36C24123Q0157.docx

36C24123Q0157

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

36C24123Q0157 12-22-2022 Jennifer Fiore 603-624-4366x5831 01-05-2023 4:30pm

EST

Department of Veterans Affairs Network Contracting Office 1 718 Smyth Road Manchester

NH

03104 X X 621512 $16.5 Million N/A X Department of Veterans Affairs VABHS - West Roxbury Campus 1400 VFW Parkway West Roxbury

MA

02132 Department of Veterans Affairs Network Contracting Office 1 718 Smyth Road Manchester

NH

03104

Department of Veterans Affairs Financial Services Center Invoices to be Submitted Electronically in accordance with VAAR 852.232-72 https://www.fsc.va.gov/einvoice.asp

See CONTINUATION Page Contractor shall provide:

1. Delivery for all items listed in pricing schedule

2. Delivery FOB: Destination

3. Delivery will be to the VABHS West Roxbury Campus, 1400 VFW Parkway, West Roxbury, MA 02132

4. Any questions pertaining to this solicitation should be asked no later than EOB on 12/28/2022.

See CONTINUATION Page X Jennifer Fiore Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C241

Network Contracting Office 1

718 Smyth Road Manchester NH 03104

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.

https://www.fsc.va.gov/einvoice.asp

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

Page 1 of Page 1 of

STATEMENT OF WORK/SPECIFICATIONS FOR

BRAND NAME ONLY SEIMENS MOBILE MR UNIT

1.0 OVERVIEW SERVICES:

VA Boston Healthcare System requires the lease of mobile Seimens Aera Magnetic Resonance Imaging (MRI) unit. Contractor is to provide all expertise, trained personnel, equipment and supplies as necessary to deliver and install this unit at the West Roxbury campus of the VA Boston Healthcare System (VABHS).

Contractor shall provide a Seimens Aera MRI system and associated equipment (hereinafter referred to as a mobile unit). Above shall include a 1.5T MR mobile scanner, which shall be delivered F.O.B. Destination to the West Roxbury campus, VABHS – 1400 VFW Parkway West Roxbury, MA 02132. Contractor will be provided a minimum seventy-two (72) hours notice when the mobile unit is no longer required. This agreement shall include all labor, material, tools, maintenance/repairs, equipment, hookup, delivery, and the complete removal of the mobile unit upon conclusion of the contract period. Mobile unit will be delivered and removed on a date and time mutually agreed upon between the COR and the Contractor.

It is also agreed upon and understood that only qualified/trained VA technologists will be allowed to perform scans on the Contractor furnished equipment. VA may need to perform MRI scans at anytime therefore, the Mobile unit will be available and the VA will have access on site 24 hours a day, 7 days a week (24/7) for the agreed upon period. Contractor shall be responsible to maintain all of the equipment in good working order at all times.

1.1 TERM OF CONTRACT: The contract is effective after award from the date specified for a 6 month period with an option to renew for additional 3 month periods. The contract is subject to the availability of VA funds. No service shall be performed by the Contractor after dates indicated, unless authorized by the Contracting Officer in writing.

1.2 TRAINING: Government or government contract personnel shall provide all patient services. Contractor is required to provide all necessary training for full operation of the Mobile MR unit if necessary. Contractor shall make the necessary arrangements with the Contracting Officer Representative (COR) to schedule training sessions. Training sessions are excluded from being performed on weekends and federal holidays.

1.3 USE OF EQUIPMENT: It is agreed upon and understood that a qualified VABHS MR technologist(s) (who has completed and received the proper training on the use of the equipment) will be authorized to use the Contractor’s furnished equipment 24/7 to perform a variety of MR exams. This includes VABHS employees and contract staff.

1.4 AUTHORITY: This procurement is being conducted under Federal Acquisition Regulation (FAR) combination of Part 12, Acquisition of Commercial Items. The resultant contract is non-exclusive and shall not prohibit VA or Contractor from entering into agreement(s) with other health care providers or purchasers of health care services.

1.5 PURPOSE: The intent of the services is to provide interim services to improve patient access for MRI. It will also be used while the current MR scanner is being upgraded at the Jamaica Plain campus of VABHS. Contractor’s equipment shall be state-of-the art in order to achieve high quality scans for VA patient diagnosis.

1.6 CONTRACTOR’S FURNISHED EQUIPMENT: Equipment shall include but not be limited to a fully equipped 1.5T Magnetic Resonance scanner where studies will be performed on the contractor’s furnished equipment. Contractor shall submit an equipment specification list of all equipment, including the MR Mobile Unit with his/her signed quotes as further detailed in Paragraph 1.7. Include name of manufacturer, model number, manufacturer’s brochures, cut sheets, equipment specifications, and all pertinent data. All equipment to be used will be FDA approved imaging equipment placed at a location designated by the COR on site at the West Roxbury campus. The entire offering of a MR Mobile service shall meet all local, state, federal, industry, JC, NEC, NFPA, VA, OSHA, and other regulatory standards internal or external that the VABHS is currently accountable for.

In addition, the MR Mobile unit must meet the following specifications:

· Max width of mobile: 16 feet

· Max length of mobile: 50 feet

· Mobile must be compatible with the following main electrical power specifications: 480V 200A 3 phase 4 pole 5 wire service in place with a Russelstoll outlet consisting of 4 #3/0 & 1 #6g

· MRI computer must run on an Original Equipment Manufacturer-supported operating system

1.7 SYSTEM CAPABILITY REQUIREMENTS: The Contractor shall provide a Magnetic Resonance scanner which will allow the VA personnel/staff to perform a wide range of exams as listed below as follows:

1. Diagnostic MR imaging, including MRI and MRA

2. MR scans including, but not limited to, all Body, MSK and Neuro MR Procedures.

3. Include, but not limited to: MR Spectroscopy capable, MR Perfusion capable, Enhanced and non- contrast MRA capable including non-contrast (MRA “Native” including extremities).

4. System will have Cardiac capability/licenses. Advanced Cardiac. Cardiac dot engine. Argus Flow.

5. System will have Body imaging capability/licenses. In line composing. HISTO. Liver segmentation. QISS. Native Renals.

5. System will have Neuro imaging capabilities/licenses. BLADE. WARP. TWIST (for MRA spines). Must also include Resolve and SWI sequences.

6. System must be capable of 3D T1 and T2 imaging

7. Syngo via post processing system included for cardiac imaging

8. MRI operating system will be at version D or E in order to export protocols.

9. Protocols will be exportable

10. System must include cardiac monitoring capabilities including respiratory gating which included chest EKG leads.

11. System must have liver lab software

1.8 SYTEM NETWORKING INTERFACES: to be provided at no additional cost to VABHS.

Scanner and all associated equipment - Both hardware and software, which shall have ability to send DICOM images to VABHS PACS:

· System must be able to send to multiple DICOM destinations

· Must act as an SCP for third party workstations to pull DICOM

· The mobile unit shall be equipped with an Optical disk archival system however VA will be responsible for MOD. Notwithstanding, the patient data and optical disk is the property of the VABHS.

· The mobile unit shall be equipped with CD-R burning capabilities as a backup, these backups must be in DICOM format.

· Must be compatible with DICOM Modality Worklist C-Find (MWL) to query exams

1.9 ACCESSORY EQUIPMENT: Accessory equipment that shall be provided by the Contractor:

· Handicap accessibility - via ramp or lift

· Intercom system between the control room and scanning room

· Medical gas outlets (1 outlet each of air oxygen and suction) in the MRI room close to the head of the table

· Supply tanks/compressor for the source of the gases/suction shall be supplied with the mobile

· Changing area for patients within mobile unit (if available)

· MR safe Medrad Spectris Solaris EP Wireless Injector or similar injector which is compatible to the MR system provided

1.10 EQUIPMENT SPECIFICATIONS: The following minimum performance characteristics of the equipment are required: A 1.5T model Siemens MRI would be the preferred for this mobile space in order to ensure ease of use, the use and to prevent additional training for the clinical users. A GE 1.5T would be our next preferred option. If the unit varies from our current model, additional onsite training will be required by the contracted vendor for all clinical users. Despite whether the unit varies from our current model a Medrad Spetris Solaris EP Wireless Injector, or a similar and compatible model is necessary. Additionally, all coils must be included. In this instance, the coils to be included are:

· 20 CH Head coil

· 2X 18 CH body matrix coil

· 4 CH large flex coil

· Transmit/receive coil

· TxRx Head QED coil

· Neck Coil (Including anterior neck)

· Spine coil

· Cardiac & Abdomen coil (Torso Coil)

· 16 CH Lower Leg Array Coil

· 16 CH Leg Array coil

· Extremity coil

· 16 CH Foot coil

· 36 CH Peripheral Vascular coil

· 16 CH Wrist Coil

· Vascular Array Coil

· 16 CH large/small Shoulder coil

· 15 CH Knee coil

· Elbow coil

· Neurovascular coil

· 16 CH Hand coil

· 16 CH Ankle coil Additionally, the unit must include, but not be limited to, the following specifications:

· Magnet Strength: 1.5 T Magnet

· Bore Type: Closed Bore

· FOV: 48x48x48

· Bore Diameter: >59cm

· Table Weight: >349 lbs

· RF Channels: At minimum 4 or 8 standard

· Detachable Table (option)

· Slew Rate: >49 T/m/s

· Spectroscopy software and processing capable

· MR perfusion software and processing capable

Connectivity to PACS is required as well as all capabilities in Section 1.8 in the above document.

Equipment provided shall also include the following:

· DICOM [connectivity / functionality between VABHS CareStream PACS]

· Optical disk archival system

Contractor will be required to make whatever adaptations are necessary so that the Contractor’s equipment is compatible with the VA furnished services defined herein.

· The Mobile MR shall provide images with consistently high technical diagnostic quality which meet the standard of care.

· The Mobile MR unit shall be ready for use regardless of outside environmental conditions.

· The Mobile MR unit shall maintain a temperature to assure proper operation of the scanner without frequent calibration and provide for patient comfort.

· Meet all federal, state and local fire and safety requirements.

· Telecommunications: The mobile unit shall be equipped with an outlet connection capable of transmitting data and voice through a Government provided network cable. The Government will provide the connection required for the transmission of images, data and voice. (PACS interface contact person shall be provided to the successful Contractor during the post-award orientation).

1.11 ADDITIONAL REQUIREMENTS/MOBILE MR UNIT: Contractor shall provide a Mobile MR Unit that meets the following physical requirements:

· Has been approved by the FDA and meets or exceeds minimal standards for the type of equipment being provided as defined herein.

· The Contractor’s Mobile MR shall provide the space sufficient for the monitoring of sedated patients and conducting CPR and code if needed.

1.12 ACCESS FROM BUILDING TO MOBILE UNIT: Contractor shall deliver unit to Building 3 of the West Roxbury address.

· VA Engineering will provide details and specification for the delivery post award

1.13 VA PROVIDED UTILITIES/SERVICES: VABHS SHALL PROVIDE THE FOLLOWING UTILITIES/SERVICES (IF NECESSARY) FOR OPERATION OF THE MRI MOBILE UNIT:

· Maintenance of the site which meets the requirements for the system.

· Housekeeping – during use of the mobile unit.

· Provision of electricity utilities, telephone service and network (HVAC, water and steam will NOT be provided).

· Provision of a Radiologist to oversee procedures, to protocol studies.

· VA Staff to respond medical emergencies.

· VA will be responsible for scheduling of patients to maximize patient throughput and will provide clerical support for scheduling, patient registration and other administrative responsibilities related to the MR Schedule.

· Provision of medical staff when required for procedures.

· Transportation of patients to/from their medical ward or escort of patients from the waiting area to the mobile MR.

· Provision of medical supplies necessary to perform the procedure.

· Provision of standard protocols for MR technical staff and availability of radiologist to confer with regarding non-standard protocols.

· VA physicians will obtain any written consent that may be required in accordance with VA regulations.

· Canopy, walkway and covering for the safe transportation of patients to and from the hospital to the mobile unit

· Stable pad for MR to be placed on

1.14 EQUIPMENT MAINTENANCE/REPAIRS: Equipment provided shall be in good working order at all times in order to provide high quality scans required under this solicitation and any resulting contract. Contractor shall be completely responsible for the preventive maintenance, emergency and general repairs, replacement of any defective parts/components, safety, cleaning, and upkeep of all equipment furnished by the Contractor. Preventative maintenance/repairs on the MR mobile unit and all associated equipment shall be performed in accordance with the Conformance Standards and manufacturer’s recommendations.

If the equipment should fail during normal working hours, emergency repairs will be performed on-site by qualified service engineers within a four hour response time in order to reduce equipment downtime. Contract price shall be reduced by a reasonable amount in the event that the contractor is unable to meet the response times stated herein or as mutually agreed upon with the COR based upon patient scheduling. Notwithstanding, if it is determined that the equipment cannot be repaired on site within an agreed upon period of time, the contractor agrees to replace the Mobile Unit within forty-eight (48) hours of equipment failure. Contract price will be adjusted for any days in which the equipment cannot be used.

VA shall be responsible for the overall housekeeping of the unit including but not limited to removal and proper disposal of all debris on a daily basis or as often as necessary to maintain a sanitized and neat environment in accordance with the Conformance Standards.

1.15 PARTS: The Contractor shall furnish and replace parts to meet times specified in this agreement. The Contractor has ready access to all parts, including unique and/or high mortality replacement parts. All parts supplied shall be compatible with existing equipment. The contract shall include all parts required. The Contractor shall use new or rebuilt parts. All parts shall be of current manufacture and have complete versatility with the presently installed equipment. All parts shall perform identically to the original equipment specifications. Rebuilt parts, used parts or those removed from another piece of equipment shall not be installed without specific approval by the CO or the COR.

Contractor’s equipment must be compatible with the VA existing equipment and/or systems in order to provide an interface between the Mobile MR Unit and the Contractor’s equipment and the VA firewall. VA personnel will be assigned to the successful Contractor during the post award orientation to establish network connectivity from the trailer through the VABHS firewall.

MR Mobile Unit Driver shall be licensed as applicable to operate and drive the mobile vehicle in which the unit is housed. Contractor is responsible for delivery and set up of unit on site.

1.16 RECORDS AND CONFIDENTIALITY

Records created by the Contractor in the course of treating VA patients under this agreement are the property of the VA and shall not be accessed, released, transferred or destroyed except in accordance with applicable federal laws and regulations. Whenever possible, records and reports will be made available in digital form.

The Clinical Engineering department staff at the VA Boston Healthcare System shall be provided with the system hard drive containing the patient data prior to the MRI leaving the VA Boston Healthcare System premises.

The treatment and administrative records created by, or provided to, the Contractor under this agreement are covered by the VA system of records entitled “Patient Medical records- VA (24VA136). In responding to VA Patient requests that copies of their patient records be released to a third party, the Contractor shall refer the VA patient/family to the Release of Information Act (ROI), located within the VA Business office for response.

1.17 TORT CLAIMS

The Federal Tort Claims Act does not cover the Contractor and/or its employees. When the group or its employees has been identified as a provider in a tort claim, the Group or Group Employee is responsible for notifying their own legal counsel and/or insurance carrier. Any subsequent settlement or judgment arising from a group or Group employee’s act or omission under this agreement is the responsibility of the Group, Group employee and/or insurance carrier unless such act or omission was at the direction of the VA clinical staff member or other VA employee.

1.18 QUALITY CONTROL

All studies shall conform to VA protocol established by VA Radiologists prior to any examination being performed. Studies will be performed according to VA BHS protocols. VA estimates 15 MR exams to be completed daily.

1.19 INVOICES

As full and complete compensation for all services provided by the Contractor to VA patients under this agreement, the VA agrees to make payment on a timely basis for services rendered, upon receipt of properly prepared invoices submitted by the Contractor as outlined. VA agrees to pay the rates specified by this agreement and any rate otherwise agreed upon through modification of this agreement. Rates are inclusive of all mediations, medical supplies, technical fees, facility fees, and interpretative charges for the term of this agreement.

Payment shall be made by electronic transfer of funds. All payments will be made monthly in arrears, after receipt of a properly executed invoice. Contractor shall submit an itemized monthly statement. All invoices shall contain the following information:

a. Contract Number

b. Obligation Number

c. Type of service provided (by line item as shown in the schedule of supplies/services)

d. Quantity of each line item

e. Cost per type of service provided

f. Date service provided

Invoices shall be mailed to:

Payment from the VA for services provided under this agreement shall be considered payment in full. The Contractor, unless specifically authorized by the VA, shall not pursue any further collection activities from any other source. The Contractor shall not bill other third party insurance sources (including Medicare) for services rendered to VA patient under this contract.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Base period mobile siemens Aera 1.5T, 70cm bore MRI

Transportation and Setup

Hard Drive Replacement

Applications Training

Option Period 1 - Three (3) additional months for the mobile siemens Aera 1.5T, 70cm bore MRI Contract Period: Option 1 POP Begin:

POP End:

B.3 DELIVERY SCHEDULE

West Roxbury Campus 1400 VFW Parkway West Roxbury, MA 02132

USA

6.00

West Roxbury Campus 1400 VFW Parkway West Roxbury, MA 02132

1.00

West Roxbury Campus 1400 VFW Parkway West Roxbury, MA 02132

1.00

West Roxbury Campus 1400 VFW Parkway West Roxbury, MA 02132

3.00

West Roxbury Campus 1400 VFW Parkway West Roxbury, MA 02132

3.00

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):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

C.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 1 Year.

(End of Clause)

852.219-73 VA Notice of Total Set-Aside for Verified Service-Disabled Veteran-Owned Small Businesses.

As prescribed in 819.7011, insert the following clause:

VA Notice Of Total set-Aside For Verified Service-Disabled Veteran-Owned Small Businesses (NOV 2022)

(a) Definition. for the Department of Veterans Affairs, “Service-disabled Veteran-owned small business concern or SDVOSB”:

(1) Means a small business concern -

(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.201, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been verified for ownership and control pursuant to 38 CFR part 74 and is listed in VA's Vendor Information Pages (VIP) database at https://www.vetbiz.va.gov/vip/; and

(v) The business will comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size and government contracting programs at 13 CFR parts 121 and 125, provided that any reference therein to a service-disabled veteran-owned small business concern or SDVO SBC, is to be construed to apply to a VA verified and VIP-listed SDVOSB, unless otherwise stated in this clause.

(2) The term “Service-disabled Veteran” means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(3) The term “small business concern” has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term “small business concern owned and controlled by Veterans with service-connected disabilities” has the meaning given the term “small business concern owned and controlled by service-disabled veterans” under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)), except that for a VA contract the firm must be listed in the VIP database (see paragraph (a)(1)(iv) of this clause).

(b) General.

(1) Offers are solicited only from VIP-listed SDVOSBs. Offers received from entities that are not VIP-listed SDVOSBs at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a VIP-listed SDVOSB who is eligible at the time of submission of offer(s) and at the time of award.

(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only VIP-listed SDVOSBs are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible SDVOSB as defined in this clause, 38 CFR part 74, and VAAR subpart 819.70.

(d) Agreement. When awarded a contract action, including orders under multiple-award contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting requirements in 13 CFR 121.406(b) and 13 CFR 125.6. Unless otherwise stated in this clause, a requirement in 13 CFR parts 121 and 125 that applies to an SDVO SBC, is to be construed to also apply to a VIP-listed SDVOSB. For the purpose of limitations on subcontracting, only VIP-listed SDVOSBs (including independent contractors) shall be considered eligible and/or “similarly situated” (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required certification requirements in this solicitation (see 852.219-75 or 852.219-76 as applicable). These requirements are summarized as follows:

(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not VIP-listed SDVOSBs (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases). When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract

(2) Supplies/products.

(i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not VIP-listed SDVOSBs. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(ii) In the case of a contract for supplies from a non-manufacturer, the SDVOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted. Refer to 13 CRF 125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.

(3) General construction. In the case of a contract for general construction, the SDVOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not VIP-listed SDVOSBs.

(4) Special trade construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, may be paid to firms that are not VIP-listed SDVOSBs.

(5) Subcontracting. An SDVOSB must meet the NAICS size standard assigned by the prime contractor and be listed in VIP to count as similarly situated. Any work that a first tier VIP-listed SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13 CFR 125.6.

(e) Required limitations on subcontracting compliance measurement period. An SDVOSB shall comply with the limitations on subcontracting as follows:

[Contracting Officer check as appropriate.] __By the end of the base term of the contract or order, and then by the end of each subsequent option period; or __By the end of the performance period for each order issued under the contract.

(f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture is listed in VIP and complies with the requirements in 13 CFR 125.18(b), provided that any requirement therein that applies to an SDVO SBC is to be construed to apply to a VIP-listed SDVOSB. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

(g) Precedence. The VA Veterans First Contracting Program, as defined in VAAR 802.101, subpart 819.70, and this clause, takes precedence over any inconsistencies between the requirements of the SBA Program for SDVO SBCs, and the VA Veterans First Contracting Program.

(h) Misrepresentation. Pursuant to 38 U.S.C. 8127(g), any business concern, including all its principals, that is determined by VA to have willfully and intentionally misrepresented a company's SDVOSB status is subject to debarment from contracting with the Department for a period of not less than five years (see VAAR 809.406-2 Causes for Debarment).

(End of clause)

852.219-75 VA Notice of Limitations on Subcontracting - Certificate of Compliance for Services and Construction.

As prescribed in 819.7011(b), insert the following clause:

VA Notice of Limitations on Subcontracting - Certificate of Compliance for Services and Construction (NOV 2022)

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

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows: [Contracting Officer check the appropriate box below based on the predominant NAICS code assigned to the instant acquisition as set forth in FAR 19.102.]

(i) □ Services. In the case of a contract for services (except construction), the contractor 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 852.219-73 or VOSBs as set forth in 852.219-74. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.

(ii) □ General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-73or VOSBs as set forth in 852.219-74. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(iii) □ Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-73 or VOSBs as set forth in 852.219-74. Any work that a similarly situated subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(2) 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.

(3) 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. Contracting officers 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 with the limitations on subcontracting requirement. 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] will comply with the limitations on subcontracting specified in this clause and in the resultant contract. 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.3 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)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

See attached document: SSJ.

Page 1 of

Page 1 of

SECTION E - SOLICITATION PROVISIONS

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Provisions 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 provisions are incorporated into 52.212-1 as an addendum to this solicitation:

E.1 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Technical Capability Price Past Performance

Technical and past performance, when combined, are equal to price..

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

E.2 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.

(End of Provision)

E.3 52.233-2 SERVICE OF PROTEST (SEP 2006)

Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Hand-Carried Address:

VAMC Manchester

718 Smyth Road Manchester NH 03104 Mailing Address:

Department of Veterans Affairs VAMC Manchester

718 Smyth Road Manchester NH 03104

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

E.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Provision)

E.5 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.

[X] 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.

[] 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.

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

[X] 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) (End of Addendum to 52.212-1)

E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2022) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision— Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR 127, and the concern is identified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation…