Attachment A 1449.pdf

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

509-21-2-528-0174

36C24721Q0749 05-24-2021

Bruce Parrish 404-321-6111 EXT 202342 06-02-2021

14:00 EDT

Department of Veterans Affairs

VISN 7 Network Contracting Office

LaVista Business Park - Bldg A

2008 Weems Road

Tucker GA 30084

X 100

X

541990

$16.5 Million

N/A

Charlie Norwood VAMC

1 Freedom Way

Augusta GA 30904

VISN 7 Network Contracting Office

LaVista Business Park - Bldg A

2008 Weems Road

Tucker GA 30084

FMS-VA-2(101)

Financial Services Center

PO Box 149971

Austin TX 78714-9971

See CONTINUATION Page

See CONTINUATION Page

Bruce Parrish

36C24721Q0749

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

B.3 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

2018)

C.2 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.3 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.4 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

C.5 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.6 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021) (JUL 2020)

(DEVIATION)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JUN 2020) 38

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

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

E.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.7 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (FEB 2021) (JUL 2020) (DEVIATION)

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 36C247

VISN 7 Network Contracting Office

LaVista Business Park - Bldg A

2008 Weems Road

Tucker GA 30084

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 []

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:

AMENDMENT NO DATE

A. GENERAL INFORMATION:

Department of Veterans Affairs Medical Center (VAMC) Charlie Norwood, Augusta, Georgia is seeking to replace existing Pyxis and free-standing inventory management storage with a weight-based inventory management system to ensure proper storage of medical and surgical products. This contract will be performance based. Contractor will provide at contractor’s expense all supervision, tools, materials, supplies, equipment and labor to perform the work.

1. SCOPE OF WORK: The contractor will provide all supervision, labor, tools, materials, supplies, equipment, licensing, support and software/hardware to install and maintain a weight-based inventory management system that detects and transmits real-time information into the Government owned Generic Inventory Package (GIP), via

VISTA/IFCAP access The weight-based system must also be complaint with the

Defense Medical Logistics Standard Support (DMLSS).

2. HOURS OF SERVICE: Work is to be done between the hours of 8:00a.m. and 4:30p.m., Monday through Friday, excluding holidays.

Federal Holidays

New Year’s Day January 1st

Martin Luther King’s Birthday 3rd Monday in January

President’s Day 3rd Monday in February

Memorial Day Last Monday in May

PERFORMANCE WORK STATEMENT

Independence Day July 4th

Labor Day 1st Monday in September

Columbus Day 2nd Monday in October

Veteran’s Day November 11th

Thanksgiving Day Last Thursday in November

Christmas Day December 25th

3. INSTALLATION:

Installation will be performed during the working hours of 8:00am thru 4:30pm, Monday through Friday. Work at the government site shall not take place on Federal holidays or weekends unless coordinated with the Contracting Officer

Representative (COR). The Contractor must notify the Facility’s point of contact or

COR for coordination of any required access to additional work areas. Contractor(s) will need to obtain an Identification Badge which shall be worn at all times while on station. After all work is completed, the Contractor must notify the facility’s POC or

COR of completion. A verbal or written status report will be provided to the COR following the completion of the workday as determined by the COR.

SPECIFIC TASKS (ST):

ST# 1: Provide a licensing solution that has the ability to interface the weight-based system with the VA’s GIP system in real time for reporting purposes. The interface must comply with all VA security regulations and shall be available at no additional cost to the Government.

ST# 2: Provide and install weight-based inventory management system at the following locations (to include all bins, scales, and accessories):

• Charlie Norwood VA Medical Center, Downtown Division, 950 15th Street, Augusta, Georgia 30901

• Charlie Norwood VA Medical Center, Uptown Division, 1 Freedom Way, Augusta, Georgia 30904-6285

• Athens Community Based Outpatient Clinic (CBOC), 9249 Highway 29

South, Athens, Georgia 30601-6352

• Aiken CBOC, 951 Millbrook Ave, Aiken, South Carolina 29803-6526

• Statesboro (Ray Hendrix) CBOC, 658 North Side Drive East, Suite B, Statesboro, Georgia 30458-4828

ST# 3: The weight-based inventory management system shall produce an accurate real-time reading of quantities on-hand accessible by web-based program andprovide data mining capabilities that shall include at a minimum the following:

• Minimum current stock levels

• Recommended order points

• Average usage levels per item

• Verify any out of balance on hand quantities and values

• Accounting for any due out or due ins

The functionality minimal requirements are listed below:

A. Must be weight based

B. Easily calibrated and accurate

C. Provide real time visibility to our Secondary Inventory locations

D. Must be able to interface with GIP package in IFCAP

E. Must be capable of tracking, adjusting, and reporting comprehensive real time information pertaining to the inventory of a secondary location

F. It is imperative that depletion of stock triggers “pick” tickets based on PAR levels, Re-order points, and Emergency Stock Levels

G. Software needs to be intuitive and easy to train on

H. Software needs to be able to utilize multiple users with different levels of permissions

I. Reports generated by software need to be relevant to APICS Principles of

Inventory Management

J. Must be able to handle a wide range of products based on size, thickness, and weight.

Equipment Status - Communication about system status including system failures

Materials Management Status –

• Open Orders

• Emergency/Critical Item Levels

• Negative Quantities on-Hand

• Item Locator

• Customer Item Requisition

• Current Levels –

• Level recommendations by cost and usage demand SKU reduction recommendations

• Items over par level

• Stock outs and critical hits Par level value over time

• Consumption

• Average monthly usage

• Consumption analysis including time

• Consumption deviation

• Consumption over time

• Reports

• Activity detail (sales, receipts, adjustments, etc.) to include time inventory on hand changed

• Quantity on-hand Value on-hand

• Department transactions

• Cycle count sheet

• Out of balance with GIP - on hand Due-ins

• Due-outs

• Issue multiple discrepancy between GIP and Par Bin

• Emergency levels

• Orders

• Existing orders

• Order preview

• Items

• Item master Item history

• Item classification Reconciliation history

• Most recent recon per item

ST # 4: Hardware Installation/Access

Install on 1 (one) VA owned desktop or laptop computer the program and software package used to add, delete and edit items stored in the bins/platforms in order to manage inventory items and levels at each designated facility. Install software on 1

(one) VA owned laptop for system set-up and installation. Install and prepare VA owned server for transmission of information between Contractor and VA for maintenance and monitoring of equipment in use.

Grant accesses and train VA employees for the web-based program that shall have unlimited user access and provide reports and data mining capability of current inventory including but not limited to current stock levels, recommended order levels, and average usage levels. The system shall be capable of producing reports in Excel or text delimited format using commercially available software.

Training includes but is not limited to:

• Adding items

• Removing items

• Assigning items

• Weighing items

• Editing Items

• Troubleshooting

• Reporting functions

• Par Vision

ST # 5: Provide Licensing and Support

One-year license agreement for use of Inventory Management System and related support. Automatic software upgrades of the installed program and software. Web-based program shall be available on any computer and/or mobile device for reporting purposes and evaluation of inventory levels for an unlimited number of users. Support to include continuous monitoring by means of a minimum of four remote checks of equipment functionality by Contractor personnel every 24 hours. Notification and maintenance support from Contractor personnel in the event of a problem with equipment or software. Contractor personnel shall respond to service calls no later than

24 hours after being notified of a problem with either equipment or installed software.

Equipment and related hardware shall be replaced within 48 hours of notification of a problem if user is not at fault for damage or defect.

Government Furnished Equipment:

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

Performance Monitoring:

Completion of the install will be verified by COR or designated personnel. Functionality and accuracy of the installed equipment will be continuously monitored by Logistics staff to ensure equipment is functioning properly and providing accurate and timely information for inventory and reordering purposes. Installed equipment and software is monitored by Contractor employees by daily check-ins that shall occur remotely at least

4 times every 24 hours. Contractor support to be provided for any defects or functionality problems by contacting Contractor via email or telephone within time frames designated in ST # 5. The Contractor will meet (e.g. in person, telephone, etc.)

with the COR monthly to address any unresolved issues. Any unresolved and/or continuous issues will be addressed to the Contracting Officer for corrective action.

Performance

Indicators

PWS

Ref

Performance

Measure

Acceptable

Level of

Quality

Method of

Assessment Incentive

Successful completion of

Specific Tasks

ST#1,

ST#2,

ST#3,

ST#4,

ST#5

On time completion

90% Direct observation and periodic inspection

Positive

Past

Performance

Successful completion of training

ST#$ On time completion

100% Direct

Observation and Periodic

Inspection

Positive

Past

Performance

Support Services ST5 Customer

Service

95% Random and periodic sampling

Positive

Past

Performance

B. INVENTORY MANAGEMENT/STORAGE SYSTEMS AND OPERATION:

If the problem is covered under warranty, contractor shall coordinate with the respective manufacturer to correct the fault. Those faults that occur that the contractor can identify may be corrected by the installing contractor. Any fault covered under warranty and requiring coordination with the manufacturer for technical support/replacement parts will be closely managed/supervised by the contractor to ensure prompt action. A detailed maintenance report will be provided following each visit for repair or maintenance.

Any damage, fault or other malfunction resulting from workmanship, manufacturing defect or any other fault/failure covered by a manufacturer’s warranty shall be corrected by the installing contractor. Any correction that will require coordination with manufacturer for replacement parts related to warranty coverage shall be coordinated by or managed by the contractor.

Any fault/failure or damage resulting from actions/incidents which falls outside of workmanship or warranty coverage specifications may be corrected by the contractor at the direction and expense of the VA. Any such failure will be noted on the inspection report and specifically addressed with the COR.

C. PERFORMANCE AND DELIVERABLES:

All work must be performed by competent trained personnel who are experienced and qualified to work on the specific equipment. All work performed shall be accomplished in accordance with the manufacturer’s instructions including, but not limited to, adjustments, calibrations, cleaning, lubrication, testing, disassembly, inspection, replacement of worn or defective parts, etc., required to keep the equipment in operating condition. Contractor’s maintenance of the equipment must satisfy all requirements as set forth by the manufacture. Contractor must ensure all trash and debris is removed from site after work is completed.

D. PEFORMANCE PERIOD:

The installation of the system shall be completed within one-year after contract award with the work commencing 60 days from date of award.

E. KEY PERSONNEL:

Key Personnel, as specified in Contractor’s Technical Proposal must be listed and approved to be working on this project by the Government within five business days of any change in the Key Personnel. The Contractor’s Project Manager is a Key

Person as defined by this section.

F. CONTRACTOR PERSONNEL REQUIREMENTS

The Contractor shall provide personnel capable of performing the installation of all components as well as general instruction on the operation immediately after installation. Additionally, all personnel shall be subject to a Government specified background investigation prior to working with Personally Identifiable

Information. The position sensitivity for this effort has been designated as Low Risk and the level of background investigation is a National Agency Check with Written

Inquiries. All personnel shall be U.S. Citizens. The Contractor will coordinate with the COR for all Security Issues.

G. CONTRACT TYPE:

This is a firm fixed price contract

H. TRAVEL:

The Department of Veterans Affairs Medical Centers (VAMCs) is NOT responsible for any travel expenses associated with this requirement.

I. AUTHORIZED SERVICES:

The services authorized under this contract is installation, inspection and general instruction of the new medical storage carts. Before performing any service or repair of a non-contract nature, the Contracting Officer or his/her designee must be advised of the reason for this additional work. Contractor is cautioned that only the

Contracting Officer may authorize additional services or repairs and reimbursement will not be made unless this prior authorization is obtained.

J. COR AUTHORITY:

In no event is the COR empowered to change any of the terms and conditions of the contract. All changes, to any section of this contract, shall be made only by the Contracting Officer pursuant to a properly executed modification. The types of actions within the purview of the COR’s authority are to ensure that the Contractor performs the technical requirements of the contract, and to notify the Contracting Officer of any deficiencies observed. A Letter of Designation shall be issued to the COR and a copy shall be sent to the Contractor at the time of contract kickoff meeting or post-award conference setting forth in full the responsibilities and limitations of the COR.

K. DISCONTINUANCE OF SERVICE:

The Government reserves the right to terminate service on individual systems with a thirty day (30) written notice to the Contractor with payment to be prorated.

L. SUBCONTRACTING:

Due to the complexity of the services required herein, subcontracting will not be permitted withoutprior written approval by the Contracting Officer.

M. PARTS:

(a) Only new, standard parts shall be furnished by the Contractor. All parts shall be of the manufacture and have versatility be installed at the facility with as little structural augmentation as possible.

(b) All newly installed equipment and parts become the property of the Government.

Replaced parts are to be disposed of legally by the Contractor in accordance with industry standards.

N. GOVERNMENT FURNISH EQUIPMENT:

The VAMC will not furnish parts and/or test equipment for the performance of this contract. It is the responsibility of the Contractor to bring the appropriate equipment and/or supplies necessary to complete the work as required within.

O. QUALITY CONTROL:

After contract award, the Contractor shall implement and follow a Quality Control

Plan or Quality Assurance and Surveillance Plan (QASP) that will be accepted by the Government. The solution-based Quality Control Plan or QASP with performance goals and acceptable quality levels is necessary to ensure quality for this project. The Contractor shall address any issues established by the

Government performance goals as needed. The Contractor will provide full access of its internal QASP for the COR to monitor performance.

1. QUALITY ASSURANCE:

As stated in the Quality Control Plan or QASP, the Government shall evaluate the

Contractor's performance under this agreement. For those tasks listed in the Quality

Control Plan or QASP, the COR or evaluators shall follow the methods of surveillance specified in this agreement. Such surveillance shall be done according to standard inspection procedures or other agreement provisions. Any action taken by the contracting officer as a result of surveillance shall be in accordance with the terms of this agreement.

P. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS:

The Contractor shall ensure that services provided to the Government under this agreement comply with all applicable laws, statutes, regulations, and guidelines that govern the operation of systems by the Government. The Contractor shall also ensure that all services provided to the Government under this agreement comply with all Government mandated procedures, standards, and requirements.

As the Government develops and implements new or modified policies and procedures either to comply with internal agency rules and procedures or to comply with applicable rules, regulations, statutes, or other binding obligations ("Additional

Compliance Terms"), the Government reserves the right to incorporate such

Additional Compliance Terms into this Agreement. The Contractor hereby acknowledges and agrees that such Additional Compliance Terms shall become part of this agreement. The Government shall provide the Contractor with prior written notice regarding the date by which the Contractor shall comply with each set of

Additional Compliance Terms ("Compliance Date"). Failure to comply with the

Additional Compliance Terms prior to the Compliance Date shall be cause for the

Government to immediately terminate this agreement. In the event that the

Government terminates this agreement because of the Contractor's failure to comply with Additional Compliance Terms by the Compliance Date, the Contractor shall be liable for such reasonable costs as may be associated with the Government’s efforts to procure a replacement Contractor and associated systems and services.

Q. SERCURITY: PER REVIEW OF VA HANDBOOK 6500.6, CONTRACT

SECURITY, APPENDIX A- INFORMATION SECURITY AND PRIVACY

CHECKLIST:

• “The C&A requirements do not apply, and a Security Accreditation Package is not required.”

• Acquisition of this service does not involve the storage, generating, transmitting, or exchanging of VA sensitive information to the vendor

• There may exist exposure to VA sensitive information, in particular to sensitive personal information (SPI) while implementing contractual services

Minimum Statutory Requirements

Prohibition on unauthorized disclosure: Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in

Rights in Data - General, FAR 52.227-14(d) (1). See VA Handbook 6500.6, Appendix C, paragraph 3.a.

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

6500.6, Appendix C, paragraph 6.a

Requirement to pay liquidated damages in the event of a data breach:

Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract.

The contractor/subcontractor shall provide notice to VA of a “security incident” as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.

Each risk analysis shall address all relevant information concerning the data breach, including the following:

(1) Nature of the event (loss, theft, unauthorized access);

(2) Description of the event, including:

(a) date of occurrence;

(b) data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code;

(3) Number of individuals affected or potentially affected;

(4) Names of individuals or groups affected or potentially affected;

(5) Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text;

(6) Amount of time the data has been out of VA control.

(7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons);

(8) Known misuses of data containing sensitive personal information, if any;

(9) Assessment of the potential harm to the affected individuals.

(10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate: and

(11) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.

Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

(1) Notification;

(2) One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;

(3) Data breach analysis;

(4) Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution;

(5) One year of identity theft insurance with $20,000 coverage at $0 deductible; and

(6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs (see VA handbook 6500.6, appendix c, paragraph 7.a, 7.d)

R. CONFIDENTIALITY AND NONDISCLOSURE:

It is agreed that:

1. The Contracting Officer (CO) will be the sole authorized official to release verbally or in writing, any data, the draft deliverables, the final deliverables, or any other written or printed materials pertaining to this contract. No information shall be released by the contractor. Any request for information relating to this contract presented to the contractor shall be submitted to the CO for response.

2. Press releases, marketing material or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the CO.

S. INVOICES:

Payment will be made upon receipt of a properly prepared detailed invoice, prepared by the Contractor, validated by the Contract Officer Representative (COR) and submitted electronically.

A properly prepared invoice will contain:

• Invoice Number and Date

• Contractor’s Name and Address

• Accurate Purchase Order Number

• Supply or Service provided

• Total amount due

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVI

CES

QUANTI

TY

UNI

T UNIT PRICE AMOUNT

1.00 JB _______________

Weight-based Inventory Management System for Charlie Norwood VAMC-DD Location. Vendor to provide all supplies, labor and other related services to complete program and software integration and turn-key installation.

Weight-based Inventory Management System for Charlie Norwood VAMC-UD Location. Vendor to provide all supplies, Weight-based Inventory Management System for the Statesboro CBOC Location. Vendor to provide all supplies, Weight-based Inventory Management System for the Aiken CBOC Location. Vendor to provide all supplies, labor and other related services to complete program and software integration and turn-key installation.

Weight-based Inventory Management System for the Athens CBOC Location. Vendor to provide all supplies, labor and other related services to complete program and software integration and turn-key installation.

GRAND TOTAL _______________

B.3 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY

DELIVERY

DATE

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS

(OCT 2018)

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

Government must exercise its post-acceptance rights—

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

and

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims

Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the

Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

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

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the

Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the

Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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

(i) Name and address of the Contractor.

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

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

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

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

(i) Payment.—

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt

Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-

5(b) for the appropriate EFT clause.

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

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

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

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

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

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

(D) Contractor point of contact.

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

Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the

Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the

Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The

Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the

Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain

Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and

41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with

Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service

(TOS), or similar legal instrument or agreement, that includes any clause requiring the

Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

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

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

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

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

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

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

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

C.2 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting

Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.]

[] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business

Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price

Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[X] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-

Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small

Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[X] 852.233–70, Protest Content/Alternative Dispute Resolution.

[X] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[X] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[X] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause)

C.3 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—

MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-

Owned 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).