36C10G18R0123-011.pdf

PAGE 1 OF 71 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

36C10G18R0123

Kevin Pendleton / kevin.pendleton@va.gov 202-445-5611

36C10G U.S. Department of Veterans Affairs OPAL | Strategic Acquisition Center

10300 Spotsylvania Ave | STE 400 Fredericksburg VA 22408-2697

X

339113

750 Employees

N/A

X

See individual orders for details.

36C10G

U.S. Department of Veterans Affairs Office of Acquisition Operations Strategic Acquisition Center

Fredericksburg VA 22408-2697

See individual orders for details

See CONTINUATION Page

This Request for Proposals (RFP) is to solicit offers for an Indefinite Delivery_Indefinite Quantity (IDIQ) contract for WALKERS. See B.5 Price/Cost Schedule for specific details.

See CONTINUATION Page

X X

Joy Garrett-Bey Contracting Officer

36C10G18R0123 DRAFT

Page 2 of 71 DRAFT

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 SUBCONTRACTING COMMITMENTS--MONITORING AND COMPLIANCE (JUN

2011)

B.3 SUBCONTRACTING PLAN - MONITORING AND COMPLIANCE (JUN 2011)

B.4 PRODUCT DESCRIPTION

B.5 PRICE/COST SCHEDULE

B.6 IDIQ TERMS AND CONDITIONS

SECTION C - CONTRACT CLAUSES

C.1 ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—

COMMERCIAL ITEMS (JAN 2017)

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 52.232-18 AVAILABILITY OF FUNDS (APR 1984)

C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2017)

C.8 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008)

C.9 VAAR 852.203-71 DISPLAY OF DEPARTMENT OF VETERAN AFFAIRS

HOTLINE POSTER (DEC 1992)

C.10 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009)

C.11 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2012)

C.12 VAAR 852.246-70 GUARANTEE (JAN 2008)

C.13 VAAR 852.246-71 INSPECTION (JAN 2008)

C.14 MANDATORY WRITTEN DISCLOSURES

C.15 SAC 16-01 SAC SERVICE LEVEL AGREEMENT FEE AND SUBMISSION OF

QUARTERLY SALES REPORTS; OPEN MARKET (JANUARY 2016)

C.15 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) 37

E.2 ADDENDUM to ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—

COMMERCIAL ITEMS

E.3 ADDENDUM TO FAR 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (NOV 2017)

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E.5 52.216-1 TYPE OF CONTRACT (APR 1984)

E.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.8 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-

OWNED SMALL BUSINESS EVALUATION FACTORS (JUL 2016)(DEVIATION)

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

(JAN 2008)

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

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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 Strategic Acquisition Center 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 IDIQ contract. The CO will 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 Strategic Acquisition Center (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.

All contract administration matters will be handled by the following individuals:

a. CONTRACTOR: TBD

b. GOVERNMENT: Joy Garrett-Bey Contracting Officer 36C10G U.S. Department of Veterans Affairs Strategic Acquisition Center

Fredericksburg VA 22408

1.2 CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[X] 52.232-34, Payment by Electronic Funds Transfer— Other Than System For Award Management

1.3 INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

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

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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 an invoice to constitute a proper invoice:

a. Name and address of the contractor

b. Invoice date and number

c. VA facility name and address

d. Purchase order (PO) number

e. Contract No.

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

g. Date of Surgery

h. Implant Device Serial/Lot Number

i. Patient Unique Identifier

j. Cumulative billing (per line item and total)

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

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

1.4.2 Invoice inquires - If you have questions about the payment status of submitted invoice.

Complete the Attachment 1 – Invoice Inquiry Format and submit to order Point of Contact (POC). All inquiries containing patient information (PII, PHI) must be transmitted via facsimile or encrypted email by using “Virtru Pro”. Contractor would need to purchase “Virtru Pro” licenses, at contractor expense without reimbursement by the Government, in order to initiate encrypted emails to the VA. Transmission by any other method is unacceptable, unless authorized in writing by the SAC CO and approved by the VA Information Security Officer and Privacy Officer.

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 this contract is $2,500.00 which will be obligated at the time of IDIQ award. Orders beyond the minimum will 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 contract shall not exceed $101,962,212.00. The Government’s obligation for the minimum guarantee amount applies only to the base period of the contract.

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1.7 CONTRACTOR PERFORMANCE

1.7.1 Attachment 2, 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 should be noted that issuance of a CDR should 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 will become part of the official file and will be used to report on annual performance under the IDIQ.

1.7.2 If use of a CDR is warranted, the CO/COR shall complete the CDR, citing the IDIQ and/or delivery order (DO) number and the specific IDIQ and/or DO 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 will issue a final recommendation or plan of action. The CO, COR and contractor will maintain communication to ensure the recommendation or plan of action is carried out.

1.7.3 The contractor’s performance on the IDIQ will be reported to the Contractor Performance Assessment Reporting System (CPARS) on an annual basis. The CO and COR will 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 SUBCONTRACTING COMMITMENTS--MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes VAAR 852.215-70, Service-Disabled Veteran-Owned and Veteran- Owned Small Business Evaluation Factors, and VAAR 852.215-71, Evaluation Factor Commitments. Accordingly, any contract resulting from this solicitation will include these clauses. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) to assist in assessing contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the contractor's business records or other proprietary data to review such business records regarding contract 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

Page 7 of 71 DRAFT 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 compliance with the subcontracting commitments.

B.3 SUBCONTRACTING PLAN - MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes FAR 52.219-9, Small Business Subcontracting Plan, and VAAR 852.219-9, VA Small Business Subcontracting Plan Minimum Requirement. Accordingly, any contract resulting from this solicitation will include these clauses. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) to assist in assessing the contractor's compliance with the plan, including reviewing the contractor's accomplishments in achieving the subcontracting goals in the plan.

To that end, the support contractor(s) may require access to the contractor's business records or other proprietary data 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 compliance with the subcontracting plan.

B.4 PRODUCT DESCRIPTION

4.1 INTRODUCTION

The Veterans Health Administration’s (VHA) Prosthetic Clinical Management Program (PCMP) has identified Walkers (Pick-Up & Wheeled/ Rollators) for In-Home Use as a uniform preferred product for continued consolidated contracting. The purpose of consolidated contracting is to obtain user uniformity and quality products at competitive prices. This standardization initiative is in accordance with VHA’s PCMP Charter signed by the Under Secretary for Health on February 9, 2001.

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), 1,053 outpatient sites , 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.

VHA PSAS have a need for walkers (pick-up & rollators) for in home use. The objective of this procurement is to ensure availability and consistency of products for nationwide usage and to obtain volume-based, standardized pricing by establishing an enterprise-wide Indefinite Delivery

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Indefinite Quantity (IDIQ) contract. The Government desires to continue the practice of reducing costs of products and sources of supply while, simultaneously, balancing clinician considerations for obtaining quality products.

A walker is a tool for disabled or elderly people who need additional support to maintain balance or stability while walking. Walkers are used as a mobility aid for independence and accessibility to walk and used for weight bearing movement. They are also typically used for limited walking and provide strength, support, comfort and durability for the user.

4.2 SCOPE OF WORK

The contractor shall provide uninterrupted delivery of approved walkers (pick-up & rollators) for in home use as specified in the agreement and the resulting orders The contractor shall conduct business operations that adhere to all applicable Federal, State, local laws and regulations.

Walkers (pick-up & rollators) for in home use will be decentralized and procured through IDIQs wherein individual VAMC facilities shall have the authority to place delivery orders against the IDIQs. The delivery orders shall indicate the specific items ordered, item quantities, and all necessary delivery and payment procedures.

4.3 PERFORMANCE

The period of performance is for 1-year base with four 1-year options. The specific delivery locations and timeframes will be established under each delivery order. The Government’s decision to continue with this procurement will be based upon the performance of the contractor each year and the continued need of the Government.

Orders issued under this contract will be firm-fixed price. The contractor shall provide the supplies and resources necessary to accomplish the requirements described in this contract.

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4.4 REQUIREMENTS

The following minimum technical specifications apply to all model sizes offered under this contract:

PRODUCT IDENTIFICATION AND MINIMUM TECHNICAL REQUIREMENTS (MTR’s)

Group One

Walker, Folding (Pick-Up), Adult, Adjustable (E0135)

MTR 1 Height Adjustable – For average adult

MTR 2 Folding

MTR 3 Shall use a locking mechanism when open

MTR 4 Padded hand grips, non - porous, easily disinfected

MTR 5 Weight capacity >/= 250 lbs.

MTR 6 Manufactured from non-corrosive materials

MTR 7 Total weight of walker is </= 8 lbs.

Required Accessories/Options

MTR 8 Tray /Cup Holder

MTR 9 Platform Attachment Capability:

MTR 9a Weight capacity >/= 250 lbs.

MTR 9b Padded Hand grips, non-porous, easily disinfected & adjust quickly and easy w/o tools for different user settings

MTR 10 Leg Extensions (accommodate height up to 6’4”)

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Group Two

Walker, Folding (Pick-Up), Adult, Adjustable Front Wheels w/o Seat (E0143)

MTR 1 Height Adjustable – For average adult

MTR 2 Folding

MTR 3 Shall use a locking mechanism when open

MTR 4 Padded hand grips, non-porous, easily disinfected

MTR 5 Weight capacity >/= 250 lbs.

MTR 6 Manufactured from non-corrosive materials

MTR 7 Total weight of walker is </= 8 lbs.

MTR 8 Minimum diameter of front wheels is >/= 4inches

Required Accessories/Options

MTR 9 Tray /Cup Holder

MTR 10 Rear Post Gliders

MTR 11 Glide Brakes (Rear Wheels)

MTR 12 Platform walker attachment capability:

MTR 12a Weight capacity >/= 250 lbs.

MTR 12b Padded Hand grips, non-porous, easily disinfected & adjust quickly and easy w/o tools for different user settings

MTR 13 Leg Extensions to accommodate height up to 6’4”

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Group Three

Walker Folding, Wheeled with Posterior Seat, Adult, Adjustable (Rollator) (VA195)

MTR 1 Height Adjustable – for up to 5’11” – no tools required (capable of adapting, being made suitable for a use)

MTR 2 Folding

MTR 3 4 Wheels with minimum 6” diameter

MTR 4 Padded hand grips, non-porous, easily disinfected

MTR 5 Weight capacity >/= 250 lbs.

MTR 6 Manufactured from non-corrosive materials

MTR 7 Seat has back support or strap

MTR 8 Hand controlled brake mechanism for rear wheels

MTR 9 Seat height of 22” +/- 2 inch

MTR 10 Seat width of 17” +/- 2 inch

MTR 11 Seat material is non-porous, easily disinfected

Required Accessories/Options

MTR 12 Basket/Bag

MTR 13 Oxygen Tank Holder

MTR 14 Extensions to accommodate height up to 6’4”

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Group Four

Walker Folding, Wheeled with Posterior Seat, Adult, Adjustable, Heavy Duty, (Rollator) (VA196)

MTR 1 Height Adjustable – for up to 5’11” – no tools required (capable of adapting, being made suitable for a use)

MTR 2 Folding

MTR 3 4 Wheels with minimum 6” diameter

MTR 4 Padded hand grips, non-porous, easily disinfected

MTR 5 Weight capacity >/= 450 lbs.

MTR 6 Manufactured from non-corrosive materials

MTR 7 Seat has back support or strap

MTR 8 Hand controlled brake mechanism for rear wheels

MTR 9 Seat height of 22” +/- 2 inch

MTR 10 Seat width of 18” +/- 2 inch

MTR 11 Seat material is non-porous, easily disinfected

Required Accessories/Options

MTR 12 Basket/Bag

MTR 13 Oxygen Tank Holder

MTR 14 Extensions to accommodate height up to 6’4”

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Group Five

Walker, Folding (Pick-Up), Front Wheels, Adult, Adjustable, Heavy Duty (E0149)

MTR 1 Height Adjustable – For average adult

MTR 2 Folding

MTR 3 Shall use a locking mechanism when open

MTR 4 Padded hand grips, non-porous, easily disinfected

MTR 5 Weight capacity >/= 450 lbs.

MTR 6 Manufactured from non-corrosive materials

MTR 7 Total weight of walker is </= 8 lbs.

MTR 8 Minimum diameter of front wheels is >/= 4inches

Required Accessories/Options

MTR 9 Tray /Cup Holder

MTR 10 Rear Post Gliders

MTR 11 Glide Brakes (Rear Wheels)

MTR 12 Platform walker attachment capability:

MTR 12a Weight capacity >/= 250 lbs.

MTR 12b Padded Hand grips, non-porous, easily disinfected & adjust quickly and easy w/o tools for different user settings

MTR 13 Leg Extensions to accommodate height up to 6’4”

MTR 14 Leg Extensions w/ standard (to make a standard walker)

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4.5 INFORMATION SECURITY CONSIDERATIONS

The Certification and Accreditation (C&A) requirements do not apply and a Security Accreditation Package is not required (See VA6500).

Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).

The contractor shall safeguard Protected Health Information (PHI) and Personally Identifiable Information (PII). The VA 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."

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.

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.

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.5 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES

QUANTITY UNIT UNIT

PRICE

AMOUNT

0000 See Attachment 3 - Excel Product/Price Schedule for details

GRAND TOTAL __________________

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B.6 IDIQ TERMS AND CONDITIONS

6.1 PRODUCT REMOVAL OR RECALL

For any product awarded under this contract removed or recalled by the manufacturer due to defects in the product or potential dangers to patients, or if any required removal or recall is suggested or mandated by a regulatory or official agency, the manufacturer agrees to take following steps immediately:

Notify the Contracting Officer (CO) at the Strategic Acquisition Center in writing, by the most expeditious manner possible.

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

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

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

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

A copy of the notification 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

6.2 PRODUCT REFRESH

Product refresh is when a current CLIN is no longer being manufactured due to obsolescence and the product item is being replaced with a newer, and more often, a superior version of the same item. The current CLIN product will be revised to reflect the refreshed product information, manufacturer’s part number, IDIQ price (inclusive of SLA fee), etc.

The Government reserves the right to not accept the products offered under product refresh. All products offered shall be provided with the contractor’s commercial warranty.

The contractor agrees to ensure that all upgraded improved/replaced products meet American with Disabilities Act (ADA) and Health Information Portability and Accountability Act (HIPAA) federal requirements, See Attachment 4 – Sample Business Associate Agreement.

The contractor shall provide the CO, CS and COR the following information for product refresh:

(1) A list of specific awarded item(s) being refreshed in the Price/Cost Schedule (to include commercial pricing, discount offered, and IDIQ price (inclusive of SLA fee));

(2) Product literature for the item(s) refreshed.

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(3) A detailed description of the differences or benefits of refreshed as compared to the item(s) being discontinued or added.

(4) Proper identification of any product requirements and/or procedures related to those product(s) proposed to be refreshed or upgraded.

(5) FDA approval. If applicable

(6) Provide historical sales to VA by item(s), if applicable

(7) Copy of Commercial Warranty.

The request shall be submitted to the CO, CS and COR for review and approval. The CO shall prepare a bilateral modification for execution if approved.

6.3 NOTIFICATION OF SUBSTITUTED AND BACK-ORDERED ITEMS/REPLACEMENT

WITH ALTERNATE SUPPLY

The contractor shall notify the authorized purchaser point of contact (POC) 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 the order POC. 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.

The contractor agrees to 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.

6.4 ORDERING

The resultant IDIQ will be decentralized.

Orders below micro-purchase threshold will be placed by Prosthetics. Orders over micro-purchase threshold shall be placed by warranted CO or until such time as Ordering Officers are authorized. 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.

“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.

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

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.

Orders shall be made via one of the following methods: To be identified by the contractor in response to the solicitation ______________TBD___________________(i.e. fax, email etc.).

At a minimum, order shall contain the following information:

• Date of order.

• Contract number and order number.

• 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.

• Delivery or performance schedule.

• Place of delivery or performance (including consignee).

• Any packaging, packing, and shipping instructions.

• Accounting and appropriation data.

• Method of payment and payment office, if not specified in the contract

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 Department of Veterans Affairs 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 Contracting Officer in accordance with VA Procurement Policy.

6.5 REPORTS

In order to track compliance, VA requires the contractor to submit quarterly sale reports (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. The format shall be developed by the contractor and submitted to Government for review upon award. The QSR shall be submitted during the current Government fiscal calendar year. See below:

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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 agrees that they 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 and Contracting Officer identified in B.1, and VA Program Advisory Services (PAS) at VA003B1DEmp@va.gov; until the contractor is notified, in writing, of different point of contact. The contractor shall identify the remittance amount and submit the QSR to CO and CS for review prior to remitting SLA fee in pay.gov.

A closeout report must 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.

6.6 DELIVERY REQUIREMENTS

Standard Delivery: Delivery shall be made 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).

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.

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.

This 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.

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.

mailto:VA003B1DEmp@va.gov

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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. Regular 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.

Schedule for Deliverables: The following provisions apply to all shipments:

Inspection: Destination

Acceptance: Destination

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.

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)

Set up, Assembly and Testing

The contractor is wholly responsible for the safe delivery Free On Board (FOB) destination, set up, assembly, and testing of every walker delivered to the Veteran. Contractor will ensure the walker is professionally set-up and assembled during delivery by fitting together the separate component parts as required for a complete assembly. The walker will also be tested to ensure functionality, safety, and use. After the assembly is complete, the contractor is responsible for all trash removal. Only walkers that have been (a) delivered, (b) assembled, (c) tested, and (d) accepted by the Veteran will constitute a complete order.

6.7. INSPECTION AND ACCEPTANCE

The acceptance paragraph in FAR 52.212-4 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.

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6.8 CONTRACT MODIFICATIONS AND PRICE ADJUSTMENTS

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

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SECTION C - CONTRACT CLAUSES

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

ITEMS (JAN 2017)

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:

(End of Addendum to 52.212-4)

C.2 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from to be inserted at award through to be inserted at award.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause)

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

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $75,000.00;

(2) Any order for a combination of items in excess of $150,000.00; or

(3) A series of orders from the same ordering office within seven (7) days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within days after issuance, with written notice stating the

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Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

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

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after to be inserted at award.

(End of Clause)

C.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause)

C.6 52.232-18 AVAILABILITY OF FUNDS (APR 1984)

Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and

Page 23 of 71 DRAFT until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(End of Clause)

C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2017)

(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 (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 (OCT 2016) (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. (OCT 2015) (31 U.S.C. 6101 note).

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[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)).

[X] (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)).

[] (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (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 (NOV 2011) (15 U.S.C. 657f).

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[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)).

[X] (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 (SEP 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). (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.)

[X] (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016).

(Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

[X] (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).

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[] (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.)

[] (38) 52.223-11, Ozone-Depleting Substances and High…