36C24421Q0436_2.docx

36C24421Q0436 Contract Opportunity Combined Synopsis/Solicitation Notice

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ARCHIVE

DAYS AFTER THE RESPONSE DATE

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CONTRACTING OFFICE

ADDRESS

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(POC Information Automatically Filled from User Profile Unless Entered)

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AGENCY CONTACT'S EMAIL

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* = Required Field Contract Opportunity Combined Synopsis/Solicitation Notice J065 RFQ-Surgical Instrument Maintenance and Repair 17042 36C24421Q0436 07-02-2021 12:00

EASTERN TIME, NEW YORK, USA

N

SDVOSBC

811219 Department of Veterans Affairs Network Contracting Office 4 Contract Specialist Katrina Tavares katrina.tavares@va.gov 412-822-3757 Lebanon VA Medical Center 1700 South Lincoln Ave Lebanon

PA

17042

USA

katrina.tavares@va.gov The Department of Veterans Affairs, Network Contracting Office 4 (NCO4), on behalf of the Lebanon VA Medical Center, anticipates the award of a firm-fixed price service contract for Surgical Instrument Sharpening and Repair. These services are being acquired in accordance with FAR 13.5 – Simplified Procedures for Certain Commercial Items. Please see the solicitation #36C24421Q0436 for detailed information regarding this requirement and opportunity. Block #6 on 1449 shows closing date and Time (Eastern Time).

1. The government anticipates awarding a contract for one (1) year with up to one (4) option year periods.

1. SOW information is important to understand and reference to submit a quote deemed to be technically acceptable.

1. Instructions to Quoters (Section E of RFQ) lists details on how to submit

The applicable North American Industry Classification System Code (NAICS) for this procurement is 811219: Other Electronic and Precision Equipment Repair and Maintenance.

Information and solicitation documents will be posted on the website of beta.SAM.gov at https://www.beta.sam.gov. Interested parties are responsible for monitoring this site for the posting of the solicitation including any future addenda to the solicitation, and any other pertinent information.

Any and all questions regarding this solicitation must be in writing and must include the vendor’s point of contact and telephone number and sent to:

1. Katrina Tavares, Contract Specialist at katrina.tavares@va.gov

1. Questions will be answered if received prior to 12pm EST on Wednesday, June 30th 2021

1. Subject line of the email to read as:

Solicitation # 36C24420Q0436 | Surgical Instrument Sharpening & Repair

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

595-21-2-028-0005 36C24421Q0436 06-23-2021 Katrina Tavares | katrina.tavares@va.gov 302-994-2511 x7527 07-02-2021 12:00pm

EST

36C244 Department of Veterans Affairs Network Contracting Office 4 Contract Specialist: See Block 7a

X X 811219 $22 Million N/A X Lebanon VA Medical Center 1700 South Lincoln Ave Lebanon PA 17042 36C244 Department of Veterans Affairs Network Contracting Office 4 Services 2

Austin Payment Center Department of Veterans Affairs PO Box 149971 Austin TX 78714-9971

(877) 353-9791

(512) 460-5429 See CONTINUATION Page This solicitation is for Base plus 4 option years for: Mobile Instrument Sharpening and Repair Solicitation #, see Block 5 Due Date/Time (Eastern Standard Time): see Block 8 Period of Performance (PoP): See Schedule Line Items: See Schedule Important: Question time period and Submission Requirements-see Section E: ADDENDUM to FAR 52.212-1 See CONTINUATION Page X

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: TBD

b. GOVERNMENT: Contract Specialist: Katrina Tavares Department of Veterans Affairs Network Contracting Office 4

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.

Austin Payment Center Department of Veterans Affairs PO Box 149971 Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

Page 1 of Page 1 of Page 1 of Page 1 of

STATEMENT OF WORK

SURGICAL INSTRUMENTS: MAINTENANCE, INSPECTION, TESTING AND REPAIR

1. GENERAL INFORMATION:

1.1 Background: The Lebanon VA Medical Center (LVAMC) is currently seeking a company that can provide services related to a preventative maintenance (PM) for surgical instrumentation used in operating room and clinical procedures; including repair, and assessment for replacement. In addition to the preventative maintenance program, a one-time, joint, wall-to-wall inventory of all surgical instruments contained within the Surgery Department and Sterile Processing Services (SPS) is required at the beginning of the contract. This inspection is required to establish a preventative maintenance inspection schedule.

1.2 Description of Services: The contractor shall provide Preventive Maintenance (PM) which may consist of aligning, calibrating, cleaning, stain removal, polishing, sharpening, oiling, straightening, adjusting, replacing parts, and maintaining the equipment, as well as all emergency calls necessary between regular maintenance. These preventative maintenance services are periodic in nature and are required to maintain the equipment in such a condition that it may be operated in accordance with its intended manufacturer’s design and functional capacity with minimal incidence of malfunction or inoperative conditions. All emergency calls between regular maintenance will be done outside the contract via a separate purchase card order if it does not exceed the Micro-Purchase threshold. Instrumentation includes, but is not limited to, specialty trays by service (Neuro, Ortho, ENT etc.); curettes, hemostats, scissors, graspers, laparoscopic instruments, rongeurs, surgical knifes, etc.

1.3 Period of Performance: Required services are to be complete two (2) times per month (bimonthly). The expected performance period is a base year of twelve (12) months with four (4) option years. Each option year is twelve (12) months.

1.4 Federal Observed Holidays: Contractor is not required to report or work on Holidays as listed below or any other day specifically declared by the President of the United States to be a national holiday.

When one of the above designated legal holidays falls on a Sunday, the following Monday will be observed as a legal holiday. When one of the above designated legal holidays falls on a Saturday, the preceding Friday is observed as a holiday.

1.5 Hours of Operation: The Contractor is responsible for conducting business, between the hours of 8:00 am to 4:30 pm Monday through Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

2. SCOPE OF WORK

2.1 Contractor shall provide preventative maintenance and repair services for various surgical and procedural instruments, in accordance with the original manufactures instructions, to include but not limited to; sharpening, adjusting, aligning, straightening, , calibrating, cleaning, stain removal, polishing, oiling, adjusting, and replacement of parts. Instruments will be provided individually or as components of a specialty tray.

2.2 All preventative maintenance required by the Manufacturer to maintain the equipment in such a condition that it may be operated in accordance with its intended manufacturer’s design and functional capacity, with minimal incidence of malfunction or inoperative conditions, is required to be completed. All instruments shall be maintained in proper operating conditions and must also be in compliance with ANSI-AAMI ST-79:2010 Part 7.7 (Servicing and Repairs of Devices in the Health Care Facility), and specifications used by the instrument manufacturer.

2.3 Contractor will supply document clarifying company’s scope of work, in which will state what type of work will be able to be accomplished on-site, locally, and what will need to be sent to the company’s own lab/facility. No 3rd party repairs will be authorized. All repairs and maintenance must be performed within contractor’s mobile unit or sent to the contractor’s own lab/facility.

2.4 Instruments are to be retrieved from and delivered to the SPS department located in Lebanon VA Medical Center at 1700 S Lincoln Ave, Lebanon, PA 17042. Contact phone number: 717-272-6621 extension 4090 or 3366.

3. SPECIFIC MANDATORY TASK AND ASSOCIATED DELIVERABLES

3.1 The Contractor's employee(s) shall report to Sterile Processing Services (SPS) upon arrival at the LVAMC for the pickup and return of instruments. Departmental contacts include: Chief of SPS, Assistant Chief of SPS, Lead SPS Technician and/or the QA/QC SPS Specialist.

3.2 Provide preventative maintenance, repairs, and testing of all surgical instruments owned by the VA, including, but not limited to orthopedic (including pneumatic orthopedic instruments), neurological, laparoscopic, cardiovascular/vascular, ENT, gynecological, bariatric, gastrointestinal, and insulated items.

3.3 Maintenance and repair will be handled with care. All maintenance required by the Manufacturer to maintain the equipment in such a condition that it may be operated in accordance with its intended manufacturer’s design and functional capacity, with minimal incidence of malfunction or inoperative conditions, are required to be completed. The contractor will return instruments in as good as new condition.

3.4 The contractor will be required to test instruments for accurate alignment, sharpness, insulation and calibration per manufactures Instructions For Use (IFU). All returned inspected and repaired instruments will be stain-free and polished to a mirror finish while maintaining locator barcodes.

3.5 If an instrument is unable to be repaired, instrument must be returned to LVAMC with documentation of inability-to-repair.

3.6 All returned, inspected, and repaired instruments will be stain-free and polished to a mirror finish, while maintaining the instrument catalog number.

3.7 All instruments will have their instrument catalog number verified at each inspection and repair. The vendor will not be re-etching. The Lebanon VA will be using annealing process with their own laser in SPS.

3.8 All single instruments and surgical trays picked up/delivered by the contractor will be properly listed for accountability verification.

3.9 Vendor will provide maintenance and repair for rigid instrument containers to ensure that all lid gasket vent devices are fully functional, in accordance with manufacturer specifications. A Rigid Container Inspection sheet (provided by VA) will accompany all rigid instrument containers that are being inspected and/or repaired and must be completed and returned with container after inspection and/or repair.

3.10 Upon completion of processing the submitted trays and instruments, the contractor must provide a summary document upon delivery of processed instruments containing the following information; Date of repair, instrument type, tray description, status of instrument repair or resolution, type of repair, cost, and serial/tracking number if available. All instrumentation that are deemed unrepairable will be annotated in this log and packaged separately in a fashion to prevent intermingling of serviceable and non-serviceable equipment.

3.11 Contractor will communicate with facility if an instrument is going to take longer than expected to repair. When other instruments from the same invoice are returned to the facility, an estimated date of completion and cause of delay should be documented. No partial invoices can be submitted for payment until instruments have completed their required repairs.

4. PREVENTATIVE MAINTENANCE (BY SPECIALTY) SURGICAL INSTRUMENT TRAYS

4.1 Preventative Maintenance (PM) of Surgical Instruments will be done by the inspection of entire trays. All trays will be done annually at a minimum as per the contract schedule.

4.2 Maintenance will be performed in the contractor’s mobile unit, on the grounds of the Lebanon VA Medical Center. If it is believed a better inspection can be completed off-site, arrangements can be made with Chief or Assistant Chief o SPS. If Off-Site inspection is recommended, or repair cannot be performed in mobile unit, instrument MUST be returned within 10 business days. If an extensive repair is needed and cannot be returned within 10 business days, SPS Chief, SPS Assistant Chief, or designee must be notified.

4.3 During Preventative Maintenance inspections, instruments will also be sharpened, adjusted, aligned, straightened, calibrated, cleaned, oiled, and parts replaced in accordance with the manufacturer’s original specifications and configuration, in compliance with ANSI-AAMI ST-79 part 7.7. Any stains, sharp edges and/or scratches will be removed. Instruments should have a mirror finished appearance, with the exception of the QR Code and instrument catalog number, on return.

4.4 Instruments will 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.

4.5 All instruments that can be disassembled, will be disassembled, and undergo a detailed contractor inspection.

4.6 All cannulated items will have interior lumen flushed and visually inspected.

5. GENERAL REPAIR OF SURGICAL AND PROCEDURAL INSTRUMENTATION

5.1 Individual instrument repairs will be arranged to be performed Monday through Friday between the hours of 8:00am – 4:00pm, excluding weekends and national holidays. Instruments should be returned only via: Vendor (Hand Delivery) or Courier Services (not parcel post, FedEx, etc.).

5.2 Instruments will also be sharpened, adjusted, aligned, straightened, , calibrated, cleaned, oiled, and parts replaced in accordance with the manufacturer’s original specifications and configuration, in compliance with ANSI-AAMI ST-79 part 7.7. Any stains, sharp edges and/or scratches will be removed. Instruments should have a mirror finished appearance, except for the QR code and instrument catalog number, on return.

5.3 If any repair is estimated to be more than 50% of the replacement cost, approval must be sought from the Chief of SPS, Assistant Chief of SPS, or designee.

5.4 Contractor Representative will meet with Chief of SPS monthly about observations of trends in repairs and potential areas for increased education or cost saving initiatives. Frequency of this meeting is subject to change at any time during this contract period, based on Facility’s need.

5.5 Delicate sharp, pointed instruments will be returned covered with appropriate tip protectors.

5.6 Single instrument(s) sent out to the contractor’s own lab for repairs will be returned no later than 10 business days. No 3rd party repairs are authorized. Any rigid endoscopes, flexible endoscopes, or power equipment requiring to be inspected or repaired in contractor’s lab or facility, will require contractor providing a loaner for that period. If an instrument would be a specialty instrument or one-of-a kind instrument, a loaner will also need to be provided for the time contractor has the item.

5.7 All Urgent instrument repairs will have a 48-hour turnaround time.

5.8 All Emergency Instrument Repairs will have a 24-hour turnaround time.

5.9 If an instrument is un-repairable the contractor will notify SPS Tel. (717) 272-6621 extension 4377, 3840, or 3366 for further instructions.

5.10 The contractor shall provide repair service invoices. All correspondence invoices shall include the current contract number. Billings shall be made in by certified invoice.

5.11 All repairs shall be completed according with all terms within this Statement of Work.

6. VA MONITORING:

6.1 The contractor shall make recommendations for surgical instrument replacement, which may be pertinent to meet the scope of surgical trays completion.

6.2 Continued instrument repairs, quality improvement monitoring, and turnaround time, as well as contract compliance, will be progressively and jointly monitored by the VA SPS and Surgical Service COR.

6.3 COR will designate appropriate VA personnel to monitor contractor employee work hours/services through one or a combination of the following mechanisms:

6.3.1 The COR jointly with the Chief of SPS will monitor Contractor instrument pick-up and drop-off through written logs and schedules, to ensure that services called for in the contract have been received by the VA.

6.3.2 Documentation of services performed will be reviewed by the COR prior to certifying payment. The COR will perform periodic documents checks with the using service to ensure records monitoring.

6.3.3 Periodic Customer Service interviews with End Users, to user quality work are being performed to their standards.

6.4 VA will pay only for services performed at VA and at the contractor’s location, and in strict accordance with the schedule of prices/costs shown in the schedule of items. Contract monitoring and recordkeeping procedures will be sufficient to ensure proper payment and allow audit verification that services were provided.

6.5 Any incidents of Contractor noncompliance as evidenced by the monitoring procedures will be forwarded immediately to the Contracting Officer (CO) by the COR.

6.6 Bi-weekly invoices will be submitted to the Chief of SPS, or designee at the beginning of the contract, until it is determined that billing documentation meets requirements. Bi-weekly invoices must be approved by LVAMC prior to the monthly invoices being submitted to Financial Services Center in Austin, Texas by the contractor. The COR will verify that services were performed against contractors certified delivery repairs document. Only after verification are invoices certified for payment.

6.7 A full billing catalog must be provided to LVAMC, to facilitate billing audits.

7. VENDOR/CONTRACTOR REQUIREMENTS

7.1 Vendor will provide documentation of staff training, competencies, and any pertinent certifications, in relation to the repairs they will be conducting.

7.2 Contractor shall be compliant with relevant VA Policies and with AAMI ST-79:2010 Part 7.7 standards (Servicing and Repairs of Devices in the Health Care Facility).

7.3 A Mobile Repair Unit is required to be used on VA Facility (with only required extensive or specialized items that would require being sent to the contractor’s own lab/facility) and will properly display the contractor’s name and permit numbers. The mobile unit should be self-sustained with electrical power, air compressor, etc.

7.4 The contractor will have a minimum of 5 years’ experience providing these services to Hospital or Major Medical Center.

7.5 Vendor will provide VA SPS staff with two (2) CEU eligible in-services, on instrumentation, per year.

8. DOCUMENTATION REQUIREMENTS

8.1 Contractor will sign out all instruments /surgical trays removed from LVAMC for repairs.

8.2 Repaired instruments returned to SPS will be on a detailed list document provided by the contractor containing the following information: date of repair, instrument type, type of repair, and cost.

8.3 The hand-written checklist/delivery slip will be checked against the instruments returned after repairs.

8.4 A quarterly Surgical Instrument Trays Maintenance Inspection certification shall be provided to the COR.

9. SPS AND SURGICAL SERVICE OPERATING ROOM (OR) SUPPORT

The VA SPS will be the point of contact for all surgical instrument pickups and returns. The returned repaired instruments will be inspected and reprocessed in SPS. Any instruments that fail the quality check by the OR will be re-processing by SPS and returned to the contractor for additional repairs, at no additional cost to the facility.

10. SECURITY CLEARANCE

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

10.2 An ID badge will be issued by the VA Police which needs to be presented by contractor’s employee at the VA entrance security check points. The issued badge is for official pickup and deliveries of surgical instruments and trays. No VA network access will be given to contractor or their employees.

10.3 Contractor mobile unit(s) shall be registered with the LVAMC Police Department.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Mobile Instrument Sharpening and Repair in accordance with Statement of Work. Unit of Issue "Each" equals Days

Contract Period: Base POP Begin: 08-01-2021 POP End: 07-31-2022

Mobile Instrument Sharpening and of Work. Unit of Issue "Each" equals Days

Contract Period: Option 1 POP Begin: 08-01-2022 POP End: 07-31-2023

Mobile Instrument Sharpening and of Work. Unit of Issue "Each" equals Days

Contract Period: Option 2 POP Begin: 08-01-2023 POP End: 07-31-2024

Mobile Instrument Sharpening and of Work. Unit of Issue "Each" equals Days

Contract Period: Option 3 POP Begin: 08-01-2024 POP End: 07-31-2025

Mobile Instrument Sharpening and of Work Unit of Issue "Each" equals Days

Contract Period: Option 4 POP Begin: 08-01-2025 POP End: 07-31-2026

GRAND TOTAL

SECTION C - CONTRACT CLAUSES

C.1 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021) (JUL 2020) (DEVIATION)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved] [] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

[] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-4.

[] (13) [Reserved] [] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-6.

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219–9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (JUN 2020) of 52.219–9.

[] (v) Alternate IV (JUN 2020) of 52.219–9.

[] (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (ii) Alternate I (MAR 2020) of 52.219-13.

[] (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[X] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

[X] (22)(i) 52.219-28, Post Award Small Business Program Re-representation (NOV 2020) (15 U.S.C 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219-28.

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C. 637(m)).

[] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)).

[] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[] (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)) [X] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JUL 2020) (DEVIATION) (E.O. 13126).

[X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (30)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (ii) Alternate I (FEB 1999) of 52.222-26.

[] (31)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[] (ii) Alternate I (JULY 2014) of 52.222-35.

[X] (32)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

[] (ii) Alternate I (JULY 2014) of 52.222-36.

[X] (33) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[] (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[] (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (OCT 2015) of 52.223-13.

[] (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-14.

[] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

[] (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (44) 52.223–18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

[] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[] (47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[] (ii) Alternate I (JAN 2017) of 52.224-3.

[] (48) 52.225-1, Buy American—Supplies (JAN 2021) (41 U.S.C. chapter 83).

[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (JUL 2020) (DEVIATION) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate II (JUL 2020) (DEVIATION) of 52.225-3.

[] (iii) Alternate III (JUL 2020) (DEVIATION) of 52.225-3.

[] (50) 52.225–5, Trade Agreements (JUL 2020) (DEVIATION) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (52) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[X] (55) 52.229–12, Tax on Certain Foreign Procurements (JUN 2020).

[] (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

[] (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[] (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[] (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

[] (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

[] (ii) Alternate I (Apr 2003) of 52.247-64.

[] (iii) Alternate II (FEB 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[X] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[X] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[X] (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

[X] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

[] (9) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(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 Subpart 4.7, Contractor Records Retention, of the 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 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.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203–13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).

(iv) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115–232).

(v) 52.219–8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vii) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

(viii) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(ix) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(x) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xiii)(A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xx) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(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 15 days prior to the contract expiration date.

(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 15 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

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

(End of Clause)

C.5 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.] [] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[X] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

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

[] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause) C.6 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause)

C.7 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract. Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO.