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36C24422Q1116
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. SIGNAT
URE 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
595-22-3-480-0148 36C24422Q1116 09-12-2022 Allan Tabliago 215-823-5800 09-15-2022 16:30
EDT
00244 Department of Veterans Affairs Network Contracting Office 4 100 S. Independence Mall West 5th FL Philadelphia PA 19106 X X 339112 1000 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 Stryker TPX System for the NCO 4 Network. See Pricing and Delivery Schedule for further details.
2. This is Brand Name Only.
3. Schedule on Page 4.
4. Instructions to Vendors on Page 29.
See CONTINUATION Page X X X 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 | 7 |
| SECTION C - CONTRACT CLAUSES | 16 |
| C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 16 |
| C.2 52.222-19 CHILD LABOR—COOPERATION WITH AUTHORITIES AND REMEDIES (JAN 2022) (JUL 2020) (DEVIATION) | 16 |
| C.3 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020) | 17 |
| C.4 VAAR 852.212-71 GRAY MARKET ITEMS (APR 2020) | 19 |
| C.5 VAAR 852.212-72 GRAY MARKET AND COUNTERFEIT ITEMS (MAR 2020) | 19 |
| C.6 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018) | 20 |
| C.7 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018) | 20 |
| C.8 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) | 21 |
| C.9 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018) | 21 |
| C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) | 22 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 30 |
| SECTION E - SOLICITATION PROVISIONS | 31 |
| E.1 52.212-1 INSTRUCTIONS TO VENDORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) | 31 |
| EVALUATION CRITERIA | 32 |
| E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 33 |
| E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) | 33 |
| E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) | 36 |
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 Tabliago 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 delivery 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 |
| 2.00 |
| EA |
| __________________ |
| __________________ |
TPX OSCILLATING SAW
PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies
MANUFACTURER PART NUMBER (MPN): 7400-031-000
LOCAL STOCK NUMBER: 7400-031-000
| 2.00 |
| EA |
| __________________ |
| __________________ |
TPX MICRO DRILL
PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies
MANUFACTURER PART NUMBER (MPN): 7400-015-000
LOCAL STOCK NUMBER: 7400-015-000
| 2.00 |
| EA |
| __________________ |
| __________________ |
MICRODRILL STRAIGHT ATTACHMENT
PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies
MANUFACTURER PART NUMBER (MPN): 5100-015-250
LOCAL STOCK NUMBER: 5100-015-250
| 2.00 |
| EA |
| __________________ |
| __________________ |
TPX SAGITTAL SAW
PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies
MANUFACTURER PART NUMBER (MPN): 7400-034-000
LOCAL STOCK NUMBER: 7400-034-000
| 2.00 |
| EA |
| __________________ |
| __________________ |
TPX RECIP SAW
PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies
MANUFACTURER PART NUMBER (MPN): 7400-037-000
LOCAL STOCK NUMBER: 7400-037-000
| 2.00 |
| EA |
| __________________ |
| __________________ |
TPX UNIVERSAL DRIVER
PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies
MANUFACTURER PART NUMBER (MPN): 7400-099-000
LOCAL STOCK NUMBER: 7400-099-000
| 2.00 |
| EA |
| __________________ |
| __________________ |
1/4" DRILL WITH KEY
PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies
MANUFACTURER PART NUMBER (MPN): 4100-131-000
LOCAL STOCK NUMBER: 4100-131-000
| 2.00 |
| EA |
| __________________ |
| __________________ |
5/32 IN inch Drill with Key
PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies
MANUFACTURER PART NUMBER (MPN): 4100-132-000
LOCAL STOCK NUMBER: 4100-132-000
| 2.00 |
| EA |
| __________________ |
| __________________ |
AO Small Drill
PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies
MANUFACTURER PART NUMBER (MPN): 4100-110-000
LOCAL STOCK NUMBER: 4100-110-000
| 4.00 |
| EA |
| __________________ |
| __________________ |
TPX HANDSWITCH
PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies
MANUFACTURER PART NUMBER (MPN): 7400-009-000
LOCAL STOCK NUMBER: 7400-009-000
| 2.00 |
| EA |
| __________________ |
| __________________ |
TPX CABLE
PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies
MANUFACTURER PART NUMBER (MPN): 7400-004-000
LOCAL STOCK NUMBER: 7400-004-000
| 2.00 |
| EA |
| __________________ |
| __________________ |
TPX WIRE DRIVER
PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies
MANUFACTURER PART NUMBER (MPN): 7400-062-000
LOCAL STOCK NUMBER: 7400-062-000
| 2.00 |
| EA |
| __________________ |
| __________________ |
Pin Collet (2.0-3.2mm)
PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies
MANUFACTURER PART NUMBER (MPN): 4100-125-000
LOCAL STOCK NUMBER: 4100-125-000
| 2.00 |
| EA |
| __________________ |
| __________________ |
Small Bone Solid Container
PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies
MANUFACTURER PART NUMBER (MPN): 6400-654-000
LOCAL STOCK NUMBER: 6400-654-000
| GRAND TOTAL |
| __________________ |
B.3 DELIVERY SCHEDULE
| ITEM NUMBER |
| QUANTITY |
| DELIVERY DATE |
| 0001 |
| SHIP TO: |
| Lebanon VAMC (595) |
Attn: RCV, PO # 1700 S. Lincoln Avenue Lebanon, PA 17042 7529
USA
| 2.00 |
| __________________ |
| MARK FOR: |
| Beverly Miller |
717-272-6621x4120 beverly.miller1@va.gov
| 0002 |
| SHIP TO: |
| Lebanon VAMC (595) |
Attn: RCV, PO # 1700 S. Lincoln Avenue Lebanon, PA 17042 7529
USA
| 2.00 |
| __________________ |
| MARK FOR: |
| Beverly Miller |
| 0003 |
| SHIP TO: |
| Lebanon VAMC (595) |
Attn: RCV, PO # 1700 S. Lincoln Avenue Lebanon, PA 17042 7529
USA
| 2.00 |
| __________________ |
| MARK FOR: |
| Beverly Miller |
| 0004 |
| SHIP TO: |
| Lebanon VAMC (595) |
Attn: RCV, PO # 1700 S. Lincoln Avenue Lebanon, PA 17042 7529
USA
| 2.00 |
| __________________ |
| MARK FOR: |
| Beverly Miller |
| 0005 |
| SHIP TO: |
| Lebanon VAMC (595) |
Attn: RCV, PO # 1700 S. Lincoln Avenue Lebanon, PA 17042 7529
USA
| 2.00 |
| __________________ |
| MARK FOR: |
| Beverly Miller |
| 0006 |
| SHIP TO: |
| Lebanon VAMC (595) |
Attn: RCV, PO # 1700 S. Lincoln Avenue Lebanon, PA 17042 7529
USA
| 2.00 |
| __________________ |
| MARK FOR: |
| Beverly Miller |
| 0007 |
| SHIP TO: |
| Lebanon VAMC (595) |
Attn: RCV, PO # 1700 S. Lincoln Avenue Lebanon, PA 17042 7529
USA
| 2.00 |
| __________________ |
| MARK FOR: |
| Beverly Miller |
| 0008 |
| SHIP TO: |
| Lebanon VAMC (595) |
Attn: RCV, PO # 1700 S. Lincoln Avenue Lebanon, PA 17042 7529
USA
| 2.00 |
| __________________ |
| MARK FOR: |
| Beverly Miller |
| 0009 |
| SHIP TO: |
| Lebanon VAMC (595) |
Attn: RCV, PO # 1700 S. Lincoln Avenue Lebanon, PA 17042 7529
USA
| 2.00 |
| __________________ |
| MARK FOR: |
| Beverly Miller |
| 0010 |
| SHIP TO: |
| Lebanon VAMC (595) |
Attn: RCV, PO # 1700 S. Lincoln Avenue Lebanon, PA 17042 7529
USA
| 4.00 |
| __________________ |
| MARK FOR: |
| Beverly Miller |
| 0011 |
| SHIP TO: |
| Lebanon VAMC (595) |
Attn: RCV, PO # 1700 S. Lincoln Avenue Lebanon, PA 17042 7529
USA
| 2.00 |
| __________________ |
| MARK FOR: |
| Beverly Miller |
| 0012 |
| SHIP TO: |
| Lebanon VAMC (595) |
Attn: RCV, PO # 1700 S. Lincoln Avenue Lebanon, PA 17042 7529
USA
| 2.00 |
| __________________ |
| MARK FOR: |
| Beverly Miller |
| 0013 |
| SHIP TO: |
| Lebanon VAMC (595) |
Attn: RCV, PO # 1700 S. Lincoln Avenue Lebanon, PA 17042 7529
USA
| 2.00 |
| __________________ |
| MARK FOR: |
| Beverly Miller |
| 0014 |
| SHIP TO: |
| Lebanon VAMC (595) |
Attn: RCV, PO # 1700 S. Lincoln Avenue Lebanon, PA 17042 7529
USA
| 2.00 |
| __________________ |
| MARK FOR: |
| Beverly Miller |
Statement of Need for Stryker TPX System at Lebanon VAMC (595) 1700 S. Lincoln Ave Lebanon, PA 17042-7529
1. Background
1.1. The Lebanon VA Medical Center (LVAMC) has a new brand name requirement for the Stryker TPX System. This equipment is utilized in the OR during Orthopedic and Podiatric Surgery.
2. Scope of Work
2.1. The Stryker TPX System is being purchased due to the increased volume of Orthopedic and Podiatry cases. We do require Stryker equipment due to all of the accessories, batteries and disposable components that we have in supply will only integrate with Stryker equipment.
2.2. The TPX System is intended for use with the Consolidated Operating Room Equipment (CORE) System. When used with a variety of cutting accessories and/or compatible attachments, it is intended for cutting, drilling, reaming, decorticating, shaping, and smoothing of bone, hard tissues, bone cement, and teeth in a variety of surgical procedures. This includes but is not limited to Orthopedic, Dental, ENT (Ear, Nose, Throat), Neuro, Spine and Endoscopic applications. It is also usable in the placement or cutting of screws, metal, wires, pins, and other fixation devices.
3. Requirement
3.1. Salient Characteristics of the brand name required Stryker TPX System
3.1.1. TPX Oscillating Saw (REF 7400-031-000)
3.1.1.1. Dimensions:
3.1.1.1.1. 6.4 inch [163 mm] length
3.1.1.1.2. 0.875 inch [22.2 mm] diameter
3.1.1.2. Mass: 0.49 lb [0.22 kg]
3.1.1.3. Speed: 20000 cpm
3.1.1.4. Excursion: 8-degree arc
3.1.1.5. Mode of Operation: Non-continuous Operation
3.1.1.6. Duty Cycle:
3.1.1.6.1. Blade cutting accessory REF 5400-134-XXX
3.1.1.6.2. Cycle Time: 10 seconds on/10 seconds off
3.1.1.6.3. Cycle Frequency: 3 times
3.1.1.6.4. Rest Between Cycles: 30 minutes
3.1.1.7. All other blade cutting accessories
3.1.1.7.1. Cycle Time: 10 seconds on/10 seconds off
3.1.1.7.2. Cycle Frequency: 4 times
3.1.1.7.3. Rest Between Cycles: 30 minutes
3.1.1.8. Power Supply Stryker CORE 2 or CORE Console 40 V (Direct Current)
3.1.2. Model: TPX Sagittal Saw (REF 7400-034-000)
3.1.2.1. Dimensions:
3.1.2.1.1. 5.3 inch [135 mm] length
3.1.2.1.2. 0.875 inch [22.2 mm] diameter
3.1.2.2. Mass: 0.37 lb [0.168 kg]
3.1.2.3. Speed: 25000 cpm
3.1.2.4. Excursion: 5-degree arc
3.1.2.5. Mode of Operation: Non-continuous Operation
3.1.2.6. Duty Cycle:
3.1.2.6.1. Blade cutting accessory REF 5400-134-XXX
3.1.2.6.2. Cycle Time: 10 seconds on/10 seconds off
3.1.2.6.3. Cycle Frequency: 3 times
3.1.2.6.4. Rest Between Cycles: 30 minutes
3.1.2.7. All other blade cutting accessories
3.1.2.7.1. Cycle Time: 10 seconds on/10 seconds off
3.1.2.7.2. Cycle Frequency: 4 times
3.1.2.7.3. Rest Between Cycles: 30 minutes
3.1.2.8. Power Supply: Stryker CORE 2 or CORE C Console
40 V (Direct Current)
3.1.3. Model: TPX Reciprocating Saw (REF 7400-037-000)
3.1.3.1. Dimensions:
3.1.3.1.1. 6.73 inch [170 mm] length
3.1.3.1.2. 0.875 inch [22.2 mm] diameter
3.1.4. Mass: 0.52 lb [0.236 kg]
3.1.5. Speed: 14,000 cpm
3.1.6. Excursion: 0.120 inch [3.0 mm]
3.1.7. Mode of Operation: Non-continuous Operation
3.1.7.1. Duty Cycle: 20 seconds on/20 seconds off, 4 times
3.1.7.2. Rest Between Cycles: 40 minutes
3.1.7.3. Power Supply: Stryker CORE 2 or CORE Console 40 V (Direct Current)
3.1.8. Model: TPX Sagittal Saw (REF 7400-034-000)
3.1.8.1. Dimensions:
3.1.8.1.1. 5.3 inch [135 mm] length
3.1.8.1.2. 0.875 inch [22.2 mm] diameter
3.1.8.2. Mass: 0.37 lb [0.168 kg]
3.1.8.3. Speed: 25000 cpm
3.1.8.4. Excursion: 5-degree arc
3.1.8.5. Mode of Operation: Non-continuous Operation
3.1.8.6. Duty Cycle:
3.1.8.6.1. Blade cutting accessory REF 5400-134-XXX
3.1.8.6.2. Cycle Time: 10 seconds on/10 seconds off
3.1.8.6.3. Cycle Frequency: 3 times
3.1.8.6.4. Rest Between Cycles: 30 minutes
3.1.8.7. All other blade cutting accessories
3.1.8.7.1. Cycle Time: 10 seconds on/10 seconds off
3.1.8.7.2. Cycle Frequency: 4 times
3.1.8.7.3. Rest Between Cycles: 30 minutes
3.1.8.8. Power Supply: Stryker CORE 2 or CORE C 40 V (Direct Current)
3.1.9. Model: TPX Cord (REF 7400-004-000)
3.1.9.1. Dimensions: 12 ft [3.66 m] length
3.1.9.2. Material: In accordance with the European REACH regulation and other environmental regulatory requirements, components within the cable contain Dimethylacetamide, CAS No. 127-19-5, Octamethylcyclotetrasiloxane,CAS No. 556-67-2, Decamethylcyclopentasiloxane, CAS No. 541-02-6 and Dodecamethylcyclohexasiloxane, CAS No. 540-97-6. This declaration is made in good faith and is either based on a technical evaluation, supplier data and/or laboratory testing.
3.1.10. Model: TPX Handswitch REF 7400-009-000
3.1.10.1. Dimensions:
3.1.10.1.1. 6.1 inch [155 mm] length
3.1.10.1.2. 0.91 inch [23 mm] diameter
3.1.10.2. Mass: 0.16 lb [0.073 kg]
3.2. Table 1
| Line No. |
| Part No. |
| Description |
| Qty |
| 0001 |
| 7400-031-000 |
| TPX OSCILLATING SAW |
| 2 |
| 0002 |
| 7400-015-000 |
| TPX MICRO DRILL |
| 2 |
| 0003 |
| 5100-015-250 |
| MICRODRILL STRAIGHT ATTACHMENT |
| 2 |
| 0004 |
| 7400-034-000 |
| TPX SAGITTAL SAW |
| 2 |
| 0005 |
| 7400-037-000 |
| TPX RECIP SAW |
| 2 |
| 0006 |
| 7400-099-000 |
| TPX UNIVERSAL DRIVER |
| 2 |
| 0007 |
| 4100-131-000 |
| 1/4" DRILL WITH KEY |
| 2 |
| 0008 |
| 4100-132-000 |
| 5/32 IN inch Drill with Key |
| 2 |
| 0009 |
| 4100-110-000 |
| AO Small Drill |
| 2 |
| 0010 |
| 7400-009-000 |
| TPX HANDSWITCH |
| 4 |
| 0011 |
| 7400-004-000 |
| TPX CABLE |
| 2 |
| 0012 |
| 7400-062-000 |
| TPX WIRE DRIVER |
| 2 |
| 0013 |
| 4100-125-000 |
| Pin Collet (2.0-3.2mm) |
| 2 |
| 0014 |
| 6400-654-000 |
| Small Bone Solid Container |
| 2 |
4. Additional Information
4.1. The Stryker brand is required to integrate with the disposable components that are utilized with the saws, and drills, as well as the batteries the facility owns, which are also brand name Stryker and will integrate with the upgraded equipment.
5. Delivery
5.1. Delivery shall be within thirty (30) days from the time of award. The Stryker TPX System must be delivered to the Lebanon VAMC located at 1700 S. Lincoln Ave., Lebanon, PA 17042; Attn; Warehouse. Biomedical Engineering will need to perform a safety check and enter the equipment into the system for annual Preventive Maintenance (PM) checks. Placement in the LVAMC clinic shall be coordinated through Bio Med, the OR Nurse Manager, and/or the Contracting Officer Representative.
36C24422Q1116
Page 1 of Page 1 of
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.
[X] 852.211–70, Equipment Operation and Maintenance Manuals.
[X] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.
[X] 852.215–71, Evaluation Factor Commitments.
[X] 852.232–72, Electronic Submission of Payment Requests.
[X] 852.246–71, Rejected Goods.
(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 FAR 52.219-6 Notice of Total Small Business Set-Aside.
(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.
(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.
(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.
(End of Clause) C.7 VAAR 852.219-75 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.)
[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).
[] (5) [Reserved] [] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).
[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).
[X] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (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).
[] (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] [X] (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.
[] (iii) Alternate II (NOV 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[X] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
[X] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
| Employee Class |
| Monetary Wage-Fringe Benefits |
[] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).
[] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).
[] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).
[X] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).
[X] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
[] (9) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115–91).
(iv) 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).
(v) 52.219–8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(vii) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).
(viii) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
(ix) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
(x) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
(xiii)(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).
(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xvi) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O. 12989).
(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).
(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xx) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxi) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
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SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
See attached document: Attach 02B Price Cost Schedule--.
See attached document: Attachment 1 Single Source Justification MPT to SAT_Redacted.
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SECTION E - SOLICITATION PROVISIONS
ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO VENDORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Provisions 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 provisions are incorporated into 52.212-1 as an addendum to this solicitation:
E.1 52.212-1 INSTRUCTIONS TO VENDORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)
INSTRUCTIONS – Stryker TPX System for the Lebanon VAMC
Submission of Questions: Questions regarding this solicitation shall be received no later than Tuesday, September 13, 2022 at 16:30 PM Eastern Time (ET). Questions received after this time may not be considered for review. Questions shall be submitted to Allan Tabliago – Contract Specialist at allan.tabliago@va.gov. Prospective Vendors are asked to submit their questions grouped by solicitation section and making reference to the particular paragraph in that section. The Subject Line for questions shall state ‘RFQ 36C24422Q1116 Stryker TPX System for the Lebanon VAMC – Questions’. Responses to all inquiries/questions will be returned via email to those vendors solicited giving due regard to the proper protection of proprietary information. Vendors shall be responsible for monitoring their email for the agency’s responses. No information concerning this solicitation shall be provided in response to telephone calls.
Prospective Vendors are warned against contacting any Department of Veteran Affairs personnel outside the Procurement Department prior to award of a Contract resulting from this solicitation. If such contact occurs and is found to be prejudicial to competing Vendors, the Vendor making such contact may be excluded from award consideration.
Submission of Quotes: This solicitation is Set-Aside for Small Business (SB). Quotations shall be received no later than Thursday, September 15, 2022 at 16:30 PM ET. Quotations received after this time might not be considered for award. All quotes shall be emailed to Allan Tabliago – Contract Specialist at allan.tabliago@va.gov. The Subject Line for email submissions shall state ‘RFQ 36C24422Q12116 Stryker TPX System for the Lebanon VAMC - Quote’.
Quote Content and Submission Instructions: Vendors should review RFQ and are ultimately responsible for ensuring that their quotes fully comply with submission requirements for this RFQ. Each quote shall clearly demonstrate that the Vendor understands both the general and specific technical requirements of the Scope of Work. Clarity and completeness of quotes are of the utmost importance. Therefore, quotes must be organized in a practical, clear, and concise manner.
For a response to this solicitation to be considered complete Vendors must comply with the following requirements:
1. The Vendor must be an Authorized Distributor of the required items as demonstrated by their Authorized Distribution Letter.
2. The Vendor is required to provide all CLIN pricing, including Delivery Dates.
3. The Vendor shall provide all the…
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