36C10G18R0150-004.docx

36C10G18R0150 | VA -18-0000464

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

36C10G18R0150 03-0 -2018 Gwennifer Epps | Gwennifer.Epps@va.gov 202-382-3159 04-23-2018

3:30 PM, EDT.

36C10G U.S. Department of Veterans Affairs OPAL | Strategic Acquisition Center 10300 Spotsylvania Ave Suite 400 Fredericksburg VA 22408 X X X 339116 N/A X 36C10G U.S. Department of Veterans Affairs OPAL | Strategic Acquisition Center 10300 Spotsylvania Ave Suite 400 Fredericksburg VA 22408 U.S. Department of Veterans Affairs OPAL | Strategic Acquisition Center 10300 Spotsylvania Ave Suite 400 Fredericksburg VA 22408

U.S. Department of Veterans Affairs Financial Services Center

PO BOX 149971

Austin TX 78714-8917 Description | Title: DENTAL LABORATORY SERVICES NOTE: THE SPAN OF OPERATIONAL CAPABILITES FOR THIS REQUIREMENT REQUIREMENTREREQUIREMMENT NAL

IS “NATIONAL”.

Multiple-awards, Indefinite Delivery Indefinite Quantity (IDIQ) contract is anticipated in response to this notice ; minimum guarantee and maximum amount applies as stated in Section B.4 Performance Work Statement (PWS).

Prospective Offerors may submit questions requesting clarifications of solicitation requirement via e-mail to the Contract Specialist, Gwennifer.Epps@va.gov and copy "cc" the Contracting Officer, Ken.Carter@va.gov no later than 1:00 P.M., on Monday, March 19, 2018 Eastern Daylight Time (EDT). Proposals are due on Monday, April 23, 2018

, 3:30 PM, EDT.

The participation of ALL OTHER SMALL BUSINESS CONCERNS, fully capable of fulfilling the PWS, are HIGHLY ENCOURAGED to respond to the solicitation.

X X Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

(Continuation from Standard Form 1449, block 18A.)

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

a. CONTRACTOR: TBD

b. GOVERNMENT: Contracting Officer 36C10G U.S. Department of Veterans Affairs OPAL | Strategic Acquisition Center 10300 Spotsylvania Ave | STE 400 Fredericksburg VA 22408-2697

c. Program Office POC - TBD

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with: 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 INVOICES: Payments shall be made monthly in arrears upon receipt of a properly prepared receipt. The Vendor shall invoice orders as indicated on the individual delivery order.

In order to comply with the Improper Payment Elimination and Recovery Act of 2010 (IPERA), the VA has mandated electronic invoice submission to the Veterans Affairs Financial Services Center (VAFSC). Tungsten electronic invoicing is free to all VA vendors. In order to submit electronic invoices, all VA vendors must register with Tungsten by logging on to http://www.tungsten-network.com/media/47595/ob10_howto_register_13_v3.pdf and following the registration instructions or calling 1-877-489-6135 for Enrollment.

Contractor shall submit an electronic invoice by the tenth (10th) of the following month services were performed to the Veterans Affairs Financial Services Center (VAFSC) e-Invoice through the website at https://portal.ob10.com/Login.aspx for questions regarding the submission of VA electronic invoices, Tungsten/OB10 customer service may be contacted at 1-877-489-6135.

All invoices shall reference the vendor name and address, customer name, contract number, appropriate obligation/Purchase (Funding) Order Number, description of services provided, quantity, unit price, and total invoice amount. Invoices shall also include any payment discount terms.

For questions regarding invoice receipt or payment, please call VAFSC directly at 1-877-353-9791 or email vafsccshd@va.gov.

3. INVOICES: Invoices shall be submitted in arrears:

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.

U.S. Department of Veterans Affairs Financial Services Center

PO BOX 149971

(see Section B.4 – subtab: 2.7 invoicing/payment)

Austin TX 78714-8917 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes FAR 52.219-4 Notice of Price Evaluation Preference for HubZone Small Business Concerns. 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 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 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.4 PERFORMANCE WORK STATEMENT

GENERAL INFORMATION

Vendor shall furnish all necessary labor (including diagnostic wax up services), equipment, supplies, packaging, transportation, manifests, and reports necessary to fabricate, and deliver the materials listed below in accordance with the period of performance in section 1.4 of this document.

All work requested in this contract shall include all necessary “model work” including impression pouring, die trimming, and articulation.

The price of a fixed partial denture includes the price of the retainers and pontic(s). These bridge units will be priced at the rate of a single crown times the number of units in the fixed partial denture. The price of the prosthesis (dental porcelain fused to metal crowns and fixed partial dentures) shall not change if the prescription request metal occlusal or lingual surfaces; metal rest seats, guide planes and contour undercuts (survey crowns); porcelain butt margins, metal collars; or retro-fitting a crown to an existing removable partial denture. The price of the crown and bridge unit will include the price of the metal (dental casting high noble or noble alloy). There will not be an additional cost for metal.

The price of a removable partial denture cast framework shall not change if the prescription requests multiple clasps or wrought wire clasps, metal backings; or a lingual plate major connector. Complete dentures and partial dentures will include patient identifying information if requested at no additional charge.

Quantities are estimates only and are as follow:

Base Period (FY 2018) - (The Offeror shall complete Attachment 1, Price |Cost Schedule.)

1.0 GENERAL INFORMATION

1.1 TITLE OF PROJECT

The title of this project is VA Central Dental Laboratory (CDL) Dental Laboratory Services; and the short title of this project is Dental Laboratory Services.

1.2 BACKGROUND

The Department of Veterans Affairs (VA), through the Veterans Health Administration (VHA), operates the nation’s largest integrated direct health care delivery system. VHA’s health care delivery network includes a total of 1,243 VA health care facilities, including 170 medical centers and 1,063 outpatient sites of care of varying complexity (VHA outpatient clinics), serving 9 million enrolled Veterans each year. VA’s health care system is organized into 18 geographically defined Veterans Integrated Service Networks (VISNs). Although policies and guidelines are developed at VA headquarters, and applied throughout the system, management authority for basic decision making and budgetary responsibilities are delegated to the VISNs. VAMCs within each VISN refer dental laboratory work to VA Central Dental Laboratories (CDL) and to local commercial dental laboratories to perform required services.

The Department of Veterans Affairs (VA), through the Veterans Health Administration (VHA), operates the nation’s largest integrated direct health care delivery system. The VHA health care delivery network includes 205 locations where dental care is delivered to Veteran patients.

Dental Services at the medical facilities access dental laboratory services in a variety of ways including in-house dental laboratories, local contracts and the VA Central Dental laboratories in Dallas and Washington DC.

VA Dental Care serves as the foundation and first point of contact within the health care system for enrolled, eligible Veterans’ dental needs. Dental benefits are provided by VA according to law. In some instances, VA is authorized to provide extensive dental care, while in other cases treatment may be limited.

Contracts for outsourcing of dental laboratory services are required due to steadily increasing workload levels at the Dental Services and at both CDL locations. Workload has increased significantly in recent years and contract support is required to ensure adequate access to care for this National strategic requirement.

1.3 SCOPE OF WORK

The Contractor shall provide all resources necessary to accomplish the requirements described in the Performance Work Statement (PWS). The Contractor shall provide dental laboratory services outlined in this PWS.

The dental laboratory services that may be authorized under this contract include:

1. Fabrication of porcelain fused to metal crowns and fixed partial dentures

1. Fabrication of Full gold crowns and fixed partial dentures

1. Implant supported crowns and fixed partial dentures

1. Abutments

1. Resin-bonded bridges

1. Removable partial denture frameworks

1. Diagnostic wax-ups for crown and bridge (C&B) cases

1. Custom provisional C&B prostheses

1. All-ceramic C&B prostheses

1. Implant connecting bars (precious metal/titanium)

1. C&B metal/titanium/zirconium substructures

1. Application of veneering porcelain to existing/CDL submitted metal or ceramic C&B copings and fixed partial denture (FPD) substructures.

1. Acrylic services including complete dentures, removable partial dentures and flexible partial dentures

1. Devices for the treatment of obstructive sleep apnea

1. Occlusal guards The Contractor shall provide sufficient management to ensure that the work specified in this contract is performed efficiently, accurately, on time, and in compliance with the terms and conditions of the contract. Contractors that can receive and process digital CAD/CAM files should make that capability known in their response to the solicitation.

The Contractor shall provide services and support to VA customers as defined herein.

PERFORMANCE DETAILS

1.4 PERIOD OF PERFORMANCE

A contract awarded in response to this RFP will begin upon award and expire one year from the date of contract execution. The Dental Laboratory Service shall have the option to extend the contract for four (4) additional one (1) year option period(s).

Any work at the Government site shall not take place on Federal holidays or weekends, or OPM-directed closing unless directed by the Contracting Officer (CO). Work hours will be from 8:00 a.m. – 4:30 p.m., Eastern Standard/Daylight Time (EST/EDT)

1.5 PLACE OF PERFORMANCE

Tasks under this PWS shall be completed at the Contractor’s facilities.

1.6 TRAVEL

The Government does not anticipate travel for this requirement.

1.7 POST-AWARD KICKOFF MEETING

Within 10 business days of contract award, the Contractor shall coordinate with the VA Contracting Officer Representative (COR) and the Contracting Officer (CO) to conduct a Project Initiation/Kickoff meeting with VA. The meeting shall initiate the communication process between VA and the Contractor and shall be held at 10300 Spotsylvania Ave Fredericksburg, VA or via conference call. The purpose of this meeting is to:

Introduce the key contractor personnel performing work related to this requirement;

Provide an overview of requirement administration and reporting;

Review draft baseline management plan and significant dates; and, Complete standard administrative tasks.

2.0 SUMMARY OF REQUIREMENTS

2.1 GENERAL INFORMATION

The Contracting Officer and/or appointed representative reserve the right to inspect the contractor's facilities and other qualifications at any time during normal business hours.

Contracting Officer’s Representative (COR), in collaboration with the customer will regularly inspect returned work specimens in accordance with Quality Assurance Surveillance Plan (QASP).

Standards by the ANSI in cooperation with the American Dental Association Department of Standards require that all materials used for fabrication of dental prostheses meet the Standard Practices for Biological Evaluation of Dental Materials.

2.2.2 FOOD AND DRUG ADMINISTRATION (FDA) REQUIREMENTS

Contractor must comply with the regulations governing FDA Quality System/Good Manufacturing Practices for products distributed in the United States dental laboratories. FDA regulations prohibit the use of lead in the surface material used to fabricate dental prostheses.

2.2.3 QUALITY MANUFACTURING

The Contractor must assure that all dental prostheses supplied to VA customers comply with all FDA and ANSI regulations and standards, using high quality materials. The Contractor must assure that dental prostheses or appliances assembled or created under the contract will not be manufactured outside of the United States.

2.2.4 CLEANLINESS

Contractor shall adhere to OSHA standards and disinfect all dental impressions and prostheses.

2.2.5 MATERIAL REQUIREMENTS

High Noble Alloys: Noble Metal Content must be >40% (Gold + Platinum Group) and shall be used in the fabrication of full gold crowns and fixed partial dentures (bridges); and in porcelain fused to metal crowns and fixed partial dentures if requested by the customer.

Noble Alloys: Noble Metal Content must be > 25% (Gold + Platinum Group) shall be used in the fabrication of full gold crowns and fixed partial dentures (bridges) and in porcelain fused to metal crowns and fixed partial dentures.

The contractor shall provide porcelain fused to metal crowns and fixed partial dentures with options of metal occlusal surfaces, crown (survey) under partial denture, porcelain labial butt margin and implant crown and abutments. The contract laboratory shall identify by affixing the most recent manufacturer label to provide a description of the metal alloy components and percentages used in the fabrication of each of the requested dental prostheses. The contract laboratory shall identify in writing (per case) the type of porcelain used in the fabrication of the porcelain fused to metal dental restorations and in instances where porcelain application only is requested. The alloy used for PFM restorations shall contain less than 30% silver. The total combined content of the base metals used for PFM restorations shall not exceed 25%.

Non-precious alloys (nickel and beryllium free) shall be used for resin-bonded (Maryland bridges) fixed partial dentures.

Cast metal partial denture frameworks shall be fabricated of a cobalt chromium metal alloy; free of nickel and beryllium.

2.3 TURN-AROUND TIMES

Turn-around times required for each type of fabrication or repair from Contractor receipt until returned to the authorizing VA customer shall be within ten (10) days for crown and bridge prostheses. Services will be based on the chart below. Turn-around times are defined in business days and do not include weekends or federal holidays as defined by the Office of Personnel Management. In case of longer turn-around times, the Contractor must notify the COR of the delay, in writing, as soon as the delay becomes known and before the maximum number of days has expired. This notification must include the reason for delay and the requested amount of additional time.

denture repairs; and Clasp additions and repairs Complete Denture and Removable Partial Denture, Process and Finish

Cast Partial Framework

Occlusal guards

Processed Surgical Stents

Mandibular Repositioning Device for Treatment of Sleep Apnea

Implant Connecting Bars

2.4 ORDERING PROCCEDURES

Task orders against this contract will be placed in accordance with this section. All task orders placed incorporate all terms and conditions of the contract.

2.4.1 ORDERING OFFICIALS

Task orders will be placed by ordering officials designated by the Logistics Officer at each station. Ordering officials will be from the supported medical facilities and the Central Dental Laboratory divisions in Washington DC and Dallas, TX. The ordering customer will issue a prescription to a contractor. Prescriptions constitute binding task orders under this contract.

2.4.2 PROCEDURES

IDIQ contracts to multiple awardees are established with a minimum and maximum order limits. The contracts awarded under the solicitation shall have a minimum of $1,000.00 for each vendor. The minimum guarantee only applies to the base year. The maximum amounts shall not exceed $1,000,000.00 for any single order. After the minimum is met, stations will place task orders with desired vendors. Refer to clause 52.216-19 for ordering limitations.

2.4.3 GOVERNMENT PACKAGING

Orders sent to contractors will include the following information:

(i) Date of order.

(ii) Case Number

(ii) Contract number and order number.

(iii) For supplies and services, description and quantity as per prescription.

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

· A copy of the Manifest listing all of the cases being shipped will also be included.

(v) Accounting and Appropriation data

1. Dallas, TX CDL

Central Dental Laboratory (160L) Building 77 VA North Texas Health Care System 4500 South Lancaster Road Dallas, TX 75216

1. Washington, D.C. CDL

Veterans Affairs Medical Center Central Dental Laboratory (1H220) 50 Irving Street, N.W.

Washington, DC 20422

1. Each individual medical facility as designating by the respective ordering official

2.5.2 SHIPPING METHOD

Contractor shall use “Next Day” mail or equivalent overnight express delivery service for all products. Return shipping costs shall be the responsibility of the Contractor. Signature confirmation is required.

2.5.3 CONTRACTOR PACKAGING

Contractor shall adhere to the following guidelines when packaging products for return to VA:

1. Remove dies from models, wrap in cotton and place in plastic containers.

1. Wrap all components individually in bubble wrap and secure.

1. Pack items securely in shipping box with sufficient bubble wrap to avoid movement during shipment.

1. All completed cases shall be disinfected and returned to the authorizing CDL via shipping methods defined in 2.5.2.

1. Contractor must identify the specific type of metal used in the prosthesis and include with the shipment.

2.5.4 CONTENTS

Contractor shall include the following items in each returned product to VA:

1. All original materials supplied by VA

1. Chain of custody from receipt of items to packaging for shipment

1. Itemized non-payable invoice or packing list as detailed in paragraph 2.6.1

1. A copy or original of the manufacturer label, to provide a description of the metal alloy components and percentages used in the fabrication of each of the requested dental products. Contractor shall identify in writing (per case), the type of porcelain used in the fabrication of the porcelain fused to metal dental restorations

1. A copy of the original lab prescription from the authorizing CDL or Dental Service

2.5.5 DELINQUENCY

Delinquent delivery shall not exceed 5% of the number of orders placed per batch, per quarter, and/or the total number of orders placed for this contract period (year).

All dental prostheses returned from the contracted laboratory will be evaluated by the authorizing customer. Returned prostheses that fail to meet patient requirements will be returned to the contractor for correction, adjustment, or remake. All dental prostheses returned to the contractor for correction, adjustment, or remake shall be delivered to the authorizing customer within three (3) business days of date received.

2.6.2 REQUIREMENTS

Prostheses delivered to VA must adhere to the following standards:

1. Marginal integrity – crown and bridge prosthetic margins are complete and closed to the marked die margins

1. Occlusal relationship – the prosthesis contacts the opposing teeth positively and lightly when biting; for complete or partial dentures the occlusal scheme will be monoplane, anatomic (full balanced); or lingualized per prescription

1. Esthetics/anatomic contours – the prosthesis matches the shape and contour of the surrounding teeth, as well as the prescribed shade/color

1. Acrylic resin - Acrylic dentures will utilize Lucitone 199 acrylic resin or equivalent

1. Denture Teeth - Dentures will utilize Trubyte IPN (Dentsply) teeth or equivalent Products not conforming to these requirements will require rework. Financial responsibility for rework is defined in paragraph 2.6.3. Acceptable quantities of rework are defined in paragraph 2.6.4.

2.6.3 FINANCIAL RESPONSIBLIITY

Prostheses returned to Contractor for rework due to Contractor error shall have necessary corrections, adjustments, or remakes performed no cost to VA. Prostheses returned to Contractor for rework due to VA error will have necessary corrections, adjustments, or remakes performed at contract rates – payable by VA. The Contractor must provide proof that the error was due to VA error for consideration of payment under the contract.

2.6.4 FREQUENCY OF REWORK

Rework due to contractor error shall not exceed 5% of the number of orders placed per batch, per quarter, and/or the total number of orders placed for this contract period (year).

2.7 INVOICING

The Product Copy, as outlined in paragraph 2.7.1, is not considered a request for payment. Only invoices received via the Electronic Batch process in paragraph 2.7.2 will be processed for payment. The contractor must ensure that they invoice based on the customer that requested the work.

2.7.1 PRODUCT COPY

Contractor shall include a packing list of the contents of each returned product, included in return packaging as described in paragraph 2.5.3, which includes the following information:

1. Itemized invoice

1. Invoice number

1. Name, address, & phone number of Contractor

1. Current year’s purchase order number

1. Authorizing CDL or Dental Service

1. Case tracking number

1. Lot number of materials used in each product

1. Original VA cast number if designated

2.7.2 ELECTRONIC BATCH

Electronic invoices for received batches shall be submitted to the authorizing medical facility via the Financial Services Center (FSC) for payment.

3.0 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

The Government will utilize a Quality Assurance Surveillance Plan (QASP) to monitor the quality of the Contractor’s performance. The oversight provided for in the QASP will help to ensure that the Contractor performs satisfactorily and will reach and maintain the required levels throughout the contract term. Further, the QASP provides the COR with a proactive way to monitor unacceptable or deficient performance, and provides verifiable input for the required Past Performance Information Assessments. The QASP is incorporated as in the document.

The Contractor shall establish and implement a Quality Assurance Plan (QAP) which corresponds to the VA Quality Assurance and Surveillance Plan, which monitors, evaluates, and appropriately addresses its quality assurance, performance measurement, and other quality and safety-related issues. The plan shall be in compliance with all relevant Federal or State laws and regulations. The Contractor shall submit a copy of their plan to the COR and the CO for approval before commencement of contract performance and every 12 months thereafter.

The Quality Assurance Surveillance Plan (QASP) does not detail how the contractor accomplishes the work. Rather, the QASP is created with the premise that the contractor is responsible for management and quality control actions to meet the terms of the contract. It is the Government’s objective to be objective, fair and consistent in evaluation performance.

The QASP is a “living document” and the Government may review and revise it on a regular basis. However, the Government shall coordinate changes with the contractor.

B.5 PRICE/COST SCHEDULE

ITEM INFORMATION

Contract Period: Base POP Begin:

POP End:

SEE ATTACHMENT 1 - Offerors must submit costs for all periods of performance: Base year plus four (4) Option years

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN 2017)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(r) Compliance with laws unique to Government contracts.