2. 36C25621Q0740.pdf

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

Patient Lifts

39157

36C25621Q0740

05-18-2021 12:00 CENTRAL TIME, CHICAGO, USA

N

SDVOSBC

339113

Department of Veterans Affairs Network Contracting Office 16

715 S. Pear Orchard Rd.

Ridgeland, MS 39157

Contracting Officer Jeneice McClinton jeneice.mcclinton@va.gov

(802) 715-3797

G.V. (Sonny) Montgomery VA Medical Center

1500 W. Woodrow Wilson Drive Jackson Mississippi

39157

US

https://beta.sam.gov/

Contract Opportunities

Combined Synopsis/Solicitation: 36C25621Q0740 – Patient Lifts for G.V. (Sonny) Montgomery VA Medical Center located in Jackson, Mississippi.

1. 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. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

2. The combined synopsis solicitation number is 36C25621Q0740. It is issued as a Request for Quote (RFQ). The government anticipates awarding one firm-fixed price contract resulting from this solicitation.

3. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2021-05 (eff. 03/10/2021).

4. This requirement is set-aside for Service-Disabled Veteran-Owned Small Businesses (SDVOSBs). The North American Industry Classification System (NAICS) number is 339113 with a size standard of 750.

5. The Department of Veterans Affairs Medical Center in Jackson, Mississippi is seeking to purchase Patient Lifts for the G.V. (Sonny) Montgomery VA Medical Center. The Contractor shall furnish all labor, materials, parts, equipment, tools, transportation/travel, factory-trained personnel, management, and supervision required to provide patient lifts in accordance with (IAW) manufacturer's specifications, applicable codes and standards as outlined in the Performance Work Statement.

6. Place of Delivery:

G.V. (Sonny) Montgomery VA Medical Center 1500 E. Woodrow Wilson Drive Jackson, Mississippi 39216

7. Delivery shall be provided no later than 30 days after receipt of order (ARO). FOB Destination

8. A complete description of the equipment/service to be acquired, and/or applicable government need(s) are as follows:

See Attached 36C25621Q0740

Contracting Office:

Department of Veterans Affairs Regional Procurement Office Central Network Contracting Office (NCO) -16 715 S. Pear Orchard Rd.

Ridgeland, Mississippi 39157

Contract Specialist:

Jeneice McClinton

Point of Contact (POC) Information:

Email: jeneice.mcclinton@va.gov mailto:jeneice.mcclinton@va.gov

Quotes in response to this RFQ are due at 12:00 PM Central Standard Time, May 18, 2021. Quotes shall be submitted in writing and sent via email to jeneice.mcclinton@va.gov . Please insert “Solicitation 36C25621Q0740 Patient Lifts” in the subject line of your email. Questions regarding this solicitation shall be submitted via email to Contract Specialist, Jeneice McClinton at jeneice.mcclinton@va.gov no later than 12:00 PM Central Standard Time on May 14, 2021. If questions are received, an amendment to this combined synopsis/solicitation will be posted with all questions and answers.

Completing a Quote for Submittal:

1) The Quoter shall complete Section B.1 Contract Administration and provide the name, title, address, email address and telephone number of the company/division point of contact regarding business decisions made with respect to the quote and who can contractually obligate the company. The quoter shall identify those individuals authorized to negotiate with the government.

2) The quoters shall submit a price for all Contract Line Item Number (CLIN) of the solicitation that are annotated in Section B.2 Price/Cost Schedule. The proper format consists of Quantity*Unit Price=Amount/Net Amount. In the event there is a deficiency in the calculation, the Unit Price will be held to the intended price multiplied by the Quantity. If the quoter shows only the Amount/Net Amount, but fails to enter a Unit Price, the Amount/Net Amount divided by the Quantity will be held to be the intended price.

3) The provision at FAR 52.212-1, Addendum to Instructions to Quoters-Commercial, applies to this acquisition.

4) The provision at FAR 52.212-2, Addendum Evaluation-Commercial Items applies to this acquisition.

See FAR 52.212-2 Addendum for additional information.

5) Please refer to 36C25621Q0740, FAR 52.212-1 Addendum and FAR 52.212-2 Addendum for information in this section. In the event this information conflicts with FAR 52.212-1 Addendum or FAR 52.212-2 Addendum, the information in FAR 52.212-1 Addendum or FAR 52.212-2 Addendum shall take precedence.

6) All service shall be performed in accordance with the Performance Work Statement (PWS) and 36C25621Q0740.

7) Quoters must submit both Technical and Price volumes, See FAR Clause 52.212-2 Addendum for basis for award.

8) All quotes shall remain valid for 120 calendar days.

Attachment(s):

Combined Synopsis/Solicitation 36C25621Q0740 Attachment A – Corrective and Preventive Maintenance Checklist- Patient Safety Alert AL14-07 Attachment B - Wage Determinations: Hinds County

SECTION B

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR ADMINISTRATOR _______________________________

CONTRACTOR POC NAME: _______________________________

CONTRACTOR POC PHONE NUMBER: _______________________________

CONTRACTOR ADDRESS: _________________________________________

EMAIL ADDRESS: _______________________________

DUNS# ________________________________________

TAX ID# _______________________________________

GSA/FSS, NAC, SEWP Contract # (if applicable) _________________________

b. GOVERNMENT: Contracting Officer 36C256 JENEICE MCCLINTON

Department of Veterans Affairs Network Contracting Office 16 715 S. Pear Orchard Rd.

Ridgeland, MS 39157

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the government to the Contractor will be made in accordance with:

[X] 52.232-33, Payment by Electronic Funds Transfer—System for Award Management

3. INVOICES: Invoices shall be submitted monthly in arrears:

a. Payment for services provided under the terms of this contract will be made within thirty

(30) days after completion of work and upon receipt of a properly executed invoice.

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests. Department of Veterans Affairs

Financial Service Center (FSC) e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO DATE

http://www.fsc.va.gov/fsc/einvoice.asp

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

9.00 EA __________________ __________________

Guldmann Inc. Patient Lifts

The Contractor shall provide all labor, materials, parts, equipment, tools, transportation/travel, factory-trained personnel, management, and supervision required to deliver nine (9) patient lifts, certify installation and perform weight testing at the G.V. Sonny Montgomery VA Medical Center in Jackson, Mississippi as described within the performance work statement (PWS).

Fully loaded labor rate for nonroutine service, parts repairs, and emergencies:

Service Technician: $ Any other Personnel: $

GRAND TOTAL

B.3 PERFORMANCE WORK STATEMENT

1. DESCRIPTION:

1.1 The Contractor shall furnish all labor, materials, parts/supplies, equipment, tools, supervision, trained/certified technicians, and transportation required to purchase and certify installation of nine (9) GH3 Guldmann, Inc. Patient Lifts to securely lift patients on perspective units for transport to other departments within the facility at the G.V. (Sonny) Montgomery VA Medical Center located at 1500 E. Woodrow Wilson Drive, Jackson, Mississippi 39216.

1.2 The Contractor shall provide required weight and function test and correct any deficiencies identified by the test for the nine (9) GH3 Guldmann, Inc. Patient lift systems (see section 2, Equipment Schedule) at the G.V. (Sonny) Montgomery VA Medical Center and in accordance with the Patient Safety Alert AL14-07, (see Attachment A) and manufacturer requirements.

1.3 The Contractor shall provide technical support via telephone, email and world wide web, during normal work hours from 8:00a.m. – 4:30p.m. Central Standard Time, weekdays, no holidays, for the purpose of maintaining and accessing existing software resulting in fully functional and operationally capable as intended by the manufacturer while in support of the Veterans Affairs (VA) mission located at the G.V. (Sonny) Montgomery VA Medical Center located at 1500 E. Woodrow Wilson Drive, Jackson, Mississippi 39216. The Contractor shall not be considered government personnel for any purpose under the contract. Scheduled maintenance and service shall be arranged with the designated Contracting Officer Representative (COR). Contractors shall not be supervised by VA personnel and shall check-in with the designated COR onsite at the beginning of each work day.

2. Equipment Schedule:

Manufacturer: Guldmann Inc.

Equipment Name: GH3+ 550lbs SWL+ Hanger Bar and conversion trolley Item Number: GH3 Ceiling Lift Items: 9

3. CONTRACTOR QUALIFICATIONS:

3.1 Contractor Technical Experience:

i. The Contractor shall demonstrate two (2) years’ technical experience within the last 5 years in maintenance (corrective and/or preventive) and testing services on patient lift equipment performing as the prime contractor in accordance with the Performance Work Statement (PWS). The Contractor shall demonstrate in their technical approach proof of technical training and demonstrate track records of working experience in inspection, testing, maintenance and repair of patient lifts equipment and systems and related components in healthcare, industrial, educational, and commercial facilities performing as the prime.

ii. The Contractor shall submit up to three (3) Contractor technical experience entries performing as the prime Contractor demonstrating two years of technical experience within the past five years from the solicitation due date.

The Contractor technical experience entry shall include:

(a) dollar value,

(b) contract number,

(c) period of performance (year and month),

(d) point of contact (POC) name and title,

(e) POC phone number,

(f) POC email address,

(g) description of the work; and

(h) servicing agency.

Failure to demonstrate two year’s technical experience and submit up to three (3) Contractor technical experience entries performing as the prime Contractor shall result in Contractor’s technical quote as technically unacceptable.

3.2 Contractor Qualifications:

i. The Contractor shall be certified by original equipment manufacturer (OEM) or an authorized vendor, authorized distributor by the manufacturer with approved certification for servicing patient lift equipment and systems.

ii. The Contractor shall submit with technical quote a copy of a current and valid certification by the close of the solicitation date.

iii. The Contractor shall submit a certificate by the manufacturer or evidence of proof verified by an authorization letter on OEM letterhead or other document of valid purchase to obtain supplies and proof of access to software/updates from the OEM.

4. PERSONNEL QUALIFICATIONS: The Contractor shall submit with technical quote a resume to show proof of personnel experience and a copy of a current and valid certification by the close of the solicitation date for any Field Service Engineer Technician(s).

a. Field Service Engineer (FSE) Technical Experience: The FSE technical experience shall include inspection, maintenance (corrective and/or preventive) services on patient lift equipment in accordance with the Performance Work Statement (PWS).

The FSE resume shall demonstrate technical training and demonstrable track records of working experience in inspection, testing, maintenance and repair of patient lifts systems and related components in healthcare, industrial, educational, and commercial facilities for a minimum of two (2) continuous years within the last five (5) years. Corrective and/or preventive services for Guldmann, Inc. GH3 Ceiling Lift systems, including wall mounts, ceiling mounts, hanger bars and B-Mobile body scoops. The Contractor shall demonstrate the FSE’s technical experience by submitting a resume with their technical quote at the solicitation due date. Failure to demonstrate the FSE’s technical experience through a resume shall result in the technical quote being technically unacceptable.

b. Service Technician: The Contractor service technician shall be properly trained and certified staff in maintenance such as service, repair, testing and maintenance of industrial and commercial patient lift systems to perform the proposed work herein the PWS.

i. Service Technician Technical Experience: The Service Technician(s) shall demonstrate 2 years’ technical experience within the last 5 years as a field service engineer having serviced, repaired, test, and maintenance three or more systems in healthcare, industrial, educational, and commercial facilities within three of the last 5 years. Each of these systems shall have successful operation for three years or more. Contractor shall submit the Service Technician(s) resumes with technical quote to demonstrate proof of the Service Technician’s technical experience for all contractor assigned personnel and any replacement personnel for the G.V. (Sonny) Montgomery VA Medical Center. The Contractor shall submit proof of evidence in resume to establish required technical experience and performance level with their quote by the close of the solicitation due date.

ii. Service Technician Qualifications: The Service Technician(s) shall be certified by original equipment manufacturer as certified service technician for servicing patient lift equipment and systems. The Contractor shall submit evidence of certification through certificates verified by an authorization letter on OEM letterhead or other document of valid proof for servicing patient lift equipment and systems of access to software/updates from the OEM with their technical quote at the solicitation due date. The Contractor shall submit with technical quote a copy of a current and valid certification by the close of the solicitation due date.

iii. The Contractor shall submit proof of certification and resume(s) with their technical quote at the solicitation due date. Failure to submit proof of certification and resume(s) shall result in the technical quote as technically unacceptable.

4.1 The Contractor shall submit with their technical quote subcontractor(s) used for this project. Failure to submit subcontractor(s) used for this project shall result in a non-responsive technical quote. The sub-Contractor shall be approved by the CO. The Contractor shall submit any proposed change in subcontractor(s) to the CO for approval/disapproval.

5. Hours of Coverage:

5.1 All work shall be conducted from Monday through Friday, from 8:00am to 4:30pm

Central Standard Time excluding Federal holidays and unless other times are arranged in advance and approved in writing by the COR and Contracting Officer (CO).

5.2 The government hereby provides notice and the Contractor hereby acknowledges receipt that government personnel observe the listed days as holidays:

Federal Holiday Date New Year’s Day January 01 Martin Luther King’s Birthday Third Monday in January President’s Day Third Monday in February Memorial Day Last Monday in May Independence Day July 04 Labor Day First Monday in September Columbus Day Second Monday in October Veteran’s Day November 11 Thanksgiving Day Fourth Thursday in November Christmas Day December 25

5.3 The Federal government will also observe any day specifically declared in the President of the United States or any other day declared by the President of the United States to be a federal holiday. In addition to the days designated as Federal holidays, the government observes the following days:

• Any other day designated by Federal Statute

• Any other day designated by Executive Order

• Any other day designated by the President’s Proclamation

5.4 It is understood and agreed between the government and the Contractor that observance of such days by government personnel shall not otherwise be a reason for an additional period of performance, or entitlement of compensation. In the event the Contractor's personnel work during the holiday, they may be reimbursed by the Contractor, however, no form of holiday or other premium compensation shall be reimbursed either as a direct or indirect cost, other than their normal compensation for the time worked.

6. CONFORMANCE STANDARDS: The Contractor shall ensure that the equipment and system functions in conformance with the latest published edition of NFPA-99, UL, OSHA, VAMC, and CDRH.

7. The following laws, regulations, policies, and procedures, including all subsequent changes or updates apply:

FAR Federal Acquisition Regulation VAAR Veterans Administration Acquisition Regulation Standards All applicable Federal, State, Local and Industry: Laws, Policies and

Standards as applicable to the proper performance of afore and hereafter described.

VA Operational Use Guide and VA Familiarization Guide

8. GLOSSARY:

CO Contracting Officer COR Contracting Officer’s Representative OEM Original Equipment Manufacturer, Guldmann, Inc.

FISMA IT Federal Information Security Management Act OSHA Occupational Safety and Health Administration Business Day: A business day includes the entire 24-hour period ending at midnight, and a notice required by the regulation is effective even if given outside normal business hours.

9. Delivery:

G.V. (Sonny) Montgomery VA Medical Center ATTN: Warehouse 1500 E. Woodrow Wilson Drive Jackson, Mississippi 39216

10. Installation: Contractor shall provide certified staff from the original equipment manufacturer, 3rd party, certified installation (final connection), field testing and certification of the new patient lift equipment GH3 Hoist, hanger, conversion trolley, certified installation and weight load test. Contractor shall contact the designated VA POC, 24 hours before shipment of the equipment. Contractor shall provide equipment and complete installation within 4 weeks of contract award/notice to proceed issued by VA Contracting. Installation shall be coordinated with the VA point of contact (POC) to ensure the overall safety of the system. Prior to installation of the patient lifts, the appropriate power source and Wi-Fi capability shall be installed. The Contractor is responsible for ensuring required power source as hereby within this PWS. The Contractor shall provide and install all necessary replacement parts as required. The Contractor shall ensure full functionality and operation upon installation of patient lifts.

11. SCHEDULED MAINTENANCE: The Contractor shall perform preventive maintenance (PM) service for patient lift equipment listed in Section 2 including Emergency Department and Hemodialysis of this PWS and in accordance with Section 6, Conformance Standards. The Contractor shall provide to the COR an outline of the PM procedures and schedule. The Contractor shall perform PM in accordance with the latest OEM standards and Patient Safety Alert AL14-07.

11.1 GENERAL REQUIREMENTS:

a. Inspections shall be completed by an approved OEM personnel by the manufacturer and certified to inspect each type of lift system as follows: GH3+ 550lbs SWL+ Hanger Bar and conversion trolley.

b. Inspection of structure and function shall meet the manufacturer’s requirements as described in the lift instructions, including moving parts, rollers, bearings, end stops, electrical connections, and clearances. Functional inspection shall include all normal functions of the lift.

NOTE: See ATTACHMENT A “Corrective and Preventive Maintenance Checklist- Patient Safety Alert AL14-07 for Ceiling Mounted Patient Lifts”.

c. The Contractor shall complete Attachment A “Corrective and Preventive Maintenance Checklist- Patient Safety Alert AL14-07 for Ceiling Mounted Patient Lifts” for all lifts inspected under this contract. The Contractor shall provide Attachment A “Corrective and Preventive Maintenance Checklist- Patient Safety Alert AL14-07 for Ceiling Mounted Patient Lifts” form electronically to the designated VA COR at the time of inspection.

d. The Contractor shall ensure each weight test include a full lifting cycle at maximum rated load capacity, with the weights attached appropriately to the hanger bar to test the entire system.

e. The Contractor shall ensure common parts are available to allow contractor personnel to complete required work without clearing the same room multiple times.

f. The Contractor shall test for portable ceiling lift systems (GH3+), each rail/trolley system and each lift system. The Contractor shall ensure hanging of the same lift on multiple rail/trolley systems in succession.

g. The Contractor shall replace any items damaged by the Contractor, sub- Contractor, their personnel or equipment.

h. The Contractor shall clean area after each completed inspection and keep area clean at all times. The Contractor shall not interrupt any utility service or fire alarm service during the process of performing the work for this job.

i. The Contractor shall not perform weight testing in patient rooms where the patient is present. The Contractor shall coordinate with delegated government personnel to ensure that empty rooms are available for work.

j. Contractor shall notify Contracting Officer Representative (COR) in advance of any operation that requires cutting of ceiling opening or any operation that creates dust.

Any operation of this type shall be subject to Infection Control Risk Assessment and is not to be performed under this contract or project.

k. Any part and/or service not covered by this contract shall not be installed and shall be reported to the COR immediately upon notice. The COR shall request from the Contractor a written estimate of cost for repairs or installation on any part/service not covered by this contract.

11.2 Specific Standards: The Contractor shall provide legibly written description of Preventive Maintenance Inspections (PMI) to the COR at the completion of the preventive maintenance (PM) and service. This legibly written description shall include an itemized list of the procedures performed, including electrical safety. PM services shall include, but need not be limited to, the following:

a. The Contractor shall clean equipment.

b. The Contractor shall review operating system software diagnostics to ensure that the system is operating in accordance with Section 6, Conformance Standards or the manufacturer's specifications.

c. The Contractor shall calibrate and lubricate the equipment.

d. The Contractor shall perform remedial maintenance of non-emergent nature.

e. The Contractor shall test and replace faulty and worn parts and/or parts likely to become faulty, fail or become worn.

f. The Contractor shall inspect and replace where indicated, electrical wiring and cables for wear and fraying.

g. The Contractor shall inspect and replace where indicated, all mechanical components which may include, but is not limited to: X-ray tube mounting hardware, patient restraints and support devices, cables and mounting hardware, chains, belts, bearings and tracks, interlocks, clutches, motors, keyboards, and patient couches for mechanical integrity, safety, and performance.

h. The Contractor shall return the equipment to the operating condition defined in Section 6, Conformance Standards.

i. The Contractor shall provide documentation of services performed.

11.3 The preventive maintenance schedule established herein shall be performed in accordance with, and during the hours defined in Section 5 -Hours of Coverage. All exceptions to the PM schedule shall be arranged and approved in advance with the

COR.

11.4 Any charges for parts, services, manuals, tools, or software required to satisfactorily complete the scheduled PM are included within this contract, and its agreed upon price, unless specifically stated in writing otherwise.

12. Parts: The Contractor shall furnish and replace parts to meet PWS requirements. The Contractor shall provide new OEM parts as described herein. The Contractor shall have ready access to all parts, including unique and/or high mortality replacement parts. All replacement units, parts, components, and materials to be used shall be compatible with that of existing equipment on which it is to be used; shall be of equal or better quality than original equipment specifications; shall be used in accordance with original design and manufacturer intent. Rebuilt parts, used parts or those removed from other equipment, shall not be installed without specific approval by the CO and COR. (The Contractor shall also list any excluded parts under the contract).

12.1 Gray Market Prevention: Gray market items are Original Equipment Manufacturer (OEM) goods sold through unauthorized channels in direct competition with authorized distributors. This procurement is for the purchase of proposed equipment/system for access, licensure, updates, maintenance, and software support for the G.V. (Sonny) Montgomery VA Medical Center. No remanufactures or gray market items will be acceptable.

GRAY MARKET ITEMS (APR 2020)

(a) No gray market or remanufactured items will be acceptable. Gray market items are Original Equipment Manufacturers’ (OEM) goods sold through unauthorized channels in direct competition with authorized distributors. This procurement is for new OEM medical equipment only for VA medical facilities.

(b) Vendor shall be an OEM, authorized vendor, authorized distributor, authorized for the purchase of proposed equipment/system, evidence of proof verified by an authorization letter on OEM letterhead or other document of valid purchase to obtain supplies and proof of access to software/updates from the OEM. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions. The Contractor shall submit evidence of proof verified by an authorization letter on OEM letterhead or other document of valid purchase to obtain supplies/equipment and proof of access to software/updates from the OEM with their quote at the solicitation due date. Failure to provide evidence of proof verified by an authorization letter on OEM letterhead or other document of valid purchase to obtain supplies and proof of access to software/updates from the OEM with their quote at the solicitation due date shall result in the quote as unacceptable.

12.2 The delivery of gray market items to the VA in the fulfillment of an order/award constitutes a breach of contract. Accordingly, the VA reserves the right to enforce any of its contractual remedies. This includes termination of the contract or, solely at the VA’s election, allowing the Vendor to replace, at no cost to the government, any remanufactured or gray market item(s) delivered to a VA medical facility upon discover of such items.

13. SAFETY: Due to COVID, Contractors shall provide their own Personal Protective Equipment (PPE) to ensure their safety. Safety precautions shall include, but are not limited to the following requirements:

• Occupational Safety and Health Act (OSHA)

• Accident Prevention Manual for Industrial Operations, latest edition, National

Safety Council

• Applicable State and Local Safety Operation Procedures

• VA Safety Practices and Policies, VAMC standard operating procedures, and any other Federal, State, and Local regulations pertaining to the equipment listed for this contract.

• JCAHO- Joint Commission for the Accreditation of Healthcare Organizations

14. PAYMENT: The Contractor shall submit requests for payment electronically to the VA’s Tungsten Network (https://www.fsc.va.gov/einvoice.asp ). All invoices shall be paid in arrears within thirty (30) days after completion of service for all authorized work performed and upon receipt of a properly prepared invoice. Invoices shall be properly prepared in accordance with FAR 52.212-4, contain sufficient details, and match with the service tickets for the work rendered.

14.1 Invoices shall include, at a minimum, the following information:

Purchase Order (PO) number and Contract number Company Name, Address and phone number Invoice Date Invoice Number Contract Line Item Number (CLIN(s) covered (to include description, part #'s)

15. CHANGES TO PERFORMANCE WORK STATEMENT: Any changes to this PWS shall be authorized and approved only through written correspondence from the CO. A copy of each change will be kept in a project folder along with all other products of the project.

Cost incurred by the Contractor through the actions of parties other than the CO shall be borne by the Contractor. During the term of this contract, imaging equipment may be added or deleted from this contract as equipment is replaced, added or removed from service at the facilities. Any such change shall be reflected in a written modification to this contract, signed by the Contractor and Contracting Officer.

END OF PWS

https://www.fsc.va.gov/einvoice.asp

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered;

and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212- 5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

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

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

FAR

Number

Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

DEC 2013

852.212-71 GRAY MARKET ITEMS APR 2020

C.3 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

A. Worker compensation and employer's liability: The Contractor shall comply with applicable Federal and State Worker Compensation and occupational disease statutes.

B. General Liability: The Contractor shall have Bodily Injury Liability Insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

C. Property Damage Liability: The Contractor shall have Property Damage Liability insurance coverage of at least $500,000.

C.4 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.]

[] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[X] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set- Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[] 852.233–70, Protest Content/Alternative Dispute Resolution.

[] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[X] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

C.5 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—

MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran- Owned Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable.