36C10G18R0093-002.pdf

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 70

36C10G18R0093

LeShanna Calahan/LeShanna.Calahan@va.gov

U.S. Department of Veterans Affairs Strategic Acquisition Center 10300 Spotsylvania Ave

Fredericksburg VA 22408

X 100

339112

1000 Employees

X

N/A

X

Nationwide (see delivery order for details.)

U.S. Department of Veterans Affairs Strategic Acquisition Center 10300 Spotsylvania Ave

See delivery order for details.

See CONTINUATION Page

Title: Positive Airway Pressure Devices and Accessories for In Home Use (Portable)

This is 100% Veteran Owned Small Business set-aside.

See B.4 Price/Cost Schedule for details.

See CONTINUATION Page

X X

TABLE OF CONTENTS

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 LIMITATIONS ON SUBCONTRACTING -- MONITORING AND

COMPLIANCE

B.3 PRODUCT DESCRIPTION

B.4 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

C.1 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS

(NOV2017)

C.2 52.216-18 ORDERING (OCT 1995)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR

2000)

C.6 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.7 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008)

C.8 VAAR 852.203-71 DISPLAY OF DEPARTMENT OF VETERAN AFFAIRS

HOTLINE POSTER (DEC 1992)

C.9 VA NOTICE OF TOTAL VETERAN-OWNED SMALL BUSINESS SET-

ASIDE (JUL 2016) (DEVIATION)

C.10 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT

REQUESTS (NOV 2012)

C.11 VAAR 852.246-70 GUARANTEE (JAN 2008)

C.12 VAAR 852.246-71 INSPECTION (JAN 2008)

C.13SAC 16-01 – SAC Service Level Agreement Fee and Submission of Quarterly Sales Reports; Open Market (January, 2016)

C.14 MANDATORY WRITTEN DISCLOSURES

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 ATTACHMENT A – CONTRACTOR DISCREPANCY REPORT

D.2 ATTACHMENT B – EXCEL PRICE/COST SCHEDULE

D.3 ATTACHMENT C – RFP QUESTIONS

D.4 ATTACHMENT D – CROSS REFERENCE INDEX

SECTION E - SOLICITATION PROVISIONS

E.1 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS, REPRESENTATION (NOV 2015)

E.2 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS

(OCT 2015)

E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL

2013)

E.4 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING

DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY

FEDERAL LAW (FEB 2016)

E.5 A52.216-1 TYPE OF CONTRACT (APR 1984)

E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (NOV 2017)

E.7 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE (FEB 1998)

E.9 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE

RESOLUTION (JAN 2008)

E.10 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998).. 63

E.11 BASIS OF AWARD

E.12 QUESTIONS

E.13 PROPOSAL SUBMISSION INSTRUCTIONS

Volume, Title, and Page Limitations

E.14 EVALUATION FACTORS

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1.1 CONTRACT ADMINISTRATION

1.1.1 The Strategic Acquisition Center (SAC) Contracting Officer (CO) is responsible for providing overall scope oversight, maintaining communication between contractors and the United States Department of Veterans Affairs (VA), ensuring contract compliance, administering base contract and modifications, and ensuring that annual performance evaluations are completed at the base contract level. Nevertheless, any CO assigned to the SAC and acting within his/her warrant authority may take formal action on this contract when a contract action needs to be taken and the primary CO is unavailable.

The CO reserves the right to designate a Contracting Officer’s Representative (COR) at the Indefinite Delivery Indefinite Quantity (IDIQ) contract level. The CO shall issue a designation letter to the COR and the contractor to ensure that all parties understand the limited authority of the COR.

1.1.2 The IDIQ contract may only be modified by written modification, executed by a SAC warranted CO. The contractor shall not provide products that are not expressly stated in the contract or order. A COR does not have the authority or means to obligate the Government or change the terms and conditions of the IDIQ contract.

1.1.3 All contract administration matters shall be handled by the following individuals:

a. CONTRACTOR: TBD

b. GOVERNMENT: Contracting Officer 36C10G

U.S. Department of Veterans Affairs Strategic Acquisition Center 10300 Spotsylvania Ave | STE 400

1.2 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

[X] 52.232-36, Payment by Third Party

1.3 INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [x] (As specified per order)

1.4. 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.

1.4.1 Submission of a proper invoice – The following data must be included in invoice for it constitutes a proper invoice. :

a. Name and address of the contractor

b. Invoice date and number

c. VA Facility Name & Address

d. Purchase Order No.

e. Contract No.

f. Item number, description, quantity, unit of measure, price, extended price and a total of supplies delivered or services performed.

g. Patient Unique Identifier

h. Cumulative billing (per line item and total)

i. Proof of supplies delivered or services performed MUST also be provided.

j. Signature, printed name and title of Government receiving official and date of delivery or performance period must be included or accompany with invoice.

1.5 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the solicitation numbered and dated as follows:

AMENDMENT NO DATE

1.6 CONTRACT MINIMUM AND MAXIMUM DOLLAR VALUES

The minimum guaranteed amount for contracts awarded under this solicitation is $8,000 per awardee which shall be obligated at the time of IDIQ award. Orders beyond the minimum shall be determined by department needs. The Government has no obligation to award orders beyond the minimum guaranteed amount. In accordance with FAR 16.504(a)(4)(ii), the maximum aggregate value for all orders awarded under the contracts award under this solicitation shall not exceed $281,190,238.12. The Government’s obligation for the minimum guarantee amount applies only to the base period of the contract

1.7 CONTRACTOR PERFORMANCE

Attachment A Contractor Discrepancy Report (CDR), may be issued by a CO or COR to document less than acceptable performance by the contractor at any point during the period of performance. It shall be noted that issuance of a CDR shall not be the first form of communication or plan of resolution unless the seriousness of the situation warrants such formal documentation from onset. The CO, COR and contractor shall maintain open and effective communications to avoid the issuance of CDRs to the maximum extent practicable. All parties acknowledge that a finalized CDR shall become part of the official file and will be used to report on annual performance under the IDIQ.

If use of a CDR is warranted, the CO/COR shall complete the CDR, citing the IDIQ and/or order number and the specific IDIQ and/or order section or clause related to the performance issue. The CO/COR shall provide a detailed and descriptive narrative of the background and issue. Upon receipt of the CDR, the contractor shall provide a timely and detailed response by the contractor. The contractor’s response shall include any important or relevant information or justification for the performance issue and a proposed resolution. The CO/COR will review the response from the contractor and the CO shall issue a final recommendation or plan of action. The CO, COR, and contractor shall maintain communication to ensure that the recommendation or plan of action is carried out.

The contractor’s performance on the IDIQ shall be reported to the Contractor Performance Assessment Reporting System (CPARS) on an annual basis. The CO and COR shall make use of information from CDRs, as well as any additional knowledge and information available to them with respect to the contractor’s performance, to complete the CPARS. Contractors shall familiarize themselves with the CPARS process and be prepared to respond to reports entered by the CO and COR.

B.2 LIMITATIONS ON SUBCONTRACTING -- MONITORING AND COMPLIANCE

This solicitation includes VAAR 852.219-11, VA Notice of Total Veteran-Owned Small Business Set-Aside. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

B.3 PRODUCT DESCRIPTION

3.1 INTRODUCTION

3.1.1 The Department of Veterans Affairs (VA) Prosthetics Sensory Aid Service (PSAS) requires the acquisition Positive Airway Pressure (PAP) devices and accessories. The intent of this action is to streamline procurements of PAP devices and accessories.

VHA manages the United States’ largest integrated healthcare system. Veterans’ healthcare is separated geographically into 21 Veterans Integrated Services Networks (VISNs) with approximately 168 VA Medical Centers (VAMCs), 820 outpatient clinics, and various other Federal facilities to include Community Living Centers (CLCs), Vet Centers and Domiciliary. Together these health care facilities, and the more than 53,000 independent licensed health care practitioners who work within them, provide comprehensive care to about 9.3 million enrolled Veterans. A projected 6.7 million Veterans are expected to use the system in 2017.

3.1.2 The products to be procured under acquisition plan include brand name or equal Continuous Positive Airway Pressure (CPAP), Bi-level Positive Airway Pressure (BiPAP), and Variable Positive Airway Pressure (VPAP) devices and accessories. PAPs are used throughout VA, through issue to the Veteran, for the treatment for moderate and severe sleep apnea and have been endorsed by the American Academy of Sleep Medicine. PAP is a mode of respiratory ventilation used primarily in the treatment of obstructive sleep apnea.

3.1.3 This acquisition supports the procurement of PAP devices and accessories for Veterans and Service members, to establish a supply source(s) that will provide the products for healthcare services to patients with sleep apnea that have a need for in home use sleep therapy equipment and supplies.

3.2 OVERVIEW

The purpose of this acquisition is to provide VAMCs with enterprise-wide IDIQ contracts for brand name or equal PAP devices and accessories. The contractor shall provide the equipment, supplies and resources necessary to accomplish the requirements described in this contract.

3.3 SCOPE OF WORK

3.3.1 The contractor shall provide uninterrupted supply and delivery of brand name or equal Continuous Positive Airway Pressure (CPAP), Bi-level Positive Airway Pressure (BiPAP), and Variable Positive Airway Pressure (VPAP) devices and accessories. The contractor shall meet the Trade Agreement Act (TAA).

3.3.2 Purchases by the Government of products established under the resulting contract shall be decentralized. The orders shall indicate the specific items ordered, item quantities, and all necessary delivery and payment procedures.

3.4 PERFORMANCE

3.4.1 The ordering period is 1-year with a 1-year option period that may be exercised by the Government upon annual review.

3.4.2 Orders issued under this contract will be firm-fixed price.

3.5 REQUIREMENTS

3.5.1 See Attachment B– Excel Price/Cost Schedule for the list of brand name or equal PAP devices and accessories required under this solicitation.

PRODUCT LINE: PRODUCT DESCRIPTION:

PAP Devices and Accessories For In Home Use (portable)

CPAP, BiPAP, and VPAP devices, masks, head gear, tubing, and filters

3.6 INFORMATION SECURITY CONSIDERATIONS

3.6.1 The Certification and Accreditation (C&A) requirements do not apply and a Security Accreditation Package is not required.

3.6.2 The contractor shall safeguard Protected Health Information (PHI) and Personally Identifiable Information (PII). The Department of Veteran defines personally identifiable information as: “information which can be used to distinguish or trace an individual's identity, such as their name, social security number, biometric records, etc. alone, or when combined with other personal or identifying information which is linked or linkable to a specific individual, such as date and place of birth, mother’s maiden name, etc."

3.6.3 Protected Health Information - Protected Health Information (PHI) is a subset of Health Information, including demographic information collected from an individual, that:

(1) is created or received by a health care provider, health plan, or health care clearinghouse (e.g., a HIPAA-covered entity, such as VHA); (2) relates to the past, present, or future physical or mental condition of an individual, or provision of or payment for health care to an individual; and, (3) identifies the individual or where a reasonable basis exists to believe the information can be used to identify the individual.

NOTE: VHA uses the term PHI to define information covered by the Privacy Act and the Title 38 confidentiality statutes in addition to HIPAA.

3.6.4 Personally Identifiable Information - Personally Identifiable Information (PII) is any information pertaining to an individual that is retrieved by the individual’s name or other unique identifier, as well as PHI regardless of how it is retrieved. PII is a subset of personally identifiable information and is protected by the Privacy Act.

3.6.5 The HIPAA Privacy Rule defines Protected Health Information as PII transmitted or maintained in any form or medium by a covered entity, such as VHA. NOTE: VHA uses the term protected health information to define information that is covered by HIPAA but, unlike PII, may or may not be covered by the Privacy Act or Title 38 confidentiality statutes. In addition, PHI excludes employment records held by VHA in its role as an employer.

B.4 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES

QTY UNIT UNIT

PRICE

AMOUNT

See Attachment B – Excel Price/Cost Schedule for details

GRAND

TOTAL

B.5 IDIQ TERMS AND CONDITIONS

5.1 PRODUCT REMOVAL OR RECALL

5.1.1 For any product awarded under this contract removed or recalled by the contractor or manufacturer due to defects in the product or potential dangers to patients, or if any required removal or recall is suggested or mandated by a regulatory or official agency, the contractor shall take the following the steps within 24 hours of knowledge of the recall:

5.1.2 Notify the CO at the Strategic Acquisition Center in writing, by the most expeditious manner possible.

5.1.3 Provide copies of the notification to CO, Contracting Specialist, COR, Manager at Product Recall Office, all Agencies and VA Facilities who purchased the product, which include, but not be limited to the following:

(1) Complete item description and/or identification, order numbers from customers and the contract number assigned as a result of an award on this solicitation;

(2) Reasons for modifications, removal or recall; and

(3) Necessary instructions for return for credit, replacement or corrective action.

5.1.4 A copy of the notification shall be provided to:

Manager, Product Recall Office National Center for Patient Safety

Veterans Health Administration 24 Frank Lloyd Wright Drive, Lobby M

Ann Arbor, MI 48106

5.2 PRODUCT REFRESH

5.2.1 The contractor shall provide improved items within the awarded product line as appropriate new industry technologies emerge and/or products become obsolete. The revised product listing shall be submitted in writing to the CO and COR.

5.2.2 Further, the contractor shall ensure that all PAPs devices and accessories offered are state-of-the-art. "State-of-the-art" is defined as the most recently designed components approved by the U.S. Food and Drug Agency (FDA) and are announced for marketing purposes. All improved or enhanced products shall be provided with the contractor’s commercial warranty.

5.2.3 The contractor shall ensure that all new products are approved in accordance with the pre-market notification under the U.S. Food and Drug Administration (FDA) 510K process and labeled appropriately.

5.2.4 The contractor shall provide the COR and CS/CO the following information:

(1) A list of specific awarded items to be updated or/and added in the Attachment B – Excel Price/Cost Schedule;

(2) Product literature for the new items and a detailed description of the differences or benefits of the new items and/or awarded items

(3) Specific analysis of the comparative advantages/disadvantages of the items involved to be updated; and

(4) Proper identification of any new product requirements and/or procedures related to those new products.

(5) FDA approval, if required.

5.2.5 If approved FDA new items may be added to the contract via modification to contract and negotiation of pricing so long as items are within scope.

5.3 NOTIFICATION OF SUBSTITUTED AND BACK-ORDERED

ITEMS/REPLACEMENT WITH ALTERNATE SUPPLY

5.3.1 The contractor shall notify the authorized purchaser point of contact within one (1) business day for non-emergency orders and within four (4) hours of an emergency order if any parts/materials cannot be delivered in accordance with the individual delivery order requirements. To ensure that the correct items are shipped, the contractor shall not substitute items without prior approval by order point of contact.

Instances where the contractor cannot meet the Government’s requirement(s), the contractor shall notify the order point of contact of the shortest delivery period available.

If the contractor’s shortest delivery period is not acceptable to the Government, the Government reserves the right to procure the item(s) from other sources.

5.3.2 The contractor shall supply established item(s) to satisfy the Government’s requirement when an order is placed under the contract during the duration of the effective period of the contract. If, however, contractor determines to terminate production or supply of the selected item and contemplates replacement with alternative item, the Government reserves the right to evaluate the potential replacement item(s).

There is no guarantee that the Government will evaluate any replacement item(s) favorably. If the Government determines the replacement item(s) as unacceptable, the individual item(s) may be cancelled.

5.4 ORDERING

5.4.1 The resultant IDIQ will be decentralized. Orders below $3,500.00 will be placed by Prosthetics. Orders over $3,500.00 shall be placed by warranted CO. Orders exceeding the micro-purchase threshold may be placed against this IDIQ via Electronic Data Interchange (EDI), via facsimile or in writing. No verbal/oral orders can be placed or accepted on this IDIQ.

5.4.2 “Government wide commercial purchase card” means a uniquely numbered credit card issued by a contractor under GSA’s Government wide Contract for Fleet, Travel, and Purchase Card Services to named individual Government employees or entities to pay for official Government purchases. The use of Government Purchase Card must comply with Agency, Office of Management and Budget, and Financial Management Regulations and Procedures.

5.4.3 The contractor may accept payments for written orders made using the Government wide commercial purchase card. Invoicing instructions will be identified in delivery orders.

5.4.4 The contractor shall not process a transaction for payment through the purchase card clearinghouse until the purchased supplies have been accepted. Purchase card transactions shall be included in the quarterly sales reporting.

5.4.5 Orders shall be made via one of the following methods:

To be identified by the contractor in response to the solicitation (i.e. fax, email etc.) The contractor shall acknowledge order within 24 hours of receipt..

5.4.6 At a minimum, orders shall contain the following information

(1) Date of order.

(2) Contract number and order number.

(3) For supplies and services, line item number, subline item number (if applicable), description, quantity, and unit price or estimated cost and fee (as applicable). The corresponding line item number and subline item number from the base contract shall also be included.

(4) Delivery or performance schedule.

(5) Place of delivery or performance (including consignee).

(6) Any packaging, packing, and shipping instructions.

(7) Accounting and appropriation data.

(8) Method of payment and payment office, if not specified in the contract

5.4.7 Authorized to Purchase - Any individual in VHA who has ordering/contracting authority, on behalf of VHA, to place orders, may use the IDIQ. Governmental agencies will require an interagency agreement with the VA to place orders against this IDIQ.

Ordering Officers may be appointed and delegated the responsibility to place orders against this contract, if authorized. All Ordering Officers will be appointed and delegated by a warranted CO in accordance with VA Procurement Policy.

5.4.8 Fair Opportunity for Consideration.

5.4.8.1 One or more delivery orders will be issued during the performance period of the contract. The Government will provide all Awardees a fair opportunity for consideration. In accordance with FAR 16.505(b), the CO will give each Awardee a "fair opportunity" to be considered for each order in excess of $3,500 unless one of the statutory exceptions applies in FAR

16.505 (b)(2).

5.4.8.2 In accordance with FAR 16.505(b), the CO has broad discretion in determining which Awardee shall receive a delivery order. In general, proposals will be evaluated by analysis of the Price and Other factors (to be determined by the CO). Such factors will be made known to the contractors via evaluation instructions provided within the Delivery Order Proposal Request (DOPR).

5.4.8.3 The following factor may be used to evaluate proposals: Factor 1: Price will not be evaluated adjectivally or assigned a score. The Government may utilize competition to make a best value determination.

5.4.8.4 When placing orders, the CO is not required to prepare formal evaluation plans, score offers, post notice on the Federal Business Opportunities (FedBizOpps) web site or hold discussions or negotiations with each Awardee. Even though the CO does not have to comply with the competition rules in FAR part 6 and does not have to conduct discussions before issuing an order, there will be an internal record of why a particular contractor provided the best value based on the particular requirements of each delivery order.

5.4.8.5 The CO will issue a written DOPR and will forward it to all Awardees unless one of the statutory exceptions applies. DOPR will generally allow 7- 14 calendar days for proposal submission. The DOPR will include at a minimum the following information:

(1) The due date for proposal submission

(2) Description of product, contract line item, quantity to be ordered

(3) Delivery or performance schedule

(4) Place of delivery or performance

(5) Any packaging, packing, and shipping instruction

(6) Any additional instructions for proposal submission not contained in this section.

(7) Any other information deemed appropriate by the CO.

5.4.8.6 Proposal Submission: If an Awardee is unable to submit a proposal, it must notify the CO in writing as soon as practicable. A brief written statement as to why the Awardee is unable to submit a proposal is required. Failure to submit a proposal without sufficient justification may be considered as negative past performance information which may jeopardize the award of future delivery orders.

5.4.8.7 Delivery Order Award: Upon completion of the DOPR evaluation, the CO will issue a delivery order to the contractor whose proposal is most advantageous to the Government considering the evaluation factors specified in the delivery order.

5.4.8.9 In the event issues pertaining to a proposed delivery order cannot be resolved to the satisfaction of the CO, the CO reserves the right to withdraw or cancel the proposed delivery order. In such event, the contractor will be notified, via letter or email, of the CO's decision and this decision shall be final and conclusive and shall not be subject to the "Disputes" clause or the "Contract Disputes Act."

5.4.8.10 Issues arising from the placement of orders are not protestable to the Government Accountability Office unless the protest alleges that the order exceeded the value, scope or period of the contract or in the case where a single delivery order exceeds $10 million.

5.5 REPORTS

5.5.1 In order to track compliance, the contractor shall submit a quarterly sales report (QSR). The QSR shall include part number, quantity sold, contract unit price, total price sold per part number, facility sold, total quarterly sales, and SLA fee. Format to be developed by the contractor and submitted to Government for review upon award. The QSR shall be submitted on Government fiscal calendar year. See below:

QUARTER PERIOD OF SALES SUBMISSION DUE DATE

1st October – December Due last day in February

2nd January – March May 31st

3rd April – June August 31st

4th July – September November 30th

The contractor shall adhere to this requirement. The contractor shall provide a QSR, after the end of each fiscal quarter ending December, March, June, and September and no later than the submission due dates. Reports shall be sent electronically to the SAC IDIQ Government points of contact, Contract Specialist identified in 1.1.3 (b) Financial Management Analyst at SACPAY@va.gov and VA Program Advisory Service (PAS) at VA003B1DEmp@va.gov; until the contractor is notified, in writing, of a different point of contact.

mailto:SACPAY@va.gov mailto:VA003B1DEmp@va.gov

A closeout report shall cover all sales not shown in the QSR and reconcile all errors and credits. If the contractor reported all contract sales and reconciled all errors and credits on the QSR, then a closeout report is not required. All closeout reports shall be submitted by December 31st (if required).

The Government reserves the right to inspect without further notice such records of the contractor as they pertain to sales under this contract. Willful failure or refusal to furnish the required reports, or falsification thereof, may be cause for Government contractual remedies under FAR 52.212-4 Contract Terms and Conditions – Commercial Items.

5.6 DELIVERY REQUIREMENTS

5.6.1 Standard Delivery:). Delivery shall be made Free On Board (FOB) destination to any Veterans Affairs Medical Centers (VAMC) facility (which may include outpatient facilities) within the Continental United States (CONUS) and Outside the Continental United States (OCONUS).

5.6.2 Alternate Delivery: To meet the needs of Veteran patients across the VA healthcare system, there may be times the local PSAS will require delivery to an alternate location.

5.6.3 Alternate delivery shall only be used when the need arises to ship prescribed item(s) to other than the local medical center or Community Based Outpatient Clinics (CBOC). The local PSAS office will create a delivery order, to include the address to where the item(s) are to be shipped. The order can be placed by the local VAMC in the most economical manner they deem fit (i.e. GPC or delivery order). Alternate delivery procedures shall safeguard PHI and PII.

5.6.4 Upon the receipt of an alternate delivery order (applicable to shipping directly to Veteran):

a. Delivery shall be FOB destination to the address indicated on the delivery order.

b. Deliveries will be shipped using a mail tracking system to identify location and proof of delivery. The contractor shall retain proof of delivery and shall provide the information upon request from the VA.

c. Standard deliveries shall be made within 7 business days after receipt of a delivery order and expedited delivery within 3 business days.

d. The Government acceptance of all delivery orders shall take place at the delivery point.

5.6.5 Schedule for Deliverables: The following conditions apply to all shipments:

Inspection: Destination Acceptance: Destination

5.6.6 Ship To and Mark For: Deliveries shall be marked and shipped to various VHA locations or alternate delivery address nationwide which will be identified under each order placed against the IDIQ.

5.6.7 Special Shipping Instructions: Prior to shipping, the contractor shall notify VHA site point of contact by telephone and/or email, of all incoming deliveries including line-by-line details for review of requirements. All shipments, either single or multiple container deliveries, will bear VA’s Order number on external shipping labels and associated manifests or packing lists. In the case of multiple container deliveries, a readable statement near the order number will indicate total number of containers for the complete shipment (ex. “Package 1 of 2”), clearly readable on manifests and external shipping labels.

Packing Slips/Labels and Lists shall include the following:

IFCAP PO # ____________ (e.g., 166-E11234) Total number of Containers: Package ___ of ___. (e.g., Package 1 of 3)

5.7. INSPECTION AND ACCEPTANCE

5.7.1 The acceptance paragraph in FAR 52.212-4 (a) is based upon the assumption that the Government will rely on the contractor’s assurances that the commercial item tendered for acceptance conforms to the IDIQ requirements. The Government’s inspection of commercial items will not prejudice its other rights under the acceptance paragraph.

5.8 CONTRACT MODIFICATIONS AND PRICE ADJUSTMENTS

5.8.1. The CO is the only person authorized to modify this IDIQ contract. Any changes to the terms and conditions of the contract shall be accomplished via bilateral modification.

5.9 PERFORMANCE METRICS

The performance requirement summary below defines the performance standards and acceptable performance levels associated with this IDIQ contract and resulting orders.

The contractor’s performance shall be evaluated based on standards in table below.

The contractor shall monitor performance against the terms and conditions outlined in the contract. Contractor performance will be monitored and measured using a Quality Assurance Surveillance Plan (QASP).

Performance Standards

SOW Acceptable Quality Levels

(AQL)

Monitoring Method

Maintain uninterrupted supply and delivery of PAP devices and accessories

Section B.3 (3.3)

No more than 3 instances of supply unavailability per PoP

Random Inspection and Customer Feedback

Devices and accessories meet minimum specifications

Section B.3 (3.5) No more than 3 reports of items NOT meeting minimum salient

Random Inspection and Customer Feedback characteristics.

Provide notification of delays and discrepancies within 24 hours (standard) / four hours (emergency)

Section B.5 (5.3)

No more than 2 instances of unreported known performance delays and discrepancies

Random Inspection and Customer Feedback

QSR submission no later than due date identified in 5.5

Section B.5 (5.5)

All QSRs are submitted as outlined in 5.5

100% Inspection

All standard delivery completed timely and properly labeled

Section B.5 (5.6)

No more than 5 missed deliveries or improperly labeled deliveries within a Quarter

Random Inspection and Customer Feedback

All alternate delivery completed timely

Section B.5 (5.6)

No more than 5 missed deliveries (more than 3 days) within a Quarter

Random Inspection and Customer Feedback

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 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (NOV2017)

(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(4) 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 (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 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 (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

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__ (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. (Oct 2015) (31 U.S.C.

6101 note).

_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov

2011) (15 U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (JAN 2011) of 52.219-4.

__ (13) [Reserved] __ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15

U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C.

637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (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 (Nov 2016) of 52.219-9.

__ (v) Alternate IV (Nov 2016) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

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__ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C.

637(a)(14)).

__ (20) 52.219-16, Liquidated Damages.Subcon-tracting 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 (Nov 2011) (15 U.S.C. 657 f).

_X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (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 (Dec 2015) (15 U.S.C. 637(m)).

__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (26) 52.222-19, Child Labor.Cooperation with Authorities and Remedies (Oct

2016) (E.O. 13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

_X_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

_X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29

U.S.C. 793).

_X_ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C.

4212).

_X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor

Relations Act (Dec 2010) (E.O. 13496).

_X_ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (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).

__ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 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.)

__ (35)(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.)

__ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

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__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

__ (38)(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.

__ (39)(i) 52.223-14, Acquisition of…