36C10G24R0032 COMBINED SYNOPSIS SOLICITATION - NX EQ WASHER DECONTAMINATION UNITS.docx

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NX EQ WASHER DECONTAMINATION UNITS
Solicitation number
36C10G24R0032
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This document is a Combined Synopsis/Solicitation issued by the Department of Veterans Affairs (VA) for brand name or equal Washer/Decontamination Units. The VA has a requirement to purchase these units to deliver patient care at its medical centers nationwide. The units are designed for automatic or semi-automatic washing and physical decontamination of surgical instruments, respiratory devices, and other critical devices.

The solicitation is for a single award Requirements contract to provide Steris brand name or equal Washer/Decontamination Units and related equipment/accessories as listed. Offers must indicate if the product is brand name or equal, describe the salient characteristics, and identify the brand and model. The contract will be awarded for one 12-month base year with four 12-month option years. Delivery is FOB destination. Responses are due by 9:00 AM EST on September 18, 2024. The procurement is issued as full and open. The associated NAICS code is 339113 with a size standard of 1,000 employees.

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Combined Synopsis/Solicitation Notice

SUBJECT*
NX EQ Washer Decontamination Units

GENERAL INFORMATION

CONTRACTING OFFICE’S ZIP CODE*
22408-2697
SOLICITATION NUMBER*
36C10G24R0032
RESPONSE DATE/TIME/ZONE
09-18-2024 9:00AM EASTERN TIME, NEW YORK, USA
ARCHIVE
60 DAYS AFTER THE RESPONSE DATE
RECOVERY ACT FUNDS
N
SET-ASIDE
N
PRODUCT SERVICE CODE*
6515
NAICS CODE*
339113
CONTRACTING OFFICE ADDRESS
U.S. Department of Veterans Affairs

OPAL | Strategic Acquisition Center

10300 Spotsylvania Ave | STE 400 Fredericksburg VA 22408-2697

POINT OF CONTACT*

Contract Specialist Trevor Mason Trevor.Mason@va.gov

PLACE OF PERFORMANCE

ADDRESS
Nationwide

POSTAL CODE

COUNTRY

ADDITIONAL INFORMATION

AGENCY’S URL
https://www.va.gov/opal/sac/index.asp
URL DESCRIPTION
VA | OALC | OPAL | SAC
AGENCY CONTACT’S EMAIL ADDRESS
Trevor.Mason@va.gov
EMAIL DESCRIPTION
Trevor.Mason@va.gov

DESCRIPTION

*= Required Field
Combined Synopsis/Solicitation Notice

Combined Synopsis/Solicitation Notice

Solicitation Number:

36C10G24R0032 Notice Type:

Combined Synopsis/Solicitation Synopsis:

COMBINED SYNOPSIS/SOLICITATION

This is a combined synopsis/solicitation for brand name or equal commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued.

Solicitation number 36C10G24R0032 is issued for this combined synopsis/solicitation; this solicitation is being issued as a Request for Proposal (RFP). This combined synopsis/solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2024-05, dated 22 May 2024.

Requirement Description:

VA has a requirement to purchase Washer/Decontamination Units to deliver patient care at its VA Medical Centers around the country. Washer/Decontamination Units are designed for automatic or semiautomatic washing (i.e., eliminating dirt and/or stains) and physical removal (i.e., physical decontamination) of organic debris such as blood, fat, bone from surgical instruments, reusable respiratory devices (e.g., anesthesia sets), and other critical devices. These units typically consist of a corrosion-resistant chamber containing baskets or trays for the soiled instruments; some can accommodate instrument trays and/or dedicated racks. The equipment performs a cycle of operations typically including water prewash, enzyme treatment, detergent wash, heated rinse, and drying; the process includes mechanical removal of contaminants by water jets and/or ultrasound energy and may include thermal disinfection (usually using water from 60 to 95 degrees Celsius [140 to 203 degrees Fahrenheit]). Surgical instrument washer/decontamination units are frequently used as an adjunct to manual cleaning of surgical instruments before sterilization; they provide some level of disinfection by killing or inactivating several types of microorganisms. They are available in stand-alone and wall-recessed configurations, typically for use in central supplies departments of healthcare facilities.

A single award Requirements contract will be awarded IAW FAR 52.211-6 Brand Name or Equal in accordance with all terms, conditions, provisions, specifications, and schedule of this solicitation herein. Offers shall contain the terms for cost/price and technical capabilities of the brand name or equal equipment. The Government reserves the right to award without discussions.

The associated North American Industrial Classification System (NAICS) code for this procurement is 339113 – Surgical Appliance and Supplies Manufacturing: 6515 – Medical and Surgical Instruments, Equipment, and Supplies and the associated size standard is 1000 employees. This procurement action is issued as full and open.

This acquisition is for a single award Requirements contract in accordance with FAR Part 16.5 for Steris brand name or equal Washer/Decontamination Units and related equipment and accessories as identified in ATTACHMENT A – PRICE COST SCHEDULE - NX EQ WASHER DECONTAMINATION UNITS. All interested companies shall provide a quote for all Contract Line-Item Numbers (CLINs) listed in ATTACHMENT A – PRICE COST SCHEDULE - NX EQ WASHER DECONTAMINATION UNITS.

The ordering period is for one 12-month base year with four 12-month option years. Delivery is FOB destination. Firm-Fixed Price Orders will be placed against this contract in writing and will provide the delivery locations, delivery dates and exact quantities.

The FAR provision at 52.212-1, Instructions to Offerors – Commercial Products and Commercial Services, applies to this acquisition including attached addenda (Attachment D) to the provision.

The FAR provision at 52.212-2, Evaluation -- Commercial Products and Commercial Services, and the specific evaluation criteria as attached addenda (Attachment D) also applies to this acquisition.

The Offeror is to include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Products and Commercial Services, with its offer.

Clause at 52.212-4, Contract Terms and Conditions -- Commercial Products and Commercial Services, applies to this acquisition and a statement regarding any addenda to the clause. Addendum is attached (Attachment C).

Clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Products and Commercial Services, applies to this acquisition and a statement regarding which, if any, of the additional FAR clauses cited in the clause are applicable to the acquisition. Addendum is attached (Attachment C).

An Offeror is required to be registered in SAM when submitting an offer and shall continue to be registered until time of award, during performance, and through final payment of any contract. You may access SAM at https://sam.gov/SAM/.

Questions regarding this combined synopsis/solicitation are due via email by 0900 AM EST on September 12, 2024, to Contract Specialist, Trevor Mason at Trevor.Mason@va.gov and Contracting Officer, Sara Vickroy at Sara.Vickroy@va.gov. No calls will be accepted.

Offers are due via email by 0900 AM EST on September 18, 2024, to Contract Specialist, Trevor Mason at Trevor.Mason@va.gov and Contracting Officer, Sara Vickroy at Sara.Vickroy@va.gov.

1. SCOPE OF WORK

The Veterans Health Administration (VHA) Non-Expendable Equipment (NX) National Program has identified the Washer/Decontamination Units product line as a candidate for inclusion in the National Equipment Catalog (NEC). This will be accomplished via the awarding of a VA-wide (otherwise referred to as “national”) single award Requirements contract (BNOEs).

Washer/Decontamination Units are designed for automatic or semiautomatic washing (i.e., eliminating dirt and/or stains) and physical removal (i.e., physical decontamination) of organic debris such as blood, fat, bone from surgical instruments, reusable respiratory devices (e.g., anesthesia sets), and other critical devices. These units typically consist of a corrosion-resistant chamber containing baskets or trays for the soiled instruments; some can accommodate instrument trays and/or dedicated racks. The equipment performs a cycle of operations typically including water prewash, enzyme treatment, detergent wash, heated rinse, and drying; the process includes mechanical removal of contaminants by water jets and/or ultrasound energy and may include thermal disinfection (usually using water from 60 to 95 degrees Celsius [140 to 203 degrees Fahrenheit]). Surgical instrument washer/decontamination units are frequently used as an adjunct to manual cleaning of surgical instruments before sterilization; they provide some level of disinfection by killing or inactivating several types of microorganisms. They are available in stand-alone and wall-recessed configurations, typically for use in central supplies departments of healthcare facilities.

The Contractor must demonstrate the ability to meet all requirements for the solicitation. The objective is to provide Washer/Decontamination Units to be used by clinicians throughout the VA medical centers and facilities.

2. REQUIREMENT

This requirement will be IAW FAR clause 52.211-6, “Brand Name or Equal” which requires the Offeror to indicate that each product is being offered as an “equal” product to the Steris Washer/Decontamination Units. For each equal product, the Offeror must include a description reflecting the salient characteristics (SC) and level of quality that will satisfy the salient physical, functional, or performance characteristics of the equal product(s) specified in the solicitation. The Offeror must also clearly identify the item by brand name (if any) and make/model number. Finally, the Offeror must include descriptive literature, such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer, and clearly describe any modifications it plans to make to a product to make it conform to the solicitation requirements.

Contract Line Item#
Brand
Part Number
Description
0001
Steris
FH14042
AMSCO 5052 460-480V, 60HZ, DD, STEAM
0002
Steris
FH14043
AMSCO 5052 460-480V, 60HZ, DD, ELECTRIC
0003
Steris
FH14072
AMSCO 5052 200-208V, 60HZ, DD, STEAM
0004
Steris
FH16042
AMSCO 3052 460-480V, 60HZ, DD, STEAM
0005
Steris
FH16043
AMSCO 3052 460-480V, 60HZ, DD, ELECTRIC
0006
Steris
FH16072
AMSCO 3052 200-208V, 60HZ, DD, STEAM
0007
Steris
FH18042
AMSCO 7052HP, 460-480V, 3 PH, 60 HZ, STEAM HEATED
0008
Steris
FH18043
AMSCO 7052HP, 460-480V, 3 PH, 60 HZ, ELECTRIC HEATED
0009
Steris
FH18072
AMSCO 7052HP, 200-208V, 3 PH, 60 HZ, STEAM HEATED
0010
Steris
FH19042
AMSCO 7053HP, 460-480V, 3 PH, 60 HZ, STEAM HEATED
0011
Steris
FH19043
AMSCO 7053HP, 460-480V, 3 PH, 60 HZ, ELECTRIC HEATED
0012
Steris
FH19072
AMSCO 7053HP, 200-208V, 3 PH, 60 HZ, STEAM HEATED
0013
Steris
FD000018
AIR COMPRESSOR,100-120V/200-240V
0014
Steris
FD000054
ACU-RINSE RESERVOIR (INSTALL ON UNIT)
0015
Steris
FD000055
ACU-WASH RESERVOIR (INSTALL ON UNIT)
0016
Steris
FD000056
40 AMP MINIMUM CIRCUIT PROTECTION (INSTALL ON UNIT)
0017
Steris
FD000057
RAS CYCLE (INSTALL ON UNIT)
0018
Steris
FD012
PRINTER, THERMAL, KFI 40 CARACTERS, ASSY
0019
Steris
FD024
RACK HIGH, 3 LEVEL, FOR MIS, ASSY (VSC)
0020
Steris
FD037
INSTALLATION KIT, FLEXIBLE HOSES FOR UTILITIES (FOR ELECTRIC UNIT)
0021
Steris
FD061
BOTTOM UTILITY CONNECTIONS (FOR ELECTRIC UNIT)
0022
Steris
FD084
CONDENSATE RETURN COOL DOWN
0023
Steris
FD085
SEISMIC TIE-DOWN KIT (3052/5052)
0024
Steris
FD086
BOTTOM UTILITY CONNECTIONS (FOR STEAM UNIT)
0025
Steris
FD088
INSTALLATION KIT, FLEXIBLE HOSES FOR UTILITIES (FOR STEAM UNIT)
0026
Steris
FD089
SAMPLING VALVE (3052/5052)
0027
Steris
FD094
PROTOCOL PRINTER (3052/5052)
0028
Steris
FD099
GBP ACCESSORY INSERT FOR CONTAINERS
0029
Steris
FD105
TWO LEVEL MANIFOLD RACK - LONG
0030
Steris
FD106
TWO LEVEL MANIFOLD RACK WITH EQUAL LEVEL SPACE - LONG
0031
Steris
FD107
THREE LEVEL MANIFOLD RACK - LONG
0032
Steris
FD108
FOUR LEVEL MANIFOLD RACK - LONG
0033
Steris
FD110
FIVE LEVEL MANIFOLD RACK - LONG
0034
Steris
FD112
THREE LEVEL BASE RACK FOR MIS, OPHTHALMIC OR DENTAL APPLICATION - LONG
0035
Steris
FD114
MULTI-FUNCTION RACK FOR LARGE ITEMS - LONG
0036
Steris
FD115
MULTI-FUNCTION RACK FOR SMALL ITEMS - LONG
0037
Steris
FD116
GPB ACCESSORY - LONG
0038
Steris
FD138
UPPER INSERT FOR MIS INSTRUMENTS / 68 JETS CONNECTIONS / 24 TUBE CONNECTIONS - LONG
0039
Steris
FD139
UPPER INSERT FOR OPHTHALMIC INSTRUMENTS / 4X12 CONNECTIONS - LONG
0040
Steris
FD144
FOUR LEVEL MANIFOLD RACK FOR US TRAYS - LONG
0041
Steris
FD179
AUTO DOCKING LONG CHAMBER TRANSFER CART
0042
Steris
FD199
TRANSFER CART, SHORT, AUTO LOCK
0043
Steris
FD209
AUTO DOCKING TC ADAPTER (WASHER)
0044
Steris
FD214
AUTO DOCKING ADAPTER FOR TRANSFER CART (5052/3052)
0045
Steris
FD21800
TRANSFER CART
0046
Steris
FD256
RAS 12 RACK
0047
Steris
FD257
RAS 12 LONG RACK
0048
Steris
FD258
RAS CYCLE (NO RACK)
0049
Steris
FD349
ADDITIONAL CHEMICAL PUMP
0050
Steris
FD350
CONDUCTIVITY PROBE
0051
Steris
FD351
ADDITIONAL WALL FLANGE
0052
Steris
FD352
OFFSET INSTALLATION AIR MANAGEMENT KIT
0053
Steris
FD353
CONDENSATE RETURN TO DRAIN
0054
Steris
FD354
SEISMIC TIE-DOWN KIT 7000HP
0055
Steris
FD361
DRAIN ACU-COOLDOWN 7052/7053HP
0056
Steris
FD362
SET OF DRY CONTACTS 7052/7053HP
0057
Steris
FD363
HANDHELD BAR CODE SCANNER
0058
Steris
FD509
IRRIGATION HOSE FOR ANESTHESIA WASHING RACK - 7053L
0059
Steris
FD58000
BAR CODE TAG HOLDER (444/SYN/VISION/3052/5052)
0060
Steris
FD592
IQ/OQ/PQ DOCUMENTATION (3052/5052)
0061
Steris
FD61700
UNIVERSAL TRANSFER CART
0062
Steris
FD66400
RIGID MIS INSTRUMENT RACK
0063
Steris
FD70400
ANESTHESIA/RESPIRATORY RACK (444/3052/5052)
0064
Steris
FD70700
UTENSILS (01) PACKAGE OF 10
0065
Steris
FD70800
PLASTIC GOODS (04) PACKAGE OF 10
0066
Steris
FD71000
ANESTHESIA/RESPIR GOODS
0067
Steris
FD71100
CYCLE (07) PACKAGE OF 10
0068
Steris
FD71200
CYCLE (08) PACKAGE OF 10
0069
Steris
FD71300
CYCLE (09) PACKAGE OF 10
0070
Steris
FD71400
CYCLE (10) PACKAGE OF 10
0071
Steris
FD71500
INSTRUMENTS (00) (PKG OF 10)
0072
Steris
FD71700
GENTLE CYCLE (06) PACKAGE OF 10
0073
Steris
FD74800
2 LEVEL MANIFOLD RACK(VSC/VMC/SYN/GEN/3052/5052)
0074
Steris
FD74900
3 LEVEL MANIFOLD RACK (VSC/VMC/SYN/GEN/3052/5052)
0075
Steris
FD75100
4 LEVEL MANIFOLD RACK(VSC/VMC/SYN/GEN/3052/5052)
0076
Steris
FD75200
5 LEVEL MANIFOLD RACK (VSC/VMC/SYN/GEN/3052/5052)
0077
Steris
FD75300
FLEXIBLE HOLD-DOWN SCREEN (VSC/3052/5052)
0078
Steris
FD75500
MULTI-FUNCTION RACK FOR LARGE ITEM
0079
Steris
FD75600
MULTI FUNCTION RACK FOR SMALL ITEMS
0080
Steris
FD76900
FLEXIBLE HOSE FOR CANNULATED INSTRUMENTS (VSC/3052/5052)
0081
Steris
FD77100
GPB ACCESSORY
0082
Steris
FD78000
ANESTHESIA ACCESSORY
0083
Steris
FD79100
2 LEVEL MANIFOLD RACK WITH EQUAL LEVEL SPACE
0084
Steris
FD79500
INSERT FOR "OR" SHOES
0085
Steris
FD79900
UPPER INSERT FOR MIC INSTRUMENTS/58 JEST CONNECTIONS/20 TUBE CON.
0086
Steris
FD80300
UPPER INSERT FOR 2 STERILE GOODS CONTAINERS
0087
Steris
FD80400
DIVIDER - CROSS DIRECTION FOR GPB ACCESSORY
0088
Steris
FD80800
MESH TRAY WITH SILICON MAT FOR DENTAL AND OPTHALMIC INSTRUMENTS
0089
Steris
FD82000
RACK FOR 5 STERILE GOODS CONTAINER 150X300X600
0090
Steris
FD82700
UPPER UNIVERSAL INSERT - LARGE
0091
Steris
FD82800
DIVIDER - LENGHT DIRECTION FOR GPB ACCESSORY - LARGE
0092
Steris
SE1011521
DEINSTALLATION OF WASHER
0093
Steris
SE1015121
DEINSTALL VISION SC, AMSCO 7053L, AMSCO 3052, 5052
0094
Steris
SE101562
INSTALL AMSCO 3052 WASHER
0095
Steris
SE101572
INSTALL AMSCO 5052 WASHER
0096
Steris
SE101682
INSTALL AMSCO 7052HP
0097
Steris
SE1016821
DEINSTALL AMSCO 7052HP
0098
Steris
SE101692
INSTALL AMSCO 7053HP
0099
Steris
SE1016921
DEINSTALL AMSCO 7053HP
0100
Steris
SE6025100071
DISPOSAL OF WASHER
0101
Steris
SE60269
AMSCO 3052/5052/7052/7053HP 2D TECH CENT TRAINING

The Department of Veterans Affairs (VA) is seeking vendors who can provide Steris Brand Name or Equal (BNOE) Washer/Decontamination Units as listed above or equal commodities which meet all the following salient characteristics.

CLIN’s 0001-0012 apply to the following SC’s.

SC #
SALIENT CHARACTERISTICS
METHOD OF EVALUATION
SC – Literature Map

DOCUMENT

TITLE

PAGE #

SC 1
The washer/decontamination unit shall consist of one or more chambers that are freestanding, recessed in a wall, or installed between walls.
Literature Review
SC 2
The washer/decontamination unit shall offer selected wash, rinse, and drying cycles.

Literature Review

SC 3
The washer/decontamination unit shall be equipped with safety features.

Literature Review

SC4
The washer/decontamination unit shall have the capability to interface with CensiTrac (Instrument Tracking Systems).
Literature Review
SC 5
A minimum 1-year warranty is required.
Literature Review

In addition to meeting the Salient Characteristics the following sub factors will be evaluated:

· Safety Features and functions of the offered device will be evaluated for the ability to safely wash and decontaminate surgical instruments. Areas may include but are not limited to the following:

· Safety stop push button

· Audible alarms

· Visual alarms

· Safety interlock/lockout features

· Reduce user biohazard risk

· Cycle status indicators

· Design Design features and functions of the offered device will be evaluated. Areas may include but are not limited to the following:

· Automatically add and monitor chemical levels

· Steam or electric heating

· Monitoring and maintaining water temperature

· Visual indicators/control system to assess the status of certain conditions before cycle completion

· Doors

· Size and number of chambers

· Number of baskets/trays

· Touch Screen control system

· Chamber illumination

· Performance Device will be evaluated for its ability to perform its intended function. Areas may include but are not limited to:

· Ease of use

· Ease of Maintenance

· Manual or automatic loading

· At least six cycles (i.e., cold prewash, detergent wash, rinse, distilled-water rinse, rinse/lubricate, and dry).

· Selectable water temperature

· Automatic detergent dispensing

· Number of standard-size (DIN) trays processed per hour

· Quality/Construction Aspect of the construction and quality of material of the device will be evaluated and may include but are not limited to:

· Corrosion-resistant chambers

· Energy efficiency

· Reduce water consumption

· Warranty, installation, training

· Glass window on doors

· Doors

Vendors may offer any product solution or configuration so long as they meet the salient characteristics. Products offered in the technical volume must be captured on the Vendor’s pricing volume (Attachment A, Price Cost Schedule) of the solicitation. Vendors may offer any additional ancillary products which they deem to be essential to the functionality of the proposed solution; these items must be captured in the Vendor’s pricing volume with a quantity of zero.

3. INSTALLATION

The ordering facility and the vendor/manufacturer will schedule any offered installation, deinstallation, and disposal. When there is a need to procure these CLINs, the ordering facility will communicate with the vendor on the schedule and delivery times upon receipt of goods based on facility needs.

4. TRAINING

The ordering facility and the vendor/manufacturer will schedule any offered training as established by CLIN. Training mode of delivery and training schedule will be purchased based on facility needs.

5. MAINTENANCE, REPAIRS AND REPLACEMENTS

Instructions and procedures will be provided by the vendor specific to the warranty, maintenance, repairs, and replacement of product and services. At minimum, vendor will propose manufacturer warranty period that may include response time, parts, associated maintenance services and consumables.

6. 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), etc.

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, see attachment XXXXX.

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 IDC 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 Contracting Officer, for review and recommendation of approval to be submitted to the CO. The CO shall prepare a bilateral modification for execution.

7. 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, Contracting Specialist, Contracting Officer Representative, and Manager at Product Recall Office, all Agencies and VA Facilities who purchased the product, which include, but not be limited to the following:

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

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

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

A copy of the notification will be provided to:

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

8. DATA RIGHTS

Commercial license agreements may be made a part of this Contract/Order but only if both parties expressly make them an addendum hereto, as permitted by FAR 12.212. If the commercial license agreement is not made an addendum, it shall not apply, govern, be a part of or have any effect whatsoever on the Contract/Order; this includes, but is not limited to, any agreement embedded in the computer software (clickwrap), any agreement that is otherwise delivered with or provided to the Government with the commercial computer software or documentation (shrink wrap), or any other license agreement otherwise referred to in any document. If a commercial license agreement is made an addendum, only those provisions addressing data rights regarding the Government’s use, duplication and disclosure of data (e.g., restricted computer software) are included and made a part of this Contract/Order, and only to the extent that those provisions are not duplicative or inconsistent with Federal law, Federal regulation, the incorporated FAR clauses and the provisions of this Contract/Order; those provisions in the commercial license agreement that do not address data rights regarding the Government’s use, duplication and disclosure of data shall not be included or made a part of the Contract/Order. Federal law and regulation including, without limitation, the Contract Disputes Act (41 U.S.C. § 7101 et seq.), the Anti-Deficiency Act (31 U.S.C. § 1341 et seq.), the Competition in Contracting Act (41 U.S.C. § 3301 et seq.), the Prompt Payment Act (31 U.S.C. § 3901 et seq.), Contracts for Data Processing or Maintenance (38 USC § 5725), and FAR clauses 52.212-4, 52.227-14, 52.227-19 shall supersede, control, and render ineffective any inconsistent, conflicting, or duplicative provision in any commercial license agreement. In the event of conflict between this clause and any provision in the Contract/Order or the commercial license agreement or elsewhere, the terms of this clause shall prevail. The Contractor shall deliver to the Government all data first produced under this Contract/Order with unlimited rights as defined by FAR 52.227-14. Claims of patent or copyright infringement brought against the Government as a party shall be defended by the U.S. Department of Justice (DOJ) in accordance with 28 U.S.C. § 516; at the discretion of DOJ, the Contractor may be allowed reasonable participation in the defense of the litigation. Any additional changes to the Contract/Order must be made by modification (Standard Form 30) and shall only be made by a warranted Contracting Officer. Nothing in this Contract/Order or any commercial license agreement shall be construed as a waiver of sovereign immunity.

The following attachments are incorporated by reference. All criteria outlined in the attachments are applicable to this combined synopsis/solicitation.

See attached document: ATTACHMENT A - PRICE COST SCHEDULE - NX EQ WASHER DECONTAMINATION UNITS.

See attached document: ATTACHMENT B - CONTRACT ADMINISTRATION - NX EQ WASHER DECONTAMINATION UNITS.

See attached document: ATTACHMENT C - CONTRACT CLAUSES - NX EQ WASHER DECONTAMINATION UNITS.

See attached document: ATTACHMENT D - SOLICITATION PROVISIONS - NX EQ WASHER DECONTAMINATION UNITS.

See attached document: ATTACHMENT E - REPORTING TOOL - NX EQ WASHER DECONTAMINATION UNITS.

See attached document: ATTACHMENT F – PAST PERFORMANCE QUESTIONNAIRE - NX EQ WASHER DECONTAMINATION UNITS.

See attached document: ATTACHMENT G – PAST PERFORMANCE QUESTIONNAIRE - NX EQ WASHER DECONTAMINATION UNITS.

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