36C24227Q0016.pdf
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- Solicitation number
- 36C24227Q0016
About this file
This is a Solicitation/Contract/Order for Commercial Products and Commercial Services (SF 1449) issued by the Department of Veterans Affairs for surgical instrument maintenance and repair services.
The Department of Veterans Affairs, Network Contracting Office (NCO) 2 in Buffalo, New York, seeks a service-disabled veteran-owned small business (SDVOSB) contractor to provide surgical instrument maintenance and repair services at the Brooklyn and Manhattan Campuses of the New York Harbor Healthcare System. The solicitation number is 36C24227Q0016, with an offer due date of October 19, 2026 at 1:00 PM EDT and an award/effective date of September 14, 2026. The contract is valued at $34 million and will be a firm-fixed-price arrangement covering a 12-month base period (December 10, 2026 to December 9, 2027) plus four optional one-year renewal periods. Services include monthly on-site and off-site surgical instrument repair, refurbishment, calibration, ultrasonic cleaning, sharpening, and assessment for replacement at both campuses. The contractor must provide ISO 13485 certification, NIST-traceable calibration certificates, OEM factory-training credentials for technicians, and hold HSPA CCSVP or CRCST/CBSPD certifications. Key requirements include 24-hour emergency turnaround, 48-hour urgent turnaround, weekend service availability, magnification technology use during repairs, documentation and reporting, and staff training on instrument care and laparoscopic testing. Invoices are submitted monthly through the Tungsten Network portal. The acquisition is a total set-aside for certified SDVOSBs with limitations on subcontracting capped at 50 percent for service contracts. Evaluation will be based on technical capability, past performance, and price, with award to the lowest evaluated price meeting technical acceptability standards. Offerors must submit responses electronically to Michelle.Harsch@va.gov in two parts: technical capability documentation and completed price schedule.
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Other files
| File | Type | Posted |
|---|---|---|
| 36C24227Q0016 0002.pdf | ||
| 36C24227Q0016 0001.pdf | ||
| BROOKLYN SPS CONTAINER INVENTORY.xlsx | XLSX spreadsheet | |
| MANHATTAN SPS CONTAINER INVENTORY.xlsx | XLSX spreadsheet | |
| 36C24227Q0016.pdf |
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PAGE 1 OF 1. REQUISITION NO.
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL
TIME
9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS:
SIZE STANDARD:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ IFB RFP
15. DELIVER TO CODE 16. ADMINISTERED BY CODE
17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE
TELEPHONE NO. UEI: EFT:
PHONE: FAX:
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED
SEE ADDENDUM
19. 20. 21. 22. 23. 24.
ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)
PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212
7. FOR SOLICITATION
INFORMATION CALL:
STANDARD FORM 1449
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
630-27-1-4156-0003
36C24227Q0016 09-14-2026
Harsch, Michelle Michelle.Harsch@va.gov 716-862-7373 10-19-2026
1:00pm EDT
36C528
Department of Veterans Affairs
Network Contracting Office (NCO) 2
3495 Bailey Avenue
Building 3, 2nd floor
Buffalo NY 14215
X 100
X
811210
$34 Million
N/A
X
Department of Veterans Affairs
New York Harbor Healthcare System
Brooklyn and Manhattan Campuses
423 East 23rd Street
New York NY 10010
36C528
Department of Veterans Affairs
Network Contracting Office (NCO) 2
3495 Bailey Avenue
Tungsten Network https://www.tungsten-network.com/ customer-campaigns/veteransaffairs/
See CONTINUATION Page
Surgical Instrument Maintenance and Repair Services at the Brooklyn and Manhattan Campuses of the NYH HCS as specified in the Statement of Work included herewith.
See CONTINUATION Page
630-3670160-4156-828100 010040175
X X
X 1
Joseph Cellino
Contracting Officer
36C24227Q0016
Table of Contents
SECTION A
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS
AND COMMERCIAL SERVICES
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
B.2 STATEMENT OF WORK………………………………………………………………….4
B.3 PRICE/COST SCHEDULE
ITEM INFORMATION
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS
AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)
C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 19
C.4 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL
LABOR RELATIONS ACT (NOV 2025) (DEVIATION)
C.5 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS
(DEVIATION APR 2026)
C.6 52.223-23 SUSTAINABLE PRODUCTS (NOV 2025) (DEVIATION)
C.7 SUPPLEMENTAL INSURANCE REQUIREMENTS
C.8 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)
(DEVIATION)
C.9 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED
SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)
(DEVIATION)
C.10 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—
CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)
(DEVIATION)
C.11 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
SECTION E - SOLICITATION PROVISIONS
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (SEP 2023)
E.2 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)
E.3 52.233-2 SERVICE OF PROTEST (SEP 2006)
E.4 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS
AND CERTIFICATIONS (NOV 2025) (DEVIATION)
E.5 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)
E.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB
1998)
E.7 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES (NOV 2021)
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 Joseph Cellino
Department of Veterans Affairs Network Contracting Office (NCO) 2 3495 Bailey Avenue
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
[] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or
[] 52.232-36, Payment by Third Party
3. INVOICES: Invoices shall be submitted in arrears:
a. Quarterly []
b. Semi-Annually []
c. Other [X] Monthly
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:
AMENDMENT NO DATE
B.2 STATEMENT OF WORK - SURGICAL INSTRUMENT MAINTENANCE AND
REPAIR SERVICES
I. Scope of Work https://www.tungsten-network.com/customer-campaigns/veteransaffairs/
The Sterile Processing Services (SPS) at the Brooklyn and Manhattan Campuses of VA New
York Harbor Healthcare System (NYHHS) are seeking a contract for surgical instrument repair and refurbishment services, and assessment for replacement, for instruments used in operating room procedures. Section 5 of this Statement of Work (SOW) contains instructions regarding Surgical Instrument Tray Maintenance and Inspection.
Preventive maintenance (PM), scheduled repairs, refurbishment and assessment for replacement shall include but is not limited to all specialty trays by service (Ortho, ENT, etc.), scissors, needle holders, curettes, hemostats, graspers, laparoscopic instruments, surgical knives, etc. Refer to the attached lists of Manhattan (NY) and Brooklyn (BK) instrument trays currently owned by the facility.
NY SPS Container
Inventory.xlsx BK SPS Container
Inventory.xlsx
The required services are periodic in nature and are required to maintain the instruments in such condition that they may be operated in accordance with the intended manufacturer’s design and functional capacity with minimal incidence of malfunction or inoperative conditions.
The vendor shall ensure repairs and service functions are performed in conformance with specifications used by the instrument manufacturer. The vendor performing maintenance or repairs on these medical devices must hold and provide current ISO 13485 certification for their Quality Management System, a Certificate of Calibration ensuring traceability to national standards (the certification documents that all testing equipment used to calibrate the instruments is NIST-traceable), and OEM factory-training credentials for the specific technicians providing these services.
The vendor shall obtain the instrument trays from SPS and provide these services to include but not limited to: sharpening, repairing (i.e., adjusting, aligning, straightening, and/or replacing parts), refurbishing, calibrating, ultrasonically cleaning, stain removal, polishing, and lubricating various individual surgical instruments sets and operating room (OR) procedural instrument trays;
maintaining the equipment and conducting insulation electrical safety inspection (as required by instrument type) including all emergency calls necessary between regular repairs.
Ultrasonic cleaning and lubricating/milking shall be performed on all instruments, not just the instruments that require repair. SPS will provide the instruments individually or as components of a specialty tray. All instruments shall be maintained in proper operating condition as specified by the original manufacturer.
Upon completion of repair, refurbishment, and testing of the submitted trays and instruments, the vendor must return the equipment to SPS. The vendor must also provide a summary report upon delivery of processed instruments as described in https://www.iso.org/standard/59752.html
Section II. Repairs shall be completed on location at each campus in a mobile repair vehicle, or offsite at the vendor’s repair facility.
NY Harbor Healthcare System consists of two campuses and services are required at both campus locations as follows:
Sterile Processing Service - Manhattan Campus
423 East 23rd Street Ground Floor New York, NY 10010 POC: Chief of SPS New York, Blesila Watts, Blesila.Watts@va.gov, and Raiza Caraballo, raiza.caraballo@va.gov
Sterile Processing Service - Brooklyn Campus
800 Poly Place Basement Floor Brooklyn, NY 11209 POC: Assistant Chief of SPS Brooklyn, Mya Steinwehr, mya.steinwehr@va.gov
( The scope and identification of all items to be covered will be obtained from the Chief, SPS or Assistant Chief, SPS at each campus and confirmed with contractor at time of contract award.)
II. Mandatory Tasks and Associated Del iverables
A. The vendor shall provide all necessary labor, equipment, materials, supervision, test equipment, repair/replacement parts, travel and transportation for instrument sharpening/repair. This work shall be performed monthly on site at both Brooklyn and Manhattan Campuses. The SPS departments in Brooklyn and Manhattan are two separate services, only supporting their specific campus. All Brooklyn instruments must be maintained and returned to the SPS service at the Brooklyn campus. All Manhattan instruments must be maintained and returned to the SPS service at the Manhattan campus. Instruments that cannot be repaired onsite shall be sent to the vendor’s repair facility. The contract includes all repairs performed onsite and offsite.
B. The vendor shall provide multiple levels of repair services including, but not limited to two-hour turn-around, same-day turn-around, 24-hour turn-around, weekend service, mail-in/offsite repair service, and onsite repair service.
a. All urgent instrument repairs will have a 48-hour turnaround time.
b. All emergency instrument repairs will have a 24-hour turnaround time.
mailto:Blesila.Watts@va.gov mailto:raiza.caraballo@va.gov mailto:mya.steinwehr@va.gov
C. The vendor shall provide one or more technicians, depending on the site, for onsite repair so that entire services’ instrument trays can be repaired and refurbished.
D. The vendor must be capable of repairing 15 sets per visit at a minimum (i.e., for the Brooklyn SPS), with a maximum of 30 trays per visit (i.e., for Manhattan
SPS).
E. The vendor shall provide repairs, maintenance, and testing of surgical instruments. The vendor will return instruments in as good as new condition. The finish of the surgical instruments shall be maintained to manufacturer’s specifications. All instruments shall be repaired and maintained in proper operating conditions as specified by the original manufacturer.
F. The manufacturer’s part numbers and catalog numbers, as well as Censis instrument markings, shall be preserved on all repaired or refurbished instruments.
G. Magnification technology must be utilized during the repair process to diagnose, document, and educate facility staff regarding repairs made for the day.
H. The vendor shall be required to test surgical instruments for accurate alignment, sharpness, insulation and calibration. As an example, the scissors should cut all the way through the top of the scissors without catching or snagging, the jaws of the rongeur should cut cleanly through an index card, and ¾ of the blades of the bone and pin cutters, as well as those of the nail nippers, should cut cleanly through an index card, etc.
I. The vendor must provide the Latex Free Scissor Test Band Rolls for use at each campus at no charge.
J. The vendor must provide one Laparoscopic Insulation Continuity Tester per campus at no charge and provide education upon request and as necessary to
VA SPS Technicians.
K. The vendor must be able to demagnetize instruments that require demagnetizing, e.g., needle holders.
L. The vendor shall provide education regarding instrument repairs, instrument care and handling, instrument processing, power equipment repairs, laparoscopic continuity testing, and endoscopy instrument repairs. Vendor programs must be accredited and offer CEU credits to SPS Technicians, Surgical Technicians, and/or Registered Nurses.
M. Instrument repairs shall be completed onsite at each VA New York Harbor
Healthcare Campus in a mobile repair lab/vehicle or within the hospital in a designated space. The mobile repair vehicle should be self-sustained with electrical power, air compressor, tools, etc. Safety cones must be utilized around the perimeter of the mobile repair vehicle to ensure the safety of hospital and vendor staff. Any equipment needed to set up repair lab within the hospital must be done at the expense of the vendor.
N. The vendor's employee(s) shall report to the Sterile Processing Department
Service (SPS) upon arrival at either the Brooklyn or Manhattan Campus. The vendor will retrieve instruments from and deliver them to the Sterile Processing
Service (SPS) located at each campus (Brooklyn and Manhattan).
O. Individual instrument repairs shall be performed on weekends and/or Monday through
Friday between the hours of 8:00am to 4:00pm when necessary, excluding federal holidays. Repair visits will be scheduled in advance with the respective Chief of SPS or
Assistant Chief of SPS at each campus.
P. Instruments that cannot be repaired or refurbished due to cracking, pitting, corrosion, or exceeding life expectancy will be removed, marked or tagged for replacement, and returned to the Chief of SPS or Assistant Chief of SPS at each respective campus.
Q. If an instrument needs to be sent out for third party repairs by the vendor, authorization must be obtained from the SPS Chief or designee from the campus the instrument originated from. All off site repairs shall be included in the monthly, flat-rate cost of this service contract.
R. The vendor shall conduct a continuous review of the condition of the sets and make recommendations for adjusting the repair frequencies for individual sets and on-site repair visit frequency. The Chief of SPS, Assistant Chiefs of SPS, or their designees determine which trays need review and repair by the vendor at the time of service.
S. The vendor shall make recommendations for surgical instrument replacement that may be required to meet the scope of surgical tray completion. Repair of back-up instruments must take place two times per year. The assessment of these instruments not requiring repair shall be provided at no charge.
T. In the event of inclement weather, natural disaster, or other unforeseen circumstances preventing a scheduled on-site repair visit the SPS Chief, Assistant SPS Chief, or designee will be contacted the day of the scheduled visit.
Dates available for re-scheduling the on-site repair shall be provided to the SPS
Chief within three business days of the originally scheduled on-site repair visit.
III. Documentation Requirements
A. At the conclusion of each service visit, the vendor must provide a summary report upon delivery of repaired instruments containing the following information: date of repair, instrument type, type of repair and the next date the instrument(s) should be given preventive maintenance. The report should be in an electronic format, e.g.
MS Excel spreadsheet, MS Word document, or a PDF).
B. Documentation of extensive repairs and/or recommendations for process improvements shall be included in the summary report, along with before and after pictures, as appropriate.
C. All single instruments and surgical trays picked up/delivered by the vendor shall be properly listed on the report for accountability verification.
D. The summary service report will be checked against the instruments returned after repairs.
E. Stickers indicating the date the tray was serviced shall be put on all trays at completion of service.
F. All service documentation shall be maintained by SPS and made available to the
OR as needed per contract requirements.
IV. SPS and Surgical Service Operating Room (OR) Support
The VA Sterile Processing Service (SPS) will be the point of contact for all surgical instrument pickups and returns. The returned repaired instruments will be inspected in SPS.
The Surgical Service Operating Room will perform a serviceable quality check of instruments and any instruments that fail will be returned to SPS for reprocessing by the vendor.
V. Surgical Instrument Tray Maintenance and Inspection (By Specialty)
A. Surgical instrument maintenance and repairs should be performed in the vendor’s mobile repair vehicle during the monthly service visit at each campus, or offsite at the vendor’s repair facility.
B. All instruments that can be disassembled will be disassembled and undergo a detailed vendor inspection. Pictures shall be provided.
C. Instruments shall not be altered, changed or tampered with and will be repaired following manufacturers’ original design specifications and in compliance with
ANSI-AAMI ST-79 part 7.7.
D. Instruments such as Kerrison, Rongeurs, Biopsy Punches, Graspers, Scissors, and Endoscopic – Arthroscopic devices will be disassembled for maintenance and repaired. They will also be sharpened and aligned in accordance with the manufacturer’s original specifications.
E. Surgical Picks, Nerve Hooks, Needle Holders, etc., shall be straightened or aligned to maintain their original manufacturer’s configuration.
F. Specific custom-made instruments shall be repaired in coordination with operating room surgeons (end user) specifications and in accordance with the manufacturer’s original design specifications.
G. Suction tubes (Poole, Adson, Frazier Baron, and Yankauer) shall be inspected, and interior lumen flushed and inspected.
H. All instruments shall be stain-free with a finish that complies with the manufacturer’s specifications.
I. Delicate sharp, pointed eye instruments shall be returned covered with appropriate tip protectors.
J. Service shall include maintenance, cleaning, and restoration of the respective instrument sterilization containers to include removing tape residue, cleaning stains and fixing minor dents or hardware issues to ensure the case is fully functional and sanitary.
VI. VA Monitoring Progress and Compliance
A. Continuous instrument repair quality improvement monitoring and turnaround time as well as contract compliance will be jointly monitored by the Chief SPS or Assistant
Chiefs SPS at each campus and the Contracting Officer Representative (COR).
B. The COR will designate appropriate VA personnel to monitor vendor employee work hours/services through one or a combination of the following mechanisms:
1. The COR, jointly with the Chief SPS and Assistant Chief SPS will monitor vendor instrument pick-up and drop-off through written logs and schedules to ensure that services required have been received by the VA. The vendor's employee(s) shall report to SPS upon arrival at NYHHCS’ Campus for the pickup and return of instruments.
2. The COR will be responsible for verifying contract compliance through the direct technical oversight by the SPS Chief or Assistant Chief. The SPS
Chief and/or Assistant Chief will be the expert and authority for any technical issues regarding the performance of the contract. Any incidents of vendor noncompliance as evidenced by the monitoring procedures will be forwarded immediately to the Contracting Officer by the COR.
C. Documentation of services performed will be reviewed by the COR prior to certifying payment. The COR will perform periodic document checks with the service to ensure records monitoring. VA will pay only for services actually performed and in strict accordance with the schedule of prices/costs shown in the
B.3 Price Schedule of items.
VII. Vendor Requirements
Contractor personnel performing under this contract shall be fully qualified and competent to provide the services required in this SOW. “Fully qualified” is defined as trained and experienced to provide the services described herein. The contractor shall provide resumes of their personnel and copies of certifications/credentials for approved personnel technicians. Resumes shall clearly reflect experience, formal education and training, expertise and any licensing or certifications required. All contractor personnel shall have at least three years’ experience in the areas of surgical instrumentation maintenance and repair.
Contractor personnel will have Healthcare Sterile Processing Association (HSPA)
Certified Central Service Vendor Partner (CCSVP) certification, and Certified Registered
Central Service Technician (CRCST) certification or Certification Board for Sterile
Processing and Distribution (CBSPD) certification.
The vendor performing maintenance or repairs on medical devices must provide current
ISO 13485 certification for their Quality Management System, a Certificate of Calibration ensuring traceability to national standards (the certification documents that all testing equipment used to calibrate the instruments is NIST-traceable), and OEM factory-training credentials for the specific technicians.
VIII. Invoicing
A. The vendor shall provide repair service invoices to the COR for review and approval prior to submitting invoice for billing. All corresponding invoices shall include the current contract and purchase order numbers. Invoicing shall be in arrears.
B. The COR will verify that services were actually performed against vendors certified delivery repairs document/report. Only after verification are invoices certified for payment.
IX. VA Information and Information System Security/Privacy Language
A. An ID badge will be issued by the VA that needs to be presented by vendor’s employee at the VA entrance security check points. The issued badge is for official pickup and deliveries of surgical instruments and trays.
B. Vendor mobile unit(s) shall be properly labeled with vendor’s logo and registered with the Police Service at both NYHHCS’ campuses.
C. Contractor requiring access to the VA facility must sign and acknowledge the VA Privacy
Training for Personnel without Access to VA Computer Systems or Direct Access or Use https://www.iso.org/standard/59752.html to VA Sensitive Information Document OR complete the online TMS course # 20939 annually.
1. The contractor shall provide the COR a copy of the training certificate for each contractor employee within one week of the initiation of the contract and annually thereafter, as required.
Failure to complete the mandatory annual training within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.
B.3 PRICE/COST SCHEDULE
ITEM INFORMATION
ITEM
NUMBER
DESCRIPTION OF
SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
12.00 MO __________________ __________________
Surgical Instrument Maintenance and Repair Services for the
Brooklyn Campus.
Contract Period: Base POP Begin: 12-10-2026 POP End: 12-09-2027 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
Manhattan Campus.
Contract Period: Base POP Begin: 12-10-2026 POP End: 12-09-2027 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and
Brooklyn Campus.
Contract Period: Option 1 POP Begin: 12-10-2027 POP End: 12-09-2028 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and
Manhattan Campus.
Contract Period: Option 1 POP Begin: 12-10-2027 POP End: 12-09-2028 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and
Brooklyn Campus.
Contract Period: Option 2 POP Begin: 12-10-2028 POP End: 12-09-2029 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and
Manhattan Campus.
Contract Period: Option 2 POP Begin: 12-10-2028 POP End: 12-09-2029 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and
Brooklyn Campus.
Contract Period: Option 3 POP Begin: 12-10-2029 POP End: 12-09-2030 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and
Manhattan Campus.
Contract Period: Option 3 POP Begin: 12-10-2029 POP End: 12-09-2030 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and
GRAND TOTAL
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)
(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.
(b) 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.
(c) 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.
(d) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(e) 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 FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(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. Examples of occurrences include 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. When an excusable delay occurs, the Contractor shall—
(1) Notify the Contracting Officer in writing as soon as possible;
(2) Remedy the delay as quickly as possible; and
(3) Notify the Contracting Officer when the occurrence is over.
(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31
U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).
(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) 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 that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(4) 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;
(D) Contractor point of contact; and
(ii) Provide a copy of the remittance and supporting documentation to the Contracting
Officer.
(5) 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 FAR part 33 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 FAR part 32).
(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 termination for cause.
(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 for interest credits prescribed in FAR part 32 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 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. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. 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 under this contract 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) 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; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.
chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C.
chapter 21 relating to procurement integrity.
(r) 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 Disputes, Payments, Invoice, Compliance with Laws Unique to Government
Contracts, and Unauthorized Obligations paragraphs of this clause;
(3) Other contract clauses incorporated in the solicitation or contract;
(4) Addenda to this solicitation or contract,
(5) Solicitation provisions incorporated in the solicitation.
(6) Other paragraphs of this clause.
(7) Other documents, exhibits, and attachments; and
(8) The specification.
(s) Unauthorized obligations.
(1) Except as stated in paragraph (s)(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 (s)(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.
(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.
(1) The Comptroller General of the United States, or an authorized representative of the
Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This clause does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(u) 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)
C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.
(End of Clause)
C.3 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.4 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE
NATIONAL LABOR RELATIONS ACT (NOV 2025) (DEVIATION)
(a) During the term of this contract, the Contractor must post an employee notice, of such size and in such form, and containing such content as prescribed by the Secretary of Labor, in conspicuous places in and about its plants and offices where employees covered by the
National Labor Relations Act engage in activities relating to the performance of the contract, including all places where notices to employees are customarily posted both physically and electronically, in the languages employees speak, in accordance with 29 CFR 471.2(d) and (f).
(1) Physical posting of the employee notice must be in conspicuous places in and about the
Contractor's plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor Relations Act and engage in activities related to the performance of the contract.
(2) If the Contractor customarily posts notices to employees electronically, then the
Contractor must also post the required notice electronically by displaying prominently, on any
Web site that is maintained by the Contractor and is customarily used for notices to employees about terms and conditions of employment, a link to the Department of Labor's Web site that contains the full text of the poster. The link to the Department's Web site, as referenced in (b)(3) of this section, must read, "Important Notice about Employee Rights to Organize and Bargain
Collectively with Their Employers."
(b) This required employee notice, printed by the Department of Labor, may be—
(1) Obtained from the Division of Interpretations and Standards, Office of Labor-Management
Standards, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N-5609, Washington, DC 20210, (202) 693-0123, or from any field office of the Office of Labor-
Management Standards or Office of Federal Contract Compliance Programs;
(2) Provided by the Federal contracting agency if requested;
(3) Downloaded from the Office of Labor-Management Standards Web site at http://www.dol.gov/olms/regs/compliance/EO13496.htm; or
(4) Reproduced and used as exact duplicate copies of the Department of Labor's official poster.
(c) The required text of the employee notice referred to in this clause is located at Appendix A, Subpart A, 29 CFR Part 471.
(d) The Contractor must comply with all provisions of the employee notice and related rules, regulations, and orders of the Secretary of Labor.
(e) In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of this clause, this contract may be terminated or suspended in whole or in part, and the Contractor may be suspended or debarred in accordance with 29 CFR
471.14 and subpart 9.4. Such other sanctions or remedies may be imposed as are provided by
29 CFR part 471, which implements Executive Order 13496 or as otherwise provided by law.
(f) Subcontracts.
(1) The Contractor must include the substance of this clause, including this paragraph (f), in every subcontract that exceeds $10,000 and will be performed wholly or partially in the United
States, unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to section 3 of Executive Order 13496 of January 30, 2009, so that such provisions will be binding upon each subcontractor.
(2) The Contractor must not procure supplies or services in a way designed to avoid the applicability of Executive Order 13496 or this clause.
http://www.dol.gov/olms/regs/compliance/EO13496.htm
(3) The Contractor must take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions for noncompliance.
(4) However, if the Contractor becomes involved in litigation with a subcontractor, or is threatened with such involvement, as a result of such direction, the Contractor may request the
United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.
(End of Clause)
C.5 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL
CONTRACTORS (DEVIATION APR 2026)
(a)Definitions. As used in this clause—
Program participation means membership or participation in, or access or admission to:
training, mentoring, or leadership development programs; educational opportunities; clubs;
associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.
Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources.
(b) In connection with the performance of work under this contract, the Contractor agrees as follows:
(1) The Contractor will not engage in any racially discriminatory DEI activities;
(2) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause;
(3) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared ineligible for further Government contracts;
(4) The Contractor will report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take any appropriate remedial actions directed by the Contracting Officer; and
(5) The Contractor will inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of this clause.
(6) The Contractor recognizes that compliance with the requirements of this clause are material to the Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4).
(c) The Contractor must include the substance of this clause, including this paragraph (c), in subcontracts at any tier, including those for commercial products and commercial services, except those where the place of delivery or performance is outside the United States.
(End of Clause)
C.6 52.223-23 SUSTAINABLE PRODUCTS (NOV 2025) (DEVIATION)
(a) Definitions. As used in this clause—
Sustainable products means—
(1) A product that contains recovered material designated by the EPA under the
Comprehensive Procurement Guidelines (42 U.S.C. 6962) (40 CFR part 247)
(https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products).
(2) An energy-efficient product or low standby power device (42 U.S.C. 8259b) (10 CFR part
436, subpart C) (https://www.energy.gov/femp/search-energy-efficient-products, https://www.energystar.gov/products?s=mega, and https://www.energy.gov/femp/low-standby-power-product-list).
(3) A biobased product that meets the content requirements of the USDA under the
BioPreferred® program (7 U.S.C. 8102) (7 CFR Part 4270) (https://www.biopreferred.gov/)
(4) A substance identified in the EPA’s Significant New Alternatives Policy (SNAP) program as a safe alternative to an ozone-depleting substance (42 U.S.C. 7671l) (40 CFR part 82, subpart G) (https://www.epa.gov/snap/unacceptable-and-acceptable-substitutes-tables).
(b) Requirements. The Government has identified in the statement of work or elsewhere in the contract the sustainable products that are required during the performance of this contract. The
Contractor shall ensure that it provides sustainable products as required by this contract, when the products are—
(1) Delivered to the Government;
(2)Furnished for use by the Government;
(3) Incorporated into the construction of a public building or public work; or
(c) Furnished for use in performing services under this contract, where the cost of the products is a direct cost to this contract.
(End of Clause)
C.7 SUPPLEMENTAL INSURANCE REQUIREMENTS
In accordance…
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