S02 SF1449 Combined Synopsis_Solicitation 36C26226Q0677 Food Service Management System SaaS.pdf

Combined Synopsis/Solicitation Notice

*= Required Field Combined Synopsis/Solicitation Notice

SUBJECT* FOOD SERVICE MANAGEMENT SYSTEM BY COMPUTRITION INC OR EQUAL

TO

GENERAL INFORMATION

CONTRACTING OFFICE’S ZIP CODE* 90815

SOLICITATION NUMBER* 36C26226Q0677

RESPONSE DATE/TIME/ZONE 04-28-2026 11:00 AM PACIFIC TIME, LOS

ANGELES, USA

ARCHIVE 30 DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS N

SET-ASIDE

PRODUCT SERVICE CODE* DA10

NAICS CODE* 513210

CONTRACTING OFFICE ADDRESS Department of Veterans Affairs

Network Contracting Office 22

4811 Airport Plaza Drive

Suite 600

Long Beach CA 90815

POINT OF CONTACT*

Contracting Specialist

Espinoza, Jose A.

jose.espinoza3@va.gov

PLACE OF PERFORMANCE

ADDRESS Department of Veteran Affairs

Long Beach VA Healthcare System

Tibor Rubin VA Medical Center

5901 E 7th Street

Long Beach CA

POSTAL CODE 90822

COUNTRY

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

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

36C26226Q0677 04-22-2026

Espinoza, Jose A. 562-826-8000 x17360 04-29-2026

8:00 AM PDT

36C262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive

X

513210

$47 Million

N/A

X

36C600

Department of Veterans Affairs Long Beach VA Healthcare System 5901 E. 7th Street

Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive

Financial Services Center

Submit Invoices Electronically to:

https://portal.tungsten-network.com

1-877-489-6135

See CONTINUATION Page

THIS IS A SOLICITATION FOR FOOD SERVICE MANAGEMENT SYSTEM

VENDORS SHALL SHOW CLEAR, COMPELLING AND CONVINCING EVIDENCE

THAT ALL “EQUAL TO ITEMS” MEET ALL REQUIRED SALIENT

CHARACTERISTICS IAW FAR 52.211-6 – BRAND NAME OR EQUAL.

PERFORMANCE PERIODS:

Base Year: 05-01-2026 - 04-30-2027 Option Year 1: 05-01-2027 - 04-30-2028 Option Year 2: 05-01-2028 - 04-30-2029 Option Year 3: 05-01-2029 - 04-30-2030 Option Year 4: 05-01-2030 - 04-30-2031

QUOTE MUST BE SUBMITTED TO JOSE.ESPINOZA3@VA.GOV

See CONTINUATION Page

X X

X 1 https://portal.tungsten-network.com/ https://vaww.aams.ecms.va.gov/AAMS_Production/DAV/k05yyybjynzqg1-y/JOSE.ESPINOZA3@VA.GOV

36C26226Q0677

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

B.2 STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

BASE YEAR 05/01/2026 – 04/30/2027

OPTION YEAR 1 05/01/2027 – 04/30/2028

OPTION YEAR 2 05/01/2028 – 04/30/2029

OPTION YEAR 3 05/01/2029 – 04/30/2030

OPTION YEAR 4: 05/01/2030 – 04/30/2031

B.4 TERMS AND CONDITIONS

B.5 ADMINISTRATIVE DATA

B.5 PRICING

B.7 SEGREGATION OF COSTS

B.8 GENERAL SERVICES ORDERS

B.9 LABOR HOUR ORDERS

B.10 NONPERSONAL SERVICES

B.11 AUTHORIZED LIMITS

B.12 OBLIGATION OF FUNDS

B.13 PERIOD OF PERFORMANCE

B.14 AUTHORIZED INDIVIDUALS

B.15 ORDER FORMAT

B.16 AUTHORIZED REPRESENTATIVES

B.17 FEDERAL HOLIDAYS

B.18 PROHIBIT ACTIVITIES

B.19 TRAVEL REIMBURSEMENT

B.20 INVOICES

B.21 PRECEDENCE

B.22 OPTION TO EXTEND THE TREM OF THE BPA

SECTION C - CONTRACT CLAUSES

C.1 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE,

AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB COVERED

ENTITIES (DEC 2023)

C.2 52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN

2023)

C.3 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2023)

C.4 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (OCT 2025) (DEVIATION FEB 2025)

C.5 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

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

C.7 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.8 VAAR 852.222-71 COMPLIANCE WITH EXECUTIVE ORDER 13899

(DEVIATION)(APR 2025)

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

2018)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 EXPERIENCE NARRATIVE SHEET

D.2 PAST PERFORMANCE SHEET

SECTION E - SOLICITATION PROVISIONS

E.1 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)

E.2 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

E.3 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS

AND CERTIFICATIONS (NOV 2025) (DEVIATION)

E.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.5 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION

FEB 2025)

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 Office 36C262

Network Contracting Office 22

4811 Airport Plaza Drive, Suite 600

Long Beach, CA 90815

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

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

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] UPON COMPLETION AND ACCEPTANCE WITH

APPROVED INVOICE

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.

This is accomplished through the Tungsten Network located at:

https://www.fsc.va.gov/einvoice.asp https://vaww.aams.ecms.va.gov/AAMS_Production/DAV/k05yyybjyy56v1-y/%09https:/www.fsc.va.gov/einvoice.asp

B.2 STATEMENT OF WORK

1. BACKGROUND INFORMATION:

Nutrition and Food Service’s 5-year contract with Computrition April 30, 2026. Our aim is to establish a new contract with Computrition by May 1, 2026, that will include the base year plus 4 option years.

2. OBJECTIVES:

The scope of this contract is to provide licenses for Computrition’s Hospitality Suite Client/Service Software, Room Service Connect and Tray in Motion.

The objective is to continue automated food service operations and nutrition care management:

• Provide Computrition’s window’s based software solution

• Ensure user-friendly interfaces featuring point-and-click functionality and rapid data processing

• Seamless integration with the VA VISTA system using Computrition’s preconfigured standalone interface

• Compliance with all IT requirements, including Single Sign-On capabilities.

3. PERIOD OF PERFORMANCE:

The anticipated Period of Performance is May 1, 2026 through April 30, 2027. The contract will offer (4) 12-month option periods following the completion of the base period.

The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Exercise of the option will be based on whatever is the most advantageous to the Government.

Evaluation of options shall not obligate the Government to exercise the option.

4. PLACE OF PERFORMANCE:

BEGINNING 05/01/2026:

1. VA LONG BEACH HEALTHCARE SYSTEM

2. VA LOMA LINDA HEALTHCARE SYSTEM

3. VA SAN DIEGO HEALTHCARE SYSTEM

4. VA WEST LOS ANGELES HEALTHCARE SYSTEM

OPTIONAL FUTURE LOCATIONS – NOT INCLUDED IN BASE YEAR:

5. VA ALBUQUERQUE HEALTHCARE SYSTEM

6. VA NORTHERN ARIZONA HEALTHCARE SYSTEM

7. VA PHOENIX VA HEALTHCARE SYSTEM

8. VA SOUTHERN ARIZONA HEALTHCARE SYSTEM

5. SPECIFIC REQUIREMENTS:

The Department of Veterans Affairs requires a Nutrition and Food Service Management System to support clinical nutrition, food production, and patient meal service operations across multiple VA Medical Centers.

The system shall support the following core capabilities:

5.1 Management of food service operations, including menu development, recipe standardization, and production planning

5.2 Clinical nutrition management, including patient diet orders, allergies, and meal planning

5.3 Nutritional analysis and compliance with applicable food safety standards

5.4 Patient-specific dietary management, including meal tracking and specialized nutrition support

5.5 Integration with existing VA clinical and administrative systems to enable real-time exchange of patient data

5.6.1 Secure system operation in accordance with VA IT and cybersecurity requirements

5.6.2 Multi-site deployment capability to support enterprise-wide operations

6. SALIENT CHARACTERISTICS: Nutrition & Food Service Management System

(Brand Name or Equal)

6.1 The vendor shall provide a commercial off-the-shelf (COTS) Nutrition Care and Food

Service Management system. The system shall support multi-facility healthcare operations across multiple VA Medical Centers and shall operate in a hospital environment requiring high reliability, accuracy, and real-time data processing.

6.2 The vendor shall provide a system capable of managing standardized ingredients, scalable recipes, and menu development. The system shall support multiple menu types, including but not limited to clinical nutrition, long-term care, and room service dining.

6.3 The vendor shall provide functionality for production tally sheets, food substitutions, and date-specific nourishment tracking. The system shall provide inventory tracking with customizable reporting capabilities and shall allow configuration of batch sizes, pan sizes, and distribution quantities.

6.4 The vendor shall provide a system that incorporates the USDA nutrient database and additional vendor-supported nutritional datasets. The system shall perform automated nutrient analysis and calorie calculations.

6.5 The vendor shall provide functionality to track diet orders and modifications, food allergies and patient preferences, and patient demographic data. The system shall support patient-specific meal planning and on-demand menu generation.

6.6 The vendor shall provide comprehensive nutrient analysis and calorie reporting. The system shall support HACCP or equivalent food safety compliance standards.

6.7 The vendor shall provide functionality for calorie count reporting, carbohydrate tracking, and meal tray delivery documentation. The system shall support tube feeding management and automated meal pattern assignment.

6.8 The vendor shall provide a system capable of integrating with existing VA clinical and administrative systems, including legacy electronic health record platforms. The system shall support real-time exchange of patient data, including admission, discharge, transfer (ADT), and diet order information, and shall support HL7 or equivalent interoperability standards.

6.9 The vendor shall ensure secure data transmission and protection against data loss, corruption, and unauthorized access.

6.10 The vendor shall ensure compliance with VA IT and cybersecurity requirements.

The system shall support Single Sign-On (SSO) capability and shall be compatible with existing VA infrastructure.

6.11 The vendor shall provide dedicated account management support for system troubleshooting and coordination and shall provide initial system implementation and configuration support.

6.12 The vendor shall provide user support during standard business hours, at a minimum. The system shall allow submission of service requests and system enhancement requests, and the vendor shall provide technical assistance for system operation and optimization.

6.13 The vendor shall provide regular system updates and maintenance. The vendor shall ensure updates maintain system functionality and compatibility and shall provide ongoing support for system performance optimization.

6.14 The vendor shall ensure the system supports real-time processing of patient dietary and operational data. The system shall maintain reliable performance in a healthcare environment, and the vendor shall provide timely response to system issues impacting operations

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

BASE YEAR 05/01/2026 – 04/30/2027

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 EA __________________ __________________

Nutrition Care Management

OR EQUAL TO

Contract Period: Base POP Begin: 05-01-2026 POP End: 04-30-2027

Nutrition Care Management 5 Clients Food Service Operations

OR EQUAL TO

Contract Period: Base

Management Pro Site Food Service Operations OR EQUAL TO Contract Period: Base

Management Pro 5 Clients

OR EQUAL TO

Contract Period: Base

Multi-Site HL7 ADT/DO/Tube Feeding Interface

OR EQUAL TO

Contract Period: Base

HS Single Sign-On Module

OR EQUAL TO

Contract Period: Base POP Begin: 05-01-2026

TouchPoint Dining Initialization

OR EQUAL TO

Contract Period: Base

TouchPoint Dining Site Annuals

OR EQUAL TO

Contract Period: Base

TouchPoint Dining Implementation

OR EQUAL TO

Contract Period: Base

Learning Subscription Service (Up to 5 sites)

OR EQUAL TO

Contract Period: Base

EMR Conversion

OR EQUAL TO

Contract Period: Base

Nutrition Care Management Select Initialization -5 additional clients

Contract Period: Base POP Begin: 05-01-2026

Nutrition Care Management Select Annual License Subscription Fee

- 5 additional clients

OR EQUAL TO

Contract Period: Base

Foodservice Operations Management Initialization- 5 additional clients

OR EQUAL TO

Contract Period: Base

Foodservice Operations Management Annual License Subscription Fee - 5 additional clients

OR EQUAL TO

Contract Period: Base

NUTRITION CARE MANAGEMENT 10 CLIENTS

OR EQUAL TO

Contract Period: Base

FOOD SERVICE OPERSATIONS MANAGEMENT PRO 10

CLIENTS

OR EQUAL TO

Contract Period: Base

MANAGEMENT PRO 10 CLIENTS INTERFACE

OR EQUAL TO

Contract Period: Base

ROOM SERVICE CONNECT PLUS* (ROOM SERVICE, CALL

CENTER, AND BEDSIDE CONNECT) SITE San Diego VA Healthcare System

OR EQUAL TO

Contract Period: Base

ROOM SERVICE CONNECT PLUS (ROOM SERVICE, CALL

CENTER AND BEDSIDE CONNECT) +5 CLIENTS San Diego VA Healthcare System

OR EQUAL TO

Contract Period: Base

TOUCHPOINT DINING GATEWAY

OR EQUAL TO

Contract Period: Base

Nutrition Care Management 9 Clients /Food Service Operations

OR EQUAL TO

Contract Period: Base

Room Service Connect Plus - Bedside, Room Service, and Call Center- Annual License Subscription Fee - Site Loma Linda VA Healthcare System

Contract Period: Base POP Begin: 05-01-2026

Center Annual License Subscription Fee - 5 clients Loma Linda VA Healthcare System

OR EQUAL TO

Contract Period: Base

Tray inMotion (iTIM) Elite (includes Operations Connect - Tray Service) Annual License Subscription - Additional Site

OR EQUAL TO

Contract Period: Base

Management Pro 8 Clients

OR EQUAL TO

Contract Period: Base

NUTRITION CARE MANAGEMENT - 18 CLIENTS

OR EQUAL TO

Contract Period: Base

FOOD SERVICE OPERATIONS - 17 CLIENTS

OR EQUAL TO

Contract Period: Base

GRAND TOTAL __________________

OPTION YEAR 1 05/01/2027 – 04/30/2028

ITEM

NUMBER

DESCRIPTION OF

OR EQUAL TO

Contract Period: Option Year 1 POP Begin: 05-01-2027 POP End: 04-30-2028

OR EQUAL TO

Contract Period: Option Year 1

OR EQUAL TO

Contract Period: Option Year 1

OR EQUAL TO

Contract Period: Option Year 1

OR EQUAL TO

Contract Period: Option Year 1

Contract Period: Option Year 1 POP Begin: 05-01-2027

OR EQUAL TO

Contract Period: Option Year 1

OR EQUAL TO

Contract Period: Option Year 1

OR EQUAL TO

Contract Period: Option Year 1

OR EQUAL TO

Contract Period: Option Year 1

OR EQUAL TO

Contract Period: Option Year 1

Contract Period: Option Year 1 POP Begin: 05-01-2027

- 5 additional clients

OR EQUAL TO

Contract Period: Option Year 1 clients

OR EQUAL TO

Contract Period: Option Year 1

Fee - 5 additional clients

OR EQUAL TO

Contract Period: Option Year 1

OR EQUAL TO

Contract Period: Option Year 1

CLIENTS

OR EQUAL TO

Contract Period: Option Year 1

MANAGEMENT PRO 10 CLIENTS INTERFACE

OR EQUAL TO

Contract Period: Option Year 1

CENTER, AND BEDSIDE CONNECT) SITE San Diego VA Healthcare System

OR EQUAL TO

Contract Period: Option Year 1

CENTER AND BEDSIDE CONNECT) +5 CLIENTS San Diego VA Healthcare System

OR EQUAL TO

Contract Period: Option Year 1

OR EQUAL TO

Contract Period: Option Year 1

OR EQUAL TO

Contract Period: Option Year 1

Center- Annual License Subscription Fee - Site Loma Linda VA

Contract Period: Option Year 1 POP Begin: 05-01-2027

Center Annual License Subscription Fee - 5 clients Loma Linda VA Healthcare System

OR EQUAL TO

Contract Period: Option Year 1

Service) Annual License Subscription - Additional Site

OR EQUAL TO

Contract Period: Option Year 1

OR EQUAL TO

Contract Period: Option Year 1

OR EQUAL TO

Contract Period: Option Year 1

OR EQUAL TO

Contract Period: Option Year 1

OPTION YEAR 2 05/01/2028 – 04/30/2029

ITEM

NUMBER

DESCRIPTION OF

OR EQUAL TO

Contract Period: Option Year 2 POP Begin: 05-01-2028 POP End: 04-30-2029

OR EQUAL TO

Contract Period: Option Year 2

OR EQUAL TO

Contract Period: Option Year 2

OR EQUAL TO

Contract Period: Option Year 2

OR EQUAL TO

Contract Period: Option Year 2

Contract Period: Option Year 2 POP Begin: 05-01-2028

OR EQUAL TO

Contract Period: Option Year 2

OR EQUAL TO

Contract Period: Option Year 2

OR EQUAL TO

Contract Period: Option Year 2

OR EQUAL TO

Contract Period: Option Year 2

OR EQUAL TO

Contract Period: Option Year 2

Contract Period: Option Year 2 POP Begin: 05-01-2028

- 5 additional clients

OR EQUAL TO

Contract Period: Option Year 2 clients

OR EQUAL TO

Contract Period: Option Year 2

Fee - 5 additional clients

OR EQUAL TO

Contract Period: Option Year 2

OR EQUAL TO

Contract Period: Option Year 2

CLIENTS

OR EQUAL TO

Contract Period: Option Year 2

MANAGEMENT PRO 10 CLIENTS INTERFACE

OR EQUAL TO

Contract Period: Option Year 2

CENTER, AND BEDSIDE CONNECT) SITE San Diego VA Healthcare System

OR EQUAL TO

Contract Period: Option Year 2

CENTER AND BEDSIDE CONNECT) +5 CLIENTS San Diego VA Healthcare System

OR EQUAL TO

Contract Period: Option Year 2

OR EQUAL TO

Contract Period: Option Year 2

OR EQUAL TO

Contract Period: Option Year 2

Center- Annual License Subscription Fee - Site Loma Linda VA

Contract Period: Option Year 2 POP Begin: 05-01-2028

Center Annual License Subscription Fee - 5 clients Loma Linda VA Healthcare System

OR EQUAL TO

Contract Period: Option Year 2

Service) Annual License Subscription - Additional Site

OR EQUAL TO

Contract Period: Option Year 2

OR EQUAL TO

Contract Period: Option Year 2

OR EQUAL TO

Contract Period: Option Year 2

OR EQUAL TO

Contract Period: Option Year 2

OPTION YEAR 3 05/01/2029 – 04/30/2030

ITEM

NUMBER

DESCRIPTION OF

OR EQUAL TO

Contract Period: Option Year 3 POP Begin: 05-01-2029 POP End: 04-30-2030

OR EQUAL TO

Contract Period: Option Year 3

OR EQUAL TO

Contract Period: Option Year 3

OR EQUAL TO

Contract Period: Option Year 3

OR EQUAL TO

Contract Period: Option Year 3

Contract Period: Option Year 3 POP Begin: 05-01-2029

OR EQUAL TO

Contract Period: Option Year 3

OR EQUAL TO

Contract Period: Option Year 3

OR EQUAL TO

Contract Period: Option Year 3

OR EQUAL TO

Contract Period: Option Year 3

OR EQUAL TO

Contract Period: Option Year 3

Contract Period: Option Year 3 POP Begin: 05-01-2029

- 5 additional clients

OR EQUAL TO

Contract Period: Option Year 3 clients

OR EQUAL TO

Contract Period: Option Year 3

Fee - 5 additional clients

OR EQUAL TO

Contract Period: Option Year 3

OR EQUAL TO

Contract Period: Option Year 3

CLIENTS

OR EQUAL TO

Contract Period: Option Year 3

MANAGEMENT PRO 10 CLIENTS INTERFACE

OR EQUAL TO

Contract Period: Option Year 3

CENTER, AND BEDSIDE CONNECT) SITE San Diego VA Healthcare System

OR EQUAL TO

Contract Period: Option Year 3

CENTER AND BEDSIDE CONNECT) +5 CLIENTS San Diego VA Healthcare System

OR EQUAL TO

Contract Period: Option Year 3

OR EQUAL TO

Contract Period: Option Year 3

OR EQUAL TO

Contract Period: Option Year 3

Center- Annual License Subscription Fee - Site Loma Linda VA

Contract Period: Option Year 3 POP Begin: 05-01-2029

Center Annual License Subscription Fee - 5 clients Loma Linda VA Healthcare System

OR EQUAL TO

Contract Period: Option Year 3

Service) Annual License Subscription - Additional Site

OR EQUAL TO

Contract Period: Option Year 3

OR EQUAL TO

Contract Period: Option Year 3

OR EQUAL TO

Contract Period: Option Year 3

OR EQUAL TO

Contract Period: Option Year 3

OPTION YEAR 4: 05/01/2030 – 04/30/2031

ITEM

NUMBER

DESCRIPTION OF

OR EQUAL TO

Contract Period: Option Year 4 POP Begin: 05-01-2030 POP End: 04-30-2031

OR EQUAL TO

Contract Period: Option Year 4

OR EQUAL TO

Contract Period: Option Year 4

OR EQUAL TO

Contract Period: Option Year 4

OR EQUAL TO

Contract Period: Option Year 4

Contract Period: Option Year 4 POP Begin: 05-01-2030

OR EQUAL TO

Contract Period: Option Year 4

OR EQUAL TO

Contract Period: Option Year 4

OR EQUAL TO

Contract Period: Option Year 4

OR EQUAL TO

Contract Period: Option Year 4

OR EQUAL TO

Contract Period: Option Year 4

Contract Period: Option Year 4 POP Begin: 05-01-2030

- 5 additional clients

OR EQUAL TO

Contract Period: Option Year 4 clients

OR EQUAL TO

Contract Period: Option Year 4

Fee - 5 additional clients

OR EQUAL TO

Contract Period: Option Year 4

OR EQUAL TO

Contract Period: Option Year 4

CLIENTS

OR EQUAL TO

Contract Period: Option Year 4

MANAGEMENT PRO 10 CLIENTS INTERFACE

OR EQUAL TO

Contract Period: Option Year 4

CENTER, AND BEDSIDE CONNECT) SITE San Diego VA Healthcare System

OR EQUAL TO

Contract Period: Option Year 4

CENTER AND BEDSIDE CONNECT) +5 CLIENTS San Diego VA Healthcare System

OR EQUAL TO

Contract Period: Option Year 4

OR EQUAL TO

Contract Period: Option Year 4

OR EQUAL TO

Contract Period: Option Year 4

Center- Annual License Subscription Fee - Site Loma Linda VA

Contract Period: Option Year 4 POP Begin: 05-01-2030

Center Annual License Subscription Fee - 5 clients Loma Linda VA Healthcare System

OR EQUAL TO

Contract Period: Option Year 4

Service) Annual License Subscription - Additional Site

OR EQUAL TO

Contract Period: Option Year 4

OR EQUAL TO

Contract Period: Option Year 4

OR EQUAL TO

Contract Period: Option Year 4

OR EQUAL TO

Contract Period: Option Year 4

B.4 TERMS AND CONDITIONS

The Contractor agrees to the following terms of a Blanket Purchase Agreement (BPA) EXCLUSIVELY WITH the Department of Veterans Affairs:

B.5 ADMINISTRATIVE DATA

A Blanket Purchase Agreement (BPA) is hereby established between and the Department of Veterans Affairs under the following terms and conditions incorporated in this BPA:

Primary Point of Contact: Jose A. Espinoza (jose.espinoza3@va.gov)

Network Contracting Office 22

4811 Airport Plaza Drive

Suite 600

Long Beach CA 90815

B.5 PRICING

Contract Services as listed , with associated pricing, can be ordered under this BPA. The Contractor shall be allowed to vary within the categories for successful and efficient task completion not to exceed funded values of each order awarded under this agreement. As proposed, the Contractor will apply applicable extended/tier pricing to all categories used in the performance of orders issued under this Agreement. Orders may be awarded on a basis only.

All Calls/Orders placed against this BPA are subject to the terms and conditions of the referenced BPA, the Contractor's proposal and this Agreement, except where noted below.

Contractor's proposal dated is hereby referenced.

B.7 SEGREGATION OF COSTS

a. The "Payments under Time-and-Materials and Labor-Hour Contracts" clause provides for reimbursement to the contractor of costs incurred for certain items and services purchased directly for the contract, subject to certain limitations set forth in the clause. Such items may include the lease/purchase of equipment, travel expenses for Government- directed travel, consumable materials, tuition and registration fees for specialized training, and other services or items acquired for the Government's account under the Government Property clause. The items and services which the BPA holder is authorized to purchase on a cost- reimbursement basis shall be limited to only those specific items and services described in the order(s) issued to the BPA holder as authorized for purchase.

b. The BPA holder shall segregate costs associated with materials and other items authorized to be purchased on a cost-reimbursement basis (to be specified in each order) from other costs associated with the performance of this contract in such a manner that at any time the costs subject to reimbursement under each order shall be readily ascertainable.

c. The "Ceiling Price" referred to in the "Payments under Time and Materials and Labor-Hour Contracts" clause shall be the ceiling price as stated in each order.

B.8 GENERAL SERVICES ORDERS

a. The BPA holder shall furnish all the necessary qualified personnel, materials, facilities and management resources to furnish the services set forth in the Statement of Objectives (SOO) or the Statement of Work (SOW) within the terms specified and at the price(s) stated.

b. It is understood and agreed that the BPA holder shall provide Fixed-Price proposals when requested by the Contracting Officer (CO). The contractor's proposal shall be priced using labor rates and labor categories here in provided. The CO will issue Fixed Priced Orders upon completion of negotiations of contractor proposals.

B.9 LABOR HOUR ORDERS

a. It is intended that the majority of orders issued for performance under this BPA will be Fixed- Priced Orders. However, on occasion Labor Hour Orders may be issued. This section applies to such orders only.

b. The BPA holder shall furnish all the necessary qualified personnel, materials, facilities and management resources to furnish the services set forth in the Statement of Objectives (SOO) or the Statement of Work (SOW) within the terms specified and at the price(s) stated. All orders will be issued and modified at the labor rates in effect at the time the work is performed.

c. It is understood and agreed that the BPA holder shall use in the performance of the contract the labor categories and hours specified in each order.

d. The labor categories and hours specified in each order represent the current best estimate of the services to be performed. To enhance flexibility and to allow the BPA holder to determine the optimum labor mix for the order the BPA holder may without notice to the Government, increase or decrease the number of hours for each category specified in the individual order by no more than %. These adjustments are allowable only to the extent that the ceiling price and the total number of hours of the labor CLIN(s) are not exceeded. The BPA holder will not be paid more than the ceiling price of any individual order.

e. Government Reimbursement of BPA Holder-Incurred Training Costs in Support of Mission- Unique Department of Veterans Affairs Requirements. BPA holder\personnel are required to possess all the skills necessary to support at least the minimum requirements of the Performance Work Statement (PWS) tasking for the labor category under which they are performing. Training to meet such minimum requirements must be provided by the BPA holder and is included in the fixed price labor rates. In situations where the "Government User" being supported by an order under the basic contract requires some "unique" level of support beyond the minimum requirements of the PWS because of program/mission-unique needs, then the BPA holder may directly charge the order (in the same manner as one might charge work-related TDY expenses) in order to obtain the unique training required for successful support if authorized in the order. Such education/training might be provided by Government entities or by "third party" private entities such as companies who specialize in providing professional or specialized training/education seminars/classes. Direct labor expenses, and travel related expenses allowable under the Joint Travel Regulations (JTR), may be allowed to be billed on a cost reimbursement basis. Tuition/Registration/Book fees (costs) that may be applicable to an individual course/seminar may be recoverable as a direct cost if specifically authorized in a particular order. Documentation (in the form of a Department of Veterans Affairs Program Office signed memorandum that such contemplated labor, travel, and costs to be reimbursed by the Government are mission essential and in direct support of "unique" or special Program Office requirements) will be required to support the billing of such costs against the order, which authorized payment, therefore.

f. In the event the BPA holder expends fewer hours than set forth in the individual order, the total order shall be adjusted to reflect the actual number of hours expended and the final order price. In no case will the final price exceed the ceiling price of the order.

g. Notwithstanding any other provision, the BPA holder shall maintain sufficient accounting records for verification of the hours and categories of labor incurred in the performance of each order. It is further understood and agreed that the accounting records shall be available for Government review during the performance of the contract and until three years after final payment under the contract. In the event subcontract labor is included in the labor effort contained in paragraph (c) above, the foregoing records provisions shall be included in all applicable subcontracts.

h. Payment under individual orders for CLINs (to be specified in order) will be in accordance with FAR 52.232-7 entitled "Payments under Time-and-Materials and Labor-Hour Contracts."

Withholding of amounts due as contemplated by the clause will apply to the total contract and not to individual orders. Withholding will not exceed $50,000.00 for the entire contract, regardless of the number of orders issued against the contract, and will apply to the first order and continue until the maximum withholding amount is reached. To facilitate closeout of early orders, the amount withheld may be transferred to any subsequent active order. Ceiling price, as used in the clause, applies to each individual order, not to the total contract.

B.10 NONPERSONAL SERVICES

a. In performance of this contract, the BPA holder will provide services as required by program offices to support management of their overall mission. This will be based upon the order's performance work statement for the specific effort. Orders will be formally issued to the BPA holder as opposed to individual BPA holder employees.

b. The services required under the Agreement constitute professional and management services within the definition provided by FAR 37.201. Under this Agreement the Government will obtain professional services, which are essential to the Department of Veterans Affairs mission but not otherwise available within Department of Veterans Affairs.

c. The Government will neither supervise BPA holder employees nor control the method by which the BPA holder performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual BPA holder employees.

It shall be the responsibility of the BPA holder to manage their employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services. If the BPA holder feels that any actions constitute, or are perceived to constitute personal services, it shall be the BPA holder's further responsibility to notify the Contracting Officer immediately.

d. These services shall not be used to perform work of a policy/ decision making or management nature. All decisions relative to programs supported by BPA holders will be the sole responsibility of the Government. Support services will not be ordered to circumvent personnel ceilings, pay limitations, or competitive employment procedures.

B.11 AUTHORIZED LIMITS

The Government estimates, but does not guarantee, that individual BPA Orders placed against this Agreement may reach /per Order. This Order Limit may be increased by mutual agreement of the parties as necessary, in whole or part. The authorized Ceiling Limit of the Agreement is set at over the period covered by the Agreement; this ceiling is also not a guarantee. The Ceiling Limit may also be raised in association with Order Limit increases or other conditions which, by mutual agreement of the parties, maybe considered necessary. Authorization for individual orders above the stated order and/or Ceiling Limits must be coordinated through the Contracting Officer before larger valued orders can be issued and prior to commencement of work. All unauthorized work, regardless of amount, will be processed through the ratification process.

B.12 OBLIGATION OF FUNDS

This BPA does not obligate any funds. The Government is obligated only to the extent of authorized orders actually issued under the BPA by the Contracting Officer.

B.13 PERIOD OF PERFORMANCE

This BPA expires on 04/30/2027 or such later ending date as determined by the exercise of any option.

B.14 AUTHORIZED INDIVIDUALS

Individuals Authorized to Place Orders:

ALL Network Contracting Office (NCO) 22 Contracting Officers with appropriate warrant

B.15 ORDER FORMAT

Orders will be placed against this BPA via e-mail, Electronic Data Interchange (EDI), FAX, or in hardcopy format. Each individual BPA Order will describe the tasks, services and deliverables required.

B.16 AUTHORIZED REPRESENTATIVES

The primary Contracting Officer (CO) for this Agreement is:

CECIL S. NICHOLS

Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach, CA 90815 Cecil.Nichols@va.gov The Primary Contracting Officer's Representative (COR) for projects under this Agreement is:

B.17 FEDERAL HOLIDAYS

Unless specifically authorized in writing by the Contracting Officer, no services will be provided and no charges will be incurred and/or billed to any order on this contract on any of the Federal Holidays listed below.

New Year’s Day Labor Day

Birthday of Martin Luther King, Jr. Columbus Day

Washington’s Birthday Veterans' Day

Memorial Day Thanksgiving Day

Juneteenth Christmas Day

Independence Day

B.18 PROHIBIT ACTIVITIES

The BPA holder shall not perform tasks under any resultant order which involve the following:

(a) preparation of any statement of requirements, objectives, or needs to be procured by the Government for services, whether to be acquired by future orders under the program, or by any other contract action at Department of Veterans Affairs;

(b) evaluation of the qualifications of a potential source or any proposal for a contract or order by the Government for services or any other supplies or services;

(c) formulation of "best value" criteria, acquisition plans, solicitations or strategies for the purchase of -like services;

(d) preparation of documentation for future orders for services.

B.19 TRAVEL REIMBURSEMENT

The Government will reimburse the cost of travel required in conjunction with performance of orders issued under this contract. Reimbursement for travel is limited to that which is required in the performance of the order. Specific Government direction to attend meetings or gather information shall be reimbursed on a cost reimbursable basis only. Local travel or the relocation of BPA holder personnel from other geographic areas for the purpose of staffing an order, are not subject to reimbursement. The Government will not pay travel charges for travel to and from the BPA holder employee's home and the DVA Office or to and from one company building to another (either within a company or to and from a prime to a sub company). Travel costs subject to reimbursement are limited to travel occurring at the direction of the Government, performed in conjunction with a specific requirement for a trip authorized in the order. Any administrative/clerical support travel costs shall be considered and approved by the Contracting Officer on a case-by-case basis.

B.20 INVOICES

a. Inspection and acceptance shall be accomplished as follows: The Government, for all services furnished under any resulting order, hereby designates the COR in the program office as the point of final inspection and acceptance. The BPA holder will submit each invoice, including all back-up data, to the Contracting Officer (CO) for review and signature. When the CO receives an accurate and complete invoice, he/she will return a signed copy to the BPA holder within five (5) working days. If the invoice is incomplete or inaccurate, the CO will return the unsigned invoice to the BPA holder for correction. The Contracting Officer will then forward the signed invoice to the Chief Financial Officer (CFO) for payment. Final payment for each order will be accomplished by final invoice accompanied by a receiving report.

b. An itemized invoice shall be submitted to the CO at least monthly or upon expiration of this BPA, whichever occurs first, for all deliveries made during a billing period and for which payment has not been received. Copies of delivery tickets shall support these invoices.

"Approved-for-payment" invoices will be submitted to the payment address specified on each individual order issued under this BPA.

B.21 PRECEDENCE

The Terms and conditions included in this BPA apply to all purchases made pursuant to it. In the event of an inconsistency between the provisions of this BPA and the Contractor's invoice, the provisions of this BPA will take precedence.

B.22 OPTION TO EXTEND THE TREM OF THE BPA

a. The Government may extend the term of this BPA by written notice to the Contractor at any time prior to the expiration of the BPA, provided that the Government shall give the Contractor a preliminary written notice of its intent to extend at least 30 days before the BPA expires. The preliminary notice does not commit the Government to an extension.

b. If the Government exercises this option, the extended BPA shall be considered to include this option provision.

SECTION C - CONTRACT CLAUSES

C.1 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE,

SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY

LAB COVERED ENTITIES (DEC 2023)

(a) Definitions. As used in this clause—Kaspersky Lab covered article means any hardware, software, or service that—

(1) Is developed or provided by a Kaspersky Lab covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a Kaspersky Lab covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a Kaspersky Lab covered entity.

Kaspersky Lab covered entity means—

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab, including any change in name, e.g., ‘‘Kaspersky’’;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115–91) prohibits Government use of any Kaspersky Lab covered article.

The Contractor is prohibited from—

(1) Providing any Kaspersky Lab covered article that the Government will use on or after October 1, 2018; and

(2) Using any Kaspersky Lab covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement. (1) In the event the Contractor identifies a Kaspersky Lab covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:

https://dibnet.dod.mil/ https://dibnet.dod.mil/

(i) Within 3 business days from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number);

item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: Any further available information about mitigation actions undertaken or recommended.

In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a Kaspersky Lab covered article, any reasons that led to the use or submission of the Kaspersky Lab covered article, and any additional efforts that will be incorporated to prevent future use or submission of Kaspersky Lab covered articles.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts including subcontracts for the acquisition of commercial products or commercial services.

(End of Clause)

C.2 52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION

(JUN 2023)

(a) Definitions. As used in this clause—

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L.

117–328), the No TikTok on Government Devices Act, and its implementing guidance under

Office of Management and Budget (OMB) Memorandum M–23–13, dated February 27, 2023, ‘‘No TikTok on Government Devices’’ Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M–23–13.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.

(End of Clause)

C.3 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…