36C24418Q0317-001.docx

36C24418Q0317

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. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C24418Q0317 04-04-2018 JoAnn Chukinas joann.chukinas@va.gov 570-824-3521 x7054 04-12-2018 4pm 00244 Department of Veterans Affairs Network Contracting Office 4 joann.chukinas@va.gov 1111 East End Blvd.

Wilkes-Barre

PA

18711 570-284-3521 x7054 joann.chukinas@va.gov x X 339113 750 Employees X N/A X 36C503 Department of Veteran Affairs James E. Van Zandt VAMC Limbs & Orthotics 2907 Pleasant Valley Blvd.

Altoona

PA

16602 00244 Department of Veterans Affairs Network Contracting Office 4 1111 East End Blvd.

Wilkes-Barre

PA

18705

Department of Veterans Affairs Clinical Services/Prosthetics(117PROS) Altoona PA 16602

(877) 353-9791

(512) 460-5429 Altoona VAMC Orthotics and Artificial Limbs Services.

X x Nancy L. Porter Contracting Officer Table of Contents

A.2 CONTRACT ADMINISTRATION DATA

(continuation from Standard Form 1449, block 18A.)

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C244 JoAnn Chukinas Department of Veterans Affairs Network Contracting Office 4 joann.chukinas@va.gov 1111 East End Blvd.

Wilkes-Barre PA 18711

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.

Department of Veterans Affairs Clinical Services/Prosthetics(117PROS) Altoona PA 16602

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

PERFORMANCE WORK STATEMENT FOR DEPARTMENT OF VETERANS AFFAIRS

ALTOONA VETERANS ADMINISTRATION MEDICAL CENTER

PROSTHETIC LIMBS AND ORTHOTICS

1.0 BACKGROUND

The Department of Veterans Affairs (VA) has an ongoing program to furnish artificial limbs, orthotic Services and orthoses to those Veterans that require them and are eligible for assistance. The Prosthetic and Orthotic Services shall be provided to the VISN 4- James E Van Zandt VA Medical Center.

2.0 SCOPE

Standards of Performance The Contractor shall fabricate all artificial limbs in strict conformance to the prosthetic prescription that has been provided by the VA Amputee Clinic Team for each item furnished under this Contract. Contractor shall not add or substitute components or alter the beneficiary’s limb prescription in any way without prior approval and written authority from the VA Amputee Clinic Team Prosthetic Representative, VA Prosthetist or designee. The Contractor shall provide service including evaluation, manufacture, fitting and adjustment of Orthotic devices by its qualified Orthotist. An orthosis is a device fitted externally to an anatomical portion of the body to influence motion by assisting, resisting, blocking, or unloading part of the body weight. An orthosis may be used to correct deformity, compensate for weakness, or protect a body segment. It includes, but is not limited to, custom and non-custom devices, corsets, trusses, and belts.

3.0 GENERAL REQUIREMENTS:

3.1 Artificial limbs, parts and repairs must be procured, fabricated and issued to eligible beneficiaries by prescription from a designated physician assigned to the Amputee Clinic Team or from the Prosthetic Representative in accordance with the policies and procedures outlined in VHA Handbook 1173.1, VHA Handbook 1173.2, and VHA Handbook 1173.3. Veterans who are eligible for Orthotic services may be provided with arch supports, shoe modifications, functional foot orthotics, depth inlay shoes, healing shoes, custom-made orthopedic shoes, and alternative footwear. Footwear and modifications must be prescribed by the appropriate VAMC clinician and in accordance with the 1173 Handbook and the PAVE Directive.

3.2 Services will be provided to eligible Veteran patients on an inpatient and outpatient basis, upon referral of a VA credentialed physician, or be a practitioner working under the direct supervision of a physician (i.e., clinical nurse specialist, physician’s assistant, and nurse practitioner). All services provided by the Contractor shall be furnished in accordance with a plan of care established by the VA physician responsible for the patient’s care. The plan-of-care may not be altered in type, amount, frequency, or duration, except in cases of an adverse reaction to a specific service or treatment and only upon written instructions from the VA physician.

4.0 SPECIFIC REQUIREMENTS:

4.1 SOLICITATION OF BENEFICIARIES: The Contractor agrees not to (directly or indirectly through agents) solicit eligible Veterans beneficiaries through any means such as, but not limited to, utilizing any advertisements or mailing lists (see contract Clause 852.270-4 Commercial Advertising), contacting the Veteran directly, VA clinics, etc. VA personnel shall not direct, guide, or prompt a veteran beneficiary to a specific Contractor except when a physician determines that it is a medical necessity. To assist in the selection of their Prosthetist, all eligible veteran beneficiaries shall be given a current list of Contract providers located within the VISN Medical Center jurisdiction. The list of Contract providers shall contain the following header statement in boldface type:

YOU HAVE THE RIGHT TO SELECT THE ARTIFICIAL LIMB CONTRACTOR OF YOUR CHOICE FROM ANY OF THE VA APPROVED CONTRACTORS. ANY ATTEMPT TO INFLUENCE YOUR DECISION OR TO DIRECT YOU TO ANY PARTICULAR CONTRACTOR SHOULD BE REPORTED TO THE MEDICAL CENTER DIRECTOR OF THIS FACILITY.

Loaner Hydraulic Unit Requirements A Contractor who is qualified to furnish hydraulic knee mechanisms are required to provide a “loaner” unit in the event that a veteran beneficiary’s unit needs repair by the manufacturer. Loaner is defined as a suitable prosthetic, fit for patient use during the repair period. The Contractor shall submit a copy of the invoice from the manufacturer to support the cost of repairing the malfunctioning unit. Any salvage value granted by the manufacturer for a non-repairable unit shall be credited to VA against the cost of a replacement unit.

Microprocessor Knee Joints A Contractor who is qualified to furnish microprocessor knee joints are required to provide a "loaner" unit in the event that a veteran beneficiary's unit needs repair by the manufacturer. The Contractor shall submit a copy of the invoice from the manufacturer to support the cost of repairing the malfunctioning unit. Any salvage value granted by the manufacturer for a non-repairable unit shall be credited to VA against the cost of a replacement unit. Some microprocessor knee joints may have up to a three-year warranty for parts from the manufacturer, which shall be credited to the VA.

Salvage In the event that a veteran beneficiary dies prior to delivery and acceptance of an artificial limb, VA shall pay the Contractor for the work performed up to the point that they are notified to stop work. The pricing paid shall be mutually agreed upon by the Contractor and COTR upon notification of the death and shall not exceed the Contract price of the limb less the salvage value of the unused limb.

Metric Products Products manufactured to metric dimensions will be considered on an equal basis with those manufactured using inch-pound units, providing they fall within the tolerances specified using conversion tables contained in the latest revision of Federal Standard No. 376, and all other requirements of this document are met.

If a product is manufactured to metric dimensions and those dimensions exceed the tolerances specified in the inch-pound units, a request should be made to the Contracting Officer to determine if the product is acceptable. The Contracting Officer, in concert with the COTR will accept or reject the product.

4.2 EDUCATIONAL AND TRAINING REQUIREMENTS: The Contractor’s facilities shall be approved by the Facility Accreditation Program of the American Board of Certification in Orthotics and Prosthetics, Inc. (ABC), or the Accredited Facilities Program of the Board of Certification (BOC). Throughout the duration of this contract, notification of any facilities added, changed, or closed must be reported to the COR prior to opening or closing. Contractor shall have a full-time American Board Certified (ABC) or Board of Orthotist Certification (BOC) practitioner and shall provide all services in compliance with the Joint Commission on the Accreditation of Healthcare Organizations (JC), or equal, standards. The Contractor and its employees shall observe and comply with, to the extent possible, the standards, policies, procedures, rules and regulations established by the Department of Veteran Affairs and those set forth by relevant professional organizations; the Joint Commission on the Accreditation of Health Care Organizations (JC); third party reimbursing organizations, regulatory agencies; and all federal, state and local laws, rules and regulations, as well as the code of ethics of the professional organization governing the profession of orthotics.

4.4 THE JOINT COMMISSION (JC) AND OTHER SPECIAL REQUIREMENTS

Where the contract does not require Joint Commission accreditation or other regulatory requirements regarding worker competency, the Contractor must perform the required work in accordance with JC standards. The Contractor must demonstrate that he/she has met or exceeded JC requirements. The contractor is required to develop and maintain the following documents for each Contractor employee working on the contract: credentials and qualifications for the job; a current competence assessment checklist (an assessment of knowledge, skills, abilities and behaviors required to perform a job correctly and skillfully; includes knowledge and skills required to provide care for certain patient populations, as appropriate); a current performance evaluation supporting ability of the Contractor employee to successfully perform the work required in this solicitation; and listing of relevant continuing education for the last two years. The Contractor will provide current copies of these records at the time of contract award and annually on the anniversary date of contract award to the VA Contracting Officer (COR), or upon request, for each Contractor employee working on the contract.

The Contractor will be responsible to ensure that Contractor employees providing work on this contract are fully trained and completely competent to perform the required work.

The Contractor is required to maintain records that document competence/performance level of Contractor employees working on this contract in accordance with JC and other regulatory body requirements. The Contractor will provide a current copy of the competence assessment checklist and annual performance evaluation to the COR for each Contractor employee working on this contract.

When changes in Contractor personnel are approved in accordance with the “Key Personnel” statement of the contract, the Contractor must provide evidence of orientation, the current competence assessment, and current performance evaluation that supports the above.

Where the contract does not require JC accreditation or other regulatory body requirements, the Contractor must perform the required work in accordance with JC standards. A copy of these standards may be obtained from the Joint Commission.

SPECIAL CONTRACT REQUIREMENTS

1. KEY PERSONNEL AND TEMPORARY EMERGENCY SUBSTITUTIONS:

The Contractor shall assign to this contract the following key personnel: all individuals providing supplies and services to VA Beneficiaries AND for whom information about education and training is required to be submitted as a part of the response to this (Fill in Request for Quotations or Request for Proposal) including, but not necessarily limited to, those individuals who must meet the training requirements set forth in the GENERAL REQUIREMENTS SECTION.

a. During the first ninety (90) days of performance, the Contractor shall make NO substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer, in writing, within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period of the contract, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

b. The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes shall have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on the proposed substitutes. The contract will be modified to reflect any approved changes of key personnel. If the VA does not agree with the proposed substitutes and their qualifications, then VA will terminate the contract.

c. For temporary substitutions where the key person will not be reporting to work for three (3) consecutive work days or more, the Contractor will provide a qualified replacement for the key person. This substitute shall have comparable qualifications to the key person. Any period exceeding two weeks will require the procedure stated in paragraph (b) above.

Special Education Requirements for Certain Prostheses The fitting and alignment of the following prostheses/services must be performed under the supervision of a Prosthetist who has met the applicable educational and training requirements.

(1) Ischial Containment Prosthetic Designs Natural Shape/Natural Aligned Sockets (NSNA) (Also known as Long’s Line or technique) Icelandic Scandinavian New York (ISNY)

Flexible Wall Sockets (FWS) Contoured Adducted Trochanteric-Controlled Alignment Method (CAT/CAM)

(2) Microprocessor knee

(3) Silicone suction sockets (3S)

(4) Tec Harmony System

At a minimum, this training shall include CAD/CAM, Longs Technique, NSNA, and/or educational seminars specific to the fabrication and servicing of these components that were presented by organizations such as National Association for the Advancement of Orthotics and Prosthetics (NAAOP), American Academy of Orthotics and Prosthetics (AAOP), American Orthotic and Prosthetic Association (AOPA), International Association of Orthotics and Prosthetics (IAOP), or a formal program which is specifically designed to train Prosthetist in the fabrication of these sockets.

4.3 METHOD OF PRACTICE: The contractor shall provide on-site services to the government by qualified Orthotists and/or Prosthetist at the James E Van Zandt VAMC Brace and Amputee Clinic on the first and third Friday of each month. Clinic times will be from 09:00AM until noon and 1PM until 2:30 and may be subject to change.

The VA shall require the Contractor to deliver items ordered under this Contract no later than 45 calendar days after receipt of a delivery order. The Contractor shall notify the VA Prosthetic Representative and explain the reason(s) in the event the Contractor is unable to deliver the required items in accordance with the Government's required delivery date. Failure by the Contractor to provide a written notification as stated above within 7 calendar days after receipt of an order constitutes acceptance of an order.

In the event that a veteran beneficiary dies prior to delivery and acceptance of an artificial limb, VA shall pay the Contractor for the work performed up to the point that they are notified to stop work. The pricing paid shall be mutually agreed upon by the Contractor and COR upon notification of the death and shall not exceed the Contract price of the limb less the salvage value of the unused limb.

In the event the Government desires expedited delivery, the ordering activity shall telephonically contact the Contractor and inquire into the feasibility of obtaining this condition. The Contractor shall respond within 24 hours to such request and expedited delivery shall be mutually agreed upon. Any additional costs incurred by the Contractor for meeting this requirement shall be negotiated in accordance with clause 52.212-4, Contract Terms and Conditions--Commercial Items. (Note: Failure by the Contractor to deliver the order on an expedited basis, or otherwise fulfill the agreed upon requirements shall constitute an event of default, and the Contracting Officer shall undertake any action authorized pursuant to this solicitation, or otherwise in accordance with applicable statutes and regulations. Additional Expedited Delivery terms and conditions will be determined by the Contracting Officer or Contracting Officer’s Representative and stated in the individual task or delivery order).

Typically, Veteran beneficiaries who are experienced prosthetic wearers will normally be measured, fitted, and accept delivery of their prosthesis at the Contractor’s facility. Veteran beneficiaries who are not experienced prosthetic wearers (first time prosthetic user) will normally be measured, fitted, and accept delivery at the ordering VA facility. The conditions of and point of measurement, fitting, delivery, inspection, and acceptance of prosthetic appliances shall be at the discretion of the Amputee Clinic Team, Prosthetic Representative, Chief of Prosthetics, or prescribing physician and will be determined on a case by case basis.

Services will be provided at the Contractor’s commercial locations. At least two (2) locations are required, although more than two (2) are preferred. The locations must be somewhere within the following Counties: Pennsylvania: Bedford, Blair, Cambria, Cameron, Centre, Clearfield, Clinton, Elk, Huntingdon, Indiana, Jefferson, Juniata, Mifflin, and Somerset.

4.4 RECORDS MANAGEMENT: The Contractor shall ensure that proper medical records are established and maintained for each patient provided service. The Contractor shall conform to and comply with applicable state and federal laws and submit copies of all records maintained upon request by the VA. Documentation and clinical records shall be complete, timely and reported in compliance with Altoona VAMC policies and current Joint Commission on the Accreditation of Health Care Organizations (JC) standards.

4.5 METHOD OF DELIVERY: The Contractor warrants the Prosthetics Appliances provided against defective material and/or workmanship for a minimum of 90 calendar days from the date of acceptance. Manufacturer’s component warranties that extend beyond the minimum 90-day period shall be in effect and also enforced. The Contractor agrees to furnish without additional cost to the government, all labor and materials necessary to correct defects that were detected during the guarantee period. These conditions do not apply to adjustments incidental to the device adjustments required by physical change of the wearer, or where there is evidence of deliberate misuse or alteration by anyone other than the Contractor.

The Contractor shall immediately notify all effected VAMC (s) and contracting activities in the event of a product recall, removal, required adjustment, or required modification that is suggested or mandated by the Contractor, distributor, manufacturer, or any regulatory or official agency. The information that shall be included in this notification includes:

The majority of devices are purchased from the contracted vendor and is inclusive of all fittings and adjustments. There are a few items such as diabetic footwear, neoprene knee braces, and corsets which are purchased by the VA and/or stocked by Prosthetics.

PRICING SCHEDULE

* It should be noted that L-Code pricing are published by HCFA’s Common Procedure Coding System (HCPCS). The website for the L-Code Pricing: http://www.cms.gov/DMEPOSFeeSched/LSDMEPOSFEE/list.asp?filterType=none&filterByDID=0&sortByDID=3&sortOrder=descending (DME, Orthotics and Prosthetics). The L-Codes are updated every year and are released in December, for the following year.

Artificial Limbs For fabrication and repair of artificial limbs, the prices proposed shall not exceed the established L-Code prices applicable to the geographic area subject to this solicitation and at the time of performance. It should be noted that repair rates for 15 minute increments are now part of the L-Code pricing schedule. Considering this, please apply the best percentage discount that you offer against the L-Code pricing baseline. Offeror’s are to give a discount on all L-Codes (limbs, labor rates for repairs and components).

Base Period One year from date of award

Option Year One TBD after award

Option Year Two

Option Year Three

Option Year Four

Orthotic Devices For fabrication and repair of orthotic devices, the prices proposed shall not exceed the established L-Code prices applicable to the geographic area subject to this solicitation and at the time of performance. It should be noted that repair rates for 15 minute increments are now part of the L-Code pricing schedule. Considering this, please apply the best percentage discount that you offer against the L-Code pricing baseline. Offeror’s are to give a discount on all L-Codes (orthotic devices, labor rates for repairs and components).

Base Period

Option Year One

Option Year Two

Option Year Three

Option Year Four

Custom Molded Shoes and Diabetic/Orthopedic Footwear For fabrication and repair of custom molded shoes and diabetic/orthopedic footwear, the prices proposed shall not exceed the established L-Code prices applicable to the geographic area subject to this solicitation and at the time of performance. It should be noted that repair rates for 15 minute increments are now part of the L-Code pricing schedule. Considering this, please apply the best percentage discount that you offer against the L-Code pricing baseline. Offeror’s are to give a discount on all L-Codes (custom molded shoes and diabetic/orthopedic footwear, labor rates for repairs and components).

Base Period

Option Year One

Option Year Two

Option Year Three

Option Year Four

Foot Orthotics For fabrication and repair of foot orthotics, the prices proposed shall not exceed the established L-Code prices applicable to the geographic area subject to this solicitation and at the time of performance. It should be noted that repair rates for 15 minute increments are now part of the L-Code pricing schedule. Considering this, please apply the best percentage discount that you offer against the L-Code pricing baseline. Offeror’s are to give a discount on all L-Codes (foot orthotics, labor rates for repairs and components).

Base Period

Option Year One

Option Year Two

Option Year Three

Option Year Four

Measure and Fit Contract Diabetic Shoes For measure and fit contract diabetic shoes, the prices proposed shall not exceed the established L-Code prices applicable to the geographic area subject to this solicitation and at the time of performance.

Base Period

Option Year One

Option Year Two

Option Year Three

Option Year Four

* It should be noted that L-Code pricing are published by HCFA’s Common Procedure Coding System (HCPCS). The website for the L-Code Pricing: https://www.cms.gov/Medicare/Coding/MedHCPCSGenInfo/index.html (DME, Orthotics and Prosthetics). The L-Codes are updated every year and are released in December, for the following year.

4.6 PATIENT PRIVACY: The Altoona VAMC will provide the Contractor with access to pertinent medical information within the existing privacy rules and regulations for the purpose of providing coordinated comprehensive care. Contractor shall ensure the confidentiality of all patient information and shall be liable in the event of breach of confidentiality. Contract employees and any subcontracted employees will be required to sign a confidentiality statement. Due to the confidentiality of medical reports, all transcription must be completed in areas that provide reasonable security. All documents are confidential and are protected under the provisions of the Federal Privacy Act of 1974, (Public Law 93-579) and the Health Insurance Portability Accountability Act (HIPPA) of 1996, (Public Law 191-104) to assure the utmost in patient confidentiality. All vendor personnel shall be required to observe the requirements imposed by sensitive data by law, federal regulations, VA statutes, policies and associated requirements to ensure appropriate screening of personnel. The Contractor shall ensure that personnel and sub-Contractor personnel meet the above restrictions and that confidential and propriety of information shall be divulged only to those offices and officials of the VA authorized to receive such information. Violation of these statutory provisions, as stated in agency regulations, by the Contractor or Contractor employees may involve imposition of criminal penalties. Pursuant to Department of Veterans Affairs Health Administration policy, it is understood that records generated by the Contractor in the course of services provided under this contract are exclusive property of the Altoona VAMC and are covered by the VA Privacy Act (Records 24 VA 136), Altoona VAMC has the unrestricted right of access to such records.

4.7 PATIENT EDUCATION: Contractor will be responsible for providing training to the Veteran for:

1. Cleaning and Maintenance Instructions

2. How to don and doff the custom orthotic, including how to properly fit

3. How to inspect the skin for pressure areas, redness, irritation, skin breakdown, pain, or edema

4. How and when to use an interface, such as stockinet’s, socks, gloves, or shoes to accommodate the custom orthotic

5. How to report problems related to the custom orthotics to the contractor

6. How to report problems related to the artificial limbs to the contractor

Training provided must be documented on a check sheet to be developed by the contractor. The check sheet will be completed when the Veteran is issued an orthotic device. A complete check sheet must be available upon request.

4.8 SURVEY REQUIREMENTS: Contractor will provide each Veteran served with a customer service survey to be furnished by the Department of Veterans Affairs. Completed surveys will be available through the Prosthetics Department upon request. Any surveys returned with a negative response will be submitted to the Prosthetics Department with a plan of correction addressing any unsatisfactory responses within 5 business days of receipt from the Veteran.

5.0 INVOICE AND PAYMENTS:

The Contractor shall submit an invoice to the Altoona VA Prosthetics Department within five (5) business days of delivery of Orthotic appliance to the patient. The Contractor shall charge the respective Government Purchase Card when delivery is made. At no time is the Contractor permitted to charge any Government Purchase Card without prior authorization, including repairs. All payments shall be made by the Government Purchase Card (VISA).

The Contractor shall submit a properly prepared invoice for payment. Invoices received without proper documentation as described below will be returned to Contractor without action and payment will be delayed or disputed until proper invoicing is provided. Invoice for payment shall include the following:

Contract Number

Purchase/Delivery Order Number

Invoice Date

Beneficiary's Name and last four (4) digits of Social Security number

Applicable L-Code with short description of product or services provided (as applicable) and the accurate prevailing charge in accordance with the agreed upon discount as stated in the Price Schedule

Date of performance

Purchase card receipt and signed acceptance receipt from beneficiary must accompany invoice

The Contractor shall accept payment for services rendered under this contract as payment in full and will not bill the veteran or his/her third party insurer for any services under this contract or for additional services for which the VA pays the Contractor outside this contract.

Abbreviations:

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)

(a) Definitions. As used in this provision— Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) database means that—

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into the SAM database;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See http://www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)(1) By submission of an offer, the Offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ‘‘Unique Entity Identifier’’ followed by the unique entity identifier that identifies the Offeror’s name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM database.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) Offerors may obtain information on registration at https://www.acquisition.gov.

(End of Provision)

C.2 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN 2017)

(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 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 32.608-2 of the Federal Acquisition Regulation 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…