S02. RFQ.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

590-23-2-985-0178

36C24623Q0540 03-06-2023

Aleshia Hines-Best 919-354-9309 05-15-2023

12:00PM EDT

36C246 Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Dr.

Hampton VA 23667

X 100

X

339112

1000 Employees

N/A

X

36C590

See Delivery Address

36C246

Department of Veterans Affairs Network Contracting Office 6

Financial Services Center P.O. Box 149971 Austin TX 78714-9971

512-460-5049 512-460-5221

See CONTINUATION Page

Draeger Anesthesia Scheduling Equipment for Hampton VAMC

See Schedule

This RFQ has a Small Business Set-Aside

Please send quotes to Aleshia Hines-Best Aleshia.Hines-Best@va.gov

See CONTINUATION Page

X X

John Harmsen Contracting Officer

36C24623Q0540

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

PRICE/COST SCHEDULE

ITEM INFORMATION

DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (DEC 2022)

C.2 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

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

C.4 VAAR 852.247-72 MARKING DELIVERABLES (OCT 2018)

C.5 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

C.6 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAR 2023)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (MAR 2023)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.216-1 TYPE OF CONTRACT (APR 1984)

E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.5 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.7 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT:

Contracting Officer – John Harmsen John.Harmsen@va.gov Department of Veterans Affairs Network Contracting Office 6

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

[X] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other []

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

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

AMENDMENT NO DATE

mailto:John.Harmsen@va.gov

SOW

VAMC Hampton (VISN 6), is requesting an Anesthesia Record Keeping (ARK) solution. This solution will enhance the rapid and legible gathering of a highly detailed, accurate data record during anesthesia at the VA Hampton. Currently VAMC Hampton is using a combination of traditional paper charting and VistA to manage patients requiring anesthetic treatments.

All VA Hospitals extensively and predominantly utilize the VA Computerized Patient Record System (CPRS) and VHA Barcode Medication Administration System (BCMA) for all health care documentation. ARK systems have been used for many years with great success. VA application of this technology, however, requires performance parameters that are unlike commercial applications. These parameters include a selective real-time bi-directional interface with the Veterans Health Information Systems and Technology Architecture (VistA), the creation and storage of a completed Portable Document Format (PDF) file that is accessible via CPRS, and compliance with VA billing and security policies. The new ARK will replace paper anesthesia records/flowsheets used in the operating rooms (ORs) and other anesthetizing or moderate sedation locales. Anesthesia, Nursing, and other authorized staff will use this system to manage the patient information in the OR, pre- and postprocedural, etc., as CPRS has not been optimized for these patients. The monitored vital sign and other electronic monitored information will be transferred automatically to the ARK flowsheet and displayed on a timeline correlated with all provided therapies.

Contractor shall be responsible to provide all services associated with the furnishing and installation of this system. Contractor shall provide the most efficient means of optimizing training, system maintenance, and data exchange in VA Hampton. By responding to this RFP, the Contractor acknowledges that he/she understands that VA Hampton has substantial interface requirements between the ARK system and VistA as well as interface requirements between the ARK system and the currently installed DSS PeriOp system. This is a critical component of this project. Offerors must be certified by DSS as to this capability.

The Contractor shall provide all labor, materials, tools and equipment, on-site training, technical support, project management and supervision required to perform the work as further defined in the SOW/Specifications. Contractor shall include all travel and expenses, and software licenses and associated hardware components required for the installation of an ARK System. The contract price shall include unlimited, perpetual, system software and system interface licenses for the ARK, clinical workstations for the operating rooms, device interface licenses, device interface cables, implementation services and ARK maintenance and support. It will also include consultative services for the VA Hampton owned virtual servers, which VA Hampton will supply for the ARK system implementation.

REQUIREMENTS

Anesthesia Record Keeping (ARK) application requirements:

• System must be FDA Approved

• System must be ERA certified

• System must meet the requirements of the VA National ARK specifications.

• System must incorporate the VA Standard Terminology for ARK.

• The ARK terminology database must be standardized for both intra and inter VISN requirements for consistency in reporting at local and national levels.

• Must be capable of interfacing to OR devices like anesthesia machines, anesthesia monitors and other third-party devices for automatic collection of vital signs. ARK system architecture must include a direct connect so if Network services go down, the ARK can continue to collect vital signs and the clinician can continue to chart.

• ARK must have met the requirements of DSS for interfacing with VistA, including all standard interfaces such as ADT, Labs, VistA Imaging, Text Imaging Utilities, etc.

• ARK must also be capable of sending data to both the VA’s VistA Surgery package and DSS Periop package.

• ARK must be capable of scanning waveforms, images and other documentation to include in the ARK EHR.

• ARK must be capable of providing analytic reports and discrete data for both local and national use.

• ARK must comply with DSS requirements for integration with VistA and must be certified by DSS.

• ARK software and hardware must be warrantied for at least one year. Additional years of ARK support must be contractually available.

• Post Go Live support of the ARK must be provided on a 24 by 7 basis, 365 days a year via remote services.

• Proactive support must be a component of the ARK maintenance and support contract.

• ARK software must have been developed in conjunction with the VA Build group and in conjunction with the VA User Group.

PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT

1.00 EA

** Software License ** Clin Innovian Base Pkg 6 ORs Innovian Anesthesia Base Package Includes: - 1 Innovian Database - 1 List Manager - 1 Environment Manager - 1 Case Manager - 6 OR-Anesthesia Modules - 6 Integrated Browsers - 6 Admission Modules - 6 Pre-OP Modules - 6 Holding Modules PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies UNSPSC: 43232108 - Calendar and scheduling software

SIC CODE: 5045 - COMPUTERS, PERIPHERALS AND SOFTWARE

MANUFACTURER PART NUMBER (MPN): MS16609

NATIONAL STOCK NUMBER: NONE

LOCAL STOCK NUMBER: NONE

Innovian OR-Anesthesia license OR-Anesthesia license - for use in ORs Includes: - 1 Integrated Browser - 1 Admission Module - 1 Pre-OP Module - 1 Holding Module PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies UNSPSC: 43232108 - Calendar and scheduling software

SIC CODE: 5045 - COMPUTERS, PERIPHERALS AND SOFTWARE

MANUFACTURER PART NUMBER (MPN): MS16608

6.00 EA

Innovian PACU license PACU license PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies UNSPSC: 43232108 - Calendar and scheduling software

SIC CODE: 5045 - COMPUTERS, PERIPHERALS AND SOFTWARE

MANUFACTURER PART NUMBER (MPN): MS16611

Innovian Office license Office license - for use outside of ORs Includes: - 1 Integrated Browser - 1 Admission Module - 1 Pre-OP Module - 1 Holding Module PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies UNSPSC: 43232108 - Calendar and scheduling software

SIC CODE: 5045 - COMPUTERS, PERIPHERALS AND SOFTWARE

MANUFACTURER PART NUMBER (MPN): MS16610

7.00 EA

** Mobile Report Viewer ** Mobile Report Viewers

Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies UNSPSC: 43232108 - Calendar and scheduling software

SIC CODE: 5045 - COMPUTERS, PERIPHERALS AND SOFTWARE

MANUFACTURER PART NUMBER (MPN): OP90386

** System Interface Options ** HL7 Base System HL7 Base Package interface PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies UNSPSC: 43232108 - Calendar and scheduling software

SIC CODE: 5045 - COMPUTERS, PERIPHERALS AND SOFTWARE

MANUFACTURER PART NUMBER (MPN): MS16623

SW OptionInnovian Outbound HL7 Outbound Interface Option

Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies UNSPSC: 43232108 - Calendar and scheduling software

SIC CODE: 5045 - COMPUTERS, PERIPHERALS AND SOFTWARE

MANUFACTURER PART NUMBER (MPN): MS22317

HL7 ADT Inbound I/F HL7 interface for ADT data (inbound) - for ADT data transfer into the Innovian Critical Care system and the Innovian Perioperative Care system PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies UNSPSC: 43232108 - Calendar and scheduling software

SIC CODE: 5045 - COMPUTERS, PERIPHERALS AND SOFTWARE

MANUFACTURER PART NUMBER (MPN): MS16624

HL7 Surgery Scheduling I/F HL7 interface for scheduling data (inbound) - for scheduling data transfer into the Innovian Critical Care system and the Innovian Perioperative Care system PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies UNSPSC: 43232108 - Calendar and scheduling software

SIC CODE: 5045 - COMPUTERS, PERIPHERALS AND SOFTWARE

MANUFACTURER PART NUMBER (MPN): MS16622

HL7 Lab Inbound I/F HL7 interface for laboratory data (inbound) - for laboratory data transfer into the Innovian Critical Care system and the Innovian Perioperative Care system PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies UNSPSC: 43232108 - Calendar and scheduling software

SIC CODE: 5045 - COMPUTERS, PERIPHERALS AND SOFTWARE

MANUFACTURER PART NUMBER (MPN): MS16621

Innovian Web API WEB API Application programmable interface

Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies UNSPSC: 43232108 - Calendar and scheduling software

SIC CODE: 5045 - COMPUTERS, PERIPHERALS AND SOFTWARE

MANUFACTURER PART NUMBER (MPN): MS16625

13.00 EA

** Device Interface Options ** Philips Data Export Device I/F Phillips IntelliVue device interface PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies UNSPSC: 43232108 - Calendar and scheduling software

SIC CODE: 5045 - COMPUTERS, PERIPHERALS AND SOFTWARE

MANUFACTURER PART NUMBER (MPN): MS17043

Clin Datex Ohmeda Avance2I/F Datex Ohmeda Avance2 Device Interface Option PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies UNSPSC: 43232108 - Calendar and scheduling software

SIC CODE: 5045 - COMPUTERS, PERIPHERALS AND SOFTWARE

MANUFACTURER PART NUMBER (MPN): OP90367

SHP ACC CBL OHMEDA ASTEVIA 5

Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies UNSPSC: 43232108 - Calendar and scheduling software

SIC CODE: 5045 - COMPUTERS, PERIPHERALS AND SOFTWARE

MANUFACTURER PART NUMBER (MPN): MS16891

SHP ACC CBL INTELIVUE

Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies UNSPSC: 43232108 - Calendar and scheduling software

SIC CODE: 5045 - COMPUTERS, PERIPHERALS AND SOFTWARE

MANUFACTURER PART NUMBER (MPN): MS16894

IA WKST MDS193,VENUS 19",WIN10 Innovian Anesthesia Workstation MDS 123, VENUS 19", Windows 10 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies UNSPSC: 43232108 - Calendar and scheduling software

SIC CODE: 5045 - COMPUTERS, PERIPHERALS AND SOFTWARE

MANUFACTURER PART NUMBER (MPN): MS34538

KEYBRD SPILLPROOF EN KEYBRD INFINITY SPILLPROOF EN

Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies UNSPSC: 43232108 - Calendar and scheduling software

SIC CODE: 5045 - COMPUTERS, PERIPHERALS AND SOFTWARE

MANUFACTURER PART NUMBER (MPN): MS22288

CMPACC SEALSHIELD MOUSE

Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies UNSPSC: 43232108 - Calendar and scheduling software

SIC CODE: 5045 - COMPUTERS, PERIPHERALS AND SOFTWARE

MANUFACTURER PART NUMBER (MPN): MS27252

Wired Bar code Scanner: RMS PN DS8108

Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies UNSPSC: 43232108 - Calendar and scheduling software

SIC CODE: 5045 - COMPUTERS, PERIPHERALS AND SOFTWARE

MANUFACTURER PART NUMBER (MPN): 1965320

Wireless Scanner Holder: VM PN VMSHW-AP

Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies UNSPSC: 43232108 - Calendar and scheduling software

SIC CODE: 5045 - COMPUTERS, PERIPHERALS AND SOFTWARE

MANUFACTURER PART NUMBER (MPN): 1965320

GE AisysCS2/AvanceCS2/B620/B650 RT/LT consists of:Variable Height Arm with 8" EXT New L BKT w/ fold-up keyboard tray mount Keyboard tray with slide out mouse tray POWER_SUPPLY_MOUNT_GCX 7" Channel for GE Carestation 620 /#650 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies UNSPSC: 43232108 - Calendar and scheduling software

SIC CODE: 5045 - COMPUTERS, PERIPHERALS AND SOFTWARE

MANUFACTURER PART NUMBER (MPN): NA10945

Bundle:Wall mount w/ 8 inch extension consists of: Variable Height Arm with 8" EXT New L BKT w/ fold-up keyboard tray mount Keyboard tray with slide out mouse tray POWER_SUPPLY_MOUNT_GCX Seismic PolyMount 19"/48.3cm Channel PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies UNSPSC: 43232108 - Calendar and scheduling software

SIC CODE: 5045 - COMPUTERS, PERIPHERALS AND SOFTWARE

MANUFACTURER PART NUMBER (MPN): NA10949

Report Engine-Innovian Analytics

Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies UNSPSC: 43232108 - Calendar and scheduling software

SIC CODE: 5045 - COMPUTERS, PERIPHERALS AND SOFTWARE

MANUFACTURER PART NUMBER (MPN): MQ00198

DataBridge Interface License

Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies UNSPSC: 43232108 - Calendar and scheduling software

SIC CODE: 5045 - COMPUTERS, PERIPHERALS AND SOFTWARE

MANUFACTURER PART NUMBER (MPN): 1965321

Rhapsody Connection (First two) ORDER INITIATED BY PM VIA SP

Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies UNSPSC: 43232108 - Calendar and scheduling software

SIC CODE: 5045 - COMPUTERS, PERIPHERALS AND SOFTWARE

MANUFACTURER PART NUMBER (MPN): NA10813

Rhapsody Connection, Extra Connection ORDER INITIATED BY PM VIA SP

Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies UNSPSC: 43232108 - Calendar and scheduling software

SIC CODE: 5045 - COMPUTERS, PERIPHERALS AND SOFTWARE

MANUFACTURER PART NUMBER (MPN): NA10814

Rhapsody License Support x5 years ORDER INITIATED BY PM VIA SP

Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies UNSPSC: 43232108 - Calendar and scheduling software

SIC CODE: 5045 - COMPUTERS, PERIPHERALS AND SOFTWARE

MANUFACTURER PART NUMBER (MPN): NA10815

Test System Innovian Anesthesia **Specif.national properties** Target country USA ** System ** Test/Training System ** Upgrade ** Test 3 ORs PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies UNSPSC: 43232108 - Calendar and scheduling software

SIC CODE: 5045 - COMPUTERS, PERIPHERALS AND SOFTWARE

MANUFACTURER PART NUMBER (MPN): MS16724

** Software License ** Test Innovian Base Pkg 3 ORs Innovian Anesthesia Base Package Includes: - 1 Innovian Database - 1 List Manager - 1 Environment Manager - 1 Case Manager - 3 OR-Anesthesia Modules - 3 Integrated Browsers - 3 Admission Modules - 3 Pre-OP Modules - 3 Holding Modules PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies UNSPSC: 43232108 - Calendar and scheduling software

SIC CODE: 5045 - COMPUTERS, PERIPHERALS AND SOFTWARE

MANUFACTURER PART NUMBER (MPN): OP90372

** System Interface Options ** HL7 Base System HL7 Base Package Interface Option PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies UNSPSC: 43232108 - Calendar and scheduling software

SIC CODE: 5045 - COMPUTERS, PERIPHERALS AND SOFTWARE

MANUFACTURER PART NUMBER (MPN): OP90218

SW Option Innovian Outbound HL7 Outbound Interface Option

Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies UNSPSC: 43232108 - Calendar and scheduling software

SIC CODE: 5045 - COMPUTERS, PERIPHERALS AND SOFTWARE

MANUFACTURER PART NUMBER (MPN): OP90219

HL7 ADT Inbound I/F

Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies UNSPSC: 43232108 - Calendar and scheduling software

SIC CODE: 5045 - COMPUTERS, PERIPHERALS AND SOFTWARE

MANUFACTURER PART NUMBER (MPN): OP90220

HL7 Surgery Scheduling I/F HL7 Scheduling Inbound Interface Option

Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies UNSPSC: 43232108 - Calendar and scheduling software

SIC CODE: 5045 - COMPUTERS, PERIPHERALS AND SOFTWARE

MANUFACTURER PART NUMBER (MPN): OP90221

HL7 Lab Inbound I/F HL7 Lab Inbound Interface Option

Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies UNSPSC: 43232108 - Calendar and scheduling software

SIC CODE: 5045 - COMPUTERS, PERIPHERALS AND SOFTWARE

MANUFACTURER PART NUMBER (MPN): OP90222

81.00 EA

Professional Services Implementation Services-System Interface System Interfaces-Professional Services Charges: 10 Hours - Innovian PDF outbound - implementation Prof. Services 56 Hours - DataBridge Configuration and Tests 15 Hours - DataBridge LiveData Configuration PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies UNSPSC: 43232108 - Calendar and scheduling software

SIC CODE: 5045 - COMPUTERS, PERIPHERALS AND SOFTWARE

MANUFACTURER PART NUMBER (MPN): MQ00134

174.00 EA

Implementation Services-Technical (TC) Innovian Professional Services- Technical (TC) Includes: 18 Hours - Charter/Walkthrough 24 Hours - Server Build 8 Hours - Training Room Setup 16 Hours - Acceptance Testing 1 16 Hours - Testing Review 1 16 Hours - Acceptance Testing 2 16 Hours - Testing Review 2 24 Hours - Dual Charting, WS checkout and GL prep 36 Hours - Go Live PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies UNSPSC: 43232108 - Calendar and scheduling software

SIC CODE: 5045 - COMPUTERS, PERIPHERALS AND SOFTWARE

MANUFACTURER PART NUMBER (MPN): MQ00134

39.00 EA

Clinical Applicat.Support-Clinical (CIS) Innovian Professional Services- Clinical/Training (CIS) Includes (312 hours @ $310.00 per hour): 24 Hours - Charter/Walkthrough 8 Hours - Training Room Setup 32 Hours - ADW 1 32 Hours - ADW 2 32 Hours - ADW 3 24 Hours - Acceptance Testing 1 16 Hours - Testing Review 1 24 Hours - Acceptance Testing 2 16 Hours - Testing Review 2 24 Hours - End User Education up to 48 end users 24 Hours - Dual Charting, WS checkout and GL Prep 40 Hours - Go Live 16 Hours - Post GL Follow Up PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

UNSPSC: 43232108 - Calendar and scheduling software

SIC CODE: 5045 - COMPUTERS, PERIPHERALS AND SOFTWARE

MANUFACTURER PART NUMBER (MPN): 1979572

49.00 EA

Implementation Services-WS Build (TC) Innovian Professional Services- Techical Workstation Build Includes: 20 Hours - Image Creation 26 Hours - Image Deployment & Config - Clinical Workstations 3 Hours - Image Deployment & Config - Non Clinical Workstations PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies UNSPSC: 43232108 - Calendar and scheduling software

SIC CODE: 5045 - COMPUTERS, PERIPHERALS AND SOFTWARE

MANUFACTURER PART NUMBER (MPN): MQ00134

100.00 EA

Implementation Services-Project Mgmt Implementation Services-Project Management 100 HOURS @ $310.00 PER HOUR PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies UNSPSC: 43232108 - Calendar and scheduling software

SIC CODE: 5045 - COMPUTERS, PERIPHERALS AND SOFTWARE

MANUFACTURER PART NUMBER (MPN): MQ00134

DELIVERY SCHEDULE

ITEM NUMBER

DELIVERY

DATE

0001 SHIP TO: Hampton VA Medical Center 100 Emancipation Dr.

Hampton, VA 23667 United States

30 DAYS ARO

MARK

FOR:

Patrick Bichara

(757) 722-9961 Ext 6124 Patrick.Bichara@va.gov

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

(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. 4701 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

(End of Clause)

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

PRODUCTS AND COMMERCIAL SERVICES

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

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

C.2 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.3 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT

2020) The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract.

Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of Clause)

C.4 VAAR 852.247-72 MARKING DELIVERABLES (OCT 2018)

(a) The contract number shall be placed on or adjacent to all exterior mailing or shipping labels of deliverable items called for by the contract.

(b) Mark deliverables, except reports, for:

(End of Clause)

C.5 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

Material shall be packed for shipment in such a manner that will insure acceptance by common carriers and safe delivery at destination. Containers and closures shall comply with regulations of carriers as applicable to the mode of transportation.

(End of Clause)

C.6 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/

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

852.203-70 COMMERCIAL ADVERTISING MAY 2018

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

OWNED SMALL BUSINESS EVALUATION FACTORS

OCT 2019

852.215-71 EVALUATION FACTOR COMMITMENTS OCT 2019

852.246-71 REJECTED GOODS OCT 2018

(End of Addendum to 52.212-4)

C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (MAR 2023)

(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 products and commercial services:

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

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L.

115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

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

(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

[X] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C.

3509).

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

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

[] (5) [Reserved]

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

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

[X] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

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

[] (10) [Reserved]

[] (11) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

[] (12)…