S02 - Combined Synopsis Solicitation RFQ 36C25622Q1491 - Vital Sign Monitors v2.pdf

36C25622Q1491

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

General Information:

Document Type: Combined Solicitation/Synopsis

Solicitation Number: 36C25622Q1491

Posted Date: August 26, 2022

Questions Due Date/Time: August 31, 2022/2:00pm (CST)

Response Due Date/Time: September 06, 2022/4:00pm (CST

Product or Service Code: 6515

Set Aside: Service-Disabled Veteran Owned (SDVOSB)

NAICS Code: 334510

Size Standard 1,250 Employees

Point of Contact: Steven A. Berkeley – Email: Steven.berkeley@va.gov

Contracting Office Address

Department of Veterans Affairs Network Contracting Office 16 5075 Westheimer Road, Suite 750 Houston, TX 77056-5643

Description

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for

Evaluation and Solicitation for Commercial Items,” in conjunction with FAR Part 13.5 for Certain

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 issued as a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular:

2022-07, 08-10-2022. This competitive solicitation is being issued as a Total SDVOSB Set –

Aside.

The associated North American Industrial Classification System (NAICS) code for this procurement is 334510, with a small business size standard of 1,250 employees.

The Department of Veterans Affairs (VA), Southeast Louisiana Veterans Healthcare (SLVHCS), located at 2400 Canal Street, New Orleans, LA, 70119, is requesting to replacement of existing Welch Allyn Connex vital Sign Monitors. Monitors must be capable of connecting wirelessly with the veteran’s medical record and populate results. This acquisition includes wall mounted and portable monitors. This is a brand name or equal RFQ. See B.2 Price/Cost mailto:Steven.berkeley@va.gov

Schedule/B.3 Statement of Work (SOW) pgs. 5 through 16 of this document for details of the Governments requirement.

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

a. CONTRACTOR: POC Name: _________________ Address: ___________________ Phone: _____________________ Email: ______________________ Unique Entity Number: ______________ Tax ID Number: ______________

b. GOVERNMENT: Steven A Berkeley, Contracting Officer 36C256

Department of Veterans Affairs

Network Contracting Office 16

5075 Westheimer Road, Suite 750

Houston TX 77056-5643

Phone: 713-791-1414

E-mail: Steven.berkeley@va.gov

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award

Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Upon receipt and acceptance

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

Requests.

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

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

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

230.00 EA __________________ __________________

Connex Integrated Wall System

Wall Mounted Vital Signs Monitor with ophthalmoscope and otoscope with the ability to connect wirelessly to CPRS. Monitor shall have the ability to measure blood pressure, Temperature, pulse and SpO2.

Manufacturer: Welch Allyn

Model Number: 85NTVXC-B

(Brand name or Equal)

Contract Period: Base

POP Begin: TBD

POP End: TBD

134.00 EA __________________ __________________

Connex Spot Monitor

Portable Vital Signs Monitor with the ability to connect wirelessly with

CPRS. Monitor shall have the ability to measure blood pressure, temperature, pulse, and SpO2. TO BE WALL MOUNTED

Manufacturer: Welch Allyn

Model Number: 71WT-B

(Brand name or Equal)

Contract Period: Base

364.00 EA __________________ __________________

Brackets/Apparatus to mount to wall in exam room

“Brackets must be compatible with Line Item 0001 so that the equipment can be mounted on the wall”

Manufacturer: Welch Allyn

Model Number: N/A

(Brand name or Equal)

Contract Period: Base

364.00 EA __________________ __________________

Installation of 364 Vital Signs Monitors Mounted to the Wall in exam room.

Contract Period: Base

7.00 JB __________________ __________________

Clinical/Technical Training

Contract Period: Base

GRAND TOTAL __________________

*****Note to Contractor(s)******

This procurement is being processed on a Brand Name or Equal basis in accordance with

Federal Acquisition Regulation 11.104. Part numbers listed on Section B.2 that has been discontinued by the manufacturer, the Government is requesting offers to submit a quote with the manufacturer replacement item/part number that meets and/or exceed what is being requested on B.2 Price/Cost Schedule (Line items 0001 through 0003) .

B.3 DELIVERY SCHEDULE

60 Day (ARO)

B.4 STATEMENT OF WORK(SOW)

Vital Signs Monitors Southeast Louisiana Veterans Health Care System

New Orleans, LA

1. PURPOSE

1.1 The overall purpose is to provide and install portable and wall mounted Vital Signs

Monitors (install wall mounted) at Southeast Louisiana Veterans Health Care System (SLVHCS) New Orleans.

2. SCOPE

2.1 The Contractor shall provide, transport, install and test all listed equipment. All products must meet all salient characteristics defined in this section.

2.2 All equipment and installation must meet manufacturers and VA specifications.

2.3 The Contractor shall furnish all supplies, equipment, facilities, and services required for delivery and installation of the supplies and equipment.

2.4 The Contractor is responsible for any missing parts and components not included to carry out the installation.

2.5 SALIENT CHARACTERISTICS

2.5.1 Two hundred thirty (230) Wall Mounted Vital Signs Monitors with otoscope and ophthalmoscope.

Specifications/Salient Characteristics:

▪ Vital Signs Monitors shall have the ability to measure blood pressure (B/P), Temperature, Pulse, and SPO2.

▪ Wall mounted monitors shall have mounted ophthalmoscopes and otoscopes.

▪ Monitor shall have the ability to interface with the electronic health record (EHR), specifically CPRS/VISTA and transfer data to CPRS.

▪ Programmable visual and audible alarms for B/P, SpO2, temperature and pulse.

▪ Monitor shall weigh less than 10 pounds.

▪ Monitor shall be WiFi enabled.

▪ Monitor shall have a color LCD touchscreen at least 7in.

▪ Ability to mount on stand.

▪ Shall provide a carry handle for easy transport.

▪ Monitor shall come with barcode scanner.

▪ Monitor shall have a mounted holder for scanner.

▪ Mobile stand with basket shall be supplied.

▪ Stand should have a least three wheels.

▪ Wireless shall be at least 802.11g/N.

▪ Monitor shall have a network interface controller (NIC).

▪ NIC speed shall be a least 1GBPS.

▪ NIC chipset shall support 3eTI FIPS.

▪ Wireless shall be compliant with FIPS 140-2.

▪ Monitor shall have at least 2 USB ports.

▪ Single power cord for charging and should be no less than 3 feet.

▪ Battery charge time shall not exceed 2 hours.

▪ Monitor shall come with the ability to use universal connectors to allow for exchange of Blood Pressure cuffs.

▪ Monitor shall have the capability of manually capturing nurse assessments (pain, respiration, height/weight, O2 percentages, etc.) in addition to vital signs and send to CPRS.

▪ Data integration to CPRS shall be via a software application providing vitals data to CPRS in HL7 format, utilizing HL7 interfaces to the ADT system and using a VA approved interface to CPRS.

▪ NIBP Specifics:

• Blood pressure should be displayed in mmHg.

• Pressure range meets or exceeds IEC/ISO 80601-2-30 standards for cuff pressure range.

• Systolic Range 30 -260 mmHg.

• Diastolic Range 20 to 220 mmHg.

• Cuff Inflation Target 160 mmHg.

• Maximum Target Pressure 280 mmHg.

• Maximum B/P determination time 150 seconds.

• Meets or exceeds ANSI.AAMI SP10:2002 standards for noninvasive blood pressure accuracy (+_ mmHg mean error, 8mmHg standard deviation).

• Time for blood pressure determination should not exceed 15 seconds.

• Automatic program cycle mode, ranging from 1 to 120 minutes.

▪ Temperature specifications:

• SureTemp temperature range: 80 degrees F to 110 degrees F

• Shall have the ability to take oral and axillary temperature.

• The temperature shall use prove covers.

• Temperature shall be displayed in Celsius or Fahrenheit.

• Accuracy shall be +/- .1 degree C (+/- .2 degrees F)

• Readings shall display within 10 seconds and 20 seconds axillary

▪ Pulse

• Pulse measurement range 30-200

• Pulse accuracy shall be +/- 5 beats per minute

▪ SpO2

• SpO2 measurement range 50-99%

• The monitor shall accept all sensors from Masimo or Nellcor

• The monitor shall be capable of providing continuous SpO2 readings.

• The monitor shall display results within 10 seconds

• SpO2 accuracy shall be +/- 2 digits

2.5.2 One hundred thirty-four (134) Wall Mounted Vital Signs Monitors without otoscopes and ophthalmoscopes Note: this unit is the same configuration as the units in section 2.5.1; however, these will be wall mounted, not portable.

Specifications/Salient Characteristics:

▪ Vital Signs Monitors shall have the ability to measure blood pressure (B/P), Temperature, Pulse, and SPO2.

▪ Monitor shall have the ability to interface with the electronic health record (EHR), specifically CPRS/VISTA and transfer data to CPRS.

▪ Programmable visual and audible alarms for B/P, SpO2, temperature and pulse.

▪ Monitor shall weigh less than 10 pounds.

▪ Monitor shall be WiFi enabled.

▪ Monitor shall have a color LCD touchscreen at least 7in.

▪ Ability to mount on stand.

▪ Shall provide a carry handle for easy transport.

▪ Monitor shall come with barcode scanner.

▪ Monitor shall have a mounted holder for scanner.

▪ Mobile stand with basket shall be supplied.

▪ Stand should have a least three wheels.

▪ Wireless shall be at least 802.11g/N.

▪ Monitor shall have a network interface controller (NIC).

▪ NIC speed shall be a least 1GBPS.

▪ NIC chipset shall support 3eTI FIPS.

▪ Wireless shall be compliant with FIPS 140-2.

▪ Monitor shall have at least 2 USB ports.

▪ Single power cord for charging and should be no less than 3 feet.

▪ Battery charge time shall not exceed 2 hours.

▪ Monitor shall come with the ability to use universal connectors to allow for exchange of Blood Pressure cuffs.

▪ Monitor shall have the capability of manually capturing nurse assessments (pain, respiration, height/weight, O2 percentages, etc.) in addition to vital signs and send to CPRS.

▪ Data integration to CPRS shall be via a software application providing vitals data to CPRS in HL7 format, utilizing HL7 interfaces to the ADT system and using a VA approved interface to CPRS.

▪ NIBP Specifics:

• Blood pressure should be displayed in mmHg.

• Pressure range meets or exceeds IEC/ISO 80601-2-30 standards for cuff pressure range.

• Systolic Range 30 -260 mmHg.

• Diastolic Range 20 to 220 mmHg.

• Cuff Inflation Target 160 mmHg.

• Maximum Target Pressure 280 mmHg.

• Maximum B/P determination time 150 seconds.

• Meets or exceeds ANSI.AAMI SP10:2002 standards for noninvasive blood pressure accuracy (+_ mmHg mean error, 8mmHg standard deviation).

• Time for blood pressure determination should not exceed 15 seconds.

• Automatic program cycle mode, ranging from 1 to 120 minutes.

▪ Temperature specifications:

• SureTemp temperature range: 80 degrees F to 110 degrees F

• Shall have the ability to take oral and axillary temperature.

• The temperature shall use prove covers.

• Temperature shall be displayed in Celsius or Fahrenheit.

• Accuracy shall be +/- .1 degree C (+/- .2 degrees F)

• Readings shall display within 10 seconds and 20 seconds axillary

▪ Pulse

• Pulse measurement range 30-200

• Pulse accuracy shall be +/- 5 beats per minute

▪ SpO2

• SpO2 measurement range 50-99%

• The monitor shall accept all sensors from Masimo or Nellcor

• The monitor shall be capable of providing continuous SpO2 readings.

• The monitor shall display results within 10 seconds

• SpO2 accuracy shall be +/- 2 digits

2.5.3 Three hundred sixty-four (364) Wall mounts

• Wall mount shall be compatible with the 230 vital signs monitors purchased in

2.5.3 and the 134 vital signs monitors purchased in 2.5.4

• Contractor shall mount 364 vital sign machines on wall.

• Contractor shall provide wall brackets to mount vital signs monitors to wall.

2.5.4 Wireless Communication and data integration to CPRS

• The system must be capable of supporting an 802.11(a/b/g)) CISCO 7.0 wireless environment

• The wireless solution functionality proposed must be and integrated wireless radio (802.11a/b/g) that is FIPS – 140‐2 compliant.

2.5.4.1 Data Management

• The vital signs monitor shall have an interface with CPRS and any spot or intermittent information gathered on the monitors shall be transferred to

CPRS.

• The vital signs monitor shall have bi-directional communication providing confirmation of data sent to CPRS on the monitor (confirmation of data sent to CPRS may be accomplished via the vital signs monitor at the bedside).

• The vital signs monitor shall have the capability of manually capturing nurse assessments (pain index, respiration, height/weight, O2 percentages, etc.) in addition to vitals, and send to CPRS.

• Data integration to CPRS shall be via a software application providing vitals data to CPRS in HL7 format, utilizing HL7 interfaces to the ADT system, and using a VA-approved interface to CPRS.

• Contractor shall describe in detail the interface and data management that will be used from the vital sign monitor to the Computerized Patient Record System (CPRS) and list all hardware, software and interfaces needed.

• The vital signs monitor interface shall support the use of an Active Directory list to authenticate users located within their IT system.

• The monitor shall be capable of sending standard-based results using HL7 messages conformant with IHE Patient Care Devices (PCD) technical framework

• Software used for data integration shall provide the ability to use custom OBX-3-1 codes using LOINC encoding.

• The monitor shall be capable of transferring data through Ethernet connection RJ45 or CAT 5E or higher.

• The monitor shall be capable, directly or through its server, to synchronize its date/time with the VA Network Time Server and supply a synchronized and qualified time stamp for observation date/time.

2.6 DELIVERY AND INSTALLATION

2.6.1 Contractor shall deliver all equipment to the Southeast Louisiana Veterans

Health Care System (SLVHCS) New Orleans, LA. 2400 Canal St. New Orleans, LA 70119

2.6.1.1 Delivery/Installation shall be completed 60 days after award.

2.6.1.2 All work shall be completed between 8:00 a.m. and 4:30 p.m. Monday –

Friday. All federal holidays, excluded. Federal holidays are available at the Federal Holiday OPM Site.

2.6.2 In addition to standard installation services, the Contractor shall provide the following during and after installation:

2.6.2.1 The Contractor shall provide professional project management services to organize the trade‐in, training, installation, and go‐live activities at each facility coordinated through the Contracting Officers Representative (COR).

2.6.2.2 The Contractor shall provide an installation schedule that details each step in the installation process.

2.6.2.3 The Contractor shall be responsible for testing the system at each facility to ensure that the system is functioning as defined by the SOW.

2.6.2.4 Three hundred sixty-four (364) vital signs machines shall be wall mounted by contractor upon delivery.

2.6.2.5 The Contractor shall be responsible for managing all waste created by the product installation, including clean‐up and disposal.

2.6.2.6 The contractor shall coordinate all deliveries, staging areas, installations, and parking arrangements with the COR.

2.7 SITE CONDITIONS

2.7.1 There shall be no smoking, eating, or drinking inside the hospital at any time.

3. INSPECTION AND ACCEPTANCE:

3.1 The Contractor shall conduct a joint inspection with the COR upon delivery of equipment.

3.2 Contractor shall provide dates of completion of punch list items and replacement parts and/or short ship items from the manufacturer(s).

3.3 The COR shall ensure all work is completed satisfactorily prior to acceptance. Disputes shall be resolved by the Contracting Officer.

4. DELIVERY/STORAGE REQUIREMENTS

4.1 Deliver materials to job in manufacturer's original sealed containers with brand name marked thereon.

4.2 Package to prevent damage or deterioration during shipment, handling, storage and installation. Maintain protective covering in place and in good repair until removal is necessary.

4.3 Deliver specified items only when the site is ready for installation work to proceed.

4.4 Store products in dry condition inside enclosed facilities.

4.6 Any government requested delayed delivery up to 90 days after initial award delivery date, shall be at no additional cost to the Government.

4.7 A pre-delivery meeting will be conducted after award to discuss delivery date(s), verification of delivery, and installation dates.

4.8 Delivery and Installation will be coordinated through the COR.

5. DELIVERABLES

5.1 Operation and Maintenance Manuals

5.1.1 Binders - Quantity two (2) each for items 3.1 - 3.17

5.1.2 Digital Copies- Quantity one (1) each for items 3.1 – 3.17

5.2 Deliver compilation of all manufacturers recommended maintenance schedule and operation materials packaged in binder(s) to the COR upon completion of installation.

http://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/federal-holidays/%23url=2015

6. OPERATOR TRAINING:

6.1 Clinical Training

6.1.1 The contractor shall be responsible for training all clinical users on their application and use.

6.1.2 The contractor shall provide hands on staff education by a clinical educational professional to all clinical users once all machines are delivered and installed.

Validation of training shall be validated by return demonstration.

6.1.3 Education shall include:

• Operations and set-up

• User Maintenance

• Safety

• User Troubleshooting

• Negotiating and understanding machine profiles to better serve the patient and staff.

6.2 Technical Training

6.2.1 The contractor shall provide onsite training to biomed staff to include:

• Operations and set-up

• User maintenance

• Safety

• Calibration and repairs

7. PROTECTION OF PROPERTY

7.1 Contractor shall protect all items from damage. The Contractor shall take precaution against damage to the building(s), grounds and furnishings. The Contractor shall repair or replace any items related to building(s) or grounds damaged accidentally or on purpose due to actions by the Contractor.

7.2 The Contractor shall perform an inspection of the building(s) and grounds with the COR prior to commencing work. To ensure that the Contractor shall be able to repair or replace any items, components, building(s) or grounds damaged due to negligence and/or actions taken by the Contractor. The source of all repairs beyond simple surface cleaning is the facility construction contractor (or appropriate subcontractor), so that building warranty is maintained. Concurrence from the VA Facilities Management POC and COR is required before the Contractor may perform any significant repair work. In all cases, repairs shall utilize materials of the same quality, size, texture, grade, and color to match adjacent existing work.

7.3 The Contractor shall be responsible for security of the areas in which the work is being performed prior to completion.

7.4 Contractor shall provide floor protection while working in all VA facilities. All material handling equipment shall have rubber wheels.

8. SECURITY REQUIREMENTS

8.1 N/A

9. WARRANTY

9.1 The contractor shall provide a one-year manufacturer’s warranty on all parts and labor.

9.2 The warranty shall include all travel and shipping costs associated with any warranty repair.

(End of Statement of Work)

SECTION C - CONTRACT CLAUSES

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

COMMERCIAL SERVICES (NOV 2021)

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

Government must exercise its post-acceptance rights—

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

and

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims

Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the

Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

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

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the

Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the

Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

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

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

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

(i) Payment.—

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt

Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-

5(b) for the appropriate EFT clause.

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

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

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

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

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

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

(D) Contractor point of contact.

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

Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the

Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the

Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The

Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the

Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain

Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and

41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with

Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service

(TOS), or similar legal instrument or agreement, that includes any clause requiring the

Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

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

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

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

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

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

(End of Clause)

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

FAR

Number

Title Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

JUN 2020

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON

POSTCONSUMER FIBER CONTENT PAPER

MAY 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

NOV 2021

852.242-71 ADMINISTRATIVE CONTRACTING OFFICER OCT 2020

C.3 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF

COMMERCIAL ITEMS (APR 2020)

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

Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

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

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

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

[] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

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

Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

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

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

Index.

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

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

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

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

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

Aside.

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

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

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small

Businesses in Obtaining Bonds.

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

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

[X] 852.233–71, Alternate Protest Procedure.

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

[X] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[X] 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.

C.4 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

(a) This solicitation includes.

(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.5 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)

C.6 VAAR 852.219-78 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (SEP 2021)

(DEVIATION)

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

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

[Offeror check the appropriate box]

(i) [ ] In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in

852.219-11. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(ii) [ ] In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13

CFR 121.406(b)(5) is granted. The offeror understands that, as provided in 13 CFR

121.406(b)(7), such a waiver has no effect on requirements external to the Small Business Act, such as the Buy American Act or the Trade Agreements Act.

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

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

States, in accordance with paragraph (a)(1)(i).

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

[Offeror fill-in—check each box below.]

[ ] The offeror certifies that it does not exceed 500 employees (or 150 employees for the

Information Technology Value Added Reseller exception to NAICS code 541519, which is found at 13 CFR 121.201, footnote 18).

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

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

(iii) [ ] The offeror certifies that it will supply the end item of a small business manufacturer, processor, or producer made in the United States, unless a waiver as provided in 13 CFR

121.406(b)(5) has been issued by SBA.

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

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

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

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

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

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract or to determine whether the offeror qualifies as a manufacturer or nonmanufacturer in compliance with the limitations on subcontracting requirement. Contracting

Officer may, at their discretion, require the Contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the Contracting Officer.

Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

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

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

Certification:

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

Printed Name of Signee:________________________________________

Printed Title of Signee:_________________________________________

Signature:___________________________________________________

Date:_____________________

Company Name and Address: ________________________________________

(End of Addendum to FAR 52.212-4 Contract Terms and Condition – Commercial items)

C.7 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…