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Contract Opportunity Combined Synopsis/Solicitation Notice * * * * * * * PRODUCT SERVICE CODE SUBJECT CONTRACTING OFFICE'S ZIP-CODE SOLICITATION NUMBER RESPONSE DATE/TIME/ZONE ARCHIVE DAYS AFTER THE R... Contract Opportunity Combined Synopsis/Solicitation Notice * * * * * * * PRODUCT SERVICE CODE SUBJECT CONTRACTING OFFICE'S ZIP-CODE SOLICITATION NUMBER RESPONSE DATE/TIME/ZONE ARCHIVE DAYS AFTER THE RESPONSE DATE RECOVERY ACT FUNDS SET-ASIDE NAICS CODE CONTRACTING OFFICE ADDRESS POINT OF CONTACT (POC Information Automatically Filled from User Profile Unless Entered) DESCRIPTION * See Attachment AGENCY'S URL URL DESCRIPTION AGENCY CONTACT'S EMAIL ADDRESS EMAIL DESCRIPTION ADDRESS POSTAL CODE COUNTRY ADDITIONAL INFORMATION GENERAL INFORMATION PLACE OF PERFORMANCE * = Required Field Contract Opportunity Combined Synopsis/Solicitation Notice 6350 Syracuse VAMC Access Control and Security Upgrades Last Updated: 7/10/2020 Actionable Package: Current Status/Phase: 14227 36C24220Q0967 07-29-2020 10AM EASTERN TIME, NEW YORK, USA 45 N 334290 Department of Veterans Affairs Network Contracting Office (NCO) 2 2875 Union Road Suite 3500 Cheektowaga NY 14227 CONTRACTING OFFICER IDALIA ALGARIN IDALIA.ALGARIN@VA.GOV 7116-862-7461 X 22395 716-684-0474 SYRACUSE VAMC 800 IRVING AVENUE SYRACUSE NY 13210 USA Combined Synopsis-Solicitation for Commercial Items VHAPM Part 813.106 SAP: Soliciting Competition & Evaluation of Quotations SOP Page 30 of 30 Original Date: 10/12/17 Revision 04 Date: 06/10/20 Page 30 of 30 Description This is a combined synopsis/solicitation for 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 document will not be issued. This solicitation is issued as an RFQ 36C24220Q0967. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular Subpart 12.6 and 13.106. This solicitation is set-aside for Small Businesses. The associated North American Industrial Classification System (NAICS) code for this procurement is 334290 Other Communication Equipment Manufacturing, with a small business size standard of 750. The FSC/PSC is 6350 Miscellaneous Alarm System, Security Detection System. The Syracuse VAMC is seeking to upgrade, install and relocate various closed-circuit digital video recorder, cameras, and PIV access card readers. All interested companies shall provide quotations for the following: Supplies/Services Line Item Description Quantity Unit of Measure Unit Price Total Price The Syracuse VA has requirements to upgrade, install, and relocate various closed-circuit digital video recorders, cameras, and PIV access card readers. Several video cameras are delivering poor quality video and are compromising the safety and security of our facilities. Additionally, several PIV badge access card readers are required to be installed for office locations that host medical professionals that are also employed by other hospitals and, per VA directives, are not allowed to be issued facility keys. These employees and their unhindered facility access are essential to the mission of the Syracuse VA. Statement of Work CCTV, DVR, and PIV Badge Access upgrades and relocations Syracuse VAMC Syracuse, New York Background: The Syracuse VA has requirements to upgrade, install, and relocate various closed-circuit digital video recorders, cameras, and PIV access card readers. Several video cameras are delivering poor quality video and are compromising the safety and security of our facilities. Additionally, several PIV badge access card readers are required to be installed for office locations that host medical professionals that are also employed by other hospitals and, per VA directives, are not allowed to be issued facility keys. These employees and their unhindered facility access are essential to the mission of the Syracuse VA. Note: The C&A requirements do not apply, and that a Security Accreditation Package is not required. Scope of Work: Contractor will be licensed to manipulate, operate, and certify Lenel OnGuard software/hardware. OnGuard is an integrated security management platform designed to run on the existing server. It will manage the database that will determine which of your employees can use a particular entrance and when. Contractor will supply Lenel OnGuard a card access system that provides all of the standard features of a high security building access system and that has been specifically designed for ease of use and installation. Contractor shall connect six (6) new readers to their respective control panel and connect it to the overall system. Contractor is required to furnish PIV proximity readers that will allow authorized card holders to enter the designated areas. Once a valid card is presented at the entrance, the door will unlock allowing entry. Contractor will provide electric lock sets for each of the six (6) single doors. Contractor shall provide three (3) additional readers on the sixth floor in rooms C602, A602 and B604. Contractor shall provide three (3) additional readers on the 7th floor. Due to the fact that existing ports are limited, Contractor will provide an additional control panel for the 7th floor space around what is now A708. The system is priced with the Syracuse VA Hospital providing the drilling and pre-prep work that is needed on each of the door leaves. Contractor shall also include the work needed to extend the closed-circuit television cameras (CCTV) cables within the Behavioral Health Outpatient Clinic. Contractor shall relocate the current digital video recorder from the IT closet (D104) to the Police office (E102). Accordingly, Contractor will extend all applicable and necessary wiring from D104 to E102. Two (2) existing cameras are currently delivering poor quality video and require replacement. Contractor shall replace two (2) analog cameras that are delivering poor quality video with new IR based cameras (Lobby and Parking Lot). The two (2) cameras that Contractor shall replace are located in the patient lobby and parking lot . Contractor shall supply one (1) hospital specific card access locations that will control Cardiology door BG17. Contractor will interface to the panel required to control this reader and certify this reader within the system software. Contractor shall provide the required monitoring points to control the monitoring and security requirements. This reader will be wired (provided by the Syracuse VA) back to a controller within room BG07A. Contractor shall discuss options to control the listed door using a hospital specific PIV proximity reader monitoring room entry with electric door locks. If necessary and requested, Contractor will mount a surface mounted magnetic door contact to monitor the state of the door and a request-to-exit (REX) motion detector to provide proper shunting of the door contact. If the door is compromised or held open without proper authorization, an alarm notification will be sent to OnGuard. Contractor will provide an armored door cord on door BG17. Contractor will ensure that BG17 will have an electric lock set. Contractor will provide the door locks and associated wire transfer equipment. The Syracuse VA will install all door components. Ber-National Controls will mount the card readers and perform all final wiring at the panel, as well as system software changes to commission the respective door(s). Contractor shall test the functionality of all replaced equipment upon completion of replacement. The functionality test should ensure that installed, upgraded, or relocated parts have been successfully repaired/replaced/relocated and all functions are fully operational. The contract period of performance is 60 days ARO. FOB Destination: Syracuse VAMC Place of Performance/Place of Delivery Address: 800 Irving Avenue Postal Code: 13210 Country: UNITED STATES The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html. The following solicitation provisions apply to this acquisition: FAR 52.212-1, Instructions to Offerors-Commercial Items (Jun 2020)      (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 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; 36C24220Q0967           (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 email address; idalia.algarin@va.gov    (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;             (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, SW Washington, DC 20407 Telephone (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 ( https://assist.dla.mil/online/start/).            (ii) Quick Search ( http://quicksearch.dla.mil/).      (iii) ASSISTdocs.com (http://assistdocs.com).    (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 (https://assist.dla.mil/wizard/index.cfm);       (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 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 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) FAR 52.212-3, Offeror Representations and Certifications-Commercial Items (Jun 2020)        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 Items. If paragraph (j) of the provision is applicable, a written submission is required. The following contract clauses apply to this acquisition: FAR 52.212-4, Contract Terms and Conditions Commercial Items (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 acc...