S02 Combined Synopsis Solicitation 36C24820Q0920.docx

36C24820Q0920

COMBINED SYNOPSIS/SOLICITATION 36C24820Q0920

General Information

Contracting Office Address

NCO 8

ATTN: Clarelle Sylvain 8875 Hidden River Drive Tampa , FL 33637 Description This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

This solicitation is a request for quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) FAC 2020-01, 11-12-2019.

All offerors must be registered in System for Award Management (SAM) at https://www.sam.gov to be considered for an award of a federal contract registered in the record must be complete and not missing elements such as representations and certifications. Also, if you are a Veteran Owned Business (SDVOSB) your company must be registered and active in VIP (Vendor Information Pages) at https://www.vip.vetbiz.va.gov at the time quotes are due.

The associated North American Industrial Classification System (NAICS) code for this procurement is 561612-Diognostic Imaging Centers with a small business size standard of $16.5 million.

The Network Contracting Office 8, SAO East intends to award an Indefinite Delivery Indefinite Quantity (IDIQ) contract to obtain Mobile Ultrasound Services for the James A Haley VA Medical Center.

All questions regarding this RFQ must be in writing and may be sent by e‐mail to Clarelle.sylvain@va.gov.

VENDOR QUESTIONS: Questions must be received no later than June 11th at 1:00 PM. No further questions will be accepted after that date and time.

ANSWERS TO VENDOR QUESTIONS: Answers to vendor questions will be posted to FBO on June 13th , 2020 by 5:30 PM EST.

You are reminded that representatives from your company SHALL NOT contact any James A Haley VA Healthcare System personnel to discuss this RFQ during this RFQ process. All questions and concerns regarding this RFQ shall be directed to the Contracting Officer.

QUOTES: Quotes are due by 11:59 P.M. EST on June 19th, 2020. Quotes received after this date and time will be considered late. Quotes shall be submitted via email to Clarelle.Sylvain@va.gov.

Quoters shall provide a price within the following Price/Cost Schedule.

A.1 PRICE/COST SCHEDULE

ITEM INFORMATION

Bilateral upper/lower Extremity Venous Duplex/Doppler CPT Code 93970 in accordance to the PWS.

Contract Period: Base POP Begin: 07/03/2020 POP End: 07/02/2021

Unilateral upper/lower Extremity Venous Duplex/Doppler CPT code 93971 In accordance to the PWS.

Contract Period: Base POP Begin: 07/03/2020 POP End: 07/02/2021

Bilateral upper/lower Extremity Venous Duplex/Doppler CPT Code 93970 in accordance to the PWS.

Contract Period: Option Year 1 POP Begin: 07/03/2021 POP End: 07/02/2022

Unilateral upper/lower Extremity Venous Duplex/Doppler CPT code 93971 In accordance to the PWS.

Contract Period: Option Year 1 POP Begin: 01-13-2021 POP End: 01-12-2022

Bilateral upper/lower Extremity Venous Duplex/Doppler CPT Code 93970 in accordance to the PWS.

Contract Period: Option Year 2 POP Begin: 07/03/2022 POP End: 07/02/2023

Unilateral upper/lower Extremity Venous Duplex/Doppler CPT code 93971 In accordance to the PWS.

Contract Period: Option Year 2 POP Begin: 01-13-2022 POP End: 01-12-2023

Bilateral upper/lower Extremity Venous Duplex/Doppler CPT Code 93970 in accordance to the PWS.

Contract Period: Option Year 3 POP Begin: 07/03/2023 POP End: 07/02/2024

Unilateral upper/lower Extremity Venous Duplex/Doppler CPT code 93971 In accordance to the PWS.

Contract Period: Option Year 3 POP Begin: 01-13-2023 POP End: 01-12-2024

Bilateral upper/lower Extremity Venous Duplex/Doppler CPT Code 93970 in accordance to the PWS.

Contract Period: Option Year 4 POP Begin: 07/03/2024 POP End: 07/02/2025

Unilateral upper/lower Extremity Venous Duplex/Doppler CPT code 93971 In accordance to the PWS.

Contract Period: Option Year 4 POP Begin: 01-13-2024 POP End: 01-12-2025

Bilateral upper/lower Extremity Venous Duplex/Doppler CPT Code 93970 in accordance to the PWS. IAW 52.217-8 Contract Period: Option Year 5 POP Begin: 07/03/2025 POP End: 01/02/2026

Unilateral upper/lower Extremity Venous Duplex/Doppler CPT code 93971 In accordance to the PWS .IAW 52.217-8 Contract Period: Option Year 5 POP Begin: 07/03/2025 POP End: 01/02/2026

PERFORMANCE WORK STATEMENT

MOBILE ULTRASOUND SERVICES

A. GENERAL:

Services Provided: The contractor shall provide unilateral or bilateral lower or upper extremity venous duplex/Doppler utilizing James A Haley VAMC procedure guideline. Services to be furnished by the contractor and a space provided by James A. Haley VAMC. Equipment is furnished by the contractor. Staff is to be furnished by the contractor. Hours of service will be from 8:00 AM to 6:00 PM Saturday, Sunday and Federal Holidays.

Place of Performance: Contractor shall furnish services at James A Haley VAMC.

B. QUALIFICATIONS:

Staff/Facility – The contractor shall provide 1 (one) Board Certified Radiologist or Vascular Surgeon to interpret studies and 1 (one) Registered Vascular Technologist or Registered Vascular Specialist to perform the studies.

License – The following qualifications will be required:

· Registered Vascular Technologist (RVT) by American Registry for Diagnostic Medical Sonography (ARDMS)

· Registered Vascular Specialist by Cardiovascular Credentialing International (CCI).

· Contractor will also Provide Medical License for Board-Certified interpreting Radiologist or Vascular Surgeon.

Board Certification Radiologist or Vascular Surgeon will require Board Certification.

The Contractor must always complete continuing education courses required for maintaining certification kept up to date. Documentation verifying current certification shall be provided by the Contractor to the VA COR on an annual basis for each year of contract performance. A folder with the stated qualifications will be maintained by the COR.

Training (ACLS, BLS and VA MANDATORY: Contractor shall meet all VA educational requirements and mandatory course requirements defined herein; all training must be completed by the Contractor’s physician(s) and technologists as required by the VA.

List all training required, frequency and associated time

C. HOURS OF OPERATION:

VA Business Hours: VA business hours/hours of operation are Monday through Friday 8:00 AM – 4:30 PM.

Work Schedule: Hours of service will be Saturday, Sunday and Federal Holidays from 8:00AM – 6:00 PM The Mobile Ultrasound service is required on an on-call basis. They are to arrive within 2 hours from the time of call from the AOD or Service at James A Haley VAMC.

Federal Holidays:

· New Year’s Day

· Martin Luther King’s Birthday

· President’s Day

· Memorial Day

· Independence Day

· Labor Day

· Columbus Day

· Veterans Day

· Thanksgiving Day

· Christmas Day

· Any day specifically declared by the President of the United States to be a national holiday.

D. CONTRACTOR RESPONSIBILITIES:

Clinical Personnel Required: 1 Vascular Technologist or Vascular Specialist to perform patient exam/studies and a Physician to interpret the studies.

Direct Patient Care: 100 % of the time involved in direct patient care. The contractors and role will be 100% to patient care related.

Scope of Care: Contract personnel (s) (as appropriate and within scope of practice/privileging) shall be responsible for providing Mobile Ultrasound Services, including, but not limited to:

· The Contractor will provide unilateral or bilateral lower or upper extremity venous duplex/doppler utilizing the James A Haley VAMC procedure guideline.

· Services to be furnished by the Contractor at a space provided by James A Haley VAMC. Equipment to be furnished by the Contactor. Staff is to be furnished by the Contractor.

· The Contractor will receive a phone call from James A Haley VAMC and speak directly with the Provider/AOD to obtain the Patient’s vital information.

· Contractor personnel should arrive at the hospital within 2 hours

· When the contract personnel arrive at the hospital, they will report to the AOD desk to sign in and receive the Patient’s consult.

· They will be provided with an e-mail address to send a message to when arriving to the Medical Center.

· The contract personnel will perform the exam/study in the patient’s room with their own portable equipment/ Duplex Imager.

· Once the study is completed, the contract personnel will give a written preliminary report to the ordering Provider, Physician on team, or the RN assigned to the patient. The contract personnel will document on the preliminary report, the name of person given the report and include the date and time. They will also leave a copy of the preliminary report study worksheet and CD with the study images in a specific location.

· The CD containing the study images must be in appropriate read format and labelled with patient’s name, birthdate, last four of social security number, study date and time.

· Once the contract personnel complete the patient’s exam/study they will need to sign out with the AOD and send an e-mail to the provided e-mail address.

· The contractor will provide a final written Physician signed report with 24 hours of completion of the study. If the interpreting Physician’s final report has significant changes from the preliminary report, the interpreting Physician will call the AOD (phone number) to contact the ordering Provider or Physician on team to call if they have questions regarding the study report. The Contractor should provide an interpreting Physician between hours of Service to answer questions regarding the study or study results. Calls made to the Contractor should be returned within 1 hour.

· The final interpretation and final typed Physician signed should be sent by fax to (813) 979-3642.

Reporting Information for Treatment:

Final Interpretation Report will include:

· Patient’s full name

· Date of Birth

· Last four of social security number

· James A Haley VAMC consult number

· Identify date and time test was performed

· Identify which duplex study was performed (upper/lower and unilateral/bilateral)

· Full name of technologist who performed the study

· Indication for testing, body of report, and summary

· Include date, time and name of person the preliminary results were given to

· Interpreting Physicians name, date and time of dictation.

Vendor Record Storage Process:

· Duplex Imagers hard drives with patient names will be cleared/deleted after images to secondary secure storage (within five business days).

· Contractor will have security/encryption on all patient image storage and reporting systems/hardware.

· Contractor will keep patient images/reports for seven years.

· Contractor will destroy paper via crosscut shredder at Contractor location (not to be sent out for shredding), after the file is saved as a PDF.

· Contractor maintains confidentiality and security to patient information.

E. ADMINISTRATIVE: estimated 0% of time not involved in direct patient care

F. PERFORMANCE STANDARDS, QUALITY ASSURANCE (QA) SURVEILLANCE PLAN AND QUALITY IMPROVEMENT(QI) Performance Standards:

Measure: Timeliness Performance Requirement: Final Report is provided to James A Haley VAMC within 24 hours of the completion of the study. Arriving at the hospital within 2 hours from time of call from requesting Service or Provider.

Standard: Provided within 24 hours Acceptable Quality Level: 85% Surveillance Method: Quarterly audits. Review final report provided within 24 hours of completion of the study. Issues called to Mobile Ultrasound Services and corrected. Will monitor emails sent from contractor personnel to provide email address when arriving and departing from the Hospital.

Frequency: Quarterly Measure: Mandatory Privacy Training Performance Requirement: Contractor personnel (s) shall complete all required training on time per VAMC policy. Contractor personnel (s) is aware of all laws, regulations, policies and procedures relating to Privacy, Confidentiality, and HIPAA and complies with all standards Zero breaches of privacy or confidentiality.

Standard: All contractor personnel (s) shall comply with all laws, regulations, policies and procedures relating to Privacy, Confidentiality, and HIPPA.

Acceptable Quality Level: 100% Surveillance Method: Periodic sampling, Contractor personnel (s) shall provide evidence Periodic sampling Contractor personnel (s) shall provide evidence of annual training required by VAMC, reports violations per VA Directive 6500.

Frequency: Annually Measure: Quality

Performance Requirement: Clinical outcomes will compare favorably with upper lower venous ultrasound findings

Standard:

Acceptable Quality Level: 95%

Surveillance Method: Periodic Inspection –CPRS review quarterly to determine if treatment provided.

Frequency: Quarterly Measure: Patient Safety Performance Requirement: Patient safety incidents shall be reported using Patient Safety Report. All incidents shall be reported immediately (within 24 hours)

Standard: All incidents shall be reported immediately (within 24 hours)

Acceptable Quality Level: 100%

Surveillance Method: Direct observation and random inspection

Frequency: Quarterly

Measure: Maintains licensing, registration, and certification.

Performance Requirement: Updated Licensing, registration and certification shall be provided as they are renewed. Licensing and registration information shall be kept current

Standard: All licensing, registration(s) and certification(s) for contract personnel (s) shall be provided as they are renewed Licensing and registration information shall be kept current

Acceptable Quality Level: 100%

Surveillance Method: Periodic Sampling and Random Sampling

Frequency: Annually Measure: Invoices

Performance Requirement: Contractor personnel (s) shall submit all invoices to match patient reports received. Discrepancies are addressed and corrected prior to processing of payment.

Standard: All invoices should match patient reports received

Acceptable Quality Level:80%

Surveillance Method: Periodic Inspection – review monthly invoices and compare to VA database.

Frequency: Monthly

Method Met AQL/DID NOT MEET AQL-

CPAR RATING/ADD COMMENTS

Final Report is provided to James A Haley Veterans Hospital (JAHVH) within 24 hours of the completion of the study.

Provide Final report within 24 hours of completion of study.

Arriving at the hospital within 2 hours from time of call from requesting Service or Provider.

Will monitor emails sent from contractor personnel to provided email address when arriving and departing from the Hospital.

Contractor personnel (s) shall provide evidence of annual training required by VAMC, reports violations per VA Directive 6500.6

All incidents shall be reported immediately (within 24 hours)

Licensing and registration information shall be kept current

review monthly invoices and compare to VA database.

A.2 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C248 Clarelle Sylvain Department of Veterans Affairs Network Contracting Office 8 (248) 8875 Hidden River Dr Tampa FL 33637

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

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.

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971

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 persons 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) FAR Number

52.203-7 Title

ANTI-KICKBACK PROCEDURES

Date

MAY 2014

52.203-17

52.204-9

CONTRACTOR EMPLOYEE WISSHLEBLOWER RIGHTS

PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL

APRIL 2014

JAN 2011

52.204-13

52.232-39

SYSTEM FOR AWARD MANAGEMENT MAINTENANCE

UNFORCEABLILITY OF UNAUTHORIZED OBLIGATIONS

OCT 2018

JUNE 2013

52.232-40

52.244-6

PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS

SUBCONTRACTS FOR COMMERCIAL ITEMS

DEC 2013

AUGUST 2019

C.3 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009)

The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses or veteran-owned small businesses proposed as subcontractors in accordance with 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, or to substitute one or more service-disabled veteran-owned small businesses or veteran-owned small businesses for subcontract work of the same or similar value.

(End of Clause)

C.4 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through five (5) years.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause)

C.5 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $0, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $ (TO BE DETERMINED);

(2) Any order for a combination of items in excess of $ (TO BE DETERMINED); or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 30 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.6 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 1/2/2026.

(End of Clause)

C.7 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 15 Calendar days.

(End of Clause)

C.8 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 calendar days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 calendar days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause)

C.9 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause) C.10 52.247-21 Contractor Liability for Personal Injury and/or Property Damage.

As prescribed in 47.207-7(c), insert the following clause in solicitations and contracts for transportation or for transportation-related services:

Contractor Liability for Personal Injury and/or Property Damage (Apr 1984) (a)The Contractor assumes responsibility for all damage or injury to persons or property occasioned through the use, maintenance, and operation of the Contractor’s vehicles or other equipment by, or the action of, the Contractor or the Contractor’s employees and agents.

(b)The Contractor, at the Contractor’s expense, shall maintain adequate public liability and property damage insurance during the continuance of this contract, insuring the Contractor against all claims for injury or damage.

(c)The Contractor shall maintain Workers’ Compensation and other legally required insurance with respect to the Contractor’s own employees and agents.

(d)The Government shall in no event be liable or responsible for damage or injury to any person or property occasioned through the use, maintenance, or operation of any vehicle or other equipment by, or the action of, the Contractor or the Contractor’s employees and agents in performing under this contract, and the Government shall be indemnified and saved harmless against claims for damage or injury in such cases.

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

C.11 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (OCT 2019)

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

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 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:

[Contracting Officer check as appropriate.] x__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), 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 (Oct 2015) (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 (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (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 (Oct 2015) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

(12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved] __x_ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (Oct 2015) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

_X__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

__X_ (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

__x_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__x_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

__x_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__x_ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

__x_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

_x__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

_x__ (31) 52.222-37, Employment Reports on Veterans (Oct 2015) (38 U.S.C. 4212).

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__x_ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989).