S02-36C77021Q0464.docx

36C77021Q0464

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.

DUNS:

DUNS+4:

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. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

NCO 15 Contracting Ofc - CMOP 765-21-3-020-0283

06-17-2021

HANSROTH, JESSICA

913-684-0145 06-30-2021 6:00am

CDT

36C770 Department of Veterans Affairs 3450 S 4th St. Trafficway Leavenworth, KS 66048-5581

X

Y 333924 750 Employees

N/A

36C765 Department of Veterans Affairs

CMOP HINES

5TH & ROOSEVELT ROAD

HINES,IL 60141

36C770 Department of Veterans Affairs National CMOP Contracting Office 3450 S. 4th St. Trafficway Leavenworth, KS 66048-5581

Department of Veterans Affairs

FSC

PO Box 149971 Austin TX, 78714-8971

See CONTINUATION Page

Solicitation Package shall include:

1. SF1449 - Solicitation cover page (Signed)

2. Quote - Price Schedule (Excel format)

3. Authorized Distributor Letter only if you are not the manufacturer.

Submit Packages via email to: Jessica.Hansroth@va.gov

Solicitation Packages failing to include required documents shall be deemed technically unacceptable.

See CONTINUATION Page

Zaritz, Larry

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:

b. GOVERNMENT: Contracting Officer 36C770

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:

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.

Page 1 of Page 1 of

B.2 Statement of Work

1. OBJECTIVES: The Emergency Pharmacy Service is currently looking to build one (1) Mobile Pharmacy Unit. Overall vehicle height not to exceed of 14’ and overall length not to exceed 36’.

1.1 Chassis Selection

1.1.1 The vehicle will be new and untitled

1.1.2 Equipped with the appropriately sized engine and transmission to support the Gross Vehicle Weight (GVW) of the vehicle

1.1.3 The vehicle will meet Title 49, US Code Chapter 301, FMVSS 209, Part 571, SAE J2422, REV 3: Crash Avoidance, Worthiness and Post-Crash Standards. The vendor will provide documentation for the chassis manufacture of conformity.

1.2 Cab of Truck

1.2.1 The cab of the truck will be a 26” extended cab with driver, passenger seats, with a full-width rear bench seat. Independent air suspended seats and tip-out, tinted side rear windows, and a cab privacy curtain. A fabricated console that contains a CB radio and one (1) GPS Truck Navigator with Built-in Dash Cam. In addition: (1) aero dynamic wind fairing, one (1) set heavy duty mud flaps, and GPS Tracking System.

1.3 Body of Vehicle

1.3.1 The body and storage compartments will be fabricated as one unit and built independently of the chassis and designed structurally to allow mounting as a shell under and further constructed in a manner to allow the completed body to be remounted to a new chassis should it be required.

1.3.2 The structure will be manufactured utilizing an all-aluminum alloy construction to ensure long-term durability, corrosion resistance and strength. Side body walls shall be fabricated with a single sheet of aluminum without vertical seams.

1.3.3 Graphics

1.3.3.1 The vehicle will be branded with the official Veterans Affairs Seal with the words Mobile Pharmacy Unit on both sides of the vehicle. Custom design layout will be determined at pre-construction.

1.3.4 Paint

1.3.4.1 The exterior paint on the cab of the vehicle and the body of the vehicle will be determined at pre-construction.

1.4 Roof

1.4.1.1 The roof will be capable of supporting the weight of personnel, equipment, camera tripods, cable etc. The roof should have aluminum tread or equivalent for support and traction.

1.5 Exterior Components

1.5.1 Awning – Electric awning over the entrance that will be color coordinated with the vehicle. Color to be determined at pre-construction.

1.5.2 Back up Camera – One (1) cab mounted LED monitor and an IP69K rated rear camera will be provided.

1.5.3 Side View Camera – One (1) set of sideview cameras tied to the LED back up monitor at the driver’s location.

1.5.4 Stabilizing Jacks –A set of stabilizing jacks will be installed. These jacks will be attached to the chassis frame rails with the appropriate fasteners. A warning light indicating that the stabilizer jacks are not retracted all the way will be visible in the cab area.

1.5.5 Roof Access Ladder – A roof access ladder shall be attached to the vehicle. The rungs on the ladder will be of a non-slip surface. A lockable ladder guard will be installed to deter authorized personnel from using the ladder. The ladder will be the same color as the vehicle (to be determined at pre-construction).

1.5.6 Air Conditioning Units – Roof mounted air handlers that provide air conditioning and heat units will be installed on the vehicle. These units must be able to cool/heat the unit.

1.5.7 A/C Brush Guards – An aluminum framed roof A/C Unit brush guard will be provided. Each air handler unit will have a brush guard installed for protection.

1.5.8 Easy Steps and Handrails – The curbside entry door shall have a fold out step that folds below floor level in the compartment and folds down for deployment with attachable handrails. The steps will be equipped with LED safety lights. The steps must be designed to support up to 500 lbs. Attachable handrails fabricated with couplings and safety pin.

1.5.9 Pull-Out Platform & Clip-on Steps – Two (2) diamond plate pull out platforms with clip-on steps and handrails. The steps must be designed to support up to 500 lbs.

1.5.10 Emergency Lighting

1.5.10.1 LED scene lights: three (3) curbside, two (2) street side, two (2) on the rear and one (1) each on the underside of the dispensary doors. The two (2) at the rear will also act as reverse lights, one (1) set LED, tail, turn & marker lights, one (1) LED light bar mounted on an antenna platform, and underbody ground lights. In addition, two (2) platform lights.

1.5.11 Rear Bumper – One (1) full body width bumper will be equipped with 1/8” diamond plate tread-plate facing.

1.5.12 Drip Rail – Aluminum drip rails shall be included over all compartment and entry doors.

1.5.13 Rear License Plate – Provisions will be provided for the mounting of the license plate with tag light.

1.5.14 Window(s) – All door and side body windows shall be tinted and include black out window coverings.

1.5.15 Rear Hitch – One (1) Class V hitch shall be welded to the frame of the vehicle. All trailer electrical hook ups will be in the rear bumper of the vehicle.

1.5.16 I/O Panel – An Input/Output (I/O) panel shall be installed on the vehicle body. This panel will be protected with a weatherproof door that latches and lock in two positions, one fully closed and the other partially open to provide protection for the land lines.

1.5.17 Outlets- Exterior – Four (4) 120 VAC GFCI duplex outlets with weatherproof covers shall be installed on the exterior of the body, two (2) street side and two (2) curbside

1.5.18 Night Service – An appropriately sized night service plug shall be installed on the street side of the vehicle. The night service plug will eject the cord when the ignition is placed in the on position.

1.5.19 Shore Power Input –

1.5.19.1 Shore power input connectors shall be installed on the curbside of the vehicle with a rating of 240 Volt and 50 Amps.

1.5.19.2 A single point ground stud tied to the body and chassis shall be installed on the curbside of the vehicle.

1.5.19.3 A 25’-50 Amp shore power cord shall be provided with plug connection.

1.5.20 SAT System

1.5.20.1 One (1) V-SAT antenna will be installed on the roof. Satellite provider will be provided at pre-construction.

1.5.21 Antenna Rail

1.5.21.1 Two (2) roof mounted 2” x 3” aluminum antenna rails with side access for antenna mounts

1.5.22 Dome Security Cameras

1.5.22.1 Exterior dome cameras will be installed on the vehicle body at high visibility locations projecting to the front, street and curb side and the rear.

1.5.22.2 One (1) NVR recorder shall be included with hard drive.

1.5.23 Stair Storage Box – A two (2) door compartment shall be constructed on the rear of the vehicle. This compartment shall have hangers for the clip-on platform stairs to be easily stowed on the exterior of the vehicle.

1.5.24 Exterior Compartment & Door Specifications

1.5.24.1 Curbside – Single flip down door providing access to a platform for the prescription drop off window

1.5.24.1.1 Single door storage compartment

1.5.24.1.2 Single flip-down door for entry/exit platform

1.5.24.1.3 Single flip-down door providing access to a platform for the prescription pick-up window

1.5.24.1.4 Single flip-up door housing a prescription window

1.5.24.1.5 Single flip-up door housing a prescription window

1.5.24.2 Street side – Single door storage compartment. Single door battery compartment. Double door generator compartment. Single door compartment housing shore power connections.

1.5.24.3 Rear – Double door providing access to the platform stairs.

1.6 Interior Floor – All seams and screw holes will be filled and sanded smooth. The floor and will be covered with commercial grade heavy duty vinyl flooring, color determined at pre-construction. Custom flooring with the official Veterans Affairs Seal.

1.7 Interior Lighting & Outlets

1.7.1 Interior LED Lighting

1.7.1.1 White flush mounted 8” round LED lights shall be installed throughout the vehicle. These lights will be switched at the electrical control panel and operate from the 12 VDC system and not require the generator or shore power

1.7.2 Under Cabinet Lighting

1.7.2.1 White 3” round LED lights shall be mounted under the overhead cabinets.

1.7.3 Outlets - Interior

1.7.3.1 The maximum 120 VAC duplex outlets locations at all workstations will be provided.

1.8 Interior Fit out

1.8.1 Interior Pharmacy Area

1.8.1.1 Counter tops and workstations shall be covered in medical grade material, hard surface with stain resistance up to 16 hours.

1.8.1.2 One (1) Curbside Intake Prescription Window workstation with a 24” monitor on a swing arm, 3 storage drawers, box office style window leading to the exterior, one (1) roll around chair (ability to secure during transit) and open storage for overflow product.

1.8.1.3 One main (1) Entry/exit door (does not preclude an emergency exit).

1.8.1.4 One (1) Curbside Pick up window workstation with a 24” monitor on swing arm, three (3) storage drawers, box office style window leading to the exterior, custom shelving system for completed prescriptions (cargo net included for securing loose items during transit), one (1) roll around chair (ability to secure during transit) and open storage for bins and overflow product.

1.8.1.5 One (1) Stand-up height workstation on the rear wall of the vehicle with 24” monitor on swing arm, one (1) DIN Level P-4, BBA compliant paper shredder and one (1) roll around chair (ability to secure during transit).

1.8.1.6 One (1) Street side Custom made cabinet bin system with 100 cubbies for storing medication bottles (cargo net included for securing items during transport).

1.8.1.7 Four (4) large drawers and two (2) large open storage areas for overflow product.

1.8.1.8 One (1) Street side standing height workstation with 24” monitor on swing arm and one (1) roll around chair (ability to secure during transit).

1.8.1.9 One (1) 17RU slide out equipment rack.

1.8.1.10 One (1) medical grade 8cf lockable self-closing glass-door refrigerator that meets CDC/VFC guidelines with digital data logger, temperature alarm, and automatic defrost cycle. This shall be located below the equipment rack.

1.8.1.11 One (1) galley area with base cabinet, under counter refrigerator, microwave, and overhead cabinet for additional storage.

1.8.1.12 One (1) Electrical Load Center cabinet located above the Galley Area.

1.8.1.13 Multiple LED computer/television monitors located on the front, side, and rear walls to expand the communication aspect and situational awareness throughout the interior of the vehicle.

1.8.1.14 Two (2) event clocks located in the front and rear of the interior workspace

1.8.1.15 Each workstation will be provided with wall mounted data, USB, and electrical connections.

1.8.1.16 CAT6 wiring at all workstations

1.8.1.17 All high voltage and low voltage wiring per National Electric Code (NEC)

1.8.2 Heating

1.8.2.1 A total of two (2) 1500-watt electric heaters shall be installed. D” series diesel furnace system 18,000 BTU.

1.8.3 Refrigerator/Microwave

1.8.3.1 A refrigerator and microwave will be installed.

1.9 Electrical & Power Systems

1.9.1 12 VDC Wiring

1.9.1.1 Proper wire sizes shall be determined for each circuit

1.9.1.2 All 12 VDC wiring shall be color coded and routed through spilt loom cable covers

1.9.2 Battery System

1.9.2.1 The vehicle will be equipped with dual battery system (chassis/auxiliary).

1.9.2.2 The auxiliary battery system to support the conversion load shall be installed.

1.9.3 Battery Paralleling – Battery Boost – Emergency Start Switch

1.9.3.1 A dash-controlled system shall be provided to parallel the main and auxiliary batteries for increased engine cranking capability

1.9.3.2 The jump switch shall be located in the driver’s position.

1.9.4 Power Converter

1.9.4.1 One (1) 120 VAC to 12 VDC power converter shall be provided to support the 12 VDC electrical load and charge the batteries during generator or shore power operations.

1.9.4.2 A power converter shall be provided.

1.9.5 120 VAC Wiring

1.9.5.1 Appropriately sized wiring shall be utilized and routed through cable raceways.

1.9.5.2 All wiring shall be installed in accordance with the National Electric Code (NEC).

1.9.6 Generator – Power Tech

1.9.6.1 The appropriately sized generator to power the unit will be supplied. The entire compartment will be sound proofed to attenuate noise to the maximum degree possible.

1.9.6.1.1 Block and Pan Heater – the generator shall be equipped with engine block and oil pan heaters.

1.9.6.1.2 Shut Down System – The generator shall be equipped with sensors that will activate the generator shut down system on low oil pressure and high-water temperature.

1.9.6.1.3 Remote Start – The generator shall include a remote start/stop preheat switch and hour meter located in the vehicle power distribution panel.

1.9.6.1.4 Fuel Supply – Fuel supply for the generator will be from the chassis fuel tank. The system will be designed and installed to leave a minimum of ten (10) gallons of fuel when the generator runs out of fuel.

1.9.6.2 12 VDC

1.9.6.2.1 The generator will be equipped with a 12 VDC alternator that will satisfy all 12 VDC systems on the generator.

1.9.6.3 Power Distribution Panel

1.9.6.3.1 Will consist of a custom anodized aluminum panel equipped with:

1.9.6.3.1.1 Circuit breakers for both 120 VAC and 12 VDC applications.

1.9.6.3.1.2 A power transfer switch for selection of either generator or shore power.

1.9.6.3.1.3 Meters for monitoring voltage, amperage and frequency.

1.9.6.3.1.4 An audible over-voltage alarm to sense and warn of irregular voltage from either source.

1.10 Communications Items

1.10.1 Communications Wiring

1.10.1.1 All communications wiring will be identified by the appropriate labels on both ends of the cables.

1.10.2 Roof Mounted Antenna(s)

1.10.2.1 Antenna rails on the roof shall be the access point to communicate via RD patch panel with the radios.

1.10.3 Wire Chase Management

1.10.3.1 Wire and cable raceway shall be provided overhead for easy access. Interior ceiling access points shall be provided in the drop ceiling for accessing and running future cables.

1.10.4 Patch Panel

1.10.4.1 One (1) patch panel provided in each rack.

1.11 Alarm Systems

1.11.1 Alarms

1.11.1.1 The vehicle s will be provided with two (2) hardwired smoke & CO detectors with 9V battery backup.

1.11.2 Interlock

1.11.2.1 All points of entry doors, jacks, awnings, satellite antennas, and any other external compartments shall be wired to an interlock system. This interlock system will sound an alarm with activated and silenced when stowed. In addition, there will be indicator lights in the cab.

1.12 Communication Equipment Rack

1.12.1 The rack will be designed to give a universal mounting platform.

1.12.2 The rack will have a weight capacity up to 250 lbs.

1.12.3 In addition to the front access, the rack will slide out and pivot providing access to the rear of the equipment.

1.12.4 Will have air duct vent on top in order to provide ample air ventilation.

1.12.5 The following equipment will be provided:

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

MOBILE PHARMACY UNIT

B.4 DELIVERY SCHEDULE

5th and Roosevelt Blg 37 NW Dock 18 Hines, IL 60141 3030

USA

708 786-7569 Carlos.Araghi@va.gov

VETERANS HEALTH ADMINISTRATION

MOBILE PHARMACY UNIT

STATEMENT OF NEED

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

(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 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 32.608-2 of the Federal Acquisition Regulation 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 ITEMS 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 VAAR 852.212-71 GRAY MARKET ITEMS (APR 2020)

(a) No gray market or remanufactured items will be acceptable. Gray market items are Original Equipment Manufacturers’ (OEM) goods sold through unauthorized channels in direct competition with authorized distributors. This procurement is for new OEM medical equipment only for VA medical facilities.

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

(End of Clause)

C.4 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.5 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

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

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

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

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

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

[] 852.214–74, Marking of Bid Samples.

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

[X] 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.

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

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

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

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

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

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

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

[X] 852.233–71, Alternate Protest Procedure.

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

[X] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

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

[] 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.6 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

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

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

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

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

(End of Clause) C.7 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes the clause: 852.215-70 Service-disabled veteran-owned and veteran-owned small business evaluation factors. Accordingly, any contract resulting from this solicitation will include the clause 852.215-71 Evaluation factor commitments.

(b) The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) to assist in assessing Contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the Contractor's business records or other proprietary data to review such business records regarding contract compliance with this requirement.

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

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

(End of Clause) (End of Addendum to 52.212-4)

C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021) (JUL 2020) (DEVIATION)

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

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

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

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115–232).

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

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

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

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

[X] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

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

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

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

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

[X] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

[] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-3.

[X] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-4.

[] (13) [Reserved] [] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-6.

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[X] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219–9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (JUN 2020) of 52.219–9.

[] (v) Alternate IV (JUN 2020) of 52.219–9.

[] (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (ii) Alternate I (MAR 2020) of 52.219-13.

[] (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15…