36A77620Q0428.docx
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- 6515--Long Beach Pkg 13-Audiology Equipment Federal contract opportunity
- Solicitation number
- 36A77620Q0428
About this file
This is a solicitation for audiology equipment to outfit a newly constructed audiology clinic. The Department of Veterans Affairs, VA Long Beach Healthcare System requires audiology equipment including tympanometers, audiometers, otoscopes, caloric stimulators, portable audiometers, and computers. Quotes are due by September 23, 2020. The solicitation will be conducted according to FAR Part 13 simplified acquisition procedures. Awards will be fixed price and made to the responsible offerors whose quotes represent the best value and are most advantageous to the government.
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| 36A77620Q0428 0001_1.docx | DOCX document | |
| ATTACHMENT 1- SOW -Long Beach PKG 013 - Audiology Equip. - 8.11.2020-CS 8.12.docx | DOCX document |
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36A77620Q0428
PAGE 1 OF
1. REQUISITION NO.
2. CONTRACT NO.
3. AWARD/EFFECTIVE DATE
4. ORDER NO.
5. SOLICITATION NUMBER
6. SOLICITATION ISSUE DATE
a. NAME
b. TELEPHONE NO. (No Collect Calls)
8. OFFER DUE DATE/LOCAL
TIME
9. ISSUED BY
CODE
10. THIS ACQUISITION IS
UNRESTRICTED OR
SET ASIDE:
% FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS:
SIZE STANDARD:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ
IFB
RFP
15. DELIVER TO
CODE
16. ADMINISTERED BY
CODE
17a. CONTRACTOR/OFFEROR
CODE
FACILITY CODE
18a. PAYMENT WILL BE MADE BY
CODE
TELEPHONE NO.
DUNS:
DUNS+4:
PHONE:
FAX:
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED
SEE ADDENDUM
19.
20.
21.
22.
23.
24.
ITEM NO.
SCHEDULE OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA
26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
ARE
ARE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
ARE
ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________
29. AWARD OF CONTRACT: REF. ___________________________________ OFFER
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DATED ________________________________. YOUR OFFER ON SOLICITATION
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
(REV. 2/2012)
PREVIOUS EDITION IS NOT USABLE
Prescribed by GSA - FAR (48 CFR) 53.212
7. FOR SOLICITATION
INFORMATION CALL:
STANDARD FORM 1449
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
600-20-3-391-0131 36A77620Q0428 09-16-2020 Bernadette Bodzenta 216/447-8300 Ext. 49728 09-23-2020 1:00 pm 36A776 Department of Veterans Affairs Program Contracting Activity Central 6150 Oak Tree Blvd, Suite 300 Independence
OH
44131 X 339112 1000 Employees N/A X 36C600 VA Long Beach Healthcare System 5901 East 7th Street Building 149 Long Beach
CA
90822 36A776 Department of Veterans Affairs Department of Veterans Affairs 6150 Oak Tree Blvd, Suite 300 Independence
OH
44131
VAFSC
Department of Veterans Affairs Financial Services Center Invoices to be Submitted Electronically www.ob10.com/us/en/veterans-affairs/ e-Invoice Setup Info Phone 877-489-6135
877-353-9791 512-460-5429 See CONTINUATION Page Long Beach Activation Pkg. #13 - Audiology Equipment See CONTINUATION Page
600-3600160-391-820400-2580 SPY008083
X X Michelle Rhodes Contracting Officer Table of Contents
| SECTION A | 1 |
| A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS | 1 |
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 3 |
| B.1 CONTRACT ADMINISTRATION DATA | 3 |
| B.2 PRICE/COST SCHEDULE | 4 |
| ITEM INFORMATION | 4 |
| B.3 DELIVERY SCHEDULE | 9 |
| SECTION C - CONTRACT CLAUSES | 14 |
| C.1 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020) | 14 |
| C.2 VAAR 852.212-72 GRAY MARKET AND COUNTERFEIT ITEMS (MAR 2020) | 16 |
| C.3 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018) | 16 |
| C.4 VAAR 852.247-72 MARKING DELIVERABLES (OCT 2018) | 16 |
| C.5 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018) | 17 |
| C.6 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 17 |
| C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JUN 2020) | 17 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 26 |
| SECTION E - SOLICITATION PROVISIONS | 27 |
| E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018) | 27 |
| E.2 52.212-1 INSTRUCTIONS TO OFFERORS — COMMERCIAL ITEMS – SIMPLIFIED ACQUISITION PROCEDURES (PARTIAL QUOTES) | 31 |
| E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019) | 33 |
| E.4 52.216-1 TYPE OF CONTRACT (APR 1984) | 35 |
| E.5 52.233-2 SERVICE OF PROTEST (SEP 2006) | 35 |
| E.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 35 |
| E.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (JUN 2020) | 38 |
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
1. Contract Administration: All contract administration matters will be handled by the following individuals:
a. CONTRACTOR: TBD
b. GOVERNMENT: Contracting Officer 36A776 Department of Veterans Affairs Program Contracting Activity Central
6150 Oak Tree Blvd, Suite 300 Independence OH 44131
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, or |
| [] |
| 52.232-36, Payment by Third Party |
3. INVOICES: Invoices shall be submitted in arrears:
| a. Quarterly | [] |
| b. Semi-Annually | [] |
| c. Other | X Upon Govt. receipt and acceptance of supplies and services. |
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 Services Center Invoices to be Submitted Electronically www.ob10.com/us/en/veterans-affairs/ e-Invoice Setup Info Phone 877-489-6135 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
| AMENDMENT NO |
| DATE |
B.2 PRICE/COST SCHEDULE
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 7.00 |
| EA |
| __________________ |
| __________________ |
TYMPANOMETER: 1096 ZODIAC SA CLINICAL WITH PRINTER AND CLASSIC PROBE (US ONLY) - Otometrics-Audiology system: Item #8-04-16046 Brand Name or Equal
JSN #M0015
| 7.00 |
| EA |
| __________________ |
| __________________ |
TYMPANOMETER: 1096 ZODIAC INSERT PHONE
Otometrics - Audiology Systems: Item #8-75-85400 (Brand Name Or Equal)
JSN # M0015
| 7.00 |
| EA |
| __________________ |
| __________________ |
TYMPANOMETER :1096 PROBE, QUICK CHECK
- Otometrics-Audiology system: Item #8-66-10000 Brand Name or Equal
| 7.00 |
| EA |
| __________________ |
| __________________ |
1096 QC HOME DEVICE-MOUNT (SA ONLY)
- Otometrics-Audiology system: Item #8-35-48200 Brand Name or Equal
| 7.00 |
| EA |
| __________________ |
| __________________ |
TYMPANOMETER: 1096 EARTIP KIT IN BOX
- Otometrics-Audiology system: Item #8-35-48200 Brand Name or Equal
| 6.00 |
| EA |
| __________________ |
| __________________ |
1066 MADSEN ASTERA 2, US ONLY (AUDIOMETER, DIAGNOSTIC, MIDDLE EAR, IMPENDANCE)
Otometrics - Audiology Systems Item #: 8-04-13102 Brand Name Or Equal
JSN M0025
| 6.00 |
| EA |
| __________________ |
| __________________ |
1066 CD QUICKSIN MATERIAL, US (AUDIOMETER, DIAGNOSTIC, MIDDLE EAR, IMPENDANCE)
Otometrics - Audiology Systems Item # 8-49-91300 Brand Name Or Equal
JSN # M0025
| 6.00 |
| EA |
| __________________ |
| __________________ |
1066, ACP ASTERA 2 (AUDIO, DIAGNOSTIC, MIDDLE EAR, IMPENDANCE)
Otometrics - Audiology Systems Item #8-69-40800 Brand Name or Equal
JSN # M0025
| 6.00 |
| EA |
| __________________ |
| __________________ |
SPEAKER SYSTEM, 100DB, MISCO (AUDIOMETER, DIAGNOSTIC, MIDDLE EAR IMPENDANCE) Otometrics - Audiology Systems: Item # 8-75-81550 Brand Name Or Equal
JSN #M0025
| 1.00 |
| EA |
| __________________ |
| __________________ |
COMPUTER, LAPTOP, ICS (ELECTRONYSTAGMOGRAPH W/ACCESSRIES)
Otometrics - Audiology Systems ; Item #8-36-02100 Brand Name or Equal
JSN #M8182B
| 1.00 |
| EA |
| __________________ |
| __________________ |
1085 LATERAL HEAD PULSE (ELECTRONYSTAGMOGRAPH W/ACCESSRIES)
Item #8-69-42631 Brand Name Or Equal
JSN # M8182B
| 1.00 |
| EA |
| __________________ |
| __________________ |
1085 LARP/RALP HEAD PULSE (REQUIRED: MUST HAVE LATERAL HEAD IMPULSE)ELECTRONYSTAGMOGRAPH. Otometrics - Audiology Systems: Item #8-69-42632 Brand Name or Equal
| 1.00 |
| EA |
| __________________ |
| __________________ |
ICS MONOCULAR VNG VIDEO/OCULD/POST KIT (US VERSION) (ELECTRONYSTAGMOGRAPH W/ACCESSRIES) Otometrics - Audiology Systems : Item #8-62-52700- S US
| 1.00 |
| EA |
| __________________ |
| __________________ |
CALORIC MODULE UPGRADE (INFORM SERIAL NUMBER) (ELECTRONYSTAGMOGRAPH W/ACCESSRIES) Otometrics - Audiology Systems : Item #8-69-42655 Brand Name or Equal
| 1.00 |
| EA |
| __________________ |
| __________________ |
1085 STRAP ASSEMBLY (ELECTRONYSTAGMOGRAPH W/ACCESSRIES) Otometrics - Audiology Systems
| 1.00 |
| EA |
| __________________ |
| __________________ |
1085 CABLE CLIP (ELECTRONYSTAGMOGRAPH W/ACCESSRIES) Otometrics - Audiology Systems: Item # 8-35-36900
| 6.00 |
| EA |
| __________________ |
| __________________ |
1076 AURICAL OTOCAM 300 (OTOSCOPE, VIDEO)
Otometrics - Audiology Systems: Item #8-04-13250 Brand Name Or Equal
JSN# U1041
| 6.00 |
| EA |
| __________________ |
| __________________ |
1076, SECULA 3MM NORM (OTOSCOPE, VIDEO)
Otometrics - Audiology Systems: Item #8-62-42700 Brand Name Or Equal
JSN #U1041
| 1.00 |
| EA |
| __________________ |
| __________________ |
1079 AIRCAL CALORIC STIMULATOR, EXTENDED (EXTENDED - LENGTH 4M), US (STIMULATOR, CALORIC, AIR). Otometrics-Audiology Systems: Item # 8-04-13311 Brand Name or Equal
JSN# U1048
| 3.00 |
| EA |
| __________________ |
| __________________ |
1081, AUD PMM, C&S, WITH HIT-PRO, WITH TDH, INS (AUDIOMETER, PORTABLE) Otometrics-Audiology Systems: Item #8-04-14540 Brand Name or Equal
JSN# U1049
| 3.00 |
| EA |
| __________________ |
| __________________ |
1082 AURICAL HIT (AUDIOMETER, PORTABLE).
Otometrics-Audiology Systems: Item # 8-04-15101 Brand Name Or Equal
| 3.00 |
| EA |
| __________________ |
| __________________ |
1053 EAR HOOK UPGRADE KIT (AUDIOMETER, PORTABLE) Otometrics-Audiology Systems: Item # 8-62-61200 Brand Name Or Equal
| 3.00 |
| EA |
| __________________ |
| __________________ |
CD QUICKSIN MATERIAL US (AUDIOMETER, PORTABLE) Otometrics-Audiology Systems: Item # 8-49-91300 Brand Name Or Equal
| 6.00 |
| EA |
| __________________ |
| __________________ |
CD QUICKSIN MATERIAL US (AUDIOMETER, PORTABLE) Otometrics-Audiology Systems: Item # 8-04-14546 Brand Name Or Equal
JSN# U1049A
| 6.00 |
| EA |
| __________________ |
| __________________ |
1053 EAR HOOK UPGRADE KIT (PROGRAMMER, HEARING AID, PMM) Otometrics-Audiology Systems: Item # 8-62-61200 Brand Name Or Equal
| 1.00 |
| EA |
| __________________ |
| __________________ |
OTOMETRICS ADVANTAGE SILVER (TYMPANOMETER) Otometrics-Audiology Systems: Item # SVC99SILV Brand Name Or Equal
JSN# M0015
| 1.00 |
| EA |
| __________________ |
| __________________ |
OTOMETRICS ADVANTAGE SILVER (AUDIOMETER, DIAGNOSTIC, MIDDLE EAR, IMPENDANCE). Otometrics-Audiology Systems: Item #SVC99SILV Brand Name Or Equal
JSN# M0025
| 1.00 |
| EA |
| __________________ |
| __________________ |
OTOMETRICS ADVANTAGE SILVER (ELECTRONYSTAGRAH W/ACCESSORIES). Otometrics-Audiology Systems: Item# SVC99SILV Brand Name Or Equal
JSN# 8182B
| 1.00 |
| EA |
| __________________ |
| __________________ |
OTOMETRICS ADVANTAGE SILVER (OTOSCOPE, VIDEO)
Otometrics-Audiology Systems: Item# SVC99SILV Brand Name Or Equal
JSN# U1041
| 1.00 |
| EA |
| __________________ |
| __________________ |
OTOMETRICS ADVANTAGE SILVER (SIMULATOR, CALORIC, AIR)
Otometrics-Audiology Systems: Item# SVC99SILV Brand Name Or Equal
JSN# U1048
| 1.00 |
| EA |
| __________________ |
| __________________ |
OTOMETRICS ADVANTAGE SILVER (AUDIOMETER, PORTABLE)
Otometrics-Audiology Systems: Item #SVC99SILV Brand Name Or Equal
| 1.00 |
| EA |
| __________________ |
| __________________ |
OTOMETRICS ADVANTAGE SILVER (PROGRAMMER, HEARING AID, PMM). Natus Medical: Item #SVC99SILV Brand Name Or Equal
| 1.00 |
| JB |
| __________________ |
| __________________ |
OTOMETRICS ADVANTAGE GO INSTALL
SVC99G01
| 1.00 |
| JB |
| __________________ |
| __________________ |
AUD TRAINING – FULL DAY
| GRAND TOTAL |
| __________________ |
B.3 DELIVERY SCHEDULE
| ITEM NUMBER |
| QUANTITY |
| DELIVERY DATE |
| 0001 |
| SHIP TO: |
| VA Long Beach Healthcare System |
5901 E. 7th Street Building 149 Long Beach, CA 90822
| 7.00 |
| NLT Oct. 30, 2020 |
| MARK FOR: |
| Vickie Orloff |
(714)904-8850 Victoria.Orloff@va.gov
| 0002 |
| SHIP TO: |
| SEE ABOVE |
| 7.00 |
| NLT Oct. 30, 2020 |
| MARK FOR: |
| See Above |
| 0003 |
| SHIP TO: |
| SEE ABOVE |
| 7.00 |
| NLT Oct. 30, 2020 |
| MARK FOR: |
| See Above |
| 0004 |
| SHIP TO: |
| SEE Above |
| 7.00 |
| NLT Oct. 30, 2020 |
| MARK FOR: |
| See Above |
| 0005 |
| SHIP TO: |
| SEE ABOVE |
| 7.00 |
| NLT Oct. 30, 2020 |
| MARK FOR: |
| See Above |
| 0006 |
| SHIP TO: |
| SEE ABOVE |
| 6.00 |
| NLT Oct. 30, 2020 |
| MARK FOR: |
| See Above |
| 0007 |
| SHIP TO: |
| SEE ABOVE |
| 6.00 |
| NLT Oct. 30, 2020 |
| MARK FOR: |
| See Above |
| 0008 |
| SHIP TO: |
| SEE ABOVE |
| 6.00 |
| NLT Oct. 30, 2020 |
| MARK FOR: |
| See Above |
| 0009 |
| SHIP TO: |
| SEE ABOVE |
| 6.00 |
| NLT Oct. 30, 2020 |
| MARK FOR: |
| See Above |
| 0010 |
| SHIP TO: |
| SEE ABOVE |
| 1.00 |
| NLT Oct. 30, 2020 |
| MARK FOR: |
| See Above |
| 0011 |
| SHIP TO: |
| SEE ABOVE |
| 1.00 |
| NLT Oct. 30, 2020 |
| MARK FOR: |
| See Above |
| 0012 |
| SHIP TO: |
| SEE ABOVE |
| 1.00 |
| NLT Oct. 30, 2020 |
| MARK FOR: |
| See Above |
| 0013 |
| SHIP TO: |
| SEE ABOVE |
| 1.00 |
| NLT Oct. 30, 2020 |
| MARK FOR: |
| See Above |
| 0014 |
| SHIP TO: |
| SEE ABOVE |
| 1.00 |
| NLT Oct. 30, 2020 |
| MARK FOR: |
| See Above |
| 0015 |
| SHIP TO: |
| See Above |
| 1.00 |
| NLT Oct. 30, 2020 |
| MARK FOR: |
| See Above |
| 0016 |
| SHIP TO: |
| SEE ABOVE |
| 1.00 |
| NLT Oct. 30, 2020 |
| MARK FOR: |
| See Above |
| 0017 |
| SHIP TO: |
| SEE ABOVE |
| 6.00 |
| NLT Oct. 30, 2020 |
| MARK FOR: |
| See Above |
| 0018 |
| SHIP TO: |
| SEE ABOVE |
| 6.00 |
| NLT Oct. 30, 2020 |
| MARK FOR: |
| See Above |
| 0019 |
| SHIP TO: |
| SEE ABOVE |
| 1.00 |
| NLT Oct. 30, 2020 |
| MARK FOR: |
| See Above |
| 0020 |
| SHIP TO: |
| SEE ABOVE |
| 3.00 |
| NLT Oct. 30, 2020 |
| MARK FOR: |
| See Above |
| 0021 |
| SHIP TO: |
| SEE ABOVE |
| 3.00 |
| NLT Oct. 30, 2020 |
| MARK FOR: |
| See Above |
| 0022 |
| SHIP TO: |
| SEE ABOVE |
| 3.00 |
| NLT Oct. 30, 2020 |
| MARK FOR: |
| See Above |
| 0023 |
| SHIP TO: |
| SEE ABOVE |
| 3.00 |
| NLT Oct. 30, 2020 |
| MARK FOR: |
| See Above |
| 0024 |
| SHIP TO: |
| SEE ABOVE |
| 6.00 |
| NLT Oct. 30, 2020 |
| MARK FOR: |
| See Above |
| 0025 |
| SHIP TO: |
| SEE ABOVE |
| 6.00 |
| NLT Oct. 30, 2020 |
| MARK FOR: |
| See Above |
| 0026 |
| SHIP TO: |
| SEE ABOVE |
| 1.00 |
| NLT Oct. 30, 2020 |
| MARK FOR: |
| See Above |
| 0027 |
| SHIP TO: |
| SEE ABOVE |
| 1.00 |
| NLT Oct. 30, 2020 |
| MARK FOR: |
| See Above |
| 0028 |
| SHIP TO: |
| SEE ABOVE |
| 1.00 |
| NLT Oct. 30, 2020 |
| MARK FOR: |
| See Above |
| 0029 |
| SHIP TO: |
| SEE ABOVE |
| 1.00 |
| NLT Oct. 30, 2020 |
| MARK FOR: |
| See Above |
| 0030 |
| SHIP TO: |
| SEE ABOVE |
| 1.00 |
| NLT Oct. 30, 2020 |
| MARK FOR: |
| See Above |
| 0031 |
| SHIP TO: |
| SEE ABOVE |
| 1.00 |
| NLT Oct. 30, 2020 |
| MARK FOR: |
| See Above |
| 0032 |
| SHIP TO: |
| SEE ABOVE |
| 1.00 |
| NLT Oct. 30, 2020 |
| MARK FOR: |
| See Above |
| 0033 |
| SHIP TO: |
| SEE ABOVE |
| 1.00 |
| NLT Oct. 30, 2020 |
| MARK FOR: |
| See Above |
| 0034 |
| SHIP TO: |
| SEE ABOVE |
| 1.00 |
| Within 60 Days After Install |
Page 1 of Page 1 of
SECTION C - CONTRACT CLAUSES
ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.
The following clauses are incorporated into 52.212-4 as an addendum to this contract:
C.1 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.
[X] 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.
[X] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.
[X] 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.
[] 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.
[X] 852.233–70, Protest Content/Alternative Dispute Resolution.
[X] 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.
[X] 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.
[X] 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.
(End of Clause)
C.2 VAAR 852.212-72 GRAY MARKET AND COUNTERFEIT ITEMS (MAR 2020)
(a) No used, refurbished, or remanufactured supplies or equipment/parts shall be provided. This procurement is for new Original Equipment Manufacturer (OEM) items only. No gray market items shall be provided. Gray market items are OEM goods intentionally or unintentionally sold outside an authorized sales territory or sold by non-authorized dealers in an authorized sales territory.
(b) No counterfeit supplies or equipment/parts shall be provided. Counterfeit items include unlawful or unauthorized reproductions, substitutions, or alterations that have been mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified item from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitutions include used items represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics.
(c) Vendor shall be an OEM, authorized dealer, authorized distributor or authorized reseller for the proposed equipment/system, verified by an authorization letter or other documents from the OEM. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions.
(End of Clause)
C.3 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)
Shipment of deliverable items, other than reports, shall be to:
VA Long Beach Healthcare System 5901 East 7th Street Building 149
Long Beach CA 90822 (End of Clause)
C.4 VAAR 852.247-72 MARKING DELIVERABLES (OCT 2018)
(a) The contract number shall be placed on or adjacent to all exterior mailing or shipping labels of deliverable items called for by the contract.
(b) Mark deliverables, except reports, for:
Voctoria Orloff (714)904-8850 (End of Clause)
C.5 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)
Material shall be packed for shipment in such a manner that will insure acceptance by common carriers and safe delivery at destination. Containers and closures shall comply with regulations of carriers as applicable to the mode of transportation.
(End of Clause)
C.6 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/
(End of Clause)
| FAR Number |
| Title |
| Date |
| 52.203-17 |
| CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS |
| JUN 2020 |
| 52.204-4 |
| PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER |
| MAY 2011 |
| 52.204-13 |
| SYSTEM FOR AWARD MANAGEMENT MAINTENANCE |
| OCT 2018 |
| 52.204-18 |
| COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE |
| JUL 2016 |
| 52.232-40 |
| PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS |
| DEC 2013 |
(End of Addendum to 52.212-4)
C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JUN 2020)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).
(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115–232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).
(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[X] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).
[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).
[] (5) [Reserved] [] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).
[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).
[X] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).
[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
[] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).
[] (ii) Alternate I (MAR 2020) of 52.219-3.
[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
[] (ii) Alternate I (MAR 2020) of 52.219-4.
[] (13) [Reserved] [] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).
[] (ii) Alternate I (MAR 2020).
[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).
[] (ii) Alternate I (MAR 2020) of 52.219-7.
[X] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).
[] (17)(i) 52.219–9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).
[] (ii) Alternate I (NOV 2016) of 52.219-9.
[] (iii) Alternate II (NOV 2016) of 52.219-9.
[] (iv) Alternate III (JUN 2020) of 52.219–9.
[] (v) Alternate IV (JUN 2020) of 52.219–9.
[] (18) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).
[] (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).
[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).
[X] (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (MAR 2020) (15 U.S.C 632(a)(2)).
[] (ii) Alternate I (MAR 2020) of 52.219-28.
[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C. 637(m)).
[] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)).
[] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).
[] (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)) [] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
[X] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).
[X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
[X] (30)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).
[] (ii) Alternate I (FEB 1999) of 52.222-26.
[X] (31)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
[] (ii) Alternate I (JULY 2014) of 52.222-35.
[X] (32)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
[] (ii) Alternate I (JULY 2014) of 52.222-36.
[X] (33) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
[X] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).
[X] (35)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).
[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
[] (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
[] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).
[] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).
[] (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).
[] (ii) Alternate I (OCT 2015) of 52.223-13.
[] (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).
[] (ii) Alternate I (JUN 2014) of 52.223-14.
[] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b).
[] (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).
[] (ii) Alternate I (JUN 2014) of 52.223-16.
[X] (44) 52.223–18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).
[] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).
[] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).
[] (47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
[] (ii) Alternate I (JAN 2017) of 52.224-3.
[] (48) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).
[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
[] (ii) Alternate I (MAY 2014) of 52.225-3.
[] (iii) Alternate II (MAY 2014) of 52.225-3.
[] (iv) Alternate III (MAY 2014) of 52.225-3.
[X] (50) 52.225–5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
[] (52) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
[] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
[] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
[X] (55) 52.229–12, Tax on Certain Foreign Procurements (JUN 2020).
[] (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
[] (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
[X] (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).
[] (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
[] (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
[] (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
[] (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).
[] (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
[] (ii) Alternate I (Apr 2003) of 52.247-64.
[] (iii) Alternate II (FEB 2006) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
[] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).
[] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).
[] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).
[] (7) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).
[] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
[] (9) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203–13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).
(iv) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115–232).
(v) 52.219–8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(vii) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).
(viii) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
(ix) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
(x) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
(xiii)(A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).
(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E. O. 12989).
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).
(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xx) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxi) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
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SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
See attached document: ATTACHMENT 1- SOW -Long Beach PKG 013 - Audiology Equip. - 8.11.2020-CS 8.12.
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SECTION E - SOLICITATION PROVISIONS
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018)
(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.
(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—
(1) The solicitation number;
(2) The time specified in the solicitation for receipt of offers;
(3) The name, address, and telephone number of the offeror;
(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;
(5) Terms of any express warranty;
(6) Price and any discount terms;
(7) "Remit to" address, if different than mailing address;
(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);
(9) Acknowledgment of Solicitation Amendments;
(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and
(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.
(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.
(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.
(f) Late submissions, modifications, revisions, and withdrawals of offers.
(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.
(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—
(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or
(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or
(C) If this solicitation is a request for proposals, it was the only proposal received.
(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.
(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.
(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.
(i) Availability of requirements documents cited in the solicitation.
(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to— GSA Federal Supply Service Specifications Section Suite 8100 470 East L'Enfant Plaza, 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 exceeding $10,000, and offers of $10,000 or less 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 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) ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS Provisions that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.
The following provisions are incorporated into 52.212-1 as an addendum to this solicitation:
E.2 52.212-1 INSTRUCTIONS TO OFFERORS — COMMERCIAL ITEMS – SIMPLIFIED ACQUISITION PROCEDURES (PARTIAL QUOTES)
A. Introduction The Department of Veterans Affairs (VA), Veterans Health Administration (VHA), Program Contracting Activity – Central (PCAC) is issuing this Request for Quotation (RFQ) to solicit vendors for the purpose of entering into a contract(s). This acquisition is being conducted in accordance with the procedures in Federal Acquisition Regulations (FAR) Parts 12 and 13. Partial quotes will be considered. The Government contemplates award of one or more Firm Fixed Price (FFP) Purchase Orders (PO) resulting from this solicitation.
The Offeror’s quote shall consist of the information identified in Section D (Content) below. Late submissions may not be accepted. Any modifications or revisions of a quote received after the date and time specified for receipt of quotes is “late” and may not be considered. Acceptance of late quotes is strictly at the discretion of the Contracting Officer.
Offeror’s responses shall be submitted in accordance…
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