36C24522Q0338.docx

36C24522Q0338

GENERAL INFORMATION

VAMC(688)

50 Irving Street NW Washington DC 20422

POINT OF CONTACT*

Michael Jones michael.jones16@va.gov 202-745-8000 x52485

PLACE OF PERFORMANCE

5th St. & Ave. G

Perry Point MD

COUNTRY

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

See RFQ below:

All questions are to be submitted in writing NLT, Wednesday, February 23, 2022 by 10:00am EST.

To: Michael Jones, Michael.jones16@va.gov

All responses are to be submitted in writing NLT, Monday, February 28, 2022 by 10:00am EST.

To: Michael Jones, Michael.jones16@va.gov Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

Combined Synopsis/Solicitation Notice

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. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C24522Q0338 02-17-2022 Michael Jones 202-745-8000 x52485 02-28-2022 10:00am

EST

Department of Veterans Affairs

VAMC(688)

50 Irving Street NW Washington DC 20422 X X 339114 750 Employees N/A X Department of Veterans Affairs Perry Point VAMC Biomedical Engineering 59 Avenue D Perry Point MD 21902 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 See CONTINUATION Page This is a solicitation for dental chairs.

See SOW for additional information.

See CONTINUATION Page X X Kami Hom Contracting Officer Page 1 of 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: Department of Veterans Affairs

VAMC(688)

Michael Jones, Contract Specialist 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:

B.2 STATEMENT OF WORK

Statement of Work Dental Chair Replacement VA Maryland Health Care System Baltimore, MD

1. PURPOSE:

1.1. The overall purpose of this requirement is to procure replacements for the dental chairs to be deployed at the VA Maryland Healthcare System’s (VAMHCS) Perry Point VA Medical Center. These dental chairs will be used in the dental clinic in the Perry Point Medical Center. The requirement includes the procurement of dental chairs, the upholstery associated with the chairs, dental delivery systems, dental instrumentation, doctor’s stools, and the delivery, assembly, and installation of all equipment.

2. SCOPE:

2.1. The contractor shall deliver and install equipment with all specified salient characteristics (see below). Only new equipment will be accepted.

2.2. The contractor shall provide shipping, transport, installation, and all equipment necessary to meet the requirements and capabilities listed within the scope.

2.3. The assembly of the system must be performed by a vendor service trained representative.

2.4. The contractor is responsible for identifying any missing parts or components not included in the order for the exam tables and upholstery.

2.5. The contractor shall include accessories and consumables for initial deployment of the exam tables.

2.6. SALIENT CHARACTERISTICS:

2.6.1. One (1) dental chair equivalent too:

2.6.1.1. Manufacturer: A-dec 511 Chair

2.6.1.2. Model: 511

2.6.1.2.1. Accessories

2.6.1.2.1.1. V0195.0264 Foundation Price 511 B Chair

2.6.1.2.1.2. V0075.0014 Upholstery Type Formed/Seamless

2.6.1.2.1.3. V0042.0002 Foot Switch Programmable Footswitch

2.6.2. Five (5) dental chairs equivalent too:

2.6.2.1. Manufacturer: A-dec 511 Chair

2.6.2.2. Model: 511

2.6.2.2.1. Accessories

2.6.2.2.1.1. V0195.0266 Foundation Price 532B Radius Mount with Deluxe Plus Touchpad

2.6.2.2.1.2. V0070.0016 Standard Side Mount Tray Holder

2.6.2.2.1.3. V0071.0010 10’ Umbilical with Duplex Cable

2.6.2.2.1.4. V0267.0005 Position 1 Autoclavable QD Syringe

2.6.2.2.1.5. V0267.0072 Position 2 Satelec Newtron Slim Ultrasonic Module

2.6.2.2.1.6. V0158.0004 Add Ultrasonic Instrument Handpiece Satelec Newtron Slim B.LED

2.6.2.2.1.7. V0196.0001 Ultrasonic Tip Starter Kit Satelec Ultrasonic Tip Kit

2.6.2.2.1.8. V0267.0001 Position 3 6-Pin Tubing

2.6.2.2.1.9. V0267.0001 Position 4 6-Pin Tubing

2.6.2.2.1.10. V0267.0087 Position 5 EA-53LED Electric Motor

2.6.2.2.1.11. V0053.0007 MC-2.0 I Control Module

2.6.3. Five (5) Instrumentation Sets equivalent too:

2.6.3.1. Manufacturer: A-dec

2.6.3.2. Model: 551

2.6.3.2.1. Accessories

2.6.3.2.1.1. V0195.0146 Foundation Price 551 Assistant’s Instrumentation

2.6.3.2.1.2. V0030.0004 Arm Length Long Arm

2.6.3.2.1.3. V0004.0014 Satelec Mini LED Curing Light

2.6.3.2.1.4. V0462.0001 Assistant’s Curing Light Holder Holder for Curing Light

2.6.3.2.1.5. V0087.0007 Additional 11mm HVE

2.6.3.2.1.6. V0090.0001 Support Link 500 Support Link

2.6.4. Six (6) Dental lights equivalent too:

2.6.4.1. Manufacturer: A-dec

2.6.4.2. Model: 28.1924.00

2.6.5. Three (3) Doctor’s Stools equivalent too:

2.6.5.1. Manufacturer: A-dec

2.6.5.2. Model: 521

2.6.5.2.1. Accessories

2.6.5.2.1.1. V0195.0246 Foundation Price 521 Doctor’s Stool

2.6.5.2.1.2. V0044.0005 Material Fee Contract Color Upcharge-Upholstery

2.6.6. Five (5) Assistant Stools equivalent too:

2.6.6.1. Manufacturer: A-dec

2.6.6.2. Model: 522

2.6.6.2.1. Accessories

2.6.6.2.1.1. V0195.0247 Foundation Price 522 Assistant’s Stool

2.6.6.2.1.2. V0474.0001 Backrest Backrest

2.6.6.2.1.3. V0044.0005 Material Fee Contract Color Upcharge-Upholstery

2.6.7. Operations manuals will be provided for all equipment

2.7. IMPLEMENTATION AND INSTALLATION

2.7.1. Installation and validation shall be included in the procurement cost and shall include but not limited to:

2.7.1.1. Assembly of dental chairs, delivery systems, lights, doctor’s stools, and assistant’s stools.

2.7.1.2. All materials required to assemble the dental chairs, delivery systems, lights, doctor’s stools, and assistant’s stools shall be provided by the contractor.

2.8. TRAINING

2.8.1. The contractor shall provide onsite training for the VAMHCS operating suite staff on the operation of the medical equipment.

2.8.2. Biomedical Engineering training for the Baltimore VA Medical Centers Biomedical Equipment Support Specialists (BESS) on maintenance and operating procedures.

2.9. DELIVERY

2.9.1. The contractor shall deliver necessary equipment to the Perry Point VA Medical Center located at the following address below with at least a two week notice to the Biomedical Engineering team at the Baltimore VA Medical Center or the COR of this procurement.

Perry Point VA Medical Center ATTN: Biomedical Engineering 59 Avenue D Perry Point, Maryland 21902

2.9.2. The contractor shall deliver equipment and all items required for installation only when the site is ready for installation to proceed. This includes a two week notice from the vendor to the site detailing the delivery information of the equipment detailed in this procurement.

2.9.3. The contractor shall coordinate all deliveries, installation, and parking arrangements with the COR.

2.9.4. Delivered materials will arrive in manufacturer’s original sealed containers with the associated purchase order number listed on the outside of the box.

2.9.5. The contractor shall conduct a joint inspection with the COR upon delivery of the equipment and shall provide the COR a list of missing or damaged items found upon inspection. This inspection will need to be scheduled prior to the vendor representative arrives to the Perry Point VA Medical Center.

2.9.6. The contractor shall remove all related shipping debris and packing from the VAMHCS facilities.

2.10. SITE CONDITIONS

2.10.1. There shall be no smoking on hospital property at any time.

3. INSPECTION AND ACCEPTANCE

3.1. The contractor shall conduct a joint inspection with the COR upon delivery equipment.

3.2. The contractor shall provide the VA COR a list of missing and /or damaged items found upon inspection and have those items replaced at no cost to the Government.

3.3. The COR shall ensure all work is completed satisfactorily prior to acceptance. Disputes shall be resolved by the VA Contracting Officer.

4. DELIVERABLES

4.1. Operation and Maintenance Manuals

4.1.1. Deliver compilation of all manufacturer recommended maintenance schedules and operation materials packaged upon delivery. Manuals shall be made available in an electronic format.

5. OPERATOR TRAINING

5.1. Onsite education and training by a vendor service trained representative will be provided to VAMHCS clinical staff. The scheduling of operator training shall be coordinated with the VAMHCS clinical staff after delivery and installation.

5.2. Onsite education and training by a vendor service trained representative shall be provided to the VAMHCS Biomedical Engineer Shop, including the Biomedical Equipment Support Specialists (BESS). The scheduling of service training shall be coordinated with the COR or Lead BESS located at the Perry Point VA Medical Center after delivery and installation.

6. PROTECTION OF PROPERTY

6.1. The contractor shall protect all items from damage. The contractor shall take precaution against damage to the building(s), grounds and furnishings. The contractor shall repair or replace any items related to building(s) or grounds damaged accidentally or on purpose due to actions by the Contractor.

7. SECURITY REQUIREMENTS

7.1. The contractor must have a photo ID available when performing work at the VA Medical Center and be willing to present it to VA staff.

7.2. The contractor is responsible for providing any personal protective equipment (PPE) that is deemed necessary to complete tasks stated in this requirement.

7.3. The contractor must follow the VA Maryland Health Care Systems current COVID-19 guidance for entry to any medical center or Community Based Outpatient Clinic (CBOC).

8. WARRANTY

8.1. At a minimum, the electrosurgical units and smoke evacuators must include a 1-year warranty on all parts and labor at no cost to the Government.

8.2. The warranty shall begin upon completion of validation testing.

8.3. Warranty shall include onsite repairs and over the phone support.

8.4. Contractor shall provide routine maintenance service program during warranty period.

8.5. All repairs shall be performed by a vendor or contractor which has been certified by the vendor to perform the repairs.

8.6. The warranty shall include all travel and shipping costs associated with any warranty repair.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

PATIENT CHAIR MODEL 511 WITH ACCESSORIES

LOCAL STOCK NUMBER: 6525

X-ray V0313.9999 PriceBook Current 511 Model 511 Patient Chair V0452.0002 Product Version B V0074.0002 Voltage 120 Volts V0009.0002 Base Color White V0195.0264 Foundation Price 511 B Chair V0075.0014 Upholstery Type Formed/Seamless V0073.0004 Upholstery Style 511 F02 Style V0072.0025 Upholstery Color Sapphire V0042.0002 Foot Switch Programmable Footswitch V0327.0004 Packaging Standard (Boxed)

PATIENT CHAIR MODEL 511 WITH ACCESSORIES

V0313.9999 PriceBook Current 511 Model 511 Patient Chair V0452.0002 Product Version B V0074.0002 Voltage 120 Volts V0009.0002 Base Color White V0195.0264 Foundation Price 511 B Chair V0075.0014 Upholstery Type Formed/Seamless V0073.0004 Upholstery Style 511 F02 Style V0072.0025 Upholstery Color Sapphire V0040.0001 Contoured Floor Box V0042.0002 Foot Switch Programmable Footswitch V0037.0002 Duplex and QDs V0327.0004 Packaging Standard (Boxed)

RADIUS TRADITIONAL DELIVERY SYSTEM MODEL 532

V0313.9999 PriceBook Current 532 Model 532 Radius Traditional Delivery System V0412.0001 Quick Ship Not Eligible V0568.0001 Preconfigured Packages Not Eligible V0452.0002 Product Version B V0009.0002 Base Color White V0195.0266 Foundation Price 532B Radius Mount with Deluxe Plus Touchpad V0070.0016 Standard Side Mount Tray Holder V0041.0008 Disc Foot Control V0071.0010 10' Umbilical With Duplex Cable V0327.0010 Packaging Blanket Wrap With Pallet V0128.0001 Handing Right V0036.0010 Doctor's Touchpad Deluxe Plus Touchpad V0330.0002 Handpiece Tubing Style Silicone Handpiece Tubing V0267.0005 Position 1 Autoclavable QD Syringe V0267.0072 Position 2 Satelec Newtron Slim Ultrasonic Module V0158.0004 Add Ultrasonic Instrument Handpiece Satelec Newtron Slim B.LED V0196.0001 Ultrasonic Tip Starter Kit Satelec Ultrasonic Tip Kit V0267.0001 Position 3 6-Pin Tubing V0267.0001 Position 4 6-Pin Tubing V0267.0087 Position 5 EA-53LED Electric Motor V0267.0003 Position 6 No Tubing V0053.0007 MC-2.0 I Control Module

ULTRASONIC LIGHTED NEWTRON SLIM HDPC

LOCAL STOCK NUMBER: 6520

ASSISTANT'S INSTRUMENTATION MODEL 551

V0313.9999 PriceBook Current 551 Model 551 Assistant's Instrumentation V0009.0002 Base Color White V0195.0146 Foundation Price 551 Assistant's Instrumentation V0055.0036 Mounting Style A-dec 511 Chair V0030.0004 Arm Length Long Arm V0327.0010 Packaging Blanket Wrap With Pallet V0105.0005 Autoclavable QD Syringe V0004.0014 Satelec Mini LED Curing Light V0462.0001 Assistant's Curing Light Holder Holder for Curing Light V0403.0002 No Dual Turret V0200.0005 HVE Standard 11mm HVE V0087.0007 Additional 11mm HVE V0500.0004 Vacuum Tubing Style EasyFlex Tubing V0090.0001 Support Link 500 Support Link

RETROFIT LED DENTAL LIGHT

DOCTOR'S STOOL MODEL 421

V0313.9999 PriceBook Current 521 Model 521 Doctor's Stool V0195.0246 Foundation Price 521 Doctors Stool V0009.0002 Base Color White V0032.0003 Cylinder Type Tall V0012.0002 Caster Type Tile V0083.0005 Armrest Options No Armrests V0075.0009 Upholstery Type Sewn V0565.0236 Upholstery Color Baltic, Ultraleather, #291-2551 V0044.0005 Material Fee Contract Color Upcharge-Upholstery V0327.0010 Packaging Blanket Wrap With Pallet

DOCTOR'S STOOL MODEL 421

V0313.9999 PriceBook Current 421 Model 421 Doctor's Stool with Contoured Seat V0195.0244 Foundation Price 421 Doctors Stool V0009.0002 Base Color White V0032.0003 Cylinder Type Tall V0012.0002 Caster Type Tile V0083.0006 Armrest Options No Armrests V0075.0009 Upholstery Type Sewn V0565.0236 Upholstery Color Baltic, Ultraleather, #291-2551

ASSISTANT STOOL MODEL 522

V0313.9999 PriceBook Current 522 Model 522 Assistant's Stool V0195.0247 Foundation Price 522 Assistant's Stool V0009.0002 Base Color White V0474.0001 Backrest Backrest V0475.0002 FootSupport Foot Ring V0012.0002 Caster Type Tile V0075.0009 Upholstery Type Sewn V0565.0236 Upholstery Color Baltic, Ultraleather, #291-2551

BLANKET WRAP SERVICE

CHARGES FOR INSTALL LABOR

B.3 DELIVERY SCHEDULE

1.00

5.00

5.00

15.00

5.00

6.00

3.00

2.00

5.00

1.00

1.00

Page 1 of Page 1 of Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(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; 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 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 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[X] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.] [] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[X] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[] 852.233–70, Protest Content/Alternative Dispute Resolution.

[] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[X] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[X] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause) C.3 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes VAAR 852.219-10 VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause) C.4 VAAR 852.219-78 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (SEP 2021) (DEVIATION)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Certification:

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

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

C.5 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

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

Department of Veterans Affairs Perry Point VAMC Biomedical Engineering 59 Avenue D Perry Point MD 21902 (End of Clause)

C.6 VAAR 852.247-72 MARKING DELIVERABLES (OCT 2018)

(a) The contract number shall be placed on or adjacent to all exterior mailing or shipping labels of deliverable items called for by the contract.

(b) Mark deliverables, except reports, for:

Delivered materials will arrive in manufacturer’s original sealed containers with the associated purchase order number listed on the outside of the box.

(End of Clause)

C.7 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

Material shall be packed for shipment in such a manner that will insure acceptance by common carriers and safe delivery at destination. Containers and closures shall comply with regulations of carriers as applicable to the mode of transportation.

(End of Clause)

C.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

(End of Addendum to 52.212-4)

C.9 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021) (JUL 2020) (DEVIATION)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided…