36C10G19R0029-001.docx

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 SI

GN 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. SIGN

ATURE 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

36C10G19R0029 04-22-2019 Wendy Minch 540-735-3853 05-06-2019

1:00 PM

36C10G U.S. Department of Veterans Affairs Office of Acquisition Operations Strategic Acquisition Center 10300 Spotsylvania Ave | STE 400 Fredericksburg VA 22408-2697 x x Y 339113 750 Employees

NET 30 DAYS

N/A X 36C10G U.S.

Department of Veterans Affairs

OPAL

10300 Spotsylvania Ave | STE 400 Fredericksburg VA 22408-2697 36C10G U.S. Department of Veterans Affairs Office of Acquisition Operations Strategic Acquisition Center 10300 Spotsylvania Ave |

STE 400

Fredericksburg VA 22408-2697

U.S. Department of Veterans Affairs Financial Services Center

PO BOX 149971

(or see below invoicing/payment section) Austin TX 78714-8917 x See CONTINUATION Page Title: Vacuum Erectile Device (VED) See B.4 Price/Cost Schedule for details.

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

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

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

U.S. Department of Veterans Affairs Strategic Acquisition Center 10300 Spotsylvania Ave | STE 400 Fredericksburg VA 22408

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

1.3 INVOICES: Invoices shall be submitted in arrears:

1.4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

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

a. Name and address of the contractor

b. Invoice date and number

c. VA Facility Name & Address

d. Purchase Order No.

e. Contract No.

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

g. Patient Unique Identifier

h. Cumulative billing (per line item and total)

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

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

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

1.6 CONTRACT MINIMUM AND MAXIMUM DOLLAR VALUES

The minimum guaranteed amount for contracts awarded under this solicitation is $1,000.00 for a single award which shall be obligated at the time of IDIQ award. Orders beyond the minimum shall be determined by department needs. The Government has no obligation to award orders beyond the minimum guaranteed amount. In accordance with FAR 16.504(a)(4)(ii), the maximum aggregate value for all orders awarded under the contracts award under this solicitation shall not exceed $7,320,405.38. The Government’s obligation for the minimum guarantee amount applies only to the base period of the contract.

1.7 CONTRACTOR PERFORMANCE

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

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

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

B.2 PRODUCT DESCRIPTION

2.1 INTRODUCTION

The Department of Veterans Affairs (VA), Veterans Health Administration (VHA), Prosthetic and Sensory Aids Service (PSAS), has a need for Vacuum Erectile Devices (VEDs) and accessories. VHA has specifically identified VEDs as a candidate for standardization. The Government desires to continue the practice of reducing costs by standardizing products and sources of supply while, simultaneously, balancing clinician considerations for obtaining quality products.

VED's are intended to treat male Veteran's with erectile dysfunction. An appropriate candidate has the ability to create an erection-like state to maintain intimacy. The VED works by sending pressure to draw blood to the penis, creating an erection for an impermanent amount of time.

2.2 SCOPE OF WORK

The Contractor shall guarantee their ability to provide an uninterrupted source of supply of the awarded devices to satisfy the Government’s requirements for the effective period of the contract to include providing a commercial warranty.

Purchases by the Government of products established under the resulting IDIQ will be de-centralized. The orders will indicate the specific items ordered, item quantities, and all necessary delivery and payment procedures.

2.3 GENERAL INFORMATION

Type of Contract: The contract shall be a single-award IDIQ contact. Delivery orders (DO) shall be issued on a firm-fixed price basis against the IDIQ contract.

Contract Period of Performance: The IDIQ contract period of performance is a 5 (five) year ordering period as follows:

Ordering Period 1: September 15, 2019 – September 14, 2020 Ordering Period 2: September 15, 2020 – September 14, 2021 Ordering Period 3: September 15, 2021 – September 14, 2022 Ordering Period 4: September 15, 2022 – September 14, 2023 Ordering Period 5: September 15, 2023 – September 14, 2024

2.4 MINIMUM TECHNICAL REQUIREMENTS

The following are the Minimum Technical Requirements (MTRs) as identified by the Integrated Product Team (IPT) for VEDs. The MTRs are based on the clinical needs of impaired patient population receiving care in VA medical facilities.

PRODUCT IDENTIFICATION AND MINIMUM TECHNICAL REQUIREMENTS (MTR’S)

a. Battery Operated Vacuum Erection Device System with single hand operation. The VED system shall include at a minimum the below components:

· Sealed carrying case to prevent tampering. The carrying case should hold at a minimum the pump, loading cone, latex rings/bands and water-soluble gel.

· Battery Operated Pump Head

· Standard Penile Tube (1 ¾”-2” diameter)

· Oversized/Large Penile Tube (minimum 2 1/8” diameter)

· Loading Device - mechanism or component of the system which to assist with placing ring/band on penile tub.

· Latex fee rings/bands (a minimum of three sizes). The contractor shall include all rings/bands commercially available with the proposed system.

· Water Soluble Gel

· DVD: Instruction DVD that is 508 compliant.

· Written instructions/manual

· Warranty: a standard commercial warranty on at least the pump for a minimum of one year.

· Toll Free Number for Customer Support: the contractor shall provide a toll-free number to reach a live representative to assist with trouble shooting, use of the device, general customer service. This number shall be staffed a minimum of eight hours a day, Monday – Friday.

b. Manual Operated Vacuum Erection Device System with single hand operation. The VED system shall include at a minimum the below components:

· Sealed carrying case to prevent tampering. The carrying case should hold at a minimum the pump, loading cone, latex rings/bands and water-soluble gel.

· Manual Pump Head

· Standard Penile Tube (1 ¾”-2” diameter)

· Oversized/Large Penile Tube (minimum 2 1/8” diameter)

· Loading Device - mechanism or component of the system which to assist with placing rings/band on penile tub.

· Latex fee rings/bands (a minimum of three sizes). The contractor shall include all rings/bands commercially available with the proposed system.

· Water Soluble Gel

· DVD: Instruction DVD that is 508 compliant.

· Written instructions/manual.

· Warranty: a standard commercial warranty on at least the pump for a minimum of one year.

· Toll Free Number for Customer Support: the contractor shall provide a toll-free number to reach a live representative to assist with trouble shooting, use of the device, and general customer service. This number shall be staffed a minimum of eight hours a day, Monday - Friday.

Note: all components, with the exception of the pump, instructional DVD, and manual, shall be interchangeable between Battery Operated VED and Manual VED systems.

c. Corporate Capability:

· The Contractor shall provide sufficient inventory and warehousing.

· The Contractor shall be able to handle 100 to 500 orders per day and meet the required delivery requirements.

· The Contractor shall have control over its supply chain management to avoid any gray market products. The Contractor shall AVOID gray market products

· The Contractor shall be Trade Agreement Act (TAA) complaint and shall only provide supplies from TAA designated countries.

· Device shall be Food and Drug Administration (FDA) approved.

· Contractors shall have in place business practices that safeguard PHI and PII Contractors

· The Contractor shall have a process in place for safety recalls and a mechanism to track trends or failure for safety recalls.

d. Letter of Supply (Authorized Distributor)

· The Contractor shall state if they are a distributor or manufacturer.

· If the Contractor is an authorized distributor, the contractor shall provide a letter from the manufacturer for each product proposed authorizing them to be a distributor for the life the contract. The offeror shall be authorized to distribute to any VA medical facility in any of the fifty (50) states, to include the District of Columbia, Philippines and Puerto Rico.

· If the Contractor is an authorized distributor, the Contractor shall provide a letter of supply from the manufacturer which assures the offeror has sufficient uninterrupted sources of supplies for the life of the contract.

· Unauthorized, 3rd Party reseller will not be eligible for an award.

e. Litigation:

· For the past five years, Offerors shall state if the company has any legal proceedings and claims that have arisen in the ordinary course of business and that have not been fully adjudicated. If there are claims and legal proceedings, the Offerors shall state what they are and the current status. If the Offeror has no pending litigations, an affirmative statement shall be provided with the proposal.

B.3 SUBCONTRACTING COMMITMENTS

3.1 INFORMATION SECURITY CONSIDERATIONS

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

3.1.2 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."

3.1.3 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.

3.1.4 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.

3.1.5 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.

3.1.6 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).

B.4 PRICE/COST SCHEDULE

ITEM INFORMATION

B.5 IDIQ TERMS AND CONDITIONS

5.1 PRODUCT REMOVAL OR RECALL

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

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

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

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

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

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

5.1.4 A copy of the notification shall be provided to:

Manager, Product Recall Office National Center for Patient Safety

Ann Arbor, MI 48106

5.2 PRODUCT REFRESH

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

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

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

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

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

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

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

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

(5) FDA approval, if required.

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

5.3 NOTIFICATION OF SUBSTITUTED AND BACK-ORDERED ITEMS/REPLACEMENT WITH ALTERNATE SUPPLY

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

5.3.2 The Contractor shall supply established item(s) to satisfy the Government’s requirement when an order is placed under the contract during the duration of the effective period of the contract. If, however, Contractor determines to terminate production or supply of the selected item and contemplates replacement with alternative item, the Government reserves the right to evaluate the potential replacement item(s). There is no guarantee that the Government will evaluate any replacement item(s) favorably. If the Government determines the replacement item(s) as unacceptable, the individual item(s) may be cancelled.

5.4 ORDERING

5.4.1 The resultant IDIQ will be decentralized. Orders below $10,000.00 and below will be placed by Prosthetics. Orders over $10,000.00 shall be placed by warranted CO. Orders exceeding the micro-purchase threshold may be placed against this IDIQ via Electronic Data Interchange (EDI), via facsimile or in writing. No verbal/oral orders can be placed or accepted on this IDIQ.

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

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

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

5.4.5 The Contractor shall acknowledge receipt of a Government order and confirm via fax, email, etc. within 24 hours of receipt.

5.4.6 At a minimum, orders shall contain the following information

(1) Date of order.

(2) Contract number and order number.

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

(4) Delivery or performance schedule.

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

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

(7) Accounting and appropriation data.

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

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

5.5 REPORTS

5.5.1 In order to track compliance, the Contractor shall submit a quarterly sales report (QSR). The QSR shall include part number, quantity sold, contract unit price, total price sold per part number, facility sold, total quarterly sales, and SLA fee. Format to be developed by the Contractor. For a sample of what is required reference Attachment J of the Solicitation. The QSR shall be submitted on Government fiscal calendar year. See below:

The Contractor shall provide a quarterly report of sales, by line item, no later than 60 calendar days after the end of each calendar quarter ending March, June, September and December. Reports shall be sent electronically to the contracting officer, contract specialist identified in B.2.1 and VA Program Advisory Services (PAS) at VA003B1DEmp@VA.GOV ; until the Contractor is notified, in writing, of a different point of contact. All SLA fee payments shall be made in at www.pay.gov. The Contractor shall submit the QSR to contracting officer and contract specialist for review prior to remitting SLA fee in pay.gov.

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

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

5.6 DELIVERY REQUIREMENTS

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

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

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

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

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

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

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

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

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

Inspection: Destination Acceptance: Destination

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

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

Packing Slips/Labels and Lists shall include the following:

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

5.7. INSPECTION AND ACCEPTANCE

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

5.8 CONTRACT MODIFICATIONS AND PRICE ADJUSTMENTS

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

5.9 PERFORMANCE METRICS

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

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

Performance Standards

Levels

(AQL)

Monitoring Method

All standard delivery completed timely and properly labeled

Section B.5 (5.6.1)

36C10G19R0029

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SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.1 52.252-2 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.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 September 15, 2019 through September 14, 2024.

(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 $100.00, 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 $50,000.00;

(2) Any order for a combination of items in excess of $50,000.00; 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 three (3) 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.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 .

(End of Clause)

C.5 MANDATORY WRITTEN DISCLOSURES

Mandatory written disclosures required by FAR clause 52.203-13 to the Department of Veterans Affairs, Office of Inspector General (OIG) must be made electronically through the VA OIG Hotline at http://www.va.gov/oig/contacts/hotline.asp and clicking on "FAR clause 52.203-13 Reporting." If you experience difficulty accessing the website, call the Hotline at 1-800-488-8244 for further instructions.

C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause) C.13 SAC 16-01 – 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:

The Contractor shall remit the SLA fee to the SAC in U.S. dollars within 60 calendar days after the end of the reporting quarter and final payment shall be remitted within 60 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 at www.pay.gov (VA Strategic Acquisition Center (SAC)); specific instructions 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 60 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.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2018)

(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:

[Contracting Officer check as appropriate.] 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)).

_X_ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (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)…