36C24422Q1091.docx
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36C24422Q1091
PAGE 1 OF
1. REQUISITION NO.
2. CONTRACT NO.
3. AWARD/EFFECTIVE DATE
4. ORDER NO.
5. SOLICITATION NUMBER
6. SOLICITATION ISSUE DATE
a. NAME
b. TELEPHONE NO. (No Collect Calls)
8. OFFER DUE DATE/LOCAL
TIME
9. ISSUED BY
CODE
10. THIS ACQUISITION IS
UNRESTRICTED OR
SET ASIDE:
% FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS:
SIZE STANDARD:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ
IFB
RFP
15. DELIVER TO
CODE
16. ADMINISTERED BY
CODE
17a. CONTRACTOR/OFFEROR
CODE
FACILITY CODE
18a. PAYMENT WILL BE MADE BY
CODE
TELEPHONE NO.
UEI:
EFT:
PHONE:
FAX:
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED
SEE ADDENDUM
19.
20.
21.
22.
23.
24.
ITEM NO.
SCHEDULE OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA
26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
ARE
ARE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
ARE
ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________
29. AWARD OF CONTRACT: REF. ___________________________________ OFFER
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DATED ________________________________. YOUR OFFER ON SOLICITATION
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
(REV. NOV 2021)
PREVIOUS EDITION IS NOT USABLE
Prescribed by GSA - FAR (48 CFR) 53.212
7. FOR SOLICITATION
INFORMATION CALL:
STANDARD FORM 1449
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
646-22-4-233-0516 36C24422Q1091 08-10-2022 Allan Tabliago 215-823-5800 08-16-2022 16:30
EDT
00244 Department of Veterans Affairs Network Contracting Office 4 100 S. Independence Mall West 5th FL Philadelphia
PA
19106 X 334510 1250 Employees N/A X See Delivery Schedule
00244 Department of Veterans Affairs Network Contracting Office 4 100 S. Independence Mall West 5th FL Philadelphia
PA
19106
Austin Payment Center Department of Veterans Affairs PO Box 149971 Austin
TX
78714-9971
(877) 353-9791
(512) 460-5429 See CONTINUATION Page
1. This requirement is for the purchase and delivery of the PN 27820KAA Nephroscope F/MIP S7.5 FR for the NCO 4 Network.
2. This is Brand Name Only.
3. Schedule on Page 4.
4. Instructions to Vendors on Page 35.
See CONTINUATION Page X X X Andrew Taylor Table of Contents
| SECTION A | 1 |
| A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES | 1 |
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 3 |
| B.1 CONTRACT ADMINISTRATION DATA | 3 |
| B.2 PRICE/COST SCHEDULE | 4 |
| ITEM INFORMATION | 4 |
| B.3 DELIVERY SCHEDULE | 10 |
| SECTION C - CONTRACT CLAUSES | 21 |
| C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 21 |
| C.2 52.222-19 CHILD LABOR—COOPERATION WITH AUTHORITIES AND REMEDIES (JAN 2022) (JUL 2020) (DEVIATION) | 21 |
| C.3 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020) | 22 |
| C.4 VAAR 852.212-71 GRAY MARKET ITEMS (APR 2020) | 24 |
| C.5 VAAR 852.212-72 GRAY MARKET AND COUNTERFEIT ITEMS (MAR 2020) | 24 |
| C.6 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018) | 25 |
| C.7 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018) | 25 |
| C.8 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) | 26 |
| C.9 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018) | 26 |
| C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) | 27 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 35 |
| SECTION E - SOLICITATION PROVISIONS | 36 |
| E.1 52.212-1 INSTRUCTIONS TO VENDORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) | 36 |
| EVALUATION CRITERIA | 37 |
| E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 38 |
| E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) | 38 |
| E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) | 41 |
SECTION B - CONTINUATION OF SF 1449 BLOCKS
None
B.1 CONTRACT ADMINISTRATION DATA
1. Contract Administration: All contract administration matters will be handled by the following individuals:
a. CONTRACTOR:
POC:
Phone No.:
Email:
b. GOVERNMENT: Contracting Officer 36C244 Allan Tabliagp Department of Veterans Affairs Network Contracting Office 4 100 S. Independence Mall West 5th FL
Philadelphia PA 19106
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
| [X] |
| 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or |
| [] |
| 52.232-36, Payment by Third Party |
3. INVOICES: Invoices shall be submitted in arrears:
| a. Quarterly | [] |
| b. Semi-Annually | [] |
| c. Other | [X] Based upon acceptance and receipt of goods |
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.
https://www.tungsten-network.com/customer-campaigns/veterans ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
| AMENDMENT NO |
| DATE |
B.2 PRICE/COST SCHEDULE
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1.00 |
| EA |
| __________________ |
| __________________ |
NEPHROSCOPE F/MIP S, 7.5FR., AUTOCLAF., CHNL 2 FR.,CHNL 3FR. EIL 430 CSN: 6515-438644 NXA-PLAN-SURGICAL-NEPHROSCOPE PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies
MANUFACTURER PART NUMBER (MPN): 27820KAA
LOCAL STOCK NUMBER: 27820KAA
| 1.00 |
| EA |
| __________________ |
| __________________ |
INSTRUMENT PORT WITH SEALING SYSTEM AND QUICK RELEASE LOCK, SINGLE CHANNEL
PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies
MANUFACTURER PART NUMBER (MPN): 27001G
LOCAL STOCK NUMBER: 27001G
| 1.00 |
| EA |
| __________________ |
| __________________ |
LUER-LOCK CONNECTOR WITH STOPCOCK
PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies
MANUFACTURER PART NUMBER (MPN): 27502
LOCAL STOCK NUMBER: 27502
| 1.00 |
| EA |
| __________________ |
| __________________ |
INSTRUMENT PORT SEALS FOR 27001G AND 27001GF, 10/PKG, NON-STERILE, SINGLE USE
PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies
MANUFACTURER PART NUMBER (MPN): 27550N
LOCAL STOCK NUMBER: 27550N
| 1.00 |
| EA |
| __________________ |
| __________________ |
INSERTION AID FOR GUIDE WIRE FOR URETERORENOSCOPY
PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies
MANUFACTURER PART NUMBER (MPN): 27001E
LOCAL STOCK NUMBER: 27001E
| 1.00 |
| EA |
| __________________ |
| __________________ |
PERCUTANEOUS NEPHROSCOPY STERILIZATION TRAY 20" X 9.5" X 4" The kit part number is composed of the following products: 39312J TRAY, PERCUTANEOUS NEPHROSCOPY SET DM: 20" X 9.5" X 4"
PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies
MANUFACTURER PART NUMBER (MPN): 39312J-ZBZ
LOCAL STOCK NUMBER: 39312J-ZBZ
| 1.00 |
| EA |
| __________________ |
| __________________ |
OPERATING SHEATH FOR MIP S, 11/12FR. FOR SUPINE POSITION, 18CM
PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies
MANUFACTURER PART NUMBER (MPN): 27820BBS
LOCAL STOCK NUMBER: 27820BBS
| 1.00 |
| EA |
| __________________ |
| __________________ |
DILATOR, 11/12FR., FOR MIP S, WITH CENTRAL CHANNEL FOR GUIDE WIRE
PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies
MANUFACTURER PART NUMBER (MPN): 27820AB
LOCAL STOCK NUMBER: 27820AB
| 1.00 |
| EA |
| __________________ |
| __________________ |
LIGHT CABLE, 3.5MM X 300CM (9.8') The kit part number is composed of the following products: 495ND LIGHT CABLE, 3.5MM X 300CM (9.8')
PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies
MANUFACTURER PART NUMBER (MPN): 495ND-UG
LOCAL STOCK NUMBER: 495ND-UG
| 1.00 |
| EA |
| __________________ |
| __________________ |
ADAPTOR FOR KARL STORZ LIGHT CABLE TO ACMI/STRYKER LIGHT SOURCES The kit part number is composed of the following products: 495PA ADAPTOR FOR KARL STORZ LIGHT CABLE TO ACMI/STRYKER LIGHT SOURCES
PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies
MANUFACTURER PART NUMBER (MPN): 495PA-UG
LOCAL STOCK NUMBER: 495PA-UG
| 1.00 |
| EA |
| __________________ |
| __________________ |
NEPHROSCOPE F/MIP M, 12FR., AUTOCLAV., CHNL 6.7 FR. EIL 430 CSN: 6515-438644 NXA-PLAN-SURGICAL-NEPHROSCOPE
PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies
MANUFACTURER PART NUMBER (MPN): 27830KAA
LOCAL STOCK NUMBER: 27830KAA
| 1.00 |
| EA |
| __________________ |
| __________________ |
INSTRUMENT PORT W/SEALING SYSTEM + QUICK RELEASE LOCK F/27830KA SCOPE, 1 CHANNEL
PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies
MANUFACTURER PART NUMBER (MPN): 27001GP
LOCAL STOCK NUMBER: 27001GP
| 1.00 |
| EA |
| __________________ |
| __________________ |
LUER-LOCK CONNECTOR WITH STOPCOCK
PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies
MANUFACTURER PART NUMBER (MPN): 27502
LOCAL STOCK NUMBER: 27502
| 1.00 |
| EA |
| __________________ |
| __________________ |
INSERTION AID FOR GUIDE WIRE FOR URETERORENOSCOPY
PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies
MANUFACTURER PART NUMBER (MPN): 27001E
LOCAL STOCK NUMBER: 27001E
| 1.00 |
| EA |
| __________________ |
| __________________ |
LARGE INSTRUMENT PORT W/SEALING SYSTEM
PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies
MANUFACTURER PART NUMBER (MPN): 27001GG
LOCAL STOCK NUMBER: 27001GG
| 1.00 |
| EA |
| __________________ |
| __________________ |
INSTRUMENT PORT SEALS FOR 27001G AND 27001GF, 10/PKG, NON-STERILE, SINGLE USE
PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies
MANUFACTURER PART NUMBER (MPN): 27550N
LOCAL STOCK NUMBER: 27550N
| 1.00 |
| EA |
| __________________ |
| __________________ |
PERCUTANEOUS NEPHROSCOPY STERILIZATION TRAY 20" X 9.5" X 4" The kit part number is composed of the following products: 39312J TRAY, PERCUTANEOUS NEPHROSCOPY SET DM: 20" X 9.5" X 4"
PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies
MANUFACTURER PART NUMBER (MPN): 39312J-ZBZ
LOCAL STOCK NUMBER: 39312J-ZBZ
| 1.00 |
| EA |
| __________________ |
| __________________ |
ONE STEP DILATOR, CHANNEL F/GUIDE WIRES, F/USE W/27830B 15FR OPERATING SHEATH
PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies
MANUFACTURER PART NUMBER (MPN): 27830AA
LOCAL STOCK NUMBER: 27830AA
| 1.00 |
| EA |
| __________________ |
| __________________ |
15/16FR OPERATING SHEATH F/CONTINUOUS FLOW, F/SUPINE POSITION, WL:18CM
PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies
MANUFACTURER PART NUMBER (MPN): 27930BAS
LOCAL STOCK NUMBER: 27930BAS
| 1.00 |
| EA |
| __________________ |
| __________________ |
FLEXIBLE GRASPING FCPS, DBL ACTION JAWS FOR FOREIGN BODY REMOVAL, 5FR X 40CM
PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies
MANUFACTURER PART NUMBER (MPN): 27830FK
LOCAL STOCK NUMBER: 27830FK
| 1.00 |
| EA |
| __________________ |
| __________________ |
FLEXIBLE BIOPSY FORCEPS WITH DOUBLE ACTION JAWS, 5FR X 40CM
PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies
MANUFACTURER PART NUMBER (MPN): 27830FL
LOCAL STOCK NUMBER: 27830FL
| 1.00 |
| EA |
| __________________ |
| __________________ |
GRASPING FORCEPS FOR LARGE STONE FRAG. 3 EXPANDING JAWS, SMALL FIXAT. SPIKES
PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies
MANUFACTURER PART NUMBER (MPN): 27830H
LOCAL STOCK NUMBER: 27830H
| 1.00 |
| EA |
| __________________ |
| __________________ |
LIGHT CABLE, 3.5MM X 300CM (9.8') The kit part number is composed of the following products: 495ND LIGHT CABLE, 3.5MM X 300CM (9.8')
PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies
MANUFACTURER PART NUMBER (MPN): 495ND-UG
LOCAL STOCK NUMBER: 495ND-UG
| 1.00 |
| EA |
| __________________ |
| __________________ |
ADAPTOR FOR KARL STORZ LIGHT CABLE TO ACMI/STRYKER LIGHT SOURCES The kit part number is composed of the following products: 495PA ADAPTOR FOR KARL STORZ LIGHT CABLE TO ACMI/STRYKER LIGHT SOURCES
PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies
MANUFACTURER PART NUMBER (MPN): 495PA-UG
LOCAL STOCK NUMBER: 495PA-UG
| GRAND TOTAL |
| __________________ |
B.3 DELIVERY SCHEDULE
| ITEM NUMBER |
| QUANTITY |
| DELIVERY DATE |
| 0001 |
| SHIP TO: |
| Pittsburgh VAMC-University Drive (646) |
Attn: RCV, PO # University Dr C Pittsburgh, PA 15240 1003
USA
1.00
| MARK FOR: |
| Government Contact |
| 0002 |
| SHIP TO: |
| Pittsburgh VAMC-University Drive (646) |
Attn: RCV, PO # University Dr C Pittsburgh, PA 15240 1003
1.00
| MARK FOR: |
| Government Contact |
| 0003 |
| SHIP TO: |
| Pittsburgh VAMC-University Drive (646) |
Attn: RCV, PO # University Dr C Pittsburgh, PA 15240 1003
1.00
| MARK FOR: |
| Government Contact |
| 0004 |
| SHIP TO: |
| Pittsburgh VAMC-University Drive (646) |
Attn: RCV, PO # University Dr C Pittsburgh, PA 15240 1003
1.00
| MARK FOR: |
| Government Contact |
| 0005 |
| SHIP TO: |
| Pittsburgh VAMC-University Drive (646) |
Attn: RCV, PO # University Dr C Pittsburgh, PA 15240 1003
1.00
| MARK FOR: |
| Government Contact |
| 0006 |
| SHIP TO: |
| Pittsburgh VAMC-University Drive (646) |
Attn: RCV, PO # University Dr C Pittsburgh, PA 15240 1003
1.00
| MARK FOR: |
| Government Contact |
| 0007 |
| SHIP TO: |
| Pittsburgh VAMC-University Drive (646) |
Attn: RCV, PO # University Dr C Pittsburgh, PA 15240 1003
1.00
| MARK FOR: |
| Government Contact |
| 0008 |
| SHIP TO: |
| Pittsburgh VAMC-University Drive (646) |
Attn: RCV, PO # University Dr C Pittsburgh, PA 15240 1003
1.00
| MARK FOR: |
| Government Contact |
| 0009 |
| SHIP TO: |
| Pittsburgh VAMC-University Drive (646) |
Attn: RCV, PO # University Dr C Pittsburgh, PA 15240 1003
1.00
| MARK FOR: |
| Government Contact |
| 0010 |
| SHIP TO: |
| Pittsburgh VAMC-University Drive (646) |
Attn: RCV, PO # University Dr C Pittsburgh, PA 15240 1003
1.00
| MARK FOR: |
| Government Contact |
| 0011 |
| SHIP TO: |
| Pittsburgh VAMC-University Drive (646) |
Attn: RCV, PO # University Dr C Pittsburgh, PA 15240 1003
1.00
| MARK FOR: |
| Government Contact |
| 0012 |
| SHIP TO: |
| Pittsburgh VAMC-University Drive (646) |
Attn: RCV, PO # University Dr C Pittsburgh, PA 15240 1003
1.00
| MARK FOR: |
| Government Contact |
| 0013 |
| SHIP TO: |
| Pittsburgh VAMC-University Drive (646) |
Attn: RCV, PO # University Dr C Pittsburgh, PA 15240 1003
1.00
| MARK FOR: |
| Government Contact |
| 0014 |
| SHIP TO: |
| Pittsburgh VAMC-University Drive (646) |
Attn: RCV, PO # University Dr C Pittsburgh, PA 15240 1003
1.00
| MARK FOR: |
| Government Contact |
| 0015 |
| SHIP TO: |
| Pittsburgh VAMC-University Drive (646) |
Attn: RCV, PO # University Dr C Pittsburgh, PA 15240 1003
1.00
| MARK FOR: |
| Government Contact |
| 0016 |
| SHIP TO: |
| Pittsburgh VAMC-University Drive (646) |
Attn: RCV, PO # University Dr C Pittsburgh, PA 15240 1003
1.00
| MARK FOR: |
| Government Contact |
| 0017 |
| SHIP TO: |
| Pittsburgh VAMC-University Drive (646) |
Attn: RCV, PO # University Dr C Pittsburgh, PA 15240 1003
1.00
| MARK FOR: |
| Government Contact |
| 0018 |
| SHIP TO: |
| Pittsburgh VAMC-University Drive (646) |
Attn: RCV, PO # University Dr C Pittsburgh, PA 15240 1003
1.00
| MARK FOR: |
| Government Contact |
| 0019 |
| SHIP TO: |
| Pittsburgh VAMC-University Drive (646) |
Attn: RCV, PO # University Dr C Pittsburgh, PA 15240 1003
1.00
| MARK FOR: |
| Government Contact |
| 0020 |
| SHIP TO: |
| Pittsburgh VAMC-University Drive (646) |
Attn: RCV, PO # University Dr C Pittsburgh, PA 15240 1003
1.00
| MARK FOR: |
| Government Contact |
| 0021 |
| SHIP TO: |
| Pittsburgh VAMC-University Drive (646) |
Attn: RCV, PO # University Dr C Pittsburgh, PA 15240 1003
1.00
| MARK FOR: |
| Government Contact |
| 0022 |
| SHIP TO: |
| Pittsburgh VAMC-University Drive (646) |
Attn: RCV, PO # University Dr C Pittsburgh, PA 15240 1003
1.00
| MARK FOR: |
| Government Contact |
| 0023 |
| SHIP TO: |
| Pittsburgh VAMC-University Drive (646) |
Attn: RCV, PO # University Dr C Pittsburgh, PA 15240 1003
1.00
| MARK FOR: |
| Government Contact |
| 0024 |
| SHIP TO: |
| Pittsburgh VAMC-University Drive (646) |
Attn: RCV, PO # University Dr C Pittsburgh, PA 15240 1003
1.00
| MARK FOR: |
| Government Contact |
STATEMENT OF NEED for Nephroscope F/MIP S, F/MIP M VA Pittsburgh Healthcare System (VAPHS)-University Drive University Dr C Pittsburgh, PA 15240-1003
1. Background
1.1. VA Pittsburgh requires the procurement of one (1) Nephroscope F/MIP S, 7.5FR and one (1) Nephroscope F/MIP M, 12FR. To provide our Urology Surgeons a minimally invasive option for our Veterans that would require this type of procedure. Current Practice is a much large scope creating a much longer recovery time as well as a grander invasive approach to performing these types of procedures.
2. Requirement
2.1. One (1) Part No. 27820KAA Nephroscope F/MIP S 7.5 FR
2.2. One (1) Part No. 27830KAA Nephroscope F/MIP M 12 FR
2.3. Salient Characteristics for Brand Name Karl Storz Endoscopy-America, Inc.
2.3.1. Pressure-Controlled PCNL Systems for Minimally Invasive Percutaneous (MIP) Nephrolitholapaxy
2.3.2. The MIP system ensures atraumatic and effective stone treatment with fewer complications for all stone sizes.
2.3.3. Innovative pressure management: All systems from the MIP series are designed as open systems
2.3.4. Efficient stone retrieval: The “vacuum cleaner” hydrodynamic effect makes it possible to retrieve stones without forceps, graspers, or stone baskets
2.3.5. One-step dilation: Following a skin incision, the access tract is dilated in a single step
2.3.6. Versatility: The right instrument is available for any kidney stone location and size
2.3.7. Applicator for direct closure and contrast agent injection: Access tracts to the kidney can be directly closed after stone retrieval using a gelatin-thrombin matrix applied with the aid of an applicator. In addition, the applicator can be used to inject contrast agent.
2.3.8. Application-oriented sheaths: For standard and supine techniques
2.3.9. Nephroscope for MIP S 7.5 FR
2.3.9.1. Ideal for 8-15 mm stones.
2.3.9.2. Working channel of 2 Fr. Allows for passage of laser fiber only
2.3.10. Nephroscope for MIP M 12 FR
2.3.10.1. Ideal for 10-30 mm stones.
2.3.10.2. Suitable for probes and instruments up to 1.5 mm (4.5 Fr.) diameter and approximately 37 cm long.
2.4. Technical Specifications
2.4.1. Nephroscope for MIP S 7.5 FR
2.4.1.1. Autoclavable
2.4.1.2. 6o direction of view
2.4.1.3. Outer sheath: 7.5 Fr.
2.4.1.4. Working Channel: 2 Fr., 3 Fr.
2.4.1.5. Working Length: 240 mm
2.4.1.6. Includes 27001 G Instrument Port
2.4.2. Nephroscope for MIP M 12 FR
2.4.2.1. Autoclavable
2.4.2.2. 12o direction of view
2.4.2.3. Outer sheath: 12 Fr.
2.4.2.4. Working Channel: 6.7 Fr.
2.4.2.5. Working Length: 220 mm
2.4.2.6. Includes 27001 GP Instrument Port
2.5. Table 1
| Item No. |
| Part No. |
| Description |
| Qty |
| 0001 |
| 27820KAA |
| Nephroscope F/MIP S 7.5 FR |
| 1 |
| 0002 |
| 27001G |
| Instrument Port W/ Sealing System & Quick Release Lock |
| 1 |
| 0003 |
| 27502 |
| LUER-Lock Connecttor W/Stopcock |
| 1 |
| 0004 |
| 27550N |
| Instrument Port Seals for 27001G and 27001 GF |
| 1 |
| 0005 |
| 27001E |
| Insert Aid for Guide Wire |
| 1 |
| 0006 |
| 39312J-ZBZ |
| Percutaneous Nephroscopy Sterlization Tray |
| 1 |
| 0007 |
| 27820BBS |
| Operating Sheath for MIP S |
| 1 |
| 0008 |
| 27820AB |
| Dilator |
| 1 |
| 0009 |
| 495ND-UG |
| Light Cable |
| 1 |
| 0010 |
| 495PA-UG |
| Adaptor for Light Cable |
| 1 |
| 0011 |
| 27830KAA |
| Nephroscope F/MIP M 12 FR |
| 1 |
| 0012 |
| 27001GP |
| Instrument Port W/ Sealing System & Quick Release Lock |
| 1 |
| 0013 |
| 27502 |
| LUER-Lock Connecttor W/Stopcock |
| 1 |
| 0014 |
| 27001E |
| Insert Aid for Guide Wire |
| 1 |
| 0015 |
| 27001GG |
| Large Instrument Port W/Sealing System |
| 1 |
| 0016 |
| 27550N |
| Instrument Port Seals for 27001G and 27001 GF |
| 1 |
| 0017 |
| 39312J-ZBZ |
| Percutaneous Nephroscopy Sterlization Tray |
| 1 |
| 0018 |
| 27830AA |
| One Step Dilator |
| 1 |
| 0019 |
| 27830BAS |
| 15/16 Operating Sheath |
| 1 |
| 0020 |
| 27830FK |
| Flexible Grasping FCPS |
| 1 |
| 0021 |
| 27830FL |
| Flexible Biopsy Forceps with Double Action Jaws |
| 1 |
| 0022 |
| 27830H |
| Grasping Forceps For Large Stone Frag |
| 1 |
| 0023 |
| 495ND-UG |
| Light Cable |
| 1 |
| 0024 |
| 495PA-UG |
| Adaptor for Light Cable |
| 1 |
3. Delivery Location
3.1. Attn: Scott W Deluisio
VA Pittsburgh Healthcare System University Drive C, Bldg 1, Rm 2A118 Pittsburgh, PA 15240-1001
3.2. Delivery should be coordinated with the COR of the contract prior to shipping of any equipment. The Contractor must comply and provide all necessary information to VAPHS. Otherwise, the delivery may be refused and require redelivery at no additional cost to the government.
3.3. Normal business hours for acceptance of deliveries are 08:00 am-15:30 pm ET, Monday thru Friday excluding Federal Holidays. Deliveries must be coordinated in advance with COR once a ship date is established. The COR, Biomedical Engineering and/or Logistics Representative shall be the only VA entity signing for freight received on this requirement. The VA-issued purchase order number must be included in the packing slip. All items included in the requirement shall be shipped and delivered to site at same time. If deliveries must be broken into several shipments due to size, this must be coordinated in advance with the COR. Failure the coordinate shipment with COR, may result in failure to deliver on site and cause re-scheduling of delivery/freight at no charge to the government. The packing slip must include the VA-issued purchase order number
4. Training
4.1. Any training scheduled should be coordinated with the COR and VA staff.
5. Additional Charges
5.1. There will be no additional charge for time spent at the site during, or after the normal hours of coverage awaiting the arrival of additional FSE and/or delivery of parts or installation. There will be no additional charges for time spent assembling the bladder scanners. There will be no additional charges for any time spent on-site provided training to either clinical or technical staff. There will be no additional charges with the waste management protocol listed in section 8.
6. Packaging Waste management
6.1. Contractor shall remove packaging materials and all shipping debris from site and dispose of at appropriate recycling facilities. Contractor shall collect and separate for disposal all paper, plastic, polystyrene, corrugated cardboard, packaging material in appropriate bins for recycling on site if available. Contract shall fold metal and plastic banding, flatten and place in designated areas for trash.
7. Influenza Vaccination
7.1. VHA Directive 1192 requires all health care personnel (HCP) to participate in the seasonal influenza prevention program and outlines the key implementation steps. Health care personnel is defined in VHA Directive 1192 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 annual influenza vaccination. This requirement is extended to all Contractor personnel with potential to come into minimal contact (passing in the corridor) with any patients, visitors, or staff members at VAPHS.
7.2. Those individuals 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.
7.3. 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:
7.3.1. 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.
7.3.2. Completed Health Care Personnel Influenza Vaccination Form (Attachment B of VHA Directive 1192) if unwilling or unable to receive the vaccine.
7.3.3. The contractor is required to submit annual certification in the form of a memorandum to the Contracting Officer’s Representative (COR) that all contract staff performing services at VA facilities follows VHA Directive 1192.
8. HIPAA Training Certificates
8.1. If Contractor will be working onsite for installation and activation of equipment, all HIPAA training completion documentation must be provided to the COR listed in the awarded contract.
9. Tobacco
9.1. All VA Pittsburgh property is tobacco free. Contractor personnel will comply with VA Pittsburgh tobacco and smoking policies. Violations will result in a warning and possible citation.
10. COVID-19 Related Policies
10.1. Upon entering VAPHS, per CDC and federal regulations, all personnel must wear the required PPE while on-site; at a minimum this includes a cloth mask. PPE will not be provided by VAPHS.
10.2. All individuals are required to enter through the main entrance for temperature screening. If Contractor’s temperature exceeds the designated threshold, they will be asked to leave. In the event of an FSE being forced to vacate the premises, they shall notify the necessary Biomedical Engineering staff and provide a contact for a replacement.
11. Vendor Credentialing
11.1. Vendor access to the VAPHS is by appointment only and requires credentialing through our vendor credentialing partner, Symplr at https://vcsdatabase.com/login Symplr registration is at cost to the vendor only and VAPHS is not responsible for this.
11.2. All vendors are required to check-in at the Symplr kiosk using their smart phone (University Drive) or desktop check-in with Symplr login (HJH) and obtain a day badge, which will include date, time, and location of approved appointment. Company badge with photo ID is also required to be worn while onsite at any of the VAPHS sites. Vendors are only permitted to visit the location identified on their Symplr generated badge and must exit the facility promptly, checking out via their smart phone once the scheduled appointment has ended.
36C24422Q1091
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SECTION C - CONTRACT CLAUSES
ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.
The following clauses are incorporated into 52.212-4 as an addendum to this contract:
C.1 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)
| FAR Number |
| Title |
| Date |
| 52.204-13 |
| SYSTEM FOR AWARD MANAGEMENT MAINTENANCE |
| OCT 2018 |
| 52.204-18 |
| COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE |
| AUG 2020 |
| 52.212-4 |
| CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES |
| NOV 2021 |
| 52.225-1 |
| BUY AMERICAN—SUPPLIES |
| NOV 2021 |
| 52.227-14 |
| RIGHTS IN DATA—GENERAL |
| MAY 2014 |
| 52.232-40 |
| PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS |
| NOV 2021 |
C.2 52.222-19 CHILD LABOR—COOPERATION WITH AUTHORITIES AND REMEDIES (JAN 2022) (JUL 2020) (DEVIATION)
(a) Applicability. This clause does not apply to the extent that the Contractor is supplying end products mined, produced, or manufactured in—
(1) Israel, and the anticipated value of the acquisition is $50,000 or more;
(2) Mexico, and the anticipated value of the acquisition is $92,319 or more; or
(3) Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Italy, Japan, Korea, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or the United Kingdom and the anticipated value of the acquisition is $183,000 or more.
(b) Cooperation with Authorities. To enforce the laws prohibiting the manufacture or importation of products mined, produced, or manufactured by forced or indentured child labor, authorized officials may need to conduct investigations to determine whether forced or indentured child labor was used to mine, produce, or manufacture any product furnished under this contract. If the solicitation includes the provision 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products, or the equivalent at 52.212-3(i), the Contractor agrees to cooperate fully with authorized officials of the contracting agency, the Department of the Treasury, or the Department of Justice by providing reasonable access to records, documents, persons, or premises upon reasonable request by the authorized officials.
(c) Violations. The Government may impose remedies set forth in paragraph (d) for the following violations:
(1) The Contractor has submitted a false certification regarding knowledge of the use of forced or indentured child labor for listed end products.
(2) The Contractor has failed to cooperate, if required, in accordance with paragraph (b) of this clause, with an investigation of the use of forced or indentured child labor by an Inspector General, Attorney General, or the Secretary of the Treasury.
(3) The Contractor uses forced or indentured child labor in its mining, production, or manufacturing processes.
(4) The Contractor has furnished under the contract end products or components that have been mined, produced, or manufactured wholly or in part by forced or indentured child labor. (The Government will not pursue remedies at paragraph (d)(2) or paragraph (d)(3) of this clause unless sufficient evidence indicates that the Contractor knew of the violation.)
(d) Remedies.
(1) The Contracting Officer may terminate the contract.
(2) The suspending official may suspend the Contractor in accordance with procedures in FAR Subpart 9.4.
(3) The debarring official may debar the Contractor for a period not to exceed 3 years in accordance with the procedures in FAR Subpart 9.4.
(End of Clause) C.3 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.
[X] 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.
[X] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.
[X] 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.
[] 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.
[X] 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.4 VAAR 852.212-71 GRAY MARKET ITEMS (APR 2020)
(a) No gray market or remanufactured items will be acceptable. Gray market items are Original Equipment Manufacturers’ (OEM) goods sold through unauthorized channels in direct competition with authorized distributors. This procurement is for new OEM medical equipment only for VA medical facilities.
(b) Vendor shall be an OEM, authorized dealer, authorized distributor or authorized reseller for the proposed equipment/system, verified by an authorization letter or other documents from the OEM. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions.
(End of Clause)
C.5 VAAR 852.212-72 GRAY MARKET AND COUNTERFEIT ITEMS (MAR 2020)
(a) No used, refurbished, or remanufactured supplies or equipment/parts shall be provided. This procurement is for new Original Equipment Manufacturer (OEM) items only. No gray market items shall be provided. Gray market items are OEM goods intentionally or unintentionally sold outside an authorized sales territory or sold by non-authorized dealers in an authorized sales territory.
(b) No counterfeit supplies or equipment/parts shall be provided. Counterfeit items include unlawful or unauthorized reproductions, substitutions, or alterations that have been mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified item from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitutions include used items represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics.
(c) Vendor shall be an OEM, authorized dealer, authorized distributor or authorized reseller for the proposed equipment/system, verified by an authorization letter or other documents from the OEM. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions.
(End of Clause) C.6 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)
(a) This solicitation includes .
(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 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018)
(a) This solicitation includes the clause: 852.215-70 Service-disabled veteran-owned and veteran-owned small business evaluation factors. Accordingly, any contract resulting from this solicitation will include the clause 852.215-71 Evaluation factor commitments.
(b) The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) to assist in assessing Contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the Contractor's business records or other proprietary data to review such business records regarding contract 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 compliance with the subcontracting commitments.
(End of Clause)
C.8 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. A copy of the ACO Letter of Delegation will be furnished to the Contractor.
(End of Clause)
C.9 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)
Material shall be packed for shipment in such a manner that will insure acceptance by common carriers and safe delivery at destination. Containers and closures shall comply with regulations of carriers as applicable to the mode of transportation.
(End of Clause) (End of Addendum to 52.212-4)
C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022)
(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 products and commercial services:
(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 (NOV 2021) (Section 1634 of Pub. L. 115–91).
(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (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 products and commercial services:
[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).
[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (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.)
[] (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).
[] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (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) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a).
[X] (12) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
[] (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 (NOV 2021) (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 (SEP 2021) 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 (SEP 2021) (15 U.S.C. 657s).
[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).
[] (21) 52.219–27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C. 657f).
[X] (22) (i) 52.219–28, Post-Award Small Business Program Rerepresentation (SEP 2021) (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 Concerns (SEP 2021) (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 (SEP 2021) (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) l(26) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).
[] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
[X] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2022) (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.
[] (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 (NOV 2021) (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 (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 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.
[X] (48) 52.225-1, Buy American—Supplies (NOV 2021) (41 U.S.C. chapter 83).
[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (NOV 2021) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 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 I (JAN 2021) of 52.225-3.
[] (iii) Alternate II (JAN 2021) of 52.225-3.
[] (iv) Alternate III (JAN 2021) of 52.225-3.
[] (50) 52.225–5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (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 (FEB 2021).
[] (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
[] (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (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 (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).
[] (ii) Alternate I (Apr 2003) of 52.247-64.
[]…
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