RFQ 36C26223Q1678 _ 9.1.23.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. UEI: EFT:

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. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

36C26223Q1678 09-01-2023

Dela Cruz, Anthony 562-766-2284 09-14-2023 7:00 am PST

36C262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

X 100

X

541519

$34 million

NET 30

X

N/A

X

36C262

Department of Veterans Affairs (VA) Veteran Integrated Services Network (VISN) 22

36C262

Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

Department of Veterans Affairs Financial Services Center Submit invoices electronically to:

https://www.tungsten-network.com Tungsten support: 1-877-489-6135

See CONTINUATION Page

This is a requirement for Clinical Decision Support System (CDSS) software annual license fee brand name Brillians (Formerly SupraVISTA) or equal in accordance with (IAW) B.3 Statement of Work.

The Government intends to award a single contract, Firm-Fixed Price for 1-year base period and four 1-year optional periods.

Request for Quote (RFQ) 36C26223Q1678 is set-aside for small business competition in the open market.

Reference E.5 ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO

OFFERORS COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES.

See CONTINUATION Page

X X

X 1

CECIL S. NICHOLS VA-VHA-2021-84859FDA

Contracting Officer https://www.tungsten-network.com/

36C26223Q1678

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 STATEMENT OF WORK

B.4 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

C.1 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE,

AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER

COVERED ENTITIES (NOV 2021)

C.2 52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN

2023)

C.3 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (DEC 2022)

C.4 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JUN 2023)

C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR2000)

C.7 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2020)

C.8 52.225-1 BUY AMERICAN—SUPPLIES (OCT 2022)

C.9 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

C.10 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—SYSTEM FOR

AWARD MANAGEMENT (OCT 2018)

C.11 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

C.12 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023)

C.13 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.14 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (NOV 2022)

C.15 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.16 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEN 1998)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION CLAUSES AND PROVISIONS

E.1 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.3 52.211-6 BRAND NAME OR EQUAL (AUG 1999)

E.4 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAR 2023)

E.5 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS— COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

E.6 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

E.8 52.216-1 TYPE OF CONTRACT (APR 1984)

E.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

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 36C262

Department of Veterans Affairs

Network Contracting Office 22

4811 Airport Plaza Drive, Suite 600

Long Beach CA 90815

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

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

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Approved Invoice Per Contract Terms and Conditions

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

Financial Services Center

P.O. Box 149971

Submit invoices electronically to:

http://www.tungsten-network.com

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

AMENDMENT NO DATE

http://www.tungsten-network.com/

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 YR __________ ________

BRAND NAME OR EQUAL

Annual Licensing Fee for Brillians (formerly SupraVISTA) Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies MANUFACTURER PART NUMBER (MPN): Brillians License

Annual Licensing Fee for Brillians (formerly SupraVISTA) Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

Annual Licensing Fee for Brillians (formerly SupraVISTA) Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

Annual Licensing Fee for Brillians (formerly SupraVISTA) Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

Annual Licensing Fee for Brillians (formerly SupraVISTA)

Contract Period: Base

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

Annual Licensing Fee for Brillians (formerly SupraVISTA) Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

Annual Licensing Fee for Brillians (formerly SupraVISTA) Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

Annual Licensing Fee for Brillians (formerly SupraVISTA) Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

Annual Licensing Fee for Brillians (formerly SupraVISTA) Contract Period: Option 1 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

Contract Period: Option 1 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

Annual Licensing Fee for Brillians (formerly SupraVISTA) Contract Period: Option 1 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

Annual Licensing Fee for Brillians (formerly SupraVISTA) Contract Period: Option 1 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

Annual Licensing Fee for Brillians (formerly SupraVISTA) Contract Period: Option 1 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

Annual Licensing Fee for Brillians (formerly SupraVISTA) Contract Period: Option 1 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

Annual Licensing Fee for Brillians (formerly SupraVISTA) Contract Period: Option 1 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

Annual Licensing Fee for Brillians (formerly SupraVISTA) Contract Period: Option 1 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

Annual Licensing Fee for Brillians (formerly SupraVISTA) Contract Period: Option 2 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

Annual Licensing Fee for Brillians (formerly SupraVISTA) Contract Period: Option 2 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

Annual Licensing Fee for Brillians (formerly SupraVISTA) Contract Period: Option 2 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

Annual Licensing Fee for Brillians (formerly SupraVISTA) Contract Period: Option 2 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

Annual Licensing Fee for Brillians (formerly SupraVISTA) Contract Period: Option 2 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

Annual Licensing Fee for Brillians (formerly SupraVISTA) Contract Period: Option 2 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

Annual Licensing Fee for Brillians (formerly SupraVISTA) Contract Period: Option 2 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

Annual Licensing Fee for Brillians (formerly SupraVISTA) Contract Period: Option 2 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 541519 - Other Computer Related

Services PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

Annual Licensing Fee for Brillians (formerly SupraVISTA) Contract Period: Option 3 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

Annual Licensing Fee for Brillians (formerly SupraVISTA) Contract Period: Option 3 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

Annual Licensing Fee for Brillians (formerly SupraVISTA) Contract Period: Option 3 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

Annual Licensing Fee for Brillians (formerly SupraVISTA) Contract Period: Option 3 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

Annual Licensing Fee for Brillians (formerly SupraVISTA) Contract Period: Option 3 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

Annual Licensing Fee for Brillians (formerly SupraVISTA) Contract Period: Option 3 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

Annual Licensing Fee for Brillians (formerly SupraVISTA) Contract Period: Option 3 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

Annual Licensing Fee for Brillians (formerly SupraVISTA) Contract Period: Option 3 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

Annual Licensing Fee for Brillians (formerly SupraVISTA) Contract Period: Option 4 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

Contract Period: Option 4 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

Annual Licensing Fee for Brillians (formerly SupraVISTA) Contract Period: Option 4 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

Annual Licensing Fee for Brillians (formerly SupraVISTA) Contract Period: Option 4 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

Annual Licensing Fee for Brillians (formerly SupraVISTA) Contract Period: Option 4 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

Annual Licensing Fee for Brillians (formerly SupraVISTA) Contract Period: Option 4 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

Annual Licensing Fee for Brillians (formerly SupraVISTA) Contract Period: Option 4 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

Annual Licensing Fee for Brillians (formerly SupraVISTA) Contract Period: Option 4 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

GRAND

TOTAL

B.3 STATEMENT OF WORK

3.1 Introduction of the effort.

• After implementation at 2 VISN 22 facilities (Northern AZ and New Mexico), VISNs 10, 9, 17, 15 and 19, totaling approximately 60 VHA facilities), plus review of operational Best Practices, VISN 22 is purchasing a specialized Clinical Decision Support System (CDSS) to supplement its principal tool, CPRS/VistA.

Reasons why effort is required now.

• VA’s Electronic Health Record Modernization is currently stalled and under review.

VISN investment into legacy software for frontline staff is needed to minimize risk in a High Reliability Organization. With effective CDSS patient risk of critical errors and staff time can be minimized.

Summary of prior research conducted in this area.

• In addition to the two VISN 22 facilities noted above, to date ~four VISNs and ~40

Facilities have purchased and tested comparable CDSS with favorable reviews from frontline users. More are in the pipeline. VACO Primary Care is spearheading a potential Enterprise-wide contract.

3.2. Objective:

a. Acquire proven CDSS to reduce patient risk while increasing clinician productivity and satisfaction.

b. Timely implement with a minimum of VA staff time and expense.

1. Summary of Services to be Provided:

1. Fully functional, Commercial Off the Shelf (COTS) Clinical Decision Support Software that works in tandem with CPRS. Software must seamlessly pull data from CPRS/Vista without any negative effects on CPRS/Vista.

2. Compliance with VA information security guidelines including VA TRM approval on VA systems.

i. Within 120 days of Contract, Vendor is to provide live product.

ii. Within 90 days of Contract, if not already approved, Vendor CDSS will have required Veterans Administration Information Technology approval (e.g., TRM)

3. Features and tools are to include:

i. Automated Data Analysis searching local and remote VistA (Veterans Health Information System and Technology Architecture): Views hundreds of data elements in the patient’s chart and creates a short list of items that need the clinician’s attention.

1. Direct, point-of-care clinical decision support for various clinical roles, including providers (inpatient and outpatient), nurses, pharmacists, dieticians, and quality management.

2. Detailed data analysis to identify high-risk findings in patients' EHRs, addressing information overload and clinical errors.

3. Efficient presentation of detailed information about the high-risk findings with minimal effort.

4. Inclusion of tools to expedite common clinical tasks

ii. System, disease, and specialty centric views of clinical data

iii. Google-like keyword search to include multiple data silos

1. Find and search text documents.

2. Formulary search

3. Vista Imaging title search

4. VA and DOD Remote data

iv. Letter Writer (interactive and batch mode)

v. Progress Note Writer

vi. RX Writer

vii. Task Manager

viii. Medical calculators https://www.oit.va.gov/Services/TRM/ToolPage.aspx?tid=7557&tab=2

1. Annual software license shall allow the use of the licensed software on unlimited number of workstations by unlimited number of users throughout the above-named VA Medical Centers and CBOCs.

2. Product updates and technical support included at no additional cost for the life of the license.

3. Installation and configuration of the software on the user’s system at no additional cost

4. Training materials

5. Progress reports to designated Point of Contact (POC) at the VAMCs.

2. Services Not Covered by Contract:

a. Authorization for any work outside the scope of this contract must be received by the Contracting Officer prior to performance of work or the payment will not be authorized.

b. Hours of Coverage: The contractor will provide all required services within the normal business hours (8:00 AM to 4:30 PM M-F). Note: Software update/upgrade installations shall be scheduled and performed during normal hours of coverage at no additional charge to the government.

3.3 MAJOR REQUIREMENTS:

• Coordinate with VA Information Technology at facility and VISN levels to appropriately install and configure all required software onto designated secure facility servers

• Provide training to super users and clinical staff

• In coordination with VA Information Technology, troubleshoot any issues that may arise

• Provide software upgrades and compatibility fixes over the term of the contract

3.4 GOVERNMENT FURNISHED INFORMATION OR MATERIAL:

• There is no government furnished property other than servers upon which the software is to be installed.

• Vendor will provide software application in electronic form, e.g., download from the vendor’s website.

• The configuration, installation, end-user training and technical support are provided by VA’s internal resources.

• There is no contractor acquired property.

• GFP and CAP are irrelevant to this project.

• Statement of COR as Property Administrator is irrelevant to this project.

3.5 MEETINGS AND REVIEWS:

• Based on related experience at many VA facilities, scheduled meetings and reviews are not required. Meetings may be scheduled as needed for task, upgrades, training or troubleshooting.

3.6 TRAVEL REQUIREMENTS:

No travel is involved as part of this contract.

3.7 CONTRACTING OFFICER'S REPRESENTATIVE (COR):

a. Identify the Government personnel (and an alternate, if possible) and phone number who will be the technical representative.

b. No Government personnel, other than the Contracting Officer, have the authority to change or alter these requirements. The COR shall clarify technical points or supply relevant technical information, but no requirements in this scope of work may be altered as a sole result of such verbal clarification."

3.8 REPORTS/DELIVERABLES:

• Staff usage and other user data files are to be located on VA controlled

• Availability of the above files to VA software administrators fulfills and replaces need for most vendor reports. Progress reports to designated Point of Contact (POC) at the VAMCs.

3.9 PERIOD OF SERVICE:

a) The Contractor shall provide the capability of downloading the software within thirty (30) business days from contract award. Training of staff is provided by the VA staff and coordinated with respective internal resources.

The contract period of performance:

a. Base Period:

b. Option Period 1:

c. Option Period 2:

d. Option Period 3:

e. Option Period 4:

3.10 SECURITY/NATIONAL AGENCY CHECK REQUIREMENTS:

• FITARA approved or waived

• 6500.6

• Approved for VA distribution at Technology/Standard List (va.gov) https://www.oit.va.gov/Services/TRM/ToolListSummaryPage.aspx

B.4 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY

DELIVERY

DATE

0001 SHIP TO: VA New Mexico Healthcare System 1501 San Pedro Drive, Southeast Albuquerque, NM 87108 5153

USA

1.00

0002 SHIP TO: VA Phoenix Healthcare System 650 East Indian School Road Phoenix, AZ 85012 1839

0003 SHIP TO: VA Northern Arizona Healthcare System 500 Highway 89 North Prescott, AZ 86313 5001

0004 SHIP TO: VA Southern Arizona Healthcare

3601 South Sixth Avenue Tucson, AZ 85723 0001

0005 SHIP TO: VA Long Beach Healthcare System 5901 East 7th Street.

Long Beach, CA 90822

0006 SHIP TO: VA Loma Linda Healthcare System 11201 Benton Street Loma Linda, CA 92357

0007 SHIP TO: VA San Diego Healthcare System 3350 La Jolla Village Drive San Diego, CA 92161 0002

0008 SHIP TO: VA Greater Los Angeles Healthcare System 11301 Wilshire Boulevard Los Angeles, CA 90073 1003

1001 SHIP TO: VA New Mexico Healthcare

1501 San Pedro Drive, Southeast Albuquerque, NM 87108 5153

1002 SHIP TO: VA Phoenix Healthcare System

Phoenix, AZ 85012 1839

USA

1003 SHIP TO: VA Northern Arizona Healthcare System 500 Highway 89 North Prescott, AZ 86313 5001

1004 SHIP TO: VA Southern Arizona Healthcare

3601 South Sixth Avenue Tucson, AZ 85723 0001

1005 SHIP TO: VA Long Beach Healthcare System

Long Beach, CA 90822

1006 SHIP TO: VA Loma Linda Healthcare System

Loma Linda, CA 92357

1007 SHIP TO: VA San Diego Healthcare System

San Diego, CA 92161 0002

1008 SHIP TO: VA Greater Los Angeles

11301 Wilshire Boulevard Los Angeles, CA 90073 1003

2001 SHIP TO: VA New Mexico Healthcare

1501 San Pedro Drive, Southeast Albuquerque, NM 87108 5153

2002 SHIP TO: VA Phoenix Healthcare System

Phoenix, AZ 85012 1839

2003 SHIP TO: VA Northern Arizona Healthcare

500 Highway 89 North Prescott, AZ 86313 5001

2004 SHIP TO: VA Southern Arizona Healthcare

3601 South Sixth Avenue Tucson, AZ 85723 0001

2005 SHIP TO: VA Long Beach Healthcare System 5901 East 7th Street.

Long Beach, CA 90822

2006 SHIP TO: VA Loma Linda Healthcare System

Loma Linda, CA 92357

2007 SHIP TO: VA San Diego Healthcare System

San Diego, CA 92161 0002

2008 SHIP TO: VA Greater Los Angeles

11301 Wilshire Boulevard Los Angeles, CA 90073 1003

3001 SHIP TO: VA New Mexico Healthcare

1501 San Pedro Drive, Southeast Albuquerque, NM 87108 5153

3002 SHIP TO: VA Phoenix Healthcare System

Phoenix, AZ 85012 1839

3003 SHIP TO: VA Northern Arizona Healthcare

500 Highway 89 North Prescott, AZ 86313 5001

3004 SHIP TO: VA Southern Arizona Healthcare

3601 South Sixth Avenue Tucson, AZ 85723 0001

3005 SHIP TO: VA Long Beach Healthcare System

Long Beach, CA 90822

3006 SHIP TO: VA Loma Linda Healthcare System

Loma Linda, CA 92357

3007 SHIP TO: VA San Diego Healthcare System

San Diego, CA 92161 0002

USA

3008 SHIP TO: VA Greater Los Angeles Healthcare System 11301 Wilshire Boulevard Los Angeles, CA 90073 1003

4001 SHIP TO: VA New Mexico Healthcare

1501 San Pedro Drive, Southeast Albuquerque, NM 87108 5153

4002 SHIP TO: VA Phoenix Healthcare System

Phoenix, AZ 85012 1839

4003 SHIP TO: VA Northern Arizona Healthcare

500 Highway 89 North Prescott, AZ 86313 5001

4004 SHIP TO: VA Southern Arizona Healthcare

3601 South Sixth Avenue Tucson, AZ 85723 0001

4005 SHIP TO: VA Long Beach Healthcare System

Long Beach, CA 90822

4006 SHIP TO: VA Loma Linda Healthcare System

Loma Linda, CA 92357

4007 SHIP TO: VA San Diego Healthcare System

San Diego, CA 92161 0002

4008 SHIP TO: VA Greater Los Angeles

11301 Wilshire Boulevard Los Angeles, CA 90073 1003

SECTION C - CONTRACT CLAUSES

C.1 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE,

SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY

LAB AND OTHER COVERED ENTITIES (NOV 2021)

(a) Definitions. As used in this clause—Covered article means any hardware, software, or service that—

(1) Is developed or provided by a covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a covered entity.

Covered entity means—

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115–91) prohibits Government use of any covered article. The Contractor is prohibited from—

(1) Providing any covered article that the Government will use on or after October 1, 2018;

and

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement. (1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:

https://dibnet.dod.mil/ https://dibnet.dod.mil/

(i) Within 1 business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number);

item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: Any further available information about mitigation actions undertaken or recommended.

In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

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

(End of Clause)

C.2 52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION

(JUN 2023)

(a) Definitions. As used in this clause—

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

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

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

(i) Of that equipment; or

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

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

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

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L.

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

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

(End of Clause)

C.3 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

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

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

and

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 4701 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

(End of Clause)

C.4 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (JUN 2023)

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

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

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

115–91).

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

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

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

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

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

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

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

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

3509).

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

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

[] (5) [Reserved]

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

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

[X] (8) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).

[X] (9) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.