36C24123Q0051.docx

36C24123Q0051

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. SIGNAT

URE 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

36C24123Q0051 10-31-2022 Maureen Long 302-287-3371 11-07-2022

11:00 AM

EDT

36C241 Department of Veterans Affairs Veterans Health Administration (VHA) Regional Procurement Office (RPO) East Network Contracting Office 1 (NCO 1)

X 339113 N/A X Department of Veteran Affairs Veterans Health Administration (VHA)

Department of Veterans Affairs Veterans Health Administration (VHA) Procurement Office (RPO) East Network Contracting Office 1 (NCO 1)

Applies to VA Direct Orders Only

See CONTINUATION Page To Establish a Blanket Purchase Agreement in support of the Medical Surgical Prime Vendor Product Catalog Product Category: Various – See Individual Line Items This RFQ is being issued under FAR 13 and any reference to FAR 15 is an error and should be brought to the Contracting Officer's immediate attention.

Please submit any questions in writing to:

Maureen.Long2@va.gov by 4:00PM EST on 11/2/2022.

One amendment will be posted to answer all questions received by the deadline.

Submit quote to Maureen.Long2@va.gov using the attached Microsoft Excel Quote Sheet.

See CONTINUATION Page X X X Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

See attached document: Supply Solicitation Template_Open Market_v1.1.

B.2 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: _______________________________

POC: _________________________

Phone: __________________ Email: _____________________________________________________

b. GOVERNMENT: Contracting Officer 36C241 Department of Veterans Affairs Veterans Health Administration (VHA) Regional Procurement Office (RPO) East Network Contracting Office 1 (NCO 1)

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

3. INVOICES: Invoices shall be submitted in arrears:

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.

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

B.2 STATEMENT OF WORK

I. Background

A. Background

1. The U.S. Department of Veterans Affairs (VA), Veterans Health Administration (VHA) manages the United States’ largest integrated healthcare system, providing care at 1,243 healthcare facilities, including 172 medical centers and 1,062 outpatient sites of care of varying complexity (VHA outpatient clinics), serving approximately 9 million enrolled Veterans each year. The healthcare system receives the majority of medical and surgical supply support through the Medical/Surgical Prime Vendor (MSPV) program.

2. MSPV will utilize Prime Vendor (PV) contracts for distribution and supply management services. Facilities will order from the MSPV Product List, which will be formed by awarding Blanket Purchase Agreements (BPA) to Original Equipment Manufacturers (OEM), suppliers, and authorized resellers of medical/surgical supplies (referred to as “Authorized Suppliers” herein).

a. Any suppliers and resellers who participate in MSPV must be authorized to provide the supplies by the OEM. An Authorized Distributor Letter from the manufacturer shall be included with the response. See Section III.A Supply Requirements for additional parameters.

3. This procurement will establish multiple BPAs in direct support of the MSPV Program. This procurement is a key element in the success of the program as the BPAs will provide the mechanism that will supply an estimated 49,000 medical/surgical supplies for distribution to VHA facilities located in the United States (US) and US Territories and Other Government Agencies (OGAs) as identified by VA (referred to as “facilities” herein). The MSPV Product List will include all supplies that are listed on BPA’s, that list can be found here:

Medical/Surgical Prime Vendor-Next Generation (MSPV-NG) Bridge Program - Office of Procurement, Acquisition and Logistics (OPAL) (va.gov)

B. Scope

1. The objective of this procurement is to establish BPAs for MSVP Open Market medical/surgical supplies for nationwide usage. VHA aims to ensure availability and consistency of medical/surgical supplies and to obtain volume-based, standardized pricing. VHA desires to continue the practice of achieving cost avoidance while simultaneously balancing clinician considerations for obtaining quality medical/surgical supplies.

2. The response to this solicitation will include proposed pricing for medical/surgical supplies the Offeror wishes to provide to the government that are aligned to MSPV Open Market. Supplies aligned to this category, and product descriptions, can be found in PM_MSPV Quote Sheet_OpenMarket_v4.1. Offerors may propose supplies from their respective catalogs they wish to provide to the government that fit within the scope of the respective product category, excluding any supplies already covered under the AbilityOne Procurement List. For a proposed supply item, for which the government has received multiple quotes across multiple product categories, the government will make the determination of a single product category for evaluation and award. Only supplies proposed under that product category will be evaluated and considered for award. Offerors are encouraged to submit quotes across all applicable categories to ensure their quotes are evaluated in the correct category.

3. An open market BPA will be established between the Authorized Supplier and the government under the terms and conditions incorporated in this BPA. This BPA does not obligate any funds and there is no obligation for the Government to purchase orders against this BPA.

4. Covered medical/surgical supplies eligible for order under MSPV are defined as medical, surgical, dental, and laboratory supplies excluding supplies already covered under the AbilityOne Procurement List. Public Law No: 116-155 Department of Veterans Affairs Contracting Preference Consistency Act of 2020.

5. Awards will be modified as additional supplies move through the evaluation process.

6. This BPA shall be administered by the VHA Office of Procurement and its assigned Contracting Officer(s) (CO).

C. Federal Acquisition Regulation (FAR) Requirements under FAR 13.303-3

1. Extent of Obligation: It is contemplated that purchases for medical/surgical supplies will be placed through the PVs.

2. Purchase Limitation: Purchases for medical/surgical supplies will be placed with the PVs. Although there are currently no plans for the government to order against this BPA, if that occurs, there is a $500,000 individual order limitation.

3. Individuals Authorized to Purchase Under the BPA: Purchases for medical/surgical supplies will be placed through the PVs. Should it be necessary for the government to order against this BPA a list of authorized individuals will be provided.

4. Delivery Tickets: Purchases for medical/surgical supplies will be placed through the PVs. Should it be necessary for the government to order against this BPA, the delivery tickets or sales slips shall contain the minimum information outlined in FAR 13.303-3(a)(5).

5. Invoices: It is contemplated that purchases for medical/surgical supplies will be placed through the PVs.

D. Type of Contract

1. BPAs will be awarded under this Statement of Work (SOW) will have a total Period of Performance (POP) not to exceed 60 months.

2. This BPA does not obligate any funds.

3. An annual review of all BPAs will be conducted by the government to include a review of terms, conditions, and pricing.

4. The Government reserves the right to cancel or terminate a BPA.

II. MSPV Business Processes

A. Commercial Agreements

1. The Authorized Supplier awardee is required to enter into a commercial agreement with all awarded PVs, who will provide national distribution and supply management services to facilities, in order to participate in MSPV. The commercial agreement will govern the terms and conditions of the PV and Authorized Supplier relationship and will not contradict the underlying terms and conditions established by this BPA or the underlying PV contracts. Failure to comply with the terms of this BPA, including provisions related to commercial agreements, will be considered cause for cancellation of the BPA.

2. If the Authorized Supplier is awarded a BPA prior to the award of the PV contracts, the Authorized Suppliers and PVs are required to form commercial agreements within 60-calendar days from the award of the PV contracts. If the Authorized Supplier is awarded a BPA after the award of the PV contracts, the supplies offered by the respective Authorized Supplier will be released on an updated MSPV Product List. An updated MSPV Product List will be released every 30-calendar days. PVs and Authorized Suppliers are required to form commercial agreements within 60-calendar days of the respective MSPV Product List release.

3. If Authorized Suppliers are awarded BPAs prior to the award of the PV contracts for MSPV, the government will notify Authorized Suppliers of the names of PVs as soon as possible to enable formation of commercial agreements.

4. Authorized Suppliers are responsible for establishing commercial agreements. Either PVs or Authorized Suppliers may initiate a commercial agreement. The terms and conditions outlined in the commercial agreement must be mutually agreed-upon by both parties. Once a commercial agreement is established between an Authorized Supplier and a PV, the Authorized Supplier will notify the VHA Office of Procurement via email to vhavamspvsupcontroff@va.gov and include the name of the Authorized Supplier and the PV. One email may contain details on multiple commercial agreements.

5. The commercial agreements prescribed in this section are solely between the PV and VHA Authorized Suppliers and do not involve the Government as a responsible party.

B. Pricing

1. Supply pricing established in BPAs between the Authorized Supplier and the government will be made available to PVs; PVs will use this exact price plus the distribution fees agreed upon between the PV and VA to invoice VA for PV distribution and supply management services.

2. The Authorized Supplier BPA-holder shall not charge the PV awardees more than the prices set forth in the BPA.

3. All quotes provided by the Authorized Supplier as part of the solicitation response shall remain valid for 180 calendar days after close of the solicitation.

4. The BPA unit of measure data field for each individual line item approved for inclusion in MSPV (case, box, each, vial, etc.) represents the shipper quantity that the BPA holder agrees to sell to any PV for the purpose of distribution to facilities. All BPA prices are Free on Board (FOB) Destination. Therefore, the BPA price shall include all attendant order processing, materiel handling, and transportation costs incurred by the BPA holder. BPA holders are not authorized to unilaterally assess added handling and freight charges against the servicing PV unless there is an emergency request, and the customer agrees to incur and pay separately the additional delivery charges.

C. BPA Modification

BPAs can be modified for OEM Changes, Vendor Changes, Price Changes, Supply Additions/Removals and Direct Replacements. All modifications will be based on Government needs and will be made on a quarterly basis. All modifications will be reflected on the MSPV Product List the month following the accepted and signed BPA Modification.

1. OEM/Vendor Change Request OEM/Vendor change requests include Part Number Changes, Descriptions, Unit of Measure, Unique Identifier (OEM only), (LINK FOR SPREADSHEET)

2. Price Change Request:

The Authorized Supplier or the Government can additionally initiate a price increase or reduction on supplies under this BPA to result in a modification.

a. BPA modifications for price will be made on a quarterly basis.

The Authorized Supplier may request changes to BPA pricing by contacting the respective CO for this BPA.

(LINK FOR SPREADSHEET)

3. Recalls/Discontinued Items with Replacement Request:

a. A BPA modification shall be made for any supply recall that applies to a supply on the MSPV Product List. Such instances may include, but are not limited to, a supply that is removed or recalled by the Authorized Supplier due to defects in the supply or potential dangers to patients, or if any required modification, removal or recall is suggested or mandated by a regulatory or official agency (e.g., FDA).

b. BPA modifications for recall or policy change will happen on an infrequent, as needed basis.

Any items discontinued for any reason and or recalled that have a Direct Replacement shall use the form at the link below and submitted by sending an email to VHAMSPVCorrection@va.gov and copy your CO.

(LINK FOR SPREADSHEET)

4. Addition/Removal Requests:

BPAs may also be modified to add or remove supplies from the MSPV Product List.

a. The Authorized Supplier or Government can request addition of new item(s) to an existing agreement; the Government’s decision whether to add any new items is final.

b. Substitutions are new supplies that shall be accepted without requiring a new solicitation if it is considered to be the best value to the Government.

c. Supply additions may be initiated by sending an email to VHAMSPVCorrection@va.gov. Once an item is approved/not approved by the technical team the CO will advise with modification or reason for denial.

d. If a supply is no longer available and needs to be removed and no direct replacement is available or suggested, the Government will remove it from the MSPV Product List through modification, send the request to VHAMSPVCorrection@va.gov and copy your CO for a modification.

(LINK FOR SPREADSHEET)

5. Supply Addition or Removal: BPAs may also be modified to add or remove supplies from the MSPV Product List.

a. The Authorized Supplier or Government can request addition of new item(s) to an existing agreement; the Government’s decision whether to add any new items is final.

b. Substitutions are new supplies that shall be accepted without requiring a new solicitation if it is considered to be the best value to the Government.

c. Supply additions may be initiated by sending an email to VHAMSPVCorrection@va.gov.

d. If a supply is no longer available, the Government will remove it from the MSPV Product List.

6. The VA will update the MSPV Product List to reflect changes after BPA modifications are complete.

7. All regulatory requirements applicable to the original BPA will apply to any change/modification.

8. The Authorized Supplier may request modifications by contacting the respective CO for this BPA or by sending an email to VHAMSPVCorrection@va.gov.

9. If any supply on a BPA established by this solicitation requires modification, is removed or recalled by the Authorized Supplier or manufacturer due to defects in the supply or potential dangers to patients, or if any required modification, removal or recall is suggested or mandated by a regulatory or official agency, the Authorized Supplier should notify the current Administering Contracting Officer and this email address: VHAMSPVCorrection@va.gov The notification shall include, but not be limited to the following:

a. Complete supply description and/or identification, recall numbers and the BPA line-item number assigned.

b. Reasons for modification(s), removal, or recall.

c. Necessary instructions for return for credit, replacement, or corrective action.

10. A copy of the modification notification described above shall additionally 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

11. The Authorized Suppliers shall additionally provide the information above to all PVs participating in MSPV.

D. Data Transmission

1. The Authorized Supplier must ensure that data transmission method and format to PVs are through any system that conforms to the X12 Electronic Data Interchange (EDI) v5010 formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI). The X12 EDI website http://www.x12.org) includes additional information on EDI 810 and 811 formats.

a. EDI is the computer-to-computer exchange of business documents in a standard electronic format between business partners. By moving from a paper-based exchange of business document to one that is electronic, VHA receives benefits such as reduced cost, increased processing speed, reduced errors, and improved relationships with business partners. Electronic format means an automated system transmitting information electronically according to accepted data transmissions using a system that conforms to the X12 EDI formats established by the ASC chartered by ANSI. For more information see the X12 EDI Web site (http://www.x12.org).

III. Work Requirements

A. Supply Requirements

1. The Authorized Supplier shall provide an uninterrupted supply and delivery of medical/surgical supplies to all PVs participating in MSPV at an enterprise/nationwide level (reference Appendix C: Veterans Integrated Services Networks (VISNs)).

2. Medical/surgical supplies are those that are involved in the diagnosis and treatment of disease and the maintenance of health (usually through nonsurgical means). They are characterized as one or more of the following:

a. Primarily and customarily used to serve a medical purpose

b. Generally, not useful to a person in the absence of illness or injury

c. Usually ordered and/or prescribed by a physician and/or a health care professional

d. Medical supplies utilized in conjunction with durable medical equipment are included if the supplies are necessary for the function of the equipment

3. Surgical supplies are those involved with the branch of medicine which generally treats disease or injury by operative intervention (physical means rather than drugs); i.e., operations requiring access to the inside of the body as well as manipulation from outside the body.

4. If the potential Authorized Supplier is not the OEM, the Authorized Supplier must provide an Authorized Distributor Letter from the OEM signed within the last 90 days. The Authorized Distributor Letter from the OEM shall include for each product(s) proposed authorizing the Offeror as a distributor for the proposed product(s). The letter must either state specific product(s) proposed or that the Offeror is an authorized distributor for all of the manufacturer’s products. This letter must be on the manufacturer’s letterhead and contain the signature of an authorized official for the manufacturer and cover the duration of the BPA. The Authorized Supplier shall maintain its Authorized Distributor status of all manufacturers and distributors of supplies throughout the life of this agreement as set-forth in the Authorized Distributor Letter referenced above. Failure to do so will result in cancellation of the BPA.

5. The Government reserves the right to request information from Authorized Suppliers related to supply descriptions, pricing, or other topics at any time and the Authorized Supplier is required to provide such information.

6. This language is not generated to inhibit the PV or facilities from ordering supplies already on any other designated Government contract instrument. VA’s Strategic Acquisition Center (SAC) and the VHA Office of Procurement will ensure that supplies are placed on appropriate catalogs/Product Lists from which facilities may order. It is, however, incumbent on the PV to honor the parameters of the contract scope of work. Where apparent conflicts arise, the CO will make the final determination as to whether a supply is or is not within scope. The PV must consult with the CO prior to shipping any supplies which do not clearly fall within the parameters of the above defined scope of work for PV.

7. The Government reserve the right to remove any supply from the MSPV Product List upon 30-calendar days’ notice, resulting in modification of the BPA.

8. Sterile vs non-sterile

B. Gray Market

1. The Authorized Supplier shall be an OEM authorized dealer, authorized distributor, or authorized reseller for the proposed equipment/system such that the OEM warranty and service are provided and maintained by the OEM. All warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions. The Authorized Supplier shall provide new supplies ONLY; no remanufactured or "gray market" supplies. All supplies must be covered by the manufacturer's warranty.

C. Trade Agreement Act Requirements (applicable to Large Business)

1. Supplies offered by the Authorized Supplier should be compliant with the Trade Agreements (TA) Certificate, found at 52.212-3. End-products offered shall be manufactured or substantially transformed either in the United States or in a designated country. The BPA holder at the supply level must certify as follows in accordance with the TA Certificate:

a. The Offeror certifies that each end product, except those specifically listed, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled “Trade Agreements.”

b. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

D. Delivery

1. The Authorized Supplier shall deliver supplies in accordance with “Normal”, Expedited, “Just-In-Time (JIT)”, drop shipment, and consignment delivery methods as outlined in commercial agreements between the PV and the Authorized Supplier.

2. All BPA holder deliveries shall be FOB Destination.

3. The Authorized Supplier shall deliver supplies to the PV in line with established commercial agreements.

E. Orders

1. No orders are placed against the BPA. The PV places orders based on their commercial agreements with BPA holders. The sole purpose of the BPA is to identify the products, prices, and sources.

F. Drop Shipments

1. The Authorized Supplier can provide supplies directly to facilities through drop shipments, rather than through PV distribution. Drop shipments are ordering facility-authorized shipments made on supplies that a manufacturer does not normally distribute through a PV but makes available for order and delivery directly to the facility. Authorized Suppliers shall identify if supplies are available only via drop shipment as part of the solicitation response.

2. Requirements for drop shipment supplies will be outlined in commercial agreements, including delivery time, order accuracy, fill rate, shelf life, and others.

3. Supplies delivered via drop shipment to facilities shall only be delivered to facilities with at least six months shelf life remaining upon delivery to the ordering facility. For those supplies which have an initial expiration date/shelf life of six months or less, at least 75% of the original shelf life shall remain at time of delivery to the ordering facility.

4. Facilities will place the order through the PV. The PV will then place the order with the Authorized Supplier within one hour and provide an Order Confirmation to the facility within one hour of order placement with the Authorized Supplier.

5. The PV is responsible for invoicing VA for drop shipments; it is not the responsibility of the Authorized Supplier.

6. Once shipped, the Authorized Supplier shall provide tracking information to the PV.

G. Terms and Conditions

1. No purchases are made against this BPA.

2. The agreement, including supplies, prices, and other terms and conditions, is public information and is releasable under the Freedom of Information Act (FOIA). Procurement related information shall be treated as confidential and shall not be disclosed except as required by applicable laws and regulations.

3. All Small Business Offerors shall be certified in the System for Award Management (SAM) (www.sam.gov) as a small business under North American Industry Classification System (NAICS) code 339113.

4. All Offerors who wish to qualify as an SD/VOSB and/or a VOSB must be certified by the VA Center for Verification and Evaluation (CVE). Additional information and the certification process can be found on https://www.va.gov/osdbu/verification/.

5. The Authorized Supplier shall provide written notice to the VHA CO mail group vhavamspvsupcontroff@va.gov of any changes related to the company or the supplies offered under its BPA. Changes include, but are not limited to, change in company information, including contract administrator, company name, address, and phone number.

H. Authorized Representatives

1. The primary CO for this Agreement is: Maureen C. Long

2. The Primary Contracting Officer's Representative (COR) for projects under this Agreement will be delegated by writing by the CO if needed at a later date.

Appendix A: Acronyms ANSI American National Standards Institute ASC Accredited Standards Center BPA Blanket Purchase Agreement CO Contracting Officer COR Contracting Officer's Representative CVE Center for Verification and Evaluation DAPA Distribution and Pricing Agreement DLA Defense Logistics Agency EDI Electronic Data Interchange FAR Federal Acquisition Regulation FDA Federal Drug Administration FOB Free on Board FOIA Freedom of Information Act GS1 Global Standard 1 GSA General Services Administration HIBCC Health Industry Business Communications Council HUB Historically Under-utilized Business IFF Industrial Funding Fee IPT Integrated Product Team ISBT International Society for Blood Transfusion JIT Just-In-Time MedPDB Medical Product Data Bank MSPV Medical Surgical Prime Vendor NAC National Acquisition Center NAICS North American Industry Classification System OEM Original Equipment Manufacturer OGA Other Government Agency POP Period of Performance PV Prime Vendor QSR Quarterly Sales Report RFQ Request for Quote SAC Strategic Acquisition Center SAM System for Award Management SD/VOSB Service-Disabled Veteran-Owned Small Business SOW Statement of Work TAA Trade Agreement Act VA U.S. Department of Veterans Affairs VHA Veterans Health Administration VISN Veterans Integrated Services Network VOSB Veteran-Owned Small Business

Appendix B: Product Categories

· APPAREL/TEXTILES/GLOVES

· CENTRAL SUPPLY STERILIZATION SOLUTIONS & SUPPLIES

· DENTAL EQUIPMENT & DENTAL SUPPLIES

· DIALYSIS

· EAR/NECK/THROAT & AUDIOLOGY

· EMERGENCY MEDICAL SERVICES SUPPLIES AND EQUIPMENT

· ENDOSCOPY SUITE

· ENVIRONMENTAL SERVICES

· IMPLANTS

· IV & IRRIGATION SUPPLIES

· LABORATORY

· MEDICAL DOCUMENTATION

· MEDICAL IMAGING RADIOTHERAPY NUCLEAR MEDICINE & CATH LAB

· OCCUPATIONAL THERAPY/REHABILITATION/AIDS FOR DAILY LIVING

· OPERATING ROOM

· OPTOMETRY

· ORTHOPEDICS/PROSTHETICS & SPORTS MEDICINE

· PATIENT EXAM ROOM INSTRUMENTS AND SUPPLIES

· PATIENT MOBILITY/TRANSPORTATION/TRANSFER EQUIPMENT & AIDS

· PHYSICAL THERAPY

· PHYSIOLOGICAL & PSYCHOLOGICAL TESTING & MONITORING

· PODIATRY

· RESPIRATORY THERAPY & ANESTHESIA

· SAFETY DEVICES & SUPPLIES

· SYRINGES & NEEDLES

· UROLOGY SUPPLIES

· WOUND CARE PRODUCTS

Appendix C: Veterans Integrated Services Networks (VISNs)

VISN 1 VA New England Healthcare System VISN 2 New York/New Jersey VA Health Care Network VISN 4 VA Healthcare VISN 5 VA Capitol Health Care Network VISN 6 VA Mid-Atlantic Health Care Network VISN 7 VA Southeast Network VISN 8 VA Sunshine Healthcare Network VISN 9 VA MidSouth Healthcare Network VISN 10 VA Healthcare System VISN 12 VA Great Lakes Health Care System VISN 15 VA Heartland Network VISN 16 South Central VA Health Care Network VISN 17 VA Heart of Texas Health Care Network VISN 19 Rocky Mountain Network VISN 20 Northwest Network VISN 21 Sierra Pacific Network VISN 22 Desert Pacific Healthcare Network VISN 23 VA Midwest Health Care Network

Visit https://www.va.gov/directory/guide/division.asp?dnum=1 36C24123Q0051

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SECTION C - CONTRACT CLAUSES

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

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

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

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

(End of Clause)

C.2 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.] [] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[X] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[X] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[] 852.233–70, Protest Content/Alternative Dispute Resolution.

[] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[X] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[X] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause)

C.3 VAAR 852.212-72 GRAY MARKET AND COUNTERFEIT ITEMS (MAR 2020)

(a) No used, refurbished, or remanufactured supplies or equipment/parts shall be provided. This procurement is for new Original Equipment Manufacturer (OEM) items only. No gray market items shall be provided. Gray market items are OEM goods intentionally or unintentionally sold outside an authorized sales territory or sold by non-authorized dealers in an authorized sales territory.

(b) No counterfeit supplies or equipment/parts shall be provided. Counterfeit items include unlawful or unauthorized reproductions, substitutions, or alterations that have been mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified item from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitutions include used items represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics.

(c) Vendor shall be an OEM, authorized dealer, authorized distributor or authorized reseller for the proposed equipment/system, verified by an authorization letter or other documents from the OEM. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions.

(End of Clause) C.4 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644) 52.219–27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C. 657f) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (SEP 2021) (15 U.S.C. 637(m)) 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 (SEP 2021) (15 U.S.C. 637(m))

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause) C.5 VAAR 852.219-78 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (SEP 2021) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(k)(2), the offeror certifies that—

(1) If awarded a contract (see F(a)FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows: [Offeror check the appropriate box]

(i) [ ] In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(ii) [ ] In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) is granted. The offeror understands that, as provided in 13 CFR 121.406(b)(7), such a waiver has no effect on requirements external to the Small Business Act, such as the Buy American Act or the Trade Agreements Act.

(2) Manufacturer or nonmanufacturer representation and certification. [Offeror fill-in—check each applicable box below. The offeror must select the applicable provision below, identifying itself as either a manufacturer or nonmanufacturer]:

(i) [ ] Manufacturer or producer. The offeror certifies that it is the manufacturer or producer of the end item being procured, and the end item is manufactured or produced in the United States, in accordance with paragraph (a)(1)(i).

(ii) [ ] Nonmanufacturer. The offeror certifies that it qualifies as a nonmanufacturer in accordance with the requirements of 13 CFR 121.406(b) and paragraph (a)(1)(ii). The offeror further certifies it meets each element below as required to qualify as a nonmanufacturer. [Offeror fill-in—check each box below.] [ ] The offeror certifies that it does not exceed 500 employees (or 150 employees for the Information Technology Value Added Reseller exception to NAICS code 541519, which is found at 13 CFR 121.201, footnote 18).

[ ] The offeror certifies that it is primarily engaged in the retail or wholesale trade and normally sells the type of item being supplied.

[ ] The offeror certifies that it will take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice.

(iii) [ ] The offeror certifies that it will supply the end item of a small business manufacturer, processor, or producer made in the United States, unless a waiver as provided in 13 CFR 121.406(b)(5) has been issued by SBA. [Contracting Officer fill-in or removal (see 13 CFR 121.1205). This requirement must be included for a single end item. However, if SBA has issued an applicable waiver of the nonmanufacturer rule for the end item, this requirement must be removed in the final solicitation or contract.] or [Contracting Officer tailor clause to remove one or other block under subparagraph (iii).] [ ] If this is a multiple item acquisition, the offeror certifies that at least 50% of the estimated contract value is composed of items that are manufactured by small business concerns. [Contracting Officer fill-in or removal. See 13 CFR 121.406(d) for multiple end items. If SBA has issued an applicable nonmanufacturer rule waiver, this requirement must be removed in the final solicitation or contract.]

(3) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(4) If VA determines that an SDVOSB/VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and

(iii) Prosecution for violating section 1001 of title 18.

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract or to determine whether the offeror qualifies as a manufacturer or nonmanufacturer in compliance with the limitations on subcontracting requirement. Contracting Officer may, at their discretion, require the Contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the Contracting Officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed, and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification:

I hereby certify that if awarded the contract, [insert name of offeror] qualifies as a manufacturer or nonmanufacturer as stated herein and that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting requirement specified in the resultant contract, unless a waiver as described in 13 CFR 121.406(b)(5) is granted. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].

Printed Name of Signee:________________________________________ Printed Title of Signee:_________________________________________ Signature:___________________________________________________ Date:_____________________ Company Name and Address: ________________________________________ (End of Clause)

C.6 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract. Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of Clause) (End of Addendum to 52.212-4)

C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) (JUL 2020) (DEVIATION)

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

(6) 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:

[] (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. 2402).

[] (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.)

[] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved] [] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016)…