Solicitation 36C26025Q0039.pdf

PAGE 1 OF 1. REQUISITION NO.

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

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

TIME

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

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

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

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

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

SEE ADDENDUM

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

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

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

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

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

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

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

TBD

36C26025Q0039 10-23-2024

Jennifer Robles; jennifer.robles1@va.gov 253-888-4924 11-07-2024

1PM EST

36C260

Department of Veterans Affairs

Network Contracting Office 20 (V4CONT)

1601 E. Fourth Plain Boulevard

Building 17, Suite B428

Vancouver WA 98661

X 100

X

541614

$20 Million

Net 30

N/A

X

36C496

Department of Veterans Affairs

Veterans Integrated Service Network 20

Multiple Locations

See Section B.3, Statement of Work

36C260

Department of Veterans Affairs

Network Contracting Office 20 (V4CONT)

1601 E. Fourth Plain Boulevard

FMS-VA-2(101)

Financial Services Center

PO Box 149971

Austin TX 78714-9971

Department of Veterans Affairs, Veterans Integrated Service

Network 20 (VISN 20) intends to establish a Single Award

Blanket Purchase Agreement (BPA) to provide an annual comprehensive fixed physical equipment inventory utilizing

Radio Frequency Identification (RFID) technology in accordance with the Section B.3, Statement of Work.

Obligations will be funded by task orders.

Period of performance:

Base: 11/21/2024 - 11/20/2025

Option Period 1: 11/21/2025 - 11/20/2026

Option Period 2: 11/21/2026 - 11/20/2027

Option Period 2: 11/21/2027 - 11/20/2028

Option Period 2: 11/21/2028 - 11/20/2029

Questions due by 10/30/2024, 1PM Eastern Standard Time

Proposals due by 11/07/2024, 1PM Eastern Standard Time.

Email Questions and Proposals to Jennifer.Robles1@va.gov.

X X

X 1

Jennifer Robles

VA-VHA-RPOW-2023-0015

36C26025Q0039

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 PRICE/COST SCHEDULE

ITEM INFORMATION

B.2 DELIVERY SCHEDULE

B.3 STATEMENT OF WORK

B.4 TERMS AND CONDITIONS

B.5 ADMINISTRATIVE DATA

B.6 PRICING DATA

B.7 OPTION TO EXTEND THE TERM OF THE BPA

B.8 GENERAL SERVICES ORDERS

B.9 NONPERSONAL SERVICES

B.10 AUTHORIZED LIMITS

B.11 OBLIGATION OF FUNDS

B.12 PERIOD OF PERFORMANCE

B.13 AUTHORIZED INDIVIDUALS

B.14 ORDER FORMAT

B.15 AUTHORIZED REPRESENTATIVES

B.16 FEDERAL HOLIDAYS

B.17 PROHIBIT ACTIVITIES

B.18 INVOICES

B.19 PRECEDENCE

SECTION C - CONTRACT CLAUSES

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

COMMERCIAL SERVICES (NOV 2023)

C.2 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED

VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

C.3 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF

COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)

C.4 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.5 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

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

EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

C.8 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 VISN 20 NETWORK FACILITIES

D.2 EQUIPMENT IN SCOPE

D.3 EQUIPMENT NOT IN SCOPE

D.4 SUMMARY REPORT

D.5 WAGE DETERMINATION

SECTION E - SOLICITATION PROVISIONS

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

SERVICES (SEP 2023)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—

REPRESENTATION AND DISCLOSURES (DEC 2023)

E.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

E.5 EVALUATION—COMMERCIAL ITEMS

E.6 BASIS OF SELECTION

E.7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (MAY 2024)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 EA __________________ __________________

Inventory of Equipment in AEMS/MERS

Contract Period: Base POP Begin: 11-21-2024 POP End: 11-20-2025

Inventory of Equipment not in AEMS/MERS

Contract Period: Base

Final Discrepancy Report

Contract Period: Base

Contract Period: Option 1 POP Begin: 11-21-2025 POP End: 11-20-2026

Contract Period: Option 1

Contract Period: Option 1

Contract Period: Option 2 POP Begin: 11-21-2026 POP End: 11-20-2027

Contract Period: Option 2 POP Begin: 11-21-2026

Contract Period: Option 2

POP Begin: 11-21-2026

GRAND TOTAL __________________

B.2 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY DELIVERY DATE

0001-2003

Multiple Sites within VISN 20 ALL 27 NOV 2027

B.3 STATEMENT OF WORK

Equipment Inventory Services for the Veterans Integrated Service Network (VISN) 20

B.3.1 SCOPE:

Contractor shall furnish all necessary labor, supervision, and travel to perform a comprehensive physical equipment inventory utilizing Radio Frequency Identification (RFID) technology/bar code to scan all equipment located within Veterans Integrated Service Network (VISN) 20. Inventory will include but not limited to, all outbuildings on the primary campuses, Community Based Outpatient Clinics (CBOCs), affiliated University Medical Schools, Vet Centers, National Cemetery, Veteran Benefits Administration (VBA) Regional Offices, and off-site warehouse locations that are storing equipment (See Attachment A).

B.3.2. RADIO FREQUENCY IDENTIFICATION (RFID) TECHNOLOGY:

• All VISN 20 sites utilize RFID technology which is an automatic identification technology whereby digital data is encoded in an RFID tag or "smart label" and is captured by a reader using radio waves.

• RFID works by employing an RFID transponder (or tag) and a reader. The RFID transponder is comprised of a microchip that holds information to identify an object, product, or person and an antenna for transmitting this data to the reader.

• Tags can be read using handheld or mobile readers, shelf or tabletop readers, or readers that can be installed at doorways or in portal configurations.

• RFID Technology offers several benefits to VISN 20 sites by improving its efficiency, equipment visibility and inventory accuracy.

B.3.3. GENERAL REQUIREMENTS:

• Provide personnel to conduct an annual equipment inventory using contractor and VA provided equipment scanners on all assets that have RFID enabled barcodes at all VISN 20 locations (See Attachment A).

• When required, provide, and utilize own equipment for scanning purposes including portable laptops and scanners.

• Contractor will train all staff in advance on the contract requirements, specific procedures to be followed, and programming tools.

• At a minimum, contractor and their personnel shall be familiar with the Automated Engineering Management System (AEMS) / Medical Equipment Reporting System (MERS) and able to utilize RFID technology.

• Comply with Veteran Affairs Medical Center (VAMC) badging, security, and access requirements.

The offeror is required to receive a Special Agreement Check (SAC).

B.3.4. SPECIFIC AND MANDATORY TASKS:

• Contractor will provide templated inventory data document that will be utilized to capture requested data during inventory to VISN Point of Contact (POC) for review and approval to assure this data fulfills the data requirements established during pre-planning efforts.

• Contractor will review initial data provided by the VISN POC at the start of each site’s inventory and notify them of any issues or concerns 72 working hours prior to beginning scheduled inventory.

• Contractor will gather inventory data accurately, comprehensively as previously agreed upon with VISN POC, and assist VA staff in reconciling this data daily so the Automated Engineering Management System (AEMS) /Medical Equipment Reporting System (MERS) database (data file provided to contractor prior to inventory start) can be updated throughout the performance of the contract.

• Contractor will perform a detailed, thorough, and comprehensive quality control analysis and final review of all data fields and equipment inventoried.

• Contractor will manage their contracting team’s activities to include, on-site inventory processes and escalate potential data collection, site access issues, and personnel conflicts to the VAMC Facility POC for timely resolution.

• Contractor will ensure “un-reconciled” equipment listings (Equipment "In Use" according to the AEMS/MERS electronic equipment database not found during Inventory) are appropriately disseminated to the VAMC Facility POC daily.

• Contractor will ensure that all designated locations/assigned areas have received a thorough inventory and confirm with VAMC Facility POC.

• Contractor shall review items inventoried to determine what equipment still needs to be found and will identify a plan with VAMC Facility POC to revisit identified locations so that missing equipment can be found and scanned.

• Contractor will review the inventory data results with VAMC Facility POC to ensure an overall understanding of the results that are generated.

• Conduct Onsite Inventory: The contractor shall conduct an onsite inventory, in accordance with Section B.2.5. Inventory Process, of all equipment listed as ‘In Scope” (Equipment with "In Use” status requiring inventory, items with CMR, IN USE, and Non-Expendable). The contractor shall not be responsible to inventory equipment listed as “Not in Scope” (Equipment with a use status of Lost, Stolen or Turned-In in the AEMS/MERS electronic Equipment Data).

• Documentation: The contractor shall document the inventories in accordance with section B.3.7.

and provide daily and final reporting as described in section B.3.8.

B.3.5. INVENTORY PROCESS:

• Facility inventories shall be conducted consecutively and with no more than 30 days between the completion of one facility and the start of another facility listed on each task order.

• Contractor shall be responsible for communicating and coordinating with the VAMC Facility POC to establish the inventory procedures for each building/area (i.e., timing & readiness).

• Scanning:

i. Contractor shall scan all VAMC equipment with the appropriate “EE” prefix tags that is identified throughout the designated locations.

ii. Contractor shall monitor required fields on the scanner for completion after scanning.

iii. Contractor shall monitor the equipment inventoried to ensure equipment scanned.

matches AEMS/MERS equipment data file provided by VISN POC at the start of each site’s inventory.

iv. A scan of all bar code labels utilizing RFID technology/bar code scanner includes the following tasks:

a. Scan and electronically record the unique ID on each equipment.

b. Capture equipment data for all equipment found without an EE tag.

c. Place a tag on the equipment designating it as inventoried for the Fiscal Year.

• Barcodes:

i. Items found with a barcode and in the system, should have all the pertinent and verifiable information below.

a. Pertinent equipment information includes the following:

1. EE (Equipment Entry) Number

2. Manufacturer

3. Manufacturer Equipment Name

4. Model Number

5. Serial Number

6. Equipment Category

7. Total Asset Value

8. CMR/Equipment Inventory Listing (EIL)

9. Use Status

10. Service

11. Physical Inventory Date

12. Location

ii. Items found without a bar code or found unreadable and/or illegible shall require Contractor to apply a generic bar code label, collect pertinent information regarding the equipment and communicate it to the VAMC Facility POC daily.

i. At minimum, pertinent equipment information includes the following:

1. Manufacturer

2. Manufacturer Equipment Name

3. Model Number

4. Serial Number

5. Physical Inventory Date

6. Location

• Tagging Equipment:

i. Once equipment has been inventoried, a single common color tag (size not to exceed ½ inch, excluding past colors identified by the VAMC Facility POC) shall be applied so visual verification can be known that the equipment was inventoried.

ii. Different color tags shall be used for those items that require VA staff attention.

• Contractor shall convert all scanned inventory data into their Contractor system daily to ensure there are no duplicate entries. Any anomalies in the data shall be noted and communicated in a timely manner to the VAMC Facility Point of Contact for purposes of re-verifying the information.

• Contractor will communicate with the VAMC Facility POC the areas that are inaccessible and/or unavailable due to patient care or other reasons beyond the control of the Contractor.

i. Contractor shall accommodate another revisit to these areas. Scheduling for access to these areas shall be coordinated with the VAMC Facility POC.

• VAMC Personnel will be assigned to accompany each of the Contractor’s inventory teams while they are on station conducting the Wall-to-Wall inventory.

• Inventory Limitations:

i. Equipment stored in cabinets, drawers, closets, or other areas where there is an expectation of privacy or security shall not be inventoried by the Contractor unless accompanied by a VAMC POC or designated contact.

ii. Equipment concealed from view or away from typical placement of operation shall not be inventoried by the Contractor.

iii. Contractor is not responsible for un-packaging equipment.

iv. Contractor is not responsible for disconnecting cables when maneuvering equipment to obtain Tag, Model or Serial Number data.

B.3.6. VA FACILITY SUPPORT:

• The Facility Point of Contact at each VAMC will provide inventory guidance and assist in the following functions:

i. Inform the facility VAMC employees of the inventory.

ii. Identify any unique circumstances requiring special attention during the inventory or prior to inventory commencement.

iii. Provide a sampling of Equipment Barcode Labels.

iv. Provide facility floor plans for all areas that are in the scope of the inventory at each location.

v. Ensure site access to locations requiring inventory.

vi. Review Daily and Final Deliverables, and contract results to ensure a clear understanding of the results that were generated.

B.3.7. DELIVERABLES

• The contractor shall deliver three requirements under this BPA.

i. Inventory: Inventory of AEMS/MERS and non-AEMS/MERS equipment in accordance with Section B.3.5.

ii. Daily Deliverables: Shall include the scanned inventory findings associated with each site electronically and be provided to the VAMC Point of Contact at the end of each day of the inventory.

iii. Final Deliverables: Shall include the scanned inventory findings associated with each site electronically and be provided to the VAMC POC within seven (7) business days after completion of the inventory.

• Contractor shall create the deliverables for the contract results in Microsoft EXCEL format for the above and following reports.

B.3.8. REPORTING

• The Contractor shall provide information in their daily and final deliverables pertaining to the fields listed in the below format:

i. Contractor scans of all equipment scanned by Contractor during the contract to include equipment not identified in AEMS/MERS database.

ii. Un-reconciled Equipment Details to show the VAMC entries not reconciled during the contract.

iii. Unreadable Tag Report equipment tags that could not be successfully scanned

iv. Equipment Not Matched by CMR/EIL

v. Equipment Not Matched by Equipment Category

vi. Equipment with Contractor Applied Tags

vii. Locations missing doorjamb labels.

viii. Scanned Equipment NOT in Scope

ix. Data Field & Match Type Definitions that includes codes and a glossary that explain how each individual equipment record was reconciled.

B.3.9. SERVICE

• Services shall be performed within 30 calendar days or within an agreed upon date of an issued Task Order against this BPA.

• The contractor shall provide telephone number(s) and a contact person to be used by the

VAMC.

• Technical Support: Provide technical support to assist in the clarification, interpretation, and explanation of findings for the duration of the contract.

• Contracted employees will comply with the Standards of Conduct on VA property outlined in title 38 CFR section 1.218 (See Attachment B).

• Hours of Operation:

i. The Contractor shall perform the services required under this contract during the normal business hours of the VAMC, excluding federal holidays. Business hours shall be determined by the time zone the VA facility is located within.

ii. The contractor will contact the VAMC Facility Point of Contact or his/her designee prior to commencing any work on VA premises.

Federal Holidays are:

New Year’s Day Martin Luther King Day Presidents Day

Memorial Day Juneteenth Independence Day

Labor Day Columbus Day Veterans Day

Thanksgiving Day Christmas Day

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 TBD and the Department of Veterans Affairs under the following terms and conditions incorporated in this BPA:

Primary Point of Contact: TBD

Alternate Point of Contact: TBD

SAM Entity ID (UEI):

Cognizant Office (Include complete address):

Network Contracting Office 20 (V4CONT)

1601 E. Fourth Plain Boulevard

B.6 PRICING DATA

1. The prices included on the BPA list (or applicable "discounted" rates submitted in a proposal response to an RFQ resulting in award) that are in effect on the effective date of an order shall govern that order's basic performance period. With regard to any option years, which are later exercised, the proposed option year rates as incorporated into the order award are in effect until such time, if applicable, that the contractor has been authorized a rate increase culminating from a negotiation with the Contracting Officer.

2. The BPA holder can voluntarily reduce offered prices at any time by giving 24-hour advance notice (by facsimile or electronic-mail) to the Department of Veterans Affairs/Contracting Officer. This BPA also allows for additional discounts if a "large order" is placed at one time. An advanced notice is not required for discounts offered for only an individual order. Whether an order is large enough to warrant such a discount is subject to the discretion of the BPA holder.

3. The BPA holder may also increase BPA prices at any time. Any BPA price increase shall not take effect until the Department of Veterans Affairs Contracting Officer receives written notification (U.S.

mail, facsimile, or electronic-mail). Any order already issued shall not be affected by any change to BPA pricing. The prices offered under this BPA will undergo annual review by the Department of Veterans Affairs Contracting Officer.

B.7 OPTION TO EXTEND THE TERM 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 5 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.

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 Performance Work Statement (PWS) 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 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.10 AUTHORIZED LIMITS

The Government estimates, but does not guarantee, that individual BPA Orders placed against this Agreement may reach $500,000.00/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 $2,500,000.00 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.11 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.12 PERIOD OF PERFORMANCE

This BPA expires on 11-20-2029 or such later ending date as determined by the exercise of any option.

B.13 AUTHORIZED INDIVIDUALS

Individuals Authorized to Place Orders:

DVA authorizes the following entities to place orders:

Network Contracting Office (NCO) 20 Contracting Officers

B.14 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.15 AUTHORIZED REPRESENTATIVES

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

Jennifer Robles

Network Contracting Office 20 (V4CONT)

1601 E. Fourth Plain Boulevard Building 17, Suite B428 Vancouver, WA 98661 jennifer.robles1@va.gov

The Primary Contracting Officer's Representative (COR) for projects under this Agreement is:

The Secondary Contracting Officer's Representative (COR) for projects under this Agreement is:

The Primary and/or Secondary COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR and the Contractor's Representative shall work together to ensure that all contractual requirements are being met. The COR will interpret specifications or technical portions of the work. The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government. Only a warranted Contracting Officer is authorized to obligate funds on this or any other contract action.

The contractor shall immediately notify the Contracting Officer in writing if the COR has taken an action (or fails to take action) or issues directions (written or oral) that the contractor considers to exceed the above limitations.

The contractor shall provide the Contracting Officer information copies of all correspondence to the

COR.

B.16 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 mailto:jennifer.robles1@va.gov

B.17 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 physical equipment inventory 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 physical equipment inventory services or any other supplies or services;

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

(d) preparation of documentation for future orders for physical equipment inventory services.

B.18 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.19 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.

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:

C.2 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

(a) Definition. for the Department of Veterans Affairs, ‘‘Service-disabled Veteran-owned small business concern or SDVOSB’’:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.201, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.

(2) The term ‘‘Service-disabled Veteran’’ means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term ‘‘small business concern owned and controlled by Veterans with service-connected disabilities’’ has the meaning given the term ‘‘small business concern owned and controlled by service-disabled veterans’’ under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)).

(5) The term “SDVOSB participant” or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see

13 CFR 128.102).

https://veterans.certify.sba.gov/

(b) General. In order for a concern to submit an offer and be eligible for the award of an SDVOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be listed as an SDVOSB participant in the SBA certification database as set forth in 13 CFR 128.

(1) Offers received from entities that are not certified SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a certified SDVOSB listed in the SBA certification database who is eligible at the time of submission of offer(s) and at the time of award.

(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only certified SDVOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible and certified SDVOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70.

(d) Agreement/LOS certification. When awarded a contract action, including orders under multipleaward contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size, and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting (LOS) requirements in 13 CFR 121.406(b) and 13 CFR 125.6. For the purpose of limitations on subcontracting, only certified SDVOSBs listed in the SBA certification database (including independent contractors) shall be considered eligible and/or ‘‘similarly situated’’ (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required LOS certification requirements in this solicitation (see 852.219–75 or 852.219–76 as applicable). These requirements are summarized as follows:

(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract…