36C24519Q0259-001.docx

36C24519Q0259

ATTACHMENT

STATEMENT OF WORK

36C24519Q0259

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

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 SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 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

540-19-2-072-0083 36C24519Q0259 03-15-2019 Robyn Austin 202-745-8000 ext 58542 03-27-2019

2:00 PM

Department of Veterans Affairs

VAMC(688)

50 Irving Street NW Washington

DC

20422 X X 339112 1000 Employees N/A X Department of Veterans Affairs Louis A Johnson VA Medical Center 1 Medical Center Drive Clarksburg

WV

26301 Department of Veterans Affairs

VAMC(688)

50 Irving Street NW Washington

DC

20422

PAYMENT WILL BE MADE BY

FSC e-Invoice Payment Invoice must be submitted electronically http://www.fsc.va.gov/einvoice.asp Invoice Setup Information 1-877-489-6135

This action is established for Service Disabled Veteran Owned Small Business. All vendors will have an active VIP certificate and account through:

https://www.vip.vetbiz.va.gov/ Please see Statement of Work.

Please provide all responses to: robyn.austin2@va.gov.

Reference Block 5 in the subject line.

X X 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(688)

50 Irving Street NW Washington DC 20422

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

FSC e-Invoice Payment Invoice must be submitted electronically http://www.fsc.va.gov/einvoice.asp Invoice Setup Information 1-877-489-6135 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

Page 1 of Page 1 of

STATEMENT OF WORK

VA Clarksburg, WV 26301 seeks firm, fixed bids for the replacement hospital beds for total patient care. Throughout this document, requested beds will be referred to as Patient Care Beds (PCB). Patient care beds are fully motorized, general-purpose, electric beds located across the continuum of care to include Acute Care, Critical Care, Medicine and Same Day Surgery.

This project shall ONLY include hospital beds designed for general (total care) applications to include the following product descriptions: Hospital Beds, General Purpose, Hospital Beds, Total Care, Beds, Hospital – Electric. Throughout this document the patient care bed system may also be referred to as the following:

The entire Total Care Hospital Bed and Mattresses shall be provided by the vendor (and/or the vendor’s sub-contractor). The “proposal” shall include all equipment, materials, installation services, and training services specified in this Statement of Work (SOW) document. In addition, the vendor shall provide a hospital bed system (defined as bed frame, mattress, side rails, head and foot board, and any mattress and additional accessories added to the bed), which demonstrate compliance to all aspects of the International Standard IEC 60601-2-52.

Quantity:

Bed offered shall be “Brand name or Equal”

· Implementation Services shall include, but are not limited to, a project manager, a detailed project timeline with defined roles and responsibilities (including vendor provided and LAJVAMC resources), on-site installation coordination of all equipment and accessories, a training plan, and schedule for Go-Live.

· The vendor shall deliver materials to the job site in Original Equipment Manufacturers (OEM's) original unopened containers, clearly labeled with the OEM's name, equipment model, serial identification numbers, and Purchase Order (PO) number.

· The vendor is responsible for inventorying materials prior to delivery to LAJVAMC to check for accuracy in quantity and part number.

· The LAJVAMC shall identify and provide limited daily storage of vendor parts/supplies at the time of delivery and reject items that do not conform to this requirement.

· All on-site installation services shall be vendor-provided by technical staff (not sales reps) who are fully trained to service and install bed products, parts, and accessories as specified in the SOW.

· Vendor will be responsible for moving waste materials from job site(s) to a vendor-provided waste container, and then off site.

· Vendor shall provide any special service tools and/or test equipment comparable with that provided to the OEM’s service personnel

· Two copies of the operator’s manual for each type of bed purchased (i.e., 2 operator’s manual copies for the Centrella, 2 operators manual copies for the Compella, etc.)

· Two copies of complete technical service manuals including troubleshooting guides, necessary diagnostic software and equipment, schematic diagrams, and parts lists for each different type of bed purchased.

· Electronic versions of both operator’s manual and technical service manuals

· Abbreviated operating instructions should be included on all beds.

· DVD or web based training for both operator’s manual and service if available.

· The bed operator’s manual must specify the mattress size to reduce risk of patient entrapment between bed and side rail.

The vendor shall provide the following documentation for the mattress motors:

· One copy of the operator’s manual for each motor purchased.

· Two copies of complete technical service manuals including troubleshooting guides, necessary diagnostic software and equipment, schematic diagrams, and parts lists.

· Electronic versions of both operator’s manual and technical service manuals

· If the operation of the motor is not self-explanatory, abbreviated operating instructions must be included and attached to all motors.

· Training must be offered 7 days a week for the first two weeks and four days a week for the next 2 weeks

· Ongoing training annually as requested.

· Each reference shall include at least 2 points of contact detailing full name, title, and phone number.

· References from VAVA reference s sites are preferred.

Specific Bed Requirements

· The equipment should be well constructed with durable materials to withstand typical abuse and cleaning.

· The bed must have a flat deck and be able to accept any mattress that fits a flat deck bed.

· The equipment should have no sharp edges.

· All external components should be securely mounted.

· The equipment should provide adequate protection against moving and electrically energized parts.

· The equipment should be designed to provide easy access to serviceable parts.

· Switches, knobs, and other controls should be designed for conditions of heavy use.

· Cord connections should be secure to resist accidental disconnection

· Labels and markings should be clear, legible, and durable enough to withstand routine cleaning and normal wear.

· Appropriate warning labels should be provided on the equipment.

· Width with side rails up must not exceed 40”

· Length fully retracted must not exceed 86.7” and must not exceed 98.7” fully extended.

· Bed height minimum must be at least 14.5” and maximum must not exceed 32.5”

Total bed dimension requirements for the wide frame bed:

· Width with side rails up must not exceed: 43”

· Length fully retracted must not exceed 86.7” and must not exceed 98.7” fully extended.

· Bed height minimum must be at least 14.5” and maximum must not exceed 32.5”

Total bed dimension requirements for the bariatric bed:

· Width with side rails up must not exceed: 43”

· Length fully retracted must have a minimum overall length of 91”

· Bed height in low position must not exceed 18.5.” Bed height in high position must not exceed 26.8.”

· Feature to prevent/minimize patient migration when the head of bed is raised

· Must have angle indicator to identify degree of HOB elevation

· Height range: Highest at least 32.5” and lowest at least 14.5”

· Trendelenburg/Reverse Trendelenburg: Maximum Trendelenburg/reverse Trendelenburg position of 15 degrees.

· Emergency CPR release

· Bed must come with a push button to easily extend the sleep deck without tools to accommodate mattresses between 76-88”L and 8”H for the standard width and wide width bed and 80-88”L and a maximum of 8.5”H for the bariatric bed.

· Ability to expand width.

· All positioning features (head up, knee gatch) must be electric and available with battery back-up

· Feature to prevent/minimize patient migration when the head of bed is raised

· Must have angle indicator to identify degree of HOB elevation

· Height range: Highest at least 32.5” and lowest at least 14.5”

· Trendelenburg/Reverse Trendelenburg: Maximum Trendelenburg/reverse Trendelenburg position of 15 degrees.

· Emergency CPR release

· Bed must come with a push button to easily extend the sleep deck without tools to accommodate mattresses between 80-88”L and a

· Ability to expand width.

· All positioning features (head up, knee gatch) must be electric and available with battery back-up

· Must have angle indicator to identify degree of HOB elevation

· Maximum height range (sleep deck to floor) 26.8”, minimum height range (sleep deck to floor) 18.5”

· Bed must come with a push button to easily extend the sleep deck without tools to accommodate mattresses between 80-88”L and a maximum of 8.5”H for the bariatric bed.

· Ability to expand width.

· Switches and controls protected against accidental setting changes.

· Lockout controls

· Controls sealed against penetration of liquids.

· Patient Controls (including height of bed and head up and down) shall be within the reach of the patient on both sides of bed and easy to operate

· Touchscreen controls on each side of the bed

· Bed safety monitoring system.

· The controls (e.g., switches, knobs) are visible and clearly identified and their function self-evident (control design should prevent misinterpretation of displays and control settings.

· Switches and controls protected against accidental setting changes.

· Lockout controls

· Controls sealed against penetration of liquids.

· Patient Controls (including height of bed and head up and down) shall be within the reach of the patient on both sides of bed and easy to operate

· Touchscreen controls on each side of the bed

· Bed safety monitoring system.

· The controls (e.g., switches, knobs) are visible and clearly identified and their function self-evident (control design should prevent misinterpretation of displays and control settings.

· Switches and controls protected against accidental setting changes.

· Lockout controls

· Controls sealed against penetration of liquids.

· Patient Controls (including height of bed and head up and down) shall be within the reach of the patient on both sides of bed and easy to operate

· Touchscreen controls on each side of the bed

· Bed safety monitoring system.

· 2 side rails located at head of bed and 2 side rails located at foot of bed.

· The side rails (dimensions and gaps between) must comply with IEC/EN 60601-2-52 Standard for Medical Beds

· Side rails raise and lower easily

· 4 side rails designed to cover a minimum of 60% of side of bed

· 2 side rails located at head of bed and 2 side rails located at foot of bed.

· The side rails (dimensions and gaps between) must comply with IEC/EN 60601-2-52 Standard for Medical Beds

· Side rails raise and lower easily

· 4 side rails designed to cover a minimum of 60% of side of bed

· 2 side rails located at head of bed and 2 side rails located at foot of bed.

· The side rails (dimensions and gaps between) must comply with IEC/EN 60601-2-52 Standard for Medical Beds

· Side rails raise and lower easily

· Four corner break and steer feature

· Casters may be set in steer, neutral, and locked positions

· Brakes easy to apply from side or end.

· All casters are controlled by central locking system and must not exceed 5”.

· Four corner break and steer feature

· Casters may be set in steer, neutral, and locked positions

· Brakes easy to apply from side or end.

· All casters are controlled by central locking system and must not exceed 6”.

· Casters must have four wheel breaking capabilities

· Must feature audible break not set alert

· Brakes must lock from both rolling and swiveling

· Permit WiFi connectivity

· Standard and wide frame beds will have a 3-Mode bed exit system that includes silence, automatic reset, and visual and audible safety prompts.

· Bed shall have an integrated bed exit alarm and nurse call feature able to connect with existing facility-wide Rauland Responder call bell system.

· Permit WiFi connectivity

· Standard and wide frame beds will have a 3-Mode bed exit system that includes silence, automatic reset, and visual and audible safety prompts.

· Bed must have an audible 3 level bed exit alarm

· Bed must come with patient pendant

· The scale shall function in and bed position.

· The scale shall display the patient’s weight in both kilograms and pounds.

· The scale shall have an accuracy of +/- 1% of the patient’s actual weight.

· The scale shall function in and bed position.

· The scale shall display the patient’s weight in both kilograms and pounds.

· The scale shall have an accuracy of +/- 1% of the patient’s actual weight.

· The scale shall function in and bed position.

· The scale shall display the patient’s weight in both kilograms and pounds.

· The scale must accommodate patients weighing up to 1000 pounds.

· Safe working load up to 500 lbs. for standard beds and up to 1000lbs for bariatric bed.

· Foley position limit

· Audible alert when brakes are not set

· Verbal safety prompts that cautions patients when the brakes are not set, call bell is disconnected, encourages patients to stay in bed, notifies a patient when the call bell has been activated, and indicates when a desired function is not available.

· Voice controlled safety capabilities.

· Lighted Handgrips for safety.

· Motion activated nightlight

· Safe working load up to 500 lbs.

· Foley position limit

· Audible alert when brakes are not set

· Verbal safety prompts that cautions patients when the brakes are not set, call bell is disconnected, encourages patients to stay in bed, notifies a patient when the call bell has been activated, and indicates when a desired function is not available.

· Voice controlled safety capabilities.

· Lighted Handgrips for safety.

· Must have automatic drive capabilities to support ease of bed and patient transport

· Safe working load up to 1000lbs for bariatric bed.

· Must be capable of providing patients with continuous lateral rotation

· Voice controlled safety capabilities.

· Lighted Handgrips for safety.

· The bed shall operate at 15 amperes or less.

· Meets UL2601 and IBC 60601-1 standards

· Cords must have storage option during transport.

· The bed shall operate on regular 110 VAC medical provided power, and connect to standard electrical receptacles. Comment by Mckitrick, Alisha N.: I could not find these in the technical specifications of the Centrella Smart+ bed. I did find them listed for the bariatric bed and incorporated them into the document.

· The bed shall operate at 15 amperes or less.

· Meets UL2601 and IBC 60601-1 standards

· Cords must have storage option during transport.

· Power requirements for bariatric bed: 120v, 60cycle AC, maximum current of 9.9A

· Meets UL2601 and IBC 60601-1 standards

· Battery back-up must engage automatically or be easily labeled and accessible

· A fully charged battery should last a minimum of 2 hours.

· Beds should come with the following additional accessories

· Built in line and cord management

· Minimum of 4 IV pole sockets

· Removable IV pole

· Integrated restraint holders

· Integrated urinal holder

· Drainage bag holder

· Patient storage compartment

· Patient pendant that includes comfort settings, entertainment controls, and nurse call button.

· Integrated scale

· Patient pendant that includes comfort settings, entertainment controls, and nurse call button.

· Accessories will not interfere with current equipment in rooms including ceiling lifts

· Beds should come with the following additional accessories

· Built in line and cord management

· Minimum of 4 IV pole sockets

· Removable IV pole

· Integrated restraint holders

· Integrated urinal holder

· Drainage bag holder

· Patient storage compartment

· Patient pendant that includes comfort settings, entertainment controls, and nurse call button.

· Integrated scale

· Patient pendant that includes comfort settings, entertainment controls, and nurse call button.

· Bariatric beds should come with the following additional accessories:

· IV pole

· Straight power cord

· Automatic steer for easy transportation

· Integrated caregiver and patient controls

· Battery backup

· Digital HOB indicator and alert

· The bed frame must be constructed to prevent fluids from entering mechanical areas.

· Vendor shall indicate availability and cost of extended parts warranty options.

· During the warranty period, the vendor shall provide all-inclusive service (parts, labor, preventive maintenance, travel and unlimited repairs) at no additional cost Monday-Friday between the hours of 7:00 am – 4:30 pm (excluding holidays).

· Software updates are included for the lifetime of the bed.

Specific Mattress Specifications

Definition of support surface/mattress:

“A specialized device for pressure redistribution designed for management of tissue loads, micro-climate, and/or other therapeutic functions”

Mattress dimensions:

· Standard and wide frame mattress: 35.5” or 38.5”W x 76-88”L x 8”H

Mattress Dimensions:

Bariatric bed mattress: 40-50” wide, 80-88” long inflated, 8.5” high

Item offered must meet minimum salient characteristics of item described within the Schedule of Items and Specification within the SOW. Offeror to provide technical brochures to support functionality features as described within the SOW/Schedule of Items. In addition, electronic data or virtual link in order to examine capabilities shall be provided. Offerors shall provide in detail for each specification that is required that the particular specification is or is not offered with a reference to the quote/brochure/data provided that the specification required is in fact offered. If offering a product that specified herein, the vendors are required to provide descriptive literature in sufficient detail to determine if the items quoted are technically acceptable. Offeror shall also provide evidence of being an Authorized Reseller (Distributor) for product offered. This can be substantiated with a link to manufacturer’s web site that supports offeror’s distributorship or other proof from the manufacturer. Offeror must provide at least three recent and relevant past performance references (including contract numbers, amount of contract award, point of contact with email address, telephone numbers and other relevant information, and a description of product/work performed under the contract. Comment by Austin, Robyn J.: Should this be moved to the Past Performance Section? We don’t want redundancies. Comment by Mckitrick, Alisha N.: That is fine with me. I will defer to Mike for clarification.

Delivery FOB Destination to VA Louis A. Johnson, 1 Medical Center Drive, Clarksburg, WV, 26301

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Centrella 355 Smart+ Bed (Standard) Standard Features: GCI Touchscreen-Left Side Bed Exit Silence Brake Not Set Alarm One Button Chair Battery Backup Digital Angle Indicator Built in Line and Cord Mgmt 4 IV Pole Sockets Integrated Restraint Holders Lockout Controls Drainage Bag Holder Smart Bed Ready (Sidecom Req) WIFI Enhanced 3-Mode Bed Exit Motion Activated Nightlight Stand Assist Advanced Slideguardr Feature Foley Position Limit Patient HOB Angle Display Trend/Rev Trendelenburg Dampened Emergency CPR Patient Storage in Siderail Integrated Urinal Holders FlexAFootT Powered Bed Extend ****************************** Included Options: English Language Labels 36" Frame Width Voltage: 120 USB Charger 2nd LCD Touchscreen In Bed-Scale (KB/LBS) Pendant Steer Caster Removable IV Pole Verbal Alerts SafeViewr+ with IllumiGuider MAX Air Surface with Blower Contract Number: Open Market ******************************

LOCAL STOCK NUMBER: CNT-355

Nurse Call, UTV, Lighting

LOCAL STOCK NUMBER: CNT-NUL

Accessory outlet

LOCAL STOCK NUMBER: CNT-AR

Centrella Smart+ Bed with 40" Frame Standard Features: GCI Touchscreen-Left Side Bed Exit Silence Brake Not Set Alarm One Button Chair Battery Backup Digital Angle Indicator Built in Line and Cord Mgmt 4 IV Pole Sockets Integrated Restraint Holders Lockout Controls Drainage Bag Holder Smart Bed Ready (Sidecom Req) WIFI Enhanced 3-Mode Bed Exit Motion Activated Nightlight Stand Assist Advanced Slideguardr Feature Foley Position Limit Patient HOB Angle Display Trend/Rev Trendelenburg Dampened Emergency CPR Patient Storage in Siderail Integrated Urinal Holders FlexAFootT Powered Bed Extend ****************************** Included Options: English Language Labels 40" Frame Width Voltage: 120 USB Charger 2nd LCD Touchscreen In Bed-Scale (KB/LBS) Pendant Steer Caster Removable IV Pole Verbal Alerts SafeViewr+ with IllumiGuider MAX Air Surface with Blower Contract Number: Open Market ******************************

LOCAL STOCK NUMBER: CNT-355

Nurse Call, UTV, Lighting

LOCAL STOCK NUMBER: CNT-NUL

Accessory outlet

LOCAL STOCK NUMBER: CNT-AR

Centrella 40" frame base

LOCAL STOCK NUMBER: CNT-40

Ergonomic push handles

LOCAL STOCK NUMBER: CNT-PH

36" - 40" MAX surface upgrade

LOCAL STOCK NUMBER: CNT-MAX36U

Biomed Centrella Training

LOCAL STOCK NUMBER: TRAINCENTRELLA

Compella Bariatric Bed Standard Features: Powered Width Expansion 40" or 50" (101 or 127 cm) Powered Length Adjustment 80" - 88" (203 cm - 224 cm) Single Mode Bed Exit Digital Head of Bed Indicator and Alert Scale Battery Backup Nightlight Integrated Caregiver and Patient Controls Slideguard? Technology Patient Weight Range 250-1000 lbs (113-454 kg) ****************************** Included Options: English Language Labels Voltage: 120 Power Plug: NEMA5-15P (US) Air Supply Units Display Inches/Pounds IV Pole Straight Power Cord Navicare Ready Contract Number V797P-4434B *****************************

LOCAL STOCK NUMBER: CBB-BASE

Compella low air loss surface

LOCAL STOCK NUMBER: CBB-TURN

Compella Continuous lateral rotation

LOCAL STOCK NUMBER: CBB-CLRT

IntellidriveXL with 6" casters

LOCAL STOCK NUMBER: CBB-ID

PPM, 3 level advanced bed exit alarm

LOCAL STOCK NUMBER: CBB-PPM

Bed exit signal

LOCAL STOCK NUMBER: CBB-NSC

Pendant

LOCAL STOCK NUMBER: CBB-PNT

1 Day Compella Biomed training class

LOCAL STOCK NUMBER: TRAINCOMPELLA

B.3 DELIVERY SCHEDULE

16.00

16.00

16.00

6.00

6.00

6.00

6.00

6.00

6.00

3.00

3.00

3.00

3.00

3.00

3.00

3.00

3.00

3.00

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 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; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 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 ITEMS 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 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)

(a) Definition. For the Department of Veterans Affairs, “Service-disabled veteran-owned small business concern or SDVSOB”:

(1) Means a small business concern:

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans or eligible surviving spouses (see VAAR 802.201 Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans (or eligible surviving spouses) or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been verified for ownership and control pursuant to 38 CFR 74 and is so listed in the Vendor Information Pages database, (https://www.vip.vetbiz.gov); and

(v) The business will comply with subcontracting limitations in 13 CFR 125.6, as applicable

(2) “Service-disabled veteran” means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(b) General.

(1) Offers are solicited only from verified service-disabled veteran-owned small business concerns. Offers received from concerns that are not verified service-disabled veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation shall be made to a verified service-disabled veteran-owned small business concern.

(c) Agreement. A service-disabled veteran-owned small business concern agrees that in the performance of the contract, the concern will comply with the limitation on subcontracting requirements in 13 CFR §125.6.

(d) A joint venture may be considered a service-disabled veteran owned small business concern if the joint venture complies with the requirements in 13 CFR 125.15, provided that any reference therein to SDVO SBC is to be construed to apply to a VA verified SDVOSB as appropriate.

(e) Any service-disabled veteran-owned small business concern (non-manufacturer) must meet the requirements in FAR 19.102(f) of the Federal Acquisition Regulation to receive a benefit under this program.

(End of Clause) C.3 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND…