36C24424Q0418.docx

36C24424Q0418

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

503-24-1-735-4293 36C24424Q0418 03-08-2024 Keri Hester, keri.hester1@va.gov 412-651-2984 03-2 -2024

16:00 PM

EDT

36C244 Department of Veterans Affairs Network Contracting Office 4 VA Pittsburgh Healthcare System 1010 Delafield Road Pittsburgh, PA 15215 X 339113 800 Employees N/A X 36C503 James E. Van Zandt VA Medical Center 2907 Pleasant Valley Boulevard Altoona, PA 16602

36C244 Department of Veterans Affairs Network Contracting Office 4 Same as Block 9

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

(877) 353-9791

(512) 460-5429 See CONTINUATION Page Altoona VAMC Prosthetics and Orthotics IDC See Section B and Statement of Need for services required in accordance with the cost/price schedule.

Resulting Multiple Award ID/IQ Five-Year Contracts.

POP will be date of award thru 2029.

See CONTINUATION Page X X Victoria Droz Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: Vendor Please Complete

b. GOVERNMENT: Victoria Droz, Contracting Officer 36C244 Department of Veterans Affairs Network Contracting Office 4 VA Pittsburgh Healthcare System 1010 Delafield Road Pittsburgh, PA 15215

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Prosthetic and Orthotic Items and Services

TO INCLUDE:

Artificial Limbs Orthotic Devices Custom Molded Shoes Diabetic / Orthopedic Footwear Measure and Fit Contract Diabetic Shoes

See SOW for all information

B.3 DELIVERY SCHEDULE

James E Van Zandt VA Medical Center 2907 Pleasant Valley Blvd Altoona, PA 16602

USA

814-943-8164x17137 any.benson2@va.gov

B.4 STATEMENT OF WORK

B.4.1 BACKGROUND

The Department of Veterans Affairs (VA) has an ongoing program to furnish artificial limbs, orthotic Services and orthoses to those Veterans that require them and are eligible for assistance. The Prosthetic and Orthotic Services shall be provided to the Altoona VAMC- James E Van Zandt VA Medical Center. It is VA’s intention to solicit proposals and award multiple firm fixed price indefinite delivery / indefinite quantity type Contracts on a competitive basis under the authority of Title 38 U.S.C. Section 8123.

The James E Van Zandt VA Medical Center shall make award based on the proposals that represent the best value to the Government. The Government may award a Contract on the basis of initial offers received, without discussions. Therefore, each initial offer should contain the offerors best terms from a cost / price and technical standpoint.

MULTIPLE AWARDS

The Government intends to award multiple firm indefinite delivery contracts (IDC) pursuant to this solicitation for commercial items. The IDCs shall be for 5 years from date of award. However, the government will review pricing annually. The Contracting Officer shall determine the individual proposals evaluated to be most advantageous to the Government based on an integrated assessment of each offeror’s proposal.

B.4.2 SCOPE

Standard of Performance The Contractor shall fabricate all artificial limbs in strict conformance to the prosthetic prescription that has been provided by the VA Amputee Clinic Team for each item furnished under this Contract. Contractor shall not add or substitute components or alter the beneficiary’s limb prescription in any way without prior approval and written authority from the VA Amputee Clinic Team Prosthetic Representative or designee. The Contractor shall provide service including evaluation, manufacture, fitting and adjustment of Orthotic devices by its qualified Orthotist. An orthosis is a device fitted externally to an anatomical portion of the body to influence motion by assisting, resisting, blocking, or unloading part of the body weight. An orthosis may be used to correct deformity, compensate for weakness, or protect a body segment. It includes, but is not limited to, custom and non-custom devices, corsets, trusses, and belts.

B.4.3 GENERAL REQUIREMENTS:

Artificial limbs, parts and repairs must be procured, fabricated and issued to eligible beneficiaries by prescription from a designated physician assigned to the Amputee Clinic Team or from the Prosthetic Representative in accordance with the policies and procedures outlined in the Provision of Prosthetic and Rehabilitative Items and Services (PARIS) Regulation and VHA Directive 2012-020. Contractor shall not add or substitute components or alter the beneficiary’s limb prescription in any way without prior approval and written authority from the VA Amputee Clinic Team Prosthetic Representative or designee. Veterans who are eligible for Orthotic services may be provided with arch supports, shoe modifications, functional foot orthotics, depth inlay shoes, healing shoes, custom-made orthopedic shoes, and alternative footwear. Footwear and modifications must be prescribed by the appropriate VAMC clinician and in accordance with the 1173 Handbook and the PAVE Directive.

Services will be provided to eligible Veteran patients on an inpatient and outpatient basis, upon referral of a VA credentialed physician, or be a practitioner working under the direct supervision of a physician (i.e., clinical nurse specialist, physician’s assistant, and nurse practitioner). All services provided by the Contractor shall be furnished in accordance with a plan of care established by the VA physician responsible for the patient’s care. The plan-of-care may not be altered in type, amount, frequency, or duration, except in cases of an adverse reaction to a specific service or treatment and only upon written instructions from the VA physician.

B.4.4 SPECIFIC REQUIREMENTS:

SOLICITATION OF BENEFITS: The Contractor agrees not to (directly or indirectly through agents) solicit eligible Veterans beneficiaries through any means such as, but not limited to, utilizing any advertisements or mailing lists (see contract Clause 852.270- 4 Commercial Advertising), contacting the Veteran directly, VA clinics, etc. VA personnel shall not direct, guide, or prompt a veteran beneficiary to a specific Contractor except when a physician determines that it is a medical necessity. To assist in the selection of their Prosthetist, all eligible veteran beneficiaries shall be given a current list of Contract providers located within the VISN Medical Center jurisdiction. The list of Contract providers shall contain the following header statement in boldface type:

YOU HAVE THE RIGHT TO SELECT THE ARTIFICIAL LIMB CONTRACTOR OF YOUR CHOICE FROM ANY OF THE VA APPROVED CONTRACTOR. ANY ATTEMPT TO INFLUENCE YOUR DECISION OR TO DIRECT YOU TO ANY PARTICULAR CONTRACTOR SHOULD BE REPORTED TO THE MEDICAL CENTER DIRECTOR OF THIS FACILITY.

EDUCATIONAL AND TRAINING REQUIREMENTS: The Contractor’s facilities shall be approved by the Facility Accreditation Program of the American Board of Certification in Orthotics and Prosthetics, Inc. (ABC), or the Accredited Facilities Program of the Board of Certification (BOC). Throughout the duration of this contract, notification of any facilities added, changed, or closed must be reported to the COR prior to opening or closing. Contractor shall have a full-time American Board Certified (ABC) or Board of Orthotist Certification (BOC) practitioner and shall provide all services in compliance with the Joint Commission on the Accreditation of Healthcare Organizations (JC), or equal, standards. The Contractor and its employees shall observe and comply with, to the extent possible, the standards, policies, procedures, rules and regulations established by the Department of Veteran Affairs and those set forth by relevant professional organizations; the Joint Commission on the Accreditation of Health Care Organizations (JC); third party reimbursing organizations, regulatory agencies; and all federal, state and local laws, rules and regulations, as well as the code of ethics of the professional organization governing the profession of orthotics.

Special Education Requirements for Certain Prostheses The fitting and alignment of the following prostheses/services must be performed under the supervision of a Prosthetist who has met the applicable educational and training requirements.

(1) Ischial Containment Prosthetic Designs Natural Shape / Natural Aligned Sockets (NSNA) (Also known as Long’s Line or technique) Icelandic Scandanavien New York (ISNY) Flexible Wall Sockets (FWS) Contoured Adducted Trochanteric-Controlled Alignment Method (CAT/CAM)

(2) Microprocessor knee

(3) Silicone suction sockets (3S)

(4) Tec Harmony System

At a minimum, this training shall include CAD/CAM, Longs Technique, NSNA, and/or educational seminars specific to the fabrication and servicing of these components that were presented by organizations such as National Association for the Advancement of Orthotics and Prosthetics (NAAOP), American Academy of Orthotics and Prosthetics (AAOP), American Orthotic and Prosthetic Association (AOPA), International Association of Orthotics and Prosthetics (IAOP), or a formal program which is specifically designed to train Prosthetist in the fabrication of these sockets.

B.4.5 METHOD OF DELIVERY

The VA shall require the Contractor to deliver items ordered under this Contract no later than 45 calendar days after receipt of a delivery purchase order. The Contractor shall notify the VA Prosthetic Representative and explain the reason(s) in the event the Contractor is unable to deliver the required items in accordance with the Government's required delivery date. Failure by the Contractor to provide a written notification as stated above within 7 calendar days after receipt of an order constitutes acceptance of an order.

In the event that a veteran beneficiary dies prior to delivery and acceptance of an artificial limb, VA shall pay the Contractor for the work performed up to the point that they are notified to stop work. The pricing paid shall be mutually agreed upon by the Contractor and COR upon notification of the death and shall not exceed the Contract price of the limb less the salvage value of the unused limb.

In the event the Government desires expedited delivery, the ordering activity shall telephonically contact the Contractor and inquire into the feasibility of obtaining this condition. The Contractor shall respond within 24 hours to such request and expedited delivery shall be mutually agreed upon. Any additional costs incurred by the Contractor for meeting this requirement shall be negotiated in accordance with clause 52.212-4, Contract Terms and Conditions--Commercial Items. (Note: Failure by the Contractor to deliver the order on an expedited basis, or otherwise fulfill the agreed upon requirements shall constitute an event of default, and the Contracting Officer shall undertake any action authorized pursuant to this solicitation, or otherwise in accordance with applicable statutes and regulations. Additional Expedited Delivery terms and conditions will be determined by the Contracting Officer or Contracting Officer’s Technical Representative and stated in the individual task or delivery order).

Typically, Veteran beneficiaries who are experienced prosthetic wearers will normally be measured, fitted, and accept delivery of their prosthesis at the Contractor’s facility. Veteran beneficiaries who are not experienced prosthetic wearers (first time prosthetic user) will normally be measured, fitted, and accept delivery at the ordering VA facility. The conditions of and point of measurement, fitting, delivery, inspection, and acceptance of prosthetic appliances shall be at the discretion of the Amputee Clinic Team, Prosthetic Representative, Chief of Prosthetics, or prescribing physician and will be determined on a case by case basis.

Services will be provided at the Contractor’s commercial locations . At least two (2) locations are required, although more than two (2) are preferred. The locations must be somewhere within the following Counties: Pennsylvania: Bedford, Blair, Cambria, Cameron, Centre, Clearfield, Clinton, Elk, Huntingdon, Indiana, Jefferson, Juniata, Mifflin, and Somerset.

B.4.6 RECORDS MANAGEMENT LANGUAGE

The Contractor is a VA contractor and will assist in the provision of health care to patients seeking such care from or through VA. As such, the Contractor is considered as being part of the Department health care activity. The contractor is considered to be a VA contractor for purposes of the Privacy Act, Title 5 U.S.C. 552a. Further, for the purpose of VA records access and patient confidentiality, Contractor is considered to be a VA contractor for the following provisions: Title 38 U.S.C. 5701, 5705, and 7362. Therefore, Contractor may have access, as would other appropriate components of VA, to patient medical records including patient treatment records pertaining to drug and alcohol abuse, HIV, and sickle cell anemia, to the extent necessary to perform its contractual responsibilities. However, like other components of the Department, and not withstanding any other provisions of the sharing agreement, the Contractor is restricted from making disclosures of VA records, or information contained in such records, to which it may have access, except to the extent that explicit disclosure authority from VA has been received. The Contractor is subject to the same penalties and liabilities for unauthorized disclosures of such records as VA. The records referred to above shall be and remain the property of VA and shall not be removed or transferred from VA except in accordance with U.S.C.552a (Privacy Act), 38 U.S.C. 5701 (Confidentiality of claimants records), 5 U.S.C. 552 (FOIA), 38 U.S.C. 5705 (Confidentiality of Medical Quality Assurance Records) 38 U.S.C. 7332 (Confidentiality of certain medical records) and federal laws, rules and regulations. Subject to applicable federal confidentiality or privacy laws, the Contractor, or their designated representatives, and designated representatives of federal regulatory agencies having jurisdiction over Contractor, may have access to VA ‘s records, at VA’s place of business on request during normal business hours, to inspect and review and make copies of such records.

B.4.6 METHOD OF DELIVERY:

The Contractor warrants the Prosthetics Appliances provided against defective material and/or workmanship for a minimum of 90 calendar days from the date of acceptance. Manufacturer’s component warranties that extend beyond the minimum 90-day period shall be in effect and also enforced. The Contractor agrees to furnish without additional cost to the government, all labor and materials necessary to correct defects that were detected during the guarantee period. These conditions do not apply to adjustments incidental to the device adjustments required by physical change of the wearer, or where there is evidence of deliberate misuse or alteration by anyone other than the Contractor.

The Contractor shall immediately notify all effected VAMC (s) and Contracting activities in the event of a product recall, removal, required adjustment, or required modification that is suggested or mandated by the Contractor, distributor, manufacturer, or any regulatory or official agency. The information that shall be included in this notification includes:

1. A complete item description, identification.

2. Administrative identification data including Contract number, order numbers, and order date.

3. Reasons for recall, removal, adjustment, or modification.

4. Instructions for appropriate corrective action.

The majority of devices are purchased from the contracted vendor and is inclusive of all fittings and adjustments. There are a few items such as diabetic footwear which are purchased by the VA and/or stocked by Prosthetics.

B.4.7 PATIENT PRIVACY

The Altoona VAMC will provide the Contractor with access to pertinent medical information within the existing privacy rules and regulations for the purpose of providing coordinated comprehensive care. Contractor shall ensure the confidentiality of all patient information and shall be liable in the event of breach of confidentiality. Contract employees and any subcontracted employees will be required to complete the VA HIPPA and Privacy training annually thru the Talent Management System (TMS) . Due to the confidentiality of medical reports, all transcription must be completed in areas that provide reasonable security. All documents are confidential and are protected under the provisions of the Federal Privacy Act of 1974, (Public Law 93-579) and the Health Insurance Portability Accountability Act (HIPPA) of 1996, (Public Law 191-104) to assure the utmost in patient confidentiality. All vendor personnel shall be required to observe the requirements imposed by sensitive data by law, federal regulations, VA statutes, policies, and associated requirements to ensure appropriate screening of personnel. The Contractor shall ensure that personnel and sub-Contractor personnel shall safeguard all Protected Health Information (PHI) and Personal Identifiable Information (PII) and information shall be divulged only to those offices and officials of the VA authorized to receive such information. Violation of these statutory provisions, as stated in agency regulations, by the Contractor or Contractor employees may involve imposition of criminal penalties. Pursuant to Department of Veterans Affairs Health Administration policy, it is understood that records generated by the Contractor in the course of services provided under this contract are exclusive property of the Altoona VAMC and are covered by the VA Privacy Act (Records 24 VA 136), Altoona VAMC has the unrestricted right of access to such records.

B.4.8 PATIENT EDUCATION

Contractor will be responsible for providing training to the Veteran for:

1. Cleaning and maintenance instructions.

2. How to don and doff the custom orthotic, including how to properly fit.

3. How to inspect the skin for pressure areas, redness, irritation, skin breakdown, pain, or edema.

4. How and when to use an interface, such as stockinettes, socks, gloves, or shoes to accommodate the custom orthotic.

5. How to report problems related to the custom orthotics to the contractor.

6. How to report problems related to the artificial limbs to the contractor.

Training provided must be documented on a check sheet to be developed by the contractor. The check sheet will be completed when the Veteran is issued an orthotic device. A complete check sheet will be submitted to the VA COR upon delivery.

SURVEY REQUIREMENTS:

Contractor will provide each Veteran served with a customer service survey to be furnished by the Department of Veterans Affairs. Completed surveys will be available the Prosthetics Department upon request. Any surveys returned with a negative response will be submitted to the Prosthetics Department with a plan of correction addressing any unsatisfactory responses within 5 business days of receipt from the Veteran.

B.4.9 INVOICE AND PAYMENTS

The Contractor shall submit a delivery ticket to the Altoona VA Prosthetics Department within ten (10) calendar days of delivery of Orthotic appliance to the patient. The Contractor shall charge the respective Government Purchase Card upon delivery of the device. At no time is the Contractor permitted to charge any Government Purchase Card without prior authorization, including repairs. All payments shall be made by the Government Purchase Card (VISA).

The Contractor shall submit a properly prepared invoice for payment. Invoices received without proper documentation as described below will be returned to Contractor without action and payment will be delayed or disputed Until proper invoicing is provided. Invoice for payment shall include the following:

1. Contract Number

2. Purchase/Delivery Order Number

3. Invoice Date

4. Beneficiary’s Name and last four (4) digits of Social Security Number

5. Applicable L-Code with short description of product or services provided (as applicable) and the accurate prevailing charge in accordance with the agreed upon discount as stated in the Price Schedule

6. Date of performance

7. Purchase card receipt and signed acceptance receipt from beneficiary must accompany invoice

The Contractor shall accept payment for services rendered under this contract as payment in full and will not bill the veteran or his/her third party insurer for any services under this contract or for additional services for which the VA pays the Contractor outside this contract.

B.4.10 THE JOINT COMMISSION (JC) AND OTHER SPECIAL REQUIREMENTS

Where the contract does not require Joint Commission accreditation or other regulatory requirements regarding worker competency, the Contractor must perform the required work in accordance with Joint Commission standards. The Contractor must demonstrate that he/she has met or exceeded Joint Commission requirements. The contractor is required to develop and maintain the following documents for each Contractor employee working on the contract: credentials and qualifications for the job; a current competence assessment checklist (an assessment of knowledge, skills, abilities and behaviors required to perform a job correctly and skillfully; includes knowledge and skills required to provide care for certain patient populations, as appropriate.); a current performance evaluation supporting ability of the Contractor employee to successfully perform the work required in this solicitation; and listing of relevant continuing education for the last two years. The Contractor will provide current copies of these records at the time of contract award and annually on the anniversary date of contract award to the VA COTR, or upon request, for each Contractor employee working on the contract.

The Contractor will be responsible to ensure that Contractor employees providing work on this contract are fully trained and completely competent to perform the required work.

The Contractor is required to maintain records that document competence/performance level of Contractor employees working on this contract in accordance with Joint Commission and other regulatory body requirements. The Contractor will provide a current copy of the competence assessment checklist and annual performance evaluation to the Contracting Officer’s Technical Representative (COTR) for each Contractor employee working on this contract.

When changes in Contractor personnel are approved in accordance with the “Key Personnel” clause of the contract, the Contractor must provide evidence of orientation, the current competence assessment, and current performance evaluation that supports the above.

Where the contract does not require Joint Commission accreditation or other regulatory body requirements, the Contractor must perform the required work in accordance with Joint Commission standards. A copy of these standards may be obtained from the Joint Commission.

B.4.11 PRICING SCHEDULE

* It should be noted that L-Code pricing are published by HCFA’s Common Procedure Coding System (HCPCS). The website for the L-Code Pricing: https://www.cms.gov/medicare/payment/fee-schedules/dmepos/dmepos-fee-schedule (DME, Orthotics and Prosthetics). The L-Codes are updated every year and are released in December, for the following year.

Artificial Limbs For fabrication and repair of artificial limbs, the prices proposed shall not exceed the established L-Code prices applicable to the geographic area subject to this solicitation and at the time of performance. It should be noted that repair rates for 15 minute increments are now part of the L-Code pricing schedule. Considering this, please apply the best percentage discount that you offer against the L-Code pricing baseline. Offeror’s are to give a discount on all L-Codes (limbs, labor rates for repairs and components).

Base Period One year from date of award

Option Year One TBD after award

Option Year Two

Option Year Three

Option Year Four

Orthotic Devices For fabrication and repair of orthotic devices, the prices proposed shall not exceed the established L-Code prices applicable to the geographic area subject to this solicitation and at the time of performance. It should be noted that repair rates for 15 minute increments are now part of the L-Code pricing schedule. Considering this, please apply the best percentage discount that you offer against the L-Code pricing baseline. Offeror’s are to give a discount on all L-Codes (orthotic devices, labor rates for repairs and components).

Base Period

Year One

Year Two

Year Three

Year Four

Custom Molded Shoes and Diabetic/Orthopedic Footwear For fabrication and repair of custom molded shoes and diabetic/orthopedic footwear, the prices proposed shall not exceed the established L-Code prices applicable to the geographic area subject to this solicitation and at the time of performance. It should be noted that repair rates for 15 minute increments are now part of the L-Code pricing schedule. Considering this, please apply the best percentage discount that you offer against the L-Code pricing baseline. Offeror’s are to give a discount on all L-Codes (custom molded shoes and diabetic/orthopedic footwear, labor rates for repairs and components).

Base Period

Year One

Year Two

Year Three

Year Four

Foot Orthotics For fabrication and repair of foot orthotics, the prices proposed shall not exceed the established L-Code prices applicable to the geographic area subject to this solicitation and at the time of performance. It should be noted that repair rates for 15 minute increments are now part of the L-Code pricing schedule. Considering this, please apply the best percentage discount that you offer against the L-Code pricing baseline. Offeror’s are to give a discount on all L-Codes (foot orthotics, labor rates for repairs and components).

Base Period

Year One

Year Two

Year Three

Year Four

Measure and Fit Contract Diabetic Shoes For measure and fit contract diabetic shoes, the prices proposed shall not exceed the established L-Code prices applicable to the geographic area subject to this solicitation and at the time of performance.

Base Period

Year One

Year Two

Year Three

Year Four

* It should be noted that L-Code pricing are published by HCFA’s Common Procedure Coding System (HCPCS). The website for the L-Code Pricing: https://www.cms.gov/medicare/payment/fee-schedules/dmepos/dmepos-fee-schedule (DME, Orthotics and Prosthetics). The L-Codes are updated every year and are released in December, for the following year.

B.4.12 QUESTIONS, QUOTING

Questions should be sent to Contract Specialist, Keri.Hester1@va.gov. Quotes are to be submitted via email to Contract Specialist no later than 4:00pm EST on Friday, March 29th, 2024. No phone calls will be accepted. Quotes shall include the following.

· Technical Capability Proposal

· Past Performance Questionnaire (attached in Section D)

· L-Code Pricing and Discount information Failure to submit required information may result in elimination from consideration.

B.4.13 EVALAUTION

**PLEASE SEE 52.212-2 EVALUATION AS WELL**

INSTRUCTIONS TO OFFERORS ADDENDUM

All offerors must be registered and complete all entries in the System for Award Management (SAM) in order to be considered for award. Potential vendors may register at the following web site: https://www.sam.gov/portal/public/SAM/ The government is not obligated to request any additional information from an offeror who does not provide sufficiently detailed information of which an accurate evaluation can be made of an offeror’s proposal. Failure to submit complete information in the manner described below for the Technical Proposal may be grounds to consider the offeror “Non-responsive” and exclude the proposal from further consideration. It is, therefore, in the offeror’s best interest to submit all required documentation to the fullest degree possible. If an offeror cannot provide all information, a statement documenting each omission shall be included in the offeror’s proposal addressing the omission(s).

The Offeror must complete items as required on Page 1, Section B and in addition to the information required by FAR Clause 52.212-1, the Offeror’s proposal must also include the following information:

1. Offerors shall identify the following:

Which sites are being offered by the vendor or all sites as identified in the SOW.

2. Technical

· Offeror shall submit a proposal regarding its method and approach to ensure prompt, quality, and oriented services tailored toward the client base of the Department of Veterans Affairs.

· Offeror shall describe any familiarity and use of VA Computerized Patient Record System (CPRS) and Veterans Health Information System and Technology Architecture (VISTA) and describe its process to ensure proper medical records are established and maintained for each patient provided service onsite at the VA and at other facilities proposed.

· Offeror shall provide description of artificial limbs devices, and selection of devices to be offered, which will be procured to meet the needs of VA clients. Brochures and any samples if they would add to the description are welcome. In addition, offeror shall address potential for utilizing recycled content or bio-preferred products, and purchasing sustainable products under this contact in accordance with Executive Order 13693 and the Federal Acquisition Regulations (FAR) Part 23.

· Discuss plan to meet requirements of Patient Privacy and HIPAA.

· Provide evidence of current Joint Commission accreditation or accreditation equal to that of Joint Commission with discussion as to how any equal accreditation meets Joint Commission standards.

· Offeror shall provide staffing qualifications as identified by the American Board for Certification in Orthotics, Prosthetics & Pedorthics (ABC) certified, or Board of Certification/Accreditation International (BOC) certified prosthetist(s) on staff in “good standing”.

3. Past Performance:

Past Performance is used to adequately describe relevant experience that is similar in scope and magnitude to this requirement. Offeror shall provide up to three (3) references, preferably of Government work, performed in the last five (5) years that are similar in scope and complexity to the requirements of this solicitation. All past performance references shall include project/service, contract number, project/service location, price, customer point of contact, customer telephone number, and other relevant information. Offerors are responsible for sending out past performance questionnaire to their past performance references ensuring submission of the completed past performance. The Government’s assessment will focus on contracts that meet the following conditions:

Recency – Only contracts that were performed or awarded within the last five (5) calendar years will be considered.

Relevancy – Only contracts which were/are relevant in size and scope to the current requirement will be considered.

4. Socio-Economic Program Participation:

Identify if you are a Service Disabled Veteran Owned Small Business (SDVOSB), VOSB, or Small Business. SDVOSBs and VOSBs are required to be registered and verified in www.VetBiz.gov to be considered a SDVOSB or VOSB.

5. Factor 4 – Price:

Offerors must complete the Price Schedule listed in Section B. Offerors are to identify the percentage of discount in a price proposal for each item offered.

36C24424Q0418

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):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

C.2 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from Date of Award through 2029.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of Clause)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $100; the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $500,000.00;

(2) Any order for a combination of items in excess of $800,000.00; or

(3) A series of orders from the same ordering office within 60 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

© If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

© Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after .

(End of Clause)

C.5 52.232-36 PAYMENT BY THIRD PARTY (MAY 2014)

(a) General. (1) Except as provided in paragraph (a)(2) of this clause, the Contractor agrees to accept payments due under this contract, through payment by a third party in lieu of payment directly from the Government, in accordance with the terms of this clause. The third party and, if applicable, the particular Governmentwide commercial purchase card to be used are identified elsewhere in this contract.

(2) The Governmentwide commercial purchase card is not authorized as a method of payment during any period the System for Award Management (SAM) indicates that the Contractor has delinquent debt that is subject to collection under the Treasury Offset Program (TOP). Information on TOP is available at http://fms.treas.gov/debt/index.html. If the SAM subsequently indicates that the Contractor no longer has delinquent debt, the Contractor may request the Contracting Officer to authorize payment by Governmentwide commercial purchase card.

(b) Contractor payment request. (1) Except as provided in paragraph (b)(2) of this clause, the Contractor shall make payment requests through a charge to the Government account with the third party, at the time and for the amount due in accordance with those clauses of this contract that authorize the Contractor to submit invoices, contract financing requests, other payment requests, or as provided in other clauses providing for payment to the Contractor.

(2) When the Contracting Officer has notified the Contractor that the Governmentwide commercial purchase card is no longer an authorized method of payment, the Contractor shall make such payment requests in accordance with instructions provided by the Contracting Officer during the period when the purchase card is not authorized.

© Payment. The Contractor and the third party shall agree that payments due under this contract shall be made upon submittal of payment requests to the third party in accordance with the terms and conditions of an agreement between the Contractor, the Contractor’s financial agent (if any), and the third party and its agents (if any). No payment shall be due the Contractor until such agreement is made. Payments made or due by the third party under this clause are not payments made by the Government and are not subject to the Prompt Payment Act or any implementation thereof in this contract.

(d) Documentation. Documentation of each charge against the Government’s account shall be provided to the Contracting Officer upon request.

© Assignment of claims. Notwithstanding any other provision of this contract, if any payment is made under this clause, then no payment under this contract shall be assigned under the provisions of the assignment of claims terms of this contract or the Assignment of Claims Act of 1940, (31 U.S.C. 3727, 41 U.S.C. 6305).

(f) Other payment terms. The other payment terms of this contract shall govern the content and submission of payment requests. If any clause requires information or documents in or with the payment request, that is not provided in the third party agreement referenced in paragraph © of this clause, the Contractor shall obtain instructions from the Contracting Officer before submitting such a payment request.

(End of Clause)

C.6 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

C.7 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023)

(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.

© 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.8 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (JAN 2023) (DEVIATION)

(a) In an effort to achieve socioeconomic small business goals, VA shall evaluate offerors based on their service-disabled veteran-owned or veteran-owned small business certification status and their proposed use of eligible certified service-disabled veteran-owned small businesses (SDVOSBs) and certified veteran-owned small businesses (VOSBs) as subcontractors.

(b) Eligible and certified service-disabled veteran-owned small businesses offerors will receive full credit, and offerors qualifying as veteran-owned small businesses will receive partial credit for the certified Service-Disabled Veteran-Owned and Veteran-Owned Small Business Status evaluation factor. To receive credit, an offeror must be listed at the time of submission of offers and at time of award, as a certified SDVOSB/VOSB in the SBA certification database on the SBA Veteran Small Business Certification Program portal at https://veterans.certify.sba.gov/ (see 13 CFR 128) and be otherwise eligible in accordance with SBA size standards for the acquisition and limitations on subcontracting requirements set forth in SBA regulations (see 13 CFR 121, 125 and 128.).

(c) Non-Veteran offerors proposing to use certified SDVOSBs or VOSBs as subcontractors will receive some consideration under this evaluation factor. Offerors must state in their proposals the names of the certified SDVOSBs and VOSBs with whom they intend to subcontract and provide a brief description of the proposed subcontracts and the approximate dollar values of the proposed…