VA791-18-R-0002-023.docx

VA791-18-R-0002 Section M

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.

DUNS:

DUNS+4:

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. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

VA791-18-R-0002

12-04-2017

KYLE SHAFFER

303-273-6222 12-22-2017

3:00PM MST

Department of Veterans Affairs Commodities & Services Acquisition Service (003B6E) Service (003B6E) 555 Corporate Circle Golden CO 80401-5621 X 334210 1000 Employees N/A X Department of Veterans Affairs Denver Logistics Center 555 Corporate Circle Golden CO 80401-5621 Department of Veterans Affairs Commodities & Services Acquisition Service (003B6E) Service (003B6E) 555 Corporate Circle Golden CO 80401-5621

See Attachment 1 – Tungsten Instructions X See CONTINUATION Page Questions regarding this solicitation are due by 12-15-2017.

TBD

STANDARD FORM 1449

X X x Kyle Shaffer Contracting Officer

Table of Contents

CONTINUATION PAGE

(i) This requirement is being solicited under VA791-18-R-0002 as a Request for Proposal (RFP)

(ii) A statement that the solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular A-133.

(iii) This procurement is being solicited unrestricted under NAIC 334210, the small business size standard is less than 1000 employees.

(iv) This procurement is for Assistive Listening Devices (ALDs). A complete list ALD product categories being acquired under this solicitation can be found in section B.2.

(v) Assistive Listening Devices (ALDs) are the products being procured, which are defined as a personal device that transmits, processes, or amplifies sound.

(vi) Deliveries are due 10 days from the receipt of the delivery order to Denver Logistics Center (DLC), 555 Corporate Circle, Golden CO 80401

(vii) The provision at 52.212-1, Instructions to Offerors (TAILORED) -- Commercial, and 52.212-1 addendum applies to this acquisition.

(viii) Evaluation will be conducted in accordance with 52-212-2 Evaluation -- Commercial Items and listed addendum will apply to this procurement. This procurement will be conducted on a Lowest Price Technically Acceptable basis.

(ix) Offerors must include 52.212-3, Offeror Representations and Certifications -- Commercial Items, with its offer. Additionally, offerors must complete additional certifications in Section E:

· FAR 52.203-2

· FAR 52.203-5

· FAR 52.209-7

· FAR 52.209-11

· FAR 52.209-5

(x) Clause 52.212-4 Contract Terms and Conditions -- Commercial Items and the 52.212-4 addendum, applies to this acquisition.

(xi) 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items, applies to this acquisition in addition to all listed FAR clauses.

(xii) Offers will be due on December 23, 2017 at 3:00pm MST.

(xiii) Proposals must remain valid for a minimum of 90 days after close solicitation close date, including any possible extensions.

(xiv) Point of Contact for this procurement is Steve Wilson at Steve.Wilson4@va.gov or Kyle Shaffer at Kyle.Shaffer@va.gov.

SECTION A

A.1 DEFINITIONS

Accessories: An optional part that may be fitted to the device to perform an additional function or enhance performance. Examples include bed shakers, neckloops, earphones, microphones (except where included in the minimum specifications), headphones (except where included in the minimum specifications), handheld booms, battery chargers (except where included in the minimum specifications), and printers.

Alerting Devices: Alerting devices include, but are not limited to, alarm systems, alarm clocks, doorbell alarms, and telephone signalers. These alerting devices use a signal that may be visual (a flashing light); auditory (an increase in amplification; or vibrotactile (a vibrating accessory). Auditory signals are sometimes used in conjunction with either visual or vibrotactile signals. A system with a flashing light may be coded to alert the individual to several different sound sources. For example, three slow flashes may mean the doorbell is ringing whereas two quick flashes may mean the smoke detector is sounding.

Assistive Listening Devices:

(1) Telephone Headset Amplifiers and Accessories: Devices include amplified handsets, in-line amplifiers that plug into the handset of a phone, and portable telephone amplifiers to be strapped to any phone receiver. These devices can be used with or without hearing aids.

(2) Television Systems: Devices include hardwired and wireless technology with infrared or FM transmissions. These devices can be used with or without hearing aids. Hearing aid accessories, such as neckloops and direct audio input (DAI), can be added to systems.

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. OFFEROR INFORMATION: Offerors must complete this section and include it in their respective offer.

Name of Offeror:

Physical Address:

Mailing Address (if different):

Offeror Web Site:

Phone Number:

Fax Number:

Unique Entity Identifier:

Taxpayer ID/ Employer ID:

Cage Code:

SAM Registration (circle as appropriate): YES NO SAM Registration Expiration Date:

Point of Contact Name:

Point of Contact Phone Number:

Point of Contact email address:

2. CONTRACT ADMINISTRATION: The Contractor shall contact the Contracting Officer on all matters pertaining to administration. Only the Contracting Officer is authorized to make commitments or issue changes that will affect the price, quantity, delivery or terms of the contract. The Contractor may designate a person to serve as the contract administrator for the contract. The contract administrator is responsible for overall compliance with contract terms and conditions. The Contractor’s designation of representatives to handle certain functions under this contract does not relieve the contract administrator of responsibility for contract compliance. Any changes to the designated individual must be provided to the Contracting Officer, in writing, with the effective date of the change. All contract administration matters will be handled by the following individuals:

E-mail:__________________

3. ORDERING INFORMATION

(a) The Denver Logistics Center (DLC) and the Commodities and Services Acquisition Service are the only entities with authority to place orders against the contract.

(b) Delivery Orders will include the description and product number contained in the contract. Delivery Orders may also reference delivery and invoicing instructions and any other special instructions within the terms of the contract.

(c) Offerors shall indicate below how they elect to receive orders.

[ ] Electronic Mail. Name, address, and telephone number and email address of the representative designated to receive orders sent by electronic mail..

[X] Facsimile transmission. Telephone number(s) and point of contact where orders should be forwarded. The Contractor must confirm receipt of delivery orders from VA DLC via e-mail or fax within two (2) business days.

Phone: _________________ Fax: ____________________

POC: _________________

4. ORDERING PROCEDURES

VA DLC purchase orders will be sent electronically or faxed to the Contractor. Upon receipt of the purchase order from the VA DLC, the Contractor shall fulfill the order and ship the items to the facility addressed on the VA DLC purchase order form.

5. CONTRACTOR REMITTANCE ADDRESS Network – See Attachment 1: All payments by the Government to the contractor will be made in accordance with:

[ ] 52.232-36, Payment by Third Party

6. INVOICE PROCEDURES

(a) Invoices submitted for payment shall be in accordance with FAR 52.212-4(g).

(b) Invoices shall be submitted in arrears as delivery orders are shipped or completed.

(c) Invoices must match any partial order(s) shipped.

(d) All invoices from the contractor shall be submitted electronically through the Tungsten Network – See Attachment 1.

7. PRODUCT DELIVERY

Product delivery is required within 10 business days of the contractor’s receipt of the order from VA DLC.

8. PUBLISHED CATALOGS AND CATALOG PICTURES

If available, the contractor will provide electronic images of items they are awarded no later than 10 calendar days after contract award. The electronic photo images will be inserted into the VA Denver Logistics Center Catalog, which is available online to all VA Medical Centers.

9. GUARANTEED MINIMUM

The guaranteed minimum amount for each contract will be calculated as 10 times the awarded unit price of the line items a Contractor received award for. If option periods are exercised, the contract will be deemed to be extended by the terms of the option but there will be no change to the stated guaranteed minimum. In other words, the guaranteed minimum does not apply to each contract year, but to the entire contract period. In the event that option years are not executed and/or the total amount of all orders placed against the contract does not meet or exceed the guaranteed minimum, the Government will pay (upon request) the difference between the amount ordered and the minimum guaranteed amount noted within the award(s). Request for payment of any amount due shall be submitted in writing to the Contracting Officer within 30 calendar days after the end of the contract period.

The guaranteed minimum does not apply if the contract is terminated for cause. (REF FAR 52.212-4(m)).

The guaranteed minimum amount of the contract is $ (TBD at Time of Award).

10. WARRANTY

Indicate on the price sheets (Attachment 2) the commercial warranty for items offered, if other than 1 year warranty.

B.2 STATEMENT OF CONTRACT REQUIREMENTS

1. BACKGROUND The Department of Veterans Affairs (VA) has identified Assistive Listening/Alerting Devices items for consolidated contracting through the Prosthetic Clinical Management Program. The purpose of consolidated contracting is to obtain quality products at the best available prices. The purpose of this effort is to provide the contracted items for Prosthetics and Sensory Aids Services at the VA Medical Centers (VAMCs) as a preferred source. The objectives are to ensure availability and consistency of products for nationwide usage and to obtain volume-based pricing.

2. SCOPE OF CONTRACT

(a) This solicitation will result in one or more fixed price, indefinite delivery indefinite quantity contracts for the maximum period of February 5, 2018, or date of award, whichever is later, through February 4, 2023. This includes a base year and four – one (1) year options to be exercised at the sole discretion of the Commodities and Services Acquisition Service. The Government may, but is not required to, make multiple awards per line item. The resultant contracts will provide the supply requirements for the Department of Veterans Affairs, f.o.b. destination. All orders will be placed by the VA Denver Logistics Center or the Commodities and Services Acquisition Service.

(b) Articles will be ordered from time to time in such quantities as needed to fill VA requirements. There is no express or implied guarantee that any quantities will be ordered regularly. The Government may place orders at quantities less than the estimated total quantity as stated in the schedule of items. Prices awarded will remain in effect for the contract period without an increase.

(c) Items supplied under the contract shall be commercially packaged in a manner which insures arrival at destination in a satisfactory condition (not damaged due to packaging failures during normal handling) for further redistribution to individual users.

(d) Estimated Contract period(s) of performance:

Base Year: Date of Award or February 5, 2018, through February 4, 2019

Option Year I: February 5, 2019 through February 4, 2020

Option Year II: February 5, 2020 through February 4, 2021

Option Year III: February 5, 2021 through February 4, 2022

Option Year IV: February 5, 2022 through February 4, 2023

3. CONTRACT CEILING AMOUNT: The maximum value of supplies that the Government may order during the contract performance period, including all options if exercised, will be determined at time of award. In the event of multiple awards, each contract will receive a ceiling amount appropriate to that contract.

4. TECHNOLOGY REFRESH AND EXCHANGE:

All devices offered shall be state-of-the-art technology. State-of-the-art is defined as the most recently designed components and products that are announced for marketing purposes, available, maintained and supported in accordance with requirement specified in the solicitation. Components and products with a manufacturer’s planned obsolescence are not acceptable.

In the event a manufacturer announces that contract products, devices and parts are to be upgraded, discontinued, or are discontinued, within the first year of contract award, or the first six months of any exercised option, the DLC shall have the following right under the contract with regard to items it has ordered from the contractor. The DLC, at its option, may exchange, at no cost to the DLC, the previously ordered products, devices and parts for the manufacturer’s upgraded items, as long as the price of the upgraded item is within 10% of the contract price (either higher or lower). If the price of the upgraded item is in excess of 10% above or below the contract price, a negotiation shall occur for the contractor and VA to agree on a fair and reasonable revised price. The exchange is limited to an amount of $15,000.00 in items purchased by the DLC during any contract year or option year and the items returned to the contractor must be unused and in their original commercial packaging.

If upgrades become available after award of this contract, the contractor may request that the upgraded items be substituted in the contract for the awarded items per paragraph (d) below.

The contractor shall provide the following information to the Contracting Officer:

1. A list of specific awarded items that the contractor proposes to update.

2. Product literature for the new item(s), a detailed description of the differences between the awarded item(s) and the new items(s) and a specific analysis of the comparative advantages and disadvantages of the new item(s).

3. A pricing proposal for the proposed substituted items.

If the Contracting Officer agrees to any substitution, a bilateral contract modification adding the upgraded items to the contract shall be required prior to any orders placed for the new item.

New technology products shall be available for a period of no less than 1 year.

B.3 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes FAR 52.219-4 Notice of Price Evaluation Preference for HubZone Small Business Concerns. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

B.4 SUBCONTRACTING COMMITMENTS--MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes VAAR 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, and VAAR 852.215-71, Evaluation Factor Commitments. Accordingly, any contract resulting from this solicitation will include these clauses. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) to assist in assessing contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the contractor's business records or other proprietary data to review such business records regarding contract compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor compliance with the subcontracting commitments.

B.5 SCHEDLE OF SUPPLIES

See Attachment 2 for Pricing Sheets for all categories/CLINS. A pricing sheet must be completed in its entirety, with all requested information fields in the form completed. These documents must be returned to the location specified along with any samples. Multiple items may be offered for each category however only one proposal per vendor is allowed.

01 Radio Frequency TV Amplification Devices (Stethoscope or Headphone Style) TV Amplification Device requirements are as follows:

· AC transmitter

· Adjustable volume/gain with at least 110 dB SPL output

· Rechargeable battery for receiver

· Compatibility with all TV types to include: LCD, LED, plasma, digital and analog

· Operation instructions

· RCA cable (or adapter)

· Installation guide

· Commercial warranty

· Integrated headphones or 3.5 mm audio output jack with headphones provided

· 100 foot transmission range

· A digital optical cable (or adapter) separately priced as an accessory

02 Infrared TV Amplification Devices (Stethoscope or Headphone Style) TV Amplification Device requirements are as follows:

· AC transmitter

· Adjustable volume/gain with at least 110 dB SPL output

· Rechargeable battery for receiver

· Compatibility with all TV types to include: LCD, LED, plasma, digital and analog

· Operation instructions

· RCA cable (or adapter)

· Installation guide

· Commercial 1 year warranty

· Integrated headphones or 3.5 mm audio output jack with headphones provided

· 40 foot transmission range

· A digital optical cable (or adapter) separately priced as an accessory

03 Moderate Gain (Minimum 26 to Maximum 45 dB SPL incoming sound amplification) Amplified Corded Telephones Energy Star Notice Your attention is directed to Section B, ALD Requirements, Section C, clause 52.223-15, Energy Efficiency in Energy-Consuming Products, Section D, Categories CAT 02 through CAT 05, and Section E, clause 52.212-2, Evaluation of Commercial Items. Telephones are included on the EPA Energy Star certified products list. The VA has determined that one or more telephones appearing on the EPA Energy Star list meet the requirements for this category of amplified telephones. As such, for this category only, (i.e. moderate-gain corded phone), those listed makes/models of moderate gain cordless phones that meet the requirements below are the only products the Government will be allowed to purchase under contracts resulting from this solicitation. Products not on the list cannot be considered. The list of Energy Star certified telephones can be accessed at:

http://www.energystar.gov/productfinder/product/certified-cordless-phones/results Moderate Gain (Minimum 26 to Maximum 45 dB) Amplified Telephones with the following required minimum features:

· Adjustable Output (Frequency/Tone) for Ringer

· Adjustable Volume/Gain

· Multiple signalers (Ex: Ringer and Flasher)

· Hearing Aid Compatible

· Operation Instructions

· Installation Guide

· Commercial Warranty

· External Speaker or Speaker Phone

· User volume reset

· Noise reduction strategies

· Feedback suppression

· In addition, the telephones must include a minimum of two (2) of the following features:

· Specialty buttons

· Bluetooth technology compatible with hearing aid streamers

· Answering Machine

· Caller ID 04 Power Gain (Minimum at least 45 dB incoming sound amplification) Amplified Corded Telephones Power Gain >45 dB Amplified Telephones with the following required minimum features:

· Adjustable Output (Frequency/Tone) for Ringer

· Adjustable Volume/Gain

· Multiple signalers (Ex: Ringer and Flasher)

· Hearing Aid Compatible

· Battery Backup for AC Powered Phones (Must power the amplifier)

· Operation Instructions

· Installation Guide

· Commercial Warranty

· External Speaker or Speaker Phone

· User volume reset

· Noise reduction strategies

· Feedback suppression

· In addition, the telephones must include a minimum of two (2) of the following features:

· Specialty buttons

· Bluetooth technology compatible with hearing aid streamers

· Answering machine

· Caller ID 05 Mild to Moderate Gain (Minimum 26 dB to a Maximum of 40 dB incoming sound amplification)) Amplified Cordless Telephones Mild to Moderate Gain (Minimum 26 to Maximum of 40 dB) Amplified Cordless Telephones with the following required minimum features:

· Adjustable Output (Frequency/Tone) for Ringer

· Adjustable Volume/Gain

· Multiple signalers (Ex: Ringer and Flasher)

· Hearing Aid Compatible

· Operation Instructions

· Installation Guide

· Commercial Warranty

· External Speaker or Speaker Phone with Adjustable Volume

· User volume reset

· Noise reduction strategies

· Feedback suppression

· 150 foot operating Range

· In addition, the telephones must include a minimum of two (2) of the following features:

· Specialty buttons

· Bluetooth technology compatible with hearing aid streamers

· Answering Machine

· Additional Headsets

· Caller ID

· Bluetooth compatibility

· Available additional handsets 06 Power Gain (>40 dB incoming sound amplification)) Amplified Cordless Telephones Power Gain (>40 dB) Amplified Cordless Telephones with the following required minimum features:

· Adjustable Output (Frequency/Tone) for Ringer

· Adjustable Volume/Gain

· Multiple signalers (Ex: Ringer and Flasher)

· Hearing Aid Compatible

· Battery Backup for AC Powered Phones (Must power the amplifier)

· Operation Instructions

· Installation Guide

· Commercial Warranty

· External Speaker or Speaker Phone with Adjustable Volume

· User volume reset

· Noise reduction strategies

· Feedback suppression

· 150 foot operating Range

· In addition, the telephones must include a minimum of two (2) of the following features:

· Specialty buttons

· Bluetooth technology compatible with hearing aid streamers

· Answering Machine

· Additional Headsets

· Caller ID

· Bluetooth compatibility

· Available additional handsets 07 Personal Amplifiers Personal Amplifiers with the following required minimum features:

· Minimum Output 105 dB SPL

· Minimum Gain 20 dB

· Distortion <2%

· Volume Control

· Input / Output Connectors (3.5mm jacks)

· Must include Headphones

· Battery Operated (If rechargeable, battery charger/charging base must be included)

· Operation Instructions

· Commercial Warranty

· Optional items that may be added include accessories for the TV and phone.

08 Signaling/Alerting System Residential signaling/alerting systems minimum requirements are, at a minimum, a tabletop/bedside receiver that includes an alarm clock, a compatible smoke detector, a compatible bed shaker and, a compatible doorbell transmitter. A compatible CO detector must be available. The smoke and CO alarms may be combined into a single unit. Signaling/Alerting systems minimum requirements are as follows:

Tabletop/Bedside Receiver:

· Visual Alert (flashing light)

· Vibrotactile Alert

· Alarm Clock

· Device can be battery powered or AC powered. If AC powered, device must plug into standard home wall outlet and include battery backup

· Commercial Warranty

Smoke Detector/Alarm/transmitter (whether separate or combined with CO detector/alarm):

· Smoke detector compliant with UL 1971 Standards

· Smoke detector compliant with National Fire Agency (NFPA) 72G requirement 2010 edition

· Visual Alarm

· Commercial Warranty

· Audible Alarm (amplified alarm that converts at T3 signal into a 520 Hz square wave is acceptable, if a T3 smoke detector is provided) Minimum Output 85 dB

· Device can be battery powered or AC powered. If AC powered, device must plug into standard home wall outlet and include battery backup

· Compatible with the offered receiver

Bed Shaker/Vibrotactile alert compatible with the offered receiver

Doorbell transmitter compatible with the offered receiver

CO Detector/Alarm/transmitter (whether separate or combined with smoke detector/alarm):

· Electrochemical sensor – carbon monoxide detector

· Audible Alarm - Minimum Output 85 dB

· Visual Alarm

· Device can be battery powered or AC powered. If AC powered, device must plug into standard home wall outlet and include battery backup

· Compatible with the offered receiver

General

· Installation guide

· Operation Instructions

· Commercial warranty

Optional - Additional (may be submitted as Accessories) receiver types and transmitters are not required but are desired and must be compatible with the offered receiver including:

· Phone

· Baby Cry Monitor Transmitter

· Motion Detector Transmitter

· Portable Receiver – Body Worn

· Sound

· Cell phone

· Weather alert

· SOS

· Bed Shaker (replacement)

· Doorbell Alarm (as replacement or different style)

· Smoke Detector/Alarm (replacement)

· CO Detector/Alarm (replacement)

· Portable Receiver 09 Alarm Clocks Alarm Clocks with the following required minimum features:

· Adjustable Volume/Tone

· AC power with battery back-up

· Battery backup must power audio, bed shaker and strobe

· Must be compatible with other assistive/alerting systems or stand-alone

· Contains a minimum of two (2) of the following alerting mechanisms:

· flashing light

· amplified alarm

· and/or vibrotactile signal

· Installation Guide

· Operation Instructions

· Commercial Warranty 10 Table-top Sound Generators for Tinnitus Requirements for Sound Generators are as follow:

· Table-top usage (Not ear level and cannot be programmed to function as a hearing aid)

· Adjustable volume control

· Power Supply/Charger included or Battery Operated

· Noise Generation

· Minimum of 6 selectable sounds (must include white noise broadband signal)

· Tinnitus sound generating

· Auxiliary Jack

· Battery Back-up/ Rechargeable Device

· Installation Guide

· Operations Instructions

· Commercial Warranty

· Must include a minimum of four of the following features:

· LCD screen

· Adjustable backlight

· Remote control

· Continuous play

· Timer options

· Alarm clock

· Bluetooth enabled

· User-installable, downloadable Sounds

· Pause/Resume button

· Pillow Speakers Optional accessory

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN 2017)

(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 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 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

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

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

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

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

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

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on…