36C24519Q0220-001.docx

36C24519Q0220

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.

DUNS:

DUNS+4:

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 SI

GN 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. SIGN

ATURE 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. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C24519Q0220 04-12-2019

LINDA.SMITH6@VA.GOV

304-263-0811 04-24-2019 Department of Veterans Affairs

VAMC (613)

VISN 5 Contract Satellite Office 510 Butler Avenue, Building 306A Martinsburg WV 25405 X 339999 500 Employees X N/A X Baltimore, Perry Point and Washington DC surrounding areas.

Department of Veterans Affairs

VAMC (613)

VISN 5 Contract Satellite Office 510 Butler Avenue, Building 308B Martinsburg WV 25405

PAYMENT WILL BE MADE BY

PURCHASE CARD

See CONTINUATION Page The Washington DC VAMC and VA Maryland Healthcare System to include Baltimore and Perry Point have a requirement for a 5 year multimple award IDIQ contract for Cranial Prosthetics.

All questions must be submitted in writing no later than April 17, 2019. All responses to this solicitation must be submitted to Linda.Smith6@va.gov Estimated award date is June 1, 2019.

$0.00 See CONTINUATION Page X X

LINDA SMITH

Contracting Officer 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 36C245 Department of Veterans Affairs

VAMC (613)

VISN 5 Contract Satellite Office 510 Butler Avenue, Building 306A Martinsburg WV 25405

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.

PAYMENT WILL BE MADE BY

PURCHASE CARD

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

Page 1 of Page 1 of VISN 5 Cranial Prostheses

WORK STATEMENT

1. SCOPE

The Department of Veterans Affairs (VA), Veterans Integrated Service Network (VISN) 5, has an ongoing program to furnish Cranial Prostheses and related services to those Veterans that require them and are eligible for assistance. It is VA’s intention to solicit proposals and award multiple contracts on a competitive basis under the authority of Title 38 U.S.C. Section 8123.

The Cranial Prostheses and related services are to be provided to the following facilities:

VA Medical Center VA Medical Center 10 North Greene Street 50 Irving Street, NW Baltimore, MD 21201 Washington, DC 20422

2. DEFINITIONS

A. GOOD STANDING: A cranial prosthesis vendor that maintains timely invoicing, professional conduct, required licensure, insurance, and certifications, as well as no patient complaints, demonstrates good ethics, and consistently conforms with purchase order agreements.

B. PURCHASE CARD/VISA LEVEL II: Enhanced data is the additional information that accompanies charge card transactions. Enhanced data is required for processing financial transactions or for settlement of that transaction. Level II provides additional summary data that accompanies Level I (minimum amount of data required to clear and settle a financial transaction) through the clearing and settlement process.

3. GENERAL REQUIREMENTS

A. Standards of Performance The Contractor shall fabricate all cranial prostheses in strict conformance to the Prosthetic prescription that has been written by the VA Medical Facility Dermatology clinicians and provided by P&SAS staff. Contractors shall not add products and/or services not prescribed and/or substitute or upgrade components used to fabricate a cranial prosthesis without prior approval and written authority from the COR or designee. The solicitation only includes commercial items. Products that are not commercial items are considered experimental and purchase of the experimental products shall not be authorized under this solicitation.

B. Educational and Training Requirements The Contractor and all Contractor employees will hold a current Cosmetology License. The Contractor will be responsible for ensuring that all Contractor employees providing work on this contract are fully trained and completely competent to perform the required work. The License Number, Licensee Name and License Type must be included in the Technical proposal submission of this solicitation.

C. Approved Facilities All contractor facility locations which are used in this contract shall be listed in Attachment 1 of this document. No person shall operate a salon or shop without first having obtained the appropriate business licenses, registrations, and/or certificates. Any contractor who intends to manage a salon or shop shall obtain both a salon license and a manager’s license. A license shall be obtained for each place of business and the appropriate fee shall be paid for each license. A copy of the Business License, Cosmetology License, certificate of occupancy, and liability insurance for each location must be included in the Technical proposal submission of this solicitation. Throughout the duration of this contract, notification of any facilities which are added, changed or closed must immediately be conveyed to both the Contracting Officer and the COR to obtain approval before it may be used for this contract. Any person renting a booth within the approved Contractor location will not be permitted to perform services on Veteran beneficiaries.

Booth rentals/chair rentals/space renting, by whatever name called, is recognized as an independent business and as such, each booth, chair, or space must have a salon or shop owner’s license, a manager’s license, and, if applicable, the appropriate business licenses or registrations. No person(s) shall operate utilizing another person(s) licenses and/or registrations.

4. SPECIFIC REQUREMENTS

A. Solicitation of Beneficiaries The contractor agrees not to (directly or indirectly through agents) solicit eligible Veteran beneficiaries for cranial prostheses services/products 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. To assist in the selection of their Cranial Prosthesis Fabricator/Distributor, all eligible Veteran beneficiaries shall be given a current list of the contracted providers that are in the Healthcare Facility’s jurisdiction and shall state the business classification of the contractor (i.e.: Service Disabled Veteran Owned, Woman owed, Minority owned, 8(a), HubZone, etc.) Each list of contracted providers shall contain the following header statement in boldface type:

YOU HAVE THE RIGHT TO SELECT THE CRANIAL PROSTHESIS FABRICATOR/DISTRIBUTOR CONTRACTOR OF YOUR CHOICE FROM ANY OF THE VA APPROVED CONTRACTORS. ANY ATTEMPT TO INFLUENCE YOUR DECISION OR TO DIRECT YOU TO ANY PARTICULAR CONTRACTOR SHOULD BE REPORTED TO THE HEALTHCARE FACILITY DIRECTOR OF THIS FACILITY.

B. Loaner Cranial Prosthesis Contractors will not provide loaner cranial prosthesis under any circumstances.

C. Salvage If a Veteran beneficiary dies prior to delivery and acceptance of a cranial prosthesis, 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 in writing and shall not exceed the contract price of the cranial prosthesis. If the cranial prosthesis can be used for another beneficiary, the Contractor must only charge for resizing and fitting fees as listed in the contract.

5. PERFORMANCE, DELIVERY, INSPECTION AND ACCEPTANCE

A. Upon initial consultation, Veteran and Contractor will be required to complete an order form (Exhibit A) noting the specifications of the cranial prosthesis. This includes, but is not limited to:

· Measurements: Circumference, Front to Nape, Ear to Ear Across Forehead, Ear to Ear over top of head, Temple to Temple around the back of the head, Nape of Neck

· Hair Type: Human (100% Indian Remy) or Synthetic

· Hair Color: Natural (Human); Color of Choice (Synthetic)

· Hair Length: Between 8 and 18 inches

· Hair Texture: Yaki, Silky

· Curl Pattern: Straight, Body Wave, Curly, Kinky

· Hair Density: 85% - 120%

· Hairline: Pre-plucked, original, widow’s peak

· Baby Hair:

· Cap Construction/Cap Type: Glueless Cap, Silicone molded

· Lace Color:

· Lace Material:

· To include signatures of the Veteran and Contractor

B. All stock orders can be changed or canceled within 24 hours. After that, a change/cancellation fee will be charged or added to the total cost of the stock cranial prosthesis.

C. All custom orders can be changed or canceled within 48 hours. After that, a change/cancellation fee will be charged or added to the total cost of the custom cranial prosthesis.

D. The contractor shall accommodate exchanges and returns of cranial prosthesis that have not been cut, tampered or altered within 7 days of delivery and acceptance. Used cranial prosthesis will not be accepted by the contractor. Contractor fees incurred to make changes to the cranial prosthesis will be itemized and submitted to the respective VA Medical Center Prosthetic Representative, COR or designee for approval.

E. VA shall require the contractor to deliver items ordered under this contract no later than 45 calendar days after acceptance of a purchase/delivery order. The contractor shall notify the VA Prosthetic Representative, COR or designee and show cause in the event s/he 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 within 7 calendar days as specified above constitutes acceptance of an order.

F. The Contractor shall obtain a signature and date from the Veteran at time of delivery of the completed cranial prosthesis See Exhibit B. This record shall be kept in the patient file with no charges processed until delivery is made. At the time of delivery, a copy of this signed and dated form accompanying a copy of the charge that is made for the cranial prosthesis shall be mailed or emailed to the respective VA Medical Center Prosthetic & Sensory Aids Service.

G. 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 in writing. 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. Failure by the contractor to deliver the ordered cranial prosthesis 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. (Note: Expedited Delivery terms and conditions, when required, will be determined by the Contracting Officer on a case by case basis and stated in the individual task or delivery order)

H. Veteran beneficiaries will be measured, fitted, and accept delivery of their cranial prosthesis at the contractor’s facility. Contractor’s will not use the VA Medical Center(s) to perform any of the services listed in this contract. Doing so would violate terms and conditions of the contract and shall constitute default.

I. The contractor warrants the cranial prosthesis provided against defective material and/or workmanship for a minimum of 90 calendar days from the date of acceptance. 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.

J. After 90 calendar days, any repairs needed to the cranial prosthesis will be determined by the Contractor within 5 business days of receipt of cranial prosthesis. If repairable, contractor fees incurred to make changes to the cranial prosthesis will be itemized and submitted to the VA Medical Center Prosthetic Representative, COR or designee for approval. Contractor must provide an estimated delivery time for repairs to the VA Medical Center. Repairs should be accomplished, and cranial prosthesis delivered to the Veteran within 45 calendar days. The contractor shall notify the VA Prosthetic Representative, COR or designee and show cause in the event s/he is unable to deliver the required items in accordance with the Government's required delivery date.

K. The contractor shall immediately notify the VA Prosthetic Representative, COR or Contracting Officer 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:

L. Payment shall be rendered for the cranial prosthesis that satisfactorily meets the prescription, the Veteran’s satisfaction and the terms and conditions of the contract. Payment shall be delayed for any cranial prosthesis that does not meet one or more of the conditions as identified in Section 9. The Contractor shall correct all deficiencies within 15 calendar days of written notification from the COR or designee.

M. The Contractor shall provide semi-annual service to each Veteran they have provided a cranial prosthesis to after the effective date of this contract. A semi-annual service is defined as a follow-up visit for inspection of the cranial prosthesis. If a repair service is required, the VA Medical Center Prosthetic Representative or designee will be notified in writing by submitting a quote via facsimile or email itemizing the services needed and estimated costs.

6. SERVICES NOT COVERED UNDER THIS CONTRACT

A. Per VHA Cranial Prosthesis Policy PSAS can provide a wig to male and female Veterans who have alopecia, (hair loss or baldness) either primary or chemotherapy induced. Wigs can be synthetic or of natural hair. PSAS does not provide for the maintenance of the wig which includes cleaning, trimming, dying or otherwise coloring the hair. Because natural hair wigs and their maintenance are more expensive than synthetic hair wigs, Veterans should be advised of the additional expense. With proper maintenance and depending on the length of time worn, a wig may be used a lengthy amount of time. A wig should be replaced no more than once every 12 months.

B. In the case of transgender Veterans, PSAS can provide a wig with the same parameters as noted above for maintenance and replacement frequency. For transgender women if the Veteran has significant hair loss and her medical provider documents the medical necessity of a female style wig to support her identity and treatment plan, PSAS can provide a wig. A wig is not provided if the Veteran has a full head of hair that can be styled as a female. For transgender men the hair can be cut and styled such to support the appearance of being male. If there is hair loss as noted above, a male hair style wig can be provided.

C. Examples of services not covered include, but are not limited to:

· Laser Caps

· Scalp Treatments

· Hair color cut and style

· Non-commercial, experimental, or non-FDA approved treatments or products

· Styling products

7. CONTRACT ADMINISTRATION

A. The contracting officer is the only person authorized to approve changes or modify any of the requirements under this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitments or issue changes, which will affect price, quantity, or quality of performance of this contract. In the event the contractor effects any such change at the direction of any person other than the contracting officer, the change shall be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

1. Contract administration matter will be handled by:

a. Contractor:

Name:

Title:

Address:

City, State, Zip:

Phone No.:

Fax No.:

Email:

b. Government:

Name:

Title:

Address:

City, State, Zip:

Phone No.:

Fax No.:

Email:

B. Contractors Remittance Address: All payment by the Government to the Contractor will be made in accordance with Federal Acquisition Regulation (FAR) Clause 52.232-34, Payment by Electronic Funds Transfer – Other than Central Contractor Registration (31 U.S.C. 3332):

Company Name:

Address:

City, State, Zip:

Phone No.:

Fax No.:

Email:

8. INVOICES

A. Invoices submitted for payment shall include the contract number, purchase/delivery order number, beneficiary’s name; detail of work accomplished (itemized invoice). The mandatory and only method of payment will be the Government Purchase Card as prescribed by national directive and the Contractor must be capable of accepting it for payment. The contractor must be able to process at Level II using the appropriate field for the obligation number. If this involves additional machinery or computers, this will be at the contractor’s expense. No advance payments shall be authorized. No charge shall be made until the cranial prosthesis is delivered to the Veteran and he/she has signed and dated a delivery acceptance form provided by the contractor. Each invoice must be submitted to the VA Medical Center Prosthetic and Sensory Aids Service (PSAS) within ten (10) days of prosthesis delivery to the Veteran Beneficiary. Both the signed delivery acceptance form and the order form will be submitted with the invoice. Payment of invoices may be delayed if the appropriate invoices and supporting documentation as specified in the contract are not completed and submitted as required.

B. All VAs using Government Purchase Card/VISA, a credit card receipt with the invoice and signed acceptance receipt (see 9.B above) must still be forwarded to the appropriate VA facility as soon as the transaction has been completed in accordance with the guidelines and time frames in utilizing the Government Purchase/VISA Credit Card. A copy of the Veteran signed and dated form of delivery acceptance accompanying a copy of the charge that is made for the prosthesis shall be emailed to the prosthetic service at the Healthcare Center.

C. Invoices: Invoices shall be submitted within five (5) calendar days following the delivery and acceptance of the cranial prosthesis and mailed to the VA Medical Center. See below VA Prosthetic and Sensory Aids Service (PSAS) Address:

VA Medical Center VA Medical Center 10 North Greene Street 50 Irving Street, NW Baltimore, MD 21201 Washington, DC 20422

9. STATE BOARD(s) OF COSMETOLOGY A. The District of Columbia Board of Barber and Cosmetology regulates the practice of barbers, body artists, and cosmetologists, including specialty cosmetology practices such as braiding, electrolysis, esthetics, manicuring and others. The Board works diligently to raise the standards of practice, ensure quality service, establish accepted codes of ethical behavior, and protect the health, safety and welfare of the citizens and visitors of the District of Columbia by upholding the city’s Barber and Cosmetology license law, which took effect on May 2001.

B. The Maryland Board of Cosmetologists qualifies and licenses individuals seeking licensure and issues permits to business entities through which cosmetology is practiced. The Board also establishes health and safety standards for the operation of beauty salons and trade schools. We regulate the practice of cosmetology under the provisions of Business Occupations and Professions Article, Annotated Code of Maryland, Title 5 and the Code of Maryland Regulations, Title 9, Subtitle 22.

C. Any Contractor location closed (temporary or permanently) not in compliance with the State Board of Cosmetology will not be able meet the requirements of the contract and as a result, be terminated for cause.

10. SPECIAL CONTRACT REQUIREMENTS

A. KEY PERSONNEL AND TEMPORARY EMERGENCY SUBSTITUTIONS:

The Contractor shall assign to this contract the following key personnel: all individuals providing supplies and services to VA Beneficiaries and for whom information about education and training is required to be submitted as a part of the response to this solicitation including, but not necessarily limited to, those individuals who must meet the training requirements set forth in General Requirements section.

1. During the first ninety (90) days of performance, the Contractor shall make NO substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer, in writing, within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (3) below. After the initial 90-day period of the contract, the Contractor shall submit the information required by paragraph (3) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

2. The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes shall have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on the proposed substitutes. The contract will be modified to reflect any approved changes of key personnel. If the VA does not agree with the proposed substitutes and their qualifications, then the VA will terminate the contract and the contractor will not get the minimum dollar amount.

3. For temporary substitutions where the key person will not be reporting to work for three (3) consecutive work days or more, the Contractor will provide a qualified replacement for the key person. This substitute shall have comparable qualifications to the key person. Any period exceeding two weeks will require the procedure stated in paragraph (2) above.

B. HHS/OIG (Check to see if this is standard language)

To ensure that the individuals providing services under the contract have not engaged in fraud or abuse regarding Sections 1128 and 1128A of the Social Security Act regarding federal health care programs, the contractor is required to check the Health and Human Services - Office of Inspector General (HHS/OIG), List of Excluded Individuals/Entities on the OIG Website (www.hhs.gov/oig) for each person providing services under this contract. Further the Contractor is required to certify in its proposal that all persons listed in the contractor’s proposal have been compared against the OIG list and are NOT listed. During the performance of this contract the Contractor is prohibited from using any individual or business listed on the List of Excluded Individuals/Entities.

C. CONFIDENTIALITY OF PATIENT RECORDS

1. 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. Contractor is a VA contractor for purposes of the Privacy Act, Title 5 U.S.C. 552a. Further, for VA records access and patient confidentiality, Contractor is 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.

2. 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 claimant’s 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.

11. INSURANCE REQUIREMENTS

A. The Contractor agrees to procure and maintain, while the contract is in effect, Workers Compensation and Employee’s Public Liability Insurance. (Discuss)

1. Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least the state required minimum shall be required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

2. General liability. (1) The Contracting Officer shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least the state required minimum per occurrence. (2) Property damage liability insurance shall be required only in circumstances as when work is done on the Government facility.

3. Before commencing work under this contract, the Contracting Officer shall require the Contractor to furnish certification from his/her insurance company indicating that the coverage specified herein has been obtained and that it may not be changed or canceled without guaranteed thirty (30) days notice to the Contracting Officer in writing.

B. The Government shall be held harmless against any or all loss, cost, damage, claim expense or liability whatsoever, because of accident or injury to persons or property of others occurring in the performance of this contract.

C. C. The Contractor shall be responsible for all damage to property, which may be done by him, or any employee engaged in the performance of this contract.

12. HOURS OF OPERATION

a. Normal Work Hours This contract is a full-service contract. Minimally, the contractor shall provide service forty (40) hours per week, excluding National Holidays. The contractor may set the hours for operation utilizing evening, weekend and holiday hours if desired; the contractor shall not be compensated any additional fees for utilizing these types of hours. Any delivery service performed during other than normal work hours must be approved in advance by the COR and be performed at no additional charge to the Government. Each facility will specify its delivery hours and complete address.

b. Holidays. The Contractor is not required to provide delivery services on the following National Holidays nor shall the Contractor be paid for these holidays:

When a National Holiday falls on a Sunday, the following Monday shall be observed as a National Holiday. When a National Holiday falls on a Saturday, the proceeding Friday is observed as a National Holiday by U.S. Government agencies. Also included, would be any other day, specifically declared by the President of the United States of America to be a National Holiday.

13. REQUIRED REGISTRATIONS

A. Required Registration with Contractor Performance System (CPS): As prescribed in Federal Acquisition Regulation (FAR) Part 42.15, the Department of Veterans Affairs (VA) evaluates contractor past performance on all contracts that exceed $100,000 and shares those evaluations with other Federal Government contract specialists and procurement officials. The FAR requires that that the contractor is provided an opportunity to comment on past performance evaluations prior to each report closing. To fulfill this requirement, VA uses an online database, the Contractor Performance System (CPS), which is maintained by the National Institutes of Health (NIH). The CPS database information is shared with the Past Performance Information Retrieval System (PPIRS) database, which is available to all Federal agencies.

You are required to register with the NIH CPS database at the following web address: https://cpscontractor.nih.gov

Further, your registered representative data, as well as any other information in your registration data, must be kept current. Performance evaluations entered in CPS by the contracting officer will be assigned to the contractor’s registered representative for comment. Failure to comment and reassign the report back to the contracting officer, or to maintain current registration, will result in the Government’s evaluation being entered in the database with a statement that you have failed to respond.

Help in registering can be obtained by contacting CPS Support E-mail (cps-support-1@list.nih.gov) or by calling (301) 451-2771.

System for Award Management (SAM): Pursuant to FAR Clause 52.212-4, para (t), System for Award Management (SAM) after initial registration, the contractor is required to update registration data as changes occur and must re-register annually to ensure all data remains current. Noncompliance with this requirement will preclude the exercising of any option periods that may be included herein and will be cause for termination of the contract at such time noncompliance is discovered. Refer to cited Clause for more details. https://sam.gov/

14. REPORTING

Contractor shall provide the Government Contracting Officer Cost Savings Reports (Exhibit C) for each Government facility participating in this contract. These reports shall be received by the Government Contracting Officer not later than the 15th day of each month following the end of each quarter of the Government Fiscal Year (October 15th, January 15th, April 15th, and July 15th). It is the contractor’s responsibility to ensure these reports are received on a timely basis. Reports are to be submitted every quarter whether the contractor has had business or not during that time-period. Contractors not submitting the report by the required date are subject to contract termination.

16. CONTRACTOR FACILITIES

All contractor facility locations which are used in this contract shall be listed in Exhibit D of this document. Throughout the duration of this contract, notification of any facilities added, changed or closed must immediately be conveyed to both the Contracting Officer and the COR.

17.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Q999 - Cranial Prosthesis Measurements Contract Period: Base POP Begin: 06-01-2019 POP End: 05-31-2020

Q999 - Cranial Prosthesis Fabrication

Q999 - Cranial Prosthesis Installation (Fitting)

Q999 - Cranial Prosthesis Repair

Q999 - Cranial Prosthesis Resizing

Q999 - Semi-Annual Service

Q999 - Change Fee

Q999 - Cancellation Fee

Q999 - Cranial Prosthesis Measurements Contract Period: Option 1 POP Begin: 06-01-2020 POP End: 05-31-2021

Q999 - Cranial Prosthesis Fabrication

Q999 - Cranial Prosthesis Installation (Fitting)

Q999 -Cranial Prosthesis Repair

Q999 - Cranial Prosthesis Resizing

Q999 - Semi-Annual Service

Q999 - Change Fee

Q999 - Cancellation Fee

Q999 - Cranial Prosthesis Measurements Contract Period: Option 2 POP Begin: 06-01-2021 POP End: 05-31-2022

Q999 - Cranial Prosthesis Fabrication

Q999 - Cranial Prosthesis Installation (Fitting)

Q999 -Cranial Prosthesis Repair

Q999 - Cranial Prosthesis Resizing

Q999 - Semi-Annual Service

Q999 - Change Fee

Q999 - Cancellation Fee

Q999 - Cranial Prosthesis Measurements Contract Period: Option 3 POP Begin: 06-01-2022 POP End: 05-31-2023

Q999 - Cranial Prosthesis Fabrication

Q999 - Cranial Prosthesis Installation (Fitting)

Q999 -Cranial Prosthesis Repair

Q999 - Cranial Prosthesis Resizing

Q999 - Semi-Annual Service

Q999 - Change Fee

Q999 - Cancellation Fee

Q999 - Cranial Prosthesis Measurements Contract Period: Option 4 POP Begin: 06-01-2023 POP End: 05-31-2024

Q999 - Cranial Prosthesis Fabrication

Q999 - Cranial Prosthesis Installation (Fitting)

Q999 -Cranial Prosthesis Repair

Q999 - Cranial Prosthesis Resizing

Q999 - Semi-Annual Service

Q999 - Change Fee

Q999 - Cancellation Fee

B.3 DELIVERY SCHEDULE

241.00

241.00

241.00

60.00

24.00

482.00

24.00

24.00

241.00

241.00

241.00

60.00

24.00

482.00

24.00

24.00

241.00

241.00

241.00

60.00

24.00

482.00

24.00

24.00

241.00

241.00

241.00

60.00

24.00

482.00

24.00

24.00

241.00

241.00

241.00

60.00

24.00

482.00

24.00

24.00

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

(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 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 32.608-2 of the Federal Acquisition Regulation 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…