FSS-65-II-A - Translogic Corp. - V797D50470

DEPARTMENT OF VETERANS AFFAIRS

Federal Supply Service Authorized Federal Supply Schedule Price List

On-line access to contract ordering information, terms and conditions, up-to-date pricing, and the option to create an electronic delivery order are available through GSA Advantage!™, a menu-driven database system. The INTERNET address for GSA Advantage!™ is GSAAdvantage.gov Medical Equipment and Supplies

FSC Group 65, Part II, Section A

FSC Classes: 6515 Contract Number: V797D – 50470 Modification/ Supplement Number: P00002 Contract Period: December 15, 2015 to December 14, 2020 ( For more information on ordering from Federal Supply Schedules, enter the following address into your web browser: http://gsa.gov/portal/category/100623 )

TRANSLOGIC CORPORATION

10825 E 47th Avenue

Denver, CO 80239-2913

Phone #: 303-373-7916 Fax: 303-576-3256 http://www.swisslog.com/healthcare Contact for Contract Administration: Madison Mestres

Email: Madison.mestres@swisslog.com Business Size: Large “Prices Shown Herein are Net (discount deducted)” Customer Information:

1a. List of awarded special item number(s):

SIN: [A-92] ……………………………….. Page [4]

SIN: [A-94] …………………………………. Page [4]

SIN: [A-200] …………………………………. Page [4]

1b. Identification of the lowest priced model number and lowest unit price for that model for each special item number awarded in the contract. This price is the Government price based on a unit of one, exclusive of any quantity/dollar volume, prompt payment, or any other concession affecting price. Those contracts that have unit prices based on the geographic location of the customer, should show the range of the lowest price, and cite the areas to which the prices apply: See Below.

1c. If the Contractor is proposing hourly rates, a description of all corresponding commercial job titles, experience, functional responsibility and education for those types of employees or subcontractors who will perform services shall be provided. If hourly rates are not applicable, indicate “Not applicable” for this item: Not Applicable

2. Maximum order: $450,000 for one system (SIN A-92 & A-94)

3. Minimum order: None

4. Geographic coverage (delivery area): All 50 states and District of Columbia

5. Point(s) of production (city, county, and State or foreign country):

[Anywhere, Denver, CO]

6. Prices shown herein are Net (discount deducted)

7. Quantity Discounts: None

8. Prompt Payment Terms: 1% - 20, Net 30 days

9a. Notification that Government purchase cards are accepted at or below the micro-purchase threshold:

[Accepted at and below the micro-purchase threshold, with maximum amount of $10,000] 9b. Notification whether Government purchase cards are accepted or not accepted above the micro-purchase threshold: Accepted above the micro-purchase threshold

10. Foreign items (list items by country of origin): [Not Applicable] 11a. Time of delivery: All orders are custom built (6 months-2 years) 11b. Expedited delivery: All orders are custom built (6 months-2 years) – N/A 11c. Overnight and 2-day delivery: Not available. All orders are custom built (6 months-2 years).

11d. Urgent requirements: All orders are custom built (6 months-2 years). – N/A

12. FOB Point(s): F.O.B. Destination to all 48 states and the District of Columbia;

Point of Exportation to AK, HI, & PR 13a. Ordering address(es): See below

13b. Ordering Procedures: For supplies and services, the ordering procedures, information on Blanket Purchase Agreements (BPA’s) are found in Federal Acquisition Regulation (FAR) 8.405-3

14. Payment address(es):

TRANSLOGIC CORPORATION

10825 E 47th Avenue

Denver, CO 80239-2913

Phone #: 303-373-7916

Fax: 303-576-3256

15. Warranty provision:

Reference Warranty Policy below – Warranty policy RFP-797-FSS-99-0025-R9 attached Returned Goods Policy:

Translogic added the following language to their terms and conditions:

“Once a purchase Order has been received for a Medication Management System Product and Swisslog has received the authorization to begin the build of the customized Product, of the Government elects to cancel the order, the Government will be responsible for all associated costs that have been expended on the build of the Product to date.

If the Government elects to cancel a Purchase Order prior to the start of the build of the Product, the Government must notify Translogic Corporation within 45 days of the issuance of the Purchase Order. Due to the nature of the Products, Translogic Corporation will not award any credits for payments received once the build of the Product has begun. One hundred percent (100%) credit will be issued on all Translogic Corporation Products that have been cancelled prior to any expenditures associated with the build of the Products.”

16. Export packing charges, if applicable: Not Applicable

17. Terms and conditions of Government purchase card acceptance (any thresholds above the micro-purchase level): Accepted above the micro-purchase threshold

18. Terms and conditions of rental, maintenance, and repair (if applicable): Not Applicable

19. Terms and conditions of installation (if applicable): Installation costs are included in the price’s proposed.

20. Terms and conditions of repair parts indicating date of parts price lists and any discounts from list prices (if applicable): Not Applicable 20a. Terms and conditions for any other services (if applicable): Not Applicable

21. List of service and distribution points (if applicable): Anywhere, Cook County, IL

22. List of participating dealers (if applicable): Not Applicable

23. Preventive Maintenance (if applicable): Hourly rate of Z$150. The amount of labor, timeframe for completion, and all other service related terms and conditions will be negotiated at the ordering facility level.

24a. Special attributes such as environmental attributes (e.g., recycled content, energy efficiency, and/or reduced pollutants): Not Applicable 24b. If applicable, indicate that Section 508 compliance information is available on Electronic and Information Technology (EIT) supplies and services and show where full details can be found (e.g., contractor’s website or other location). The EIT standards can be found at www.Section508.gov/ : Not Applicable

25. Data Universal Number System (DUNS) number: 10-255-2015

26. Notification regarding registration in System for Award Management (SAM) database: Yes, registered FSS Contract Products and Pricing

Warranty Policy – RFP-797-FSS-99-0025-R9

Warranty. THE WARRANTIES SET FORTH HEREIN ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WHICH ARE HEREBY DISCLAIMED AND EXCLUDED BY SWISSLOG, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SWISSLOG SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DELAY BY SWISSLOG IN FURNISHING EQUIPMENT AND SERVICES OR ANY OTHER PERFORMANCE UNDER OR PURSUANT TO THIS AGREEMENT. CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF ANY AND ALL WARRANTIES AND FOR SWISSLOG’S LIABILITY OF ANY KIND (INCLUDING LIABILITY FOR NEGLIGENCE) UNDER THIS AGREEMENT SHALL BE LIMITED TO THE REFUNDING OF THE CUSTOMER’S MAINTENANCE FEE SET FORTH IN THE SCOPE OF WORK. IN NO EVENT SHALL SWISSLOG BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES, EVEN IF SWISSLOG SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. SWISSLOG’S TOTAL LIABILITY UNDER THIS AGREEMENT FOR ANY REASON SHALL NOT EXCEED THE TOTAL AMOUNT RECEIVED BY SWISSLOG FROM CUSTOMER UNDER THIS AGREEMENT.

Software Warranty. Notwithstanding anything else in this Agreement to the Contrary, Swisslog hereby warrants to Client that Swisslog is the owner of the Software and the Documentation or has the right to grant to Client the license to use the Software and Documentation in the manner and for the purposes set forth in this Agreement without violating any rights of a third party. THE WARRANTIES SET FORTH IN THIS SECTION, ARE IN LIEU OF, AND THIS AGREEMENT EXPRESSLY EXCLUDES, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, (a) ANY WARRANTY THAT THE SOFTWARE IS ERROR FREE, WILL OPERATE WITHOUT INTERRUPTION, OR IS COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS; (b) ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY; AND (c) ANY AND ALL WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. UNLESS OTHERWISE EXPRESSLY AGREED BY THE PARTIES IN WRITING, CLIENT DOES NOT WARRANT OR MAKE ANYREPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR THE DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SWISSLOG AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, SWISSLOG ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SWISSLOG BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE. In no event shall Swisslog’s total liability for all or any damages exceed the amount of the License Fee. No action arising out of or in connection with this Agreement or the transactions contemplated by the Agreement may be brought by either party against the other more than 180 days after the action accrues.

Warranties/Representations:

In addition to the terms provided in any other Section of this Agreement, Swisslog represents, warrants, and covenants as follows:

Hardware Warranty. That all Hardware will function, perform and conform in accordance with the terms of Swisslog’s then current documentation, specifications, and the Appendices attached to this Agreement. Swisslog’s sole obligation to Client shall be limited to the repair or replacement, at Swisslog’s option, of defective Products, provided that written notice of failure is received by Swisslog within one (1) year after date of installation and Acceptance, the Products have been operated in accordance with Swisslog’s written instructions provided to Client, and Swisslog determines such defects are not due to abuse, carelessness, fire or decomposition by chemical or galvanic action, or to normal wear or tear. THE FOREGOING REMEDIES ARE EXCLUSIVE. SWISSLOG MAKES NO OTHER EXPRESS WARRANTY AND THIS EXPRESS WARRANTY IS IN LIEU OF AND EXCLUDES AND DISCLAIMS ALL OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS OF THE PRODUCTS FOR ANY PARTICULAR PURPOSES EVEN IF SUCH PURPOSES ARE KNOWN TO SWISSLOG. Further, Swisslog assumes no responsibility for any repairs or modifications made to the Products unless completed by Swisslog’s authorized personnel or with written authorization from Swisslog.

Exceptions to Warranty. Swisslog’s warranty of any Product is of no effect if (i) the Products are not stored or handled in accordance with the Documentation, (ii) the defect of the Product resulted from damages occurring after delivery and prior to Final Acceptance of the Product, (iii) the defect of the Product has not been reported to Swisslog within thirty days after its occurrence, (iv) the Client fails to agree to a service and support agreement with Swisslog (iv) the Client uses consumables that are not provided directly by Swisslog or (vi) the defect should have been discovered by Client prior to Final Acceptance and the Client did not notify Swisslog of any such defect. Client must promptly notify Swisslog of any warranty claim or such claim shall be null and void. Upon receipt of a claim report, Swisslog must either ask Client for a sample of the defective Product or schedule an inspection of the defective Product.

Revised September 2012

[Translogic Corporation, 303-373-7916, www.swisslog.com/healthcare]