The VA COR shall perform quarterly reviews

Option Year

Exercise

2 Response time to internet or

TV cable outages

90% uptime The VA COR shall perform quarterly reviews

Option Year

Exercise

Statement of Work Cable Television Service Contract

Department of Veteran Affairs Grand Island, NE

SCOPE: Service to provide cable television located at the Grand Island (GRI) campus, VA Nebraska- Western Iowa (NWI) Health Care System. Televisions requiring cable television (TV) services are located throughout the campus.

REQUIREMENTS:

1. Provide cable TV service for 100 televisions located on the NWI GRI campus.

2. Provide the following channel line-up, or similar to, all televisions on the NWI GRI campus.

60 Channels

# Channel Name # Channel Name

3 CBS - KGIN 33 TLC

4 NBC - KSNB 34 Spike

5 CW - 100 35 SyFy

6 ABC - KHGI 36 Food Network

7 FOX - KFXL 37 History

8 PBS - KHNE 38 Lifetime

9 MyTV - KSNB 2 39 Hallmark Channel

10 ION Television 40 HGTV

11 Weather Channel 41 GSN

12 WGN America 42 Turner Classic Movies

13 ESPN 43 TV Land

14 ESPN2 44 ABC Family

15 FS Midwest 45 Travel Channel

16 Fox Sports 1 46 truTV

17 BTN 47 Comedy Central

18 MLB Network 48 E!

19 NBC Sports Network 49 Disney Channel

20 Fox News Channel 50 Nickelodeon

21 CNN 51 Cartoon Network

22 HLN 52 Animal Planet

23 CNBC 53 Discovery Channel

24 MSNBC 54 MTV

25 TNT 55 VH1

26 TBS 56 CMT

27 FX 57 BET

28 USA 58 OWN

29 A&E 59 National Geographic

30 AMC 60 Investigation Discovery

31 Bravo 61 EWTN 32 Oxygen 62 Univision

3. The Federal Government requires vendor’s service is Digital and will support signal transmission via the existing CATV distribution system. CATV is the current distribution.

4. To support this implementation, a QAM to QAM device is currently employed capable of providing an unencrypted, 60 HD channel lineup to any TV sets with a QAM tuner. The product must be compatible on a coaxial system. The QAM-QAM device is needed to eliminate in-room equipment. The device should incorporate a basic electronic programming guide (EPG) and remote monitoring capabilities. A monitoring feature is required to allow visibility into the channel lineup and signal strength, also providing the ability to modify the channel lineup, check diagnostics, or reset the device remotely. The system must also support insertion of the Video training content.

5.

Feature Benefit

One Device Per Property One device to maintain for Building 1 will reduce service calls as well as expedite technical resolution and avoid interruption if a problem does arise. Buildings 3, 5, and 7 have boxes located by each TV. Two boxes in Building 3, 1 box in

Building 5 and 1 box in Building 7. No installation is needed since the system is currently in use throughout the Grand Island campus.

No In-Room Equipment Most non-Residential bulk properties prefer (or require) that no equipment resides within rooms due to the potential for damage or theft, inventory control, and aesthetic reasons.

Digital HD Programming The QAM-QAM device can hold up to 10 Cable

CARDS, meaning up to 60 digital HD channels can be delivered to each television.

Program Information Basic channel information is supplied (station number and channel name) upon the change of channel, improving customer experience.

Remote Monitoring The QAM-QAM device can provide basic monitoring functionality, allowing customer as well as CB Operations to see if the device is communicating, if the correct channel lineup is being fed, and to reset the device if necessary.

6. Provide 24 hours, 7 days a week on-site technical support for any service related issues, within 2 hours of the service call.

7. The vendor is responsible for all parts of the system up to the VA’s Demarcation point. VA’s

Demarcation Point: The main charter equipment for building one is in C05 OIT closet on the ground floor, this requires authorized access and escort to the physical location but is allowed remote access as it is not connected to the VA OIT network system. The charter units in Building 3, 5, and 7 are the boxes like the units used at home and are generally located by each TV. The vendor shall provide all parts, labor, and travel for any service related repairs or updates to the cable TV service.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4.00 mo __________________ __________________ Wi-Fi Service

Omaha VA Medical Center Contract Period: Base POP Begin: 10-01-2019 POP End: 01-31-2020

Wi-Fi and Service

Grand Island VA Medical Center Contract Period: Base

Lincoln CBOC Contract Period: Base

Holdrege CBOC Contract Period: Base

Norfolk CBOC Contract Period: Base

North Platte CBOC Contract Period: Base

Shenandoah CBOC Contract Period: Base

Bellevue CBOC Contract Period: Base

Victory Village Contract Period: Base

Omaha Vet Center Contract Period: Base

Lincoln Vet Center Contract Period: Base

Cable Television Service

Holdrege CBOC Contract Period: Base

North Platte CBOC Contract Period: Base

Shenandoah CBOC Contract Period: Base

Grand Island VA Medical Center Contract Period: Base

12.00 mo __________________ __________________

Omaha VA Medical Center Contract Period: Option 1 POP Begin: 02-01-2020 POP End: 01-31-2021

Grand Island VA Medical Center Contract Period: Option 1

Lincoln CBOC Contract Period: Option 1

Holdrege CBOC Contract Period: Option 1

Norfolk CBOC Contract Period: Option 1

North Platte CBOC Contract Period: Option 1

Shenandoah CBOC Contract Period: Option 1

Bellevue CBOC Contract Period: Option 1

Victory Village Contract Period: Option 1

Omaha Vet Center Contract Period: Option 1

Lincoln Vet Center Contract Period: Option 1

Holdrege CBOC Contract Period: Option 1

North Platte CBOC Contract Period: Option 1

Shenandoah CBOC Contract Period: Option 1

Grand Island VA Medical Center Contract Period: Option 1

Omaha VA Medical Center Contract Period: Option 2 POP Begin: 02-01-2021 POP End: 01-31-2022

Grand Island VA Medical Center Contract Period: Option 2

Lincoln CBOC Contract Period: Option 2

Holdrege CBOC Contract Period: Option 2 POP Begin: 02-01-2021

Norfolk CBOC Contract Period: Option 2

North Platte CBOC Contract Period: Option 2

Shenandoah CBOC Contract Period: Option 2

Bellevue CBOC Contract Period: Option 2

Victory Village Contract Period: Option 2

Omaha Vet Center Contract Period: Option 2

Lincoln Vet Center Contract Period: Option 2

Holdrege CBOC Contract Period: Option 2

North Platte CBOC

Contract Period: Option 2 POP Begin: 02-01-2021

Shenandoah CBOC Contract Period: Option 2

Grand Island VA Medical Center Contract Period: Option 2

Omaha VA Medical Center Contract Period: Option 3 POP Begin: 02-01-2022 POP End: 01-31-2023

Grand Island VA Medical Center Contract Period: Option 3

Lincoln CBOC Contract Period: Option 3

Holdrege CBOC Contract Period: Option 3

Norfolk CBOC Contract Period: Option 3

North Platte CBOC Contract Period: Option 3

Shenandoah CBOC Contract Period: Option 3

Bellevue CBOC Contract Period: Option 3

Victory Village Contract Period: Option 3

Omaha Vet Center Contract Period: Option 3

Lincoln Vet Center Contract Period: Option 3

Holdrege CBOC Contract Period: Option 3

North Platte CBOC Contract Period: Option 3

Shenandoah CBOC Contract Period: Option 3

Grand Island VA Medical Center Contract Period: Option 3

Omaha VA Medical Center Contract Period: Option 4 POP Begin: 02-01-2023

POP End: 01-31-2024

Grand Island VA Medical Center Contract Period: Option 4

Lincoln CBOC Contract Period: Option 4

Holdrege CBOC Contract Period: Option 4

Norfolk CBOC Contract Period: Option 4

North Platte CBOC Contract Period: Option 4

Shenandoah CBOC Contract Period: Option 4

Bellevue CBOC Contract Period: Option 4

Victory Village Contract Period: Option 4

Omaha Vet Center Contract Period: Option 4

Lincoln Vet Center Contract Period: Option 4

Holdrege CBOC Contract Period: Option 4

North Platte CBOC Contract Period: Option 4

Shenandoah CBOC Contract Period: Option 4

Grand Island VA Medical Center Contract Period: Option 4

GRAND TOTAL __________________

SECTION C - CONTRACT CLAUSES\

C.2 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:

(End of Addendum to 52.212-4)

C.3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS

(MAY 2019)

(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 items:

(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 (Jul 2018) (Section 1634 of Pub. L.

115–91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(4) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(5) 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 items:

[x] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with

Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (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

(Oct 2018) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved]

[x] (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. (OCT 2015) (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)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15

U.S.C. 657a).

[] (ii) Alternate I (NOV 2011) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (JAN 2011) of 52.219-4.

[] (13) [Reserved]

[] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

[] (ii) Alternate I (NOV 2011).

[] (iii) Alternate II (NOV 2011).

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

[] (ii) Alternate I (Oct 1995) of 52.219-7.

[] (iii) Alternate II (Mar 2004) of 52.219-7.

[x] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219-9, Small Business Subcontracting Plan (AUG 2018) (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 (JAN 2017) of 52.219-9.

[] (v) Alternate IV (AUG 2018) of 52.219-9.

[] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[] (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

(NOV 2011) (15 U.S.C. 657f).

[X] (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15

U.S.C 632(a)(2)).

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (DEC 2015) (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 (DEC 2015) (15

U.S.C. 637(m)).

[X] (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[x] (26) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2018)

(E.O. 13126).

[X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (28)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

[x] (29)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

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

[X] (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C.

793).

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

[x] (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

[x] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010) (E.O. 13496).

[X] (33)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (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).

[] (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[] (35)(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.)

[] (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and

Air Conditioners (JUN 2016) (E.O. 13693).

[] (38)(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.

[] (39)(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.

[] (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C.

8259b).

[] (41)(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] (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving

(AUG 2011)

[] (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (44) 52.223-21, Foams (JUN 2016) (E.O. 13693).

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

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

[] (46) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).

[] (47)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014)

(41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19

U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-

283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate I (MAY 2014) of 52.225-3.

[] (iii) Alternate II (MAY 2014) of 52.225-3.

[] (iv) Alternate III (MAY 2014) of 52.225-3.

[] (48) 52.225–5, Trade Agreements (AUG 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury).

[] (50) 52.225–26, Contractors Performing Private Security Functions Outside the United

States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for

Fiscal Year 2008; 10 U.S.C. 2302 Note).

[] (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

[] (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov

2007) (42 U.S.C. 5150).

[] (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41

U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (54) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management

(Oct 2018) (31 U.S.C. 3332).

[] (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award

Management (Jul 2013) (31 U.S.C. 3332).

[] (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (58) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[x] (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C.

637(d)(13)).

[] (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb

2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

[] (ii) Alternate I (Apr 2003) of 52.247-64.

[] (iii) Alternate II (FEB 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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 items:

[] (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).

[X] (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[X] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C.

206 and 41 U.S.C. chapter 67).

Employee Class

“FOR INFORMATIONAL PURPOSES ONLY

– THIS IS NOT A WAGE DETERMINATION”

Monetary Wage-Fringe Benefits

Motor Vehicle Operator $26.81 per hour -Wag $6.70 per hour-Fringe

[x] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price

Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

[] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price

Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[] (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Co…