S02 36C24522Q0721.docx

36C24522Q0583 36C24522Q7

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

126-22-3-5130-0243

36C24522Q0721 06-30-2022 Laura Jardine 4106422411 x21104 08-01-2022 15:00

EDT

36C245 Department of Veterans Affairs

NCO5

Amy Ritchey, Contracting Officer 510 Butler Ave, Bldg 306A Martinsburg WV 25401

X

334310 750 Employees

N/A

36C245 Department of Veterans Affairs

NCO5

510 Butler Ave Attn: Office of Emergency Management Martinsburg WV 25401 36C245 Department of Veterans Affairs

NCO5

Laura Jardine, Contract Specialist P.O. Box 1000, Bldg. 101B, Room 8 Perry Point MD 21902

PAYMENT WILL BE MADE BY

FSC e-Invoice Payment Invoice must be submitted electronically http://www.fsc.va.gov/einvoice.asp Invoice Setup Information 1-877-489-6135

See CONTINUATION Page The purpose of the request for quote (RFQ) is to solicit for the supplies and install of an upgrade of the existing Audio-Visual Systems for the Emergency Operations Center.

Site Visit is: Thu, 14 Jul 2022 at 11:00AM hours Eastern Daylight Time (EDT) at the Martinsburg VA Medical Center, 510 Butler Ave, Bldg 217, Martinsburg, WV 25401.

Point of Contact (POC) for the site visit is: Mr Ronald Burgess and his email is: ronald.burgess@va.gov and his cell # is: 202-910-8959.

All questions must be submitted in writing and emailed to Laura Jardine at laura.jardine@va.gov and Amy Ritchey at amy.ritchey@va.gov. Questions will not be accepted after Tues, 19 Jul 2022 at 2:00PM EST.

THIS IS SET ASIDE FOR 100% SDVOSB/VOSB based on LPTA.

See CONTINUATION Page

Amy Ritchey Contracting Officer

CLARIFICATION ITEMS WITHIN THE STATEMENT OF WORK (SOW)

4.1.1 UNISEE or likewise

5. TIMELINE – Expected to be six (6) weeks delivery. OFFERORS: Please identify true timeframe within quote as this will be considered as part of technical capabilities.

8. WARRANTY – Warranty is required to be at minimum of a year (1), if longer, please identify in quote.

REQUIREMENT OF QUOTES:

This is a 100% set aside for Service Disabled Veteran Owned Small Business (SDVOSB) and Veteran Owned Small Business (VOSB).

Vendor MUST be verified at time of quote within the VetBiz Portal: https://www.vetbiz.va.gov/vip/.

All Questions MUST be received in writing at date and time listed in Block 20 of Page 1.

Site visit not mandatory, but highly encouraged.

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

1. CONTRACTOR:

Phone:

POC:

Email:

1. GOVERNMENT: Department of Veterans Affairs VA Maryland Health Care System P.O. Box 1000 Bldg. No. 101B, Room #8 Perry Point, MD 21902 POC: Laura Jardine Phone: 410-642-2411 x21104 Email: laura.jardine@va.gov

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

1. INVOICES: Invoices shall be submitted:

1. Quarterly [ ]

1. Semi-Annually [ ]

1. Other [ X ] Monthly in arrears

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

Dept of Veterans Affairs FSC-Invoice Payment http://www.fsc.va.gov/einvoice.asp Invoice Setup Information: 1-877-489-6135 Invoices Must Be Submitted Electronically

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Bldg 217 Command Center Upgrade Equipment PRINCIPAL NAICS CODE: 334310 - Audio and Video Equipment Manufacturing PRODUCT/SERVICE CODE: 7490 - Miscellaneous Office Machines

Bldg 217 Room 111C Command Center Conference Room

Bldg 203B Conference Room

Preventive Maintenance - Year Two (2) of Contract through Year Three (3) after Warranty Contract Period: Option 1 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 811213 - Communication Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J074 - Maintenance, Repair, and Rebuilding of Equipment - Office Machines, Text Processing Systems, and Visible Record Equipment

Preventive Maintenance - From Year Three (3) to Year Four (4) Contract Period: Option 2 POP Begin:

POP End:

Preventive Maintenance - From Year Four (4) to Year Five (5) Contract Period: Option 3 POP Begin:

POP End:

PRODUCT/SERVICE CODE: J074 - Maintenance, Repair, and Rebuilding of Equipment - Office Machines, Text Processing Systems, and Visible Record Equipment

Preventive Maintenance - Through Year Five (5) Contract Period: Option 4 POP Begin:

POP End:

PRODUCT/SERVICE CODE: J074 - Maintenance, Repair, and Rebuilding of Equipment - Office Machines, Text Processing Systems, and Visible Record Equipment

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B.3 STATEMENT OF WORK

1. TITLE OF CONTRACT - Veteran Health Administration (VHA) Emergency Management Coordination Cell (EMCC) Audio Visual System upgrade.

2. SCOPE OF WORK - The Veterans Health Administration Office of Emergency Management (OEM) is responsible for maintaining day-to-day situational awareness, monitoring, tracking, and supporting the responses to natural and man-made disasters such as hurricanes, tornados, or earthquakes that have the potential to impact the VHA Enterprise. This information is collaborated and presented to VHA Senior Leadership and leadership at the facility and VISN levels. The Emergency Management Coordination Center (EMCC) is a command center for VHA.

3. BACKGROUND -VHA OEM staffs the EMCC through the VHA Watch Office and the EMCC staff to accomplish this mission. The audio-visual equipment currently in place has reached the end-of-life cycle, is antiquated, and needs to be replaced to support the mission. Additionally, situational devices can not currently support today's technology.

4. OBJECTIVES – The command center is comprised of three different areas. This project will be a turn-key solution for the VA of all rooms described below. Each room will operate independently.

4.1 COMMAND CENTER (Bldg. 217 Room 111) This is the central area of the Command Center. The contractor will provide upgraded equipment that will allow enhanced capabilities within the audio-visual aspect of the command center. This upgrade will consist of:

4.1.1 Video Wall - The main wall in the EMCC will be the location of the primary video wall. The video wall should be a minimum of 15'9" in width and 4'5" in height. The video wall will consist of devices containing the latest technology and produce a high-resolution display, allowing all members to distinguish the activity projected. The video wall shall provide a minimum native resolution of 7680x2160 and support a minimum of (2) 4K @ 60 Hz sources at native resolution and frequency. The display wall can be a UNISEE brand or something comparable with a bezel no greater than .88mm combined bezel. The monitors must be capable of operating 24/7. The video wall will be able to break in and out of different quadrants and be configured in any fashion. There will be a generic login for the system.

4.1.2 Interior Walls – The room’s interior walls will hang six (6) monitors. These will be 70” monitors containing the latest technology and producing a high-resolution display. These devices shall have a native resolution of 3840 x 2160, and each device will be able to display a different video source from the others.

4.1.3 Input Sources – The equipment in the room must accommodate the following input sources – Nine (9) laptops provided by the Government, one (1) desktop computer provided by the Government, four (4) tuners (two (2) cable TV and two (2) Satellite) provided by the Government, and one (1) Video Teleconferencing System (VTC) provided by the contractor. These monitors will utilize the same sources as the primary video wall.

4.1.4 Video Teleconferencing System - The vendor will supply CISCO WebEx Pro Video Teleconference Systems connected to the system. No additional licenses are required, and the VA will configure the system.

4.1.5 Video Teleconferencing System Cameras – The vendor will supply one (1) camera if the camera can project from the CISCO WebEx Pro Video Teleconferencing System and Microsoft TEAMS. If the camera cannot broadcast from both sources, then two (2) cameras, one (1) for the CISCO System and one (1) Microsoft TEAMS, would be required.

4.1.6 Connections – This room will have nine (9) connections to the system. The connections will consist of HDMI and USB connections. These connections will be mounted onto a wall plate and installed on the room’s nine (9) columns.

4.1.7 Control Station - The system will have two (2) touch panels used as control stations. These control stations will allow the system to be powered on and off, select the video source and routing for which display, select the audio playback from the source, adjust the volume for all audio input up and down, ability to mute all microphones in the room.

4.1.8 Audio Output - The audio output from the different feeds will project from a speaker system mounted in the command center's ceiling. The contractor will assist in determining the number of speakers and where to place them in the ceiling.

4.1.9 Microphones – There will be a total of twenty (20) wireless tabletop microphones that can move from desk position to desk position if needed. These microphones will have a LED indicator to identify the mute/unmute function. The system must provide voice lift in this area. It must have the ability to be turned on and off.

4.1.10 Rack – The rack is located in the room and is approximately 30’ from the video wall and is approximately 100’ from the farthest monitor on the interior wall. The rack is an open-air rack and not confined to a closet.

4.1.11 Cable Management – The contractor is responsible for supplying and installing the cable trays or J hooks for the cable management.

4.1.12 Electrical requirements – The vendor is responsible for providing any additional electrical outlets required. The vendor is responsible for the ARC Flash, labeling, and assessment if the installations alter the listed rating and cautions.

4.1.13 Walls – The wall where the video wall is to be constructed is metal/wood studs and drywall. There is no open access behind the wall.

4.2 COMMAND CONFERENCE ROOM (Bldg. 217, Room 111C) This is the conference room used by the EMCC Senior Leadership in the Command Center. The contractor will provide upgraded equipment that will allow enhanced capabilities within the audio-visual aspect of the command center conference room. This room is to operate on a separate system from the other two rooms. This upgrade will consist of:

4.2.1 Video Monitor - The main wall in the Command Center Conference Room will be the location of the primary video monitor. The monitor will be a single 86’- 98” monitor, have a native resolution of 3840x2160, and be capable of operating 24/7. The video wall will be programmed with various sources and layout presets to ensure rapid switching during use. The video wall will be able to break in and out of different quadrants and be configured in any fashion. There will be a generic login for the system

4.2.2 Input Sources – The equipment in the room must accommodate the following input sources – Two (2) laptops provided by the Government, one (1) tuners (Satellite) provided by the Government, and one (1) Video Teleconferencing System (VTC) provided by the contractor.

4.2.3 Video Teleconferencing System - The vendor will supply CISCO WebEx Pro Video Teleconference Systems connected to the system. No additional licenses are required, and the VA will configure the system.

4.2.4 Video Teleconferencing System Cameras – The vendor will supply one (1) camera if the camera can project from the CISCO WebEx Pro Video Teleconferencing System and Microsoft TEAMS. If the camera cannot broadcast from both sources, then two (2) cameras, one (1) for the CISCO System and one (1) Microsoft TEAMS, would be required.

4.2.5 Connections – This room will have two (2) connections in this room. The connections will consist of HDMI and USB connections. These connections will be mounted onto a wall plate and installed on two of the walls located within the room.

4.2.6 Control Station - The system will have one (1) touch panel used as a control station. These control stations will allow the system to be powered on and off, select the video source and routing for which display, select the audio playback from the source, adjust the volume for all audio input up and down, ability to mute all microphones in the room.

4.2.7 Audio Output - The audio output from the different feeds will project from a speaker system mounted in the conference room ceiling. The contractor will assist in determining the number of speakers and where to place them in the ceiling.

4.2.8 Microphones – There will be four (4) wireless tabletop microphones that will be able to move from desk position to desk position if needed. . These microphones will have an LED indicator to identify the mute/unmute function.

4.2.9 Rack – The rack will be located in the room approximately 40’ from the video wall. The rack will be an open-air rack and not confined to a closet

4.2.10 Cable Management – The contractor is responsible for supplying and installing the cable trays or J hooks for the cable management.

4.2.11 Electrical requirements – The vendor is responsible for providing any additional electrical outlets required. The vendor is responsible for the ARC Flash, labeling, and assessment if the installations alter the listed rating and cautions.

4.3 CONFERENCE ROOM (Bldg. 203B, Room 203B-7) This is the conference room used by VHA Senior Leadership. The contractor will provide upgraded equipment that will allow enhanced capabilities within the audio-visual aspect of this conference room. This room will operate on a separate system from the other two rooms. This upgrade will consist of:

4.3.1 Video Monitor – This Conference Room will have two (2) monitors on opposite walls. The monitors will be at a single 86'- 98" monitor, have a native resolution of 3840x2160, and be capable of operating 24/7. The video wall will be programmed with various sources and layout presets to ensure rapid switching during use. The video wall will be able to break in and out of different quadrants and can be configured in any fashion. There will be generic login for the system.

4.3.2 Input Sources – The equipment in the room must accommodate the following input sources – Two (2) laptops provided by the Government, one (1) tuners (Satellite) provided by the Government, and one (1) Video Teleconferencing System (VTC) provided by the contractor.

4.3.3 Video Teleconferencing System –

The vendor will supply CISCO WebEx Pro Video Teleconference Systems connected to the system. No additional licenses are required, and the VA will configure the system.

4.3.4 Video Teleconferencing System Cameras – The vendor will supply one (1) camera if the camera can project from the CISCO WebEx Pro Video Teleconferencing System and Microsoft TEAMS. If the camera cannot broadcast from both sources, then two (2) cameras, one (1) for the CISCO System and one (1) Microsoft TEAMS, would be required.

4.3.5 Connections – This room will have two (2) connections. The connections will consist of HDMI and USB connections. These connections will be mounted onto a wall plate and installed on two of the walls located within the room.

4.3.6 Control Station - The system will have one (1) touch panel used as a control station. These control stations will allow the system to be powered on and off, select the video source and routing for which display, select the audio playback from the source, adjust the volume for all audio input up and down, ability to mute all microphones in the room.

4.3.7 Audio Output - The audio output from the different feeds will project from a speaker system mounted in the conference room ceiling. The contractor will assist in determining the number of speakers and where to place them in the ceiling.

4.3.8 Microphones – There will be a total of two (2) wireless tabletop microphones that can move within the room if needed. These microphones will be equipped with an LED indicator to identify the mute/unmute function.

4.3.9 Rack – The rack will be located in the room approximately 40’ from the video wall. The rack will be an open-air rack and not confined to a closet

4.3.10 Cable Management – The contractor is responsible for supplying and installing the cable trays or J hooks for the cable management.

4.3.11 Electrical requirements – The vendor is responsible for providing any additional electrical outlets required. The vendor is responsible for the ARC Flash, labeling, and assessment if the installations alter the listed rating and cautions.

4.4 CABLE/CONNECTION MANAGEMENT –

4.4.1 All cables will be placed in a device that will allow them to rest without bearing weight vertically and horizontally.

4.4.2 All cables will run from the source to the monitor without any breaks or connections

4.4.3 All cables will be marked on both ends, stating what source from which it originates and terminates.

4.5 DEINSTALL OLD EQUIPMENT/WIRING

4.5.1 Equipment -The contractor will deinstall all equipment/wiring currently in place. The Government will provide a storage location for the equipment once it has been removed.

4.5.2 Wiring/Cabling – All CAT 5/6 cables and wiring currently utilized with the old system will be removed and properly disposed. The contractor is responsible for securing the dumpster for all debris. Under no circumstances with current wiring abandoned in place.

5. TIMELINE FOR INSTALLATION

5.1 Timeline - Due to the fact that this is the VHA EMCC Command Center, the installation must be completed within a six-week time frame.

5.2 Hours Available for Installation - The command center area will be available for work to be performed Monday- Friday from 7:00 a.m. until 4:00 p.m.

6. SERVICE CONTRACT - The contractor will provide a recommended service plan for all equipment, updating the software if required and the recommended intervals that the maintenance should be performed.

7. DELIVERY - All work will be completed at the Martinsburg Veteran Affairs Medical Center, 510 Butler Avenue, Buildings 217 and 203B, Martinsburg, West Virginia, 25405.

8. WARRANTY- The contractor shall provide at minimum a one (1) year warranty all work performed during the installation, including the cabling from the source to the switch and distribution equipment. Additionally, the vendor will provide the warranty information for all equipment purchased to put a manufacturer warranty in place.

9. TRAINING - The contractor shall provide the appropriate training to VHA OEM staff at delivery time. This training will include powering the system on and off, selecting different inputs, and basic troubleshooting.

10. WRITTEN DOCUMENTATION-

10.1 Source Codes and Program Files -The contractor will provide all source codes and program files to the VA.

10.2 System Operation Manual - The contractor will provide a comprehensive owner's manual that describes step by step how to utilize the system

10.3 Schematics - The contractor will provide a copy of each installed system's drawings and cable schematics.

11. PREVENTIVE MAINTENANCE

11.1 Preventive maintenance will be performed from Option Year One (1) through Option Year Four (4), at the discretion of the Government.

36C24522Q0721

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

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

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

C.2 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/

(End of Clause)

C.3 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective—

(1) For such period as the laws of the State in which this contract is to be performed prescribe; or

(2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

(End of Clause)

C.4 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 60; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 Five (5) Years..

(End of Clause) VHA Supplemental Contract Requirements for Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors

1. Contractor employees who work in or travel to VHA locations must comply with the following:

a. Documentation requirements:

1) If fully vaccinated, shall show proof of vaccination.

i. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

2) If unvaccinated and granted a medical or religious exception, shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test.

3) Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

4) Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

2. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates.

a. Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

3. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

C.5 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause) C.6 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.

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

[X] 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.

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

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

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

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

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

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

[X] 852.233–71, Alternate Protest Procedure.

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

[X] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

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

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

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

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

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

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

[] 852.273–74, Award without Exchanges.

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

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause)

C.7 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…