S02 36C10A22P0167.pdf

Solicitation 36C10A22P0167

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The following are the Terms and Conditions for Request for Proposal (RFP) 36C10A22P0167. Any resultant award will be issued on a Standard Form (SF) 1449 and will include Sections B, C, and D; Section E will be removed at time of award.

1. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-09.

2. The solicitation is under North American Industry Classification System Code 541519, Other Computer Related Services, and the associated size standard is 150 employees.

3. This is being solicited as a total Service-Disabled Veteran-Owned Small Business set-aside.

4. Proposals are due by July 27, 2022, at 3:00 pm Central Time and shall be submitted to Richard Melton at Richard.Melton2@va.gov.

5. See the solicitation for the following information:

• List of contract line items.

• Description of requirement.

• Performance dates.

• FAR 52.212-4, Contract Terms and Conditions -- Commercial Items, and addenda.

• FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items.

• FAR 52.212-1, Instructions to Offerors -- Commercial, and addenda.

• FAR 52.212-3, Offeror Representations and Certifications -- Commercial Items.

• Other terms and conditions.

mailto:Richard.Melton2@va.gov

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 SCHEDULE OF SUPPLIES/SERVICES

CLIN Description of Supplies/Services Qty Unit Unit Price Total Price

Brand Name CenTrak and Brand Name Infor Real Time Location System (RTLS) Asset Tracking (AT) Solution for the Department of Veterans Affairs Caribbean Healthcare System (VACHS), including CenTrak and Infor RTLS hardware and software, documentation, installation and configuration, end user acceptance testing, training, warranty, and maintenance services.

Period of Performance (PoP): 12 months from the date of contract award.

Inspection: Destination Acceptance/Freight On Board: Destination Contract Type: Firm-fixed-price.

IFCAP Order Number: To Be Provided (TBP) at award.

ARM No.: 143907

Descriptive Data: This is a 12-month effort for a brand name CenTrak and Infor RTLS AT solution for the Department of Veterans Affairs Caribbean Healthcare System (VACHS) in accordance with (IAW) the Performance Work Statement (PWS) set forth in Section D of this contract.

0001 Contractor Project Management Plan

(CPMP)

Due: 15 days after contract award and updated throughout performance.

Descriptive Data: The Contractor shall deliver the CPMP IAW Section 5.1.1 of the PWS set forth in Section D of this Contract.

1 Job Not Separately

Priced

(NSP)

NSP

0002 Monthly Progress Reports

Due: 15 days after award, then every 30 days thereafter

Descriptive Data: The Contractor shall deliver the CPMP IAW Section 5.1.2 of the PWS set forth in Section D of this Contract.

1 Job NSP NSP

0003 Technical Kickoff Meeting Agenda.

Due: five days prior to the kickoff meeting.

Descriptive Data: The Contractor shall deliver the technical kickoff meeting agenda

1 Job NSP NSP

Price

IAW Section 5.1.3 of the PWS set forth in Section D of this Contract.

0004 Technical Kickoff Meeting Minutes.

Due: within three calendar days after the technical kick-off meeting.

Descriptive Data: The Contractor shall deliver the technical kickoff meeting minutes IAW Section 5.1.3 of the PWS set forth in Section D of this Contract.

1 Job NSP NSP

0005 Technical Kickoff Meeting Final Presentation.

Due: within five calendar days after the meeting.

Descriptive Data: The Contractor shall deliver the technical kickoff meeting final presentation IAW Section 5.1.3 of the PWS set forth in Section D of this Contract.

1 Job NSP NSP

0006 Staffing Plan and Roster

Due: 10 days after award.

Descriptive Data: The Contractor shall deliver the staffing plan and roster IAW Section 5.1. 4 of the PWS set forth in Section D of this Contract.

1 Job NSP NSP

0007 RTLS Site Pre-Assessment Report

Due: Within 30 days after contract award.

Descriptive Data: The Contractor shall deliver the RTLS site pre-assessment report IAW PWS Section 5.2 of the PWS set forth in Section D of this Contract.

1 Job NSP NSP

0008 RTLS Site Post-Assessment Report

Due: Within 120 days after contract award.

Descriptive Data: The Contractor shall deliver the RTLS site post-assessment

Price report IAW PWS Section 5.2 of the PWS set forth in Section D of this Contract.

0009 Brand Name CenTrak Services, to include:

-Engineering: Survey, Design, Installation, Configuration, Certification and Testing -Program Management and Training -Affixing of all asset tags -Software/Middleware installation, configuration and testing -Travel to perform above services

PoP: IAW the CPMP

Descriptive Data: The Contractor shall deliver the brand name CenTrak services IAW Sections 5.3, 5.5, 5.7, 5.8 and 5.10 of the PWS set forth in Section D of this Contract.

1 Job $To be Proposed

(TBP)

$TBP

0010 Draft Hardware Deployment Design Document (HDDD)

Due: IAW the CPMP

Descriptive Data: The Contractor shall deliver the draft HDDD IAW PWS Section

5.3.2.1 of the PWS set forth in Section D of this Contract.

1 Job NSP NSP

0011 Final HDDD

Due: Upon completion of Acceptance Testing per PWS Section 5.7

Descriptive Data: The Contractor shall deliver the final HDDD IAW PWS Section

5.3.2.1 of the PWS set forth in Section D of this Contract.

1 Job NSP NSP

0012 Brand Name CenTrak Hardware: Clinical Grade Locating, Infrared Infrastructure to cover 70 rooms/spaces.

Delivery: IAW the CPMP.

Descriptive Data: The Contractor shall deliver the brand name CenTrak hardware:

clinical grade locating, infrared infrastructure

95 EA $TBP $TBP

Price to cover 70 rooms/spaces IAW Section 5.4 of the PWS set forth in Section D of this Contract.

0013 Brand Name CenTrak Hardware MultiMode Asset Tags

Delivery: IAW the CPMP.

Descriptive Data: The Contractor shall deliver the brand name CenTrak hardware multimode asset tags IAW Section 5.4 of the PWS set forth in Section D of this Contract.

1,920 EA $TBP $TBP

0014 Hardware Components Installation

Due: IAW the CPMP

Descriptive Data: The Contractor shall provide the hardware components installation IAW PWS Section 5.5.1 of the PWS set forth in Section D of this Contract.

1 Job NSP NSP

0015 Facility Tagging and Commissioning Plan

Due: IAW the CPMP

Descriptive Data: The Contractor shall deliver the facility tagging and commissioning plan IAW PWS Section 5.5.2 of the PWS set forth in Section D of this Contract.

1 Job NSP NSP

0016 Brand Name CenTrak Software, to include:

-CenTrak ConnectTM: Core, Stream, Pulse

- CenTrak-Cisco Mobility Service Engine (MSE) Integration Module

Delivery: IAW the Contractor Project Management Plan (CPMP).

Descriptive Data: The Contractor shall deliver the brand name CenTrak software IAW Section 5.5.3 of the PWS set forth in Section D of this Contract.

1 EA $TBP $TBP

0017 Software Installation Report

Price

Due: IAW the CPMP

Descriptive Data: The Contractor shall deliver the software and software installation report IAW PWS Section 5.5.3 of the PWS set forth in Section D of this Contract.

0018 Brand Name Infor Software

- LBI Platform

- LBI Connector

PoP: 12 months from date of award

Descriptive Data: The Contractor shall deliver the brand name Infor software IAW Section 5.6 of the PWS set forth in Section D of this Contract.

1 EA $TBP $TBP

0019 Brand Name Infor Implementation Services to include software installation, configuration, rendering maps, wireframes and regioning, map import, testing and user training.

PoP: IAW the CPMP

Descriptive Data: The Contractor shall deliver the brand name Infor Implementation Services to include software installation, configuration, rendering maps, wireframes and regioning, map import, testing and user training IAW Section 5.6 of the PWS set forth in Section D of this Contract.

1 Job $TBP $TBP

0020 Infor Veterans Health Information Systems and Technology Architecture (VistA) interface packages with Defense Medical Logistics Standard Support (DIMLSS), Cerner and Automated Engineering Management System/Medical Equipment Reporting System (AEMS/MERS) PoP: IAW the CPMP

Descriptive Data: The Contractor shall deliver the brand name Infor VistA interface packages with DIMLSS, Cerner and

1 Job $TBP $TBP

Price

AEMS/MERS IAW Section 5.6 of the PWS set forth in Section D of this Contract.

0021 Interfaces

Due: IAW the CPMP

Descriptive Data: The Contractor shall deliver the interfaces IAW PWS Section

5.6.2 of the PWS set forth in Section D of this Contract.

1 Job NSP NSP

0022 Brand Name CenTrak Support, to include:

- Annual Software License and Support

- Additional twelve (12) months warranty -Software maintenance/support/bug fixes/upgrades/patches

- Pulse (GMS) Management, Monitoring and maintenance -Tech support and troubleshooting

PoP: 12 months from date of award

Descriptive Data: The Contractor shall deliver the brand name CenTrak support IAW Section 5.7 of the PWS set forth in Section D of this Contract.

1 EA $TBP $TBP

0023 Software Configuration

Due: IAW the CPMP

Descriptive Data: The Contractor shall deliver the software configuration IAW PWS Section 5.7 of the PWS set forth in Section D of this Contract.

1 Job NSP NSP

0024 Post-installation System Validation

PoP: IAW the CPMP

Descriptive Data: The Contractor shall deliver the post-installation system validation IAW Section 5.8 of the PWS set forth in Section D of this Contract.

1 Job $TBP $TBP

0025 Acceptance Test Plan

Due: IAW the CPMP

Price

Descriptive Data: The Contractor shall deliver the acceptance test plan IAW PWS Section 5.8 of the PWS set forth in Section D of this Contract.

0026 Remediation Hardware Report

Due: IAW the CPMP

Descriptive Data: The Contractor shall deliver the remediation hardware report IAW PWS Section 5.8 of the PWS set forth in Section D of this Contract.

1 Job NSP NSP

0027 Performance Test Plan

Due: IAW the CPMP

Descriptive Data: The Contractor shall deliver the performance test plan IAW PWS Section 5.8 of the PWS set forth in Section D of this Contract.

1 Job NSP NSP

0028 Performance Test Report

Due: IAW the CPMP

Descriptive Data: The Contractor shall deliver the performance test report IAW PWS Section 5.8 of the PWS set forth in Section D of this Contract.

1 Job NSP NSP

0029 Approved Facility Training Plan

Due: IAW the CPMP

Descriptive Data: The Contractor shall deliver the approved facility training plan IAW PWS Section 5.10 of the PWS set forth in Section D of this Contract.

1 Job NSP NSP

0030 Training Materials

Due: IAW the CPMP

Descriptive Data: The Contractor shall deliver the training material and schedules

Price

IAW PWS Section 5.10 of the PWS set forth in Section D of this Contract.

0031 Training Attendance List

Due: IAW the CPMP

Descriptive Data: The Contractor shall deliver the training attendance list IAW PWS Section 5.10 of the PWS set forth in Section D of this Contract.

1 Job NSP NSP

0032 System User Training

Due: IAW the CPMP

Descriptive Data: The Contractor shall deliver the system user training IAW PWS Section 5.10.1 of the PWS set forth in Section D of this Contract.

1 Job NSP NSP

0033 Technical Maintenance and Repair Training

Due: IAW the CPMP

Descriptive Data: The Contractor shall deliver the technical maintenance and repair training IAW PWS Section 5.10.2 of the PWS set forth in Section D of this Contract.

1 Job NSP NSP

0034 System Administration Training

Due: IAW the CPMP

Descriptive Data: The Contractor shall deliver the system administration training IAW PWS Section 5.10.3 of the PWS set forth in Section D of this Contract.

1 Job NSP NSP

0035 Approved Transition Plan

Due: IAW the CPMP

Descriptive Data: The Contractor shall deliver the approved transition plan IAW PWS Section 5.11 of the PWS set forth in Section D of this Contract.

0036 User and Technical Manuals

Price

Due: IAW the CPMP

Descriptive Data: The Contractor shall deliver the user and technical manuals IAW PWS Section 5.11 of the PWS set forth in Section D of this Contract.

0037 Transition Support

Due: IAW the CPMP

Descriptive Data: The Contractor shall deliver the transition support IAW PWS Section 5.11 of the PWS set forth in Section D of this Contract.

1 Job NSP NSP

0038 Infor Software First Year Warranty

PoP: 12 months from date of award

Descriptive Data: The Contractor shall deliver the brand name Infor software first year warranty IAW Section 5.13 of the PWS set forth in Section D of this Contract.

1 EA $TBP $TBP

0039 Warranty Status Report

Due: IAW the CPMP

Descriptive Data: The Contractor shall deliver the warranty status report IAW PWS Section 5.13 of the PWS set forth in Section D of this Contract.

1 Job NSP NSP

Base Period Total $TBP Options: The following are an option period and optional tasks that the Government may unilaterally exercise at its discretion, in accordance with FAR 52.217-9. The contractor shall perform only if the Government issues a modification to the order exercising the option.

Option Period 1: Brand Name Requirement for CenTrak and Infor RTLS AT for VACHS in accordance with FAR 52.217-9, “Option to Extend the Term of the Contract” 1001 Brand Name CenTrak Support, to include:

- Annual Software License and Support

- Additional twelve (12) months warranty -Software maintenance/support/bug fixes/upgrades/patches

Price

- Pulse (GMS) Management, Monitoring and maintenance -Tech support and troubleshooting

PoP: 12 months from date of option award

Descriptive Data: The Contractor shall deliver the brand name CenTrak support IAW Section 5.7 of the PWS set forth in Section D of this Contract.

1002 Brand Name Infor Software and Annual Maintenance

- LBI platform

- LBI Connector

PoP: 12 months from date of option award

Descriptive Data: The Contractor shall deliver the brand name Infor software and annual maintenance IAW Section 5.7 of the PWS set forth in Section D of this Contract.

1 EA $TBP $TBP

1003 CPMP

Due: 15 days after option award and updated throughout performance.

Descriptive Data: The Contractor shall deliver the CPMP IAW Section 5.1.1 of the PWS set forth in Section D of this Contract.

1 Job NSP NSP

1004 Monthly Progress Reports

Due: 15 days after option award, then every 30 days thereafter.

Descriptive Data: The Contractor shall deliver the CPMP IAW Section 5.1.2 of the PWS set forth in Section D of this Contract.

1 Job NSP NSP

Option Period 1 Total $TBP

Option Period 2: Brand Name Requirement for CenTrak and Infor RTLS AT for VACHS in accordance with FAR 52.217-9, “Option to Extend the Term of the Contract” 2001 Brand Name CenTrak Support, to include:

- Annual Software License and Support

Price

- Additional twelve (12) months warranty -Software maintenance/support/bug fixes/upgrades/patches

- Pulse (GMS) Management, Monitoring and maintenance -Tech support and troubleshooting

PoP: 12 months from date of option award

Descriptive Data: The Contractor shall deliver the brand name CenTrak support IAW Section 5.7 of the PWS set forth in Section D of this Contract.

2002 Brand Name Infor Software and Annual Maintenance

- LBI platform

- LBI Connector

PoP: 12 months from date of option award

Descriptive Data: The Contractor shall deliver the brand name Infor software and annual maintenance IAW Section 5.7 of the PWS set forth in Section D of this Contract.

1 EA $TBP $TBP

2003 CPMP

Due: 15 days after option award and updated throughout performance.

Descriptive Data: The Contractor shall deliver the CPMP IAW Section 5.1.1 of the PWS set forth in Section D of this Contract.

1 Job NSP NSP

2004 Monthly Progress Reports

Due: 15 days after option award, then every 30 days thereafter.

Descriptive Data: The Contractor shall deliver the CPMP IAW Section 5.1.2 of the PWS set forth in Section D of this Contract.

Option Period 2 Total $TBP

Total Contract Value, Inclusive of All Options $TBP

GOVERNING LAW (continuation of Schedule of Supplies and Services above):

Federal law and regulations, including the Federal Acquisition Regulations (FAR), shall govern this Contract/Order. Commercial license agreements may be made a part of this Contract/Order but only if both parties expressly make them an addendum hereto, as permitted by FAR 12.212. If the commercial license agreement is not made an addendum, it shall not apply, govern, be a part of or have any effect whatsoever on the Contract/Order; this includes, but is not limited to, any agreement embedded in the computer software (clickwrap), any agreement that is otherwise delivered with or provided to the Government with the commercial computer software or documentation (shrinkwrap), or any other license agreement otherwise referred to in any document. If a commercial license agreement is made an addendum, only those provisions addressing data rights regarding the Government’s use, duplication and disclosure of data (e.g., restricted computer software) are included and made a part of this Contract/Order, and only to the extent that those provisions are not duplicative or inconsistent with Federal law, Federal regulation, the incorporated FAR clauses and the provisions of this Contract/Order; those provisions in the commercial license agreement that do not address data rights regarding the Government’s use, duplication and disclosure of data shall not be included or made a part of the Contract/Order. Federal law and regulation including, without limitation, the Contract Disputes Act (41 U.S.C. § 7101 et seq.), the Anti-Deficiency Act (31 U.S.C. § 1341 et seq.), the Competition in Contracting Act (41 U.S.C. § 3301 et seq.), the Prompt Payment Act (31 U.S.C. § 3901 et seq.), Contracts for Data Processing or Maintenance (38 USC § 5725), and FAR clauses 52.212-4, 52.227-14, 52.227-19 shall supersede, control, and render ineffective any inconsistent, conflicting, or duplicative provision in any commercial license agreement. In the event of conflict between this clause and any provision in the Contract/Order or the commercial license agreement or elsewhere, the terms of this clause shall prevail. The Contractor shall deliver to the Government all data first produced under this Contract/Order with unlimited rights as defined by FAR 52.227-14.

Claims of patent or copyright infringement brought against the Government as a party shall be defended by the U.S. Department of Justice (DOJ) in accordance with 28 U.S.C. § 516; at the discretion of DOJ, the Contractor may be allowed reasonable participation in the defense of the litigation. Any additional changes to the Contract/Order must be made by modification (Standard Form 30) and shall only be made by a warranted Contracting Officer. Nothing in this Contract/Order or any commercial license agreement shall be construed as a waiver of sovereign immunity.

SOFTWARE LICENSE, MAINTENANCE AND TECHNICAL SUPPORT:

(1) Definitions.

a) Licensee. The term “licensee” shall mean the U.S. Department of Veterans Affairs (“VA”) and is synonymous with “Government.”

b) Licensor. The term “licensor” shall mean the Contractor having the necessary license or ownership rights to deliver license, software maintenance and support of the computer software being acquired.

The term “Contractor” is the party identified in Block 17a on the SF1449. If the Contractor is a reseller and not the Licensor, the Contractor remains responsible for performance under this Contract/Order.

c) Software. The term “software” shall mean the licensed computer software product(s) cited in the Schedule of Supplies/Services.

d) Maintenance. The term “maintenance” is the process of enhancing and optimizing software, as well as remedying defects. It shall include all new fixes, patches, releases, updates, versions and upgrades, as further defined below.

e) Technical Support. The term “technical support” refers to the range of services providing assistance for the software via the telephone, email, a website or otherwise.

f) Release or Update. The term “release” or “update” are terms that refer to a revision of software that contains defect corrections, minor enhancements or improvements of the software’s functionality. This is usually designated by a change in the number to the right of the decimal point (e.g., from Version 5.3 to 5.4). An example of an update is the addition of new hardware.

g) Version or Upgrade. The term “version” or “upgrade” are terms that refer to a revision of software that contains new or improved functionality. This is usually designated by a change in the number to the left of the decimal point (e.g., from Version 5.4 to 6).

(2) Software License.

a) Unless otherwise stated in the Schedule of Supplies/Services, the Performance Work Statement or Product Description, the software license provided to the Government is a perpetual, nonexclusive license to use the software.

b) The Government may use the software in a networked environment.

c) Any dispute regarding the license grant or usage limitations shall be resolved in accordance with the Disputes Clause incorporated in FAR 52.212-4(d).

d) All limitations of software usage are expressly stated in the Schedule of Supplies/Services and the Performance Work Statement/Product Description.

(3) Software Maintenance and Technical Support.

a) If the Government desires to continue software maintenance and support beyond the period of performance identified in this Contract/Order, the Government will issue a separate contract or order for maintenance and support. Conversely, if a contract or order for continuing software maintenance and technical support is not received, the Contractor is neither authorized nor permitted to renew any of the previously furnished services.

b) The Contractor shall provide software support services, which includes periodic updates, enhancements and corrections to the software, and reasonable technical support, all of which are customarily provided by the Contractor to its commercial customers so as to cause the software to perform according to its specifications, documentation or demonstrated claims.

c) Any telephone support provided by Contractor shall be at no additional cost.

d) The Contractor shall provide all maintenance services in a timely manner in accordance with the Contractor’s customary practice or as defined in the Performance Work Statement or Product Description. However, prolonged delay (exceeding 2 business days) in resolving software problems will be noted in the Government’s various past performance records on the Contractor (e.g., www.cpars.gov).

e) If the Government allows the maintenance and support to lapse and subsequently wishes to reinstate it, any reinstatement fee charged shall not exceed the amounts that would have been charged if the Government had not allowed the subscription to lapse.

(4) Disabling Software Code.

The Government requires delivery of computer software that does not contain any code that will, upon the occurrence or the nonoccurrence of any event, disable the software. Such code includes but is not limited to a computer virus, restrictive key, node lock, time-out or other function, whether implemented by electronic, mechanical, or other means, which limits or hinders the use or access to any computer software based on residency on a specific hardware configuration, frequency of duration of use, or other limiting criteria. If any such disabling code is present, the Contractor agrees to indemnify the Government for all damages suffered as a result of a disabling caused by such code, and the contractor agrees to remove such code upon the Government’s request at no extra cost to the Government. Inability of the Contractor to remove the disabling software code will be considered an inexcusable delay and a material breach of contract, and the Government may exercise its right to terminate for cause. In addition, the Government is permitted to remove the code as it deems appropriate and charge the Contractor for consideration for the time and effort expended in removing the code.

(5) Manuals and Publications.

http://www.cpars.gov/

Upon Government request, the Contractor shall furnish the most current version of the user manual and publications for all products/services provided under this Contract/Order at no cost.

B.2 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: See Block 17a

b. GOVERNMENT: Contracting Officer 36C10A See Block 31b Department of Veterans Affairs Office of Procurement, Acquisition and Logistics Technology Acquisition Center 23 Christopher Way Eatontown, NJ 07724

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, After Government acceptance]

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.

See website at:

http://www.fsc.va.gov/einvoice.asp

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

AMENDMENT NO DATE

http://www.fsc.va.gov/einvoice.asp

B.3 ACCOUNTING AND APPROPRIATION DATA

Funds in the following amount(s) are obligated on the referenced IFCAP Order Number and CLIN. The contractor shall reference the IFCAP Order Number on each invoice submitted for payment, based on the appropriate item, after delivery, installation as applicable, and acceptance.

Action CLIN #s VA 2237 IFCAP No. Total Basic Award TBD 672-22-2-103-0159 TBD $TBD

SECTION C - CONTRACT CLAUSES

I. ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—

COMMERCIAL ITEMS

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

C.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

Clause Number

Title

Date

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON

RECYCLED PAPER

MAY 2011

52.204-9 PERSONAL IDENTITY VERIFICATION OF

CONTRACTOR PERSONNEL

JAN 2011

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.212-4 CONTRACT TERMS AND CONDITIONS-

COMMERCIAL ITEMS

NOV 2021

52.219-27 NOTICE OF SERVICE-DISABLED VETERAN-OWNED

SMALL BUSINESS SET-ASIDE

SEP 2021

52.227-1 AUTHORIZATION AND CONSENT (DEC 2007) DEC 2007

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT

AND COPYRIGHT INFRINGEMENT

DEC 2007

52.227-19 COMMERCIAL COMPUTER SOFTWARE LICENSE DEC 2007

52.228-5 INSURANCE-WORK ON A GOVERNMENT

INSTALLATION

JAN 1997

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

DEC 2013

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS,

EQUIPMENT, AND VEGETATION

APR 1984

52.242-13 BANKRUPTCY JUL 1995

(End of Clause)

C.2 FAR 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR

INFORMATION SYSTEMS (JUN 2016)

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(a) Definitions. As used in this clause--

“Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

C.3 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR

2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within five days prior to contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least ten days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed three years.

C.4 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

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

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

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

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

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.] [] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

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

[] 852.215–71, Evaluation Factor Commitments.

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

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

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

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

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

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

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

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

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

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification, and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

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

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

[X] 852.233–71, Alternate Protest Procedure.

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

[X] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

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

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

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

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

[X] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

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

[X] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services in supply contracts when it is necessary to specify delivery locations to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

C.5 VAAR 852.212-72 GRAY MARKET AND COUNTERFEIT ITEMS (MAR 2020)

(a) No used, refurbished, or remanufactured supplies or equipment/parts shall be provided. This procurement is for new Original Equipment Manufacturer (OEM) items only. No gray market items shall be provided. Gray market items are OEM goods intentionally or unintentionally sold outside an authorized sales territory or sold by non-authorized dealers in an authorized sales territory.

(b) No counterfeit supplies or equipment/parts shall be provided. Counterfeit items include unlawful or unauthorized reproductions, substitutions, or alterations that have been mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified item from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitutions include used items represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics.

(c) Vendor shall be an OEM, authorized dealer, authorized distributor or authorized reseller for the proposed equipment/system, verified by an authorization letter or other documents from the OEM. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions.

C.6 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

(a) This solicitation includes FAR 52.219-4 Notice of Price Evaluation Preference for HubZone Small Business Concerns.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records, or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

C.7 VAAR 852.219-78 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING –

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (SEP 2021)

(a) Pursuant to 38 U.S.C. 8127(k)(2), the offeror certifies that—

(1) If awarded a contract (see F(a)FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows: [Offeror check the appropriate box]

(i) [ ] In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(ii) [ ] In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) is granted. The offeror understands that, as provided in 13 CFR 121.406(b)(7), such a waiver has no effect on requirements external to the Small Business Act, such as the Buy American Act or the Trade Agreements Act.

(2) Manufacturer or nonmanufacturer representation and certification. [Offeror fill-in— check each applicable box below. The offeror must select the applicable provision below, identifying itself as either a manufacturer or nonmanufacturer]:

(i) [ ] Manufacturer or producer. The offeror certifies that it is the manufacturer or producer of the end item being procured, and the end item is manufactured or produced in the United States, in accordance with paragraph (a)(1)(i).

(ii) [ ] Nonmanufacturer. The offeror certifies that it qualifies as a nonmanufacturer in accordance with the requirements of 13 CFR 121.406(b) and paragraph (a)(1)(ii). The offeror further certifies it meets each element below as required to qualify as a nonmanufacturer. [Offeror fill-in—check each box below.]

[ ] The offeror certifies that it does not exceed 500 employees (or 150 employees for the Information Technology Value Added Reseller exception to NAICS code 541519, which is found at 13 CFR 121.201, footnote 18).

[ ] The offeror certifies that it is primarily engaged in the retail or wholesale trade and normally sells the type of item being supplied.

[ ] The offeror certifies that it will take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice.

(iii) [ ] The offeror certifies that it will supply the end item of a small business manufacturer, processor, or producer made in the United States, unless a waiver as provided in 13 CFR 121.406(b)(5) has been issued by SBA. [Contracting Officer fill-in or removal (see 13 CFR 121.1205). This requirement must be included for a single end item. However, if SBA has issued an applicable waiver of the nonmanufacturer rule for the end item, this requirement must be removed in the final solicitation or contract.] or [Contracting Officer tailor clause to remove one or other block under subparagraph (iii).]

[ ] If this is a multiple item acquisition, the offeror certifies that at least 50% of the estimated contract value is composed of items that are manufactured by small business concerns. [Contracting Officer fill-in or removal. See 13 CFR 121.406(d) for multiple end items. If SBA has issued an applicable nonmanufacturer rule waiver, this requirement must be removed in the final solicitation or contract.]

(3) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(4) If VA determines that an SDVOSB/VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1));

and

(iii) Prosecution for violating section 1001 of title 18.

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract or to determine whether the offeror qualifies as a manufacturer or nonmanufacturer in compliance with the limitations on subcontracting requirement. Contracting Officer may, at their discretion, require the Contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the Contracting Officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed, and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification:

I hereby certify that if awarded the contract, [insert name of offeror] qualifies as a manufacturer or nonmanufacturer as stated herein and that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting requirement specified in the resultant contract, unless a waiver as described in 13 CFR 121.406(b)(5) is granted. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].

Printed Name of Signee:________________________________________

Printed Title of Signee:_________________________________________

Signature:___________________________________________________

Date:_____________________

Company Name and Address: ________________________________________

(End of Clause)

C.6 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

(a) Supplies and equipment. Rejected goods will be held subject to Contractor’s order for not more than 15 days, after which the rejected merchandise will be returned to the Contractor’s address at the Contractor’s risk and expense. Expenses incident to the examination and testing of materials or supplies that have been rejected will be charged to the Contractor.

(b) Perishable supplies. The Contractor shall remove rejected perishable supplies within 48 hours after notice of rejection. Supplies determined to be unfit for human consumption will not be removed without permission of the local health authorities.

Supplies not removed within the allowed time may be destroyed. The Department of Veterans Affairs will not be responsible for, nor pay for, products rejected. The Contractor will be liable for costs incident to examination of rejected products.

C.6 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

Shipment of deliverable items, other than reports, shall be to:

VA Caribbean Healthcare System Caribbean Airport Facility Avenida Tony Santana Bldg. C31 #35 Sector Central Carolina, PR 00979

C.7 VAAR 852.247-74 ADVANCE NOTICE OF SHIPMENT (OCT 2018)

Five workdays prior to shipping item(s), all hardware listed in the contract schedule, the Contractor shall furnish the anticipated shipment date, bill of lading number (if applicable), and carrier identity to (see Performance Work Statement section 6.7) and to the Contracting Officer’s Representative.

C.7 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN

2008)

The contracting officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee's authority. A copy of the designation shall be furnished to the contractor.

(End of Addendum to FAR 52.212-4)

II. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (SEP

2021)

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L.

115-232).

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

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

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

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (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].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111- 117, section 743 of Div. C).

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

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended,…