36C24422Q0554 Cataract Erie updated 5-5-2022.docx

36C24422Q0554

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

562-22-4-018-0010

05-05-2022 Cheryl Honick 412-822-3749 05-19-2022

2PM

EDT

36C244 Department of Veterans Affairs Network Contracting Office 4

1010 Delafield Road Pittsburgh PA 15215

X

Y 621399 $8 Million

N/A

Erie VA Medical Center

135 East 38th Street Erie PA 16504 36C244 Department of Veterans Affairs Network Contracting Office 4

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 cataract surgery equipment, disposables and technical support personnel for a 5-year Firm-Fixed Price Indefinite Delivery Indefinite Quantity contract using tiered evaluation. The period of performance is five (5) Years. Individual task orders will be issued for each annual period of service, contingent upon availability of VA Funding. All questions pertaining to this solicitation shall be emailed to Cheryl.Honick.gov no no later than 4 days prior to the solicitation expiration date.

See CONTINUATION Page

Mark Knorr

Table of Contents

E.2 52.212-2 EVALUATION—COMMERCIAL ITEMS (NOV 2021)……….42

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C244 Mark Knorr

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:

Statement of Work

1. Contract Title: Cataract Surgery Support

2. Background:

The Department of Veterans Affairs in Erie, Pennsylvania requires a Contractor for cataract surgery for patients at the Erie VA Medical Center, which is located at 135 East 38 Street, Erie, PA 16504. The Contractor shall provide the equipment, disposables, supplies, and surgical technician needed to perform these services. Services will typically be scheduled for three to four times per month, with 6-9 surgical cases scheduled per surgery date, over the contract term at the Erie VAMC.

Under the authority of Public Law 104-262 and 38 U.S.C. 8153, the Contractor agrees to provide Health Care Resources in accordance with the terms and conditions stated herein, to furnish to and at the Department of Veterans Affairs Medical Center, the services and prices specified herein.

3. Scope:

A. Erie, PA VAMC has a need to continuously utilize cataract equipment rental and outsourcing services for cataract procedures. The minimum day charge applies when the contractor makes timely delivery of the equipment and supplies to the VAMC’s site on a schedule day. If the equipment and supplies are delivered to the VAMC’s site and equipment is inoperable for 60 minutes or more with the result that the designated surgeon must postpone surgical procedures, the contractor will forego the charge for that surgical procedure.

B. The general scope of the work the contractor will be performing is to supply the government (Erie VAMC) with a rental of mobile cataract equipment and a trained surgical technician to operate the cataract equipment and assist with room turnover (as needed) on specific scheduled days designated by the VAMC. The trained surgical technician will bring the requested cataract equipment directly to the operating room at the VAMC for use in operative procedures. It is expected that all requested cataract equipment will meet the inspection criteria of the VAMC BioMed Department. In addition to monitoring cataract equipment before and during procedures, the surgical technician shall serve for all associated supplies and accessories.

4. Specific Tasks:

A. The types of cataract equipment required by this VA facility will be determined by the VA Operating Room Physician to include the Zeiss Lumera I Microscope, observer lens, and appropriate handle covers, Phacoemulsification Unit, Cataract instrument trays, as well as all necessary disposables and IOL lenses as outlined below:

TABLE 1

Cataract Service

Equipment, Instruments, & Disposables

Phaco-Alcon Centurion (back-up machine)

Zeiss Lumera I Microscope Unit Per Visit (1) to include Observer Camera System

Stryker Surgistool (1)

TABLE 2

Equipment, Instruments, & Disposables

Instrument Set Per Visit (8)

Instrument Tray

Infinity Hand piece

Hard scope knobs

Universal scope knobs

Nagahara Chopper (added to each instrument tray)

TABLE 2

Equipment, Instruments, & Disposables

Lieberman speculum

Thornton Ring

Drysdale

I/A Tip (8065-817801)

Lens Loading Forceps

Monarch iii

Straight Sinkey Hook

MST IOL Cutter Set DFH-0012, DFH 0019, and DFH-0028 Per Visit (8)

Zeiss Lumera Microscope Handle Set per Visit (8)

Utrata Forcep E2002 Per Visit (8)

PRN Extra Instruments (3 Sets)

.12 Forceps

Vannas Scissors

Cyclodialysis Spatula

Angled McPherson Tying Forcep

Straight McPherson Tying Forcep

Suture Set Trays

Wescott Scissor

Malyugin Ring Manipulator

Disposables

Threaded Unipak Per Visit (8)

CTR Injector Per Visit (1)

Malyugin Ring Manipulator Per Visit (3)

Cataract Pack, V160 (Custom Pack) 1 pack/patient

Disposables Continued

Centurion Phaco Pack FMS with 0.9mm Ultra, ABS Balanced 45 Bevel Up Pink 1 pack/patient

Kelman 45 degree 0.9mm Mini Flared ABS Tip

Tip, Single Use, Curved 0.3 mm Polymer I/A (8)

BSS Sterile Irrigating 500ML Bag (1/patient)

BSS 15 ML (1/patient)

Viscoelastic Duovisc- Viscoat.5- Provisc .55 (1/patient)

Clearcut Slit Knife 2.4 SB

Sideport Knife Dual Bevel 1.0 mm angled (1/patient)

Keratome Blade 2.4mm Intrepid Single Bevel (1/patient)

Cartridge Lens, Monarch “D” SN60WF (1/patient)

Cystotome, Side Cutting Irrigating 25g x5/8 (1/patient)

Drape, Aperture Plastic with Pouch 16 X 24 (1/patient)

Drape, Head and Neck (1/patient)

Drape, Sheet Split 76 X 120 (1/patient)

Drape, Occular Occluder 4 3/4 X 1 7/8 (1/patient)

Shield, Eye Aluminum with Blue Garter (1/patient)

Paracentesis Blade 15' x 3mm (1/patient)

Cannula Anterior Chamber 27ga x 7/8mm (1/patient)

Cannula Hydrodissection 25ga x 7/8mm (1/patient)

Cautery Pencil 18ga (1/patient)

Drape, Aperature Paper 65 x 100 (1/patient)

Drug Labels, Sterile (1/patient)

Needle Counter 20/cnt (1/patient)

Needle Retrobulbar 25ga x 1 1/2" Atkinson (1/patient)

Lens, Alcon SN60WF – standard (1/patient)

Lens, Alcon MN60AC - available for use only on an emergent basis

Lens, Alcon MTA4UO - available for use only on an emergent basis

DIB00 lens

SA60WF lens

Glove PROTEXIS PI Micro Polyisoprene Latex & Powder Free SZ 8.0 (2/patient)

"B" Monarch II cartridge

Sharp Tip Microsponge (Weck cells)

Intrepid Ultra Sleeves .9 mm 30 degree ABS Intrepid Balance Tip

Retrobulbar (sharp)Atkinson .50 x 38 mm (25 G x 1 1/2 in)

Implants Capsular Tension Ring Type -10 C, Type 14 C

Injector for Capsular Tension Ring

8065-751511 Angled IA

8065-921541 1.2mm blade

Miostat (PRN)

B. The cataract equipment must be mobile, and able to accommodate cataract surgery procedures.

C. A detailed document outlining the IOL lenses implanted with the patient specific information will be provided to the Erie VAMC’s Prosthetic staff within 24 hours of completion of scheduled procedures.

D. The types of cataract surgical supplies required by the Erie VAMC will include all such supplies as specified by each surgeon as he/she deemed necessary to perform cataract procedures. The surgeon’s specific equipment and case supplies are listed above and are all inclusive. Additions or changes to listing will be executed through bi-lateral contract modification.

E. The surgical technician will bring in the requested equipment and supplies directly to the operating room at the VAMC for use in operative procedures. It is expected that all requested equipment meets the inspection criteria of the VAMC BioMed Department. In addition to monitoring cataract equipment before and during procedures, the surgical technician shall serve for all associated supplies and accessories.

F. Approximately 6-9 cataract surgical procedures are anticipated to be scheduled for a surgical day on a monthly basis with the possibility of increasing services to three to four days per month during the term of the contract. A minimum of five (5) cases are expected to be performed for each surgical day.

G. The Contractor may waive the five (5) case minimum per visit requirement in this contract, however, the Government will be billed for a minimum of one (1) day of labor to perform services as identified in the SOW.

H. An orientation session between the Erie VAMC, the VA Ophthalmologist, and the awarded contracted vendor will be scheduled prior to the first scheduled procedure date for cataract surgeries. This orientation/start-up process will include a day of preparation to review the cataract equipment, supplies, patient flow, and individual roles to include the following members: the VAMC’s Ophthalmologist, the VAMC’s OR Nursing staff, the vendor’s Surgical Technician and the vendor’s Contract Representative. The orientation date should be scheduled within three weeks of the contract awarded date and the first cataract procedure date scheduled per the Ophthalmologist’s first availability. Additionally, the surgical technician will provide orientation/training to VA medical center staff during the first four initial surgical days. Additional training and orientation days may be ordered as necessary.

5. Performance Monitoring:

A. The objective standard of acceptable performance that is to be provided by the contractor is to have a trained surgical technician on the premises, readily available, on the day when the procedure(s) is/are being performed. The duties of the Surgical Technician are to set up the equipment and monitor the performance of the equipment during each surgical procedure making any adjustments as directed by the physician. In addition, the Surgical Technician assists the Operating Room staff in staging supplies and turning the Operating Room between cases. The Surgical Technician will report directly to the operating ophthalmologist while assisting with the surgical procedures.

B. The contractor should also acknowledge that the cataract surgery equipment is in good working condition and is regularly maintained. The contractor will be liable for damages should patient injury result due to equipment malfunction. The contractor must also indicate that sufficient insurance coverage is maintained for its contracted employees and for its equipment. The Contractor will maintain, for the term of this contract, fire and theft insurance coverage for the equipment. In addition, the Contractor will maintain, for the term of this agreement, general and professional liability insurance regarding their cataract services.

6. Privacy & Security Requirements:

A. All contractor employees are subject to the same level of investigation as VA employees who have access to VA sensitive information or access to VA facilities. The background investigation includes the following requirements: 1) Completed documentation 2) Fingerprints 3) Completion of OPM’s e-QIP Questionnaire. The Contractor is required to fulfill all of the security requirements. The Contractor, upon completion of fingerprinting, and an initial suitability determination, may be authorized tentative access to start the performance period of the contract, but only on condition of completion of all security requirements. This requirement is applicable to all subcontractor personnel requiring the same access.

B. The contractor shall bear the expense of obtaining background investigations. If the investigation is conducted by the Office of Personnel Management (OPM) through the VA, the contractor shall reimburse the VA within 30 days.

C. Contract staff accessing and processing tasks containing Patient Health Information (PHI) will complete required Privacy and HIPPA training as outlined in SOW and provide certificates of completion to COR.

D. Since the vendor will be accessing Patient Health Information (PHI), upon contract award, vendor will be required to complete a Business Associated Agreement (BAA) with Erie, PA VAMC Privacy Officer BEFORE any contract work begins UNLESS is determined there is a National Level BAA in place with VHA.

7. Government Furnished Equipment & Government Furnished Information:

A. The VAMC certifies that each surgeon designated by the VA to operate the cataract equipment is trained and competent in the use of that equipment in his or her surgical capacity. The VAMC maintains a facility adequate and suitable for the operation of the equipment. VAMC shall perform or cause to be performed all medical services, supervision, diagnosis and patient care in accordance with all applicable professional standards. Further, each designated surgeon shall protect the cataract equipment from injury (including attempted modification) and the VAMC shall be liable to the contractor for damages occasioned by improper use or handling, carelessness or neglect of the equipment.

B. The contractor will have a trained Surgical Technician on the premises, readily available, on the day when the procedure(s) is/are being performed. Only VAMC’s employees, while in the performance of their official duties, and not the contractor’s employees, are covered by the Federal Tort Claims Act, 28 U.S.C. §1346(b), 2671 through 2680. The contractor acknowledges that the cataract equipment is in good working condition and is regularly maintained. The contractor will be liable and indemnify the VAMC for damages should patient injury result due to equipment malfunction. The contracted vendor acknowledges that it maintains sufficient insurance coverage.

8. Erie VAMC Responsibilities:

A. The VAMC shall provide a qualified and credentialed ophthalmologist and circulating Registered Nurse (RN) to perform all cataract surgeries.

B. The VAMC staff in the Sterile Processing Department will be responsible for appropriate sterilization practices regarding all instrument trays and reusable medical equipment.

C. The VAMC will be responsible for providing the following patient care components for each cataract surgical procedure:

● Preparing patients for procedure

● Transporting the patient

● Administering anesthesia and/or pharmaceuticals to include pre and post op eye drops as per ophthalmologist’s orders

● Administration of life-saving emergency services

● Provide IOL lens information to the Contractor prior to cataract surgery within one week prior to surgical date

● Supply the patient stretcher appropriate for cataract surgeries

D. Three to four surgical days will be scheduled per month by the Erie VAMC. Specific days of service will occur during normal business hours and will be mutually agreed upon between the Erie VAMC and the Contractor.

E. The Erie VAMC Optometry Service, the OR Nursing staff, or the designated surgeons shall assure that surgical consent forms have been received from all patients prior to the scheduled surgery.

9. Contractor’s Responsibilities:

A. Contractor will hold and submit certificates of insurance for general liability and malpractice insurance, workmen’s compensation and vehicle insurance. Under no circumstances are contractor’s employees considered VAMC employees.

B. Surgical Technician(s) must be trained on equipment operations, HIPAA, surgical procedures, intraocular lens, blood borne pathogens, OR fire safety, micro instruments, OR protocol, sterile technique, cultural diversity, and customer service.

C. The Contractor’s Surgical Technician shall be technically proficient in the skills necessary to fulfill the government’s requirements, including the ability to speak, understand, read and write English fluently. Contractor shall provide documents upon request of the CO/COR to verify current and ongoing competency, skills, and training related to the provision of care, treatment and/or services performed. Contractor shall provide verifiable evidence of all educational and training experiences including any gaps in educational history.

D. The contractor is responsible for keeping equipment in good working order and shall provide all maintenance, repairs and upgrades to the equipment as required, keeping it in optimal condition. Contractor will be responsible for providing the Contracting Officer Representative (COR) preventative maintenance records and safety checks at the start up and each time the mobile equipment is inspected.

E. Surgical Technician is subject to the same quality assurance standards as established by The Joint Commission (JC).

F. The contractor will provide services in accordance with ethical, professional and technical standards of the health care industry.

G. Contractor’s personnel shall be certified in American Heart Association Basic Life Support (BLS) prior to commencing work under this contract. BLS certification must be kept up to date and copies provided to the COR upon contract award and as renewed thereafter.

H. The contractor shall wear visible identification at all times while on the premises of the Erie VAMC. The VAMC will not invalidate or make reimbursement for parking violations or charges for the contractor under any conditions. Smoking is prohibited inside any buildings at the VAMC. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

10. Work Hours:

A. The services covered by this contract shall be furnished by the Contractor as defined herein. The Contractor will not be required, except in case of emergency, to furnish such services during off duty hours as described below.

Work Hours: Monday – Friday, 7:00 a.m. – 4:00 p.m.

B. Federal Holidays Observed by the VAMC: New Year’s Day, Martin Luther King’s Birthday, President’s Day, Memorial Day, Juneteenth Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day.

Off-Duty Hours: Friday at 3:30 p.m. through Monday – 7:00 a.m.

Monday - Friday, 3:30 p.m. – 7:00 a.m.

When a holiday falls on a Sunday, the following Monday shall be observed as a legal holiday by the U.S. Government agencies. When a holiday falls on a Saturday, the preceding Friday shall be observed as a legal holiday.

Also included would be any other day specifically declared by the President of the United States to be a National Holiday.

11. Personnel Policy:

A. All Contractor employees providing services on-station at the Erie VAMC are required to comply with the facility's immunization policy. As such, contract employees must submit proof of health care requirements per VA policy. No contract employees will be authorized to commence work until all health care requirements are met and cleared by the VA Occupational Health Office.

Flu Immunization: VHA Directive 1192 requires all Healthcare personnel (HCP) to participate in seasonal influenza prevention programs and outlines the key implementation steps. HCP are defined as all VA licensed and unlicensed, clinical and administrative, paid and unpaid, full- and part-time employees, intermittent employees, fee basis employees, VA contractors, students, researchers, volunteers, and trainees who work in VHA locations. HCP covered by the policy are expected to receive the annual influenza vaccination. Those HCP unable or unwilling to be vaccinated are required to wear a face mask throughout the influenza season. Masks are available at entrances throughout the medical center. It is the responsibility of the contractor to ensure that all contract staff is compliant with the requirements outlined in VHA Directive 1192. The contractor shall maintain the following documentation:

Documentation of vaccination, e.g., signed record of immunization from a health care provider or pharmacy, or a copy of medical records documenting the vaccination.

Completed Health Care Personnel Influenza Vaccination Form (Attachment B of VHA Directive 1192) if unwilling or unable to receive the vaccine.

The contractor is required to submit annual certification to the Contracting Officer’s Representative (COR) that all contract staff performing services at VA facilities are in compliance with VHA Directive 1192.

VHA Supplemental Contract Requirements for Combatting COVID-19. Contractor employees who work in or travel to VHA locations must comply with the following:

Documentation requirements:

If fully vaccinated, contractors shall show proof of vaccination.

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

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

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

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

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

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

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

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

12. Place of Performance: The work will be performed at the Erie VAMC, 135 East 38 Street, Erie, PA 16504.

13. Period of Performance: 5 year Firm Fixed Price IDIQ

14. Delivery Schedule:

A. On each scheduled surgical day, the contractor shall deliver the cataract equipment and disposable to the Erie VAMC the day before the surgical procedure is scheduled. The VAMC shall afford the contractor with advance notice of the number of procedures to be performed for the purpose of providing required supplies. Such advance notified shall be provided no later than four working days prior to the scheduled visit.

B. Instrument trays and any other equipment that require sterilization at the Erie VAMC will be housed and maintained in the Erie VAMC’s Sterile Processing Department at all times.

The Erie VAMC’s Sterile Processing Service (SPS) is requiring a minimum of eight (8) trays to be kept at the facility with additional trays correlating to the number of surgeries scheduled for that day, plus one spare tray being available. In addition, two sets of necessary emergency instrumentation should also be kept on-site.

C. The VAMC shall afford the contractor not less than 24 hours telephone notice of the time of the first procedure. In the event the VA surgeon is unable to arrive at the VA the day of scheduled procedures due to emergent situations, the contractor will be immediately notified and may remove the equipment from the Operating Room. As an alternative, the party giving notice may request that the VAMC and the contractor adopt an alternative time. Due to the Erie VAMC’s patient commitments and the contractor’s itinerary, the rights to cancel and to request a change may be exercised sparingly. The contractor may remove the cataract equipment at the conclusion of the last scheduled surgical procedure.

D. Contingency Plan: Because continuity of care is an essential part of the Erie VAMC’s medical services, the Contractor shall have a contingency plan in place to be utilized in the event equipment or supplies or contractor personnel are unavailable for scheduled surgical procedure dates in accordance with the terms and conditions of the resulting contract.

15. Contractor Personnel Security Requirements:

A. Completion of mandatory annual training will be completed in the Talent Management System (TMS). Training completion will be verified through TMS records.

B. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:

• Sign and acknowledge (electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix A annually relating to access to VA information and information systems through TMS.

• Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training electronically through TMS.

• Successfully complete the VA Privacy training and annually complete required privacy training electronically through TMS; and

• Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document – e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.]

C. The contractor shall provide to the Contracting Officer and/or the COR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within one week of the initiation of the contract and annually thereafter, as required.

D. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete. Contractor will be required to provide substitution of personnel.

16. Invoicing/Billing:

A. Invoice requirements and supporting documentation: Supporting documentation and a properly prepared invoice must be submitted no later than the 15th workday of the following month of services rendered. If the COR refuses an invoice due to incorrect billing, subsequent changes or corrections to the monthly invoice shall be resubmitted by the vendor with a corrected invoice. In addition to information required for submission of a “proper” invoice in accordance with FAR 52.212-4 (g), all invoices must include:

● Name and Address of Contractor

● Invoice Date and Invoice Number

● Contract Number and Purchase/Task Order Number

● Date of Service

● Contractor’s physician(s)

● Quantity of surgical procedures completed

● Patient identification (Last Four SSN)

● Total price

B. Vendor Electronic Invoice Submission Methods: Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods below:

Invoices will be electronically submitted to the Tungsten website at http://www.tungstennetwork.com/uk/en/ Tungsten direct vendor support number is 877-489-6135 for VA contracts. The VA-FSC pays all associated transaction fees for VA orders. During Implementation (technical set-up) Tungsten will confirm your Tax Payer ID Number with the VA-FSC. This process can take up to 5 business days to complete to ensure your invoice is automatically routed to your Certifying Official for approval and payment. In order to successfully submit an invoice to VA-FSC please review “How to Create an Invoice” within the how to guides. All invoices submitted through Tungsten to the VA-FSC should mirror your current submission of Invoice, with the following items required. Clarification of additional requirements should be confirmed with your Certifying Official (your CO or buyer). The VA-FSC requires specific information in compliance with the Prompt Pay Act and Business Requirements. For additional information, please contact:

Tungsten Support Phone: 1-877-489-6135 Website: http://www.tungsten-network.com/uk/en/ Department of Veterans Affairs Financial Service Center Phone: 1-877-353-9791 Email: vafscched@va.gov C. The Contractor shall not bill, charge, collect a deposit from, seek compensation, remuneration, or reimbursement from, or have any recourse against, any person or entity other than VA for services provided pursuant to this contract. It shall be considered fraudulent for the Contractor to bill other third- party insurance sources (including Medicare) for services rendered to Veteran enrollees under this contract. The Contractor shall accept payment for services rendered under this contract as payment in full. This provision shall survive the termination or ending of the contract.

B.2 PRICE/COST SCHEDULE

Notes & Instructions:

Contract type will be Fixed Price, Indefinite Delivery, Indefinite Quantity (IDIQ) with five- year period of performance. Contract type was selected as the Government cannot adequately predict the exact number of cases that will need to be performed in any given period of time. Offerors are permitted to propose escalated prices over the five-year period. Offerors may also propose quantity discounts per number of cases performed. Fill in prices below under contract line items (CLINs) 0001 through 4001; be sure to also provide a grand total.

Once the contract is awarded, rates will be fixed by year throughout the contract. Task orders will be issued in accordance with the terms and conditions of the contract. Task Orders may be issued by e-mail, facsimile, or US Mail. Minimum value of services to be ordered over the life of the contract is $179,000.00. Maximum value of services to be ordered over the life of the contract is $2,047,000.00.

ITEM INFORMATION

Provision of equipment, disposables, supplies, and surgical coordinator services needed to perform cataract surgeries on a per surgical case basis. POP 8/1/22 - 7/31/23. Base Year.

PRINCIPAL NAICS CODE: 621399 - Offices of All Other Miscellaneous Health Practitioners PRODUCT/SERVICE CODE: Q512 - Medical - Optometry

Surgical Technician to perform orientation and training of VA staff. Contract Period: Base POP Begin: 8/1/2022 POP End: 7/31/2023

Provision of equipment, disposables, supplies, and surgical coordinator services needed to perform cataract surgeries on a per surgical case basis.

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

Provision of equipment, disposables, supplies, and surgical coordinator services needed to perform cataract surgeries on a per surgical case basis.

POP Begin: 08-01-2024 POP End: 07-31-2025

Provision of equipment, disposables, supplies, and surgical coordinator services needed to perform cataract surgeries on a per surgical case basis.

POP Begin: 08-01-2025 POP End: 07-31-2026

PRODUCT/SERVICE CODE: Q512 - Medical – Optometry

Provision of equipment, disposables, supplies, and surgical coordinator services needed to perform cataract surgeries on a per surgical case basis.

POP Begin: 08-01-2026 POP End: 07-31-2027

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SECTION C - CONTRACT CLAUSES

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

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C.