SECTION B - CONTINUATION OF SF 1449 BLOCKS - Veterans …



TC "SECTION A" \l 1TC "A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS" \l 2PAGE 1 OF1. REQUISITION NO. 2. CONTRACT NO.3. AWARD/EFFECTIVE DATE4. ORDER NO.5. SOLICITATION NUMBER6. SOLICITATION ISSUE DATEa. NAMEb. TELEPHONE NO. (No Collect Calls)8. OFFER DUE DATE/LOCALTIME9. ISSUED BYCODE10. THIS ACQUISITION IS UNRESTRICTED ORSET ASIDE: % FOR:SMALL BUSINESSHUBZONE SMALLBUSINESSSERVICE-DISABLEDVETERAN-OWNEDSMALL BUSINESSWOMEN-OWNED SMALL BUSINESS(WOSB) ELIGIBLE UNDER THE WOMEN-OWNEDSMALL BUSINESS PROGRAMEDWOSB8(A)NAICS:SIZE STANDARD:11. DELIVERY FOR FOB DESTINA-TION UNLESS BLOCK ISMARKEDSEE SCHEDULE12. DISCOUNT TERMS 13a. THIS CONTRACT IS A RATED ORDER UNDERDPAS (15 CFR 700)13b. RATING14. METHOD OF SOLICITATIONRFQIFBRFP15. DELIVER TO CODE16. ADMINISTERED BYCODE17a. CONTRACTOR/OFFERORCODEFACILITY CODE18a. PAYMENT WILL BE MADE BYCODETELEPHONE NO.DUNS:DUNS+4:PHONE:FAX:17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKEDSEE ADDENDUM19.20.21.22.23.24.ITEM NO.SCHEDULE OF SUPPLIES/SERVICESQUANTITYUNITUNIT PRICEAMOUNT(Use Reverse and/or Attach Additional Sheets as Necessary)25. ACCOUNTING AND APPROPRIATION DATA26. 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. ADDENDAAREARE NOT ATTACHED.27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDAAREARE NOT ATTACHED28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFERCOPIES 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 SPECIFIEDSET FORTH HEREIN IS ACCEPTED AS TO ITEMS:30a. SIGNATURE OF OFFEROR/CONTRACTOR31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)30c. DATE SIGNED31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)31c. DATE SIGNEDAUTHORIZED FOR LOCAL REPRODUCTION(REV. 2/2012)PREVIOUS EDITION IS NOT USABLEPrescribed by GSA - FAR (48 CFR) 53.2127. FOR SOLICITATIONINFORMATION CALL:STANDARD FORM 1449OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS73VA69D-17-Q-1474Daniel Rasmussen414-844-480409-18-20173:00pm CST36C252Department of Veterans AffairsGreat Lakes Acquisition Center (GLAC)115 S 84th Street, Suite 101 WI 53214-1476X0339112150 EmployeesN/AX36C252See continuation pages 36C252Department of Veterans AffairsGreat Lakes Acquisition Center (GLAC)115 S 84th Street, Suite 101Milwaukee WI 53214-1476 Department of Veterans AffairsFinancial Services CenterPO Box 149971Austin TX 78714-9971877-353-9791512-460-5540Brand Name ONLY CareFusion (BD)Automated Medication Dispensing SystemSee continuation pages.XX1Daniel RasmussenTable of Contents TOC \o &quot;1-4&quot; \f \h \z \u \x SECTION A PAGEREF _Toc492924482 \h 1A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS PAGEREF _Toc492924483 \h 1SECTION B - CONTINUATION OF SF 1449 BLOCKS PAGEREF _Toc492924484 \h 4B.1 CONTRACT ADMINISTRATION DATA PAGEREF _Toc492924485 \h 4B.2 SCOPE OF WORK PAGEREF _Toc492924487 \h 5B.3 PRICE/COST SCHEDULE PAGEREF _Toc492924488 \h 32ITEM INFORMATION PAGEREF _Toc492924489 \h 32B.4 DELIVERY SCHEDULE PAGEREF _Toc492924490 \h 39SECTION C - CONTRACT CLAUSES PAGEREF _Toc492924491 \h 40C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN 2017) PAGEREF _Toc492924492 \h 40C.2 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014) PAGEREF _Toc492924493 \h 46C.3 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (MAY 2011) PAGEREF _Toc492924494 \h 46C.4 52.227-14 RIGHTS IN DATA—GENERAL (MAY 2014) PAGEREF _Toc492924495 \h 47C.5 52.227-17 RIGHTS IN DATA—SPECIAL WORKS (DEC 2007) PAGEREF _Toc492924496 \h 51C.6 52.227-19 COMMERCIAL COMPUTER SOFTWARE LICENSE (DEC 2007) PAGEREF _Toc492924497 \h 53C.7 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997) PAGEREF _Toc492924498 \h 54C.8 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) PAGEREF _Toc492924499 \h 54C.9 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008) PAGEREF _Toc492924500 \h 55C.10 VAAR 852.203-71 DISPLAY OF DEPARTMENT OF VETERAN AFFAIRS HOTLINE POSTER (DEC 1992) PAGEREF _Toc492924501 \h 55C.11 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) PAGEREF _Toc492924502 \h 55C.12 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984) PAGEREF _Toc492924503 \h 56C.13 VAAR 852.246-70 GUARANTEE (JAN 2008) PAGEREF _Toc492924504 \h 56C.14 VAAR 852.246-71 INSPECTION (JAN 2008) PAGEREF _Toc492924505 \h 57C.15 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2017) PAGEREF _Toc492924506 \h 57SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS PAGEREF _Toc492924507 \h 65SECTION E - SOLICITATION PROVISIONS PAGEREF _Toc492924508 \h 66E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JAN 2017) PAGEREF _Toc492924509 \h 66E.2 52.209-5 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION)(MAR 2012) PAGEREF _Toc492924510 \h 70E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) PAGEREF _Toc492924511 \h 70E.4 52.216-1 TYPE OF CONTRACT (APR 1984) PAGEREF _Toc492924512 \h 71E.5 52.233-2 SERVICE OF PROTEST (SEP 2006) PAGEREF _Toc492924513 \h 72E.6 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008) PAGEREF _Toc492924514 \h 72E.7 VAAR 852.273-74 AWARD WITHOUT EXCHANGES (JAN 2003) PAGEREF _Toc492924515 \h 73SECTION B - CONTINUATION OF SF 1449 BLOCKS B.1 CONTRACT ADMINISTRATION DATA (Continuation from Standard Form 1449, block 18A.) 1. Contract Administration: All contract administration matters will be handled by the following individuals: a. CONTRACTOR: ______________________________________? ?(Contractor’s Name) ______________________________________?? (Address)????????????????????????????????????? ??????? ______________________________________?? (City-State-Zip)???????????????????????????????????????????????______________________________________?? (Point of Contact/Title) PHONE NUMBER ______________________________________?????? FAX NUMBER ??????????? ______________________________________?????? E-MAIL ADDRESS???????______________________________________?????? DUNS NUMBER NO.?? ______________________________________ b. GOVERNMENT: Daniel Rasmussen, Contracting OfficerDEPARTMENT OF VETERANS AFFAIRSGREAT LAKES ACQUISITION CENTER115 S. 84TH ST., STE 100MILWAUKEE WI 53214Daniel.rasmussen@414-844-4804 2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with: 52.232-33, Payment by Electronic Funds Transfer-- System for Award Management (Jul. 2013) 3. INVOICES: Invoices shall be submitted in arrears in accordance with: 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) b. UPON ACCEPTANCE OF ITEMS 4. GOVERNMENT INVOICE ADDRESS: All invoices from the contractor shall be submitted electronically in accordance with 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012)FACSIMILE, E-MAIL, AND SCANNED DOCUMENTS ARE NOT ACCEPTABLE FORMS OF SUBMISSION FOR PAYMENT REQUESTS.?For assistance setting up e-Invoice, the below information is provided:*?Tungsten Network e-Invoice Setup Information: 1-877-489-6135 *?Tungsten Network e-Invoice email: VA.Registration@ <;? *?FSC e-Invoice Contact Information: 1-877-353-9791 *?FSC e-invoice email: vafsccshd@ <;? Vendors can inquire on the status of payments by accessing VIS at: NOTES:This BRAND NAME ONLY CareFusion (BD) Request for Quote (RFQ) solicitation is issued under the authority of FAR Part 12 Acquisition of Commercial Items and FAR Part 13 Simplified Acquisition Procedures.The applicable security Background Investigation level is NACI. Security information details can be found in the scope of work.BASIS OF AWARD:Award will be made to the lowest priced technically acceptable offer.CONTRACT ADMINISTRATION: The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitment or issue changes that will affect price, quantity or quality of performance of this contract. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred thereof.B.2 SCOPE OF WORKPoints of Contact:Daniel Rasmussen – Contracting Officer 414-844-4804 Daniel.Rasmussen@Tammy Adler (Facility Primary) Tamara.Adler@Berook Addisu (Facility Secondary) Berook.Addisu@Nursing Pharmacy Integrated Medication SystemScope of Work: The MVAH (Madison VA Hospital), clinics, procedural areas, OR, ED, infusion clinic, and CBOC’s (Community Based Outpatient Clinics) would like to purchase an automated dispensing system for medications; this includes central pharmacy carousel and unit dose packager; central pharmacy inventory software, central pharmacy secure vault for narcotics, pharmacy dispensing cabinets, software updates when available.Background:The MVAH/CBOC’s currently uses a very limited number of automated dispensing cabinets to dispense limited narcotics and some medications to the hospital and clinic areas, the remaining areas use manual processes. Clinic Based Outpatient Care (CBOC) sites do not use automated dispensing equipment at this time. The areas that do not have automation require manual counting, delivery and stocking of all medications into non-automated cabinets. The current manual system is inefficient and does not facilitate the accuracy required or the reporting mechanisms needed to improve the process. The current system does not provide a closed loop of information on the flow of medications through the process. Medications need to be tracked from the first step (procurement) through the last step (administration) in order to validate that medications are utilized appropriately. Without the ability to track this flow of medications it is not possible to effectively manage medication shortages or recalls by ensuring safe and adequate inventory is available for those areas that require it. There is a not a diversion identification process capable of actively identifying issues with the current system. The purpose of this procurement is to obtain a system to enhance the communication between Pharmacy and Nursing, while providing improved medication tracking and the necessary technology for inventory and medications. Madison VAMC requires a contractor to serve as a systems integrator who shall provide a working fully integrated pharmacy operations and communication system. The contract shall include the provision of all system hardware and software components, systems interface requirements and education required for implementation. The vendor shall install and integrate the system into the existing Madison VAMC Pharmacy system. The enhanced pharmacy nursing integration system shall occupy the identified facility footprint, integrate with current operations software, and minimize changes/additions to the current hardware and support equipment. Central Pharmacy and Carousel – C1143The system shall provide a platform that supports cart fill, cart-less, and hybrid models of medication distribution, allowing all of these drug delivery systems to funnel in to the Automated Dispensing Cabinets while providing a closed-loop inventory management system: a single medication management process that tracks all medications, including controlled substances and legend drugs, and provides a complete audit trail to help identify and quickly resolve issues. The carousel software shall provide instant messaging to and from the Automated Dispensing Cabinets for replenishment and order acknowledgement. The contractor shall be required to supply a stand- alone software program to manage the distribution, storage and re-ordering of the outpatient controlled substances within the pharmacy vault. Additionally, the contractor shall be required to supply a stand- alone software program to manage the distribution, storage and re-ordering of medications within central pharmacy. The carousel software will have the capability to enforce and schedule cycle counts to ensure medication inventory accuracy remains intact.Packager for Central Pharmacy – C1143Medication packaging and barcode technology will be able to provide high speed unit or multi-unit dose packaging for oral medications in tablets or capsules. Packager contains free standing bins that bulk bottles can be poured into, the amount desired to be packaged is packaged, and the remaining amount of medication can be put back into the bulk bottle.Our free shape packaging (FSP) lets pharmacy freely pour medications into a chamber and easily unit dose package them.Automated Dispensing Cabinets (ADC)The automated dispensing cabinets shall provide a no-nurse-count, single dose dispensing solution for controlled substances. Automated Dispensing Cabinets shall allow the caregiver to select multiple items to be dispensed at one time. Automated Dispensing Cabinets shall allow access using fingerprint technology (Bio ID) and also provide access by both user name and password. Bio ID functionality shall allow the users fingerprint to be changed at the Automated Dispensing Cabinet (ADC) without system administrator involvement. Dispensing cabinet should have pockets within drawers that can be easily changed to meet change in storage needs: changes in drug i.e. the pocket sizes can be changed that does not require a change to the drawer. The ADC system shall have a remote locking device for refrigerated medications. ADC system shall have visual guidance for the nurse, clinician, or pharmacy technician during dispense, restock, waste and return processes. ADC software shall allow the caregiver to control dispensing, waste, remotely via the patients profile from an approved computer, either in a nursing unit or workstation on wheels. Must have the ability to stock individually locked pockets in the pharmacy and transport a locked pocket to a cabinet and that pocket has the ability to be inserted in any locked drawer. Locations:BLDG 6clinicRoom 107EDclinicD1351DENTALclinicA5030EYEclinicA5018CLINIC AclinicA1041CLINIC BclinicD1303ACLINIC CclinicD1260CLINIC DclinicA3033CLINIC E/FclinicD6255CLINIC G/WOMENS clinicD3214INFUSION CLINICclinicD1285ENTclinicD3240FREEPORTclinicRN stationBEAVER DAMclinicRN stationBARABOOclinicRoom 136JANESVILLEclinicRoom 127ROCKFORD AclinicRoom 240ROCKFORD BclinicRoom 178WEST AclinicRN stationWEST BclinicRN station2BinpatientB21274A-1inpatientA40064A-2inpatienthallway4B-1inpatienthallway4B-2inpatienthallway7B-1inpatientB70797B-2inpatienthallwayCLC HOSPICEinpatientRN stationCLC-1 REHABinpatientB1557A/RN stationCLC-2 TRANSinpatientRN stationCCUinpatientB8089SICUinpatientB8067GI-PROCEDUREproceduralA60036AproceduralMed roomCVL1proceduralC4159CVL2proceduralC4156ECHOproceduralC4150GI-1proceduralA6042GI-2proceduralA6045GI-3proceduralUnder constructionGI-4proceduralUnder constructionIRproceduralDG242RADIOLOGYproceduralDG236MRI-1proceduralDG245MRI-2proceduralUnder constructionCT-1proceduralDG237CT-2proceduralDG241ORproceduralD7219PACUproceduralA7031PREOPproceduralA7013NUCLEAR MED/CARDSproceduralA4042PrinterAll automated dispensing cabinets and shall have the ability to include a printer that will print a patient specific medication at the cabinet. The patient specific medication label should be customizable to allow for removal of patient identifiers determined to be confidential such as social security number or identification of the dispensing provider.Software/Hardware Capabilities and ServicesThe server software shall be capable of creating schedulable reports that can run automatically. The analytic software should be able to analyze at least 5 years of data for the inventory system. The server shall provide 90 days of cabinet/server data.The Nursing Pharmacy medication integration system must have the capability to have a medication surveillance, medication reconciliation, and medication adherence software. These must operate as part of the same nursing pharmacy medication integration infrastructure.Description of Supplies or Services ObjectivesThe Contractor shall:Furnish all supervision, labor and equipment necessary to provide for an updated automated dispensing system. The dispensing system shall monitor and control usage, user authorizations, inventory tracking, and shall improve the timeliness of delivering first-dose medications and reduce missing dose requests by the nursing staff.Provide standard and customized medication monitoring and surveillance reporting capabilities, including medication dispensing records, medication dispensing discrepancies, procurement and inventory management, and medication wastage.Ability to flag high-alert, look alike and sound-alike medications and patients with the same last name.Provide for full system Security and Patient Confidentiality functions.Provide Up-to date software upgrades included with maintenance support.Provide toll-free 24/7 software and hardware technical phone support for each location identified. The MVAH has determined that a 24 hour or less response time is reasonable when the need for on-site software and hardware technical support is necessary for the Madison Health Care System, 2500 Overlook Terrace, Madison, WI 53705. The MVAH has also determined that a 24 hour or less response time is reasonable when the need for on-site software and hardware technical support is necessary for the CBOC locations as defined below;CBOC Freeport 1301 Kiwanis Drive, Freeport, IL 61032CBOC Beaver Dam 215 Corporate Drive Suite B, Beaver Dam, WI 53916CBOC Rockford, 816 Featherstone Road, Rockford, IL 61107CBOC Janesville, 2419 Morse Street, Janesville, WI 53545CBOC Baraboo, 1670 South Blvd, Baraboo,WI 53913CBOC Madison West, 1 Science Court, Madison, WI 53711The server/client relationship will allow for remote access to clients from the main server site to complete software updates and system maintenance. The location of the main server shall be Madison. The list of the server sites would be the CBOC’s as listed above. Provide on-site training sessions for all system end-users, super-users and system administrators before, during, and after installation. For the purposes of this solicitation the on-site training is defined as the CBOC’s listed above as well as the main Madison VAH location 2500 Overlook Terrace Madison, WI 53715. ADC system shall meet different levels of medication security based on Madison Health Systems policy, Drug Enforcement Agency (DEA) rules and regulations, and outside agencies’ accreditation standards, such as locking bins, and single dose dispensing.Provide medication documentation capabilities. The system shall show the end-users all the administered medication, due medication and discontinued medication on the screen.Provide management reporting capabilities for medications including controlled substance surveillance reports, comprehensive usage reports for stock replenishment, drug monitoring and usage trend purposes.Provide comprehensive software and hardware technical support/maintenance contract options.Provide comprehensive system warranty.Technical Requirements necessary to meet objectives and provide for the best patient care practice.The contractor shall provide a system that will:SYSTEM DESIGN AND PERFORMANCE The Automated Dispensing System (ADS) shall provide the ability to track medications through the various processes of procurement, packaging and preparation, checking, delivery, dispensing, administration, and provide a method to review and analyze all transactions and documentation involved. The ADS shall provide a web client application with customizable end user interfaces for both nursing and pharmacy. The “views” shall allow a clear line of real time communication and documentation for all medication orders listed in the patients profile and IV administration package. The Madison VAMC shall require the replacement to include:Installation that will have minimal impact on the current Madison VAMC Pharmacy system. Replacement of any equipment involved with the Pharmacy Nursing Integration system. It shall be designed to allow for disassembly and reassembly as a fully functional system to accommodate future production floor modifications. Fully integrate with MVAH/CBOC’s order management/inventory control software and support medication tracking interface.Support reordering from multiple suppliers to increase efficiency and reduce waste.Maintain a perpetual inventory utilizing barcode medication administration and verification.Signal an alert, visual and/or audible, when any operational programs malfunction or disengage. System must be able to support existing Madison VAHC dispense request ADT, Medication Order/Profile, Medication usage VISTA interfaces via VAPADE.The customizable system shall: Allow for the pharmacy staff to make bidirectional comments or take actions on specific orders that will be visible to pharmacy or nursing as specified by the view criteria.Alert method must be customizable and at a minimum include on screen visual notification, Communication software must meet information security standards to allow for transmission of PII and PHI for internal communications and email/text communication must contain a non-PII/PHI identifier or hyperlink to identify patient of record.Allow pharmacists to filter and sort the columns of the view(s) by patient, location, order status, facility treatment specialty and custom patient lists defined by user.Include the following data:ADT – current and historical patient movement for current admissionADT – Outpatient visit, appointment and encounter transactionsInpatient Orders – orders for all statusPendingHeld (tagged for follow up)Verified Expired DiscontinuedDatabase must contain all orders but profiled by master filter / sort for that current session or user profile. Implement some kind of allergy check and alert down the road. Build in pending order alertsRecord of doses dispensed and statusRecord of communication regarding that orderAlerts Alerts for pending orders that are based on time of day.? These should be set by an administrator.? Additional alerts that are user controlled for pending orders. (examples below):? STAT – use pop up message on PC similar to our Temp Trak pop-up warnings + below and have option for messaging alerts Now – some type of alert in Connect that gets user attention and application will flash if minimized + below Routine – minimized Connect application will flash + belowInformation alert – the record (order, tag, etc) flashes.Unit dose and IV dispense status MedicationAdministration Routeschedule typeschedule/frequency rateinstructionsstatusnext due Storage Location StatusDelivery Status PendingPharmacist has verified…Verified but not filled if it needs to be sent up from pharmacyAvailable from Automated Dispensing Cabinet (ADC)Missing dose requested (disregard a missing dose request for orders with active tag below) Dispense-Related Tag Status: Pharmacy out of stock, Order Clarification? (not other tags) Filled but not dispensed/checked by pharmacistDispensed (pharmacist has checked the filled drug) but has not left pharmacy yet Enroute/in- transit but not delivered yetLocation where delivered either drawer or physical location [either a med room or a Med room fridge] or ADC) date time of last ‘where’s it at’ transaction,Real time IV volume status and Alaris Guardrails Alerts (customized)Filter and sort by IV refill timesDisplay date/time of printed labels and admin start timesInclude both inpatient and clinic ordersClinic Medication Orders & Dispense StatusAppointment/Clinic order and dose requirements for a time period.Nursing and Pharmacy on demand messages and related alertsPatient DemographicsPatient NamePatient IdentifierIntegrated Control Number (ICN)Room/Bed (for inpatient)Facility Treating Specialty (hospitalist team)Ward or ClinicCount of Pending OrdersCount of active ordersCount of tagged ordersFilter and Sort by start date, stop date, next due date, urgency (Stat, once, now, routine), schedule type (Fill on Request vs. Continuous, On-Call, One Time, PRN) and drug name.To the extent possible, replacement parts shall be commercially available. Vendor specific replacement parts shall be readily available within 24 hours.Reporting capabilities:Generate schedulable reports to run automatically.Automatically send reports to multiple users’ email.Send system and cabinet malfunctions to email Provide instantaneous server to cabinet communications via Microsoft’s MSMQ or other system.Provide unlimited server access and application access to allow complete server access from any networked PC in the hospital or remote off site locations, eliminating the need for any additional hardware at each workstation.Provide data management via SQL data systems.Provide standard reports with a easy to use custom report writer all accessing a SQL database Provide a full suite of products including Central Pharmacy Automation, Automated Dispensing Cabinet (ADC), IV compounding solution including gravimetric technology, infusion pump technology, and Remote Queuing. Provide carousel software with instant messaging to the ADC for replenishment and order acknowledgement.Provide automated software that runs off the main Pharmacy server that shall allow nurses to access the cabinets remotely via the Patient’s Profile from an ADC. This application shall be integrated to ADCs and any networked workstation. This software application shall allow for the nurse to document wastes remotely; generate issue; view the patient profile remotely via any workstation. With ADC software it will allow a nurse to queue up their medications remotely from any work station to provide quick access to medications upon arrival at the ADC as well as queue meds from central pharmacy. Provide ADC with single dose dispensing feature which shall allow the nurse to select one or multiple items to be dispensed at one time from a secure dispensing drawer. Each dose shall be dispensed individually and recorded automatically requiring no count back at time of issue or at end of shift.Provide ADC with integrated Bar Code scanning technologies that allow the user to scan during the dispense, return, and restock process. Provide ADC system with robust Dispensing Alerts. Provide ADC with ability to manage remote items from the ADC. Provide ADC software with ability to manage serial number, lot number, tracking, case card and kit options. Provide full system software upgrades as they become available included with leasing costs. EQUIPMENT AND SUPPLIES TO BE FURNISHED BY THE CONTRACTOR Dispensing cabinets and software shall be designed and installed to: Accurately store and dispense unit dose medication. Be provided in sufficient quantity to allow for replacement and repair.Provide easy access for regular, preventative, and corrective maintenance and repair.Contractor shall provide all equipment and controls associated with the on-line production and labeling conveyor systems, including but not limited to: Equipment and/or education to validate dispensing cabinet functionality Scanning devices (wired or wireless depending on function) Printers (compatible with our labels and label format) Supplies and consumables not currently furnished by the VA required for testing. SYSTEM FUNCTION AND INTEGRATION 1. Software system shall: a. Provide end user interface that will meet minimum specificationsb. Provide customizable filters and sorts for viewer display of orders, patients and patient movements.c. Utilize a web client user interface that is installed on a local VA server behind a defined medical device VLAN that is compatible with local PC’s, laptops and BCE mobile devices.d. Utilize secure messaging procedures and/or non-PII identifiers within all communication message text.e. Provide ability for nurses to “queue” batches of medications that are due to the automated dispensing cabinet to allow nurse to remotely batch medication withdrawal actions.f. Support medication tracking by use of barcode scanners, user input and/or RFID technology.g. Provide ability to identify IV medications that are due for refill and to receive alerts of identified Alaris IV Pump alerts.h. Accept and send messages to other devices to generate notifications to indicate IV products that are ready for pharmacist review.i. Write IV pump actions to BCMA actions for a specific IV order via the wireless network.2. Data capture and reporting functionality shall: a. Store and maintain all operation events data in existing relational database system that can be queried in real time by personnel without degradation of performance using: i.. Automated report generators provided by the contractor ii. Custom reports specified or created by personnel b. Store in the existing operation events table to capture all events in a manner that allows real time: i. Tracking of an order, prescription, or product (using a unique label instance) through the dispensing process and associated statuses for the purpose of system or software troubleshooting and error investigation. ii. All messages sent and received by all users.c. Include in the existing operation events table, events relative to: i. Exceptions processing ii. Return to stock generation and utilization through replenishment d. Log with each operation event data including but not limited to:i. Date-time stamp ii. Operator iii. Product name and location iv. NDC scanned or expected, ID, quantity when applicable v. Type of transaction or event vi. Order number vii. Track all transaction types and steps in the process by both medication and specific usere. Allow flexibility in generating ad hoc reports, in real time, to print, export, or save through a report generator application using a dashboard format with selectable filters and data ranges as specified by personnel. f. Provide pertinent real time dispensing activity data in a format to be used to monitor system efficiency based on production location including but not limited to product name, ID, zone and location. g. Provide pertinent real time production data in a format to be used to monitor system and operator performance including but not limited to: date/time range, orders filled, product dispensed, IV Medication orders labeled. h. Provide the ability to document waste of expired or other products as a central component of the workflow software with customizable “reason” for waste lists.PRESCRIPTION ACCURACYTo ensure prescription accuracy and patient safety, the ADS shall be required to: 1. Provide and track in real time medication order actions. 2. Provide real time event logging and data capture of events.3.Capture inventory costs, and supports reporting capabilities Installation/Support: 1. Progress Meetings and Progress Reports a. The contractor shall attend weekly progress meetings to brief Government personnel on the progress of design, installation and integration of the PDS. The contractor shall be responsible for providing briefing notes after each meeting. Meeting location will be determined by VA. b. The contractor shall submit to the VA Contracting Officer, written bi-weekly progress reports. Each report shall include information as to 1) percentage of the work completed by phase and trade, 2) a statement as to expected completion and system go-live (operational) date; and 4) general remarks on such items as material shortages, strikes, weather, etc. 2. Materials and installation: a. Installation shall be accomplished with minimal impact on current workflow throughput. b. All installed equipment shall meet OSHA requirements, including but not limited to identifying all pinch points, electrical hazards, and personal protective equipment (PPE) requirements. c. All materials shall be FDA compliant where contact with dispensed product exists. d. All wiring shall meet or exceed NEC standards. e. All structures and platforms shall meet or exceed applicable UBC requirements. f. Contractor is responsible for acquiring any licenses, permits or inspections required by governing authorities in conjunction with the installation of their equipment. g. Contractor shall be responsible for all aspects of demolition, removal and disposal of existing equipment/conveyance. MVAH will identify and determine which removed equipment parts, if any, to keep prior to disposal by contractor. h. Contractor shall be responsible for rigging and special handling costs, if required, to move the equipment from the dock area to the installation site. i. Contractor shall be responsible for providing an on-site dumpster as well as removing the dumpster after job completion if needed. j. Contractor shall be responsible for all aspects of delivery and installation k. Demolition, removal and installation shall be scheduled with minimal impact to current VAMC system throughput and minimize interference with ancillary processes.l. All items for consideration must conform to current standards, to include but not limited to, OSHA, local/state and federal codes, National Fire Protection Association codes, Underwriters Laboratories (UL) 544 and 1950, Medical Device Amendments of 1976, and Safe Medical Device Amendments of 1998. m. Contractor shall provide surge protection and battery back-up systems to protect all electronics, computers, readers, canisters, etc. 3. Documentation Provide to Pharmacy and/or Biomedical Engineer (COR) all engineering documentation, includingbut not limited to, mechanical drawings, electrical/wiring diagrams, and support system layouts. a. All documentation shall be delivered to the VA in the English language and with unlimited rights as defined by FAR 52.227-14. b. Provide to Pharmacy and/or Biomedical Engineer two (2) operational/service (technical maintenance) manuals (one may be in electronic format, provided the ability to read this format exists at the customer facility separate from the installed system) for the overall system and any component subsystems as necessary (components that will require troubleshooting and maintenance by personnel). Sections of these manuals shall include, but not limited to: i. Equipment nomenclature and technical specifications ii. General description iii. Installation instructions iv. Operating instructions, including a separate basic user guide and help screens in all user software v. Maintenance (both preventive and corrective, special tools, troubleshooting, and testing/calibration) vi. Replacement parts list and recommended source vii. Drawings viii. Copy of PLC code with documentation ix. Tool to program dispensers d. All required documentation, annotated above in paragraphs 2.a. and 2.b., shall be provided to the Contracting Officer’s Representative (COR) prior to the time of acceptance. 4. Logistics: a. Contractor shall supply a list of spare parts (prior to the time of acceptance) to include: i. Master list of all parts ii. Recommended list of high failure components to stock for repairs iii. List of long lead time order parts iv. Recommended list of on hand spares b. All equipment and peripherals shall be “state of the art” technology. “State of the art” is defined as the most recently designed components that are announced for marketing purposes, available, maintained and supported in accordance with mandatory requirements specified in the scope of work. Components and products with a manufacturer’s planned obsolescence within the first year of contract award are not acceptable. 5. Training: a. Contractor shall provide initial on-site training on the use of the equipment being installed to take place at the site of installation (CBOCS, Madison VAMC, Madison West Clinic) for operators, supervisors, engineers, and IT.b. Contractor shall provide on-site training for maintenance personnel to include standard preventive maintenance, routine adjustments to maintain proper operation, and adjustments and actions in the event of failure that will not jeopardize the guarantee.c. Contractor shall provide continuing training and system upgrade training to the system during the guarantee period. 6. Maintenance: a. Contractor shall provide a list of required Preventive Maintenance items and specify requirements for each item, to include but not limited to, list of required parts/tools/test equipment, detailed instructions to complete the PM, minimum number of technicians and man-hours required to complete the PM, and periodicity. The written documentation shall be received prior to acceptance. b. Contractor shall provide guidance in writing and as part of the on-site training delineating what corrective maintenance is reasonable for on-site maintenance personnel to complete and what items need to be repaired by contractor specified technicians. Any maintenance activities that would invalidate the guarantee shall be identified in the maintenance documentation provided. c. All written documentation described above in paragraphs 5.a., 5.b., and 5.c. shall be received prior to acceptance. 7. Warranty a. The contractor shall provide a 1 year warranty providing the system(s) operational and available for use 99% of the operational time. Warranty period will begin at final system acceptance.b. Technical Assist on-site support shall be provided by the contractor within twenty-four (24) hours in the event of a failure that cannot be corrected by maintenance personnel during initial warranty period.c. The contractor shall supply technical “Helpdesk” support to maintenance personnel 24 hours per day, 7 days per week for the initial warranty period. TESTING AND ACCEPTANCE 1. General Requirements a. The contractor shall provide a phased testing program that is designed to fully evaluate the PDS performance and demonstrate that the system meets the requirements of this Statement of Work. b. Each phase of testing shall consist of evaluations designed for the PDS and tailored to its unique integration into the Madison VAMC Pharmacy automated production system. Each phase of testing shall be mutually performed and evaluated by the contractor and the government. VA will approve or disapprove each element of phased testing. 2. System Design and Performance. The contractor shall validate, verify, and test the UDA and demonstrate that each element conforms to the requirements within the Statement of Work. These elements include but are not limited to the following: a. The system shall successfully interface with the existing automated production system database structure including order acknowledgement and return completed dispensing data. b. The workflow process shall detail throughput and performance requirements for all subsystems. c. The contractor shall provide dimensioned prints that show system footprint and how the PDS incorporates all applicable aspects of work flow. 3. Technical Quality. The contractor shall validate, verify, and test the PDS and demonstrate that each technical element conforms to requirements. The contractor shall provide: a. Detail that outlines how the system meets patient safety requirements, including system data integrity checks, prevention of cross contamination of products, product storage, and prevention of spillage of contents before, during, or after filling b. Other system safeguards such as operator and system tracking logs, locking mechanisms, and verification systems 5. Operations and Maintenance. The contractor shall validate, verify, and demonstrate that each operation and maintenance element conforms to requirements within the Statement of Work. The contractor shall provide: a. A detailed operation and maintenance plan that includes details about infrastructure safety and security, construction requirements, and other needs to assure the PDS performance. b. System repair and maintenance procedures including the availability of replacement parts and the provision of emergency repair services is provided in a detailed plan. c. “State of the art’ technology is assured prior to system acceptance. d. All deliverable documentation including parts, electrical schematics, detailed drawings, and all items necessary to describe all system components and subcomponents is provided. 6. Phased Acceptance Testing a. First Phase – Functional Testing i. The contractor shall determine that the PDS physical installation and connectivity and wiring specifications meets requirements; that basic functional operation of subsystem is sound and meets required specifications; and subsystem quality assurance functionality is sound. ii. The contractor shall complete basic operational testing with VA provided procedures and pharmaceuticals. The contractor may simultaneously perform functional testing on subsystems and sub-components may be undertaken simultaneously. iii. The VA will acknowledge successful sub-component and sub-system testing using a pass/fail methodology. If a sub-system or sub-component fails testing, the contractor shall modify or replace components as needed to repeat testing until successful. iv. The VA shall acknowledge all subsystem and sub-component functional testing prior to the contractor proceeding to Integration Testing. b. Second Phase – Integration Testing i. The contractor shall test each subsystem to ensure that it is integrated and functioning with the system as a whole. The contractor shall also demonstrate internal controlling devices, programmable logic controls, and other inter-system communication and connectivity is in working order. ii. The contractor shall perform operational testing using simulated VA patient data through the automated production system software package. The contractor shall test all subsystem and sub-components individually, together, and simultaneously. The VA will acknowledge successful testing using a pass/fail methodology. iii. If at any time a subsystem, sub-component, or any connectivity between subsystems or sub-components fails, even after initial government acknowledgement of successful testing, the VA will revoke the successful testing acknowledgement. iv. The contractor shall repair, or replace and retest components. The VA will acknowledge successful re-testing using a pass/fail methodology. v. The VA shall acknowledge all sub-system and sub-component connectively and integration testing prior to the contractor proceeding to Certification and Accreditation Testing. c. Third Phase – Certification and Accreditation Testing i. The VA shall certify and accredit (C&A) all installed systems and subsystems accordance with Federal Information Systems Management Act (FISMA) requirements. ii. The contractor shall repair, replace, and test all subsystem, subcomponent, or connectivity between subsystems or sub-components that fail C&A. the VA will acknowledge successful testing iii. The VA shall acknowledge all subsystem and sub-component connectivity and integration testing prior to the contractor proceeding Limited Stress Testing. d. Fourth Phase – Limited Stress Testing i. The VA shall evaluate the integration of all PDS’s subsystems in a progressively expanding manner, while operating under an interim authority waiting the granting of a C&A, using discrete packets of live patient order data.ii. During the stress testing phase the PDS will not be relied upon for the pharmacy to meet ongoing workload demands. However, due to the need to test the system with actual patient data and actual product, discrete packets of live orders will be used for testing purposes. iii. The VA will use distinct packets of live patient order data with successively larger loads to test the full integration and functionality of all subsystems, sub-components, and connectivity between all PDSs, automated production system database structure, data servers, and other components necessary for the complete functionality of the PDS.iv. Due to the expense of actual pharmaceuticals used for testing, the VA will provide licensed pharmacists to verify that live patient orders are correctly filled so they can be dispensed to patients. v. If at any time a subsystem, sub-component, or any connectivity between subsystems or sub-components fails, even after initial VA acknowledgement of successful testing, the VA shall deem the subsystem, sub-component, or connectivity between subsystems or sub-components as not operating to specifications. The VA will revoke successful testing acknowledgement. vi. The contractor shall repair, replace and retest the subsystem, subcomponent, or connectivity between subsystems or sub-components. The VA will acknowledge successful retesting. The VA shall acknowledge all subsystem and sub-component connectivity integration testing prior to the contractor proceeding to Large Scale Stress Testing. e. Fifth Phase – Large Scale Stress Testing i. The VA shall expand stress testing to a point for the PDS throughput rate testing, while operating under an interim authority waiting the granting of a C&A, large discrete batches of live patient prescription order data will be provided in a quantity sufficient to fully test all PDS subsystems for sustained operation at current maximum achievable throughput. ii. As with Fourth Phase – Limited Stress Testing, live product will be dispensed to patients. While each discrete test uses live data with product dispensed to individual patients, each stress test, regardless of the number of prescriptions filled, is not part of day-to-day operational activities of the pharmacy and dispensing of product does not indicate conditional acceptance of the PDS. iii. If at any time a subsystem, sub-component, or any connectivity between subsystems or sub-components fails, even after initial VA acknowledgement of successful testing, the VA shall deem the subsystem, sub-component, or connectivity between subsystems or sub-components as not operating to specifications. The VA will revoke the systems successful testing acknowledgement. iv. The contractor shall repair, replace and retest the subsystem, subcomponent, or connectivity between subsystems or sub-components. The VA will acknowledge all subsystem and sub-component, and connectivity between subsystems and sub-component integration testing prior to the PDS acceptance by the VA. v. Fifth Phase – Stress Testing will be completed when there are five (5) sustained consecutive five (5) day runs that demonstrate that the required PDS minimum throughput rate as defined in the Statement of Work over the time frame specified. CONFIDENTIALITY AND NONDISCLOSURE It is agreed that: 1. The preliminary and final deliverables and all associated working papers, application source code, and other material deemed relevant by the VA which has been generated by the contractor in the performance of this contract are the exclusive property of the U.S. Government and shall be submitted to the CO at acceptance. 2. The CO will be the sole authorized official to release verbally or in writing, any data, the draft deliverables, the final deliverables, or any other written or printed materials pertaining to this contract. No information shall be released by the contractor. Any request for information relating to this contract presented to the contractor shall be submitted to the CO for response. 3. Press releases, marketing material or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the CO. Information System Security 1. The contractor shall ensure adequate LAN/Internet, data, information, and system security in accordance with VA standard operating procedures and standard contract language, conditions laws, and regulations. The contractor’s firewall and web server shall meet or exceed the government minimum requirements for security. All government data shall be protected behind an approved firewall. Any security violations or attempted violations shall be reported to the VA project manager and VA Information Security Officer as soon as possible. The contractor shall follow all applicable VA policies and procedures governing information security, especially those that pertain to certification accreditation. a. Security Training All contractor employees and subcontractors under this contract or order are required to complete the VA's on-line Security Awareness Training Course and the Privacy Awareness Training Course. The Privacy Awareness Training requirement may be fulfilled under additional privacy awareness training options, based on the prerogative of the Contracting Officer. Contractors must provide signed certifications of completion to the CO prior to on-site installation. Signed certifications of completions are also required for contractor employees that have remote electronic access to the system. This requirement is in addition to any other training that may be required of the contractor and subcontractor(s).b. Equipment Contractor supplied equipment; PCs of all types, equipment with hard drives, etc. for contract services must meet all security requirements that apply to Government Furnished Equipment (GFE) and Government Owned Equipment (GOE) as identified in VA Policy. If non-VA owned equipment must be utilized, a waiver must be in place. VA Approved Encryption Software must be installed on all laptops before placed into operation, b) Bluetooth equipped devices are prohibited within the VA; Bluetooth must be permanently disabled or removed from the device, c) Equipment must meet all sanitization requirements and procedures before disposed of, d) All remote systems (VAGFE and OE) must be equipped with, and use, VA Approved Antivirus Software and a personal (host-based or enclave based) firewall that is configured with a VA Approved Configuration. The COR, CO, the Project Manager, and the ISO must be notified and verify all security requirements have been adhered to. 2. Contractor Personnel SecurityAll contractor employees who require access to the Department of Veterans Affairs' computer systems shall be the subject of a NACI background investigation and must receive a favorable adjudication from the VA Security and Investigations Center (07C). This requirement is applicable to all subcontractor personnel requiring the same access. If the security clearance investigation is not completed prior to the start date of the contract, the employee may work on the contract while the security clearance is being processed, but the contractor will be responsible for the actions of those individuals they provide to perform work for the VA. a. Background Investigation level is NACIThe position sensitivity for this effort has been designated as high risk system and the level of background investigation is a high level agency investigation. BACKGROUND INVESTIGATION PROCEDURES - BI Level NACI(a) In accordance with VA Handbook 6500.6 Contract Security, VA Handbook 0710 VA Personnel Suitability and Security Program, and VA Directive 0710, the Department of Veterans Affairs has implemented new procedures to obtain background security investigations for all contracted personnel. (b) All contractor employees are subject to the same level of investigation as VA employees who have access to VA Sensitive Information. The position sensitivity for this effort has been designated as High Risk and the level of background investigation is a Background Investigation (BI). This requirement is applicable to all subcontractor personnel requiring the same access. The risk level designations for public trust positions and the corresponding background investigation levels, as defined in VA Directive 0710, are: Public Trust Risk Level Designation Background Investigation Level High Risk Background Investigation (high public trust: e.g., access to mission critical data or patients) (BI). Moderate Risk Minimum Background Investigation (moderate levels of public trust: e.g., access to facilities or sensitive data) (MBI) Low Risk National Agency Check with Written Inquiries (NACI) STEP ONE: Complete Background Investigation Request Worksheet: Within five business days of contract award, the contractor shall submit a completed Background Investigation Request Worksheet (Form #1) that lists all contractor employees who will be working on the subject contract to the Contracting Officers Representative (COR) or Contracting Officer via password protected or encrypted e-mail. Please note: due to the personal information contained in the Background Investigation Request Worksheet, the information must be sent in a secure manner. Please do NOT e-mail a document containing social security numbers unless the e-mail is encrypted. If a contractor employee has a background investigation from another federal agency, it may be reciprocated as long as the background investigation meets the appropriate level designated in the current statement of work and has occurred within the last five years with a favorable adjudication and no break in service. Please be aware that any public trust case that is older than two years and does not have a favorable adjudication cannot be reciprocated unless it was a no issue case. The Contracting Officer will coordinate with the VA Security and Investigations Center (SIC) staff to verify reciprocity. If the contractor employee receives the automated e-mail from the VA SIC CRD and believes he/she may be eligible for reciprocity, please contact the VA SIC using the contact information in the e-mail. Reciprocity is NOT automatic. If a background investigation can be reciprocated, the VA SIC will send an e-mail notification to the contractor. 2. STEP TWO: Complete Fingerprint Verification Memorandum: ALL contractor employees are required to be fingerprinted within 14 calendar days of contract award, except for those who received an e-mail from the VA SIC confirming reciprocity. Courtesy electronic fingerprints can be obtained at some VA facilities. Please contact the Contracting Officer’s Representative (COR) to schedule a fingerprinting appointment at a VA facility as soon as possible. Each contractor employee shall take a copy of the Fingerprint Verification Memorandum (Form #2) to the fingerprinting appointment and complete it. Completed forms shall be provided to the Contracting Officer with their submission of required documents in Step 3. 3. STEP THREE: Complete and Submit Background Investigation Documents: Upon receipt of the Background Investigation Request Worksheet (see Step One), each contractor employee must complete and submit the required documents to the Contracting Officer within 15 business days. The following documents are to be completed by each contractor employee and submitted to the COR: 1) VA Form 710 2) Fingerprint Verification (If a Contractor submits Electronic Fingerprints then they only forward a completed Fingerprint Verification memo. HOWEVER, if Contractors do not have access to an Electronic Fingerprint Facility, they must use the FD-258 Fingerprint Card, which is then "mailed" to the Security and Investigations Center.) Forms may be obtained at Within five business days of receiving the Background Investigation Request Worksheet and required documents listed above, the COR or Contracting Officer will enter a background investigation request into the VA Security Investigation Center (SIC) Contractor Request Database (CRD) for each contractor employee. When the request is entered, an automated “initial” e-mail is sent to the contractor point of contact listed on the Background Investigation Request Worksheet. The automated e-mail identifies the background investigation level requested and provides a website link with further instructions. The contractor personnel are to follow the instructions to complete their background investigation. Once completed, the contractor personnel shall provide the COR with the following documents within 3 calendar days: 1) E-QIP Certification Page 2) E-QIP Release of Information Please Note: As contract personnel are added to the contract or order, the Background Investigation Request Worksheet must be updated and submitted to the Contracting Officer so that a background investigation can be initiated. The additional contract employee cannot start work until all security The VA SIC reviews the documents within seven business days for completion and accuracy. If the documents do not contain any errors, the VA SIC forwards them to the Office of Personnel Management (OPM) to conduct the background investigation. If the documents contain errors, the VA SIC will return them to contractor with corrective instructions. The corrections must be made immediately and sent back to the VA SIC. Once the documents are completed correctly and VA SIC forwards them to OPM, an automated e-mail is sent to the contractor point of contact stating that the background investigation has been initiated. On the 20th day, if the VA SIC has not received a completed package, the Contractor POC will receive an e-mail notification that the request is still pending and has not been initiated. On the 40th day, if the VA SIC has not received a completed package, the Contractor POC will receive an email stating that the request has been terminated and the contract employee must be replaced due to non-compliance with security requirements and a new background investigation request will need to be submitted. 4. STEP FOUR: Complete Required Training and Sign Contractor Rules of Behavior: All contractor employees shall complete the training indicated in the solicitation. The contractor shall provide copies of training certificates and signed Contractor Rules of Behavior for each employee within five business days of reciprocation or receiving notice of initiated background investigation and favorable SAC adjudication contractor and annually thereafter to the COR. In order to obtain access to the VA training via the VA’s Learning Management System (LMS), please contact the COR. Office of Personnel Management sends the results of the background investigation to the Contracting Officer who will inform the Contractor POC of the outcome. The contractor, when notified of an unfavorable determination by the Government, shall withdraw the employee from consideration from working under the contract. The contractor primarily utilizes personnel that have already been cleared for sensitive data access for onsite and remote (VPN) access to the VA systems. The contractor shall initiate the process of clearing all other individuals that require access to these systems (e.g. new employees that have not yet been cleared). Under no circumstances will any individual that has been denied this clearance be allowed to work on VA Systems, whether on site or by VPN. Contracted staff members that will have access to the VA Systems (directly or by VPN) will participate in the required online continuing education security awareness courses. U.S. law requires companies to employ only individuals who may legally work in the United States – either U.S. citizens, or foreign citizens who have the necessary authorization. This contract requires contractor personnel to read, write, speak, and understand the English language, unless otherwise specified in this contract or agreed to by the Government. Failure to comply with the contractor personnel security requirements may result in termination of the contract for default. Contractor shall present the following items as part of the bid package:Provide Project Manager (PM) for whole project to be on site (MVAH Health Care System) and/or an appointed designee during installation period. The PM is a point of accountability to obtain status and mitigate any issue during DO phase.Provide a MS Project Document to show:Key employees and tasks to be completed.The supply chain path to show arrival of parts and task completion dates.Small Business Plan outlining the use and incorporation of sub-contractors a) Shall show management POCs PMs or sit supervisor who will manage work for sub-contractorMission statement and objectives.Price/Cost Schedule: The items on the Price/Cost Schedule with respect to quantity can be changed by the prospective bidder to complete/fulfill the requirements for total equipment or items needed to meet customers’ requirements as per the SOW and per room specification sheets. The contractor shall assume all responsibility for items and quantities submitted on their own bid packages with respect to this procurement action. Any proposed variations to the solicitation schedule quantities shall be clearly identified in a prospective vendor proposal.Automated medication dispensing system supporting decentralized medication management. BRAND NAME ONLY CareFusion (BD).Medication automated dispensing cabinets (ADC) and medication management system Requirements:-Shall provide inpatient medical/surgical floors with full cabinet dispensing stations with a total width no greater than 80" and 28" depth that also allows for a half-height refrigerator at each dispensing station within the space (to allow for identical/mirrored dispensing stations)-Shall have multiple configurable lidded pocket sizes increasing secure storage capacity of all medications - including larger medications and IV solutions while maintaining dispensing efficiency for users.-Pockets shall be allowed to be reconfigured in a drawer by the customer without vendor support.-Must have the ability to restrict access to only one medication at a time during the remove and refill process.-The main unit of the ADC shall contain locked & covered drawers which have a capacity of at least 60 different types of medications.-Shall have the flexibility to reconfigure secure storage spaces to accommodate changing medication requirements within minutes and at no additional cost to the customer.-Shall have simple, reliable, flexible medication storage drawers that are small enough to efficiently dispense drugs in smaller increment strengths and dosages for greater control and safety.-Will allow a nurse to queue medications or document medication waste from patient room or any computer workstation via a fully web-accessible system.-Shall print patient dose-specific label for med removed from ADC as configured by Pharmacy.-Shall locate medications not available at current station to support rapid medication access and timely administration of therapy.-Shall support dispensing of items consisting of multiple medications or components.-Shall allow removal of a partial dose from a multi-dose container, minimizing waste and associated costs.-Shall allow reallocation of medications between stations to support availability and reduce waste.-System Shall identify least removed medications at ADC to optimize inventory.-Shall have an Integrated medication label printer. -Shall be able to provide single-dose dispensing of controlled substance medications.-Shall have biometric identification technology that allows scanning fingerprints in multiple planes.-Shall have the capability to have a combination Pharmacy/supply system that is run off the same server and interfaces.-Controlled substance vault shall expect and track inventory that is returned from the ADC.- Shall be able to reconcile controlled substances dispensed to ADCs.- System shall have controlled substance waste process and options at the ADC and away from the ADC.- System shall proactively warn the nurse that he/she has unaccounted for waste when the nurse logs into the system-Nurse shall be able to waste a medication at an ADC location different than where they dispensed the medication-The drug information on the cabinets shall have the ability to be printed on network printers -Shall provide barcode scan verification of every dose leaving the Pharmacy that can be barcoded-System shall be capable of managing 100% of medications, utilizing patient specific bins-Cabinet shall have the ability to extract and update patient information from hospital information systems on a real-time basis-Shall have the ability to turn patient profile functionality on or off for each ADC -Shall have multiple drawer configurations with the following capacities:a) Refrigerated product dispensingb) Controlled substance dispensing, waste and returnc) Single-use dispensing, tamper-free drawers-Cabinet shall have the ability to automatically log the user off after a user-defined period of time.-If a bin fails or jams, it should not affect the function of the other bins. -Shall provide override features for the patient profile globally and per drug.-Shall store bulk items on shelves and items in secure pharmacy bins in the same cabinet footprint-Cabinet shall have the ability to obtain several different medications at the same time from a single drawer location-ADC shall be able to store returned medications without an external return bin-System shall identify medications that have expired-Shall track any medication removal that varies from the ordered dose and undocumented waste outstanding-System shall be able to inventory control medications that have been accessed since the prior inventory count-Medication out of stock and critical low monitoring shall be available via a web based application-Shall print to a network printer from both the server and ADC station- System shall allow users to use a touch screen, keyboard and touchpad for navigation - System shall inform user when removing a medication greater or less than the ordered quantity- Brand and generic medication names shall be available on the system- System shall match and report on medication dispense and administration times- Shall support Internet Protocol Security (IPsec) encryption- The system shall support 100–240 V, 50–60 Hz power- The system shall support 1 amp NOM, 3 ampServer Requirements:-Server allows all technologies and devices to be managed using a single web-accessed environment- Shall offer Windows Server 2012 Server software- Shall run in a virtual environment- System management shall be available via a web-based application- Concurrent users shall have access the system at the same time- Shall allow management of users for all facilities from one database- Shall allow definition of user roles for all facilities from one database- The system shall allow new and terminated users to be managed through the IT user management system - Shall support multiple active directory domains- Shall allow management of one formulary for all facilities from one database- Shall integrate with multiple hospital and pharmacy information systems- Shall allow automated formulary updates from the pharmacy information system- Shall be able to view system changes across facilities- Shall support SQL Server 2012- Shall support SQL Server Clustering- Shall support Internet Protocol Security (IPsec) encryptionPharmacy high speed medication packaging and barcoding Requirements:- Shall interface with pharmacy information system to process requests for medication packaging and barcoding.- Shall interface with Automated Dispensing Cabinet (ADC) for replenishment- Shall interface with medication wholesaler supplier systems for ordering- Packaging options to accommodate unit dose, multi-unit dose, and half tablets - The packager enables pharmacy to create medication trays that require special handling for packaging- Shall offer free-shape packaging that does not require touching or medication counting during preparation- Shall print receipt that verifies correct medication - Design shall be easily configurable- Have a smart chip (pocket sized card that has embedded integrated circuits) on each canister to accurately track medications- Shall provide touch screen controls- Shall print all of the available information onto each unit dose packet- Packaging speed shall be up to 70 doses per minute- Shall utilize USB Barcode scanner- Shall operate stand alone and be able to interface with the vendor inventory management system softwareMedication dispensing analytic system Requirements:- Single reporting platform to help optimize each component of medication dispensing system to track performance trends- Data can be used to manage stock outs, drug shortages, and user compliance- Reports shall be generated by a remote access server- Reports shall be scheduled to generate automatically- Length of time reportable data remains within analytical software shall be at least 5 years.- The system shall create custom reports- Reports shall be e-mailed or exported to Microsoft? Excel?- Reporting shall be web-based- Reporting solution shall provide one dashboard that aggregates all facilities within an integrated delivery network (IDN) for trending and analysis- Shall be able to group facilities by specified criteria into one dashboard for Intra-IDN benchmark data- Shall be able to run reports that have all facilities and all key performance indicators on one report- Shall support automatic data upload from automated medication dispensing system supporting decentralized medication management system (ADCs and other components)- Shall support automatic data upload from Pharmacy inventory management system, carousel, and controlled substance safeInventory management system and carousel for medication storage Requirements:- The software shall allow pharmacy to manage medication inventory with all of the components: ADCs, carousel, controlled substance safe, and medication packager- System shall allow ability to track inventory cycles and costs and manage expired and recalled medications- Has technology and software to maximize efficiency with choosing medications with light technology and processing to increase productivity- Shall be capable of performing auto cycle-counts- Shall manage inventory outside of the carousel- Shall provide near real-time ADC critical low notification integration for improved medication availability -Shall provide a pre-pick solution for critical low updates -Shall provide post-pick solution to filter same med/same ADC pick requests to avoid duplicate work-Shall have disaster recovery and/or power outage solution-Shall associate medication identification and the same medications stored in multiple carousels and storage areas within the same hospital without negatively effecting product re-ordering and reporting - Shall have hand held scanner and/or mobile PC technology used for barcode scan code maintenance with the carousel software.- Mobile technology shall use the same printers that are used by other PCs in inventory storage areas- Software shall allow for remote locations within the hospital to place replenishment orders -Carousel software shall interface to or produce financial information to post to the general ledger (GL) systems-T mobile technology of carousel software shall facilitate direct restocking of items returned to pharmacy-Carousel software shall provide automatic or manual release of batched pick transactions into the picking Queue-Mobile PC technology shall control a single or multiple carousels at the same time- Carousel software shall provide manual or automatic import of exported wholesale distributor invoices-Carousel software shall print a packing list for items picked and shipped to remote locations and satellite pharmacies-Carousel software shall provide a report that details inventory adjustments and total value over a user-specified date range-Trouble reporting process and status reporting for clients shall be described -Shall detail limit to the number of suppliers the system can manage-Software shall provide paperless requisitioning-Carousel software shall have the ability to force cycle counts-Software shall provide a what you see is what you get (WYSIWYG) drag and drop label design module-Printing shall be easily redirected by the user if a printer goes down-Software shall provide user alerts and instruction if a printer is offline or disabled for any reason-Carousel reporting shall provide retroactive physical inventory reports-Carousel software shall provide a purchase order (PO) reconciliation report-Carousel software shall provide reporting on scan over-rides-Software shall provide user productivity reports at different intervals-Software shall provide a user-friendly graphic user interface (GUI) for assigning or reassigning product locations in the carousel-Carousel software shall provide package sharing capability -Carousel software shall allow invoices to be received for PO’s not created in it-Carousel software shall allow invoices for PO’s for backordered items to be received against the original PO once the initial invoice has been received-System shall provide multiple data elements within a single bar code-Carousel software shall print “HIGH RISK” and other important alerts on medication dispense labels-Carousel software shall allow for manual picks to be entered without exiting the transaction queue-Carousel software shall provide a custom label design module for pharmacy label needs other than medication orders dispensing-Software shall provide customized GL Account tracking and reporting of received medications-Carousel software shall allow for ADC Refill transaction rounding management globally, at the ADC station level and individual medication level by the customer-Carousel software shall allow for ADC critical low and stock out transaction processing to be managed globally, ADC station level and individual medication level by the customer-Software shall track and report on all medications down to the cost center level across the entire Madison, WI VA healthcare system.-Carousel software shall provide consolidated corporate-view reporting across the entire Madison, WI VA healthcare system-Carousel software shall provide customizable electronic split and/or pass-through ordering from various remote locations across the healthcare system- Carousel software shall allow for the oldest expiration date to be captured during cycle Counts-Carousel software shall require scanning of the medication during medication picking-Carousel software shall provide scanning of all medication doses when picking user-defined high risk medications-System shall provide distinct audio alerts for good scan vs. bad scan of barcodes on medications-Shall support Microsoft Windows Server 2012 R2-Shall support Microsoft SQL Server 2012-Shall support Active Directory integration-Shall support web interface for remote ordersMedication Carousel for Central Pharmacy Requirements:-Sencorp-White Carousel Model 165-02-Shall have an Overall Height of 89"-Shall have an Overall Width of 134.5"-Shall have an Overall Depth with 20" Work Table and Printer Stand Depth of 84"-Shall have a number of Pans equal to 10-Shall have a number of Intermediate Shelves equal to 10-Shall have a Usable Pan Width of 118"-Shall have a Usable Pan Depth of 24.5"-Shall have a Pitch of 12"-Shall have 178 Cubic Feet capacity-Shall have Totes/Bins equal to 268-Shall have Dividers equal to 1,300-Shall have a Shelf clear height per level of 4.75"-Shall have an Empty Weight of 4,480 lbs.-Shall have a Max load per Pan of 400 lbs.-Shall have an Average Cycle Time of 16 seconds-Shall require an Electrical (Conditioned or Emergency Power) connection of (1) 208/230V Single phase, 20 Amp, 60 HZ-Shall have 4 - RJ45 IP Ports-Shall have TEFC (Totally Enclosed Fan Cooled) Motors-Shall have Decibels per Hour of 58B.3 PRICE/COST SCHEDULEITEM INFORMATIONITEM NUMBERDESCRIPTION OF SUPPLIES/SERVICESQUANTITYUNITUNIT PRICEAMOUNT0001**AUTOMATED MEDICATION MANAGEMENT SYSTEM** CCE ENTERPRISE CORE SW LICENSE LOCAL STOCK NUMBER: 134051-011.00EA____________________________________0002CCE SUPPLYSTATION SOLUTION SW LOCAL STOCK NUMBER: 134110-011.00EA____________________________________0003CCE ENTERPRISE SW SITE LICENSE LOCAL STOCK NUMBER: 134561-011.00EA____________________________________0004OR USE 136518-01 DELL 320 TOWER LOCAL STOCK NUMBER: 134914-011.00EA____________________________________0005DELL 630 XL RACK ESXI V5.5 HE LOCAL STOCK NUMBER: 136517-012.00EA____________________________________0006MEDSTATION ES AUX 7-DRAWER AES-7-6H-0N0U1M0B0V LOCAL STOCK NUMBER: 32414.00EA____________________________________0007MEDSTATION ES MAIN 6-DRAWER MESR6B-3H-2N0U1M0B0V RX LOCAL STOCK NUMBER: 3231.00EA____________________________________0008MED RM ROUNDOFFSET 12FT, LT RRM-- LOCAL STOCK NUMBER: 34543.00EA____________________________________0009MEDSTATION ES HALF HEIGHT AUX LOCAL STOCK NUMBER: 156-033-015.00EA____________________________________0010MEDSTATION ES AUX TOWER SC AES-S LOCAL STOCK NUMBER: 34314.00EA____________________________________0011MEDSTATION ES MAIN 6-DRAWER MESR6B-5H-0N0U1M0B0V RX LOCAL STOCK NUMBER: 3232.00EA____________________________________0012MEDSTATION ES MAIN 6-DRAWER MESR6B-1H-4N0U1M0B0V RX LOCAL STOCK NUMBER: 3233.00EA____________________________________0013MEDSTATION ES MAIN 5-DRAWER BIN MESR6B-1H-2N0U1M1B0V RX LOCAL STOCK NUMBER: 3231.00EA____________________________________0014MEDSTATION ES MAIN 6-DRAWER MESR6B-2H-3N0U1M0B0V RX LOCAL STOCK NUMBER: 3237.00EA____________________________________0015MEDSTATION ES MAIN 2-DRAWER MESR2B-2H-0N0U0M0B0V RX LOCAL STOCK NUMBER: 3232.00EA____________________________________0016MEDSTATION ES MAIN 2-DRAWER MES-2B-1H-0N0U1M0B0V LOCAL STOCK NUMBER: 32321.00EA____________________________________0017MEDSTATION ES AUX TOWER DC AES-D LOCAL STOCK NUMBER: 3433.00EA____________________________________0018MEDSTATION ES MAIN 5-DRAWER BIN MES-6B-3H-0N0U1M1B0V LOCAL STOCK NUMBER: 3231.00EA____________________________________0019MEDSTATION ES IM1 SGL COL 3 DO LOCAL STOCK NUMBER: 158-15-013.00EA____________________________________0020MEDSTATION ES MAIN 6-DRAWER MES-6B-3H-1N0U2M0B0V LOCAL STOCK NUMBER: 3233.00EA____________________________________0021MEDSTATION ES MAIN 6-DRAWER MES-6B-2H-2N0U2M0B0V LOCAL STOCK NUMBER: 3232.00EA____________________________________0022MEDSTATION ES MAIN 2-DRAWER MESR2B-1H-0N0U1M0B0V RX LOCAL STOCK NUMBER: 3231.00EA____________________________________0023INTF MED STD NEW PATIENT PROF LOCAL STOCK NUMBER: 129812-011.00EA____________________________________0024LOCALIZED USER/FORM MGMT LIC 2 LOCAL STOCK NUMBER: 134801-011.00EA____________________________________0025ES VM LARGE SERVER W/SQL LOCAL STOCK NUMBER: 136449-011.00EA____________________________________0026ES VM TEST SERVER LOCAL STOCK NUMBER: 136452-011.00EA____________________________________0027INTF MED STD NEW USAGE LOCAL STOCK NUMBER: 129773-011.00EA____________________________________0028INTF MED STD NEW ADT LOCAL STOCK NUMBER: 129766-011.00EA____________________________________0029MEDSTATION ES MAIN 2-DRAWER MES-2B-0H-0N0U2M0B0V LOCAL STOCK NUMBER: 3232.00EA____________________________________0030MEDICATION LABEL MODULE LOCAL STOCK NUMBER: 136276-0212.00EA____________________________________0031PYXIS ES LINK LICENSES SPL-111 LOCAL STOCK NUMBER: 8011.00EA____________________________________0032SLS500i EMAIL NOTIFIER SINGLE LOCAL STOCK NUMBER: 134775-016.00EA____________________________________0033SL500i SAFE LABEL SYS PRINTER LOCAL STOCK NUMBER: 134753-016.00EA____________________________________0034KIT MOUNTING ARM LOCAL STOCK NUMBER: 134208-016.00EA____________________________________0035CIISAFE TALL DBL AUX SOLID D LOCAL STOCK NUMBER: 111-160-2011.00EA____________________________________0036CIISAFE V7.X DBL INTG MAIN BIO LOCAL STOCK NUMBER: 111-1941.00EA____________________________________0037MEDSTATION ES MAIN 6-DRAWER MES-6B-3H-2N0U1M0B0V LOCAL STOCK NUMBER: 3232.00EA____________________________________0038PHARMOGISTICS SERVER IMPLEMENT LOCAL STOCK NUMBER: 136571-011.00EA____________________________________0039PHARMGISTICS SITE IMPLEMENTATION LOCAL STOCK NUMBER: 136572-011.00EA____________________________________0040PYXIS CHECK SCANNER KIT LOCAL STOCK NUMBER: 134652-022.00EA____________________________________0041SCNR MT2070 HD WL 2D KEYPAD LOCAL STOCK NUMBER: 130978-026.00EA____________________________________0042PRINTER ZT410 THRML BAR CODE LOCAL STOCK NUMBER: 136178-014.00EA____________________________________0043CAR VERT 89HX134.5WX84D W-PRTS LOCAL STOCK NUMBER: 165-021.00EA____________________________________0044CAROUSEL INSTALLATION USA LOCAL STOCK NUMBER: 133248-011.00EA____________________________________0045CAROUSEL SHIPPING USA LOCAL STOCK NUMBER: 133249-011.00EA____________________________________0046DELL 630 XL RACK ESXI V5.5 HE LOCAL STOCK NUMBER: 136517-011.00EA____________________________________0047PHACTS NUC WORKSTATION FG LOCAL STOCK NUMBER: 166-026.00EA____________________________________0048FORKLIFT RENTAL PHACTS LOCAL STOCK NUMBER: 133803-011.00EA____________________________________0049RECEPTACLE DUMPSTER FEES CAR LOCAL STOCK NUMBER: 136357-011.00EA____________________________________0050PACKAGER PHARMOPACK W/158 LOCAL STOCK NUMBER: 165-121.00EA____________________________________0051KIT IMPLEMENT PHARMOPACK LOCAL STOCK NUMBER: 130995-021.00EA____________________________________0052UNIT LOWER REPLACEMENT PHARMOP LOCAL STOCK NUMBER: 130986-011.00EA____________________________________0053PHARMOPACK INSTALLATION CFN LOCAL STOCK NUMBER: 133257-021.00EA____________________________________0054PHARMOPACK SHIPPING CFN LOCAL STOCK NUMBER: 133258-021.00EA____________________________________0055PHARMOGISTICS S/W MONTLY RENTAL & SUPPORT FEES $1279.00/MON INCLUDES: 1/EA-PHARMOGISTICS ES SW (111) HOSP S-H-111 STK#806, 1/EA-PYXIS CHECK SW (111) HOSP S-H-111 STK# 807, 1/EA-PHARMOGISTICS ES TESTLOCAL STOCK NUMBER: SUPPORT12.00MO____________________________________0056MAPORTAL2 TIER2 >75 <150 KNOWLEDGE PORTAL MONTHLY RENTAL & SUPPORT FEE $419.00/MON LOCAL STOCK NUMBER: 133810-0112.00MO____________________________________GRAND TOTAL__________________B.4 DELIVERY SCHEDULEAll items to be delivered F.O.B. DestinationITEM NUMBERQUANTITYDELIVERY DATESHIP TO:Department of Veterans AffairsWilliam Middleton VA Medical Center2500 Overlook TerraceMadison, WI 53705SECTION C - CONTRACT CLAUSESC.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 registration and annual confirmation requirements via SAM accessed through . (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 ITEMS 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 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014) (a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112–239) and FAR 3.908. (b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation. (c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.(End of Clause)C.3 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (MAY 2011) (a) Definitions. As used in this clause— "Postconsumer fiber" means— (1) Paper, paperboard, and fibrous materials from retail stores, office buildings, homes, and so forth, after they have passed through their end-usage as a consumer item, including: used corrugated boxes; old newspapers; old magazines; mixed waste paper; tabulating cards; and used cordage; or (2) All paper, paperboard, and fibrous materials that enter and are collected from municipal solid waste; but not (3) Fiber derived from printers' over-runs, converters' scrap, and over-issue publications. (b) The Contractor is required to submit paper documents, such as offers, letters, or reports that are printed or copied double-sided on paper containing at least 30 percent postconsumer fiber, whenever practicable, when not using electronic commerce methods to submit information or data to the Government.(End of Clause)C.4 52.227-14 RIGHTS IN DATA—GENERAL (MAY 2014) (a) Definitions. As used in this clause— "Computer database" or "database" means a collection of recorded information in a form capable of, and for the purpose of, being stored in, processed, and operated on by a computer. The term does not include computer software. "Computer software"— (1) Means (i) Computer programs that comprise a series of instructions, rules, routines, or statements, regardless of the media in which recorded, that allow or cause a computer to perform a specific operation or series of operations; and (ii) Recorded information comprising source code listings, design details, algorithms, processes, flow charts, formulas, and related material that would enable the computer program to be produced, created, or compiled. (2) Does not include computer databases or computer software documentation. "Computer software documentation" means owner's manuals, user's manuals, installation instructions, operating instructions, and other similar items, regardless of storage medium, that explain the capabilities of the computer software or provide instructions for using the software. "Data" means recorded information, regardless of form or the media on which it may be recorded. The term includes technical data and computer software. The term does not include information incidental to contract administration, such as financial, administrative, cost or pricing, or management information. "Form, fit, and function data" means data relating to items, components, or processes that are sufficient to enable physical and functional interchangeability, and data identifying source, size, configuration, mating and attachment characteristics, functional characteristics, and performance requirements. For computer software it means data identifying source, functional characteristics, and performance requirements but specifically excludes the source code, algorithms, processes, formulas, and flow charts of the software. "Limited rights" means the rights of the Government in limited rights data as set forth in the Limited Rights Notice of paragraph (g)(3) if included in this clause. "Limited rights data" means data, other than computer software, that embody trade secrets or are commercial or financial and confidential or privileged, to the extent that such data pertain to items, components, or processes developed at private expense, including minor modifications. "Restricted computer software" means computer software developed at private expense and that is a trade secret, is commercial or financial and confidential or privileged, or is copyrighted computer software, including minor modifications of the computer software. "Restricted rights", as used in this clause, means the rights of the Government in restricted computer software, as set forth in a Restricted Rights Notice of paragraph (g) if included in this clause, or as otherwise may be provided in a collateral agreement incorporated in and made part of this contract, including minor modifications of such computer software. "Technical data", means recorded information (regardless of the form or method of the recording) of a scientific or technical nature (including computer databases and computer software documentation). This term does not include computer software or financial, administrative, cost or pricing, or management data or other information incidental to contract administration. The term includes recorded information of a scientific or technical nature that is included in computer databases. (See 41 U.S.C. 116). "Unlimited rights" means the rights of the Government to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose, and to have or permit others to do so. (b) Allocation of rights. (1) Except as provided in paragraph (c) of this clause, the Government shall have unlimited rights in— (i) Data first produced in the performance of this contract; (ii) Form, fit, and function data delivered under this contract; (iii) Data delivered under this contract (except for restricted computer software) that constitute manuals or instructional and training material for installation, operation, or routine maintenance and repair of items, components, or processes delivered or furnished for use under this contract; and (iv) All other data delivered under this contract unless provided otherwise for limited rights data or restricted computer software in accordance with paragraph (g) of this clause. (2) The Contractor shall have the right to— (i) Assert copyright in data first produced in the performance of this contract to the extent provided in paragraph (c)(1) of this clause; (ii) Use, release to others, reproduce, distribute, or publish any data first produced or specifically used by the Contractor in the performance of this contract, unless provided otherwise in paragraph (d) of this clause; (iii) Substantiate the use of, add, or correct limited rights, restricted rights, or copyright notices and to take other appropriate action, in accordance with paragraphs (e) and (f) of this clause; and (iv) Protect from unauthorized disclosure and use those data that are limited rights data or restricted computer software to the extent provided in paragraph (g) of this clause. (c) Copyright— (1) Data first produced in the performance of this contract. (i) Unless provided otherwise in paragraph (d) of this clause, the Contractor may, without prior approval of the Contracting Officer, assert copyright in scientific and technical articles based on or containing data first produced in the performance of this contract and published in academic, technical or professional journals, symposia proceedings, or similar works. The prior, express written permission of the Contracting Officer is required to assert copyright in all other data first produced in the performance of this contract. (ii) When authorized to assert copyright to the data, the Contractor shall affix the applicable copyright notices of 17 U.S.C. 401 or 402, and an acknowledgment of Government sponsorship (including contract number). (iii) For data other than computer software, the Contractor grants to the Government, and others acting on its behalf, a paid- up, nonexclusive, irrevocable, worldwide license in such copyrighted data to reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly by or on behalf of the Government. For computer software, the Contractor grants to the Government, and others acting on its behalf, a paid- up, nonexclusive, irrevocable, worldwide license in such copyrighted computer software to reproduce, prepare derivative works, and perform publicly and display publicly (but not to distribute copies to the public) by or on behalf of the Government. (2) Data not first produced in the performance of this contract. The Contractor shall not, without the prior written permission of the Contracting Officer, incorporate in data delivered under this contract any data not first produced in the performance of this contract unless the Contractor— (i) Identifies the data; and (ii) Grants to the Government, or acquires on its behalf, a license of the same scope as set forth in paragraph (c)(1) of this clause or, if such data are restricted computer software, the Government shall acquire a copyright license as set forth in paragraph (g)(4) of this clause (if included in this contract) or as otherwise provided in a collateral agreement incorporated in or made part of this contract. (3) Removal of copyright notices. The Government will not remove any authorized copyright notices placed on data pursuant to this paragraph (c), and will include such notices on all reproductions of the data. (d) Release, publication, and use of data. The Contractor shall have the right to use, release to others, reproduce, distribute, or publish any data first produced or specifically used by the Contractor in the performance of this contract, except— (1) As prohibited by Federal law or regulation (e.g., export control or national security laws or regulations); (2) As expressly set forth in this contract; or (3) If the Contractor receives or is given access to data necessary for the performance of this contract that contain restrictive markings, the Contractor shall treat the data in accordance with such markings unless specifically authorized otherwise in writing by the Contracting Officer. (e) Unauthorized marking of data. (1) Notwithstanding any other provisions of this contract concerning inspection or acceptance, if any data delivered under this contract are marked with the notices specified in paragraph (g)(3) or (g) (4) if included in this clause, and use of the notices is not authorized by this clause, or if the data bears any other restrictive or limiting markings not authorized by this contract, the Contracting Officer may at any time either return the data to the Contractor, or cancel or ignore the markings. However, pursuant to 41 U.S.C. 4703, the following procedures shall apply prior to canceling or ignoring the markings. (i) The Contracting Officer will make written inquiry to the Contractor affording the Contractor 60 days from receipt of the inquiry to provide written justification to substantiate the propriety of the markings; (ii) If the Contractor fails to respond or fails to provide written justification to substantiate the propriety of the markings within the 60-day period (or a longer time approved in writing by the Contracting Officer for good cause shown), the Government shall have the right to cancel or ignore the markings at any time after said period and the data will no longer be made subject to any disclosure prohibitions. (iii) If the Contractor provides written justification to substantiate the propriety of the markings within the period set in paragraph (e)(1)(i) of this clause, the Contracting Officer will consider such written justification and determine whether or not the markings are to be cancelled or ignored. If the Contracting Officer determines that the markings are authorized, the Contractor will be so notified in writing. If the Contracting Officer determines, with concurrence of the head of the contracting activity, that the markings are not authorized, the Contracting Officer will furnish the Contractor a written determination, which determination will become the final agency decision regarding the appropriateness of the markings unless the Contractor files suit in a court of competent jurisdiction within 90 days of receipt of the Contracting Officer's decision. The Government will continue to abide by the markings under this paragraph (e)(1)(iii) until final resolution of the matter either by the Contracting Officer's determination becoming final (in which instance the Government will thereafter have the right to cancel or ignore the markings at any time and the data will no longer be made subject to any disclosure prohibitions), or by final disposition of the matter by court decision if suit is filed. (2) The time limits in the procedures set forth in paragraph (e)(1) of this clause may be modified in accordance with agency regulations implementing the Freedom of Information Act (5 U.S.C. 552) if necessary to respond to a request thereunder. (3) Except to the extent the Government's action occurs as the result of final disposition of the matter by a court of competent jurisdiction, the Contractor is not precluded by paragraph (e) of the clause from bringing a claim, in accordance with the Disputes clause of this contract, that may arise as the result of the Government removing or ignoring authorized markings on data delivered under this contract. (f) Omitted or incorrect markings. (1) Data delivered to the Government without any restrictive markings shall be deemed to have been furnished with unlimited rights. The Government is not liable for the disclosure, use, or reproduction of such data. (2) If the unmarked data has not been disclosed without restriction outside the Government, the Contractor may request, within 6 months (or a longer time approved by the Contracting Officer in writing for good cause shown) after delivery of the data, permission to have authorized notices placed on the data at the Contractor's expense. The Contracting Officer may agree to do so if the Contractor— (i) Identifies the data to which the omitted notice is to be applied; (ii) Demonstrates that the omission of the notice was inadvertent; (iii) Establishes that the proposed notice is authorized; and (iv) Acknowledges that the Government has no liability for the disclosure, use, or reproduction of any data made prior to the addition of the notice or resulting from the omission of the notice. (3) If data has been marked with an incorrect notice, the Contracting Officer may— (i) Permit correction of the notice at the Contractor's expense if the Contractor identifies the data and demonstrates that the correct notice is authorized; or (ii) Correct any incorrect notices. (g) Protection of limited rights data and restricted computer software. (1) The Contractor may withhold from delivery qualifying limited rights data or restricted computer software that are not data identified in paragraphs (b)(1)(i), (ii), and (iii) of this clause. As a condition to this withholding, the Contractor shall— (i) Identify the data being withheld; and (ii) Furnish form, fit, and function data instead. (2) Limited rights data that are formatted as a computer database for delivery to the Government shall be treated as limited rights data and not restricted computer software. (3) [Reserved] (h) Subcontracting. The Contractor shall obtain from its subcontractors all data and rights therein necessary to fulfill the Contractor's obligations to the Government under this contract. If a subcontractor refuses to accept terms affording the Government those rights, the Contractor shall promptly notify the Contracting Officer of the refusal and shall not proceed with the subcontract award without authorization in writing from the Contracting Officer. (i) Relationship to patents or other rights. Nothing contained in this clause shall imply a license to the Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Government.(End of Clause)C.5 52.227-17 RIGHTS IN DATA—SPECIAL WORKS (DEC 2007) (a) Definitions. As used in this clause— "Data" means recorded information, regardless of form or the media on which it may be recorded. The term includes technical data and computer software. The term does not include information incidental to contract administration, such as financial, administrative, cost or pricing, or management information. "Unlimited rights" means the rights of the Government to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose, and to have or permit others to do so. (b) Allocation of Rights. (1) The Government shall have— (i) Unlimited rights in all data delivered under this contract, and in all data first produced in the performance of this contract, except as provided in paragraph (c) of this clause. (ii) The right to limit assertion of copyright in data first produced in the performance of this contract, and to obtain assignment of copyright in that data, in accordance with paragraph (c)(1) of this clause. (iii) The right to limit the release and use of certain data in accordance with paragraph (d) of this clause. (2) The Contractor shall have, to the extent permission is granted in accordance with paragraph (c)(1) of this clause, the right to assert claim to copyright subsisting in data first produced in the performance of this contract. (c) Copyright— (1) Data first produced in the performance of this contract. (i) The Contractor shall not assert or authorize others to assert any claim to copyright subsisting in any data first produced in the performance of this contract without prior written permission of the Contracting Officer. When copyright is asserted, the Contractor shall affix the appropriate copyright notice of 17 U.S.C. 401 or 402 and acknowledgment of Government sponsorship (including contract number) to the data when delivered to the Government, as well as when the data are published or deposited for registration as a published work in the U.S. Copyright Office. The Contractor grants to the Government, and others acting on its behalf, a paid-up, nonexclusive, irrevocable, worldwide license for all delivered data to reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, by or on behalf of the Government. (ii) If the Government desires to obtain copyright in data first produced in the performance of this contract and permission has not been granted as set forth in paragraph (c)(1)(i) of this clause, the Contracting Officer shall direct the Contractor to assign (with or without registration), or obtain the assignment of, the copyright to the Government or its designated assignee. (2) Data not first produced in the performance of this contract. The Contractor shall not, without prior written permission of the Contracting Officer, incorporate in data delivered under this contract any data not first produced in the performance of this contract and that contain the copyright notice of 17 U.S.C. 401 or 402, unless the Contractor identifies such data and grants to the Government, or acquires on its behalf, a license of the same scope as set forth in paragraph (c)(1) of this clause. (d) Release and use restrictions. Except as otherwise specifically provided for in this contract, the Contractor shall not use, release, reproduce, distribute, or publish any data first produced in the performance of this contract, nor authorize others to do so, without written permission of the Contracting Officer. (e) Indemnity. The Contractor shall indemnify the Government and its officers, agents, and employees acting for the Government against any liability, including costs and expenses, incurred as the result of the violation of trade secrets, copyrights, or right of privacy or publicity, arising out of the creation, delivery, publication, or use of any data furnished under this contract; or any libelous or other unlawful matter contained in such data. The provisions of this paragraph do not apply unless the Government provides notice to the Contractor as soon as practicable of any claim or suit, affords the Contractor an opportunity under applicable laws, rules, or regulations to participate in the defense of the claim or suit, and obtains the Contractor's consent to the settlement of any claim or suit other than as required by final decree of a court of competent jurisdiction; and these provisions do not apply to material furnished to the Contractor by the Government and incorporated in data to which this clause applies. (End of Clause)C.6 52.227-19 COMMERCIAL COMPUTER SOFTWARE LICENSE (DEC 2007) (a) Notwithstanding any contrary provisions contained in the Contractor's standard commercial license or lease agreement, the Contractor agrees that the Government will have the rights that are set forth in paragraph (b) of this clause to use, duplicate or disclose any commercial computer software delivered under this contract. The terms and provisions of this contract shall comply with Federal laws and the Federal Acquisition Regulation. (b)(1) The commercial computer software delivered under this contract may not be used, reproduced, or disclosed by the Government except as provided in paragraph (b)(2) of this clause or as expressly stated otherwise in this contract. (2) The commercial computer software may be— (i) Used or copied for use with the computer(s) for which it was acquired, including use at any Government installation to which the computer(s) may be transferred; (ii) Used or copied for use with a backup computer if any computer for which it was acquired is inoperative; (iii) Reproduced for safekeeping (archives) or backup purposes; (iv) Modified, adapted, or combined with other computer software, provided that the modified, adapted, or combined portions of the derivative software incorporating any of the delivered, commercial computer software shall be subject to same restrictions set forth in this contract; (v) Disclosed to and reproduced for use by support service Contractors or their subcontractors, subject to the same restrictions set forth in this contract; and (vi) Used or copied for use with a replacement computer. (3) If the commercial computer software is otherwise available without disclosure restrictions, the Contractor licenses it to the Government without disclosure restrictions. (c) The Contractor shall affix a notice substantially as follows to any commercial computer software delivered under this contract: Notice—Notwithstanding any other lease or license agreement that may pertain to, or accompany the delivery of, this computer software, the rights of the Government regarding its use, reproduction and disclosure are as set forth in Government Contract No. __________________.(End of Clause)C.7 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997) (a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract. (b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective— (1) For such period as the laws of the State in which this contract is to be performed prescribe; or (2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer. (c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.(End of Clause)C.8 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) (a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor. (b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act. (c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.(End of Clause)C.9 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008) The bidder or offeror agrees that if a contract is awarded to him/her, as a result of this solicitation, he/she will not advertise the award of the contract in his/her commercial advertising in such a manner as to state or imply that the Department of Veterans Affairs endorses a product, project or commercial line of endeavor.(End of Clause)C.10 VAAR 852.203-71 DISPLAY OF DEPARTMENT OF VETERAN AFFAIRS HOTLINE POSTER (DEC 1992) (a) Except as provided in paragraph (c) below, the Contractor shall display prominently, in common work areas within business segments performing work under VA contracts, Department of Veterans Affairs Hotline posters prepared by the VA Office of Inspector General. (b) Department of Veterans Affairs Hotline posters may be obtained from the VA Office of Inspector General (53E), P.O. Box 34647, Washington, DC 20043-4647. (c) The Contractor need not comply with paragraph (a) above if the Contractor has established a mechanism, such as a hotline, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports.(End of Clause)C.11 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) (a) Definitions. As used in this clause— (1) Contract financing payment has the meaning given in FAR 32.001. (2) Designated agency office has the meaning given in 5 CFR 1315.2(m). (3) Electronic form means an automated system transmitting information electronically according to the Accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests. (4) Invoice payment has the meaning given in FAR 32.001. (5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract. (b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required. (c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following: (1) VA’s Electronic Invoice Presentment and Payment System. (See Web site at .) (2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI). The X12 EDI Web site () includes additional information on EDI 810 and 811 formats. (d) Invoice requirements. Invoices shall comply with FAR 32.905. (e) Exceptions. If, based on one of the circumstances below, the contracting officer directs that payment requests be made by mail, the contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for: (1) Awards made to foreign vendors for work performed outside the United States; (2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information; (3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies; (4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or (5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.(End of Clause)C.12 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984) The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of Wisconsin. Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from.(End of Clause)C.13 VAAR 852.246-70 GUARANTEE (JAN 2008) The contractor guarantees the equipment against defective material, workmanship and performance for a period of One Year, said guarantee to run from date of acceptance of the equipment by the Government. The contractor agrees to furnish, without cost to the Government, replacement of all parts and material that are found to be defective during the guarantee period. Replacement of material and parts will be furnished to the Government at the point of installation, if installation is within the continental United States, or f.o.b. the continental U.S. port to be designated by the contracting officer if installation is outside of the continental United States. Cost of installation of replacement material and parts shall be borne by the contractor.(End of Clause)C.14 VAAR 852.246-71 INSPECTION (JAN 2008) Rejected goods will be held subject to contractors order for not more than 15 days, after which the rejected merchandise will be returned to the contractor's address at his/her risk and expense. Expenses incident to the examination and testing of materials or supplies that have been rejected will be charged to the contractor's account.(End of Clause)(End of Addendum to 52.212-4)C.15 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2017) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015). (3) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (4) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). [] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509). [] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) [X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016) (Pub. L. 109–282) (31 U.S.C. 6101 note). [] (5) [Reserved] [] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C). [] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C). [X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note). [X] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). [] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a). [] (ii) Alternate I (NOV 2011) of 52.219-3. [] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). [] (ii) Alternate I (JAN 2011) of 52.219-4. [] (13) [Reserved] [] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644). [] (ii) Alternate I (NOV 2011). [] (iii) Alternate II (NOV 2011). [] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). [] (ii) Alternate I (Oct 1995) of 52.219-7. [] (iii) Alternate II (Mar 2004) of 52.219-7. [X] (16) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)). [] (17)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2017) (15 U.S.C. 637(d)(4)). [] (ii) Alternate I (NOV 2016) of 52.219-9. [] (iii) Alternate II (NOV 2016) of 52.219-9. [] (iv) Alternate III (NOV 2016) of 52.219-9. [] (v) Alternate IV (NOV 2016) of 52.219-9. [] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)). [] (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)). [] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). [] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f). [X] (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C 632(a)(2)). [] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (DEC 2015) (15 U.S.C. 637(m)). [] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) (15 U.S.C. 637(m)). [X] (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). [X] (26) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (OCT 2016) (E.O. 13126). [X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015). [X] (28) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246). [X] (29) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212). [X] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793). [X] (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212). [X] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). [X] (33)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627). [] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). [] (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) [] (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017). Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. [X] (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016). [] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) [] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693). [] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693). [] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) [] (40)(i) 52.223-13, Acquisition of EPEAT?-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514). [] (ii) Alternate I (OCT 2015) of 52.223-13. [] (41)(i) 52.223-14, Acquisition of EPEAT?-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514). [] (ii) Alternate I (JUN 2014) of 52.223-14. [] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b). [] (43)(i) 52.223-16, Acquisition of EPEAT?-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514). [] (ii) Alternate I (JUN 2014) of 52.223-16. [X] (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693). [] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693). [X] (47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). [] (ii) Alternate I (JAN 2017) of 52.224-3. [] (48) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83). [] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. [] (ii) Alternate I (MAY 2014) of 52.225-3. [] (iii) Alternate II (MAY 2014) of 52.225-3. [] (iv) Alternate III (MAY 2014) of 52.225-3. [] (50) 52.225–5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). [X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). [] (52) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). [] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). [] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). [] (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). [] (56) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). [X] (57) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332). [] (58) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). [] (59) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332). [] (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). [] (61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)). [] (62)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). [] (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [] (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). [] (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67). [] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). [] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). [] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67). [] (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67). [] (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67). [] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015). [] (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). [] (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). [] (11) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause— (i) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509). (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iii) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. (iv) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (v) 52.222-21, Prohibition of Segregated Facilities (APR 2015). (vi) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246). (vii) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212). (viii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793). (ix) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212). (x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (xi) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67). (xii)(A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627). (B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). (xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67). (xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67). (xv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E. O. 12989). (xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015). (xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017). Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. (xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016)). (xix) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (xx)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). (B) Alternate I (JAN 2017) of 52.224-3. (xxi) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.(End of Clause)SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTSSee attached document: P03 N12-17-17 JA Package Signed RED.SECTION E - SOLICITATION PROVISIONSE.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JAN 2017) (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees. (b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show— (1) The solicitation number; (2) The time specified in the solicitation for receipt of offers; (3) The name, address, and telephone number of the offeror; (4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary; (5) Terms of any express warranty; (6) Price and any discount terms; (7) "Remit to" address, if different than mailing address; (8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically); (9) Acknowledgment of Solicitation Amendments; (10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and (11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration. (c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation. (d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing. (e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately. (f) Late submissions, modifications, revisions, and withdrawals of offers. (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due. (2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and— (A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or (B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or (C) If this solicitation is a request for proposals, it was the only proposal received. (ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted. (3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel. (4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. (5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer. (g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. (h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer. (i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to—GSA Federal Supply Service Specifications Section Suite 8100 470 East L'Enfant Plaza, SWWashington, DC 20407Telephone (202) 619-8925 Facsimile (202) 619-8978. (ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee. (2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites: (i) ASSIST (); (ii) Quick Search (); (iii) (). (3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by? (i) Using the ASSIST Shopping Wizard (); (ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or (iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance. (j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ‘‘Unique Entity Identifier’’ followed by the unique entity identifier that identifies the Offeror’s name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at for establishing the unique entity identifier. (k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through . (l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable: (1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer. (2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror. (3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection. (4) A summary of the rationale for award; (5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror. (6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.(End of Provision)ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS Provisions 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 provisions are incorporated into 52.212-1 as an addendum to this solicitation:E.2 52.209-5 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION)(MAR 2012) (a) In accordance with Division H, sections 8124 and 8125 of P.L. 112-74 and sections 738 and 739 of P.L. 112-55 none of the funds made available by either Act may be used to enter into a contract with any corporation that— (1) Has an unpaid federal tax liability, unless the agency has considered suspension or debarment of the corporation and the Suspension and Debarment Official has made a determination that this action is not necessary to protect the interests of the Government. (2) Has a felony criminal violation under any Federal or State law within the preceding 24 months, unless the agency has considered suspension or debarment of the corporation and Suspension and Debarment Official has made a determination that this action is not necessary to protect the interests of the Government. (b) The Offeror represents that— (1) The offeror does [ ] does not [ ] have any unpaid Federal tax liability that has been assessed and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (2) The offeror, its officers or agents acting on its behalf have [ ] have not [ ] been convicted of a felony criminal violation under a Federal or State law within the preceding 24 months.(End of Provision)E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) (a) Definitions. As used in this provision— "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. "Federal contracts and grants with total value greater than $10,000,000" means— (1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). "Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). (b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000. (c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (iii) In an administrative proceeding, a finding of fault and liability that results in— (A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of $100,000. (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via (see 52.204-7).(End of Provision)E.4 52.216-1 TYPE OF CONTRACT (APR 1984) The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.(End of Provision)E.5 52.233-2 SERVICE OF PROTEST (SEP 2006) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from: Hand-Carried Address: Department of Veteran Affairs GLAC (36C252) 115 South 84th Street, Suite 101 Milwaukee WI 53214-1476 Mailing Address: Department of Veterans Affairs GLAC (36C252) 115 South 84th Street, Suite 101 Milwaukee WI 53214-1476 (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.(End of Provision)E.6 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008) (a) Any protest filed by an interested party shall: (1) Include the name, address, fax number, and telephone number of the protester; (2) Identify the solicitation and/or contract number; (3) Include an original signed by the protester or the protester's representative and at least one copy; (4) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents; (5) Specifically request a ruling of the individual upon whom the protest is served; (6) State the form of relief requested; and (7) Provide all information establishing the timeliness of the protest. (b) Failure to comply with the above may result in dismissal of the protest without further consideration. (c) Bidders/offerors and contracting officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation.(End of Provision) PLEASE NOTE: The correct mailing information for filing alternate protests is as follows:Deputy Assistant Secretary for Acquisition and Logistics,Risk Management Team, Department of Veterans Affairs810 Vermont Avenue, N.W.Washington, DC 20420 Or for solicitations issued by the Office of Construction and Facilities Management:Director, Office of Construction and Facilities Management811 Vermont Avenue, N.W.Washington, DC 20420E.7 VAAR 852.273-74 AWARD WITHOUT EXCHANGES (JAN 2003) The Government intends to evaluate proposals and award a contract without exchanges with offerors. Therefore, each initial offer should contain the offeror's best terms from a cost or price and technical standpoint. However, the Government reserves the right to conduct exchanges if later determined by the contracting officer to be necessary.(End of Provision)(End of Addendum to 52.212-1) ................
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