MSPV Quarterly Solicitation SOW - Provisions and Clauses.pdf

DRAFT

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 ADMINISTRATIVE DATA

B.2 STATEMENT OF WORK

Section I. Background

A. Background B. Scope C. Federal Acquisition Regulation (FAR) Requirements under FAR 13.303-3 D. Type of Contract

Section II. MSPV Business Processes

A. Commercial Agreements B. Pricing C. BPA Modification D. Data Transmission

Section III. Work Requirements

A. Supply Requirements B. Gray Market C. Trade Agreement Act Requirements (applicable to all suppliers) D. Make PPE in America Restrictions on Foreign Acquisition E. Delivery F. Orders G. Drop Shipments H. Terms and Conditions I. Authorized Representatives

Appendix A: Acronyms

Appendix B: Product Categories

Appendix C: Veterans Integrated Services Networks (VISNs)

SECTION C - CONTRACT CLAUSES

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

C.2 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

C.3 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.4 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023)

C.5 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

C.6 VAAR 852.219-74 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

C.7 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (JAN 2023)

(DEVIATION)

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

2018)

C.9 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.10 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

LOCAL CLAUSE – MADE IN AMERICA – PERSONAL PROTECTIVE EQUIPMENT

(PPE)

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (OCT 2021) (Tailored) E.2 52.212-2 EVALUATION – COMMERCIAL ITEMS (NOV 2021) (Tailored)

E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

LOCAL PROVISION – MADE IN AMERICA CERTIFICATE – PERSONAL

PROTECTIVE EQUIPMENT (PPE)

E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 ADMINISTRATIVE DATA

1. Contract Administration: All contract administration matters will be handled by the following individual(s):

a. CONTRACTOR

Point of Contact:

Phone:

Email:

b. GOVERNMENT

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

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

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

[X] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly [ ]

b. Semi-Annually [ ]

c. Other [X] See B.2, Section I(C)(5) for MSPV Invoices

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.

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

AMENDMENT NO. DATE

B.2 STATEMENT OF WORK

Section 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).

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.A4. Supply Requirements for specific requirements pertaining to the Authorized Distributor Letters.

3. This procurement may establish new BPAs and/or modifications to existing 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 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 BPAs. The 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 and/or modify existing 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 from the list of items on the attached quote sheet. 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.

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 https://www.va.gov/opal/sac/mspvng.asp https://www.va.gov/opal/sac/mspvng.asp 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. New BPAs awarded as a result of this solicitation may be modified as additional supplies move through the evaluation process. BPAs will be administered by the VHA Office of Procurement and its assigned Contracting Officer.

6. New items awarded to an existing BPA will be added via modification by the CO who administers that BPA.

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 awarded under this Statement of Work (SOW) will have a total Period of Performance

(POP) not to exceed 60 months.

2. A BPA or modification to an existing BPA does not obligate the Government to purchase any products awarded to any supplier(s) nor does it obligate 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.

https://abilityone.gov/procurement_list/index.html

Section 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 respective Contracting Officer 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 Information Change Request

OEM information change requests include OEM Name, OEM DUNS Number, and OEM Part Number. To make a changes request related to product OEM information, please contact the assigned VHA Procurement Contracting Officer for your BPA. The CO will provide the correct form for these changes. Please do not provide discontinued item replacements using this request form. Contact your Contracting Officer directly should you have products requiring direct replacement.

2. BPA Supplier Information Change Request

BPA Supplier Information change requests include Supplier Part Numbers, Item Descriptions, Units of Measure and Supplier Pricing. The Authorized Supplier may request supplier information changes by contacting the respective Contracting Officer for their BPA.

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 be initiated by contacting the Contracting Officer who administers your BPA.

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 the

MSPV Product List. The Government’s decision whether to add any new items is final.

b. Supply additions may be initiated by completing the form found at the link below and see the paragraph titled “MSPV Inclusion Threshold.” Please read the current requirements for adding a new item. If an item is determined to potentially be eligible for the program it will be included in the next or future quarterly solicitation. If the item is awarded to an existing BPA holder their BPA will be modified to add the new item. If the item is awarded to a supplier not currently awarded a BPA, then a BPA will be created and awarded. www.va.gov/opal/sac/mspv.asp

c. If a supply is no longer available and no direct replacement is available or suggested, the Government will remove it from the MSPV Product List through modification. Please coordinate removal by contacting your respective Contracting Officer.

5. The VA will update the MSPV Product List to reflect changes after BPA modifications are complete. BPA modifications must be completed by the end of the month to be posted on the MSPV Product List on the 15th of the following month.

6. All regulatory requirements applicable to the original BPA will apply to any revision approved and awarded by modification.

7. The Authorized Supplier may request modifications by contacting the respective Contracting Officer of their BPA.

8. 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. 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.

9. 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

10. The Authorized Suppliers shall additionally provide the information above to all Prime

Vendors (PV) 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 http://www.va.gov/opal/sac/mspv.asp http://www.x12.org/ 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).

Section 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.

http://www.x12.org/

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.

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 all suppliers)

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. Make PPE in America Restrictions on Foreign Acquisition

This section contains restrictions on the acquisition of certain personal protective equipment imposed by the Make PPE in America Act (Pub. L. 117-58) on contracts, exercising of an option, and orders.

Definitions.

(a) “Component” means an article, material, or supply incorporated directly into an item of personal protective equipment.

(b) “Domestic personal protective equipment” means personal protective equipment, including the materials and components thereof, that is grown, reprocessed, reused, or produced in the United States.

(c) “Foreign-made domestic personal protective equipment” personal protective equipment that is assembled outside the United States containing only materials and components that are grown, reprocessed, reused, or produced in the United States.

(d) “Foreign personal protective equipment” means personal protective equipment other than domestic personal protective equipment or foreign-made domestic personal protective equipment.

(e) “Personal protective equipment” means surgical masks, respirator masks and powered air purifying respirators and required filters, face shields and protective eyewear, gloves, disposable and reusable surgical and isolation gowns, head and foot coverings, and other gear or clothing used to protect an individual from the transmission of disease.

(f) “United States” means the 50 States, the District of Columbia, and the possessions of the United States. .

Restrictions

The following restrictions implement section 70953 of the Make PPE in America Act, and they apply to all types of actions, orders, option exercises, and contracts.

(a) Contracting officers shall purchase domestic personal protective equipment.

(b) Any contract for personal protective equipment shall have a base period of performance of at least 2 years, plus all option periods.

Exceptions

(a) Acquisitions of an item of personal protective equipment, or component thereof, otherwise covered includes:

(1) maximizes sources for foreign-made domestic personal protective equipment; and

(2) certifies every 120 days that it is necessary to procure personal protective equipment under alternative procedures to respond to the immediate needs of a public health emergency.

(b) Acquisitions of an item of personal protective equipment, or component thereof, including those described in paragraph (a) —

(1) that is, or that includes, a material listed in section 25.104 of the Federal Acquisition Regulation as one for which a nonavailability determination has been made; or

(2) as to which the Senior Procurement Executive determines that a sufficient quantity of a satisfactory quality that is grown, reprocessed, reused, or produced in the United States cannot be procured as, and when, needed at United States market prices; and

(3) the Senior Procurement Executive certifies every 120 days that it is necessary to procure personal protective equipment to respond to the immediate needs of a public health emergency.

(c) When either of the exceptions in the paragraphs (a) or (b) are used:

(1) Only the VA Senior Procurement Executive is authorized to make the certification in paragraphs (a)(2) and (b)(3) or the nonavailability or unreasonable cost determination in paragraph (b).

(2) The supporting documentation for the VA Senior Procurement Executive shall be prepared by the VA Component(s) and:

(i) For the certification in paragraphs (a)(2) and (b)(3):

(A) include a written justification documenting the immediate public health emergency requiring use of alternative procedures; and

(B) be concurred on by the Head of the Contracting Activity before submission to the Senior Procurement Executive.

(ii) For the nonavailability or unreasonable cost determination in paragraph (b):

(A) include a written justification documenting why a nonavailability or unreasonable cost exception is required; and

(B) be concurred on by the Head of the Contracting Activity before submission to the Senior Procurement Executive.

Specific application of the Buy American Act and Trade Agreements Act.

In the event the VA Senior Procurement Executive determines neither domestic personal protective equipment nor foreign-made domestic personal protective equipment are available due to nonavailability or unreasonable cost, contracting officers shall apply either –

(a) The clause at Federal Acquisition Regulation (FAR) 52.225-1 Buy American – Supplies and the provision at FAR 52.225-2 Buy American Certificate;

(b) The clause at Federal Acquisition Regulation (FAR) 52.225-3 Buy American – Free Trade Agreements – Israeli Trade Act and the provision at FAR 52.225-4 Buy American – Free Trade Agreements – Israeli Trade Act Certificate; or

(c) The clause at FAR 52.225-5 Trade Agreements and the provision at FAR 52.225-6 Trade Agreements Certificate, as applicable.

E. 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 consistent with established commercial agreements.

F. Orders

The primary purpose is for the PV to place orders directly to the Supplier. However, in the event a facility needs to place a direct order against the BPA, they must obtain agreement from the Supplier and MSPV Supplies Branch Chief or higher.

G. 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.

H. Terms and Conditions

1. No purchases are planned to be made against this BPA. However, in the event that a facility needs to place a direct order against the BPA, they must obtain agreement from the Supplier and MSPV Supplies Branch Chief or higher.

2. The NMR does not apply to FAR Part 13 BPAs IAW FAR 19.505 (a).

3. 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.

4. 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) for the appropriate NAICS code for the specific item quoted.

5. All Offerors who wish to qualify as an SD/VOSB and/or a VOSB must be certified by the

Small Business Administration (SBA). Additional information and the certification process can be found on https://veterans.certify.sba.gov

6. The Authorized Supplier shall provide written notice to their respective BPA Contracting Officer 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.

I. Authorized Representatives

1. The Contracting Officers for this solicitation are as follows:

a. Edward (Pete) Lyke edward.lyke@va.gov

b. Melanie Stockman melanie.stockman@va.gov mailto:edward.lyke@va.gov mailto:melanie.stockman@va.gov

2. If required, a Contracting Officer's Representative (COR) for requirements under this Agreement will be delegated by writing by the CO.

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 NMR Non-Manufacturer Rule 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 SUPPLIES

• DIALYSIS / PHERESIS

• EMERGENCY MEDICAL SERVICE SUPPLIES

• ENDOSCOPY

• ENT / AUDIOLOGY/ SPEECH LANGUAGE PATHOLOGY

• ENVIRONMENTAL SERVICES

• IMPLANT

• IV & IRRIGATION

• LABORATORY

• MEDICAL IMAGING, RADIOTHERAPY, NUCLEAR MEDICINE & CATH LAB

• OCCUPATIONAL THERAPY / REHABILITATION / AIDS FOR DAILY LIVING

• OPERATING ROOM

• OPTOMETRY

• ORTHOPEDICS, PROSTHETICS & SPORTS MEDICINE

• PATIENT CARE PRODUCTS

• PATIENT EXAM ROOM INSTRUMENTS & SUPPLIES

• PATIENT MOBILITY / TRANSPORTATION / TRANSFER EQUIPMENT & AIDS

• PHYSICAL THERAPY

• PHYSIOLOGICAL / PSYCHOLOGICAL

• PODIATRY

• RESPIRATORY THERAPY & ANESTHESIA

• SAFETY DEVICES & SUPPLIES

• SYRINGES & NEEDLES

• UROLOGY

• WOMEN’S HEALTH

• 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 https://www.va.gov/directory/guide/division.asp?dnum=1

SECTION C - CONTRACT CLAUSES

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

(End of Clause) 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:

FAR

Number

Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

MAR 2023

C.2 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

The Contracting Officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee’s authority. A copy of the designation letter shall be furnished to the Contractor.

(End of Clause)

C.3 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

C.4 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023)

(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.5 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

(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 certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.

(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 https://veterans.certify.sba.gov/ controlled by service-disabled veterans’’ under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)).

(5) The term “SDVOSB participant” or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102).

(b) General. In order for a concern to submit an offer and be eligible for the award of an SDVOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be listed as an SDVOSB participant in the SBA certification database as set forth in 13 CFR 128.

(1) Offers received from entities that are not certified SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a certified SDVOSB listed in the SBA certification database 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 certified SDVOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible and certified SDVOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70.

(d) Agreement/LOS certification. 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 (LOS) requirements in 13 CFR 121.406(b) and 13 CFR 125.6. For the purpose of limitations on subcontracting, only certified SDVOSBs listed in the SBA certification database (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 LOS 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 certified SDVOSBs listed in the SBA certification database (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 certified SDVOSBs listed in the SBA certification database. 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 CFR 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 certified SDVOSBs listed in the SBA certification database.

(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 certified SDVOSBs listed in the SBA certification database.

(5) Subcontracting. An SDVOSB subcontractor must meet the NAICS size standard assigned by the prime contractor and be certified and listed in the SBA certification database to count as similarly situated. Any work that a first tier 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:

[] 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 complies with the requirements in 13 CFR 128.402 and the managing joint venture partner makes the representations under paragraph (c) of this clause. 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 Veteran Small Business Certification Program 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)

C.6 VAAR 852.219-74 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

(a) Definition. For the Department of Veterans Affairs, ‘‘Veteran-owned small business or

VOSB’’:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more 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 Veteran(s);

(ii) The management and daily business operations of which are controlled by one or more Veteran(s);

(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 U.S.C. 8127 and 13 CFR 128, and is certified and listed in the SBA certification database at https://veterans.certify.sba.gov/; and

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size and government contracting, and the Veterans Small Business Certification Program at 13 CFR parts 121, 125, and 128.

(2) ‘‘Veteran’’ is defined in 38 U.S.C. 101(2).

(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’’ has the meaning given that term under section 3(q)(3) of the Small Business Act (15 U.S.C. 632(q)(3)), except that for a VA contract the firm must be certified and listed in the SBA certification database.

(5) The term “VOSB participant” or certified VOSB means a small business that has been certified as eligible to participate in the Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102). It includes certified service-disabled veteran-owned small businesses (SDVOSBs).

(b) General. In order for a concern to submit an offer and be eligible for the award of a VOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be certified and listed as a VOSB or SDVOSB participant in the certification database as set forth in 13 CFR 128.

https://veterans.certify.sba.gov/

(1) Offers received from entities that are not certified VOSBs or SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made only to a certified VOSB who is eligible at the time of submission of offer(s) and at 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 a VOSB, including set-asides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only certified VOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible and certified VOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70.

(d) Agreement/LOS certification. When awarded a contract action, including orders under multiple-award contracts, a VOSB agrees that in the performance of the contract, the VOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size, and government contracting programs at 13 CFR parts 121 and 125, including the Non- Manufacturer rule and limitations on-subcontracting (LOS) requirements in 13 CFR…