Inactive Service-Disabled Veteran-Owned Small Business (SDVOSB) Set-Aside (FAR 19.14)

Solicitation Number:  36C10G24R0033  Notice Type:  Combined Synopsis/Solicitation   Synopsis:  COMBINED SYNOPSIS/SOLICITATION  This is a combined synopsis/solicitation for brand name or e... Solicitation Number:  36C10G24R0033  Notice Type:  Combined Synopsis/Solicitation   Synopsis:  COMBINED SYNOPSIS/SOLICITATION  This is a combined synopsis/solicitation for brand name or equal commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. Solicitation number 36C10G24R0033 is issued for this combined synopsis/solicitation; this solicitation is being issued as a Request for Proposal (RFP). This combined synopsis/solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2024-05, dated 22 May 2024. Requirement Description: VA has a requirement to purchase Monitor PACS & Radiology Reading System to deliver patient care at its VA Medical Centers around the country. Monitor PACS & Radiology Reading System: which are also called medical image high-definition video monitors are designed to display electronic images with a definition that is high enough for examination and diagnosis interpretation of most medical images (e.g., radiographic, ultrasonic, MRI). These devices are used either in real time as the images are captured via a dedicated video camera; or more frequently, from a digital computerized information system/workstation. Monitor PACS & Radiology Reading System process the video signal to a screen (e.g., liquid crystal display (LCD) or plasma) which displays the electronic image. These radiology monitors display images for medical examination with a resolution that is full high definition (1080 pixels of vertical resolution, i.e., 1920 X 1080 pixels) or better. A single award Requirements contract will be awarded IAW FAR 52.211-6 Brand Name or Equal in accordance with all terms, conditions, provisions, specifications, and schedule of this solicitation herein. Quotes shall contain the terms for cost/price and technical capabilities of the brand name or equal equipment. The Government reserves the right to award without discussions.  The associated North American Industrial Classification System (NAICS) code for this procurement is 334118 Computer Terminal and Other Computer Peripheral Equipment Manufacturing, Product Service Code: 6525 Imaging Equipment and Supplies, and the associated size standard is 1000 employees. This procurement action is a 100% Service-Disabled Veteran Owned Small Businesses (SDVOSB) set aside. This acquisition is for a single award Requirements contract in accordance with FAR Part 16.5 for Double Black Imaging® brand name or equal Monitor PACS & Radiology Reading System as identified in ATTACHMENT A PRICE COST SCHEDULE - NX EQ MONITOR PACS & RADIOLOGY READING SYSTEM. All interested companies shall provide a quote for all Contract Line-Item Numbers (CLINs) listed in ATTACHMENT A PRICE COST SCHEDULE - NX EQ MONITOR PACS & RADIOLOGY READING SYSTEM The ordering period is for one 12-month base year with four 12-month option years. Delivery is FOB destination. Firm-Fixed Price Orders will be placed against this contract in writing and will provide the delivery locations, delivery dates and exact quantities.  The FAR provision at 52.212-1, Instructions to Offerors Commercial, applies to this acquisition including attached addenda to the provision as identified in ATTACHMENT D SOLICITATION PROVISION NX EQ MONITOR PACS & RADIOLOGY READING SYSTEM The FAR provision at 52.212-2, Evaluation -- Commercial Items, and the specific evaluation criteria as attached addenda as identified in ATTACHMENT D SOLICITATION PROVISION NX EQ MONITOR PACS & RADIOLOGY READING SYSTEM also applies to this acquisition. The Offeror is to include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items, with its offer. Clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition and a statement regarding any addenda to the clause. Addendum is attached as identified in ATTACHMENT C CONTRACT CLAUSES NX EQ MONITOR PACS & RADIOLOGY READING SYSTEM. Clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items, applies to this acquisition and a statement regarding which, if any, of the additional FAR clauses cited in the clause are applicable to the acquisition. Addendum is attached as identified in ATTACHMENT C CONTRACT CLAUSES NX EQ MONITOR PACS & RADIOLOGY READING SYSTEM All interested quoters must be registered in the System for Award Management (SAM) prior to submitting a quote. You may access SAM at https://sam.gov/SAM/. Questions regarding this combined synopsis/solicitation are due via email by 4:30PM Eastern Daylight Time (EDT) on August 23, 2024, to Contract Specialist, Jalima Jones at Jalima.Jones@va.gov and Contracting Officer, William Milline at William.Milline@va.gov No calls will be accepted. Quotes are due via email by 4:30PM EDT on September 04, 2024, to Contract Specialist, Jalima Jones at Jalima.Jones@va.gov and Contracting Officer, William Milline at William.Milline@va.gov SCOPE OF WORK   The Veterans Health Administration (VHA) Non-Expendable Equipment National Program has identified the Monitor PACS & Radiology Reading System product line as a candidate for a VA-wide (otherwise referred to as national ) single Requirements contract award.  Monitor PACS & Radiology Reading System which are also called medical image high-definition video monitors are designed to display electronic images with a definition that is high enough for examination and diagnosis interpretation of most medical images (e.g., radiographic, ultrasonic, MRI). These devices are used either in real time as the images are captured via a dedicated video camera; or more frequently, from a digital computerized information system/workstation. Monitor PACS & Radiology Reading System process the video signal to a screen (e.g., liquid crystal display (LCD) or plasma) which displays the electronic image. These radiology monitors display images for medical examination with a resolution that is full high definition (1080 pixels of vertical resolution, i.e., 1920 X 1080 pixels) or better. The Contractor must demonstrate the ability to meet all requirements for the solicitation. The objective is to provide Monitor PACS & Radiology Reading System to be used by clinicians throughout the VA medical centers and facilities. The period of performance is for one 12-month base period with four 12-month option periods. 2.  REQUIREMENT  This requirement will be IAW FAR clause 52.211-6, Brand Name or Equal which requires the offeror indicate that each product being offered as an equal product to the Double Black Imaging® or equal, Monitor PACS & Radiology Reading System. For each equal product, the offeror must include a description reflecting the salient characteristics (SC) and level of quality that will satisfy the salient physical, functional, or performance characteristics of the equal product(s) specified in the solicitation. The offeror must also clearly identify the item by brand name (if any) and make/model number. Finally, the offeror must include descriptive literature, such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer, and clearly describe any modifications it plans to make to a product to make it conform to the solicitation requirements. The following line items comprise the Monitor PACS & Radiology Reading System product line: Contract Line Item# Brand Part Number Description 0001 Double Black Imaging C3MPL Single head 3MP High Bright Color LED Backlit display, (1) 21.3" display, 2048 x 1536 resolution, 1100 cd/m2 minimum Brightness, 600 cd/m2 Min calibrated brightness, 1800:1 contrast ratio, DVI and DisplayPort inputs, Embedded Front sensor for Auto DICOM Calibration, no graphics controller. CFS Local agent and CFS web management software included with email alerting and reporting. Remote Installation and training included. 5 years advance hot swap included 5-year warranty without limit to backlight hours or brightness included. 0002 Double Black Imaging C3MPL-2 Dual head 3MP High Bright Color LED Backlit display, (2) 21.3" displays, 2048 x 1536 resolution, 1100 cd/m2 minimum Brightness, 600 cd/m2 Min calibrated brightness, 1800:1 contrast ratio, DVI and DisplayPort inputs, Embedded Front sensor for Auto DICOM Calibration, no graphics controller. CFS Local agent and CFS web management software included with email alerting and reporting. Remote Installation and training included. 5 years advance hot swap included 5-year warranty without limit to backlight hours or brightness included. 0003 Double Black Imaging C3MPL-4 Matched set Quad head 3MP High Bright Color LED Backlit display, (4) 21.3" displays, 2048 x 1536 resolution, 1100 cd/m2 minimum Brightness, 600 cd/m2 Min calibrated brightness, 1800:1 contrast ratio, DVI and DisplayPort inputs, Embedded Front sensor for Auto DICOM Calibration, no graphics controller. CFS Local agent and CFS web management software included with email alerting and reporting. Remote Installation and training included. 5 years advance hot swap included 5-year warranty without limit to backlight hours or brightness included. 0004 Double Black Imaging C3MPL-1T1K8G Single head 3MP High Bright Color LED Backlit display with graphic controller, (1) 21.3" display, 2048 x 1536 resolution, 1100 cd/m2 minimum Brightness, 600 cd/m2 Min calibrated brightness, 1800:1 contrast ratio, DVI and DisplayPort inputs, Embedded Front sensor for Auto DICOM Calibration, 8GB Minimum Graphic controller, PCI-e 3.0 x16, Display Port or mini Display Port. CFS Local agent and CFS web management software included with email alerting and reporting. Remote Installation and training included. 5 years advance hot swap included 5-year warranty without limit to backlight hours or brightness included. 0005 Double Black Imaging C3MPL-2T1K8G Dual head 3MP High Bright Color LED Backlit display with graphic controller, (2) 21.3" displays, 2048 x 1536 resolution, 1100 cd/m2 minimum Brightness, 600 cd/m2 Min calibrated brightness, 1800:1 contrast ratio, DVI and DisplayPort inputs, Embedded Front sensor for Auto DICOM Calibration, 8GB Minimum Graphic controller, PCI-e 3.0 x16, Display Port or mini Display Port. CFS Local agent and CFS web management software included with email alerting and reporting. Remote Installation and training included. 5 years advance hot swap included 5-year warranty without limit to backlight hours or brightness included. 0006 Double Black Imaging C3MPL-4T1K8G Quad head 3MP High Bright Color LED Backlit display with graphic controller, (4) 21.3" displays, 2048 x 1536 resolution, 1100 cd/m2 minimum Brightness, 600 cd/m2 Min calibrated brightness, 1800:1 contrast ratio, DVI and DisplayPort inputs, Embedded Front sensor for Auto DICOM Calibration, 8GB Minimum Graphic controller, PCI-e 3.0 x16, Display Port or mini Display Port. CFS Local agent and CFS web management software included with email alerting and reporting. Remote Installation and training included. 5 years advance hot swap included 5-year warranty without limit to backlight hours or brightness included. 0007 Double Black Imaging CL8MPS32C Single head 8MP Color LED Backlit display, (1) 31.5" display, 3480 x 2160 resolution, 450 cd/m2 Brightness, 350 cd/m2 Min calibrated brightness, 1300:1 contrast ratio, DisplayPort inputs, Front sensor for Auto DICOM Calibration, No Graphic controller. CFS Local agent and CFS web management software included with email alerting and reporting. Remote Installation and training included. 5 years advance hot swap included 5-year warranty without limit to backlight hours or brightness included. 0008 Double Black Imaging CL8MPS32C-1T1K Single head 8MP Color LED Backlit display with graphic controller, (1) 31.5" display, 3480 x 2160 resolution, 450 cd/m2 Brightness, 350 cd/m2 Min calibrated brightness, 1300:1 contrast ratio, DisplayPort inputs, Front sensor for Auto DICOM Calibration, 4GB Minimum Graphic controller, PCI-e 3.0 x16, Display Port or mini Display Port. CFS Local agent and CFS web management software included with email alerting and reporting. Remote Installation and training included. 5 years advance hot swap included 5-year warranty without limit to backlight hours or brightness included. 0009 Double Black Imaging C8MPG+ Single head 8MP High Bright Color LED Backlit display, (1) 31.5" display, 3480 x 2160 resolution, 1000 cd/m2 minimum Brightness, 600 cd/m2 Min calibrated brightness, 2000:1 contrast ratio, DisplayPort inputs, Front sensor for Auto DICOM Calibration, No Graphic controller. CFS Local agent and CFS web management software included with email alerting and reporting. Remote Installation and training included. 5 years advance hot swap included 5-year warranty without limit to backlight hours or brightness included. 0010 Double Black Imaging C8MPG+-1T1K8G Single head 8MP High Bright Color LED Backlit display with graphic controller, (1) 31.5" display, 3480 x 2160 resolution, 1000 cd/m2 minimum Brightness, 600 cd/m2 Min calibrated brightness, 2000:1 contrast ratio, DisplayPort inputs, Front sensor for Auto DICOM Calibration, 8GB Minimum Graphic controller, PCI-e 3.0 x16, Display Port or mini Display Port. CFS Local agent and CFS web management software included with email alerting and reporting. Remote Installation and training included. 5 years advance hot swap included 5-year warranty without limit to backlight hours or brightness included. 0011 Double Black Imaging C5MPL Single head 5MP High Bright Color LED Backlit display, (1) 21.3" display, 2560 x 2048 resolution, 1150 cd/m2 minimum Brightness, 700 cd/m2 Min calibrated brightness, 2000:1 contrast ratio, FDA Cleared for Mammo/DBT, DVI and DisplayPort inputs, Embedded Front sensor for Auto DICOM Calibration, no graphics controller. CFS Local agent and CFS web management software included with email alerting and reporting. Remote Installation and training included. 5 years advance hot swap included 5-year warranty without limit to backlight hours or brightness included. 0012 Double Black Imaging C5MPL-2 Matched set Dual head 5MP High Bright Color LED Backlit display, (2) 21.3" displays, 2560 x 2048 resolution, 1150 cd/m2 minimum Brightness, 700 cd/m2 Min calibrated brightness, 2000:1 contrast ratio, FDA Cleared for Mammo/DBT, DVI and DisplayPort inputs, Embedded Front sensor for Auto DICOM Calibration, no graphics controller. CFS Local agent and CFS web management software included with email alerting and reporting. Remote Installation and training included. 5 years advance hot swap included 5-year warranty without limit to backlight hours or brightness included. 0013 Double Black Imaging C5MPL-4 Quad head 5MP High Bright Color LED Backlit display, (4) 21.3" displays, 2560 x 2048 resolution, 1150 cd/m2 minimum Brightness, 700 cd/m2 Min calibrated brightness, 2000:1 contrast ratio, FDA Cleared for Mammo/DBT, DVI and DisplayPort inputs, Embedded Front sensor for Auto DICOM Calibration, no graphics controller. CFS Local agent and CFS web management software included with email alerting and reporting. Remote Installation and training included. 5 years advance hot swap included 5-year warranty without limit to backlight hours or brightness included. 0014 Double Black Imaging C5MPL-1T1K8G Single head 5MP High Bright Color LED Backlit display, (1) 21.3" display, 2560 x 2048 resolution, 1150 cd/m2 minimum Brightness, 700 cd/m2 Min calibrated brightness, 2000:1 contrast ratio, FDA Cleared for Mammo/DBT, DVI and DisplayPort inputs, Embedded Front sensor for Auto DICOM Calibration, no graphics controller. CFS Local agent and CFS web management software included with email alerting and reporting. Remote Installation and training included. 5 years advance hot swap included 5-year warranty without limit to backlight hours or brightness included. 0015 Double Black Imaging C5MPL-2T1K8G Matched set Dual head 5MP High Bright Color LED Backlit display with graphic controller, (2) 21.3" displays, 2560 x 2048 resolution, 1150 cd/m2 minimum Brightness, 700 cd/m2 Min calibrated brightness, 2000:1 contrast ratio, FDA Cleared for Mammo/DBT, DVI and DisplayPort inputs, Embedded Front sensor for Auto DICOM Calibration, 8GB Minimum Graphic controller, PCI-e 3.0 x16, Display Port or mini Display Port. CFS Local agent and CFS web management software included with email alerting and reporting. Remote Installation and training included. 5 years advance hot swap included 5-year warranty without limit to backlight hours or brightness included. 0016 Double Black Imaging C5MPL-4T1K8G Matched set Quad head 5MP High Bright Color LED Backlit display with graphic controller, (4) 21.3" displays, 2560 x 2048 resolution, 1150 cd/m2 minimum Brightness, 700 cd/m2 Min calibrated brightness, 2000:1 contrast ratio, FDA Cleared for Mammo/DBT, DVI and DisplayPort inputs, Embedded Front sensor for Auto DICOM Calibration, 8GB Minimum Graphic controller, PCI-e 3.0 x16, Display Port or mini Display Port. CFS Local agent and CFS web management software included with email alerting and reporting. Remote Installation and training included. 5 years advance hot swap included 5-year warranty without limit to backlight hours or brightness included. 0017 Double Black Imaging M5MPn Matched set Dual head 5MP High Bright Monochrome LED Backlit display, (2) 21.3" displays, 2560 x 2048 resolution, 1200 cd/m2 minimum Brightness, 700 cd/m2 Min calibrated brightness, 1000:1 contrast ratio, FDA Cleared for Mammo/DBT, DVI and DisplayPort inputs, Embedded Front sensor for Auto DICOM Calibration, no graphic card. CFS Local agent and CFS web management software included with email alerting and reporting. Remote Installation and training included. 5 years advance hot swap included 5-year warranty without limit to backlight hours or brightness included. 0018 Double Black Imaging M5MPn-2 Matched set Dual head 5MP High Bright Monochrome LED Backlit display with graphic card, (2) 21.3" displays, 2560 x 2048 resolution, 1200 cd/m2 minimum Brightness, 700 cd/m2 Min calibrated brightness, 1000:1 contrast ratio, FDA Cleared for Mammo/DBT, DVI and DisplayPort inputs, Embedded Front sensor for Auto DICOM Calibration, 8GB Minimum Graphic controller, PCI-e 3.0 x16, Display Port or mini Display Port. CFS Local agent and CFS web management software included with email alerting and reporting. Remote Installation and training included. 5 years advance hot swap included 5-year warranty without limit to backlight hours or brightness included. 0019 Double Black Imaging C12MPG Single Head 12MP High Bright Color LED Backlit display, (1) 31" display, 4200 x 2800 resolution, must also support 6MP Resolution - 3280 x 2048, 1080 cd/m2 minimum Brightness, 700 cd/m2 Min calibrated brightness, 1500:1 contrast ratio, FDA Cleared for Mammo/DBT, (2) DisplayPort inputs, Embedded Front sensor for Auto DICOM Calibration, no graphic card. CFS Local agent and CFS web management software included with email alerting and reporting. Remote Installation and training included. 5 years advance hot swap included 5-year warranty without limit to backlight hours or brightness included. 0020 Double Black Imaging C12MPG-1DBRTXA45 Single Head 12MP High Bright Color LED Backlit display with graphic controller, (1) 31" display, 4200 x 2800 resolution, Must also support 6MP Resolution - 3280 x 2048, 1080 cd/m2 minimum Brightness, 700 cd/m2 Min calibrated brightness, 1500:1 contrast ratio, FDA Cleared for Mammo/DBT, (2) DisplayPort inputs, Embedded Front sensor for Auto DICOM Calibration,20GB minimum graphic controller, PCI-e 4.0 x16, 4x DisplayPort Controller, 2 slot. CFS Local agent and CFS web management software included with email alerting and reporting. Remote Installation and training included. 5 years advance hot swap included 5-year warranty without limit to backlight hours or brightness included. 0021 Double Black Imaging CL24L 24 Clinical Review Display, (1) 24" LED backlit display, 1920 x 1200 resolution, 430 cd/m2 brightness, display port and DVI input, Front sensor, 3 years advance hot swap included 3-year warranty without limit to backlight hours or brightness included 0022 Double Black Imaging CL8MPS 27" Clinical review LED backlit display, (1) 27" display, 3840 x 2160 resolution, 350 cd/m2 minimum brightness, HDMI and display port inputs, 3 years advance hot swap included 3-year warranty without limit to backlight hours or brightness included The Department of Veterans Affairs (VA) is seeking SDVOSB vendors who can provide Double Black Imaging® brand name or equal Monitor PACS & Radiology Reading System as listed above which meet all the following salient characteristics The Government intends for offerors to include all ancillary items, to ensure the equipment can function as designed by the Original Equipment Manufacturer (OEM) and as clinically required. Products quoted in the technical volume must be captured on the Vendor s pricing volume (Attachment A - Price Cost Schedule) of the solicitation. Additionally, responses can include any additional product and other product-related services necessary to obtain the supplies as required that may be beneficial and essential to the functionality of the proposed solution. These items must be clearly identified by brand name and part number. When offerors include their additional proposed product items/services, these items may be considered for evaluation, and must be captured in the vendor s pricing volume with an estimated quantity of zero. SC # SALIENT CHARACTERISTICS METHOD OF EVALUATION APPLICABLE CLINs PAGE # WHERE SC IS FOUND IN TECHNICAL LITERATURE SC 1 Be designed to operate with PACS systems Literature Review 0001-0017 SC # SALIENT CHARACTERISTICS METHOD OF EVALUATION APPLICABLE CLINs PAGE # WHERE SC IS FOUND IN TECHNICAL LITERATURE SC 2 Must have a color display Literature Review 0001-0004 SC 3 Monitors must be FDA510(k) certified Literature Review 0001-0004 SC # SALIENT CHARACTERISTICS METHOD OF EVALUATION APPLICABLE CLINs PAGE # WHERE SC IS FOUND IN TECHNICAL LITERATURE SC 4 Have display or graphic controllers as part of the configuration. Literature Review 0002, -0004 and 0014 SC # SALIENT CHARACTERISTICS METHOD OF EVALUATION APPLICABLE CLINs PAGE # WHERE SC IS FOUND IN TECHNICAL LITERATURE SC 5 Have Diagnostic imaging technology that ensures images quality Literature Review 0018-0021 Vendors may quote any product solution or configuration so long as they meet the salient characteristics. Products quoted in the technical volume must be captured on the Vendor s pricing volume (Attachment A, Price Cost Schedule) of the solicitation. Vendors may quote any additional ancillary products which they deem to be essential to the functionality of the proposed solution; these items must be captured in the Vendor s pricing volume with a quantity of zero.  3. PRODUCT REFRESH Product refresh is when a current CLIN is no longer being manufactured due to obsolescence and the product item is being replaced with a newer, and more often, a superior version of the same item. The current CLIN product will be revised to reflect the refreshed product information, manufacturer s part number, price (inclusive of Service Level Agreement (SLA) fee), etc. The Government reserves the right to not accept the products offered under product refresh. The contractor will be notified in writing if a product refresh is not accepted. All products offered shall be provided with the warranty that is agreed upon for this contract. The contractor agrees to ensure that all upgraded improved/replaced products meet American with Disabilities Act (ADA) and Health Information Portability and Accountability Act (HIPAA) Federal requirements. The contractor shall provide the COR and CO the following information for product refresh: (1) A list of specific awarded item(s) being refreshed in the Price/Cost Schedule (to include commercial pricing, discount offered, and price (inclusive of SLA fee)); (2) Product literature for the item(s) refreshed. (3) A detailed description of the differences or benefits of refreshed as compared to the item(s) being discontinued or added. (4) Proper identification of any product requirements and/or procedures related to those product(s) proposed to be refreshed or upgraded. (5) FDA approval, if applicable (6) Provide historical sales to VA by item(s), if applicable (7) Copy of Commercial Warranty. The request shall be submitted to the COR, copy to the Contract Specialist and Contracting Officer, for review and recommendation of approval to be submitted to the CO. The CO shall prepare a bilateral modification for execution. 4. PRODUCT REMOVAL OR RECALL For any product awarded under this contract removed or recalled by the manufacturer due to defects in the product or potential dangers to patients, or if any required removal or recall is suggested or mandated by a regulatory or official agency, the manufacturer agrees to take following steps immediately: Notify the Contracting Officer (CO) at the Strategic Acquisition Center in writing, by the most expeditious manner possible. Provide copies of the notification to CO, Contracting Specialist, Contracting Officer Representative, and Manager at Product Recall Office, all Agencies and VA Facilities who purchased the product, which include, but not be limited to the following: (1) Complete item description and/or identification, order numbers from customers and the contract number assigned as a result of an issuance on the solicitation; (2) Reasons for modifications, removal or recall; and (3) Necessary instructions for return for credit, replacement or corrective action. A copy of the notification will be provided to: Manager, Product Recall Office National Center for Patient Safety Veterans Health Administration 24 Frank Lloyd Wright Drive, Lobby M Ann Arbor, MI 48106 5. DATA RIGHTS Commercial license agreements may be made a part of this Contract/Order but only if both parties expressly make them an addendum hereto, as permitted by FAR 12.212. If the commercial license agreement is not made an addendum, it shall not apply, govern, be a part of or have any effect whatsoever on the Contract/Order; this includes, but is not limited to, any agreement embedded in the computer software (clickwrap), any agreement that is otherwise delivered with or provided to the Government with the commercial computer software or documentation (shrinkwrap), or any other license agreement otherwise referred to in any document. If a commercial license agreement is made an addendum, only those provisions addressing data rights regarding the Government s use, duplication and disclosure of data (e.g., restricted computer software) are included and made a part of this Contract/Order, and only to the extent that those provisions are not duplicative or inconsistent with Federal law, Federal regulation, the incorporated FAR clauses and the provisions of this Contract/Order; those provisions in the commercial license agreement that do not address data rights regarding the Government s use, duplication and disclosure of data shall not be included or made a part of the Contract/Order. Federal law and regulation including, without limitation, the Contract Disputes Act (41 U.S.C. § 7101 et seq.), the Anti-Deficiency Act (31 U.S.C. § 1341 et seq.), the Competition in Contracting Act (41 U.S.C. § 3301 et seq.), the Prompt Payment Act (31 U.S.C. § 3901 et seq.), Contracts for Data Processing or Maintenance (38 USC § 5725), and FAR clauses 52.212-4, 52.227-14, 52.227-19 shall supersede, control, and render ineffective any inconsistent, conflicting, or duplicative provision in any commercial license agreement. In the event of conflict between this clause and any provision in the Contract/Order or the commercial license agreement or elsewhere, the terms of this clause shall prevail. The Contractor shall deliver to the Government all data first produced under this Contract/Order with unlimited rights as defined by FAR 52.227-14. Claims of patent or copyright infringement brought against the Government as a party shall be defended by the U.S. Department of Justice (DOJ) in accordance with 28 U.S.C. § 516; at the discretion of DOJ, the Contractor may be allowed reasonable participation in the defense of the litigation. Any additional changes to the Contract/Order must be made by modification (Standard Form 30) and shall only be made by a warranted Contracting Officer. Nothing in this Contract/Order or any commercial license agreement shall be construed as a waiver of sovereign immunity. The following attachments are incorporated by reference. All criteria outlined in the attachments are applicable to this combined synopsis/solicitation.Â