RFQ S02. 36C26324Q1046.pdf

PAGE 1 OF 831. 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

36C26324Q1046 07-29-2024

James Miller 319-338-0581 08-08-2024

10:00 CDT

36C263

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

1303 5th St, Suite 300 Coralville IA 52241

X 100

X

334510

1250 Employees

N/A

X

36C636

Department of Veterans Affairs Omaha VA Medical Center 4101 Woolworth Ave Omaha NE 68105-1850

36C263

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

1303 5th St, Suite 300 Coralville IA 52241

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971

See CONTINUATION Page

Olympus Tower Upgrade for the Omaha VA Medical centera as described in the statement of work.

See CONTINUATION Page

X X

X 1

Jesse Sweesy

VA-VHA-RPOC-2023-0042

36C26324Q1046

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 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

C.2 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

C.3 VAAR 852.211-76 LIQUIDATED DAMAGES – REIMBURSEMENT FOR DATA

BREACH COSTS (FEB 2023) ALTERNATE I (FEB 2023)

C.4 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

C.5 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (JAN 2023)

(DEVIATION)

C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.7 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.8 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

C.9 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2024)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023)

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

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.4 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.5 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.7 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.9 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C263

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

1303 5th St, Suite 300

Coralville IA 52241

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] Upon receipt and delivery

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.

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

AMENDMENT NO DATE

B.2 Statement of Work Statement of Work

NWIHCS Surgery ICC

Scope System Upgrade

I. Statement of Work

a. Description of Work: The contractor is expected to supply, deliver and install the equipment listed in table 1 of this document. The items provided must work/be backward compatible with existing Olympus video equipment.

After set-up, the contractor will be required to demonstrate that the system works as designed. Once this is completed and accepted by the COR, or designee, the contractor will provide no cost on-site training for the clinical staff upon delivery and installation. The contractor will be required to dispose of all packing materials.

b. On-Site Support: To assist personnel with installation of equipment.

Coordinate Schedules with audiovisual providers and boom manufacturers for installation. Set-up and break-down of plug and play video tower/system equipment according to the manufacture instructions. Provide in-service sessions for operation room personnel on equipment regularly based on staff needs. Provide clinical equipment management support on all equipment.

Evaluate and resolve equipment malfunctions as necessary. Coordinate periodic evaluations of the equipment with the customer to make determination as to repair or replace needs in the event of damage, loss, wear and tear, etc.. Perform routine maintenance on equipment, including pre-use inspection, evaluation of equipment malfunction as necessary, and periodic functionality testing to proactively prevent issues during operation.

Work with the customer to schedule inspection, repair, and/or replacement of equipment when damaged, worn, and lost, etc. Follow procedures to notify, track and report lost of damaged equipment. Coordinate with customer shipping and receiving departments, and service groups to expedite repairs of the equipment.

TABLE 1

Table 1 Continued

Table 1 Continued

c. Schedule of Deliverables:

See Table 1.

2. Program Office Point of Contact and/or Contracting Officer Technical Representative (COTR): CAN Surgery: Jessica Wolters, Jessica.Wolters@va.gov, 402-930-7415

3. Government Furnished Property: The contractor is required to furnish all tools and equipment to set-up/install this equipment. No GFE will be furnished.

mailto:Jessica.Wolters@va.gov

4. Contractor Personnel Security Requirement: The contractor will not be required to access PHI, so they will not be required to complete privacy or information security training prior to performing work

5. Delivery and Packing, Inspection/Acceptance requirements, Warranty:

The system is to be delivered to the Omaha VA Hospital 4101 Woolworth Ave, Omaha NE 68105. The contractor will be notified of the date the equipment will arrive at our facility and will schedule a date with the COR, or designee, for on-site set-up and installation of the System. After arrival, the System will be received by our Logistics/Warehouse staff, received in the services Equipment Inventory (EIL), barcoded and safety inspected by Biomedical Engineering. The purchase of the Annual preventative maintenance/quality control visit and one-year extended warranty shall be included in the purchase of this equipment.

Equipment Salient Information

TC-C4 Trolley US Set 1 – (K10029884)

- The compact design means the TC-C4 is ideal for use in facilities where space is limited.

- The compact trolley is easy to move due to its lightweight and integrated handles at the front and rear of the top tray.

- The TC-C4 is offered with a choice of monitor arm or monitor mount for optimal image viewing position. Required #MAJ-2147 – Compact LCD Monitor Arm

- The top tray provides a large space for working or can be used to place equipment for increased storage capacity.

- Optimized cable management is achieved through channels in the columns and cable ties on rear of shelf.

- Optional transformer placed under the base allows for increased shelf space for equipment loading.

- A sliding keyboard tray is located under the top shelf.

Dimensions

1110 mm (H) x 675 mm (D) x 534 mm (W)

Height to top tray work surface - 1100 mm

Height with 26" LCD monitor in highest position - 1945 mm

31” 4K Sony Medical Grade Monitor – (LMD-X310S)

- Provides higher contrast with less color blurring thanks to OptiContrast™ panel technology

- Supports 4K resolution (4096 × 2160 pixels) and a wider color gamut

- Thinner and lighter compact design

- Requires SDI Cable (#MAJ-1951)

Dimensions width 753.8 mm, height 456.4 mm, depth 69.3 mm

Weight (monitor)............................................11.8 kg

Efficient size................... 698 x 368 mm

Aspect ratio LMD-X310S................................... 17:9

VISERA ELITE II Video System Center – (OTV-S200)

NBI (Narrow Band Imaging) feature

All-in-one (light source and processor) works for multiple specialties and works with multiple Olympus video scopes for seamless workflow from department to department

Clinical Benefits

- Promotes accurate diagnosis and precise surgical treatment by achieving reproduction of natural color, fine patterns and structures of tissue via LED light.

- Supports critical surgical decision making with NBI,® a proprietary optical image enhancement technology that is only available on Olympus products. It generates high contrast of blood vessels on the mucosal surface.

Economic Benefits

- Reduces the initial investment of the overall imaging system by adopting the integrated processor and light source.

- Decreases operating costs with the elongated use period of LED lights in the compact system.

- Supports easy, inexpensive upgrades with a simple one-box backward compatibility system.

Usability Benefits

- Simplifies workflow in the operating room with the all-in-one compact system.

- Touch-panel screen enables quick & easy operation for user presets setup.

- Up to 20 customizable user settings can be registered to accommodate multiple surgeons’ preference.

Visera Elite II Key board – (MAJ-1921)

- Key board is required for use with OTV-S200

StrobeLED Stroboscopy System – (CLL-S1)

StrobeLED is the stroboscopy light source from Olympus that is specially designed for laryngologists and voice experts. It enables incredibly precise and noise-free examination and diagnosis of voice disorders.

- Reliable stroboscopy algorithm

- No flickering in video, no blackouts, noise –free

- Great illumination in permanent and stroboscopy mode

- No side tone distraction during examination

- Adjustable duty cycle: Choice between more resolution or more brightness, depending on the application

- Low energy consumption (< 55W): Low lifetime costs and environmentally friendly compared to conventional lamps

- System includes: Light source, foot switch, microphone (incl. extension cable), 2 BNC cables, 4 foot holders, 2 spare fuses and power cable.

- Requires Microphone Extension Set (#W7102539)

Dimensions - width 370 mm, height 111 mm, depth 475 mm

Weight - 7.85 kg

Illumination – LED lamp

Operating hours - 2,000 hours

Celon Elite Generator – (#90002A)

- Intelligent tissue monitoring – allows precise and safe tissue ablation for multiple ENT indications

- Multiple uses in the ENT clinic - it can also be used to perform standard electrosurgery in the ENT office or operating room

- Settings can be personalized which simplifies the everyday work routine for the ENT specialist and medical staff

Smart Tissue Monitoring (FOR SAFE AND EFFICIENT PROCEDURES)

- Impedance Feedback and Autostop in RFITT Procedures

- Audible and visible impedance feedback ensures full control

- Automatic stop of energy supply when impedance threshold of tissue is reached – no overdose effects

Autostart feature

- Automatic coagulation when bipolar forceps touch the tissue

- No foot-switch activation required

For use with Celon Elite Probes

- WB990310 CelonProBreath, (5 pcs/box)

- WB990311 CelonProSleep plus, (5 pcs/box)

System includes: generator, foot pedal, and power cord nCare Data Management Unit, single channel – (ISM-1006539)

HD recording of images and video

Seamlessly send images and video to VISTA, through VaultStream server already acquired by VA (requires connection fees; ISM-1010008, ISM-1008536, and one-time fee ISM-

NCARESWCONFIG)

Features

- One-button power control from the cart

- SDI-direct connection to the recorder

- Control via a touch panel, remote PC, or iPad®

- Patient data integration via DICOM and HL7

- High-quality, live video loop for secondary display

- Full-screen video preview on the primary display

- Side-by-side comparative analysis

- Capture image of virtually any video signal up to 1080p HD

- Standard MPEG-4 video and JPEG image formats

- Remote Capture with iPad® or iPhone®

- Recording status and PiP flash capture confirmation

- Captured image count

- Precise video playback of high-resolution images

- Free text labeling for videos, images, and print reports

- StreamGuard™ data protection

- Aid in HIPAA Compliance

Requires Accessories below:

- 15” nCare Medical Grade Touch Panel Monitor and Monitor Stand (ISM-1007451 and

ISM-1007673)

- DV-R footswitch for nStream (IS40020)

- GX Tally Light (IS40916)

- Stroboscopy Throat Microphone (WA97013A)

Requires Connection Fees below:

- VaultStream Content Management License (ISM-1010008)

- VaultStream Interfaces License (ISM-1008536)

- VaultStream Connection Fee one-time (ISM-NCARESWCONFIG)

Camera Head – (CH-S200-XZ-EA)

- Required for use to Visera Elite ll Video System (OTV-S200)

Features

- 3 - HD CMOS image sensors

- Special Light Observation

- Small, Compact Designs and Light Weight

- 2× Optical “Power” Zoom

- Fiber Mode

- Autoclave, Sterrad, and V-Pro Compatibility

- NBI Observation Mode

- Weight – 295g

- Focal length - 15.9 to 31.3mm

Flexible HD Rhino-Laryngo Videoscope – (ENF-VH)

- FULL HD image quality

- NBI (Narrow Band Imaging) Feature

- Sterrad and V-Pro Compatible

- Compatible with StrobeLED (CLL-S1), Visera Elite ll (OTV-S200) and other Olympus platforms

Exceptional Luminosity

- Although they have a small diameter, these scopes still illuminate a broad area, providing a detailed image of any lesions within the field of view. This exceptional luminosity is especially useful when observing the anatomy with NBI

Wide Field of View

- The ENF-VH has a viewing angle of 110.° And with HD resolution and exceptional illumination, allows inspection of every corner of the field.

Pre-Freeze Function

- Scope continuously capture still images even before pushing the Pre-freeze button.

When you press the button, the system automatically selects the sharpest image among several images

Specifications

Optical

Field of view 110°

Depth of field 5.0-50 mm

Insertion Tube

Distal end outer diameter 3.9 mm

Insertion tube outer diameter 3.6 mm

Working length 300 mm

Bending Section

Angulation range Up 130°/Down 130°

Total Length 510 mm

Number of Remote Buttons – 4

Flexible HD Therapeutic Rhino-laryngo Videoscope – (ENF-VT3)

- HD image quality

- NBI (Narrow Band Imaging) Feature

- Compatible with StrobeLED (CLL-S1), Visera Elite ll (OTV-S200) and other Olympus platforms

- 4 way angulation (up/down, left/right)

- Sterrad and V-Pro compatible

- Replaces discontinued scope ENF-VT2

- Compatible with laser treatment and high frequency treatment

Specifications

Optical

Field of view 90°

Direction of view 0° (forward viewing)

Depth of field 2 – 50 mm

Insertion Section

Distal end outer diameter 4.8 mm

Insertion tube outer diameter4.9 mm

Insertion section working length 365 mm

Total length 645 mm

Instrument Channel

Channel inner diameter 2.0 mm

Minimum visible distance 3.5 mm

Bending Section

Angulation range Up/Down 130°, Right/Left 70

Rigid HD Laryngoscope – (WA96100A)

10mm, 70 degree HD rigid laryngoscope for use with Stroboscopy (StrobeLED compatible), includes detachable handle

Features

- 10 mm diameter, 70° direction of view

- 167 mm working length

- Light post down

- Autoclavable, Sterrad and V-Pro compatible

NARA Records Management Language for Contracts (May 2017):

Records Management Language for Contracts | National Archives

We are pleased to announce that the Records Management Contract Language has been updated on our records management website. NARA has long-provided sample language to use in contracts. This update reflects changes in the way Government creates and manages records and current legal obligations.

Federal agencies need to determine what Federal records management requirements should be included in their contracts. Federal contractors often create, send, or receive Federal records.

Contracts should provide clear legal obligations describing how the contract employees must handle Federal records.

This language should not replace specific records management requirements included within Federal information system contracts.

Agency records officers, procurement counsel, and acquisitions officers must discuss how to integrate records management obligations into their existing procurement processes. NARA has developed the following language to be included as an agency-specific term and condition in Federal contracts for a variety of services and products. The majority of contracts should include language on records management obligations, but each contract should be evaluated individually. For example, the data-rights paragraph (Paragraph 10 below) may not be appropriate for all contracts. Instead, agencies may be better served by one of the established data-rights clauses in the Federal Acquisition Regulations.

This language should not replace specific records management requirements included within Federal information system contracts.

RECORDS MANAGEMENT OBLIGATIONS

A. Applicability

This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

B. Definitions “Federal Record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under https://www.archives.gov/records-mgmt/policy/records-mgmt-language https://www.archives.gov/records-mgmt/policy/records-mgmt-language

Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

1. includes [Department of Veteran Affairs] records.

2. does not include personal materials.

3. applies to records created, received, or maintained by Contractors pursuant to their [Department of Veteran Affairs] contract.

4. may include deliverables and documentation associated with deliverables.

C. Requirements

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. [VA Nebraska-Western Iowa Health Care System] and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of [VA Nebraska-Western Iowa Health Care System] or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701.

In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to [VA Nebraska-Western Iowa Health Care System].

The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to [VA Nebraska-Western Iowa Health Care System] control or the Contractor must hold it until otherwise directed.

Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and [VA Nebraska-Western Iowa Health Care System] guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with [VA Nebraska-Western Iowa Health Care System] policy.

8. The Contractor shall not create or maintain any records containing any non-public [VA Nebraska-Western Iowa Health Care System] information that are not specifically tied to or authorized by the contract.

9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

10. The [VA Nebraska-Western Iowa Health Care System] owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which [VA Nebraska-Western Iowa Health Care System] shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

[Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.]

D. Flowdown of requirements to Subcontractors

1. The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same.

2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4.00 EA __________________ __________________

LMD-X310ST 31 inch 4K/3D Sony Monitor PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

LOCAL STOCK NUMBER: K10029894

MAJ-2147 COMPACT LCD MONITOR ARM

PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, LOCAL STOCK NUMBER: MAJ-2147

MAJ-2145 ENT SCOPE HANGER

PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, LOCAL STOCK NUMBER: MAJ-2145

2.00 EA __________________ __________________

LMD-X310ST 31 inch 4K/3D Sony Monitor

PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, LOCAL STOCK NUMBER: LMD-X310ST

LMD-X310ST 31 inch 4K/3D Sony Monitor (Trade in for qty 2 @ $125.00 each) PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, LOCAL STOCK NUMBER: LMD-X310ST

SDI Cable 2.5M PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, LOCAL STOCK NUMBER: MAJ-1951

DVI-HDMI CABLE

PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, LOCAL STOCK NUMBER: DVI-HDMI CABLE

1.00 EA __________________ __________________

OTV-S200 NTSC W/ POWER CORD (EN)

PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, LOCAL STOCK NUMBER: OTV-S200

OTV-S200 NTSC W/ POWER CORD (EN) (2 trade-ins apply: Trade in for qty 1 @ $2600.00 each and Trade in for qty 1 @ $1250.00 each) PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, OTV-S200 NTSC W/ POWER CORD (EN) (2 trade-ins apply: Trade in for qty 1 @ $2600.00 each and Trade in for qty 1 @ $1500.00 each) PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, OTV-S200 NTSC W/ POWER CORD (EN) (Trade in for qty 1 @ $2600.00 each) PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, VISERA ELITE KEYBOARD

PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, LOCAL STOCK NUMBER: MAJ-1921

CH-S200-XZ-EA-U CH wth 3CMOS Autoclavble PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, LOCAL STOCK NUMBER: CH-S200-XZ-EA

11.00 EA __________________ __________________

CH-S200-XZ-EA-U CH wth 3CMOS Autoclavble (Trade in for qty 11 @ $425.00 each) PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, LOCAL STOCK NUMBER: CH-S200-XZ-EA

STROBELED LED STROBOSCOPY SYS WA95622A: USA POWER CORD

FOR ESG WA97010A STROBE LED CLL-S1

PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, LOCAL STOCK NUMBER: CLL-S1

MICROPHONE CABLE EXT CLL-S1

PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, LOCAL STOCK NUMBER: W7102539

Stroboscopy throat microphone PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, LOCAL STOCK NUMBER: WA97013A

HD AUTOCLAVABLE 3 CCD CAMERA HEAD E TYPE (Trade in for qty 1 @ $625.00 each) PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, LOCAL STOCK NUMBER: CH-S190-XZ-E nCare, Rec, Single, Dir SDI PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, LOCAL STOCK NUMBER: ISM-1006539

3.00 EA __________________ __________________

22" MEDICAL GRADE, TOUCHPANEL

PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, LOCAL STOCK NUMBER: ISM-1000230

22" MEDICAL GRADE, TOUCHPANEL (Trade in for qty 1 @ $425.00 each) PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, LOCAL STOCK NUMBER: ISM-1000230

DV-R footswitch for nStream 12 ft. (optional) PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, LOCAL STOCK NUMBER: IS40020

GX Tally Lamp PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing

PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, LOCAL STOCK NUMBER: IS40916

DVI Cable PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, LOCAL STOCK NUMBER: MAJ-1945

VAULTSTREAM CONTENT MANAGEMENT LICENSE

PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, LOCAL STOCK NUMBER: SM-1010008

VAULTSTREAM INTERFACES LICENSE

PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, LOCAL STOCK NUMBER: ISM-1008563

VaultStream Server Identification Key PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, LOCAL STOCK NUMBER: VSS-ID-KEY

Upgrade VSS to a new server PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, LOCAL STOCK NUMBER: VSS-UPGR-NEW-SVR

Install new VSS test server PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, LOCAL STOCK NUMBER: VSS-INST-NEW-T-SVR

HL7 design-test-migrate-new PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, LOCAL STOCK NUMBER: VSS-HL7-CONF-TST

11.00 EA __________________ __________________

FLEXIBLE VIDEO HD RHINO LARYNGO SCOPE (Trade in for qty 11 @ $850.00 each) PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, LOCAL STOCK NUMBER: ENF-VH

12.00 EA __________________ __________________

Trueview II, telescope, autoclavable, 0 degree direction of view PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, LOCAL STOCK NUMBER: A70960A

5.00 EA __________________ __________________

Trueview II, telescope, autoclavable,30 degree direction of view, wide angle field of view, 2.7x160mm working length PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, LOCAL STOCK NUMBER: A70961A

17.00 EA __________________ __________________

WA05990A INSTRUMENT TRAY FOR TELESCOPES

PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, LOCAL STOCK NUMBER: WA05990A

LIGHT SOURCE "ENDO LED", FOR RIGID ENDOSCOPES

PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, LOCAL STOCK NUMBER: WA91500A

LARYNGOSCOPE, TELESCOPE 70 (Trade in for qty 4 @ $400.00 each) PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic

Apparatus Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, LOCAL STOCK NUMBER: WA96100A

GRAND TOTAL __________________

B.4 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY DELIVERY DATE

0001 SHIP TO: Department of Veteran Affairs Nebraska-Western Iowa Health Care System 4101 Woolworth Ave Omaha, NE 68105 1850

USA

4.00

FOB: DESTINATION

0002 SHIP TO: Department of Veteran Affairs Nebraska-Western Iowa Health Care System 4101 Woolworth Ave

0003 SHIP TO: Department of Veteran Affairs

Care System 4101 Woolworth Ave

0004 SHIP TO: Department of Veteran Affairs

Care System 4101 Woolworth Ave

2.00

0005 SHIP TO: Department of Veteran Affairs

Care System 4101 Woolworth Ave

0006 SHIP TO: Department of Veteran Affairs

Care System

4101 Woolworth Ave

0007 SHIP TO: Department of Veteran Affairs

Care System 4101 Woolworth Ave

0008 SHIP TO: Department of Veteran Affairs

Care System 4101 Woolworth Ave

1.00

0009 SHIP TO: Department of Veteran Affairs

Care System 4101 Woolworth Ave

0010 SHIP TO: Department of Veteran Affairs

Care System 4101 Woolworth Ave

0011 SHIP TO: Department of Veteran Affairs

Care System 4101 Woolworth Ave

0012 SHIP TO: Department of Veteran Affairs

Care System 4101 Woolworth Ave

0013 SHIP TO: Department of Veteran Affairs

Care System 4101 Woolworth Ave

0014 SHIP TO: Department of Veteran Affairs Nebraska-Western Iowa Health Care System 4101 Woolworth Ave

11.00

0015 SHIP TO: Department of Veteran Affairs

Care System 4101 Woolworth Ave

0016 SHIP TO: Department of Veteran Affairs

Care System 4101 Woolworth Ave

0017 SHIP TO: Department of Veteran Affairs

Care System 4101 Woolworth Ave

0018 SHIP TO: Department of Veteran Affairs

Care System 4101 Woolworth Ave

0019 SHIP TO: Department of Veteran Affairs

Care System 4101 Woolworth Ave

0020 SHIP TO: Department of Veteran Affairs

Care System 4101 Woolworth Ave

3.00

0021 SHIP TO: Department of Veteran Affairs

Care System 4101 Woolworth Ave

0022 SHIP TO: Department of Veteran Affairs

Care System 4101 Woolworth Ave

0023 SHIP TO: Department of Veteran Affairs

Care System 4101 Woolworth Ave

0024 SHIP TO: Department of Veteran Affairs

Care System 4101 Woolworth Ave

0025 SHIP TO: Department of Veteran Affairs

Care System 4101 Woolworth Ave

0026 SHIP TO: Department of Veteran Affairs

Care System 4101 Woolworth Ave

0027 SHIP TO: Department of Veteran Affairs

Care System 4101 Woolworth Ave

0028 SHIP TO: Department of Veteran Affairs

Care System 4101 Woolworth Ave

0029 SHIP TO: Department of Veteran Affairs

Care System 4101 Woolworth Ave

0030 SHIP TO: Department of Veteran Affairs

Care System 4101 Woolworth Ave

0031 SHIP TO: Department of Veteran Affairs

Care System 4101 Woolworth Ave

11.00

0032 SHIP TO: Department of Veteran Affairs

Care System 4101 Woolworth Ave

12.00

0033 SHIP TO: Department of Veteran Affairs

Care System 4101 Woolworth Ave

5.00

0034 SHIP TO: Department of Veteran Affairs

Care System 4101 Woolworth Ave

17.00

0035 SHIP TO: Department of Veteran Affairs

Care System 4101 Woolworth Ave

0036 SHIP TO: Department of Veteran Affairs

Care System 4101 Woolworth Ave

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.