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36C24423Q0233

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

642-23-1-315-0010 36C24423Q0233 Allan Tabliago 215-823-5800 12-23-2022 16:30

EST

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 Department of Veterans Affairs Philadelphia VAMC Attn: RCV, PO # 3900 Woodland Ave.

Philadelphia PA 19104-4551 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 P/N 8606000 Draeger Fabius Tiro Anesthesia Workstation for the NCO4 Network.

2. This is Brand Name Only.

3. Schedule on Page 4.

4.

Instructions to Vendors on Page 39 See CONTINUATION Page X X X Table of Contents

SECTION A1
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES1
SECTION B - CONTINUATION OF SF 1449 BLOCKS4
B.1 CONTRACT ADMINISTRATION DATA4
B.2 PRICE/COST SCHEDULE5
ITEM INFORMATION5
B.3 DELIVERY SCHEDULE13
SECTION C - CONTRACT CLAUSES28
C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)28
C.2 52.222-19 CHILD LABOR—COOPERATION WITH AUTHORITIES AND REMEDIES (JAN 2022) (JUL 2020) (DEVIATION)28
C.3 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)29
C.4 VAAR 852.212-71 GRAY MARKET ITEMS (APR 2020)31
C.5 VAAR 852.212-72 GRAY MARKET AND COUNTERFEIT ITEMS (MAR 2020)31
C.6 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)32
C.7 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018)33
C.8 VAAR 852.219-78 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (SEP 2021) (DEVIATION)33
C.9 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)36
C.10 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)36
C.11 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)36
C.12 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2022)36
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS45
SECTION E - SOLICITATION PROVISIONS46
E.1 52.212-1 INSTRUCTIONS TO VENDORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)46
EVALUATION CRITERIA47
E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)48
E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)48
E.4 52.225-2 BUY AMERICAN CERTIFICATE (OCT 2022)51
E.5 52.225-6 TRADE AGREEMENTS CERTIFICATE (FEB 2021)52
E.6 52.225-18 PLACE OF MANUFACTURE (AUG 2018)53
E.7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2022)53

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:

Name:

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 receipt and acceptance 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
__________________
__________________

Fabius Tiro PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, Equipment, Utensils, and Supplies

MANUFACTURER PART NUMBER (MPN): 8606000

LOCAL STOCK NUMBER: 8606000

2.00
EA
__________________
__________________

Main configuration- trolley mount version USA. Includes 3 gas version, 3 gas inlet, ventilator and trolley.

PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, Equipment, Utensils, and Supplies

MANUFACTURER PART NUMBER (MPN): OPC5386

LOCAL STOCK NUMBER: OPC5386

2.00
EA
__________________
__________________

Vaporizer plug-in sys., single

PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, Equipment, Utensils, and Supplies

MANUFACTURER PART NUMBER (MPN): OPC5199

LOCAL STOCK NUMBER: OPC5199

2.00
EA
__________________
__________________

Pin Index cylinder sup. O2-AIR

PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, Equipment, Utensils, and Supplies

MANUFACTURER PART NUMBER (MPN): OPC5418

LOCAL STOCK NUMBER: OPC5418

2.00
EA
__________________
__________________

2nd RS232 port- COM2

PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, Equipment, Utensils, and Supplies

MANUFACTURER PART NUMBER (MPN): OPC5236

LOCAL STOCK NUMBER: OPC5236

2.00
EA
__________________
__________________

Ventilator and display. Software options: Pressure control ventilation (PCV) + Pressure Support (PS) + SIMV/PS

PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, Equipment, Utensils, and Supplies

MANUFACTURER PART NUMBER (MPN): OPC5328

LOCAL STOCK NUMBER: OPC5328

2.00
EA
__________________
__________________

Color screen

PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, Equipment, Utensils, and Supplies

MANUFACTURER PART NUMBER (MPN): OPC 5448

LOCAL STOCK NUMBER: OPC 5448

2.00
EA
__________________
__________________

COSY 2.6 with heating

PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, Equipment, Utensils, and Supplies

MANUFACTURER PART NUMBER (MPN): OPC5359

LOCAL STOCK NUMBER: OPC5359

2.00
EA
__________________
__________________

COSY arm, length 200 mm, left

PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, Equipment, Utensils, and Supplies

MANUFACTURER PART NUMBER (MPN): OPC5377

LOCAL STOCK NUMBER: OPC5377

2.00
EA
__________________
__________________

Moisture reduction kit, left

PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, Equipment, Utensils, and Supplies

MANUFACTURER PART NUMBER (MPN): OPC5220

LOCAL STOCK NUMBER: OPC5220

2.00
EA
__________________
__________________

Flexible breathing bag arm

PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, Equipment, Utensils, and Supplies

MANUFACTURER PART NUMBER (MPN): 8605088

LOCAL STOCK NUMBER: 8605088

2.00
EA
__________________
__________________

Mech. airway pressure gauge

PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, Equipment, Utensils, and Supplies

MANUFACTURER PART NUMBER (MPN): OPC5560

LOCAL STOCK NUMBER: OPC5560

2.00
EA
__________________
__________________

Kit pressure port guards

PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, Equipment, Utensils, and Supplies

MANUFACTURER PART NUMBER (MPN): 8608016

LOCAL STOCK NUMBER: 8608016

2.00
EA
__________________
__________________

cLIC absorber adapter

PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, Equipment, Utensils, and Supplies

MANUFACTURER PART NUMBER (MPN): MX50090

LOCAL STOCK NUMBER: MX50090

2.00
EA
__________________
__________________

Anesthetic gas recieving system (AGSS)

PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, Equipment, Utensils, and Supplies

MANUFACTURER PART NUMBER (MPN): M33300

LOCAL STOCK NUMBER: M33300

2.00
EA
__________________
__________________

AGS transfer hose, 1m

PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, Equipment, Utensils, and Supplies

MANUFACTURER PART NUMBER (MPN): M33295

LOCAL STOCK NUMBER: M33295

2.00
EA
__________________
__________________

AGS rail clamp for GCX

PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, Equipment, Utensils, and Supplies

MANUFACTURER PART NUMBER (MPN): 4117515

LOCAL STOCK NUMBER: 4117515

2.00
EA
__________________
__________________

Endotracheal suction- Kit vacuum suction

PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, Equipment, Utensils, and Supplies

MANUFACTURER PART NUMBER (MPN): 4118454

LOCAL STOCK NUMBER: 4118454

2.00
EA
__________________
__________________

Auxiliary O2 flowmeter, US

PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, Equipment, Utensils, and Supplies

MANUFACTURER PART NUMBER (MPN): OPC5020

LOCAL STOCK NUMBER: OPC5020

2.00
EA
__________________
__________________

Park holder Drager, 2 vap.

PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, Equipment, Utensils, and Supplies

MANUFACTURER PART NUMBER (MPN): 4115837

LOCAL STOCK NUMBER: 4115837

2.00
EA
__________________
__________________

Sample gas return line

PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, Equipment, Utensils, and Supplies

MANUFACTURER PART NUMBER (MPN): M32692

LOCAL STOCK NUMBER: M32692

2.00
EA
__________________
__________________

Kit power outlet strip

PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, Equipment, Utensils, and Supplies

MANUFACTURER PART NUMBER (MPN): 8607840

LOCAL STOCK NUMBER: 8607840

2.00
EA
__________________
__________________

With conversion kit- GCX rail

PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, Equipment, Utensils, and Supplies

MANUFACTURER PART NUMBER (MPN): 8606259

LOCAL STOCK NUMBER: 8606259

2.00
EA
__________________
__________________

Power strip JP/USA/CAN

PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, Equipment, Utensils, and Supplies

MANUFACTURER PART NUMBER (MPN): G92558

LOCAL STOCK NUMBER: G92558

2.00
EA
__________________
__________________

Hose ASM-02 DISS Hand 10L

PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, Equipment, Utensils, and Supplies

MANUFACTURER PART NUMBER (MPN): 4199592

LOCAL STOCK NUMBER: 4199592

2.00
EA
__________________
__________________

Hose ASM-N2O DISS Hand 10L

PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, Equipment, Utensils, and Supplies

MANUFACTURER PART NUMBER (MPN): 4199596

LOCAL STOCK NUMBER: 4199596

2.00
EA
__________________
__________________

Hose ASM-AIR DISS Hand 10L

PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, Equipment, Utensils, and Supplies

MANUFACTURER PART NUMBER (MPN): 4199594

LOCAL STOCK NUMBER: 4199594

2.00
EA
__________________
__________________

Hose ASM-VAC DISS Hand 10L

PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, Equipment, Utensils, and Supplies

MANUFACTURER PART NUMBER (MPN): 4199590

LOCAL STOCK NUMBER: 4199590

2.00
EA
__________________
__________________

Hose ASM-WAGD Hand DISS N 10 L

PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, Equipment, Utensils, and Supplies

MANUFACTURER PART NUMBER (MPN): MP20029

LOCAL STOCK NUMBER: MP20029

2.00
EA
__________________
__________________

Vapor 2000

PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, Equipment, Utensils, and Supplies

MANUFACTURER PART NUMBER (MPN): M35054

LOCAL STOCK NUMBER: M35054

2.00
EA
__________________
__________________

Sevoflurane

PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, Equipment, Utensils, and Supplies

MANUFACTURER PART NUMBER (MPN): OPC0096

LOCAL STOCK NUMBER: OPC0096

2.00
EA
__________________
__________________

Plug-in ad. Auto Exclusion

PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, Equipment, Utensils, and Supplies

MANUFACTURER PART NUMBER (MPN): OPC5417

LOCAL STOCK NUMBER: OPC5417

2.00
EA
__________________
__________________

Filling adap. Drager Fill Sev

PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, Equipment, Utensils, and Supplies

MANUFACTURER PART NUMBER (MPN): M36120

LOCAL STOCK NUMBER: M36120

6.00
EA
__________________
__________________

CLIC absorber 800+

PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, Equipment, Utensils, and Supplies

MANUFACTURER PART NUMBER (MPN): MX00004

LOCAL STOCK NUMBER: MX00004

2.00
EA
__________________
__________________

Fabius Tiro PrevCare 1Yr POS

PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, Equipment, Utensils, and Supplies

MANUFACTURER PART NUMBER (MPN): 1901075

LOCAL STOCK NUMBER: 1901075

GRAND TOTAL
__________________

B.3 DELIVERY SCHEDULE

ITEM NUMBER
QUANTITY
DELIVERY DATE
0001
SHIP TO:
Philadelphia VAMC (642)

Attn: RCV, PO # 3900 Woodland Ave.

Philadelphia, PA 19104 4551

USA

2.00
______________
MARK FOR:
Rachel Coyle

215-823-5800x206700 rachel.coyle@va.gov

0002
SHIP TO:
Philadelphia VAMC (642)

Attn: RCV, PO # 3900 Woodland Ave.

Philadelphia, PA 19104 4551

USA

2.00
______________
MARK FOR:
Rachel Coyle
0003
SHIP TO:
Philadelphia VAMC (642)

Attn: RCV, PO # 3900 Woodland Ave.

Philadelphia, PA 19104 4551

USA

2.00
______________
MARK FOR:
Rachel Coyle
0004
SHIP TO:
Philadelphia VAMC (642)

Attn: RCV, PO # 3900 Woodland Ave.

Philadelphia, PA 19104 4551

USA

2.00
______________
MARK FOR:
Rachel Coyle
0005
SHIP TO:
Philadelphia VAMC (642)

Attn: RCV, PO # 3900 Woodland Ave.

Philadelphia, PA 19104 4551

USA

2.00
______________
MARK FOR:
Rachel Coyle
0006
SHIP TO:
Philadelphia VAMC (642)

Attn: RCV, PO # 3900 Woodland Ave.

Philadelphia, PA 19104 4551

USA

2.00
______________
MARK FOR:
Rachel Coyle
0007
SHIP TO:
Philadelphia VAMC (642)

Attn: RCV, PO # 3900 Woodland Ave.

Philadelphia, PA 19104 4551

USA

2.00
______________
MARK FOR:
Rachel Coyle
0008
SHIP TO:
Philadelphia VAMC (642)

Attn: RCV, PO # 3900 Woodland Ave.

Philadelphia, PA 19104 4551

USA

2.00
______________
MARK FOR:
Rachel Coyle
0009
SHIP TO:
Philadelphia VAMC (642)

Attn: RCV, PO # 3900 Woodland Ave.

Philadelphia, PA 19104 4551

USA

2.00
______________
MARK FOR:
Rachel Coyle
0010
SHIP TO:
Philadelphia VAMC (642)

Attn: RCV, PO # 3900 Woodland Ave.

Philadelphia, PA 19104 4551

USA

2.00
______________
MARK FOR:
Rachel Coyle
0011
SHIP TO:
Philadelphia VAMC (642)

Attn: RCV, PO # 3900 Woodland Ave.

Philadelphia, PA 19104 4551

USA

2.00
______________
MARK FOR:
Rachel Coyle
0012
SHIP TO:
Philadelphia VAMC (642)

Attn: RCV, PO # 3900 Woodland Ave.

Philadelphia, PA 19104 4551

USA

2.00
______________
MARK FOR:
Rachel Coyle
0013
SHIP TO:
Philadelphia VAMC (642)

Attn: RCV, PO # 3900 Woodland Ave.

Philadelphia, PA 19104 4551

USA

2.00
______________
MARK FOR:
Rachel Coyle
0014
SHIP TO:
Philadelphia VAMC (642)

Attn: RCV, PO # 3900 Woodland Ave.

Philadelphia, PA 19104 4551

USA

2.00
______________
MARK FOR:
Rachel Coyle
0015
SHIP TO:
Philadelphia VAMC (642)

Attn: RCV, PO # 3900 Woodland Ave.

Philadelphia, PA 19104 4551

USA

2.00
______________
MARK FOR:
Rachel Coyle
0016
SHIP TO:
Philadelphia VAMC (642)

Attn: RCV, PO # 3900 Woodland Ave.

Philadelphia, PA 19104 4551

USA

2.00
______________
MARK FOR:
Rachel Coyle
0017
SHIP TO:
Philadelphia VAMC (642)

Attn: RCV, PO # 3900 Woodland Ave.

Philadelphia, PA 19104 4551

USA

2.00
______________
MARK FOR:
Rachel Coyle
0018
SHIP TO:
Philadelphia VAMC (642)

Attn: RCV, PO # 3900 Woodland Ave.

Philadelphia, PA 19104 4551

USA

2.00
______________
MARK FOR:
Rachel Coyle
0019
SHIP TO:
Philadelphia VAMC (642)

Attn: RCV, PO # 3900 Woodland Ave.

Philadelphia, PA 19104 4551

USA

2.00
______________
MARK FOR:
Rachel Coyle
0020
SHIP TO:
Philadelphia VAMC (642)

Attn: RCV, PO # 3900 Woodland Ave.

Philadelphia, PA 19104 4551

USA

2.00
______________
MARK FOR:
Rachel Coyle
0021
SHIP TO:
Philadelphia VAMC (642)

Attn: RCV, PO # 3900 Woodland Ave.

Philadelphia, PA 19104 4551

USA

2.00
______________
MARK FOR:
Rachel Coyle
0022
SHIP TO:
Philadelphia VAMC (642)

Attn: RCV, PO # 3900 Woodland Ave.

Philadelphia, PA 19104 4551

USA

2.00
______________
MARK FOR:
Rachel Coyle
0023
SHIP TO:
Philadelphia VAMC (642)

Attn: RCV, PO # 3900 Woodland Ave.

Philadelphia, PA 19104 4551

USA

2.00
______________
MARK FOR:
Rachel Coyle
0024
SHIP TO:
Philadelphia VAMC (642)

Attn: RCV, PO # 3900 Woodland Ave.

Philadelphia, PA 19104 4551

USA

2.00
______________
MARK FOR:
Rachel Coyle
0025
SHIP TO:
Philadelphia VAMC (642)

Attn: RCV, PO # 3900 Woodland Ave.

Philadelphia, PA 19104 4551

USA

2.00
______________
MARK FOR:
Rachel Coyle
0026
SHIP TO:
Philadelphia VAMC (642)

Attn: RCV, PO # 3900 Woodland Ave.

Philadelphia, PA 19104 4551

USA

2.00
______________
MARK FOR:
Rachel Coyle
0027
SHIP TO:
Philadelphia VAMC (642)

Attn: RCV, PO # 3900 Woodland Ave.

Philadelphia, PA 19104 4551

USA

2.00
______________
MARK FOR:
Rachel Coyle
0028
SHIP TO:
Philadelphia VAMC (642)

Attn: RCV, PO # 3900 Woodland Ave.

Philadelphia, PA 19104 4551

USA

2.00
______________
MARK FOR:
Rachel Coyle
0029
SHIP TO:
Philadelphia VAMC (642)

Attn: RCV, PO # 3900 Woodland Ave.

Philadelphia, PA 19104 4551

USA

2.00
______________
MARK FOR:
Rachel Coyle
0030
SHIP TO:
Philadelphia VAMC (642)

Attn: RCV, PO # 3900 Woodland Ave.

Philadelphia, PA 19104 4551

USA

2.00
______________
MARK FOR:
Rachel Coyle
0031
SHIP TO:
Philadelphia VAMC (642)

Attn: RCV, PO # 3900 Woodland Ave.

Philadelphia, PA 19104 4551

USA

2.00
______________
MARK FOR:
Rachel Coyle
0032
SHIP TO:
Philadelphia VAMC (642)

Attn: RCV, PO # 3900 Woodland Ave.

Philadelphia, PA 19104 4551

USA

2.00
______________
MARK FOR:
Rachel Coyle
0033
SHIP TO:
Philadelphia VAMC (642)

Attn: RCV, PO # 3900 Woodland Ave.

Philadelphia, PA 19104 4551

USA

2.00
______________
MARK FOR:
Rachel Coyle
0034
SHIP TO:
Philadelphia VAMC (642)

Attn: RCV, PO # 3900 Woodland Ave.

Philadelphia, PA 19104 4551

USA

6.00
______________
MARK FOR:
Rachel Coyle
0035
SHIP TO:
Philadelphia VAMC (642)

Attn: RCV, PO # 3900 Woodland Ave.

Philadelphia, PA 19104 4551

USA

2.00
______________
MARK FOR:
Rachel Coyle

Statement of Need for Draeger Apollo Anesthesia Workstation at The Corporal Michael J. Crescenz Medical Center Philadelphia VAMC 3900 Woodland Ave Philadelphia, PA 19104

1. Background

1.1. Anesthesia machines are essential for anesthetizing VA Philadelphia’s Veterans requiring surgery or special procedures. The veteran population of VAMC Philadelphia includes a wide range of ages and diagnoses including acute and chronic lung diseases, cardio-thoracic abnormalities, and metabolic disorders resulting in vascular deficiencies as well as morbid obesity that require precise and advanced modes of ventilation, which only the Draeger anesthesia machines offer.

1.2. The Draeger Fabius Tiro combines everything you need to provide high-quality ventilation in small spaces. Its compact design makes it a natural choice for applications where you need to get the most of the available room without having to compromise on features or flexibility. With a wide array of options to choose from, the Fabius Tiro can be customized to suit your needs and even be upgraded when those needs change.

2. Scope

2.1. The Corporal Michael J. Crescenz Medical Center Philadelphia VAMC has a new brand name only request for one (1) Draeger Fabius Tiro Anesthesia Machine for anesthesia care in offsite locations and specialty areas complying with National Anesthesia Directive 1220. It is the desire of the anesthesia department to standardize on the same brand of anesthesia machine (in this case, Draeger Apollo, Tiro, and Fabius MRI anesthesia machines) having the same standard of care throughout the operating rooms and all remote anesthetizing locations and to assure standardization of user interface for patient safety purposes.

3. Requirement:

3.1. Salient Characteristics for Brand Name Draeger Fabius Tiro Anesthesia Workstation

3.1.1. Draeger Infinity Delta monitor with Scio gas analyzer

3.1.2. Compact breathing system

3.1.3. Quick and easy replaceable CLIC absorber

3.1.4. Compact, space-saving design

3.1.5. High-contrast monitor

3.1.6. “Learn one, know all” consistent user interface with Dräger’s other Fabius family anesthesia machines

3.1.7. Optional wall mount

3.1.8. Standardized Dräger user interface for easy and intuitive operation

3.1.9. All major ventilation modes

3.1.10. E-vent piston ventilator

3.1.11. Stowaway Table

3.1.12. Three (3) large drawers

3.1.13. Highly maneuverable cart

3.1.14. Intelligent safety features for enhanced patient protection

3.1.15. CLIC absorber compatible

3.1.16. Smaller size type of Anesthesia machine due to lack of space in area this will be set-up.

3.1.17. Lung Protective Ventilation

3.1.17.1. Operational Application-Easy-to-use anesthesia machine for confined spaces

3.1.17.2. Patient categories-Adults, pediatrics, neonates

3.1.17.3. Fresh gas decoupling

3.1.17.4. Ventilator technology-Electronically-controlled E-Vent

3.1.17.5. APL-Technology/Precise manual ventilation-Dräger APL-Valve

3.1.17.6. Breathing gas warmer-optional

3.1.17.7. Low- and minimal flow setting support-Visual filling level of bag

3.1.18. Ventilation Modes

3.1.18.1. Man/Spon

3.1.18.2. Volume Controlled (VC)

3.1.18.3. VC Synchronized + PS

3.1.18.4. Pressure Controlled (PC)

3.1.18.5. Pressure Support

3.1.19. Features

3.1.19.1. Screen Display-6.5" TFT black/amber or colour

3.1.19.2. Vaporizers capability-1

3.1.19.3. Device self-test-Semi-automatic self test

3.1.19.4. LOOPS (p/V-loop and flow/V-loop)-With Dräger patient monitoring

3.1.19.5. Smart Pilot View-Yes

3.1.19.6. Patient gas module-in/ex O2, N2O, CO2, Agent (with Scio four/Vamos)

3.1.20. Technical Data

3.1.20.1. Device versions-Trolley version, wall version & ceiling version

3.1.20.2. Breathing system-Easy-to-position (mounted left or right on an arm)

3.1.20.3. Fresh-gas mixer-Mech. mixer with digital read-out (manual needle valves)

3.1.20.4. Gases-O2, Air, N2O

3.1.20.5. Serial interfaces-2x RS232

3.1.21. Technical Specifications

3.1.21.1. BASE UNIT

3.1.21.1.1. Dimensions W × H × D

3.1.21.1.1.1. Cart version without COSY Approx. 22.8 × 53.6 × 24.7 in (57.9 × 136.1 × 62.7 cm)

3.1.21.1.1.2. Cart version (incl. COSY) Approx. 30.5 × 53.6 × 33.0 in (77.2 × 136.1 × 83.8 cm)

3.1.21.1.1.3. Wall version (incl. mounting bracket and COSY) Approx. 28.4 × 21.9 × 30.5 in (72.1 × 55.6 × 77.5 cm)

3.1.21.1.2. Weight and load

3.1.21.1.2.1. Fabius Tiro Cart (incl. COSY) without supplementary cylinders and vaporizers 256 lb (116 kg)

3.1.21.1.2.2. Wall mount (incl. mounting bracket) 105.5 lb (47.8 kg)

3.1.21.1.2.3. Power and battery backup

3.1.21.1.2.4. Power input 100 to 240 VAC, 50/60 Hz, 70 VA

3.1.21.1.3. Operation time with fully charged batteries Minimum 45 minutes (up to 120 minutes)

3.1.21.2. ANESTHESIA GAS SUPPLY MODULE

3.1.21.2.1. Range of fresh gas flow indicators 0.00 to 12.0 l/min

3.1.21.2.2. Total fresh gas flow meter 0 to 10 l/min, calibrated with 50% O2 and 50% N2O mixture

3.1.21.2.3. O2 flush At 87 psi (6 bar): max. 75 l/min; at 41 psi (2.8 bar): min. 25 l/min)

3.1.21.2.4. Vaporizer mount Single Dräger or Selectatec; optional standby vaporizer parking holder

3.1.22. VENTILATOR OPERATING SPECIFICATIONS

3.1.22.1. Ventilator E-vent Electronically controlled, electrically driven

3.1.22.2. Operating modes-Standard:

3.1.22.2.1. Manual/spontaneous, Volume control (VC), Option: pressure control (PC), Option: pressure support (PS), Option: synchronized volume control, Ventilation with PS (SIMV/PS)

3.1.22.3. Control input ranges

3.1.22.3.1. Breathing frequency (rate) 4 to 60 bpm

3.1.22.3.2. Positive end expiratory pressure (PEEP) 0 to 20 cm H2O

3.1.22.3.3. Inspiration/expiration ratio (Ti:Te) 4:1 to 1:4

3.1.22.3.4. Pressure limit (Pmax) 15 to 70 cm H2O

3.1.22.3.5. Tidal volume (Vt) 20 to 1,400 ml in volume control; 20 to 1,100 ml in SIMV/PS

3.1.22.3.6. Inspiration pause (Tip:Ti) 0 to 50%

3.1.22.3.7. SIMV inspiratory time 0.3 to 4.0 sec

3.1.22.3.8. Inspiratory pressure (Pinsp) PEEP +5 to 65 cm H2O

3.1.22.3.9. Inspiratory flow (InspFlow) 10 to 75 l/min in volume and pressure control; 10 to 85 l/min in pressure support

3.1.22.3.10. Pressure support level (PPS) PEEP +3 to 20 cm H2O

3.1.22.3.11. Min. frequency for apnea ventilation (freq. in min.) 3 to 20 bpm and “OFF”

3.1.22.3.12. Trigger level 2 to 15 l/min

3.1.23. Integrated safety functions

3.1.23.1. Sensitive oxygen ratio controller (S-ORC) guarantees a minimum O2 concentration of 23% in an O2/N2O mixture. N2O is cut off if the O2 fresh gas valve is closed or if O2 flow is less than 0.2 l/min. Audible and visual (flashing red LED) indications turn on in the event O2 pressure drops below 20 psi (1.38 bar) ±4 psi (0.27 bar). In the event of electricity and battery failure, manual ventilation, gas delivery, and agent delivery are possible. Positive pressure relief valve opens at 75 ±5 cm H2O. Negative pressure relief valve opens at –8 ±2 cm H2O.

3.1.24. Ventilator monitoring

3.1.24.1. Monitoring Continuous monitoring of inspiratory O2 concentration, breathing frequency, tidal volume expiratory, expiration, minute volume, peak airway pressure, PEEP, and selection of mean or plateau pressure. In addition, all fresh gas flow information is displayed as virtual flow tubes.

3.1.24.2. Expiratory minute volume range 0 to 99 l/min

3.1.24.3. Control screen 6.5 in (16.5 cm); black/amber (color mode option)

3.1.25. BREATHING SYSTEM

3.1.25.1. Volume of entire compact breathing system 1.7 L plus bag

3.1.25.2. Volume of CO2 absorber 1.5 L (standard) [option: prefilled Dräger Sorb CLIC absorber with 1.2 L volume]

3.1.26. GAS SUPPLY AND CONNECTION

3.1.26.1. Gas supply O2, N2O, and air

3.1.26.2. Cylinder yokes O2 and N2O pin-indexed hanger yoke

3.2. Table 1

Line No.
Part No.
Description
Qty
0001
8606000
Fabius Tiro
2
0002
OPC5386
Trolley mount version USA
2
0003
OPC5199
Vaporizer plug-in sys., single
2
0004
OPC5418
Pin Index cylinder sup.O2-AIR
2
0005
OPC5236
2nd RS232 port-COM2
2
0006
OPC5328
PCV + PS + SIMV/PS Option Package
2
0007
OPC5448
Color screen
2
0008
OPC5359
Cosy 2.6 with heating
2
0009
OPC5377
COSY arm, length 200 mm, left
2
0010
OPC5220
Moisture reduction kit, left
2
0011
8605088
Flexible breathing bag arm
2
0012
OPC5560
Mech. Airway pressure gauge
2
0013
8608016
Kit pressure port guards
2
0014
MX50090
CLIC Absorber adapter
2
0015
M33300
AGSS
2
0016
M33295
AGS transfer hose, 1 m
2
0017
4117515
AGS rail clamp for GCX
2
0018
4118454
Kit vacuum suction, USA
2
0019
OPC5020
Auxiliary O2 flowmeter, US
2
0020
4115837
Park holder Dräger, 2 vap.
2
0021
M32692
Sample gas return line
2
0022
8607840
Kit power outlet strip
2
0023
8606259
With conversion kit-GCX rail
2
0024
G92558
Power strip JP/USA/CAN
2
0025
4199592
Hose ASM-02 DISS HAND 10L
2
0026
4199596
Hose ASM-N2O DISS HAND 10L
2
0027
4199594
Hose ASM-AIR DISS HAND 10L
2
0028
4199590
Hose ASM-VAC DISS HAND 10L
2
0029
MP20029
HoseASM-WAGD HAND DISS N 10L
2
0030
M35054
Vapor 2000
2
0031
OPC0096
Sevoflurane
2
0032
OPC5417
Plug-in ad. Auto Exclusion
2
0033
M36120
Filling adap. Dräger Fill Sev
2
0034
MX00004
CLIC absorber 800+
6
0035
1901075
Fabius Tiro PrevCare 1Yr POS
2

4. Place of Performance

All work will be performed at:

Corporal Michael J. Crescenz Medical Center Philadelphia VAMC 3900 Woodland Ave Philadelphia, PA 19104

5. Delivery and installation:

5.1. The contractor shall provide a schedule of completion, with activity listings and start/stop relationships.

5.2. Delivery must be FOB Destination, within 30 Days from the time of the award. All items and accessories must be delivered to:

Corporal Michael J. Crescenz Medical Center Philadelphia VAMC 3900 Woodland Ave Philadelphia, PA 19104

5.3. Normal business hours for acceptance of deliveries are 08:00 AM-16:00 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 must 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 to 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.

6. Security

6.1. The C&A requirements do not apply, and a Security Accreditation Package is not required.

36C24423Q0233

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
OCT 2022
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.

[X] 852.271–75, Extension of Contract Period.

[X] 852.273–70, Late Offers.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause: Not Applicable (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 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns.

(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 852.219-78 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (SEP 2021) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(k)(2), the offeror certifies that—

(1) If awarded a contract (see F(a)FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows: [Offeror check the appropriate box]

(i) [ ] In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(ii) [ ] In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) is granted. The offeror understands that, as provided in 13 CFR 121.406(b)(7), such a waiver has no effect on requirements external to the Small Business Act, such as the Buy American Act or the Trade Agreements Act.

(2) Manufacturer or nonmanufacturer representation and certification. [Offeror fill-in—check each applicable box below. The offeror must select the applicable provision below, identifying itself as either a manufacturer or nonmanufacturer]:

(i) [ ] Manufacturer or producer. The offeror certifies that it is the manufacturer or producer of the end item being procured, and the end item is manufactured or produced in the United States, in accordance with paragraph (a)(1)(i).

(ii) [ ] Nonmanufacturer. The offeror certifies that it qualifies as a nonmanufacturer in accordance with the requirements of 13 CFR 121.406(b) and paragraph (a)(1)(ii). The offeror further certifies it meets each element below as required to qualify as a nonmanufacturer. [Offeror fill-in—check each box below.] [ ] The offeror certifies that it does not exceed 500 employees (or 150 employees for the Information Technology Value Added Reseller exception to NAICS code 541519, which is found at 13 CFR 121.201, footnote 18).

[ ] The offeror certifies that it is primarily engaged in the retail or wholesale trade and normally sells the type of item being supplied.

[ ] The offeror certifies that it will take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice.

(iii) [ ] The offeror certifies that it will supply the end item of a small business manufacturer, processor, or producer made in the United States, unless a waiver as provided in 13 CFR 121.406(b)(5) has been issued by SBA. [Contracting Officer fill-in or removal (see 13 CFR 121.1205). This requirement must be included for a single end item. However, if SBA has issued an applicable waiver of the nonmanufacturer rule for the end item, this requirement must be removed in the final solicitation or contract.] or [Contracting Officer tailor clause to remove one or other block under subparagraph (iii).] [ ] If this is a multiple item acquisition, the offeror certifies that at least 50% of the estimated contract value is composed of items that are manufactured by small business concerns. [Contracting Officer fill-in or removal. See 13 CFR 121.406(d) for multiple end items. If SBA has issued an applicable nonmanufacturer rule waiver, this requirement must be removed in the final solicitation or contract.]

(3) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(4) If VA determines that an SDVOSB/VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and

(iii) Prosecution for violating section 1001 of title 18.

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract or to determine whether the offeror qualifies as a manufacturer or nonmanufacturer in compliance with the limitations on subcontracting requirement. Contracting Officer may, at their discretion, require the Contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the Contracting Officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed, and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification:

I hereby certify that if awarded the contract, [insert name of offeror] qualifies as a manufacturer or nonmanufacturer as stated herein and that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting requirement specified in the resultant contract, unless a waiver as described in 13 CFR 121.406(b)(5) is granted. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].

Printed Name of Signee:________________________________________ Printed Title of Signee:_________________________________________ Signature:___________________________________________________ Date:_____________________ Company Name and Address: ________________________________________ (End of Clause)

C.9 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.10 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

Shipment of deliverable items, other than reports, shall be to:

Department of Veterans Affairs Philadelphia VAMC Attn: RCV, PO # 3900 Woodland Ave.

Philadelphia PA 19104-4551 (End of Clause)

C.11 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.12 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 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.

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