36C24222Q0495_1.docx

36C24222Q0495

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.

DUNS:

DUNS+4:

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

528-22-3-8618-0033 528-22-3-6403-0032 36C24222Q0495 03-23-2022

WIATROWSKI, KIMBERLY

716-862-6391 04-06-2022

10:00 AM

EDT

Department of Veterans Affairs Network Contracting Office (NCO) 2 2875 Union Road Suite 3500 Cheektowaga NY 14227 X 811219 $22 Million N/A X Department of Veterans Affairs WNY Healthcare System 3495 Bailey Avenue Buffalo NY 14215 Department of Veterans Affairs Network Contracting Office (NCO) 2 2875 Union Road Suite 3500 Cheektowaga NY 14227

Tungsten Network https://www.tungsten-network.com/ customer-campaigns/veteransaffairs/

See CONTINUATION Page Provide Instrument Sharpening and Maintenance for the Upstate VISN 2 VA Medical Centers. Please reference the Performance Work Statement attached for the complete details of the requirement.

The Period of Performance is May 1, 2022 to April 30, 2023, with a provision of four (4) option years.

Offerors must read and follow all submission directions.

Incomplete packages will be rejected.

Last date for Request for Information (RFI) is March 30, 2022 10:00 am EST. All RFI's must be submitted in writing to Kimberly.Wiatrowski@va.gov. Phone requests will not be honored.

Continue #1:

528-22-3-7803-0348; 528-22-3-4852-0055 See CONTINUATION Page X X Kimberly Wiatrowski Contracting Officer

DESCRIPTION

SOLICITATION INSTRUMENT SHARPENING REPAIR AND MAINTENANCE

Albany Stratton VA Medical Center 113 Holland Avenue, Albany, NY 12208 Buffalo VA Medical Center 3495 Bailey Avenue, NY 14215 Finger Lakes VAMC 260 Calkins Road, Rochester, NY 14623 Syracuse VA Medical Center 800 Irving Avenue, Syracuse, NY 13210

(i) This is a solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6. “Streamlined Procedures for Evaluation and Solicitation for Commercial Items” and 13.5 Simplified Procedures for Certain Commercial Items” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

(ii) This solicitation is issued as a request for quote (RFQ). Request for Quote will be submitted through Contract Opportunities - https://sam.gov RFQ reference number 36C24222Q0495.

(iii) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-04.

(iv) This procurement is being issued as an unrestricted open market solicitation. The North American Industry Classification System (NAICS) code is 811219 Other Electronic and Precision Equipment Repair and Maintenance with a small business size standard of $22 million. The government intends to award a Firm Fixed Price contract from this solicitation.

(v) The Contractor shall provide pricing to provide Instrument Sharpening and Maintenance for Upstate VISN 2.

RFQ close date is April 6, 2022 10:00 am est.

Table of Contents

B.4 PERFORMANCE WORK STATEMENT (PWS)……………………………………..…12

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 36C242 Department of Veterans Affairs Network Contracting Office (NCO) 2 2875 Union Road Suite 3500 Cheektowaga NY 14227

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.

Tungsten Network https://www.tungsten-network.com/ customer-campaigns/veteransaffairs/

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

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Albany Stratton VA Medical Center - Instrument sharpening and maintenance Contract Period: Base POP Begin: 05-01-2022 POP End: 04-30-2023 PRINCIPAL NAICS CODE: 811219 - Other Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Buffalo VA Medical Center - Instrument sharpening and maintenance

POP Begin: 05-01-2022 POP End: 04-30-2023

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Finger Lakes VAMC - Instrument sharpening and maintenance

POP Begin: 05-01-2022 POP End: 04-30-2023

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Syracuse VA Medical Center - Instrument sharpening and maintenance

POP Begin: 05-01-2022 POP End: 04-30-2023

Albany Stratton VA Medical Center - Instrument sharpening and maintenance Contract Period: Option 1 POP Begin: 05-01-2023 POP End: 04-30-2024

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Buffalo VA Center - Instrument sharpening and maintenance

POP Begin: 05-01-2023 POP End: 04-30-2024

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Finger Lakes VAMC - Instrument sharpening and maintenance

POP Begin: 05-01-2023 POP End: 04-30-2024

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Syracuse VA Medical Center - Instrument sharpening and maintenance

POP Begin: 05-01-2023 POP End: 04-30-2024

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Albany Stratton VA Medical Center - Instrument sharpening and maintenance Contract Period: Option 2 POP Begin: 05-01-2024 POP End: 04-30-2025

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Buffalo VA Medical Center - Instrument sharpening and maintenance

POP Begin: 05-01-2024 POP End: 04-30-2025

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Finger Lakes VAMC - Instrument sharpening and maintenance

POP Begin: 05-01-2024 POP End: 04-30-2025

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Syracuse VA Medical Center - Instrument sharpening and maintenance

POP Begin: 05-01-2024 POP End: 04-30-2025

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Albany Stratton VA Medical Center - Instrument sharpening and maintenance Contract Period: Option 3 POP Begin: 05-01-2025 POP End: 04-30-2026

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Buffalo VA Medical Center - Instrument sharpening and maintenance

POP Begin: 05-01-2025 POP End: 04-30-2026

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Finger Lakes VAMC - Instrument sharpening and maintenance

POP Begin: 05-01-2025 POP End: 04-30-2026

Syracuse VA Medical Center - Instrument sharpening and Maintenance

POP Begin: 05-01-2025 POP End: 04-30-2026

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Albany Stratton VA Medical Center - Instrument sharpening and maintenance Contract Period: Option 4 POP Begin: 05-01-2026 POP End: 04-30-2027

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Buffalo VA Medical Center - Instrument sharpening and maintenance

POP Begin: 05-01-2026 POP End: 04-30-2027

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Finger Lakes VAMC - Instrument sharpening and maintenance

POP Begin: 05-01-2026 POP End: 04-30-2027

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Syracuse VA Medical Center - Instrument sharpening and maintenance

POP Begin: 05-01-2026 POP End: 04-30-2027

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

GRAND TOTAL:

B.3 DELIVERY SCHEDULE

113 Holland Avenue Albany, NY 12208 3410

USA

12.00

3495 Bailey Avenue Buffalo, NY 14215

12.00

260 Calkins Road Rochester, NY 14623

12.00

800 Irving Avenue Syracuse, NY 13210

12.00

113 Holland Avenue Albany, NY 12208 3410

12.00

3495 Bailey Avenue Buffalo, NY 14215

12.00

260 Calkins Road Rochester, NY 14623

12.00

800 Irving Avenue Syracuse, NY 13210

12.00

113 Holland Avenue Albany, NY 12208 3410

12.00

3495 Bailey Avenue Buffalo, NY 14215

12.00

260 Calkins Road Rochester, NY 14623

12.00

800 Irving Avenue Syracuse, NY 13210

12.00

113 Holland Avenue Albany, NY 12208 3410

12.00

3495 Bailey Avenue Buffalo, NY 14215

12.00

260 Calkins Road Rochester, NY 14623

12.00

800 Irving Avenue Syracuse, NY 13210

12.00

113 Holland Avenue Albany, NY 12208 3410

12.00

3495 Bailey Avenue Buffalo, NY 14215

12.00

260 Calkins Road Rochester, NY 14623

12.00

800 Irving Avenue Syracuse, NY 13210

12.00

Performance Work Statement (PWS) Instrument Sharpening, Repair and Maintenance

B.4 SCOPE

Contractor shall provide on-site services as well as same day pick up and drop off for refurbishing of reusable medical equipment and if necessary, off-site repairs for instruments that require extensive repairs. These instruments shall be inspected, repaired, sharpened, lubricated, and if necessary marked unrepairable during scheduled weekly, bi-weekly, monthly or quarterly visits. All work performed on surgical equipment shall be performed in accordance with Original Equipment Manufacturers (OEM) specifications The Period of Performance is May 1, 2022 to April 30, 2023 with a provision of four (4) option years.

B.4.1 PLACE OF PERFORMANCE

The contractor shall perform pick up services and same day repair and drop off at each facility:

Albany Stratton VA Medical Center 113 Holland Avenue, Albany, NY 12208 Buffalo VA Medical Center 3495 Bailey Avenue, NY 14215 Finger Lakes VAMC 260 Calkins Road, Rochester, NY 14623 Syracuse VA Medical Center 800 Irving Avenue, Syracuse, NY 13210

The Finger Lakes VAMC includes:

Bath VA Medical Center, 76 Veterans Avenue, Bath, NY 14810 Canandaigua VA Medical Center, 400 Fort Hill, Canandaigua, NY 14424 Rochester Outpatient Clinic, 260 Calkins Road, Rochester, NY 14623

· Note pick up and drop off will be at 260 Calkins Road for all locations of Finger Lakes.

B.4.2 HOURS OF OPERATION

Buffalo VAMC, Finger Lakes VAMC and Syracuse VAMC: All work shall be performed during regular business hours, which are Monday to Friday 8:00 am to 4:30 pm eastern standard time (EST).

*Albany VA Medical Center:

Instrument maintenance/repair work shall be performed during regular business hours, which are Monday to Thursday 8:00 am to 4:30 pm eastern standard time (EST).

The following are Federal Holidays observed by the facility and the Contractor shall not expect access to the VA Facility or VA employees on these dates. Preventive Maintenance or other services are not to be scheduled on these dates:

New Year's Day Martin Luther King, Jr. Day Washington's Birthday Memorial Day Juneteenth Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

*Any day the President declares a Federal Holiday

B.4.3 ON-SITE SERVICES

Upon arrival to the Sterile Processing Service (SPS) or designated area, the contractor will pick up trays of instruments to inspect and repair as needed.

A. The contractor shall perform onsite same day full service which will include the following:

(1) Vendor will provide onsite repair services including instrument stain removal, alignment, adjustments, pins, sharpening, inserts, laparoscopic shaft insulation, springs and manufactured parts and/or screw replacements for all clinical hand instruments in primary care and specialty etc. All handheld stainless steel instruments will be returned to SPS after first going thru a sonic bath.

(2) Inspection and repair of rigid containers and cassettes

(3) Inspection, sharpening, and repair of various stainless-steel instruments, complete instrument trays and peel pack single instruments, power equipment repair, pneumatic equipment repair, power equipment battery service, light cables, fiberoptic retractors, phaco handpieces, dental handpieces and laparoscopic instruments

(4) Replace damaged instrument parts with new, OEM medical grade parts

(5) Replace unserviceable Reusable Medical Device (RMD), if there is an additional cost a modification will be issued, if it is within the scope of the contract.

(6) Electrosurgical instrument re-insulation

(7) Loaner equipment available while instruments are being repaired off-site

(8) Removal of instrument indicator tape

(9) Case cart repair - including, wheels, wheel canisters and replacement if needed, doors, shelves, hinges, knobs, handles, bumpers and tray count sheet plate holders, prior to being returned all repair debris must be removed from the items to include but not limited to any/all metal shavings/grinding dust/ etc.

(10) The contractor shall coordinate specific dates for maintenance and repairs with the Point of Contact (POC) at each location. Notification and confirmation for maintenance and repairs must be coordinated one week prior to the date requested.

(1) Albany VA Medical Center: MONTHLY SERVICE (1X PER MONTH)

Refurbish approximately 10 trays and items in repair bin monthly. Repair bin may include loose instruments, cords, handpieces and laparoscopic instruments. Repairs are to be done each month.

(2) Buffalo VA Medical Center: MONTHLY SERVICE (1X PER MONTH) Refurbish approximately 10 trays and items in repair bin weekly. Repair bin may include clinic trays, loose instruments, cords, handpieces and laparoscopic instruments. Vendor will approximately service 40 trays and 4 repair bins. Vendor must provide service on Tuesdays.

(3) Finger Lakes VA Medical Centers: MONTHLY SERVICE (1X PER MONTH)

Vendor will service approximately 100 Instrument trays containing one (1) to twenty (20) instruments and 200 peel pack single instruments with a quarterly target of 100 instrument trays and 50 peel-pack instruments. Note: Finger Lakes will have more single instruments than trays. Also note we will have more dental hand pieces then other sites listed.

(4) Syracuse VA Medical Center: WEEKLY SERVICE

Vendor will service approximately 700 instrument trays and 400 peel pack instruments annually with a quarterly target of 175 instrument trays and 100 peel-pack instruments.

B. Vendor will provide immediately after service (same day), each time, an Observation and Activity Report (OAR). This will include an Activity Summary, a Beyond Repairable Summary, an Instrument Exchange List, an Offsite Repair List, an Appendix, and Before and After Pictures in Color of Extensive Repairs Done to Specific Instruments. All trays and single items will be listed by contractor for accountability. The contractor will tag or label completed trays to identify the instrument inspection date. These instruments must be labeled, marked, or separated to prevent reuse. A comprehensive maintenance report which includes a description of the instruments refurbished, price, and specific defect must be provided within 3 business days.

1. In the event that an instrument is found to be defective beyond the capabilities of the mobile service, or in the event an instrument requires repair or sharpening and cannot wait until the scheduled service period, it may become necessary for the government to ship items to the contractor for service or repair.

1. SPS staff will inspect 100% of instruments serviced using standard tools designed for the testing of surgical instrumentation. Any instruments, after testing, that are found to be of poor repair, will be documented in writing and returned to the contractor for proper repair. The contractor will not bill for items that have not been repaired to acceptable standards

C. Other than exception noted in below, Instruments will be retrieved by the contractor and returned by the contractor on the same day unless the instrument needs repairs that cannot be accomplished on site at that time. These instruments must receive approval from SPS staff before any other work is performed not outlined in the Performance Work Statement.

(1) Dental Handpieces will be retrieved by the contractor and returned to the VA Medical facility within four (4) days. If an instrument has extensive damage, the Contracting Officer Representative (COR) must be provided within 3 business days a description of the defect, repair options, cost, and estimated time of repair. The COR will determine whether to pursue repair option, under a separate purchase or return instrument without repair. All instruments will be returned to the appropriate VA Medical Center warehouse or predetermined return location. Under no circumstance will the contractor retain VA property. The Dental handpieces are for the Buffalo, Finger Lakes and Syracuse VAMC’s ( to exclude Albany VAMC).

B.4.4 CONTRACTOR QUALIFICATIONS / CAPABILITES

(1) The contractor shall have the capabilities to maintain and repair delicate and micro instrumentation. These instruments may include but not be limited to such items as Ophthalmology, Ear Nose & Throat, Dental Handpieces and Vascular reusable medical equipment.

(2) The contractor shall be both ISO 9001:2015 and / or ISO 13485 certified.

(3) Repair Techs should be Certified Repair Technicians of Surgical Instruments. Certifications from a nationally recognized body and shall be provided to each medical center at the time of award.

B.4.5 GOVERNMENT-FURNISHED PROPERTY

No Government-furnished property will be provided to the contractor. This includes all Government-furnished property, such as Government-furnished material, equipment, or information. All equipment and supplies used under the terms of this contract will be the provided by and the responsibility of the contractor.

B.4.6 SECURITY

1. Contractor shall be required to complete a security clearance with the VA Police.

1. An ID badge will be issued by the VA Police which must be presented by all contractors at the respective VA entrance security check points. The issued badge is designated for official pick-up and deliveries of surgical instruments and trays. ID badge must always be worn above the waist, in front, with the face of the card visible. It is the responsibility of the contracting officer or designee to verify that the vendor has a temporary identification badge. If not, they are to be escorted to the VA Police and Security office. Once issued a temporary identification badge, the contractor will be escorted by the designee to SPS.

1. Contractor’s mobile unit/van shall be properly label with the company logo and registered with the VA Police Department and parked in designated areas for service.

1. Upon arrival to the Sterile Processing Service, The contractor will pick up trays of instruments to inspect and repair as needed.

B.4.7 ADDITIONAL INFORMATION

(1) Smoking and vaping are not permitted within or around the VA facility grounds.

(2) Transportation charges for Contractor’s service personnel will not be billed or paid under the resulting contract.

(3) The POC will be assigned for each site to oversee pick up and delivery of instruments. The COR will oversee any issues, or questions pertaining to the contract as a whole.

VHA Supplemental Contract Requirements for Combatting COVID-19

1. Contractor employees who work in or travel to VHA locations must comply with the following:

a. Documentation requirements:

1) If fully vaccinated, contractors shall show proof of vaccination.

i. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

2) If unvaccinated, contractors shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test that includes an affiliated telehealth service.

3) Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

4) Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

2. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates.

a. Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

3. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

1. For indefinite delivery contracts: Contractor agrees to comply with VHA Supplemental Contract Requirements for any task or delivery orders issued prior to this modification when performance has already commenced.

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(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:

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 days; 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 five (5) years.

(End of Clause)

C.3 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause)

C.4 52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST (JUN 2020)

(a) Definitions. As used in this clause— "Acquisition function closely associated with inherently governmental functions" means supporting or providing advice or recommendations with regard to the following activities of a Federal agency:

(1) Planning acquisitions.

(2) Determining what supplies or services are to be acquired by the Government, including developing statements of work.

(3) Developing or approving any contractual documents, to include documents defining requirements, incentive plans, and evaluation criteria.

(4) Evaluating contract proposals.

(5) Awarding Government contracts.

(6) Administering contracts (including ordering changes or giving technical direction in contract performance or contract quantities, evaluating contractor performance, and accepting or rejecting contractor products or services).

(7) Terminating contracts.

(8) Determining whether contract costs are reasonable, allocable, and allowable.

"Covered employee" means an individual who performs an acquisition function closely associated with inherently governmental functions and is—

(1) An employee of the contractor; or

(2) A subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures.

"Non-public information" means any Government or third-party information that—

(1) Is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552) or otherwise protected from disclosure by statute, Executive order, or regulation; or

(2) Has not been disseminated to the general public and the Government has not yet determined whether the information can or will be made available to the public.

"Personal conflict of interest" means a situation in which a covered employee has a financial interest, personal activity, or relationship that could impair the employee's ability to act impartially and in the best interest of the Government when performing under the contract. (A de minimis interest that would not "impair the employee's ability to act impartially and in the best interest of the Government" is not covered under this definition.)

(1) Among the sources of personal conflicts of interest are—

(i) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household;

(ii) Other employment or financial relationships (including seeking or negotiating for prospective employment or business); and

(iii) Gifts, including travel.

(2) For example, financial interests referred to in paragraph (1) of this definition may arise from—

(i) Compensation, including wages, salaries, commissions, professional fees, or fees for business referrals;

(ii) Consulting relationships (including commercial and professional consulting and service arrangements, scientific and technical advisory board memberships, or serving as an expert witness in litigation);

(iii) Services provided in exchange for honorariums or travel expense reimbursements;

(iv) Research funding or other forms of research support;

(v) Investment in the form of stock or bond ownership or partnership interest (excluding diversified mutual fund investments);

(vi) Real estate investments;

(vii) Patents, copyrights, and other intellectual property interests; or

(viii) Business ownership and investment interests.

(b) Requirements. The Contractor shall—

(1) Have procedures in place to screen covered employees for potential personal conflicts of interest, by—

(i) Obtaining and maintaining from each covered employee, when the employee is initially assigned to the task under the contract, a disclosure of interests that might be affected by the task to which the employee has been assigned, as follows:

(A) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household.

(B) Other employment or financial relationships of the covered employee (including seeking or negotiating for prospective employment or business).

(C) Gifts, including travel; and

(ii) Requiring each covered employee to update the disclosure statement whenever the employee's personal or financial circumstances change in such a way that a new personal conflict of interest might occur because of the task the covered employee is performing.

(2) For each covered employee—

(i) Prevent personal conflicts of interest, including not assigning or allowing a covered employee to perform any task under the contract for which the Contractor has identified a personal conflict of interest for the employee that the Contractor or employee cannot satisfactorily prevent…