36C10G19R0008-002.docx

36C10G19R0008

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

John Tarver

(540) 735-3850

September 14, 2019 4:00 P.M.

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

See individual order for details.

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

10300 Spotsylvania Ave | STE 400 Fredericksburg VA 22408-2697

See individual orders for details.

Title: Hospital Beds for In Home Use and Ancillary Accessories.

See Attachment 3 Price/Cost Schedule details

Minimum guarantee for the base year is $20,000.

The date and time of closing is: September 13, 2019 at 4:00p.m. Eastern Time

Lawrence B. Toperoff Contracting Officer

Table of Contents

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 contracts and modifications, and ensuring that annual performance evaluations are completed at the contract level. Nevertheless, any CO assigned to the SAC and acting within his/her warrant authority may take formal action on this contract when a contract action needs to be taken and the primary CO is unavailable. The CO reserves the right to designate a Contracting Officer’s Representative (COR) at the Indefinite Delivery Indefinite Quantity (IDIQ) contract level. The CO shall issue a designation letter to the COR and the contractor to ensure that all parties understand the limited authority of the COR.

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

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

a. CONTRACTOR: To Be Determined (TBD) at time of award

U.S. Department of Veterans Affairs Strategic Acquisition Center 10300 Spotsylvania Ave | STE 400 Fredericksburg VA 22408 Phone: 540.735.3854 Email: lawrence.toperoff@va.gov

Contract Specialist:

John Tarver, Contract Specialist (CS) Phone: 540.735.3850 Email: john.tarver@va.gov

1.2 CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with Federal Acquisition Regulation (FAR):

[] 52.232-33, Payment by Electronic Funds Transfer – System For Award Management, or

1.3 INVOICES: Invoices shall be submitted in arrears based upon delivery and acceptance:

a. Quarterly []

b. Semi-Annually []

c. Other [x] (As specified at the order level)

1.4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with Veterans Affairs Acquisition Regulation (VAAR) clause 852.232-72 Electronic Submission of Payment Requests.

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

· Name and address of the contractor

· Invoice date and number

· VA Facility Name & Address

· Purchase Order No.

· Contract No.

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

· Patient Unique Identifier

· Cumulative billing (per line item and total)

· Proof of supplies delivered, or services performed MUST also be provided

· Signature, printed name and title of Government receiving official or veteran 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 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:

1.6 CONTRACT MINIMUM AND MAXIMUM DOLLAR VALUES

The minimum guaranteed amount is $20,000. Orders shall be determined by department needs.The Government has no obligation to award orders beyond the minimum guaranteed amount. In accordance with FAR 16.504(a)(4)(ii), the maximum aggregate value for all orders awarded under this contract shall not exceed $75M. The Government’s obligation for the minimum guarantee amount applies only in year one ordering period of the contract. If the Contractor receives total orders for less than the minimum amount in year one, the Government will pay the difference between the amount ordered and the minimum amount guaranteed for the year one ordering period of the contract.

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 that 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.

1.7.4 The Performance Metrics, Section B.5.11 (Performance Metrics), is a listing of the metrics that will be monitored during the contract term. The Performance Metrics provides the minimum standard of acceptable performance as well as the minimum acceptable quality level of the standard.

B.2 RESERVED

B.3 PRODUCT DESCRIPTION

3.1 INTRODUCTION

3.1.1 The Department of Veterans Affairs (VA) Prosthetics and Sensory Aid Service (PSAS) have a need for the Hospital Bed for In Home Use and Ancillary accessories such as Trapeze Bar and Mount, Bed Rails, and Mattress. The Veterans Health Administration (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.

3.1.2 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 enterprise-wide IDIQ contract. The Government desires to continue the practice of reducing costs by standardizing the ordering of products and sources of supply while, simultaneously, balancing clinician considerations for obtaining quality products.

3.1.3 The commodities to be acquired are Hospital Bed for In Home Use and Ancillary accessories, such as Trapeze Bar and Mount, Pendent, Head/Foot boards, Full, Half and Split Rails, and Mattress. The goal is for the Hospital Beds for In Home Use and Ancillary Accessories is to be utilized through Primary Care for Veterans being cared for outside of the hospital.

3.1.4 Hospital Beds for In Home Use and Ancillary Accessories must meet International Standards Organization (ISO) and International Electrotechnical Commission (IEC)_ standard 60601-1-11 and IEC standard 60601-2-52 or current standard in effect.

3.2 SCOPE OF WORK

3.2.1 The contractor shall provide an uninterrupted supply of products and delivery of Hospital Beds for In Home Use and Ancillary Accessories as specified in the contract. The contractor shall deliver products in accordance with Normal”, Expedited, and “Just-In-Time (JIT)” methods as outlined in section B.5.6 (delivery requirements).

The contractor shall conduct business operations that adhere to all applicable Federal, State, local laws and regulations.

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

3.2.3 The contractor shall be responsible for providing a VA specific product catalog that will allow streamlined ordering for the PSAS, local VA Contracting Officers and/or appointed Ordering Officers (when authorized by VA policy for Prosthetic purchases).

3.2.4 All VA issued orders shall comply with FAR 52.225-5 Trade Agreements Act.

3.3 GENERAL INFORMATION

3.3.1 Orders issued under this contract shall be firm fixed price.

3.3.2 The ordering period of performance is 60 months from effective date of award.

3.4 DESCRIPTION OF SUPPLIES

Ancillary Accessories:

Trapeze Bar and Mount

Pendent – controls electric movements of the bed

Head/Foot Boards

Full Rails

Half Rails

Split Rails

Mattress

3.5 INFORMATION SECURITY CONSIDERATIONS

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

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

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

(1) is created or received by a health care provider, health plan, or health care clearinghouse (e.g., a HIPAA-covered entity, such as VHA); (2) relates to the past, present, or future physical or mental condition of an individual, or provision of or payment for health care to an individual; and, (3) identifies the individual or where a reasonable basis exists to believe the information can be used to identify the individual. NOTE: VHA uses the term PHI to define information covered by the Privacy Act and the Title 38 confidentiality statutes in addition to HIPAA.

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

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

3.5.6 If invoice, follow up is required with ordering activity. Then transmission will be done by fax or encrypted mail. Contractor shall encrypt email by purchasing licenses of Virtru Pro to initiate encrypted emails to VA. Government will not reimburse contractor for purchase of Virtru Pro licenses.

B.4 PRICE/COST SCHEDULE

The negotiated pricing will apply through the life of the contract unless modified by the SAC CO.

Year one of Period of Performance (POP) Year one of POP Begin: TBD at time of award Year one of POP End: TBD at time of award

If the Contractor receives total orders for less than the minimum guarantee amount in year one, the Government will pay the difference between the amount ordered and the minimum amount guaranteed for the year one period of performance of the contract.

ACCOUNTING AND APPROPRIATIONS DATA

B.5 IDIQ TERMS AND CONDITIONS

5.1 PRODUCT REMOVAL OR RECALL

5.1.1 For any product awarded under this contract removed or recalled by the 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 or distributor shall to take following steps immediately:

5.1.2 Notify the CO at the SAC in writing, by the most expeditious manner possible.

5.1.3 Provide copies of the notification to CO, Contracting Specialist, Contracting Officer Representative, 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.

5.1.4 A copy of the notification will be provided to:

Manager, Product Recall Office National Center for Patient Safety Veterans Health Administration 24 Frank Lloyd Wright Drive, Lobby M Ann Arbor, MI 48106

5.2 TECHNOLOGY REFRESH, ITEM ADDITION, PRICE ADJUSTMENTS AND DELETION

5.2.1 The contractor shall provide improved items within the awarded product line as appropriate new industry technologies emerge and/or products become obsolete during the term of the contract. A revised product listing and documentation identified below shall be submitted in writing to the CO, CS and COR.

5.2.2 Further, the contractor shall ensure that all products offered must meet ISO and IEC standard 60601-1-1, and IEC standard 60601-2-52 or current standard in effect. All improved, enhanced, or replacement products shall contain the manufacturer’s commercial warranty.

5.2.3 The contractor shall ensure that all upgraded improved/replaced products meet American with Disabilities Act (ADA) and Health Information Portability and Accountability Act (HIPAA) Federal requirements.

5.2.4 The contractor shall provide the following information to the CO, CS and COR for review and approval:

(1) A complete modification request form that includes a list of specific awarded item(s) to be updated or/and added in the Attachment 3 –Schedule of Supplies;

(2) Product literature for the item(s);

(3) A detailed description of the differences or benefits of products 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;

(5) Literature from manufacture, and if a distributor also provide the manufacturer’s correspondence stating product meets ISO and IEC standard 60601-1-11, and IEC standard 60601-2-52 or current standard in effect;

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

(8) Copy of commercial warranty.

5.2.5 If approved, new items may be added to the contract via bilateral modification to contract and negotiation of pricing so long as items are within scope and pricing is determined fair and reasonable.

5.2.5.1 Item Additions: In addition to the items that are included in the initial award, the Government may add items to the contract that meet the scope outlined in the Product Description and which are determined to have a fair and reasonable price. New additions will not be accepted during year one of the period of performance. The Contractor may request addition of new items as outlined by the Contracting Officer.

5.2.5.2 Administration of Additions: Any requested additions must be approved by the Contracting Officer and PSAS before they may be offered under the contract. In order to be considered, any addition request must include a completed spreadsheet using Attachment 3 - Schedule of Supplies with all required information completed. Additionally, other than cost or pricing data must be provided that supports the offered pricing. The items requested may go through the same evaluation procedures as items under the initial proposal evaluation. Approval of addition requests shall be implemented by issuance of a contract modification along with the updated Attachment 3 - Schedule of Supplies incorporating all additions. The Government reserves the right to not accept new additions.

5.2.5.3 Item Price Adjustments: At any time during the performance of this contract, the Contractor may request changes to the price of an item already on the contract. In order to be considered, any change request must include a completed spreadsheet using the Attachment 3 – Schedule of Supplies with all required information completed. An acceptable explanation of why the change is required shall be submitted to support the request. Upward price adjustments will be considered in accordance with FAR 52.216-2. No price increase will be considered in year one of the contract. Contractors will be notified of approval of any change requests through issuance of a contract modification.

5.2.5.4 Item Deletions: At any time during the performance of this contract, the Government may elect to delete any item or items at no cost to the Government. Also, at any point during contract performance the Contractor may submit a request to delete items from the contract based on the items being obsolete, unavailable, out of production or superseded. All deletions from the contract shall be at no cost to the Government. Vendors will be notified of approval of any deletion requests through issuance of a contract modification and an updated Attachment 3 – Schedule of Supplies.

5.3 NOTIFICATION OF SUBSTITUTED AND BACK-ORDERED ITEMS

5.3.1 The contractor shall notify the authorized purchaser point of contact within one (1) business day for non-emergency orders and within four (4) hours of an emergency order if any parts/materials cannot be delivered in accordance with the individual delivery order requirements. To ensure that the correct items are shipped, the contractor shall not substitute items without prior approval by order point of contact. Instances where the contractor cannot meet the Government’s requirement(s), the contractor shall notify the order point of contact of the shortest delivery period available. If the contractor’s shortest delivery period is not acceptable to the Government, the Government reserves the right to procure the item(s) from other sources.

5.4 ORDERING

5.4.1 The resultant IDIQ will be decentralized. Orders below micro-purchase threshold ($10,000.00) will be placed by a Prosthetics or Logistics Government Credit holder. Orders over micro-purchase threshold shall be placed by warranted CO. Orders exceeding the micro-purchase threshold may be placed against this IDIQ via Electronic Data Interchange (EDI), facsimile, or in writing.

5.4.2 “Government wide commercial purchase card” means a uniquely numbered credit card issued by a contractor under GSA’s Government wide Contract for Fleet, Travel, and Purchase Card Services to named individual Government employees or entities to pay for official Government purchases.

5.4.3 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 (QSR).

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

[Offeror shall identify in proposal the acceptable methods, e.g. email address, phone number, fax number, and /or mailing address]

The contractor shall acknowledge receipt of a government purchase order and make every effort to confirm receipt back to the VA ordering official within the same business day of receipt but no later than the following business day.

5.4.5 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 inclusive of Service Level Agreement 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

5.4.6 Authorized to Purchase - Any individual at VHA who has ordering/contracting authority, on behalf of VHA, to place orders, may use the IDIQ. Other Governmental Agencies will require an interagency agreement with the Department of Veterans Affairs to place orders against this IDIQ.

5.4.7 One or more delivery orders will be issued during the performance period of the contract. It is the expectation that the field will comply with regulatory guidance provided in FAR when executing orders. The Government does not guarantee any equality of orders placed. Orders are placed based upon a clinician determination of medical necessity for veteran’s use. As a result of the evaluation between the clinician and patient, a determination is made as to the Hospital Beds for In Home Use and Ancillary Accessories is required for favorable medical outcome of the patient.

5.5 REPORTS

5.5.1 In order to track compliance, VA requires the contractor to submit the Quarterly Sale Report (QSR). The QSR shall include part number, quantity sold, unit cost, and station location. Format to be developed by the contractor and submitted to Government for review upon award. The QSR shall be submitted on Government fiscal calendar year. See below:

5.5.2 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 date. The standard naming convention for all QSRs is: contract number: vendor name: government fiscal year and quarter, e.g. 36C10G19D(number): Vendor: FY19Q1. 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. The SLA fee remitted in pay.gov shall match the SLA reported on the QSR.

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

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

5.6 DELIVERY REQUIREMENTS

5.6.1 Delivery shall be in accordance with Normal”, Expedited, Emergency and “Just-In-Time” (JIT).

5.6.2 Delivery shall be made to any Veterans Affairs Medical Center (VAMC) or Durable Medical Equipment (DME) contractor (as specified in the delivery order) within the United States including the District of Columbia, Alaska, Hawaii, Philippines and Puerto Rico in accordance with instructions provided in a delivery/purchase order issued under this contract. Under no circumstances will delivery be made directly to a veterans’ home. The contractor must have the capability to provide delivery to locations within the United States and Puerto Rico to receive contract award. Delivery shall be made Free On Board (FOB) destination identified on the order in accordance with FAR 52.247-34, (which may include outpatient facilities). All orders to Philippines will contain an identified transshipment point location at the time of order by the ordering activity. Delivery is defined by each order placed against the contract during the specific period of performance. Individual VAMCs shall issue delivery/purchase orders to the contractor which shall indicate the specific item ordered quantity and all necessary delivery and payment procedures. Any additional delivery requirements shall be specified on the individual VAMC’s delivery order. Each order will contain the chosen delivery method. The contractor shall provide the products specified in the contract, at the prices awarded herein and under the terms and conditions set forth in the contract signed by a person with purchasing authority on behalf of a VAMC.

5.6.3 Normal – Normal delivery shall be made within seven (7) days after receipt of a delivery order.

5.6.4 Expedited – Expedited delivery shall be made within 3 days after receipt of a delivery order. The Government will pay the difference between normal delivery (five days) and expedited freight charges. The charge will be identified in the order and pre-approved. In emergency situations, the contractor must be capable of delivering and set-up within a few hours on the same day. The contractor must have the ability to receive and deliver the required products seven days per week.

5.6.5 Emergency – Emergency delivery shall be delivered within 24 hours. The contractor must have the ability to receive and deliver the required products seven days per week.

5.6.6 Just–In-Time - The ordering officer or CO will call the sales representative when need of products is scheduled to discuss the case, make a product selection from contractor’s VA specific product catalog (outlined in the Attachment 3 – Schedule of Supplies) and inform the sales representative of the need date and time.

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

Inspection: Destination Acceptance: Destination

5.6.7 Ship To and Mark For - Deliveries shall be marked and shipped to various locations nationwide, which will be identified under each order placed against the IDIQ

5.7. INSPECTION AND ACCEPTANCE

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

5.8 REPLACEMENT WITH ALTERNATE SUPPLIES

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.

5.9 FOOD AND DRUG ADMINISTRATION (FDA), IF APPLICABLE, INTERNATIONAL STANDARDS ORGANIZATION (ISO) and INTERNATIONAL ELECTROTECHNICAL COMMISSION (IEC)

The contractor shall not have any outstanding actions from the FDA, ISO, IEC or other regulatory agencies or unresolved FDA, ISO, or IEC warning letters on the manufacturing processes or quality control issues involving the products covered by this contract within the last three years. VA will require proof from the contractors that the FDA, ISO, or IEC issues have been resolved. A letter to the contractor from the regulatory agency, ISO or IEC will meet this requirement. Items involved in a recall cannot be added into this contract via modification until the recall is resolved. A distributor shall obtain FDA, ISO, or IEC warning and resolution letters from manufacture, as applicable.

5.10 CUSTOMER SERVICE AND TRAINING

As a part of customer service, the contractor will provide: 1) Support to the prosthetics staff and/or Veterans within one hour of notification via telephone/fax/e-mail during ordinary business hours and during emergency situations. 2) Support to the prosthetics staff and/or Veterans within three working days for non-emergency needs.

5.11 PERFORMANCE METRICS

5.11.1 The performance requirement summary below defines the performance standards and acceptable performance levels associated with this IDIQ contract and resulting orders. The contractor’s performance shall be evaluated based on standards in table below.

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

STANDARDS

No more than 2 occurrences of unreported known product modification, removal recall

Inspection Document performance in CPARS

5.6.4 Expedited - These items shall be delivered after receiving notification no later than 2:00 PM local time the day before need and the contractor shall supply the items prior to the need.

5.6.5 JIT - The VAMC will call the sales representative

when item is

scheduled for delivery to discuss the case, make a product selection from Contractor's product line and inform the sales representative of the delivery date and time.

No more than 5 missed deliveries within a quarter

supply. No more than 3 occurrences of supply unavailability per calendar year

SECTION C - CONTRACT CLAUSES

C.1 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 TBD through TBD at time of 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.2 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 TBD at time of award.

(End of Clause)

C.3 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

(End of Clause)

C.4 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of CO, and shall not be binding until so approved.

(End of Clause)

C.5 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 $100, 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 $150,000;

(2) Any order for a combination of items in excess of $500,000; or

(3) A series of orders from the same ordering office within 30 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 2 days after issuance, with written notice stating the 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.6 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

C.7 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause) C.8 SAC 18-01 SAC SERVICE LEVEL AGREEMENT FEE AND SUBMISSION OF QUARTERLY SALES REPORTS; OPEN MARKET (JANUARY 2016)

a. Service Level Agreement Fee.

The Service Level Agreement (SLA) fee is established by the Supply Fund Board and is provided as a means of reimbursement for customary acquisition-related services necessary to obtain contractor services and/or supplies as required. The SLA is reimbursed to the SAC based on rates established by the supply fund board and are recouped based on a percentage of total quarterly sales. The Supply Fund Board may change the percentage at any time, but typically not more than once per year. Upon a change in the SLA, the Contracting Officer (CO) shall issue a unilateral modification to apply the change to CLIN prices based upon the SLA rate change. The SAC will provide reasonable notice prior to the effective date of the change.

In order to facilitate SLA reimbursement, offerors must include (imbed) the SLA fee into their prices; therefore, the fee will be reflected in the total amount charged and transparent to ordering activities.

The current SLA which applies to this contract action is 3.0%. This SLA Fee shall be imbedded in the awarded contract/agreement price(s), and offers submitted in response to this solicitation shall include this SLA Fee in the price of every line item offered.

b. Quarterly Sales Reports.

The Contractor shall report all contract sales under this contract and submit collected SLAs as follows:

(1) The Contractor shall accurately report the dollar value, in U.S. dollars and rounded to the nearest whole dollar, of all sales made under this contract by calendar quarter (January 1–March 31, April 1–June 30, July 1–September 30, and October 1–December 31). Reported sales must include all sales made to all authorized contract or agreement users, whether shipped directly to the users or through Prime Vendor contractors. The report shall reflect sales by contract line item and shall segment sales by the Department of Veterans Affairs (VA) and Other Government Agencies (OGA). The reported contract sales shall include the SLA Fee and each quarterly report shall show the total SLA Fee amount collected on the reported sales. The Contractor shall maintain a consistent accounting method of sales reporting, based on the Contractor’s established commercial accounting practice. The Contractor shall consistently use only one of the following acceptable points at which sales may be reported-—

(2) Sales under this contract/agreement shall be reported to the SAC within 30 calendar days following the completion of each reporting quarter. The Contractor shall continue to furnish quarterly reports, including “zero” sales, through physical completion of the last outstanding order of the contract/agreement.

(3) The sales report signed by an authorized representative of the contractor shall be emailed to the appropriate individual(s) listed in the terms and conditions of the contract or agreement.

c. SLA Remittance

The Contractor shall remit the SLA fee to the SAC in U.S. dollars within 30 calendar days after the end of the reporting quarter and final payment shall be remitted within 30 days after physical completion of the last outstanding task order or delivery order of the contract.

The SLA Fee amount collected and due shall be paid electronically. To ensure that the payment is credited properly, the contractor shall electronically transmit the SLA fee along with the coinciding quarterly sales report at www.pay.gov (VA Strategic Acquisition Center (SAC)); specific instructions contained in the Attachment 4, shall be provided when the contract action resulting from this solicitation is awarded (i.e. post-award/BPA issuance conference and/or post-award letter when used in lieu of a conference.

The Government reserves the right to inspect, without further notice, such records of the Contractor as pertinent to sales under any contract or agreements resulting from this solicitation. Failure to remit the full amount of the SLA within 30 calendar days after the end of the applicable reporting period constitutes a contract debt to the United States Government under the terms of Federal Acquisition Regulation (FAR) Subpart 32.6. The Government may exercise all rights under the Debt Collection Improvement Act of 1996, including withholding or setting off payments and interest on the debt (see FAR clause 52.232-17, Interest). Should the Contractor fail to submit the required sales reports, falsify them, or fail to timely pay the SLA, the Government shall have, in addition to the rights and remedies described in this clause, all other rights and remedies permitted by Federal law and statutes.

(End of Clause) C.9 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (JUL 2016)(DEVIATION)

(a) In…