S02 36C26026Q0495 02.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER

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

496-26-4-287-0036

36C26026Q0495

6. SOLICITATION ISSUE DATE

03-30-2026

Jennifer Robles; jennifer.robles1@va.gov 253-888-4924 04-22-2026

1PM MDT

36C260 Department of Veterans Affairs Network Contracting Office 20 (V4CONT) 1601 E. Fourth Plain Boulevard Building 17, Suite B428 Vancouver WA 98661

X

811210

$34 Million

Net 30 N/A

X

36C496

Department of Veterans Affairs Veterans Integrated Service Network 20 See Statement of Work for Additional Locations

36C260

Department of Veterans Affairs Network Contracting Office 20 (V4CONT) 1601 E. Fourth Plain Boulevard Building 17, Suite B428 Vancouver WA 98661

Dept of Veterans Affairs

FMS-VA-2(101)

Financial Services Center

PO BOX 149971

Austin TX 78714-9971

This is a solicitation for:

Pulmonary and Cardiac Diagnostic Systems Maintenance in support of VISN 20. See Section B.2, Price/Cost Schedule and Section D.1, Statement of Work for details.

Period of Performance: 09/01/2026 - 08/31/2027

Vendor shall be an Original Equipment Manufacturer (OEM), authorized dealer, authorized distributor, or authorized reseller for the equipment/system requiring maintenance authorized to provide for required services and authorized to provide new OEM replacement parts verified by an authorization letter or other documents from the OEM provide provided at the time of offer. Authorization letter shall be signed, dated 2026 and on OEM letterhead.

Questions due by 04/13/2026, 1PM Mountain.

Offers due by 04/22/2026, 1PM Mountain.

Email questions and offers to jennifer.robles1@va.gov.

496-3660160-287-825500-2324 CS01Q00A1

X X

X 1

Jennifer Robles

VA-VHA-RPOW-2023-0015

36C26026Q0495

Table of Contents

SECTION A

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

COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

COMMERCIAL SERVICES (NOV 2023)

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.3 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.4 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 STATEMENT OF WORK

SECTION E - SOLICITATION PROVISIONS

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

SERVICES (SEP 2023)

E.2 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)

E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

E.4 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICE

E.5 BASIS OF SELECTION

E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION FEB 2025)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: TBD

b. GOVERNMENT: Contracting Officer 36C260

Department of Veterans Affairs

Network Contracting Office 20 (V4CONT)

1601 E. Fourth Plain Boulevard

Building 17, Suite B428

Vancouver WA 98661

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] Monthly

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

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

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 YR __________________ __________________

Roseburg VA Medical Center

913 NW Garden Valley Blvd, Roseburg, OR 97471

938400 1 Year UCSA Platinum Elite DX RTD Preferred Serial Number # 243000822

Contract Period: Base POP Begin: 09-01-2026 POP End: 08-31-2027

LOCAL STOCK NUMBER: 920003-001

Roseburg VA Medical Center

913 NW Garden Valley Blvd, Roseburg, OR 97471

938400 1 Year Networking & HL7 Interface Support Agreement - Up to 3 connections Serial Number # 346405

Contract Period: Base POP Begin: 09-01-2026

LOCAL STOCK NUMBER: 920017-003

VA Puget Sound Healthcare System, Seattle Division

1660 South Columbian Way, Seattle, WA 98108

941600 1 Year UCSA Ultima CPX Preferred Serial Number # 250000550

Contract Period: Base POP Begin: 09-01-2026

LOCAL STOCK NUMBER: 920007-001

1660 South Columbian Way, Seattle, WA 98108

941600 1 Year UCSA Ultima CPX Preferred Serial Number # 250000551

Contract Period: Base POP Begin: 09-01-2026

1660 South Columbian Way, Seattle, WA 98108

941600 1 Year UCSA Ultima CPX Preferred Serial Number # 250000552

Contract Period: Base POP Begin: 09-01-2026

1660 South Columbian Way, Seattle, WA 98108

941600 1 Year UCSA Platinum Elite DX RTD Preferred Serial Number # 243000826

Contract Period: Base POP Begin: 09-01-2026

1660 South Columbian Way, Seattle, WA 98108

941600 1 Year UCSA Ultima CardiO2 Preferred Serial Number # 250000524

Contract Period: Base POP Begin: 09-01-2026

LOCAL STOCK NUMBER: 920006-001

1660 South Columbian Way, Seattle, WA 98108

941600 1 Year Networking & HL7 Interface Support Agreement - Up to 3 connections Serial Number # 343777

Contract Period: Base POP Begin: 09-01-2026

VA Puget Sound Healthcare System, American Lake Division

9600 Veterans Dr SW, Tacoma, WA 98493

941600 1 Year UCSA Platinum Elite DX RTD Preferred Serial Number # 243000821

Contract Period: Base POP Begin: 09-01-2026

Mann-Grandstaff VA Medical Center

4815 N Assembly St., Spokane, WA 99205

990205 1 Year UCSA Platinum Elite DX RTD Preferred Serial Number # 243000789

Contract Period: Base POP Begin: 09-01-2026

4815 N Assembly St., Spokane, WA 99205

990205 1 Year UCSA Ultima PF RTD Preferred Serial Number # 251000317

Contract Period: Base POP Begin: 09-01-2026

LOCAL STOCK NUMBER: 920010-001

4815 N Assembly St., Spokane, WA 99205

990205 1 Year UCSA Platinum Elite DX RTD Preferred Serial Number # 243001333

Contract Period: Base POP Begin: 09-01-2026

4815 N Assembly St., Spokane, WA 99205

990205 1 Year Networking & HL7 Interface Support Agreement - Up to 3 connections Serial Number # 341923 Period of Performance

POP: 09/01/26 - 08/31/27

Boise VA Medical Center

500 West Fort Street, Boise, ID 83702

927385 1 Year Networking & HL7 Interface Support Agreement - Up to 3 connections Serial Number # 342317

Contract Period: Base POP Begin: 09-01-2026

500 West Fort Street, Boise, ID 83702

927385 1 Year Treadmill/Ergometer Essential Serial Number # 20200261

Contract Period: Base POP Begin: 09-01-2026

LOCAL STOCK NUMBER: 920021-001

500 West Fort Street, Boise, ID 83702

927385 1 Year UCSA Platinum Elite DX RTD Preferred Serial Number # 243000829

Contract Period: Base POP Begin: 09-01-2026

500 West Fort Street, Boise, ID 83702

927385 1 Year UCSA Platinum Elite DX RTD Preferred Serial Number # 243000828

Contract Period: Base POP Begin: 09-01-2026 POP End: 08-31-2027

500 West Fort Street, Boise, ID 83702

927385 1 Year UCSA Ultima CardiO2 Preferred Serial Number # 250000525

Contract Period: Base POP Begin: 09-01-2026

LOCAL STOCK NUMBER: 920006-001

500 West Fort Street, Boise, ID 83702

927385 1 Year UCSA CPFS/D USB Preferred Serial Number # 220006076

Contract Period: Base POP Begin: 09-01-2026

LOCAL STOCK NUMBER: 920014-001

VA Portland Healthcare System, Portland Campus

3710 SW US Veterans Hospital Rd., 4th Floor, Portland, OR 97239

936781 1 Year Networking & HL7 Interface Support Agreement - Up to 3 connections Serial Number # 343149

Contract Period: Base POP Begin: 09-01-2026

3710 SW US Veterans Hospital Rd., 4th Floor, Portland, OR 97239

936781 1 Year UCSA Platinum Elite DX RTD Preferred Serial Number # 243000465

Contract Period: Base

POP End: 08-31-2027

3710 SW US Veterans Hospital Rd., 4th Floor, Portland, OR 97239

936781 1 Year UCSA Platinum Elite DX RTD Preferred Serial Number # 243000466

Contract Period: Base POP Begin: 09-01-2026

3710 SW US Veterans Hospital Rd., 4th Floor, Portland, OR 97239

936781 1 Year UCSA Ultima PFX w/CardiO2 Preferred Serial Number # 251000141

Contract Period: Base POP Begin: 09-01-2026

LOCAL STOCK NUMBER: 920011-001

3710 SW US Veterans Hospital Rd., 4th Floor, Portland, OR 97239

936781 1 Year Treadmill/Ergometer Essential Serial Number # 20180131

Contract Period: Base POP Begin: 09-01-2026

3710 SW US Veterans Hospital Rd., 4th Floor, Portland, OR 97239

936781 1 Year Treadmill/Ergometer Essential Serial Number # 20180133

Contract Period: Base

Eugene VA Clinic 3355 Chad Road, Eugene, OR 97408

938400 1 Year UCSA Platinum Elite DX RTD Preferred Serial Number # 243000827

Contract Period: Base POP Begin: 09-01-2026

Walla Walla VA Medical Center

77 Wainwright Drive, Walla Walla WA 99362

939900 1 Year Networking & HL7 Interface Support Agreement - Up to 3 connections Serial Number # 342420

Contract Period: Base POP Begin: 09-01-2026

Walla Walla VA Medical Center

77 Wainwright Drive, Walla Walla WA 99362

939900 1 Year UCSA Platinum Elite DX RTD Preferred Serial Number # 243000734

Contract Period: Base POP Begin: 09-01-2026

VA Southern Oregon Rehabilitation Center and Clinics

8495 Crater Lake Hwy, White City OR 97503

944600 1 Year UCSA Platinum Elite DX RTD Preferred Serial Number # 243000825

Contract Period: Base POP Begin: 09-01-2026

VA Southern Oregon Rehabilitation Center and Clinics

8495 Crater Lake Hwy, White City OR 97503

944600 1 Year Networking & HL7 Interface Support Agreement - Up to 3 connections Serial Number # 346399

Contract Period: Base POP Begin: 09-01-2026

GRAND TOTAL __________________

B.3 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY DELIVERY DATE

0001-0002 SHIP TO: Roseburg VA Medical Center

913 NW Garden Valley Boulevard Roseburg, WA 97471 6523

USA

ALL No later than 08/31/2027

MARK FOR: ATTN: Cheryl Shaw 203-376-7227 cheryl.shaw@va.gov

0003-0008 SHIP TO: VA Puget Sound Health Care System, Seattle Division 1660 South Columbian Way Seattle, WA 98108 1532

USA

ALL No later than 08/31/2027

MARK FOR: ATTN: Cheryl Shaw

0009 SHIP TO: VA Puget Sound Health Care System, American Lake Division 9600 Veterans Drive Tacoma, WA 98493

USA

ALL No later than 08/31/2027

MARK FOR: ATTN: Cheryl Shaw

0010-0013 SHIP TO: Mann-Grandstaff VA Medical Center 4815 N. Assembly Street Spokane, WA 99205 6185

USA

ALL No later than 08/31/2027 mailto:cheryl.shaw@va.gov mailto:cheryl.shaw@va.gov

MARK FOR: ATTN: Cheryl Shaw

0014-0019

500 Fort Street Boise, ID 87202-4501

ALL No later than 08/31/2027

MARK FOR: ATTN: Cheryl Shaw

0020-0025 SHIP TO: VA Portland Health Care System 3710 SW U.S. Veterans Hospital Road Portland, OR 97239 2964

USA

ALL No later than 08/31/2027

MARK FOR: ATTN: Cheryl Shaw

0026 SHIP TO: Eugene VA Clinic 3355 Chad Road Eugene, OR 97408

ALL No later than 08/31/2027

MARK FOR: ATTN: Cheryl Shaw

0027-0028 SHIP TO: Walla Walla VA Medical Center 77 Wainwright Drive Walla Walla, WA 99362 3975

USA

ALL No later than 08/31/2027

MARK FOR: ATTN: Cheryl Shaw

0029-0030 SHIP TO: VA Southern Oregon Rehab Center 8495 Crater Lake Hwy White City, OR 97503 3011

USA

ALL No later than 08/31/2027

MARK FOR: ATTN: Cheryl Shaw mailto:cheryl.shaw@va.gov mailto:cheryl.shaw@va.gov

SECTION C - CONTRACT CLAUSES

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

SERVICES (NOV 2023)

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

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

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

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

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

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

The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

EFT.

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

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

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 5 days prior to contract expiration.

(End of Clause)

C.3 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract. Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of Clause)

C.4 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):

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-

52#FAR_52_252_1

http://www.va.gov/oal/library/vaar/index.asp

(End of Clause)

FAR Number Title Date

852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS NOV 2018

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS NOV 2023

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER

SUBCONTRACT AWARDS (DEVIATION)

NOV 2025

52.204-13 SYSTEM FOR AWARD MANAGEMENT—MAINTENANCE

(DEVIATION)

NOV 2025

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED,

JAN 2025

PROPOSED FOR DEBARMENT, OR VOLUNTARILY EXCLUDED

52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL

BUSINESS CONCERNS (DEVIATION)

NOV 2025

52.219-14 LIMITATIONS ON SUBCONTRACTING (DEVIATION) NOV 2025

52.219-28 POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION

(DEVIATION)

NOV 2025

52.222-3 CONVICT LABOR (DEVIATION) NOV 2025

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (DEVIATION) NOV 2025

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES

(DEVIATION)

NOV 2025

52.222-37 EMPLOYMENT REPORTS ON VETERANS (DEVIATION) NOV 2025

52.222-50 COMBATING TRAFFICKING IN PERSONS (DEVIATION) NOV 2025

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (DEVIATION) NOV 2025

52.223-23 SUSTAINABLE PRODUCTS (DEVIATION) NOV 2025

52.225-3 BUY AMERICAN—FREE TRADE AGREEMENTS—ISRAELI TRADE ACT

(DEVIATION)

NOV 2025

52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING

WHILE DRIVING

MAY 2024

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—SYSTEM FOR

AWARD MANAGEMENT

OCT 2018

52.222-41 SERVICE CONTRACT LABOR STANDARDS (DEVIATION) NOV 2025

52.222-51 EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT

LABOR STANDARDS TO CONTRACTS FOR MAINTENANCE,

CALIBRATION, OR REPAIR OF CERTAIN EQUIPMENT —

REQUIREMENTS (DEVIATION)

NOV 2025

52.222-55 MINIMUM WAGES FOR CONTRACTOR WORKERS UNDER

EXECUTIVE ORDER 14026 (DEVIATION)

NOV 2025

52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (DEVIATION) NOV 2025

52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (DEVIATION) NOV 2025

852.203-70 COMMERCIAL ADVERTISING MAY 2018

852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS FEB 2023

852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED

SMALL BUSINESS EVALUATION FACTORS (DEVIATION)

JAN 2023

852.215-71 EVALUATION FACTOR COMMITMENTS OCT 2019

(End of Addendum to 52.212-4)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 STATEMENT OF WORK

VISN 20 STATEMENT OF WORK (SOW)

Medical Graphics Corporation (MGC) Diagnostics Service Support

1. Background.

The VA Northwest Health Network, Veterans Integrated Service Network (VISN) 20, is responsible for providing health care to Veterans in the states of Alaska, Washington, Oregon, most of the state of Idaho, and one county each in Montana and California.

The VISN 20 network of eight (8) health care facilities is comprised of (7) medical centers and one (1) rehabilitation center. Two of the health care facilities are three (3) two-division campuses. These ten

(10) health care sites support thirty-six (36) Community Based Outpatient Clinics.

VISN 20 sites listed below under place of performance require on-site, full-service maintenance and repair contracts to ensure that a variety of MGC pulmonary and cardiac diagnostic systems (listed below) are kept in proper operating condition, have the latest compatible software operational and are ready for use on patients. This requirement includes software and firmware updates, all parts and service to properly provide preventative maintenance, diagnostics, phone support, and on-site repairs to ensure that all units are fully operational according to manufacturer specifications.

2. Applicable Documents. In performance of the tasks associated with this Performance Work Statement, the Contractor shall comply with the following:

2.1. 44 U.S.C. § 3541, “Federal Information Security Management Act (FISMA) of 2002”

2.2. FIPS Pub 201, “Personal Identity Verification of Federal Employees and Contractors,” March

2.3. 5 U.S.C. § 552a, as amended, “The Privacy Act of 1974”

2.4. 42 U.S.C. § 2000d “Title VI of the Civil Rights Act of 1964”

2.5. VA Directive 0710, “Personnel Suitability and Security Program,” September 10, 2004

2.6. VA Directive 6102, “Internet/Intranet Services,” July 15, 2008

2.7. 36 C.F.R. Part 1194 “Electronic and Information Technology Accessibility Standards,” July 1,

2.8. Office of Management & Budget (OMB) Circular A-130, “Management of Federal Information

Resources,” November 28, 2000

2.9. 32 C.F.R. Part 199, “Civilian Health and Medical Program of the Uniformed Services

(CHAMPUS)”

2.10. An Introductory Resource Guide for Implementing the Health Insurance Portability and

Accountability Act (HIPAA) Security Rule, October 2008

2.11. Sections 504 and 508 of the Rehabilitation Act (29 U.S.C. § 794d), as amended by the

Workforce Investment Act of 1998 (P.L. 105-220), August 7, 1998

2.12. Homeland Security Presidential Directive (12) (HSPD-12)

2.13. VA Directive 6500, “Information Security Program,” August 4, 2006

2.14. VA Handbook 6500.6, “Contract Security,” March 12, 2010

3. Place of Performance.

3.1. Work will be performed onsite at the locations in Table 1

Table 1. VISN 20 Site Addresses

Station Station

Boise Medical Center VA Medical Center 500 West Fort Street Boise, ID 83702

Jonathan M. Wainwright Memorial VA Medical Center 77 Wainwright Drive Walla Walla, WA 99362

VA Roseburg Health Care System – Roseburg Campus 913 Garden Valley Boulevard Roseburg, OR 97470

VA Southern Oregon Rehabilitation Center and Clinics 8495 Crater Lake Highway White City, OR 97503

VA Roseburg Health Care System – Eugene

CBOC

3355 Chad Drive Eugene, OR 97408

Mann-Grandstaff VA Medical Center 4815 N. Assembly Street Spokane, WA 99205

VA Puget Sound Health Care System – Seattle Division 1660 South Columbian Way Seattle, WA 98108-1597

VA Portland Health Care System 3710 SW U.S. Veterans Hospital Road Portland, OR 97239

VA Puget Sound Health Care System – American Lake Division 9600 Veterans Drive Tacoma, WA 98493

4. Scope.

4.1. This SOW outlines work elements for service, maintenance, and repair for MGC cardiac and pulmonary diagnostic systems listed below at the sites also listed below.

4.2. General Requirements:

4.2.1. The contractor shall provide all software, parts and service required for preventative maintenance, diagnostics, phone support, and on-site repairs, to ensure that all units are fully operational according to manufacturer specifications.

4.2.2. The contractor shall provide preventative maintenance (PM) on the listed items at the recommended manufacturer maintenance interval in accordance with the recommended manufacturer maintenance procedure. The contractor shall bear all parts and travel costs.

4.2.3. The contractor shall provide repair services as requested. Service response shall be provided within 48 hours, preferably sooner, from time of service request. The contractor shall bear all parts and travel costs.

4.2.4. When appropriate, the contractor shall provide exchange parts. Parts delivery and exchange parts shall be provided “Next Day”.

4.2.5. The contractor shall provide live toll-free technical support assistance and phone support.

4.2.6. The contractor shall provide software updates as they become available and shall assist in installing them remotely or on-site as needed.

4.2.7. A comprehensive service report shall be provided to the customer at the end of each service, PM, or repair stating serial number of equipment repaired, model number, device description/nomenclature, service description and calibration status.

4.2.8. The service report shall be provided within 24 hours of service completion in electronic or paper format, with a facility representative signature when requested.

4.2.9. The contractor shall not replace any part which should incur additional expense from the government without first obtaining prior approval from the VA Contracting Officer.

4.2.10. The contractor shall replace any parts needing repair with new parts equal or similar features and functionality. Parts coverage shall include O2 cell. This coverage shall not include cosmetic damage, malfunctions or failures resulting from negligence from the government.

4.2.11. Required service support by type of equipment is shown in the following table:

Equipment Description

Contract type

Parts Included

Labor on-site

Software Updates

Remote Support

Other

BreezeSuite HL7 Interface Software Support

N/A N/A Yes Yes Software support

MGC

Treadmill/Ergometer

Yes Yes NA Yes

MGC Spirometer, model CPFS/D USB

Yes N/A Yes Yes Software support

MGC Ultima CPX Metabolic Stress Testing System

Yes Yes Yes Yes Software support

MGC Body Plethysmograph, model Platinum Elite

DX RTD

Yes Yes Yes Yes Software support

MGC Gas exchange analysis system, model: Ultima CardiO2

Yes Yes Yes Yes Software support

5. Equipment/System List Shall be reviewed each year to ensure device has not reached end of life.

DESCRIPTION Serial Number Roseburg VAMC 1 Year UCSA Platinum Elite DX RTD Preferred 243000822 Networking and HL7 Interface Support 346405 Puget Sound Health Care System - Seattle 1 Year UCSA Platinum Elite DX RTD Preferred 243000826 1 Year UCSA Ultima CPX Preferred 250000550 1 Year UCSA Ultima CPX Preferred 250000551 1 Year UCSA Ultima CPX Preferred 250000552 1 Year UCSA Ultima CardiO2 Preferred 250000524 1 Year Networking and HL7 Interface Support 343777 Puget Sound Healthcare System – American Lake 1 Year UCSA Platinum Elite DX RTD Preferred 243000821 Spokane VA Medical Center 1 Year Networking and HL7 Interface Support 341923 1 year UCSA Ultima PF 251000317 1 Year UCSA Platinum Elite DX RTD Preferred 243001333 1 Year UCSA Platinum Elite DX RTD Preferred 243000789 Boise VA Medical Center 1 Year Networking and HL7 Interface Support 342317 1 Year UCSA Platinum Elite DX RTD Preferred 243000829 1 Year UCSA Platinum Elite DX RTD Preferred 243000828 1 Year UCSA CPFS/D USB Preferred 220006076 1 Year UCSA Ultima CardiO2 Preferred 25000525 1 Year Treadmill/Ergometer Essential 20200261 Portland VA Medical Center 1 Year Networking and HL7 Interface Support 343149 1 Year UCSA Platinum Elite DX RTD Preferred 243000465 1 Year UCSA Platinum Elite DX RTD Preferred 243000466 1 Year UCSA Ultima CardiO2 Preferred 251000141 1 Year Treadmill/Ergometer Essential 201180131 1 Year Treadmill/Ergometer Essential 201180133 Roseburg - Eugene Clinic 1 Year UCSA Platinum Elite DX RTD Preferred 243000827 Jonathon M Wainwright VA Medical Center 1 Year Networking and HL7 Interface Support 342420 1 Year UCSA Platinum Elite DX RTD Preferred 243000734 White City Rehabilitation Center 1 Year UCSA Platinum Elite DX RTD Preferred 243000825 1 Year Networking and HL7 Interface Support 346399

6. Government Furnished Property

6.1. Government furnished property will not be provided to the contractor.

7. Performance Monitoring

7.1. Contractor performance will be monitored and the work certified by the VA POC. The POC will assure contractor quality by routine inspections, product and report sampling, and monitoring while work is being performed.

8. Travel. On-site service is required. Travel is to be included in the contract. The Government does not anticipate any additional paid Contractor travel under this contract. No additional travel costs will be reimbursed by the VA.

9. Government Furnished Equipment/Information. The Contractor shall be allowed access to Government equipment to perform the required work. Information on Government equipment and systems shall be provided as necessary. No Government-owned property will be transferred into the Contractor’s control.

10. Invoicing. Invoices shall be submitted electronically via the Financial Services Center Mandatory

Electronic Invoice System, on a monthly basis. Invoices must include, at a minimum, the following information: Contractor name, purchase order number, period of service the billing covers, and a list of equipment items covered during the stated period of performance.

This requirement is in accordance with VARR Clause 852.232-72 Electronic Submission of Payment Requests: http://www.fsc.va.gov/einvoice.asp. Electronic payments are net 30 days.

11. Security Requirements. All contractor employees are subject to the same level of investigation as VA employees who have access to VA sensitive information or access to VA facilities. The background investigation includes the following requirements: 1) Completed documentation 2) Fingerprints 3) Completion of OPM’s e-QIP Questionnaire. The Contractor is required to fulfill all of the security requirements. The Contractor, upon completion of fingerprinting, and an initial suitability determination, may be authorized tentative access to start the performance period of the contract, but only on condition of completion of all security requirements. This requirement is applicable to all subcontractor personnel requiring the same access.

The C&A requirements do not apply and a Security Accreditation Package is not required

12. PRIVACY OFFICER LANGUAGE FOR PERFORMANCE WORK STATEMENT (PWS)

12.1. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data- General, FAR 52.227-14(d) (1).

12.2. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor’s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA’s information is returned to the VA or destroyed in accordance with VA’s sanitization requirements. VA reserves the right to conduct on-site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

12.3. Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

12.4. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

12.5. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

13. RECORDS MANAGEMENT LANGUAGE FOR CONTRACTS REQUIRED

13.1. The following standard items relate to records generated in executing the contract and should be included in a typical Electronic Information Systems (EIS) procurement contract:

13.2. Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33;

Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

13.3. Contractor shall treat all deliverables under the contract as the property of the U.S.

Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

13.4. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.

13.5. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

13.6. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

13.7. The Government Agency owns the rights to all data/records produced as part of this contract.

13.8. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

13.9. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974.

These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

13.10. No disposition of documents will be allowed without the prior written consent of the

Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

13.11. Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

14. Hours of Coverage & Federal Holidays. Maintenance Service will be provided during regular coverage hours of 8:00am to 6:00pm PT, Monday through Friday, excluding federal holidays.