36C10G22R0025 Solicitation - FY22 Walkers.pdf

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. UEI: EFT:

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. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C10G22R0025 09-01-2022

Max Andrade 202-815-9415 10-04-2022

1500 EDT

36C10G

U.S. Department of Veterans Affairs

OPAL | Strategic Acquisition Center

10300 Spotsylvania Ave | STE 400

Fredericksburg VA 22408-2697

X 100

X

339113

750 Employees

N/A

X

See Individual Awards/Orders for

Delivery Details

36C10G

VAFSC

See Individual Awards/Orders for

Payment Details

See CONTINUATION Page

This procurement is being made under FAR Part 15

Contracting by Negotiation for Commercial Items and is a

Small Business Total Set-Aside, in accordance with FAR 19.5, and is an Indefinite Delivery Indefinite Quantity (IDIQ) contract.

The Contractor shall provide all supervision, labor, equipment, tools, and supplies necessary for the delivery of

Pick-Up Walkers, Rollators, and Accessories Supplies for the

Prosthetics Sensory Aids Service (PSAS) Office as specified in the solicitation and attachments.

Faxed offers will not be accepted. All proposals must be submitted/emailed to the Contracting Officer & Specialist

Max.Andrade@va.gov & John.Tarver@va.gov to be considered.

CONTRACTOR UEI _____________________________________________

CONTRACTOR EMAIL ADDRESS:___________________________________

CONTRACTOR PHONE NUMBER:____________________________________

See CONTINUATION Page

X X

MAX ANDRADE

CONTRACTING OFFICER

36C10G22R0025

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 CONTRACT ADMINISTRATION DATA

B.3 CONTRACT MINIMUM AND MAXIMUM DOLLAR VALUES

B.4 SCOPE OF WORK

B.5 PRICE/COST SCHEDULE

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2021)

C.2 52.216-18 ORDERING (AUG 2020)

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

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

C.5 52.216-32 TASK-ORDER AND DELIVERY-ORDER OMBUDSMAN (SEP 2019) ... 33

C.6 52.217-7 OPTION FOR INCREASED QUANTITY—SEPARATELY PRICED LINE

ITEM (MAR 1989)

C.7 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 33

C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2022) (JUL 2020) (DEVIATION) Error! Bookmark not defined.

C.9 52.232-18 AVAILABILITY OF FUNDS (APR 1984)

C.10 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.11 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.12 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.13 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

C.14 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) . 38

C.15 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

C.16 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

C.17 MANDATORY WRITTEN DISCLOSURES

C.18 SAC 18-01 SAC SERVICE LEVEL AGREEMNT FEE AND SUBMISSION OF

QUARTERLY SALES REPORTS: OPEN MARKET (JAN 2016)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.2 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG

2020)

E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.4 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT

TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

E.5 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021)

E.6 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.7 ADDENDUM TO FAR 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.9 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) (JUL 2020)

(DEVIATION)

E.10 52.216-1 TYPE OF CONTRACT (APR 1984)

E.11 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.12 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE

RESOLUTION (OCT 2018)

E.13 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1.1 CONTRACT ADMINISTRATION

1.1.1 The Strategic Acquisition Center (SAC) Contracting Officer (CO) is responsible for providing overall scope oversight, maintaining communication between contractors and the

United States Department of Veterans Affairs (VA), ensuring contract compliance, administering base contract and modifications, and ensuring that annual performance evaluations are completed at the base contract level. Nevertheless, any CO assigned to the Strategic

Acquisition Center and acting within their warrant authority may take formal action on this contract when a contract action needs to be taken and the primary CO is unavailable. The CO reserves the right to designate a Contracting Officer’s Representative (COR) at the IDIQ contract. The CO will issue a designation letter to the COR and the contractor to ensure that all parties understand the limited authority of the COR.

1.1.2 The IDIQ contract may only be modified by written modification, executed by a Strategic

Acquisition Center (SAC) warranted CO. The contractor shall not provide products that are not expressly stated in the contract or order. A COR does not have the authority or means to obligate the Government or change the terms and conditions of the IDIQ contract.

B.2 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: TBD

b. GOVERNMENT: Contracting Officer 36C10G - Max Andrade

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

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

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] (As Specified Per Order)

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.

[INSERT VERBIAGE ON WORD DOC VERSION]

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

AMENDMENT NO DATE

B.3 CONTRACT MINIMUM AND MAXIMUM DOLLAR VALUES

1.1 CONTRACT MINIMUM AND MAXIMUM DOLLAR VALUES

The minimum guaranteed amount is $2,500.00. 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 XXXXXXXX [TBD at Contract Award]. The

Government’s obligation for the minimum guaranteed amount applies only to base ordering period of the contract. If the Contractor receives total orders for less than the minimum amount in base year, the Government will pay the difference between the amount ordered and the minimum amount guaranteed for base year ordering period of the contract.

B.4 SCOPE OF WORK

1.1 BACKGROUND DESCRIPTION

The Department of Veterans Affairs (VA), Prosthetics Sensory Aids Service (PSAS) has a need for Pick-Up Walkers, Rollators, and coordinating Accessories Supplies. A

“Walker” is a device that gives additional support to maintain balance or stability while walking. In addition, “Rollators” are devices which allow for an active lifestyle for those who can still walk and stand but need a little bit of extra support. The Government is seeking these supplies for U.S. Military Veterans’ use, to be delivered to VA Medical

Centers (VAMCs) and Veteran’s personal homes, located throughout the U.S. The specific products being supplied by the Contractor must conform to the Product

Description Minimum Technical Requirements (MTRs) which is listed and attached to this solicitation.

The purpose of this acquisition is to establish a supply source that will provide the contracted items to be utilized by VAMCs. The objective is to ensure availability and consistency of products for nationwide usage and to obtain volume-based, standardized pricing. Standardization provides Veterans with high-quality continuity of healthcare and gives the VA concentrated buying power. This standardization initiative is in accordance with VHA Directive 1761.1.

1.2 SCOPE OF WORK

The contractor shall provide uninterrupted delivery of approved Walkers (pick-up & rollators) for as specified in this requirement and the resulting orders.

Walkers (pick-up & rollators) will be procured through Indefinite Delivery Indefinite

Quantity (IDIQs) wherein individual VAMC facilities shall have the authority to place delivery orders against the IDIQs. The delivery orders shall indicate the specific items ordered, item quantities, and all necessary delivery and payment procedures.

1.3 PERFORMANCE

The period of performance is for a base year (12-months) with four 12-month options.

The specific delivery locations and timeframes will be established under each delivery order. The Government’s decision to continue with this procurement will be based upon the performance of the contractor each year and the continued need of the Government.

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

1.4 REQUIREMENTS

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

PRODUCT IDENTIFICATION AND MINIMUM TECHNICAL REQUIREMENTS (MTRs)

Group One

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

MTR 1 Height Adjustable – For average adult. Must include a minimum of 34 inches floor to top of handle height and extend in increments a minimum of 5 inches. No tools are required to adjust height.

MTR 2 Folding Overall width, at the widest point when open, should not exceed 28 inches

MTR 3 Shall use a locking mechanism when open. Must have tactile, audible, or visual cue that it is locked. Lock must remain patent during movements forward, backward, and laterally.

MTR 4 Non-slip hand grips, able to be disinfected. Hand grips should not rotate on the device and should maintain their factory-installed position with use.

MTR 5 Weight capacity >/= 250 lbs.

MTR 6 Manufactured from non-corrosive materials

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

MTR 8 Minimum diameter of front wheels is >/= 4inches. Wheels maintain contact with the ground over level terrain during ambulation at all times.

MTR 9 Warranty: Limited Lifetime

*Product is warranted to be free of defects in materials and workmanship for the lifetime of the original consumer purchaser. This warranty does not cover device failure due to owner misuse or negligence, or normal wear and tear. The warranty does not extend to non-durable components, such as rubber accessories, casters, and grips, which are subject to normal wear and need periodic replacement

Required Accessories/Options

MTR 9 Tray /Cup Holder with stability when holding up to 3 lbs.

MTR 10 Rear Post Gliders

MTR 11 Glide Brakes (Rear Wheels)

MTR12 Platform Attachment Capability: Vertical displacement should not exceed 1” when measured 4” from distal end of platform with weight bearing. When maximally tightened, platform should not have rotated on the vertical axis.

MTR 12a Weight capacity >/= 250 lbs.

MTR 12b Padded platform pad, non-porous, non-slip hand grip, all parts must be easily disinfected & adjust quickly and easy w/o tools for different user settings

MTR 13 Leg Extensions. Must increase floor to top of handle height in increments to at least 39 inches

MTR 14 Standard legs to replace front wheels.

Group Two

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

MTR 1 Height Adjustable – For average adult. Must include a minimum of 34 inches floor to top of handle height and extend in increments a minimum of 2 additional inches. No tools are required to adjust height.

MTR 2 Folding

MTR 3 4 Wheels with minimum 6 inches diameter

MTR 4 Non-slip hand grips, non-porous, easily disinfected

MTR 5 Weight capacity >/= 250 lbs.

MTR 6 Overall width, at the widest point when open, should not exceed 28 inches

MTR 7 Manufactured from non-corrosive materials

MTR 8 Total weight of walker is </= 20 lbs.

MTR 9 Seat has a padded back strap that is easily disinfected which prevents User from sliding off of seat. There should be no sharp edges.

MTR 10 Hand controlled brake mechanism for rear wheels. Brakes should be able to be engaged with one hand. When brakes are engaged, walker wheels should not have any rotation and brakes should have contact with both wheels.

MTR 11 Seat height of 22 inches +/- 2 inches

MTR 12 Seat width of 17 inches +/- 2 inches

MTR 13 Seat material is non-porous, able to be disinfected

MTR 14 Warranty: Limited Lifetime

*Product is warranted to be free of defects in materials and workmanship for the lifetime of the original consumer purchaser. This warranty does not cover device failure due to owner misuse or negligence, or

MTR 15 Basket/Bag. This should not impede the User’s gait pattern.

MTR 16 Oxygen Tank Holder – Must accommodate up to E-cylinder size. Placement should not impede user’s gait pattern. When oxygen tank is in place it should not change walker stability. Placement of the oxygen tank should not result in overall width >28”.

MTR 17 Height Extensions - eight Extensions - Must increase floor to top of handle height in increments to at least

41 inches.

Group Three

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

MTR 1 Height Adjustable – For average adult. Must include a minimum of 34 inches floor to top of handle height and extend in increments a minimum of 2 additional inches. No tools are required to adjust height.

MTR 2 Folding

MTR 3 4 Wheels with minimum 6 inches in diameter

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

MTR 5 Weight capacity >/= 450 lbs.

MTR 6 Manufactured from non-corrosive materials

MTR 7 Total weight of walker is </= 30 lbs.

MTR 8 Seat has a padded back strap that is easily disinfected which prevents User from sliding off of seat. There should be no sharp edges.

MTR 9 Hand controlled brake mechanism for rear wheels. Brakes should be able to be engaged with one hand. When brakes are engaged, walker wheels should not have any rotation and brakes should have contact with both wheels.

MTR 10 Seat height of 22” +/- 2 inch

MTR 11 Seat width of 18” +/- 2 inch

MTR 12 Seat material is non-porous, able to be disinfected

MTR 13 Warranty: Limited Lifetime

*Product is warranted to be free of defects in materials and workmanship for the lifetime of the original consumer purchaser. This warranty does not cover device failure due to owner misuse or negligence, or

MTR 14 Basket/Bag. This should not impede the User’s gait pattern.

MTR 15 Oxygen Tank Holder – Must accommodate up to E-cylinder size. Placement should not impede user’s gait pattern. When oxygen tank is in place it should not change walker stability. Placement of the oxygen tank should not result in overall width >28 inches

MTR 16 Height Extensions - Must increase floor to top of handle height in increments to at least 41 inches.

1.5 INFORMATION SECURITY CONSIDERATIONS

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

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

The contractor shall safeguard Protected Health Information (PHI) and Personally Identifiable Information (PII). The VA defines personally identifiable information as:

“information which can be used to distinguish or trace an individual's identity, such as their name, social security number, biometric records, etc. alone, or when combined with other personal or identifying information which is linked or linkable to a specific individual, such as date and place of birth, mother’s maiden name, etc."

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

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

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

1.6 IDIQ TERMS AND CONDITIONS

1.6.1 Product Removal or Recall

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

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

Provide copies of the notification to CO, CS, COR, and manager at Product Recall

Office, all Agencies and VA Facilities who purchased the product, which include, but not be limited to the following:

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

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

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

A copy of the notification shall be provided to:

Manager, Product Recall Office National Center for Patient Safety

Veterans’ Health Administration 24 Frank Lloyd Wright Drive, Lobby M Ann Arbor, MI 48106

1.6.2 Product Refresh

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

The Government reserves the right to not accept the products offered under product refresh. The contractor will be notified in writing if a product refresh is not accepted. All products offered shall be provided with the warranty that is agreed upon for this contract.

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

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

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

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

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

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

(5) FDA approval. If applicable

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

(7) Copy of Commercial Warranty.

The request shall be submitted to the COR, copy to the Contract Specialist and Contract Officer, for review and recommendation of approval to be submitted to the CO.

The CO shall prepare a bilateral modification for execution

1.6.3 Notification of Substituted and Back-Ordered Items/Replacement with Alternate Supply

NOTIFICATION OF SUBSTITUTED AND BACK-ORDERED ITEMS/REPLACEMENT

WITH ALTERNATE SUPPLY

The contractor shall notify the authorized purchaser point of contact via email 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.

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. Replacement items will be priced the same as the product that they are replacing. If the Government determines the replacement item(s) as unacceptable, the individual item(s) may be cancelled.

1.6.4 Ordering

The resultant IDIQs will be decentralized. As a result of the awards, the Statutory Authority 38 U.S.C. § 8123 which states “the Secretary may procure prosthetic appliances and necessary services required in the fitting, supplying, and training and use of prosthetic appliances by purchase, manufacture, contract, or in such other manner as the Secretary may determine to be proper, without regard to any other provision of law” is being delegated to the decentralized locations so that it empowers and allows VAMCs and Clinical Determination to directly place orders (through non-competition methods) based on the prescribed Veteran’s/Patient’s needs. There shall be no local competition amongst the multiple awardees as a result of this solicitation, per the exemption to the fair opportunity process found under FAR 16.505(b)(2)(i)(B), due to the unique and specialized clinical prescription of the Walker to be ordered and utilized. Lastly, Awardees shall not challenge a local VAMC’s choice to order/use one awardee’s products over the other awardees.

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

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

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

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

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

At a minimum, order 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. x Accounting and appropriation data.

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

Authorized to Purchase - Any individual in VHA who are Prosthetics Government Purchase Card Holders and/or has warranted contracting authority, on behalf of VHA, to place orders, may use the IDIQ. Governmental agencies will require an interagency agreement with the Department of Veterans Affairs to place orders against this IDIQ.

1.6.5 Reports

In order to track compliance, VA requires the contractor to submit the quarterly sales report (QSR). The QSR shall include part number, quantity sold, contract unit price, total price sold per part number, facility sold, total quarterly sales, and SLA fee. Format to be developed by the contractor and submitted to Government for review upon award. The QSR shall be submitted on Government fiscal calendar year, 30 days after the end of each quarter. See below:

QUARTER PERIOD OF SALES SUBMISSION DUE DATE

1st October – December Due last day in January

2nd January – March April 30th

3rd April – June July 30th

4th July – September October 30th

The contractor agrees that they shall adhere to this requirement. The contractor shall provide a QSR, after the end of each fiscal quarter ending December, March, June, and September and no later than the submission due dates. Reports shall be sent electronically to the SAC IDIQ Government points of contact, Contract Specialist identified in 1.4b Financial Management Analyst at SACPAY@va.gov and VA Program

Advisory Service (PAS) at VA003B1DEmp@va.gov; until the contractor is notified, in writing, of a different point of contact.

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

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

1.6.6 Delivery Requirements

Delivery shall be made to any VAMC and alternate delivery locations within any of the fifty (50) states, to include the District of Columbia, and Puerto Rico, Alaska and Hawaii upon issuance of a delivery order. Offerors shall prepare three (3) different pricing proposals with each submission to incorporate shipping and delivery costs associated with this requirement. One pricing proposal shall incorporate pricing towards a regular delivery to a VAMC. Another pricing proposal shall incorporate pricing towards delivery to an “Alternate Delivery” location. And finally, the last pricing proposal shall incorporate

Bulk Pricing to VAMCs. Bulk is defined as a quantity of 100 or more.

Regular delivery shall be made within five (5) days after receipt of a delivery/purchase order, expedited delivery shall be within two (2) days, and emergency delivery shall be within twenty-four (24) hours. The Government agrees to pay the difference between normal and expedited freight for expedited and emergency delivery. Any additional delivery requirements shall be specified on the individual VAMC delivery order.

Fully assembled walker excluding accessories shall be delivered. No tools should be required for assembly. Unacceptable delivery would be a walker that comes in multiple pieces or requires tools prior to issuing to end-user.

Alternate Delivery: To meet the needs of Veteran patients across the VA healthcare system, there may be times the local Prosthetic Sensory Aids Service (PSAS) will require delivery to an alternate location. Alternate delivery shall only be used when the need arises to ship prescribed item(s) to other than the local medical center or

Community Based Outpatient Clinics (CBOC). The local contracting office will create a delivery order, to include the address to where the item(s) are to be shipped. This order can be placed by the local VAMC in the most economical manner they deem fit (i.e.

GPC or delivery order). Alternate delivery procedures shall safeguard PHI and PII.

a. Upon the receipt of an alternate delivery order (applicable to shipping directly to

Veteran).

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

c. 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 to the VA.

d. Regular deliveries shall be made within five (5) business days after receipt of a delivery order and expedited delivery within two (2) business days and emergency delivers within 24 hours.

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

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

Inspection: Destination

Acceptance: Destination

Ship to and Mark For:

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

Special Shipping Instructions: Prior to shipping, the contractor shall notify VHA site point of contact by telephone and/or email, of all incoming deliveries including line-by-line details for review of requirements. All shipments, either single or multiple container deliveries, will bare 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)

1.6.7 Inspection and Acceptance

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

1.6.8 Contract Modification and Price Adjustments

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

1.7 CONTRACTOR PERFORMANCE

Attachment 2 - Contractor Discrepancy Report (CDR), may be issued by a

Contracting Officer (CO) or Contracting Officer Representative (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. 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. The contractor’s performance on the IDIQ will be reported to the Contractor

Performance Assessment Reporting System (CPARS) on an annual basis. The CO and

COR will make use of information from CDRs, as well as any additional knowledge and information available to them with respect to the contractor’s performance, to complete the CPARS. Contractors shall familiarize themselves with the CPARS process and be prepared to respond to reports entered by the CO and COR.

B.5 PRICE/COST SCHEDULE

See “ATTACHMENT 1 – Product Price Schedule” for Price/Cost Schedule Details.

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(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 Federal Acquisition Regulation (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 FAR 32.608-2 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. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain

Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and

41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with

Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u)…