36C10G24R0001.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. 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

36C10G24R0001 02-15-2024

Brian Shepard 202-341-8393 03-07-2024

12:00 EST

36C10G

U.S. Department of Veterans Affairs

OPAL | Strategic Acquisition Center

10300 Spotsylvania Ave | STE 400

Fredericksburg VA 22408-2697

X

339112

1000 Employees

N/A

36C10G

OPAL | Strategic Acquisition Center

10300 Spotsylvania Ave | STE 400

Fredericksburg VA 22408-2697

VAFSC

Financial Services Center

PO BOX 149971

(see Section B.3 invoicing/payment)

Austin TX 78714-8917

1 (877) 489-6135

See CONTINUATION Page

U.S. Department of Veteran Affairs

OPAL | Strategic Acquisition Center (SAC):

The following solicitation is to establish a Single Award

Firm-Fixed Price Indefinite Delivery Indefinite Quantity

(IDIQ) contract for Electrophysiology (EP) Catheters

In Accordance With (IAW) Federal Acquisition Regulation

(FAR) Part 12 and FAR Part 15.

Questions: Submit all Questions related to this RFP no later than 12:00PM on February 22, 2024 in accordance with the instructions in this Solicitation.

See CONTINUATION Page

X 1

Brian Shepard

Contracting Officer

36C10G24R0001

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

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 STATEMENT OF WORK

3.1 REQUIREMENTS:

3.2 APPLICABLE DOCUMENTS

3.3 MINIMUM TECHNICAL REQUIREMENTS

3.4 IDIQ TERMS AND CONDITIONS

3.5 NOTIFICATION OF SUBSTITUTED AND BACK-ORDERED ITEMS

3.6 DISTRIBUTION

3.7 PRODUCT REFRESH

3.8 ORIGINAL EQUIPMENT MAUFACTURER GOODS

3.9 UNIVERSAL PRODUCT NUMBERS (UPNs):

3. 10 ORDERING

3.11 REPORTING

3.12 INSPECTION AND ACCEPTANCE

3.13 FOOD AND DRUG ADMINISTRATION (FDA)

3.14 PERFORMANCE METRICS

SECTION C - CONTRACT CLAUSES

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2023)

C.3 52.216-18 ORDERING (AUG 2020)

C.4 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...26

C.7 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023)

C.8 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

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

(OCT 2018)

C.10 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

C.11 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ..29

C.12 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

C.13 SAC 18-01 – SAC SERVICE LEVEL AGREEMENT FEE AND SUBMISSION OF

QUARTERLY SALES REPORTS; OPEN MARKET, (JANUARY 2016)

C.14 MANDATORY WRITTEN DISCLOSURES

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

1998)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES—

REPRESENTATION (OCT 2020)

E.4 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.5 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS—REPRESENTATION (NOV 2015)

E.6 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG

2020)

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

E.8 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT

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

E.9 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

ITEMS

REQUIREMENT: ELECTROPHYSIOLOGY CATHETERS

E.10 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.11 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

E.12 52.216-1 TYPE OF CONTRACT (APR 1984)

E.13 52.233-2 SERVICE OF PROTEST (SEP 2006)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION

1. CONTRACT ADMINISTRATION: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

Michael R. Landolfi – Contract Manager, Government Offer

Development Enterprise Contract Management

Johnson & Johnson Health Care Systems Inc.

Work: 908-218-6679

Cell: 201-739-4495

Email: MLandol4@its.jnj.com

b. GOVERNMENT:

Brian Shepard - Contracting Officer (CO)

Strategic Acquisition Center-Fredericksburg

U.S. Department of Veterans Affairs

10300 Spotsylvania Ave., STE 400

Fredericksburg, VA 22408

Cell: 202-341-8393

Email: Brian.Shepard@va.gov

Tessa Smith - Contract Specialist (CS)

Strategic Acquisition Center-Fredericksburg

U.S. Department of Veterans Affairs

10300 Spotsylvania Ave., STE 400

Fredericksburg, VA 22408

Cell: 828-335-1771

Email: Tessa.Smith2@va.gov

Contracting Officer Representative: Audrey Ezell-

Upchurch

Medical Supplies Program Office (MSPO)

VHA Procurement & Logistics Office (19PLO)

Cell: 470-927-3195

Email: Audrey.Ezell-Upchurch@va.gov mailto:MLandol4@its.jnj.com mailto:Brian.Shepard@va.gov mailto:Tessa.Smith2@va.gov mailto:Audrey.Ezell-Upchurch@va.gov

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, Central Contractor Registration

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

[X] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

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.

U.S. Department of Veterans Affairs

Financial Services Center

PO BOX 149971

Austin TX 78714-8917

Electronic invoice submission required in accordance with VAAR 852.232-72. Invoices shall be submitted to the email address below:

vafsccshd@va.gov

5. MINIMUM GUARANTEE: The minimum dollar amount that the Government agrees to order under the contract awarded under this solicitation is $2,500.00. If the Contractor receives total orders for less than the minimum amounts, the Government will pay the difference between the amount ordered and the minimum amount guaranteed. The Government's obligation for the minimum amount only applies to the base period of each awarded contract.

6. MAXIMUM CEILING AMOUNT: The maximum ceiling amount for this contract is

$149,261,007.90. The contracting officer may increase the maximum ceiling amount by 30% from $149,261,007.90 to $195,000,000.00.

7. CONTRACTING OFFICER AUTHORITY

The Contracting Officer for the contract shall be the only individual authorized to direct/redirect the efforts under the contract and delivery orders issued or in any way modify the items or terms of this contract.

8. SUCCESSOR CONTRACTING OFFICER

mailto:vafsccshd@va.gov

The Contracting Officer who signed this contract is the primary Contracting Officer for the contract. Nevertheless, any Contracting Officer assigned to the Strategic Acquisition Center and acting within his/her authority may take formal action on this contract when a contract action needs to be taken and the primary Contracting Officer is unavailable.

9. EXTENT OF OBLIGATION

The Government is obligated only to the extent of authorized purchases actually made under the resultant contract. A minimum guarantee IAW FAR 16.504(a) of $2,500.00 will be placed against this contract upon base IDIQ contract award. The parties agree that the Government will fulfill its obligation to order a minimum quantity by paying the Contractor $2,500.00 at the end of the ordering period, unless it orders one unit or a combination of units that exceeds $2,500.00 before that time, which would otherwise fulfill the obligation.

Source of Supply - The contractor must provide a source of supply of the established item(s) from which to satisfy the Government for the performance period of the resultant IDIQ. If however, the contractor anticipates terminating production of an established item(s) and contemplates replacement with alternative item(s), VA reserves the right to evaluate the potential replacement item(s).

10. PERIOD OF PERFORMANCE

Base Period: One year from contract award

Option Year 1: One year from end of Base Period

Option Year 2: One year from end of Option Period 1

Option Year 3: One year from end of Option Period 2

Option Year 4: One year from end of Option Period 3

11. CONTRACT PRICES AND PRICE ADJUSTMENTS

The offered prices will apply throughout the life of the contract unless modified by the

Contracting Officer.

12. FEDERAL, STATE, LOCAL LAWS, AND REGULATIONS

The contractor shall conduct prosthetic implant business operations that adhere to all applicable

Federal, State, local laws, and regulations.

13. ACKNOWELDGEMENT OF AMENDMENTS

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

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT

UNIT

PRICE AMOUNT

See Attachment 1 – Schedule of Supplies

GRAND

TOTAL

B.3 STATEMENT OF WORK

ELECTROPHYSIOLOGY (EP) CATHETERS – STATEMENT OF WORK

3.1 REQUIREMENTS:

This acquisition will provide EP Catheters to more than 160 VA Medical Centers (VAMC) for clinical use throughout VHA (for delivery within the continental United States, including Alaska, Hawaii, Puerto Rico and all other U.S. territories) for invasive electrophysiology and arrhythmia ablation procedures.

Intended Use: These items will be used in invasive cardiac electrophysiology laboratories and other procedural suites in the Veterans Health Administration for invasive electrophysiology and arrhythmia ablation procedures in accordance with the minimum technical requirements (MTRs) as listed in section 3.3.

Item Description

Diagnostic electrophysiology catheters: Multi-pole, non-deflectable or multiple deflectable

Ablation catheters: multi-pole non-irrigated radiofrequency, multiple irrigated radio frequency, or cryoablation catheters

Intracardiac Ultrasound imaging catheters

Electrophysiology introducer sheaths: non-deflectable or deflectable

Trans-septal catheterization needles

3D mapping electrodes and patches

3D mapping catheters (equipment specific)

3.2 APPLICABLE DOCUMENTS

The following document applies to this requirement and shall be adhered to by the Contractor on all items offered.

3.2.1 CFR - Title 21--Food and Drugs, Chapter I--Food and Drug Administration, Department of Health and Human Services, Subchapter H--Medical Devices, Part 814 – Premarket Approval of Medical Devices

3.3 MINIMUM TECHNICAL REQUIREMENTS

3.3.1 The Contractor shall furnish all equipment, supplies, and materials to provide Biosense

Webster EP Catheters and products as defined by the Minimum Technical Requirements

(MTRs) under section 3.3.3. Contractor shall provide a Product Listing of items relating to

Electrophysiology Catheters provided by their company.

3.3.2 Product Description

Biosense Webster Cardiac Electrophysiology diagnostic catheter types:

1. Cardiac Electrophysiology diagnostic catheters

2. Ablation catheters: multi-pole non-irrigated radiofrequency, multiple irrigated radiofrequencies, or cryoablation catheters

3. Intracardiac Ultrasound imaging catheters

4. 3D mapping catheters

Biosense Webster EP Catheters Accessories:

1. Electrophysiology introducer sheaths: non-deflectable or deflectable

2. Trans-septal catheterization needles

3. 3D mapping electrodes and patches

3.3.3 Minimum Technical Requirements

3.3.3.1 The Contractor shall ensure that all products provided are new and free from defect.

The Contractor shall ensure that the products are properly packaged to maintain the item’s integrity (e.g., sterilization); and shall clearly identify the item and the expected shelf-life on the outside of the packaging.

3.3.3.2 The Contractor shall ensure that any product provided under this IDIQ is approved in accordance with the pre-market notification process under the Food and Drug Administration

(FDA) 510K Program and labeled accordingly.

3.3.3.3 All submitted items must not be part of a current recall or have a known safety issue.

3.3.3.4 All submitted items must be Trade Agreement Act (TAA) compliant.

3.4 IDIQ TERMS AND CONDITIONS

3.4.1 PRODUCT MODIFICATION, REMOVAL OR RECALL

If any product awarded under this solicitation requires modification, is removed, or recalled by the contractor or manufacturer in the geographic area of performance of the contract due to defects in the product or potential dangers to patients, or if any required modification, removal, or recall is suggested or mandated by a regulatory or official agency, the following steps will immediately be taken by the contractor or manufacturer:

a. Commercially reasonable efforts will be made to provide notice of product modification, removal, or recall within 48 hours or the next calendar day after a weekend or holiday. The Contracting Officer must be notified in writing. (Contracting Officer, VA Strategic Acquisition Center, 10300 Spotsylvania Avenue, Suite 400 Fredericksburg, VA 22408) The notification shall 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.

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

b. A copy of the notification in a. above 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

c. Provide the information in (a) above to all agencies and VA Facilities who purchased the product.

Contract Specialist, Tessa Smith (Tessa.Smith2@va.gov) or the Contract Specialist administrating the IDIQ, shall be provided a copy of the notification in b above, and a list of all agencies and/or VA facilities notified.

3.4.2 RETURNED UNITS

In the event a procedure is cancelled, or an item is otherwise not needed, the Contractor shall accept unopened and undamaged EP Catheter packages in salable condition returned for full credit to the Government. In addition, the Contractor shall accept returned products for full credit to the Government where the shelf-life has reached expiration for unopened and undamaged products. Unused products shall be returned to the Contractor within 30 calendar days by the Ordering Official.

3.4.3 PACKAGE MARKING

The Contractor shall ensure the addressee information for any delivered item includes the

Ordering Office point of contact(s) information on the outside packaging to ensure delivery to the correct location and correct person.

3.4.4 DELIVERY

Contractor shall provide EP Catheters and products under this IDIQ to any VAMC as specified in each individual order and in the timeframe indicated on each individual order.

All orders shall be delivered Free on Board, (FOB) destination in accordance with FAR 52.247-

34 to any VAMC (which may include outpatient facilities) within the Continental United States

(CONUS) and all U.S. Territories to include delivery to Alaska, Hawaii, and Puerto Rico. Upon delivery of equipment, VA shall thoroughly inspect the equipment. After the inspection has been performed, the ordering VA medical facility shall issue a written notice of acceptance or rejection. For standard delivery, the Contractor shall provide the requested items no later than

(NLT) five (5) business days for CONUS orders after receipt of order (ARO) and NLT ten (10) business days after receipt of order for Outside of the Continental United States (OCONUS) orders. In some cases, the product may be required on an emergency basis and must be delivered within 24 hours after receipt of the order(s).

3.4.5 EMERGENCY TURNAROUND

When identified on the individual order, the Contractor shall provide emergency shipping service for the requested item(s) within 24 hours after receiving the Emergency Order Request. The

Contractor shall notify the Ordering POC of any additional charges or insurance for emergency orders, prior to shipping and it shall not exceed $250.00.

3.5 NOTIFICATION OF SUBSTITUTED AND BACK-ORDERED ITEMS

The Contractor shall notify the Ordering Facility point of contact within one (1) calendar 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 IDIQ Order delivery requirements. To ensure that the correct EP Catheter items are shipped, the Contractor shall not substitute items without prior approval by Ordering Official. Instances where the Contractor cannot meet the

Government’s requirement(s), the Contractor shall notify the Ordering Facility 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.

3.6 DISTRIBUTION

Direct Orders:

The Contractor shall accept all items ordered under the resultant IDIQ for delivery within the continental United States, including Alaska, Hawaii, Puerto Rico and all other U.S. territories, within the time frame specified in this IDIQ. Contractors shall bill the individual ordering facilities directly. Ordering facilities are responsible for remitting payment in accordance with the Prompt

Payment Clause.

Government Participants – The Contractor shall provide delivery of United States Food and

Drug Administration (FDA) approved EP Catheters as specified in the IDIQ. When an Order is placed against the IDIQ, the IDIQ holder shall ship directly to the applicable Veterans Affairs

Medical Center (VAMC) set forth in the Order at the prices awarded herein and under the terms and conditions set forth in the IDIQ. Shipments to the VA facility shall commence upon receipt of a delivery order/purchase order signed by a Government Purchase Card (GPC) Holder or

Warranted Contracting Officer on behalf of VAMC; but in no event shall delivery exceed 5 business days after receipt of order for CONUS orders and 10 business days for OCONUS orders. Individuals at VAMCs shall issue delivery orders to the contractor which shall indicate the specific items ordered, item quantities, and all necessary delivery and payment procedures.

3.7 PRODUCT REFRESH

The Contractor shall provide improved items within the awarded product line as appropriate new industry technologies emerge and obsolete items are replaced. By mutual agreement between the Contracting Officer and the Contractor, the Contractor shall add the new or improved items to the IDIQ. The revised product listing and pricing shall be in writing and approved by both parties.

Further, the Contractor shall ensure that all Biosense Webster EP Catheters and products offered are state-of-the-art. "State-of-the-art" is defined as the most recently designed components approved by the FDA and are announced for marketing purposes. All improved or enhanced products shall be provided with the Contractor’s standard industry warranty for such product(s).

The Contractor shall ensure that all new products are approved in accordance with the pre-market notification under the Food and Drug Administration (FDA) 510K process and labeled appropriately for Biosense Webster EP Catheter Studies.

The Contractor shall provide the Contracting Officer the following information as items become obsolete:

(1) A list of specific awarded items to be updated

(2) Product literature for the new items and a detailed description of the differences between the awarded items and the new items, and a specific analysis of the comparative advantages/disadvantages of the items involved; and

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

New products replacing awarded items and released to the market during the period of performance shall be offered to the Government at a negotiated discounted price. The

Government reserves the right to not accept the new products. The Contractor shall continue to supply the Contracted item(s) as originally identified until or unless such products become obsolete or are removed by the Contractor as required in accordance with the terms and conditions of the contract.

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

3.8 ORIGINAL EQUIPMENT MAUFACTURER GOODS

Contractor shall be an Original Equipment Manufacturer (OEM) authorized dealer, authorized distributor or authorized reseller for the proposed equipment such that OEM warranty and service are provided and maintained by the OEM. All warranties associated with the equipment shall be in accordance with the OEM terms and conditions.

The Contractor shall provide only new equipment and new parts for the required products described herein. ABSOLUTELY NO “GRAY MARKET GOODS” shall be provided under any Delivery Order. Gray Market Goods are defined as genuine branded goods sold outside of an authorized sales-territory (or by non-authorized dealers in an authorized territory) at prices lower than being charged in authorized sales territories (or by authorized dealers). All Equipment must be covered by the manufacturer's warranty.

3.9 UNIVERSAL PRODUCT NUMBERS (UPNs):

The Supplier under this IDIQ shall utilize Universal Product Numbers as product identifiers and

UPN bar code compliant labels on all packaging sizes down to the unit of measure, as they become available from manufacturers of medical and surgical supplies.

A UPN uniquely identifies healthcare products. It is derived from either the HIBCC-LIC or

UCC/EAN bar code labeling data structures. The HIBCC-LIIC format is variable in length, alpha-numeric and consists of manufacturer LIC assigned by HIBCC, the labeler’s products or catalog number, and the package level (or inventory unit) indicator.

The UCC/EAN format is fixed length, all numeric and consists of the UCC/EAN assigned manufacturer number (company prefix), numeric item number, a package level (or inventory unit) indicator, and a calculated check character.

When available, the contractor shall use UPNs as the key product unit identifier in its electronic product catalogs, order-processing systems, all product recalls, business documents, and reports called for under the terms of the contract.

3. 10 ORDERING

The resultant IDIQ will be decentralized. Orders below micro-purchase threshold ($10,000.00) will be placed by Government Purchase Card Holders. Orders over the micro-purchase threshold shall be placed by VHA Warranted Contracting Officers. Orders exceeding the micro-purchase threshold may be placed against this IDIQ via Electronic Data Interchange (EDI), via facsimile or in writing.

3.10.1 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:

a. Fax

b. Mail

c. Email

3.10.2 The Contractor shall acknowledge receipt of a Government purchase order and make every effort to confirm receipt back to the VA GPC Holder/ Warranted Contracting Officer within the same business day of receipt but no later than the following business day. At a minimum, orders shall contain the following information:

a. Date of order

b. Contract number and order number

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

d. Delivery or performance schedule

e. Place of delivery or performance (including consignee)

f. Any packaging, packing, and shipping instructions

g. Accounting and appropriation data

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

i. Authorized to Purchase - Warranted Contracting Officers, on behalf of VHA, to place orders which exceed $10,000.00 may use the IDIQ. Government Purchase Card holders, on behalf of VHA, to place order for which do not exceed $10,000.00 may use the IDIQ. Other Governmental Agencies will require an interagency agreement with the Department of Veteran Affairs to place orders against this IDIQ.

One or more delivery orders will be issued during the performance period of the contract. It is the expectation that the field will comply with regulatory guidance provided in FAR, VA

Acquisition Regulation (VAAR) and VA Acquisition Manual (VAAM) when executing orders.

3.11 REPORTING

To track compliance, VA requires the Contractor to submit Quarterly Sales Reports (QSR). The

QSR shall include part number, quantity sold, unit cost, and station location. Format to be agreed upon by the Government and Contractor upon award. The QSR shall be submitted on

Government fiscal calendar year. See below:

QUARTER PERIOD OF SALES SUBMISSION DUE DATE

1st October – December February 28th

2nd January – March May 31st

3rd April – June August 31st

4th July – September November 30th

The Contractor agrees that they shall adhere to this requirement. The Contractor shall provide a

QSR, 60 days after the end of each fiscal quarter ending December, March, June, and

September and no later than the submission due date.

The standard naming convention for all QSRs is as follows contract number, vendor name, fiscal year, and quarter, e.g., 36C10GD0134 Vendor Inc FY24Q1.

Reports shall be sent electronically to the SAC IDIQ Government points of contact, Contract

Specialist and Contracting Officer identified in B.1, and VA Program Advisory Services (PAS) at

VA003B1DEmp@va.gov; until the Contractor is notified, in writing, of different point of contact.

The Contractor shall identify the remittance amount and submit the QSR to CO and CS for review prior to remitting Service Level Agreement (SLA) fee in pay.gov. The SLA fee remitted in pay.gov shall match the SLA reported on the QSR.

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.

SAC Quarterly SLA Payments Process: In accordance with clause SAC 18-01 Service Level

Agreement Fee and Submission of Quarterly Sales Reports, the website listed below should be used to provide help/clarification about using the Pay.Gov website to send the required quarterly

SAC SLA Fee payments. Should your team need assistance please feel free to reach out directly to Pay.gov as the contact information is listed below for their helpdesk in addition to a link to their help/FAQ page as well.

PAY.GOV CUSTOMER SERVICE: 800-624-1373 (Toll free, Option #2)

Email: pay.gov.clev@clev.frb.org

Pay.Gov Hours (ET): 8:00 AM - 7:00 PM Monday - Friday

Website for Questions: https://www.pay.gov/public/help/faqs

The current company ID for the SAC is listed below. Please share this information with your banking institution as payments may not be processed without it. SAC Company ID:

0360010477

A Pay.Gov Conformation Receipt Is required for all payments and must be included in the quarterly sales report notification to the SAC Contracting Officer and Contract Specialist which is 60 calendar days after the quarter has ended. These are firm dates and must be properly adhere to by the Contractor.

3.12 INSPECTION AND ACCEPTANCE

The acceptance paragraph in FAR 52.212-4(a) is based upon the assumption that the

Government will rely on the Contractor’s assurances that the commercial item tendered for acceptance conforms to the IDIQ requirements. The Government’s inspection of commercial items will not prejudice its other rights under this acceptance paragraph.

3.13 FOOD AND DRUG ADMINISTRATION (FDA)

The Contractor shall not have any outstanding actions from the FDA or other regulatory agencies or unresolved FDA warning letters on the manufacturing processes or quality control issues involving the products covered by this contract within the last three (3) years. VA will require proof from the Contractors that the FDA issues have been resolved. A letter to the

Contractor from the regulatory agency will meet this requirement. Items involved in a recall cannot be added into this contract via modification until the recall is resolved. A distributor shall obtain FDA warning and resolution letters from manufacture, as applicable.

3.14 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 the table below. The contractor shall monitor performance against the terms and conditions outlined in the contact.

Contractor performance will be monitored and measured using a Quality Assurance

Surveillance Plan (QASP).

Table 1 – Performance Standards mailto:pay.gov.clev@clev.frb.org https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.pay.gov%2Fpublic%2Fhelp%2Ffaqs&data=05%7C01%7C%7Ca17260074f614e209d0608db4592a5fb%7Ce95f1b23abaf45ee821db7ab251ab3bf%7C0%7C0%7C638180268366342023%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=3ZIFzyrcfkNRuvkocMglXm1uK2pHhTx4VbNMmMRrygA%3D&reserved=0

PERFORMANCE

OBJECTIVE

PERFORMANCE

STANDARD

ACCEPTABLE

QUALITY LEVEL

(AQL)

METHOD OF

INSPECTION

INCENTIVES/

PENALTIES

Section B.3.11

Reporting

Submission of

Quarterly Sales

Report

Submission no later than 60 days after end of each calendar quarter ending March, June, September, December

All Quarterly

Sales Reports are submitted within

60 days

100% Inspection Inclusion in annual CPARS reporting if AQL is exceeded

Section B.3.6

Distribution/Delivery

Requirements

B.3.6 (NLT) five

(5) business days for CONUS orders after receipt of order (ARO) and

NLT ten (10) business days after receipt of order for

OCONUS orders

No more than 5 missed deliveries within a quarter

Random

Inspection and

Customer

Feedback

Inclusion in annual CPARS reporting if AQL is exceeded

B.3.6 Emergency

Turnaround -

Contractor shall provide emergency shipping service for the requested item(s) within 24 hours after receiving the

Emergency Order

Request

Section B.3.13

Replacement with

Alternative Supplies

Maintain continuous source of supply

No more than 3 instance of supply unavailability per option year

Random

Inspection and

Customer

Feedback

Inclusion in annual CPARS reporting if AQL is exceeded

Section B.3.4.1

Product

Modification, Removal or Recall

Provide notification of as outlined in B.

3.4.1 immediately

No more than 2 instances of unreported known product removal recall

Random

Inspection and

Customer

Feedback

Inclusion in annual CPARS reporting if AQL is exceeded

SECTION C - CONTRACT CLAUSES

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):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

FAR

Number

Title Date

52.202-1 DEFINITIONS JUN 2020

52.203-3 GRATUITIES APR 1984

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS NOV 2023

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON

POSTCONSUMER FIBER CONTENT PAPER

MAY 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.204-19 INCORPORATION BY REFERENCE OF

REPRESENTATIONS AND CERTIFICATIONS

DEC 2014

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT

NOV 2021

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

NOV 2023

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS SEP 2023

52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN SEP 2023

52.232-17 INTEREST MAY 2014

52.232-37 MULTIPLE PAYMENT ARRANGEMENTS MAY 1999

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS JUN 2013

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

MAR 2023

52.233-1 DISPUTES MAY 2014

52.242-13 BANKRUPTCY JUL 1995

52.247-37 F.O.B. VESSEL, PORT OF SHIPMENT APR 1984

VAAR

Number

Title Date

852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE DEC 2022

852.203-70 COMMERCIAL ADVERTISING MAY 2018

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(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 products and commercial services:

(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) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L.

115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR

2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 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 products and commercial services:

[X] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with

Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

[X] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C.

3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment

Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the

American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712);

this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

[X] (5) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards

(JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (6) [Reserved]

[] (7) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (8) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (9) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).

[X] (10) 52.209–6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

[X] (11) 52.209-9, Updates of Publicly Available Information Regarding Responsibility

Matters (OCT 2018) (41 U.S.C. 2313).

[] (12) [Reserved]

[] (13) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15

U.S.C. 657a).

[] (14) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (15) [Reserved]

[] (16)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-6.

[] (17)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[X] (18) 52.219-8, Utilization of Small Business Concerns (SEP 2023) (15 U.S.C. 637(d)(2) and (3)).

[X] (19)(i) 52.219–9, Small Business Subcontracting Plan (SEP 2023) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[X] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (JUN 2020) of 52.219–9.

[] (v) Alternate IV (SEP 2023) of 52.219–9.

[] (20)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (ii) Alternate I (MAR 2020) of 52.219-13.

[] (21) 52.219–14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

[X] (22) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C.

637(d)(4)(F)(i)).

[] (23) 52.219–27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

(OCT 2022) (15 U.S.C. 657f).

[X] (24) (i) 52.219–28, Post-Award Small Business Program Rerepresentation (SEP 2023)

(15 U.S.C. 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219–28.

[] (25) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

[] (26) 52.219–30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small

Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15

U.S.C. 637(m)).

[] (27) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15

U.S.C. 644(r)).

[] (28) l(26) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

[] (29) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[X] (30) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (DEC 2022)

(E.O. 13126).

[X] (31) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (32)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (ii) Alternate I (FEB 1999) of 52.222-26.

[X] (33)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[] (ii) Alternate I (JUL 2014) of 52.222-35.

[X] (34)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.

793).

[] (ii) Alternate I (JUL 2014) of 52.222-36.

[X] (35) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[X] (36) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010) (E.O. 13496).

[X] (37)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[X] (38) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

[] (39)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-

Designated Items (MAY 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (40) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (41) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and

Air Conditioners (JUN 2016) (E.O. 13693).

[] (42)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014)

(E.O.s 13423 and 13514).

[] (ii) Alternate I (OCT 2015) of 52.223-13.

[] (43)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-14.

[] (44) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C.

8259b).

[] (45)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT

2015) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (46) 52.223–18, Encouraging Contractor Policies to Ban Text Messaging While Driving

(JUN 2020) (E.O. 13513).

[] (47) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (48) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[] (49)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[] (ii) Alternate I (JAN 2017) of 52.224-3.

[] (50)(i) 52.225-1, Buy American—Supplies (OCT 2022) (41 U.S.C. chapter 83).

[] (ii) Alternate I (OCT 2022) of 52.225–1.

[] (51)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (DEC 2022)

(19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19

U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-

302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate I [Reserved].

[] (iii) Alternate II (DEC 2022) of 52.225-3.

[] (iv) Alternate III (JAN 2021) of 52.225-3.

[] (v) Alternate IV (OCT 2022) of 52.225-3.

[X] (52) 52.225–5, Trade Agreements (DEC 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (53) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury).

[] (54) 52.225–26, Contractors Performing Private Security Functions Outside the United

States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for

Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

[] (55) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C.

5150).

[] (56) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV

2007) (42 U.S.C. 5150).

[X] (57) 52.229–12, Tax on Certain Foreign Procurements (FEB 2021).

[] (58) 52.232-29, Terms for Financing of Purchases of Commercial Products and

Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

[] (59) 52.232-30, Installment Payments for Commercial Products and Commercial Services

(NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

[X] (60) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management

(OCT 2018) (31 U.S.C. 3332).

[] (61) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award

Management (JUL 2013) (31 U.S.C. 3332).

[] (62) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (63) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[X] (64) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C.

637(d)(13)).

[] (65)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV

2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

[] (ii) Alternate I (APR 2003) of 52.247-64.

[] (iii) Alternate II (NOV 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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 products and commercial services:

[] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price

Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price

Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY

2014) (41 U.S.C. chapter 67).

[] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026

(JAN 2022).

[] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

[] (9) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42

U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor

Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the

Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C.

3509).

(ii) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).

(iii) 52.203-19, Prohibition on Requiring Certain Internal…