S02 RFQ 36C24524Q0693.docx

36C24524Q0693

RFQ 36C24524Q0693

This is a 100% Small Business set-aside.

NAICS: 339112

This is a BRAND NAME only requirement for IntelliVue Patient Monitor MX750 & Associated Equipment as described in the Price/Cost Schedule below.

All proposals must be submitted by Friday, July 19, 2024 no later than 1PM EST to Phillip.Duba@va.gov.

FAR 52.225-2 must be completed to include all the CLINs, or your proposal will be determined to be nonresponsive.

The proposal will be evaluated as follows:

Technical – BRAND NAME only as described.

Technical - Authorized Distributor Memo Delivery Schedule Price

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

07-11-2024 Phillip G Duba 304-263-0811 X7610 07-19-2024

1:00PM

EDT

Department of Veterans Affairs

VAMC (613)

VISN 5 Contract Satellite Office 510 Butler Avenue, Building 306A Martinsburg WV 25405

X

339112 1000 Employees

N/A

Department of Veterans Affairs Beckley VA Medical Center (517)

200 Veterans Ave.

Beckley WV 25801

Department of Veterans Affairs

VAMC (613)

VISN 5 Contract Satellite Office 510 Butler Avenue, Building 306A Martinsburg WV 25405

PAYMENT WILL BE MADE BY

FSC e-Invoice Payment Invoice must be submitted electronically http://www.fsc.va.gov/einvoice.asp http://www.fsc.va.gov/einvoice.asp

See CONTINUATION Page This solicitation is for Philips Patient Monitor MX750 & Associated Equipment as described in the Price/Cost Schedule on pages 9-18.

This is a BRAND NAME ONLY requirement.

This is a 100% small business set-aside.

FAR 52.225-2 must be completely filled out to include all line items, or your proposals will be determined to be nonresponsive.

All proposals are due by 1:00PM EST on Friday, July 19, 2024 to Phillip.Duba@va.gov.

See CONTINUATION Page

Phillip G Duba Contracting Officer

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

TBD

b. GOVERNMENT:

Contracting Officer 36C245 Phillip G Duba Department of Veterans Affairs

VAMC (613)

VISN 5 Contract Satellite Office 510 Butler Avenue, Building 306A Martinsburg WV 25405

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

3. INVOICES: Invoices shall be submitted in arrears:

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

Invoice must be submitted electronically http://www.fsc.va.gov/einvoice.asp

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

B.2 STATEMENT OF WORK

A. GENERAL:

Scope of Services:

The purpose of this requirement is to procure replacement patient monitors for the anesthesia carts at the Beckley VA Medical Center. The monitors shall include the necessary modules, cables, and accessories needed to attach to the carts. The procurement shall include any planning/project management, installation, travel, parts, materials, labor for the patient monitors.

Location: Beckley VA Medical Center, 200 Veterans Ave, Beckley, WV 25801-6444 Performance Period: Delivery is required by September 20, 2024 with installation complete by October 4, 2024.

B. WORK HOURS:

a. Hours of Operation: Normal business hours are Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding holidays. Should the Contractor require work afterhours, the Contractor shall arrange in advance with the Contracting Officer’s Representative (COR).

b. Delivery Hours: The Warehouse is open to receive deliveries Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding holidays.

c. National Holidays: The holidays observed by the Federal Government are: New Year’s Day, Martin Luther King Day, President’s Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, and Christmas Day and any other day specifically declared by the President of the United States to be a national holiday. Contractor may work on holidays with prior communication and coordination.

C. SPECIFICATIONS:

a. Technical Requirements

i. The procurement is for a quantity of six (6) MX750 Philips patient monitors

ii. The following items with associated quantities are required:

iii. The requirement shall include the clinical configurations required to complete the full implementation of all six monitors and associated setups.

iv. The requirement shall include project management for the planning and implementation.

v. The requirement shall include the labor needed to put together the accessories, mount the monitors, cable the monitors, connect everything, and configure the monitors.

vi. The patient monitors shall all have the RS232 with MIB connection to connect to the Draeger Innovian Anesthesia Record Keeper.

vii. The patient monitors shall be Philips brand in order to be compatible with the rest of Beckley’s patient monitors and stocked supplies.

viii. Contractor shall provide two copies of the operating and service manuals.

b. Delivery Requirements

i. Delivery is required by September 20, 2024. Exception can be made to this as long as installation can be completed by the required date.

ii. Installation is required by October 4, 2024.

iii. Large deliveries are to be coordinated in advance with the COR to ensure necessary planning takes place.

iv. Contractor is to provide the COR with shipment tracking information.

c. Installation Requirements

i. Full installation of the system shall be included as a part of this contract, to include all cabling.

ii. All parts, materials, tools, labor, and travel to complete the installation shall be included as a part of this contract.

iii. Contractor is required to complete all configuration for the system to be usable.

iv. Contractor shall provide validation that the system is fully functional upon completion of the installation/implementation.

v. Patient Health Information

1. The Contractor shall safeguard patient health information.

2. The Contractor shall report to the Biomedical Engineering Department any issues with disclosed or unsecure patient health information.

d. De-Installation Requirements

i. De-installation of the existing GE CareScape system is required.

ii. Trade-in should be included for the GE CareScape monitors.

iii. Contractor is required for removal and disposal of existing system.

iv. Contractor shall not remove any hard-drives or storage systems containing sensitive or patient health information.

e. Training Requirements

i. Contract shall include training for the end-users in the operation of the system.

1. Training shall be on the function and use of the device.

2. Training shall be on-site for one day.

f. Contractor Requirements

i. All Contractor personnel performing installation services of the equipment shall have factory training and experience in the implementation of the equipment.

ii. Contractor shall provide copies of training certificates for the Contractor personnel performing work on-site upon the request of the Government.

g. Warranty Information

i. The equipment shall have a warranty of 1 year from the full installation/acceptance of the equipment.

ii. Warranty support shall include repair of the system

iii. Warranty support shall include all parts, materials, labor, and travel to complete the repair or maintenance.

iv. Requests for warranty support shall be made to the telephone support number provided by the Contractor.

v. Warranty support requests shall be responded to within 2 days.

vi. Contractor shall provide a copy of the service report, complete with test data, to the contract COR within five working days after completion of any services.

vii. Service reports shall include identifying information about the equipment, all services provided during the service visit, any issues found during the visit, the technician/engineer names of the personnel performing work, and the date service was provided.

viii. On-Site Procedures

1. Contractor personnel arriving on-site to perform work shall report to the Biomedical Engineering Department.

2. Contractor personnel shall sign in using the department’s vendor sign in sheet, filling out all required information.

3. Contractor personnel’s tool bags are subject to inspection by the Biomedical Engineering department upon arrival and upon departure.

4. Contractor personnel shall sign out upon completion of visit.

5. Prior to departure, Contractor personnel are required to, at a minimum, verbally report any issues with the equipment to the Biomedical Engineering department, especially noting if the system is still down or not fully repaired.

6. The VA campus is non-smoking. Contractor personnel are required to comply with this policy.

7. Parking. It is the responsibility of the Contractor to park in the appropriate designated parking areas.

h. Safety and Security

i. Contractor shall follow all Occupational Safety and Health Administration (OSHA) laws and regulations. The Contractor is responsible for reporting any hazards they come across to their point of contact.

ii. Contractor shall follow all local procedures concerning infection control. Should the Contractor be unsure of the requirements, the COR can provide the specific information and procedures.

iii. Contractor personnel shall wear visible identification at all times while on VA property. Contract personnel are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials.

iv. Property Damage

1. The contractor shall take all necessary precautions to prevent damage to any Government property.

2. The contractor shall report any damages immediately and shall be assessed current replacement costs for property damaged by the contractor, unless corrective action is taken.

3. Any damaged material (i.e., trees, shrubs, lawn/turf, curbs, gutters, sidewalks, etc.) will be replaced in a timely manner or corrected by the contractor with like materials, at no extra cost to the Government, upon approval of the Contracting Officer.

D. QUALITY ASSURANCE

a. End-users, Biomedical Engineering, and/or the contract COR shall perform system verification tests to ensure the system is fully functional.

b. Issues with the quality of the Contractor’s work will be communicated through the Contracting Officer to the Contractor point of contact for resolution.

c. Documentation with be completed in the Government systems.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

866471 IntelliVue Patient Monitor MX750 Contract Period: Base POP Begin: 07-26-2024 POP End: 10-31-2024 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 884838083332

0001AA

A08 8-wave capability

POP Begin: 07-26-2024 POP End: 10-31-2024 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): A08

0001AB

C07 Adv. Event Surveillance

POP Begin: 07-26-2024 POP End: 10-31-2024 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): C07

0001AC

CP2 Extended ECG Capabilities

POP Begin: 07-26-2024 POP End: 10-31-2024 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): CP2

0001AD

H32 Anesthesia Software

POP Begin: 07-26-2024 POP End: 10-31-2024 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): H32

0001AE

J13 RS232/MIB interface

POP Begin: 07-26-2024 POP End: 10-31-2024 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): J13

0001AF

J15 Replica Display

POP Begin: 07-26-2024 POP End: 10-31-2024 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): J15

866468 Flexible Module Server FMX-4

POP Begin: 07-26-2024 POP End: 10-31-2024 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): 884838086982

0002AA

E20 Multi-Measurement Module Mt

POP Begin: 07-26-2024 POP End: 10-31-2024 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): E20

862453 Cables for IntelliVue

POP Begin: 07-26-2024 POP End: 10-31-2024 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): 884838021723

0003AA

SC2 System Cables 2.0m

POP Begin: 07-26-2024 POP End: 10-31-2024 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): SC2

867030 IntelliVue Multi-Measurement Module X3

POP Begin: 07-26-2024 POP End: 10-31-2024 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): 884838082588

0004AA

A04 4-waves capability

POP Begin: 07-26-2024 POP End: 10-31-2024 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): A04

0004AB

B06 Dual Press and Temp

POP Begin: 07-26-2024 POP End: 10-31-2024 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): B06

0004AC

E20 Fix Clamp Mount

POP Begin: 07-26-2024 POP End: 10-31-2024 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): E20

0004AD

E31 Carrying Handle

POP Begin: 07-26-2024 POP End: 10-31-2024 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): E31

0004AE

H72 Critical Care Transport SW

POP Begin: 07-26-2024 POP End: 10-31-2024 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): H72

0004AF

J45 Smart Hopping IF 1.4 GHz

POP Begin: 07-26-2024 POP End: 10-31-2024 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): J45

0004AG

SP1 FAST SpO2

POP Begin: 07-26-2024 POP End: 10-31-2024 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): SP1

862453 Cables for IntelliVue

POP Begin: 07-26-2024 POP End: 10-31-2024 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

0005AA

SC1 System Cables 0.75m

POP Begin: 07-26-2024 POP End: 10-31-2024 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): SC1

866468 Flexible Module Server FMX-4

POP Begin: 07-26-2024 POP End: 10-31-2024 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): 884838086982

862453 Cables for IntelliVue

POP Begin: 07-26-2024 POP End: 10-31-2024 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

0007AA

SC1 System Cables 0.75m

POP Begin: 07-26-2024 POP End: 10-31-2024 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): SC1

866336 Thermal Array Recorder Module

POP Begin: 07-26-2024 POP End: 10-31-2024 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): 884838050532

989803125841 5 Leadset, Grabber, AAMI, ICU

POP Begin: 07-26-2024 POP End: 10-31-2024 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): 884838021372

989803145061 5 Lead ECG Trunk, AAMI/IEC 2.7m

POP Begin: 07-26-2024 POP End: 10-31-2024 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): 884838010963

866421 IntelliVue BIS Module

POP Begin: 07-26-2024 POP End: 10-31-2024 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): 884838051515

0011AA

B01 BIS Device

POP Begin: 07-26-2024 POP End: 10-31-2024 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): B01

0011AB

K20 BIS 4-Electrode Sensors

POP Begin: 07-26-2024 POP End: 10-31-2024 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): K20

989803128651 Sp02 8-pin D-sub Adapter cable 3m (8pin)

POP Begin: 07-26-2024 POP End: 10-31-2024 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): 884838011946

989803205911 SPO2 Reus Adult Clip Sensor M1196T

POP Begin: 07-26-2024 POP End: 10-31-2024 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): 884838102576

989803199741 Dual IBP Adapter

POP Begin: 07-26-2024 POP End: 10-31-2024 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): 884838085299

989803216591 Clin Config & Imp: 1 Standard Shift

POP Begin: 07-26-2024 POP End: 10-31-2024 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

MANUFACTURER PART NUMBER (MPN): 989803216591

989803216601 Clin Config & Imp: 1 Overtime Shift

POP Begin: 07-26-2024 POP End: 10-31-2024 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

MANUFACTURER PART NUMBER (MPN): 989803216601

989803208681 Project Management: Foundation

POP Begin: 07-26-2024 POP End: 10-31-2024 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

MANUFACTURER PART NUMBER (MPN): 989803208681

989805710138 Labor: Standard Time

POP Begin: 07-26-2024 POP End: 10-31-2024 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

MANUFACTURER PART NUMBER (MPN): 989805710138

989803209411 WMTS: Registration Services

POP Begin: 07-26-2024 POP End: 10-31-2024 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

MANUFACTURER PART NUMBER (MPN): 989803209411

989803218041 Avance CS2: MX600-850, Dual FMX4, Side

POP Begin: 07-26-2024 POP End: 10-31-2024 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): 989803218041

GRAND TOTAL

B.3 DELIVERY SCHEDULE

200 Veterans Avenue Beckley, WV 25801

USA

6.00

200 Veterans Avenue Beckley, WV 25801

6.00

200 Veterans Avenue Beckley, WV 25801

6.00

200 Veterans Avenue Beckley, WV 25801

6.00

200 Veterans Avenue Beckley, WV 25801

6.00

200 Veterans Avenue Beckley, WV 25801

6.00

200 Veterans Avenue Beckley, WV 25801

6.00

200 Veterans Avenue Beckley, WV 25801

6.00

200 Veterans Avenue Beckley, WV 25801

6.00

200 Veterans Avenue Beckley, WV 25801

6.00

200 Veterans Avenue Beckley, WV 25801

6.00

200 Veterans Avenue Beckley, WV 25801

6.00

200 Veterans Avenue Beckley, WV 25801

6.00

200 Veterans Avenue Beckley, WV 25801

6.00

200 Veterans Avenue Beckley, WV 25801

6.00

200 Veterans Avenue Beckley, WV 25801

6.00

200 Veterans Avenue Beckley, WV 25801

6.00

200 Veterans Avenue Beckley, WV 25801

6.00

200 Veterans Avenue Beckley, WV 25801

6.00

200 Veterans Avenue Beckley, WV 25801

6.00

200 Veterans Avenue Beckley, WV 25801

6.00

200 Veterans Avenue Beckley, WV 25801

6.00

200 Veterans Avenue Beckley, WV 25801

6.00

200 Veterans Avenue Beckley, WV 25801

6.00

200 Veterans Avenue Beckley, WV 25801

6.00

200 Veterans Avenue Beckley, WV 25801

8.00

200 Veterans Avenue Beckley, WV 25801

8.00

200 Veterans Avenue Beckley, WV 25801

3.00

200 Veterans Avenue Beckley, WV 25801

3.00

200 Veterans Avenue Beckley, WV 25801

3.00

200 Veterans Avenue Beckley, WV 25801

8.00

200 Veterans Avenue Beckley, WV 25801

8.00

200 Veterans Avenue Beckley, WV 25801

4.00

200 Veterans Avenue Beckley, WV 25801

5.00

200 Veterans Avenue Beckley, WV 25801

3.00

200 Veterans Avenue Beckley, WV 25801

3.00

200 Veterans Avenue Beckley, WV 25801

16.00

200 Veterans Avenue Beckley, WV 25801

1,920.00

200 Veterans Avenue Beckley, WV 25801

6.00

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

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

(End of Addendum to 52.212-4)

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

(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 Covered Entities (DEC 2023) (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:

[] (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).

[X] (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.)

[] (4) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

[X] (5) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (6) [Reserved] [] (7) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (8) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (9) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).

[] (10) 52.204–28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115–390, title II).

[X] (11)(i) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (DEC 2023) (Pub. L. 115–390, title II).

[] (ii) Alternate I (DEC 2023) of 52.204–30.

[X] (12) 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).

[] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

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

[] (16) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (17) [Reserved] [X] (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

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

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

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

[] (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).

[] (21)(i) 52.219–9, Small Business Subcontracting Plan (SEP 2023) (15 U.S.C. 637(d)(4)).

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

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

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

[] (v) Alternate IV (SEP 2023) of 52.219–9.

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

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

[] (23) 52.219–14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

[] (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[] (25) 52.219–27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

[X] (26) (i) 52.219–28, Post-Award Small Business Program Representation (FEB 2024) (15 U.S.C. 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219–28.

[] (27) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

[] (28) 52.219–30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

[] (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[] (30) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

[X] (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[X] (32) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (FEB 2024) (E.O. 13126).

[X] (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (34)(i)…