SOLICITATION NOTICE
65 -- WanderGuard Software/Kits SECURITAS HEALTHCARE LLC Combined Synopsis/Solicitation Brand Name Or Equal (BNOE) SDVOSB Set Aside
- Notice Date
- 6/26/2024 2:52:21 PM
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 334290
— Other Communications Equipment Manufacturing
- Contracting Office
- RPO WEST (36C24W) MCCLELLAN CA 95652 USA
- ZIP Code
- 95652
- Solicitation Number
- 36C24W24Q0121
- Response Due
- 7/8/2024 8:00:00 AM
- Archive Date
- 07/23/2024
- Point of Contact
- Scott James, Contract Specialist, Phone: 360-852-9878, Fax: N/A
- E-Mail Address
-
scott.james@va.gov
(scott.james@va.gov)
- Small Business Set-Aside
- SDVOSBC Service-Disabled Veteran-Owned Small Business (SDVOSB) Set-Aside (FAR 19.14)
- Awardee
- null
- Description
- 2 This is a combined synopsis/solicitation for commercial products and commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Products and Commercial Services, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued. This solicitation is issued as an RFQ. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-05. This solicitation is set-aside for: Service-Disabled Veteran-Owned Small Business (SDVOSB) Set Aside This solicitation is for: Brand Name Or Equal to (BNOE) equipment. The associated North American Industrial Classification System (NAICS) code for this procurement is 334290 Other Communications Equipment Manufacturing , with a small business size standard of 800 Employees. The FSC/PSC is 6515. The Long Beach VAHCS located at VA Long Beach, Tibor Rubin VA Medical Center Major Projects, 5901 E. 7th Street Bldg. 149 Long Beach, Ca. 90822-5201 is seeking to purchase WanderGuard Blue Wander Management System. All interested companies shall provide quotations for the following: Company name and SAM UEI number. Point of contact name, phone number, and e-mail address. Whether items are presently offered on your current GSA Federal Supply Schedule contract (include contract number) or other Government Contract (such as SEWP). Are you a small business manufacturer? Verification if your company is an authorized distributor/reseller (Include Letter of Authorization from MFG Securitas Healthcare LLC that specifies your business as an authorized distributor of the WanderGuard Blue Wander Management System . Must be dated within past 12 months). Priced quote, including delivery lead time. All quotes shall be sent to the Contract Specialist Scott James at scott.james@va.gov NLT 8:00am PST on 7/9/2024. Supplies/Services ITEM NUMBER DESCRIPTION OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0001 13.00 EA WanderGuard Blue Door Bundle- North American LOCAL STOCK NUMBER: WGB-DOOR-1000-NA Funding/Req. Number: 1 600-24-3-388-0421 0002 2.00 EA WanderGuard Blue Outdoor Bundle - North America LOCAL STOCK NUMBER: WGB-OUTDOOR-1000-NA Funding/Req. Number: 1 600-24-3-388-0421 0003 13.00 EA External LF Antenna for EX5700 Controllers with 25ft CAT5 cable LOCAL STOCK NUMBER: ANT-4210-CAT5 Funding/Req. Number: 1 600-24-3-388-0421 0004 1.00 EA WanderGuard Blue Starter Kit - NA LOCAL STOCK NUMBER: WGB-Starter-1000-N Funding/Req. Number: 1 600-24-3-388-0421 0005 1.00 EA WanderGuard BLUE - Wearable Bracelet Starter Kit LOCAL STOCK NUMBER: WGB-TGSTART-1000 Funding/Req. Number: 1 600-24-3-388-0421 0006 10.00 EA WanderGuard BLUE Wearable Bracelet - 1 Year - Short Band - Cut Resistant LOCAL STOCK NUMBER: WGB-TAG-2110-1Y Funding/Req. Number: 1 600-24-3-388-0421 0007 1.00 EA Arial 900 New System Bundle w/ Server LOCAL STOCK NUMBER: 54360-900 Funding/Req. Number: 1 600-24-3-388-0421 0008 1.00 EA ARIAL CLIENT SOFTWARE LOCAL STOCK NUMBER: 54323 Funding/Req. Number: 1 600-24-3-388-0421 0009 1.00 EA WanderGuard Blue to Arial Integration (SMA Only LOCAL STOCK NUMBER: WGB-INT-ARIAL-SMA Funding/Req. Number: 1 600-24-3-388-0421 0010 3.00 EA ARIAL REPEATER ES LOCAL STOCK NUMBER: 54321 Funding/Req. Number: 1 600-24-3-388-0421 0011 1.00 EA Bronze Tier Support and Maint. Agreement LOCAL STOCK NUMBER: 10615 Funding/Req. Number: 1 600-24-3-388-0421 0012 1.00 EA Installation of WanderGuard System LOCAL STOCK NUMBER: INST-WG Funding/Req. Number: 1 600-24-3-388-0421 GRAND TOTAL Brand Name or Equal to (BNOE) Salient Characteristics: (WanderGuard Blue Wander Management System) Total: 15ea Brand name of equal: Securitas Healthcare: WanderGuard Blue Management System Product image is for illustration purposes only. WanderGuard Blue Door Bundle (keypads and related hardware) WanderGuard Blue Outdoor Bundle (Keypads and related hardware) External LF Antenna for EX5700 Controllers with 25ft CAT5 cable WanderGuard Blue Starter Kit WanderGuard BLUE Wearable bracelets starter Kit WanderGuard Blue Wearable Bracelet 1 year Short Band Cut resistant (10 total) Arial 900 New System Bundle w/ Server Arial Client Software WanderGuard Blue to Arial Integration (SMA Only) Arial Repeater ES (3ea) Bronze Tier Support and Maintenance Agreement System must follow all VA Directives Must provide installation of system Must be able to provide all components stated on the quote in order for system to work accordingly Must be able to start warranty when system goes live. STATEMENT OF WORK (SOW) Delivery Address: VA Long Beach Tibor Rubin VA Medical Center 5901 E 7th St. Building 149 Long Beach, CA 90822-5201 General Conditions and Statement of Work (WanderGuard Blue Wander Management System) (See next page) Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice Page 26 of 26 Combined Synopsis/Solicitation Notice *= Required Field Combined Synopsis/Solicitation Notice Page 1 of 26 Introduction The VA Long Beach Healthcare System has a requirement to purchase WanderGuard Blue Wander Management System with an authorized vendor to supply and deliver the item(s) identified in Table 1 below. This requirement is in support of a brand name or equal requirement. See VAAR Clause 852.211-73 Brand Name or Equal (JAN 2008) for additional information. See attachments for salient characteristics. This requirement is in support of the activation of the VA Long Beach Healthcare System Project. Table 1 Package Items Summary JSN Number Item Description Quantity U5050 WanderGuard Blue Wander Management System 15 General Conditions Site Address/Delivery Address: VA Long Beach Tibor Rubin VA Medical Center 5901 E. 7th Street Building 149 Long Beach, CA 90822-5201 Delivery Schedule Building Name Building # & Letter Acronym Est. Delivery Start Date Est. Delivery End Date VA Long Beach Healthcare System 149 VALB 07/15/2024 08/15/2024 Schedule and Order Management The above delivery schedule is based upon the current construction schedule. The vendor shall not increase prices for a change in delivery date for up to 30+ days due to construction delays. The awardees actual delivery dates will be confirmed by VA upon award. Post-award the vendor will coordinate delivery prior to beginning any work (see section 2.4). Once the dates have been confirmed, modifications to the schedule are subject to written approval by the COR and the vendor. Schedule changes that are beyond the dates specified in the contract will require approval by the Contracting Officer and a contract modification. Delivery and Receiving Delivery and receipt of the proposed items is anticipated to be directed to the location identified below. Confirmation of delivery location will be provided post-award. To coordinate delivery, contact Facility POC/Program Manager. VA Long Beach Healthcare System Delivery shall be freight on board (FOB) Destination. The vendor is required to define the need for a staging area to accommodate item delivery, if needed. Post-award, this information will be confirmed with the vendor. The delivery of items identified in this document shall take place during normal business hours which are defined as: 0800 to 1500 (i.e.: 8:00am to 3:00pm Pacific Standard Time), Monday through Friday, and excluding Federal Holidays. Delivery trucks will not be permitted to remain at the loading dock. Trucks shall be unloaded, moved from the dock, and then brought back to the dock if required to haul out any waste, tools, or excess materials. Labeling of delivered items shall include the VA facilities contract number and VA purchase order number for identification and reference upon receipt of product. Use of Warehouse If the vendor requires the use of the Government s activation contractor s warehouse to meet the requirements of this contract the vendor must provide a certificate of insurance prior to the delivery and offloading of the item(s). This insurance certificate must be completed and presented to the activation contractor prior to delivery. The vendor shall communicate through the VA POC any required coordination requirements. Clean Up and Disposal There are no dumpsters available for vendor use. The removal of waste and/or excess material shall be conducted through the loading dock area. Delivery trucks and/or other vendor vehicles will not be permitted to remain at the loading dock. Vehicles will need to be brought back to the dock if required to remove any waste, tools, or excess materials. Deliverables The vendor shall provide CAD drawings (including shop drawings) and specifications for site prep for their product as required. The vendor shall provide a completed VA Form 6550 with submittal documents for any and all item(s) that may connect to the VA network and medical devices that store sensitive patient information. Assembly and Installation (If assembly and installation is required) The vendor is required to manage and coordinate installation at the VA Long Beach with the Program Manager/Facility POC. On-site assembly and installation of items, and performance of services identified in this document shall take place during normal business hours which are defined as: 0800 to 1630 (i.e.: 8:00am to 4:30pm Pacific Standard Time), Monday through Friday, and excluding Federal Holidays. The vendor is required to define the need for a staging area to accommodate item assembly and installation, if needed. Post-award, this information will be confirmed with the vendor. The vendor is required to provide tools, labor and materials to complete assembly and installation of the items detailed in this document. The vendor shall protect all finished spaces and surfaces as required from delivery and installation damage. The vendor shall use covering and protection to the extent necessary to prevent damage to finished spaces. Any damage occurred during delivery and installation is the responsibility of the vendor. The vendor will be responsible for paying for and repairing any damage or noted deficiencies to finished spaces and surfaces that occur as a result of the vendor s (or associated sub-contractors) installation. During the entire duration of assembly and installation, the vendor will have a competent representative on-site as the vendor s contact, and to serve as the interface between the vendor and VALB. On-site representative can be the installer. All instructions provided from COR to the representative will be binding as if given to the vendor s main contact. The COR may provide specific instructions, however, only the Contracting Officer may change the terms or conditions of the contract. Training (If training is required) The vendor shall coordinate through the VA POC to provide a hands-on training session to staff selected by the VA. Training shall be completed within 45 days after final installation of equipment. The vendor will record the training and provide a copy of the training to the VA POC for VA to use to train additional personal at a future date. In addition, the vendor shall provide additional training documents to the VA POC for training additional persons at a future date. Use of Premises During the performance of this contract, work will be carried out on VALB premises. The vendor will perform all work in such a manner that will cause a minimum interference with VA Long Beach operations and the operations of other contractors on the premises. The vendor will communicate through the VA Program Manager/POC any required coordination requirements with the GC prior to and during delivery and installation activities. The project may be an active construction site during delivery and installation. The vendor will take all necessary precautions to protect the premises and all persons and property therein from damage or injury. The vendor will assume responsibility for taking precautions for the vendor s (and associated subcontractors ) employees, agents, licensees, and permittees. The vendor shall abide by any safety requirements imposed by the GC (e.g. hard hats, safety vests). VA Long Beach 405 U5050 VA Long Beach Tibor Rubin VA Medical Center 5901 E. 7th Street Building 149 Long Beach, CA 90822-5201 _ _ Total Quantity: 15ea Finish Sample Required if Checked Manufacturer Certified Installation Required if Checked _ BMET Training Required if Checked End User Training Required if Checked _ _ Item Name: Wander Management Security System _ Brand Name or Equal (BNOE): WanderGuard Blue Wander Management System _ Characteristics: WanderGuard Blue Door Bundle (keypads and related hardware) WanderGuard Blue Outdoor Bundle (Keypads and related hardware) External LF Antenna for EX5700 Controllers with 25ft CAT5 cable WanderGuard Blue Starter Kit WanderGuard BLUE Wearable bracelets starter Kit WanderGuard Blue Wearable Bracelet 1 year Short Band Cut resistant (10 total) Arial 900 New System Bundle w/ Server Arial Client Software WanderGuard Blue to Arial Integration (SMA Only) Arial Repertear ES (3ea) Bronze Tier Support and Maintenance Agreement Installation of system Warranty Start date when system goes live Delivery shall be provided no later than 30 days after receipt of order (ARO). FOB: Destination Place of Performance/Place of Delivery Address: VA Long Beach Tibor Rubin VA Medical Center Major Projects 5901 E. 7th Street Bldg. 149 Long Beach, CA Postal Code: 90822-5201 Country: UNITED STATES The full text of FAR provisions or clauses may be accessed electronically at FAR | Acquisition.GOV. The following solicitation provisions apply to this acquisition: FAR 52.212-1, Instructions to Offerors Commercial Products and Commercial Services ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) 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 version of FAR 52.212-1 in the addendum is tailored for Simplified Acquisition Procedures and supersedes the current version of FAR 52.212-1 contained in the FAR. The following provision is incorporated into 52.212-1 as an addendum to this solicitation: 52.212-1 Instructions to Offerors Commercial Products and Commercial Services (SEP 2023) (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition (1)Is set aside for small business and has a value above the simplified acquisition threshold; (2)Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or (3)Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value. (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 Federal Acquisition Regulation (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 FAR subpart 4.10), or alternative commercial products or commercial services 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 Federal specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://assist.dla.mil. (ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained from the address in paragraph (i)(1)(i) of this provision. (2) Most unclassified Defense specifications and standards may be downloaded from the ASSIST website at https://assist.dla.mil. (3) Defense documents not available from the ASSIST website may be requested from the Defense Standardization Program Office by (i) Using the ASSIST feedback module ( https://assist.dla.mil/ feedback); or (ii) Contacting the Defense Standardization Program Office by telephone at 571 767 6688 or email at assisthelp@dla.mil. (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 that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) 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 FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov 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 www.sam.gov for establishing the unique entity identifier. (k) [Reserved] (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 products, the make and model of the product 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) FAR 52.212-3, Offerors Representations and Certifications Commercial Products and Commercial Services Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal in accordance with FAR 52.212-3, Offerors Representations and Certifications Commercial Products and Commercial Services. If paragraph (j) of the provision is applicable, a written submission is required. Applicable VAAR Provisions 852.203-70 Commercial Advertising (MAY 2018) The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor's products or services or considers the Contractor's products or services superior to other products or services. (End of provision) 852.212-71 Gray Market and Counterfeit Items (FEB 2023) (a) No used, refurbished, or remanufactured supplies or equipment/parts shall be provided. This procurement is for new Original Equipment Manufacturer (OEM) items only. No gray market items shall be provided. Gray market items are OEM goods intentionally or unintentionally sold outside an authorized sales territory or sold by non-authorized dealers in an authorized sales territory. (b) No counterfeit supplies or equipment/parts shall be provided. Counterfeit items include unlawful or unauthorized reproductions, substitutions, or alterations that have been mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified item from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitutions include used items represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics. (c) Vendor shall be an OEM, authorized dealer, authorized distributor, or authorized reseller for the proposed equipment/system, verified by an authorization letter or other documents from the OEM. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions. (End of provision) The following contract clauses apply to this acquisition: FAR 52.212-4, Contract Terms and Conditions Commercial Products and Commercial Services (DEC 2022) Contract Terms and Conditions Commercial Products and Commercial Services (Dec 2022) (a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights- (1) Within a reasonable time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act ( 31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. (d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. (e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. (f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include- (i) Name and address of the Contractor; (ii) Invoice date and number; (iii) Contract number, line item number a...
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- Place of Performance
- Address: VA Long Beach Tibor Rubin VA Medical Center Major Projects 5901 E. 7th Street Bldg. 149, Long Beach 90822-5201, USA
- Zip Code: 90822-5201
- Country: USA
- Zip Code: 90822-5201
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