36C24425Q0521.docx

36C24425Q0521

GENERAL INFORMATION

SET-ASIDE

Network Contracting Office 4

1010 Delafield Road Pittsburgh, PA 15215

POINT OF CONTACT*

Contract Specialist Jeff Mann jefferson.mann@va.gov 717-202-5456

PLACE OF PERFORMANCE

3900 Woodland Ave

Philadelphia PA

ADDITIONAL INFORMATION

EMAIL DESCRIPTION

DESCRIPTION

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

General Information

Contracting Office Address 1010 Delafield Rd, Pittsburgh PA 15215

Description This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 in conjunction with Part 13 of Federal Acquisition Regulation (FAR), as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This Solicitation is issued as a Request for Quote (RFQ), and the solicitation number is 36C24425Q0521.

This notice incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2025-03 effective 01/17/2025, and the Veterans Affairs Acquisition Regulations (VAAR). The complete text of any of the clauses and provisions may be accessed in full text at FAR | Acquisition.GOV.

This Solicitation is being competed as Brand Name Only on a full and open competitive basis. See attached Justification documentation. The NAICS Code is 811210-Electronic and Precision Equipment Repair and Maintenance and the Product Service Code (PSC) is J065 –Maint/Repair/Rebuild of Equipment- Medical, Dental, and Veterinary Equipment and Supplies, and the business size standard is $34 Million.

The Pittsburgh, PA Contracting Office is seeking Inspection, Preventative Maintenance, and Repair of Arjo brand Patient Ceiling Lifts. The Performance Work Statement (PWS) is provided.

Service Contract Act Wage Determination No. 2015-4233 Rev 32 Dated 12/23/2024, applies to this acquisition and will be incorporated into the resulting contract, unless an exemption applies. A copy of the Wage Determination is included with this solicitation as an attachment.

Complete instructions for submitting a response to this solicitation and applicable provisions and clauses are found in “36C24425Q0521_1.” All offerors are advised to pay careful attention to the quote submission instructions as there are very specific instructions as what is required to be provided.

The base period of performance (POP) is estimated to be 04/17/2025 – 04/16/2026, with four one-year option periods exercisable at the Government’s discretion.

Any award resulting from this solicitation will be issued on a Standard Form 1449.

NOTE: To receive an award resulting from this solicitation, offerors MUST be registered in the System for Award Management (SAM) database. Registration may be done online at: www.acquisition.gov or www.sam.gov.

Contractors are advised that any and all questions concerning this solicitation must be sent in writing via email to Jeff Mann at Jefferson.mann@va.gov. No questions will be answered after 04/01/2025 at 4:00pm ET.

Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the contract specialist, Jeff Mann at Jefferson.mann@va.gov

Point of Contact Jeff Mann Contract Specialist Services 3 (Medical Equipment Maintenance Services) Department of Veterans Affairs | Service Area Office East | Network Contracting Office 4 1700 S Lincoln Ave, Lebanon, PA 17042 Jefferson.mann@va.gov Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

Combined Synopsis/Solicitation Notice

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:

b. GOVERNMENT: Contracting Officer 36C244 Department of Veterans Affairs Network Contracting Office 4

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

Inspection, Preventative Maintenance, and Repair of Patient Lifts in accordance with the Performance Work Statement.

Contract Period: Base POP Begin: 04-17-2025 POP End: 04-16-2026 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Inspection, Preventative Maintenance, and Repair of Patient Lifts in accordance with the Performance Work Statement.

Contract Period: Option 1 POP Begin: 04-17-2026 POP End: 04-16-2027

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Inspection, Preventative Maintenance, and Repair of Patient Lifts in accordance with the Performance Work Statement.

Contract Period: Option 2 POP Begin: 04-17-2027 POP End: 04-16-2028

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Inspection, Preventative Maintenance, and Repair of Patient Lifts in accordance with the Performance Work Statement.

Contract Period: Option 3 POP Begin: 04-17-2028 POP End: 04-16-2029

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Inspection, Preventative Maintenance, and Repair of Patient Lifts in accordance with the Performance Work Statement.

Contract Period: Option 4 POP Begin: 04-17-2029 POP End: 04-16-2030

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

B.3 DELIVERY SCHEDULE

3900 Woodland Avenue Philadelphia, PA 19104

USA

Kaylee.Updegrave@va.gov

3900 Woodland Avenue Philadelphia, PA 19104

USA

3900 Woodland Avenue Philadelphia, PA 19104

USA

3900 Woodland Avenue Philadelphia, PA 19104

USA

3900 Woodland Avenue Philadelphia, PA 19104

USA

B.4 PERFORMANCE WORK STATEMENT

Performance Work Statement (PWS) Patient Lift Inspection, Preventative Maintenance, and Repair Philadelphia VA Medical Center (VAMC) Corporal Michael J. Crescenz VA Medical Center (CMCVAMC) 3900 Woodland Ave, Philadelphia, PA 19104

1) GENERAL: This contract is issued to ensure the continuous reliability of Arjo and Handicare patient ceiling lifts. This equipment requires repair and maintenance by trained personnel using manufacturer approved parts and specifications. The equipment is critical for safe patient handling at the VA Philadelphia Medical Center and CLC, and the reliable and accurate operation of the equipment at all times is considered critical to the safety of patients.

2) DESCRIPTION OF SERVICES: The contractor shall provide preventative maintenance, corrective maintenance, personnel, equipment, supplies, transportation, tools, material, supervision and other items, and non-personal services necessary to service and support the ongoing functionality of government owned Arjo and Handicare patient ceiling lifts as defined in this Performance Work Statement except for those items specified herein. The contractor shall perform to the standards in this contract.

3) BACKGROUND: This is a new requirement for the continued inspection, maintenance, repair, and support for Philadelphia VAMC Arjo and Handicare patient ceiling lifts. Ongoing maintenance and repair are required to keep the equipment fully functioning.

4) OBJECTIVE: The Contractor shall provide services, which includes inspection, preventative maintenance, deflection testing, corrective maintenance, Original Equipment Manufacturer (OEM) parts, and telephone support at Philadelphia VAMC. The equipment listed at Attachment 1 is “as is”. The contractor accepts responsibility for the equipment listed. Failure to inspect the equipment prior to contract award will not relieve the contractor from performance of the requirements of this contract.

5) PERIOD OF PERFORMANCE: The expected period of performance for this requirement is a base year and four options years (which may or may not be exercised based on the needs of and at the discretion of the government).

6) WORK HOURS AND SCHEDULING ARRANGEMENTS: Except by special alternative arrangement, services will be performed during the facility’s normal business hours (8:00 AM to 5:00 PM ET, Monday through Friday, excluding federal holidays). Work performed outside the normal hours of coverage at the request of the Contractor shall be considered service performed during normal hours of coverage. Customer service telephone support shall be available from 8:00 AM to 5:00 PM ET, Monday through Friday, excluding weekends and Contractor Observed Holidays. All work will be coordinated by Program Point of Contact (POC) and Biomedical Engineering personnel. The Federal Holidays which are observed by the federal government are annotated below.

i) Federal Holidays Observed by the VA Medical Center:

· New Year’s Day

· Martin Luther King, Jr. Birthday

· President’s Day

· Memorial Day

· Juneteenth National Independence Day

· Independence Day

· Labor Day

· Columbus Day

· Veterans Day

· Thanksgiving Day

· Christmas Day

· Any other day specifically declared to be a national holiday (per Federal Statute, Executive Order, or by the President’s Proclamation).

7) CONTRACTOR REQUIRED QUALIFICATIONS, EXPERIENCE & TECHNICAL CAPABILITY (TO PERFORM SERVICES): All staff working under this contract shall be trained and qualified by the OEM to work on equipment listed in Attachment 1.

8) CONFORMANCE STANDARDS: The equipment shall be maintained such that it meets or exceeds the performance specifications as established in the OEM’s technical specifications.

9) SCOPE OF SERVICES-MAINTENANCE AND REPAIR:

REQUIRED TASKS

TASK #1:

PREVENTATIVE MAINTENANCE INSPECTION

The Contractor shall provide one (1) annual preventive maintenance inspection in accordance with VHA Directive 1611 Safe Patient Handling and Mobility Program using the “Corrective and Preventive Maintenance Checklist for Ceiling Mounted Patient Lifts” (current version at Attachment 2) to include deflection testing for all equipment listed in Attachment 1.

The preventive maintenance inspection will be scheduled for the month of May for the Main Hospital and September for the Community Living Center (CLC). Preventive maintenance shall be completed in accordance with OEM specifications.

TASK #2:

PREVENTATIVE MAINTENANCE

Regular preventative maintenance will be conducted in conjunction with preventative maintenance inspections.

Preventative maintenance shall include all parts, straps, service manuals, labor, travel, and such other materials required for all equipment listed in Attachment 1 to pass preventative maintenance inspection per VHA Directive 1611 (current version at Attachment 2) and operate to full OEM technical specifications at completion of preventative maintenance.

The contractor shall conduct all ordinary repaints that coincide with the preventative maintenance in accordance with OEM specifications.

TASK #3:

CORRECTIVE MAINTENANCE

The Contractor shall provide all corrective maintenance as required for any equipment listed in Attachment 1 taken out of service to returned to fully operational statues, in accordance with OEM technical specification.

TASK #4:

OEM PARTS

The Contractor shall provide authorized OEM parts required to maintain the equipment listed in Attachment 1 to OEM technical specifications and in accordance with VHA Directive 1611 Safe Patient Handling and Mobility Program.

The Contractor shall provide all travel and labor required for installation of any OEM parts during preventative maintenance and corrective maintenance.

The Contractor shall install VA supplied parts when said parts are determined to be fully compatible.

TASK #5:

TOOLS AND MATERIALS

The Contractor shall keep physical control of any contractor owned materials or tools while on Philadelphia VAMC and CLC property to avoid any unattended property.

TASK 6:

CHECK IN AND CHECK OUT PROCEDURES

Prior to commencement of and immediately after each service visit, the contractor and/or contractor’s authorized repair technician shall sign in and out in the Biomedical Engineering Shop, Building 2, Room 3A152 and notify Biomedical Engineering point of contact of arrival and departure.

All vendor mobile media devices (USB drives, CDs, DVDs, etc.) must be scanned by Biomedical Engineering before use.

TASK #7:

NOTIFICATION FOR OUT-OF-SCOPE WORK

The Contractor shall immediately, but no later than 24 hours after discovery, notify the Biomedical Engineering point of contact, in writing, of the existence or the development of any defects in, or repairs required to the equipment listed in Attachment 1 which the Contractor considers they are not responsible for under the terms of the contract.

The contractor shall provide the POC with a written estimate of the cost to make necessary repairs and no additional work shall be completed without a written modification or purchase order being issued to the contractor from the government for the required work.

TASK #8:

VENDOR ENGINEERING SERVICE REPORTING

The Contractor shall submit all electronic service reports (ESR) with signatures from the contractor who completed the work and VA Employee who witnessed service described. A signed accepted copy of the electronic service report shall be emailed to Biomedical Engineering (vhaphibiomedicalservicereports@va.gov) within five (5) business days of maintenance/service which describes the maintenance, repair, work, and/or services that were performed on the equipment. The Contractor shall include the Vendor Name and Contract Obligation Number listed in the subject line of the email. In addition, each ESR must at a minimum document the following data legibly and in complete detail:

· Name of Contractor

· Name of FSE who performed services

· Contractor service ESR number/log number

· Date, time (starting and ending), hours-on-site for service call

· VA purchase order number(s) (if any) covering the call, if outside normal working hours

· Description of problem reported by Biomedical Engineering/User

· Identification of equipment to be serviced to include the following:

· Equipment EE #

· Manufacturer's name

· Device name

· Model #

· Serial #

· Any other manufacturer's identification numbers

· Itemized description of service(s) performed (including costs associated with after normal working hour services) including:

· Labor and travel

· Parts (with part numbers) and materials

· Location of problem/corrective action

· Scheduled and unscheduled maintenance procedures performed

· Total cost to be billed

· Signatures from the following:

· FSE performing services described

· VA Employee who witnessed service described

9.1) SCOPE OF ADDITIONAL REQUIRED SERVICES: The contractor shall provide the following additional services in addition to regular maintenance, support services and repair (as annotated in Section 1).

“PUNCH LIST” OF ADDITIONAL REQUIRED SERVICES (a through d)

a. If coming on-site, Contractor personnel must provide a copy of the following to the Biomedical Engineer POC:

a. Tuberculosis (Tb) vaccination documentation

b. Flu vaccination documentation

c. A copy of HIPAA compliance training certificate

b. It is the responsibility of the Contractor to ensure that all contract staff is compliant with the requirements outlined in VHA Directive 1192. The contractor shall maintain the following documentation:

a. Documentation of vaccination, e.g., signed record of immunization from a healthcare provider or pharmacy, or a copy of medical records documenting the vaccination. Completed Healthcare Personnel Influenza Vaccination Form (Attachment 2 of VHA Directive 1192) if unwilling or unable to receive the vaccine.

b. The Contractor is required to submit annual certification to Biomedical Engineering that all contract staff performing services at VA facilities are in compliance with the VHA Directive 1192.

c. The Contractor shall comply with the Federal OSHA Bloodborne Pathogens Standard. The Contractor shall have methods by which all employees are educated as to risks associated with bloodborne pathogens, have policies and procedures that reduce the risk of employee exposure to bloodborne pathogens, have mechanisms for employee counseling and treatment following exposure to bloodborne pathogens and provide appropriate personal protective equipment/clothing such as gloves, gowns, masks, protective eyewear, mouthpieces for the employee during performance of the contract.

d. Upon entering Philadelphia VAMC, per CDC and federal regulations, all personnel must wear the required PPE while on-site; at a minimum this includes a cloth mask. PPE will not be provided by Philadelphia VAMC. All individuals are required to enter through the main entrance for temperature screening. If Contractor’s temperature exceeds the designated threshold, they will be asked to leave. In the event of an FSE being forced to vacate the premises, they shall notify the necessary Biomedical Engineering staff and provide a contact for a replacement.

10) MISCELLANEOUS REQUIREMENTS AND OTHER INFORMATION:

IDENTIFICATION, PARKING, SMOKING, CELLULAR PHONE USE AND VA REGULATIONS:

a) The Contractor shall wear visible identification at all times while on the premises of the Philadelphia VA. Identification shall include, as a minimum, the employee’s name, position, and the contractor’s trade name.

b) It is the responsibility of the contractor to park in the appropriate designated parking areas. Information on parking is available from the VA Police-Security Service. VAPHI will not invalidate or make reimbursement for parking violations of the contractor under any conditions.

c) Smoking is prohibited inside any buildings and on premise at VAPHI. This covers all smoking and tobacco products, including but not limited to:

a. Cigarettes

b. Cigars

c. Pipes

d. Any other combustion of tobacco

e. Electronic nicotine delivery systems (ENDS), including but not limited to electronic or e-cigarettes, vape pens, or e-cigars.

f. Chewing tobacco

4. Cellular phones and two-way radios are not to be used within six feet of any medical equipment.

5. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in a citation answerable in the United States (Federal) District Court, not a local district state, or municipal court.

11) VA SECURITY REQUIREMENTS

1. The Contractor may not have access to the VA network or any VA sensitive information under this contract. Contractor owned computer equipment including laptops are not permitted to be connected to the VA network. Any removable storage device used in medical equipment must be scanned by Biomedical Engineering.

2. All Contractors must receive Privacy training annually using one of the following methods:

a. Complete “VA Privacy Training for Personnel without Access to VA Computer Systems or Direct Access to or Use to VA Sensitive Information” training by using VA’s TMS system (https://www.tms.va.gov/). Contractors may use the TMS Managed Self Enrollment method to complete the training in TMS. Biomedical Engineering Staff must ensure that all contractors are validated in the PHI domain.

b. Complete the hard copy version of “VA Privacy Training for Personnel without Access to VA Computer Systems or Direct Access to or Use to VA Sensitive Information”. Signed training documents must be submitted to Biomedical Engineering.

12) QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

1. The Government intends to utilize a Quality Assurance Surveillance Plan (QASP) to monitor the quality of the contractor’s performance. The oversight provided for in the order and in the QASP will help to ensure that service levels reach and maintain the required levels throughout the contract term. Further, the QASP provides the POC with a proactive way to avoid unacceptable or deficient performance and provides verifiable input for the required Past Performance Information Assessments. The QASP will be finalized immediately following award and a copy provided to the Contractor after award. The QASP is a living document and may be updated by the Government as necessary.

LIST OF ATTACHMENTS:

Attachment 1: Equipment List with Location The serial numbers and model of lifts may change or be exchanged during contract period. The maintenance schedule can also change during contract period with mutual agreement by the Program Point of Contract (POC) and the contractor, but the number (amount) of lifts will not change without written modification to the contract.

Attachment 2: Corrective and Preventive Maintenance Checklist for Ceiling Mounted Patient Lifts (current version) 36C24425Q0521 The current version of the Corrective and Preventive Maintenance Checklist for Ceiling Mounted Patient Lifts shall be utilized for all preventative maintenance inspections in accordance with VHA Directive 1611 Safe Patient Handling and Mobility Program.

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause) 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.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days before the contract expires; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause)

C.3 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.4 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.

(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.5 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 subcontracts. In addition, the proposed subcontractors 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.

(d) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

(End of Clause)

C.6 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)

(a) The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses (SDVOSBs) or veteran-owned small businesses (VOSBs) proposed as subcontractors in accordance with 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, or to substitute one or more SDVOSBs or VOSBs for subcontract work of the same or similar value.

(b) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

(End of Clause)

C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause)

C.8 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract. Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of Clause)

C.9 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)

(End of Addendum to 52.212-4)

C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT…