Combined Synopsis 36C24425Q0318.docx

SUBJECT*

642-25-2-020-0032 | Agility Laser & Technicians | NCO 4 Services 3 (VA-25-00042025)

GENERAL INFORMATION

SET-ASIDE

Network Contracting Office 4

1010 Delafield Road

POINT OF CONTACT*

Contract Specialist Haley Snyder haley.snyder@va.gov 412-860-7204

PLACE OF PERFORMANCE

Corporal Michael J. Crescenz VA Medical Center

3900 Woodland Avenue

Philadelphia PA

COUNTRY

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 in conjunction with Part 13 of Federal Acquisition Regulation (FAR), as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This Solicitation is issued as a Request for Quote (RFQ), and the solicitation number is 36C24425Q0318.

This notice incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2025-03 effective 17 January 2025, and the Veterans Affairs Acquisition Regulations (VAAR). The complete text of any of the clauses and provisions may be accessed in full text at FAR | Acquisition.GOV.

This Solicitation is being competed on a full and open competitive basis. The Government reserves the right to make split awards as a result of this solicitation. The NAICS Code is 532490 – Other Commercial and Industrial Machinery and Equipment Rental and Leasing and the Product Service Code (PSC) is W065 Lease or Rental of Equipment – Medical, Dental, and Veterinary Equipment and Supplies and the business size standard is $40.0 million.

The Network Contracting Office 04 is seeking Laser Equipment Rental Services to support the Corporal Michael J. Crescenz VA Medical Center. The Statement of Work (SOW) is provided.

Complete instructions for submitting a response to this solicitation and applicable provisions and clauses are found in “36C24425Q0318.” All offerors are advised to pay careful attention to the quote submission instructions as there are very specific instructions as what is required to be provided.

The period of performance (POP) is estimated to be 7/01/2025 – 06/30/2030.

Any award resulting from this solicitation will be issued on a Standard Form 1449.

NOTE: To receive an award resulting from this solicitation, offerors MUST be registered in the System for Award Management (SAM) database. Registration may be done online at: www.acquisition.gov or www.sam.gov.

Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the contract specialist, Haley Snyder at haley.snyder@va.gov. No questions will be answered after 24 March 2025, 10:00 AM EST.

Point of Contact Haley Snyder Contract Specialist Services 3 (Medical Equipment Maintenance Services) Department of Veterans Affairs/Regional Procurement Office - East/Network Contracting Office 4 Haley.snyder@va.gov Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

Combined Synopsis/Solicitation Notice

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Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR: TBD

b. GOVERNMENT: Contracting Officer 36C244 Department of Veterans Affairs Network Contracting Office 4

1010 Delafield Road Pittsburgh PA 15215

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

3. INVOICES: Invoices shall be submitted in arrears:

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

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B.2 STATEMENT OF WORK

STATEMENT OF WORK (SOW)

IDIQ CONTRACT FOR LASER SERVICES

SURGICAL SERVICES DEPARTMENT

CORPORAL MICHEAL J. CRESCENZ VA MEDICAL CENTER

3900 WOODLAND AVENUE,

PHILADELPHIA, PA 19104

GENERAL: The Veterans Affairs Medical Center (VAMC) Operating Room (OR) is seeking to establish an Indefinite Delivery/Indefinite Quantity (IDIQ) contract to provide comprehensive laser treatment services for Veterans. This contract is pivotal for enabling advanced surgical procedures across a range of medical specialties, which include, but are not limited to, Gynecology, Urology, Ear, Nose, and Throat (ENT), Dentistry, Ophthalmology, Thoracic Surgery, Plastic Surgery, Neuro-Spine Surgery, and General Surgery. The contractor is required to ensure the continuous availability of reliable and cutting-edge surgical laser systems, as well as highly skilled technicians and the necessary materials—such as fibers and various supplies—required for laser procedures. These services must be made available around the clock, 24 hours a day, 7 days a week, throughout the entire year, reflecting the commitment to providing exceptional care for Veterans in need of surgical interventions.

SCOPE OF WORK: The contractor will be responsible for the procurement, maintenance, and operation of the following laser systems and associated services:

1. Holmium Laser - This laser is primarily utilized in urological and gynecological procedures. It is particularly effective for cutting and coagulating tissue and is known for its precision and versatility in a variety of surgical settings.

2. Carbon Dioxide (CO2) Laser - This laser is an effective tool for soft tissue cutting and is often employed in dermatology and various surgical applications, including excisions, ablation, and resurfacing procedures. Its ability to precisely cut tissue while minimizing collateral damage makes it invaluable in surgery.

3. Argon Laser - This system is utilized for retinal photocoagulation, particularly in the treatment of retinal disorders. It is also beneficial for various tissue banking applications where careful and accurate laser application is critical.

4. Pulsed Dye Laser (PDL) - Commonly used in dermatological surgeries, this laser effectively treats vascular lesions, such as hemangiomas and port-wine stains. It also enhances various aesthetic skin conditions by promoting collagen production and improving skin texture and tone.

5. Neodymium-Doped Yttrium Aluminum Garnet (ND:YAG) Laser - This versatile laser is employed for numerous surgical and aesthetic applications, including tattoo removal, hair removal, and treatment of pigmented lesions. Its capability to penetrate deeper into the skin makes it suitable for targeting various tissue types.

6. Greenlight Laser- Specifically designed for urological procedures, this laser is particularly effective in the treatment of benign prostatic hyperplasia (BPH). It offers a minimally invasive option for patients, resulting in quicker recovery times and reduced hospitalization.

7. Thulium Laser - This laser is primarily used in urological surgeries due to its precision in ablation procedures, making it ideal for treating bladder tumors and for precise cutting of delicate tissues.

8. Coloplast Laser - This specialized laser is integrated into surgical practices to address unique surgical needs and material applications, ensuring that the technical requirements of various procedures are met efficiently.

The contractor must also provide ongoing training for technicians in the latest laser technologies and procedures, ensuring they are skilled in operating the systems and managing laser-related tasks safely and effectively. Moreover, the contractor will be responsible for maintaining up-to-date compliance with all relevant regulations and standards related to the operation of surgical laser equipment. This comprehensive approach to laser treatment services is essential for improving the surgical outcomes and overall healthcare experience for our Veterans.

REQUIREMENTS:

1. The contractor shall ensure the continuous availability of highly qualified technicians who possess specialized training in operating advanced laser systems. These services must be accessible around the clock, seven days a week, throughout the entire year, ensuring that support is available whenever surgical procedures are scheduled. Each technician assigned to the facility will be responsible for calibrating the laser systems in strict accordance with the specific operational guidelines outlined by the attending physicians in the Operating Room (OR).

2. Prior to the commencement of each surgical procedure, the contractor is required to provide detailed documentation regarding the surgical laser equipment to the CMC VAMC Biomed Section. This documentation must include all relevant technical data, equipment specifications, and operational guidelines, and must be submitted at least two (2) hours before the scheduled setup in the Operating Room. In addition, the contractor will facilitate comprehensive training sessions for the OR physicians to ensure they are fully equipped with the knowledge and skills required for the precise operation of the laser equipment. These sessions will cover all safety measures essential for the effective and secure use of the devices.

3. The contractor holds the responsibility for ensuring the proper functionality, safety, and operational integrity of all laser equipment through regular routine maintenance and quality checks. These checks must be conducted both prior to the equipment’s delivery to the CMC VAMC facility and immediately following its arrival on-site. The contractor must be proactive in addressing any issues that could impede the safe and effective operation of the equipment.

4. Storage of contractor-owned equipment at CMC VAMC will be permitted only in designated areas that are assigned by the OR Nurse Managers or the OR Charge Nurse. The contractor must take all necessary measures to ensure the security and safety of their stored equipment. In instances where the contractor chooses to store their equipment on CMC VAMC premises, they will assume full responsibility for any components that may be missing, damaged, or destroyed, including bearing all costs associated with necessary repairs or replacements. The contractor shall also ensure that no standby fees for equipment storage are imposed on the Government.

5. For each surgical case, a minimum of two (2) qualified technicians, who are certified according to recognized industry standards, must be present on-site. Their role will be to assist in the operation of the laser equipment and to ensure compliance with all established laser safety protocols. This is essential for maintaining a safe environment for both patients and medical staff.

6. On-site activities will encompass a thorough setup of the equipment, demonstrations of its functionality, and testing of system capabilities to ensure alignment with the specific requirements and preferences set forth by the participating surgeons. The contractor will also be obligated to provide any necessary training or demonstrations related to the operational procedures of the equipment. This includes guidance on proper setup, effective usage, and safe shutdown protocols, ensuring that CMC VAMC medical staff are fully prepared to operate the equipment safely and competently. This comprehensive approach will foster a collaborative environment that prioritizes patient safety and operational efficiency.

ORDERING/SCHEDULING PROCESS: To maintain operational efficiency and clarity in our coordination efforts, the ordering process for laser services must be conducted well in advance. The following detailed procedures outline this process:

1. Order Placement: The CMC VAMC Operating Room Staff will identify the need for laser services and place orders based on the surgical schedule. These orders must be made by authorized personnel, whose names will be provided following the award of the contract. It is crucial that all orders align with the surgical requirements established by the medical team.

2. Request Protocol: Surgeons will submit their service requests using the comprehensive ordering protocol provided. This protocol is designed to streamline communication and ensure that all necessary information is captured efficiently.

3. Initial Communication: The Operating Room staff at CMC VAMC will initiate communication with designated contractor personnel using either phone calls or electronic media. During this communication, the following details must be clearly specified: - Exact date and time when the services are required - Type of surgical laser system needed - Any additional fibers or supplies that may be necessary for the procedure.

4. Contractor Responsibilities: The contractor is required to furnish the names and direct contact information (including both phone and email) of two representatives who will be available to schedule and coordinate orders with CMC VAMC on a 24/7/365 basis. This ensures that assistance is readily available around the clock for any scheduling or service-related inquiries.

5. Order Confirmation: Once the contractor confirms an order, they must send an email to the Operating Room staff within 24 hours. This confirmation email should include the following essential information:

a. Applicable contract and funding/obligation number.

b. Name of the ordering Operating Room staff member who placed the order.

c. Date when the order was placed.

d. Date of scheduled surgical laser services support.

e. Nature of the surgery being performed.

f. Contract line-item number (CLIN).

g. Name of the technician assigned to the case if one is available.

6. The surgical laser services offered will be categorized into two distinct types: Standard Services and Urgent/Emergency Services.

a. Standard Services - all orders must be scheduled with a minimum of 48 hours' advance notice. This requirement is essential to ensure that the necessary preparations are made, including proper staffing and equipment readiness. To facilitate smooth operations, the contractor will supply comprehensive guidelines detailing the standard scheduling processes. Any deviations from these established protocols will be documented, and the contractor is responsible for clearly communicating those changes.

b. Urgent/Emergency Services - are designed to address situations requiring immediate attention. Orders placed with less than 48 hours’ notice will be prioritized as urgent, contingent upon the availability of resources. The contractor will strive to accommodate these urgent requests while maintaining high standards of safety and efficiency.

7. Communication Protocol: The contractor will maintain open lines of communication with the Contracting Officer (CO), providing updates or notifications regarding any changes related to order fulfillment, scheduling, or availability of services. It is essential that this communication occurs promptly to avoid delays in surgical procedures.

8. Cancellation Policy - The Government (CMCVAMC) reserves the right to cancel an order without incurring any penalties up until the arrival of the laser equipment and/or technician at the facility. Should the cancellation occur after the equipment or technician has arrived, the contractor may propose a standard cancellation fee. This fee should be clearly outlined in the contractor's service agreement.

MINIMUM CASE & HOURLY REQUIREMENTS: The contractor should prepare to meet the following minimum case and hourly requirements for each type of laser service provided within a calendar year:

· Holmium Laser: A minimum of 60 cases and 88 hours of work.

· Carbon Dioxide (CO2) Laser: A minimum of 75 cases and 110 hours of work.

· Argon Laser: A minimum of 60 cases and 88 hours of work

· Pulsed Dye Laser (PDL): A minimum of 60 cases and 88 hours of work

· Neodymium-Doped Yttrium Aluminum Garnet (ND:YAG) Laser: A minimum of 60 cases and 88 hours

· Greenlight Laser: A minimum of 60 cases and 88 hours of work

· Thulium Laser: A minimum of 60 cases and 88 hours of work

· Coloplast Laser: A minimum of 60 cases and 88 hours of work

These minimum requirements are crucial for the contractor to effectively allocate resources and ensure that patient needs are met.

ULTRASOUND AND EQUIPMENT TECHNICIANS: The contractor will also be responsible for providing essential ultrasound equipment, including probes and disposables, as well as qualified ultrasound technicians. These technicians will assist with surgical cases conducted in both the operating room (OR) and minor procedure rooms. It is important that these services are available around the clock, including weekends and holidays (24/7/365), to accommodate the demands of patient care.

GOVERNMENT RESPONSIBILITIES: The medical staff at CMC VAMC will be tasked with performing all surgical procedures. To support the contractor's operational needs, the government will ensure that adequate space and necessary access to the operating room and minor procedure rooms are provided. This collaboration is vital for the seamless integration of the contractor’s equipment and personnel into the healthcare setting.

CONTRACTOR RESPONSIBILITIES:

A. EQUIPMENT & SUPPLIES: The contractor is responsible for providing a comprehensive range of necessary equipment, including, but not limited to, state-of-the-art laser systems, ultrasound devices, a variety of probes, medical disposables, and all other related supplies essential for the execution of the procedures. The contractor must ensure that all equipment meets industry standards and is suitable for the specific medical applications intended.

B. TECHNICIANS: The contractor shall ensure that all technicians assigned to operate the provided equipment are thoroughly qualified and possess the required training and certifications. This includes ongoing professional development to stay current with the latest technological advancements and practices. Technicians must be always available, 24 hours a day, 7 days a week, 365 days a year, to provide immediate support for all surgical cases, ensuring that any procedure can proceed without delay.

MAINTENANCE & SUPPORT: The contractor shall take full responsibility for the comprehensive maintenance and support of all provided equipment. This includes conducting regular preventative maintenance to enhance the lifespan and reliability of the equipment, addressing repairs promptly to minimize downtime, and arranging for any necessary equipment replacements. The contractor must maintain detailed records of maintenance activities and provide these records upon request to ensure transparency and accountability.

PERFORMANCE STANDARDS: The contractor is required to meet the following performance standards consistently:

a. Ensure the availability of both equipment and qualified technicians on a 24/7/365 basis to accommodate urgent and scheduled procedures.

b. Respond to requests for services promptly, with a clearly defined timeline for service delivery, ensuring that all needs are met without unnecessary delay.

c. Guarantee the proper functioning and routine maintenance of all equipment to prevent malfunctions during critical procedures.

d. Adhere to all applicable safety and regulatory standards, including those set by health authorities and governing bodies, to ensure compliance and promote a safe operational environment.

PERIOD OF PERFORMANCE: The period of performance for this IDIQ contract will be one base year with four one-year option periods. The Period of Performance reads as follows:

INVOICING: The contractor shall submit invoices monthly, detailing the services provided, including the number of cases and hours worked for each laser system. Payment will be made in accordance with the Prompt Payment Act and the terms of the contract.

POINTS OF CONTACT:

Certifying Officials:

Supervisory Program Analyst Ms. Laurie Rentz Laurie.Rentz2@va.gov or (215) 823-4468

Nurse Managers:

Nurse Manager Ms. Linda Beck Linda.Beck@va.gov or (215) 823-6677

Assistant Nurse Manager Mr. Blesson Philip blesson.philip@va.gov or 215-823-453

SECURITY: The contractor is required to adhere to all applicable security and confidentiality standards as mandated by relevant federal and state regulations. This includes strict compliance with the Health Insurance Portability and Accountability Act (HIPAA), which governs the protection of patient health information. Additionally, the contractor must implement appropriate administrative, physical, and technical safeguards to secure sensitive data. This includes conducting regular risk assessments, maintaining secure data storage and transmission protocols, and ensuring that all personnel receive proper training on privacy practices and data security measures. The contractor must also stay informed about any changes in regulations or best practices that impact the handling of confidential information.

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B.3 PRICE/COST SCHEDULE

This is a solicitation for Indefinite Quantity contract the below estimated quantities are based on historic usage and are not a guarantee of future needs. The resulting contract will be a fixed price indefinite quantity contract and task orders will be out of the contract to satisfy actual requirements.

The quantities listed in the Price Schedule below are estimates only and are not to be considered a minimum or maximum.

The Government will order the below specified minimum contract value of services and may order up to and including the below specified maximum contract value of services through task orders under this basic Indefinite Delivery Indefinite Quantity (IDIQ) contract during the duration of the contract inclusive of all option periods (if applicable). The maximum amount under this contract is not guaranteed.

The guaranteed minimum award amount for this contract is $2,500.00. The maximum aggregate value of all orders placed under this contract shall not exceed $900,000.00. The Government does not guarantee that it will place any orders under this contract in excess of the guaranteed minimum award amount.

ITEM INFORMATION

Laser Equipment Rental Services: Holmium Laser Period of Performance: 07/01/2025-06/30/2030 PRINCIPAL NAICS CODE: 532490 - Other Commercial and Industrial Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W065 - Lease or Rental of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Laser Equipment Rental Services: Carbon Dioxide (CO2) Laser

PRINCIPAL NAICS CODE: 532490 - Other Commercial and Industrial Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W065 - Lease or Rental of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Laser Equipment Rental Services: Argon Laser

PRINCIPAL NAICS CODE: 532490 - Other Commercial and Industrial Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W065 - Lease or Rental of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Laser Equipment Rental Services: Pulsed Dye Laser (PDL)

PRINCIPAL NAICS CODE: 532490 - Other Commercial and Industrial Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W065 - Lease or Rental of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Laser Equipment Rental Services: Neodymium-Doped Yttrium Aluminum Garnet (ND:YAG) Laser

PRINCIPAL NAICS CODE: 532490 - Other Commercial and Industrial Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W065 - Lease or Rental of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Laser Equipment Rental Services: Greenlight Laser

PRINCIPAL NAICS CODE: 532490 - Other Commercial and Industrial Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W065 - Lease or Rental of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Laser Equipment Rental Services: Thulium Laser

PRINCIPAL NAICS CODE: 532490 - Other Commercial and Industrial Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W065 - Lease or Rental of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Laser Equipment Rental Services: Coloplast Laser

PRINCIPAL NAICS CODE: 532490 - Other Commercial and Industrial Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W065 - Lease or Rental of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Technicians IAW SOW. NOT TO EXCEED CEILING PRICE.

PRINCIPAL NAICS CODE: 532490 - Other Commercial and Industrial Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W065 - Lease or Rental of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

B.4 DELIVERY SCHEDULE

Corporal Michael J. Crescenz VA Medical Center 3900 Woodland Avenue Philadelphia, PA 19104

USA

Laurie.Rentz2@va.gov 215-823-4468

Corporal Michael J. Crescenz VA Medical Center 3900 Woodland Avenue Philadelphia, PA 19104

USA

Corporal Michael J. Crescenz VA Medical Center 3900 Woodland Avenue Philadelphia, PA 19104

USA

Corporal Michael J. Crescenz VA Medical Center 3900 Woodland Avenue Philadelphia, PA 19104

USA

Corporal Michael J. Crescenz VA Medical Center 3900 Woodland Avenue Philadelphia, PA 19104

USA

Corporal Michael J. Crescenz VA Medical Center 3900 Woodland Avenue Philadelphia, PA 19104

USA

Corporal Michael J. Crescenz VA Medical Center 3900 Woodland Avenue Philadelphia, PA 19104

USA

Corporal Michael J. Crescenz VA Medical Center 3900 Woodland Avenue Philadelphia, PA 19104

USA

Corporal Michael J. Crescenz VA Medical Center 3900 Woodland Avenue Philadelphia, PA 19104

USA

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

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

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

(End of Addendum to 52.212-4)

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2025)

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

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

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115–91).

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

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

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

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

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

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

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

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

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

[X] (4) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

[X] (5) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (6) [Reserved] [] (7) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (9) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).

[] (10) 52.204–28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115–390, title II).

[X] (11)(i) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (DEC 2023) (Pub. L. 115–390, title II).

[] (ii) Alternate I (DEC 2023) of 52.204–30.

[X] (12) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

[] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

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

[X] (16) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (17) [Reserved] [] (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

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

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

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

[X] (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).

[X] (21)(i) 52.219–9, Small Business Subcontracting Plan (SEP 2023) (15 U.S.C. 637(d)(4)).

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

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

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

[] (v) Alternate IV (SEP 2023) of 52.219–9.

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

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

[] (23) 52.219–14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

[X] (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[] (25) 52.219–27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns…