36C24622Q0543.docx

36C24622Q0543

A.1 52.216-19 ORDER LIMITATIONS (OCT 1995)

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

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

(1) Any order for a single item in excess of ;

(2) Any order for a combination of items in excess of ; or

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

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

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

(End of Clause)

A.2 52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

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

(End of Clause)

A.3 52.216-22 INDEFINITE QUANTITY (OCT 1995)

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

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

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

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

(End of Clause)

A.4 52.216-23 EXECUTION AND COMMENCEMENT OF WORK (APR 1984)

The Contractor shall indicate acceptance of this letter contract by signing three copies of the contract and returning them to the Contracting Officer not later than . Upon acceptance by both parties, the Contractor shall proceed with performance of the work, including purchase of necessary materials.

(End of Clause)

A.5 52.216-24 LIMITATION OF GOVERNMENT LIABILITY (APR 1984)

(a) In performing this contract, the Contractor is not authorized to make expenditures or incur obligations exceeding dollars.

(b) The maximum amount for which the Government shall be liable if this contract is terminated is dollars.

(End of Clause)

A.6 52.216-25 CONTRACT DEFINITIZATION (OCT 2010)

(a) A Firm-Fixed-Price award definitive contract is contemplated. The Contractor agrees to begin promptly negotiating with the Contracting Officer the terms of a definitive contract that will include (1) all clauses required by the Federal Acquisition Regulation (FAR) on the date of execution of the letter contract, (2) all clauses required by law on the date of execution of the definitive contract, and (3) any other mutually agreeable clauses, terms, and conditions. The Contractor agrees to submit a Firm-Fixed-Price award proposal, including data other than certified cost or pricing data, and certified cost or pricing data, in accordance with FAR 15.408, Table 15-2, supporting its proposal.

(b) The schedule for definitizing this contract is:

(c) If agreement on a definitive contract to supersede this letter contract is not reached by the target date in paragraph (b) of this section, or within any extension of it granted by the Contracting Officer, the Contracting Officer may, with the approval of the head of the contracting activity, determine a reasonable price or fee in accordance with Subpart 15.4 and Part 31 of the FAR, subject to Contractor appeal as provided in the Disputes clause. In any event, the Contractor shall proceed with completion of the contract, subject only to the Limitation of Government Liability clause.

(1) After the Contracting Officer's determination of price or fee, the contract shall be governed by—

(i) All clauses required by the FAR on the date of execution of this letter contract for either fixed-price or cost-reimbursement contracts, as determined by the Contracting Officer under this paragraph (c);

(ii) All clauses required by law as of the date of the Contracting Officer's determination; and

(iii) Any other clauses, terms, and conditions mutually agreed upon.

(2) To the extent consistent with paragraph (c)(1) of this section, all clauses, terms, and conditions included in this letter contract shall continue in effect, except those that by their nature apply only to a letter contract.

(End of Clause) A.7 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes the clause: 852.215-70 Service-disabled veteran-owned and veteran-owned small business evaluation factors. Accordingly, any contract resulting from this solicitation will include the clause 852.215-71 Evaluation factor commitments.

(b) The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) to assist in assessing Contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the Contractor's business records or other proprietary data to review such business records regarding contract 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 compliance with the subcontracting commitments.

(End of Clause)

A.8 VAAR 852.219-76 SUBCONTRACTING PLANS MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes FAR 52.219-9, Small Business Subcontracting Plan, and VAAR 852.219-9, VA Small Business Subcontracting Plan Minimum Requirement.

(b) Accordingly, any contract resulting from this solicitation will include these clauses, unless the contract is awarded to a small business concern. The Contractor is advised in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) to assist in assessing the Contractor's compliance with the plan, including reviewing the Contractor's accomplishments in achieving the subcontracting goals in the plan. To that end, the support contractor(s) may require access to the Contractor's business records or other proprietary data 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 compliance with the subcontracting plan.

(End of Clause)

A.9 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause)

A.10 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: 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 $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause) A.11 52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS (OCT 2021) (DEVIATION)

(a) Definition. As used in this clause— United States or its outlying areas means—

(1) The fifty States;

(2) The District of Columbia;

(3) The commonwealths of Puerto Rico and the Northern Mariana Islands;

(4) The territories of American Samoa, Guam, and the United States Virgin Islands; and

(5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.

(b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985).

(c) Compliance. The Contractor shall comply with all guidance, including guidance conveyed through Frequently Asked Questions, as amended during the performance of this contract, for contractor or subcontractor workplace locations published by the Safer Federal Workforce Task Force (Task Force Guidance) at https:/www.saferfederalworkforce.gov/contractors/.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts at any tier that exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award, and are for services, including construction, performed in whole or in part within the United States or its outlying areas.

(End of Clause)

A.12 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond . The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond , until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of Clause)

A.13 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

(a) The Contractor shall conform to the standards established by: Asheville VA Medical Center Department of Veterans Affaris as to .

(b) The Contractor shall submit proof of conformance to the standard. This proof may be a label or seal affixed to the equipment or supplies, warranting that the item(s) have been tested in accordance with the standards and meet the contract requirement. Proof may also be furnished by the organization listed above certifying that the item(s) furnished have been tested in accordance with and conform to the specified standards.

(c) Offerors may obtain the standards cited in this provision by submitting a request, including the solicitation number, title and number of the publication to: Asheville VA Medical Center Monique.Cordero@va.gov

(d) The offeror shall contact the Contracting Officer if response is not received within two weeks of the request.

(End of Clause)

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C24622Q0543 08-01-2022 Monique Cordero, Contract Specialist 757-315-3977 08-16-2022

03:00 PM

EDT

Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton

VA

23667 X Y 541990 $16.5 Million N/A X Department of Veterans Affairs Ashville VA Medical Center 4410 Tunnel Road Ashville

NC

28805-2043 Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton

VA

23667-9900

Department of Veterans Affairs Financial Services Center

PO BOX 149971

Austin

TX

78714-9971 512-460-5049 512-460-5221 See CONTINUATION Page The Charles George VA Medical Center, Ashville, NC has a need for the provision of intraoperative medical laser (Greenlight XPS Rental), hardware and a technician to set up configure, and troubleshoot the equipment in accordance with the Performance Work Statement.

The contract awarded from this solicitation will be a Firm Fixed Price Contract that will consist of one base year and two, one year options.

See Addendum 52.212-1 for instructions on providing a quote.

Quotes are due no later than Friday, May 13., 2022 at 3:00PM

ESDT.

Submit all questions and quotes to Contract Specialist, Monique Cordero at Monique.Cordero@va.gov prior to the due date and time. Clauses and provisions not appearing in full-text are incorporated by reference.

See CONTINUATION Page X X one(1) Mario L. Santiago 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 36C246

Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

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

3. INVOICES: Invoices shall be submitted in arrears:

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

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

PERFORMANCE WORK STATEMENT (PWS)

Title: Laser Service for Urology Requiring Activity Name: Charles George Veterans Affairs Medical Center (CGVAMC), Asheville, NC.

Scope The Urology Service within the CGVAMC intends to augment its ability to provide Green Light laser services such as Green Light XPS, Continuous Flow Cystoscopy. There is no guarantee of the number of various types of cases that will be presented. The contents of this Performance Work Statement are meant to be aft inclusive.

Background The intent of this document is to establish a non-personal performance-based service contract with terms conditions, provisions, and specifications governing on-site laser services to provide the laser, hardware and a technician to set up, configure, and troubleshoot the equipment to be provided by the contractor to the Charles George VA Medical Center, Urology Services. The Urology Service is located at:

Charles George VAMC Surgical Services #112 1100 Tunnel. Road Asheville, NC 28805 This contract will increase the ability of the Urology Department to deliver laser vaporization to eligible Veterans and improving the patient experience.

Objectives This requirement is inclusive of personnel, equipment, licensure, certification, travel, lodging, and any/all other incidentals required in the performance of this contract. Offerors are encouraged to read the requirement in full before submitting proposals to ensure a complete understanding of the tasks associated with this contract.

1.0 General:

The Contractor agrees to provide Green Light Laser services to the Charles George VA Medical Center, Asheville, NC 28805, in accordance with (IAW) the terms and conditions stated herein. The Contractor shall provide these services IAW all applicable Federal, State, and local regulations, laws, and ordinances and in accordance with this performance work statement.

1.1 The performance period of this contract will be for one (1) 12-month base period plus 2 additional option years to be exercised at the sole discretion of the government for a total of 3 contract years.

1.2 The contractor shall provide all necessary equipment. personnel, and related technical support. to include backup equipment, personnel, and technical support in the event of equipment failure, or primary contract staff are not available to perform services at the CGVAMC on a mutual[y agreed upon day and time, as needed. The VA estimates that there will be approximately 30 cases per year.

1.3 Schedule of Services: The Contractor shall notify the CGVAMC Urology Department of any potential delays and/or cancelations of service one (1) hour prior to scheduled services as soon as delays/cancellation of services

· Hours of service – 8:00AM – 5:00PM, M-F, excluding federal holidays. Service may be performed during off schedule hours/days by mutual agreement between the Point of Contact (POC) and the contractor and at no additional charge to the government. It is expected that most services will be performed during normal hours. Upon arrival to perform services the contractor will report to Biomedical Engineering at room # 1724. becomes evident. Services shall not be performed on weekends or Federal Holidays.

· Federal Holidays: The 11 holidays observed by the Federal Government are:

· New Year’s Day

· Martin Luther King’s Birthday

· President’s Day

· Memorial Day

· Juneteenth

· Independence Day

· Labor Day

· Columbus Day

· Veterans Day

· Thanksgiving

· Christmas

· Any other day specifically declared by the President of the United States to be a federal holiday.

When one of the holidays falls on Sunday, the following Monday shall be observed as a Federal Holiday. When a holiday falls on a Saturday, the preceding Friday shall be observed as a Federal Holiday.

Off Duty hours: Hours other than those described above.

1.4 Documentation: The contractor will provide hard copy and/or electronic copies of all service reports to the POC as soon as practical or within 14 working days of completion of the service. Contractor will maintain an electronic database of all services performed for no less than three years.

2.0 Qualifications:

· Contract personnel shall be appropriately trained and proficient in the operation of all associated equipment required in the performance of this contract. The successful offeror shall provide the names and copies of licenses and certifications, etc. of all contract personnel performing work on this contract within five (5) calendar days of contract award (Deliverable 1). Contract employees shall not perform work under this contract until the name and appropriate certificates, licenses, etc. have been provided to and approved to the Contracting Officer (CO).

· Contract employees must be U. S. citizens or provide evidence of a work Visa. Green card, etc.

· The Contractor Technician must be able to read, write, speak and understand English.

· Offeror shall provide a detailed operational plan (Deliverable 2) to include staffing for the first 90 days of this contract.

2.1 All contract employees performing work under this contract shall maintain any and all certifications, licenses, and certification/proficiency training for the duration of this contract. The Contractor shall provide proof of re-certifications, proficiency training completion, etc. to the CO as necessary (Deliverable 3). Contract employees whose certifications, licenses, and training lapse, shall not perform work under the terms of this contract until they become compliant with all certification and training requirements. The Contractor shall bear the expense of maintaining certification, and licenses for contract personnel. The Contractor shall provide copies of renewals and recertifications to the CO within five (5) calendar days of recertifications and license renewals (Deliverable 4).

2.2 The Contractor shall provide a supervisor during the period contract employees will be onsite in the performance of this contract, The Contractor shall forward the name of the supervisor to the CO within five (5) calendar days to the CO.

2.3 The Contractor shall follow all Federal, state and local laws and regulations applicable to the Green Light Laser and delivery of services provided for under this contract.

2.4 Contract personnel shall be subject to the same quality assurance standards. meeting or exceeding current recognized national standards as all regular VAMC Asheville employees. Contractor personnel shall perform the services in accordance with the ethical, professional, and technical standards of VAMC Asheville.

2.5 The Contractor shall immediately notify the CO and the Contracting Officer's Representative (COR) anytime the Contractor, their employees, or facility are involved in malpractice, other litigation actions, or loss of certification, licensure, etc.

2.6 The Contractor shall provide up-to-date information regarding Federal Drug Administration (FDA) approved equipment, recalls, and patient safety issues.

3.0 Performance Assessment Standards:

The Government will evaluate the Contractor's performance under this contract using the method of surveillance specified in the Quality Assurance Surveillance Plan (QASP).

3.1 Provider Quality Performance: All Contract provider(s) shall perform IAW clinical standards.

3.2 Quantifications of Key Personnel: All contract employees shall complete local training requirements (privacy training, Health Insurance Privacy and Portability Act, Information Security, etc.) prior to performing work under this contract. The Contractor shall provide certificates of training to the CO within five (5) calendar days of contract award (Deliverable 5).

3.3 Scope of Practice/Privileging: Contract personnel shall only perform within their individual scope of practice.

3.4 Patient Access: Patients must receive treatment in a timely manner. Contract employees shall be available and be on location as required to properly perform tasks as specified.

3.5 Patient Safety: All equipment shall be maintained IAW the manufacturer's specifications and recommendations.

4.0 VAMC Monitoring/Recordkeeping:

Contract monitoring will be sufficient enough to ensure appropriate auditing, invoicing. and payment. Documentation of services performed will be reviewed prior to certification of payment. The COR will verify all invoices submitted are accurate and the services billed were performed. Services that are not in strict accordance with the terms of this contract will not be certified for payment.

4.1 An annual assessment evaluation will be submitted 60 days prior to expiration of contract and/or prior to election of option year renewals, if applicable.

4.2 It is the expectation that the performance of contracted services will meet basic principles of risk reduction, safety, staff competence and performance improvement. The VA retains the right of oversight of quality and safety of services provided through the contractual agreement.

4.3 The Contractor shall provide documents such as policies and procedures to demonstrate compliance with Joint Commission standards related to Competency assessment and initial and ongoing training for staff provision of care, treatment and/or services performed to the CO within five (5) calendar days of contract award (Deliverable 6).

4.4 The Contractor shall provide documents such as policies and procedures to demonstrate prevention and management of safety risks; and, upon request, reports of incidents involving care, treatment and for services of VA patients to the CO within five (5) calendar days of contract award (Deliverable 6).

4.5 The VA will monitor and evaluate contracted services through selection of the best method as identified by their risk posed to patients by the contracted care, treatment, and/or services. Sources of information may include audit of documentation; review of incident reports provided and/or VA patient satisfaction information; review of quality data and information such as Joint Commission Clinical Core Indicator data and/ or National Committee for Quality measures; and validation of Joint Commission Accreditation status.

4.6 Timeliness is an essential component of this contract and the Contractor must adhere to established timeframes for the provision of service.

5.0 Government Furnished Property and Services:

The Charles George VA Medical Center will provide the following:

· A qualified physician to perform the procedures and provide appropriate personnel to administer any required anesthesia.

· Pharmaceuticals (if required).

· Written consent from the patient prior to the procedure.

· Suitable electrical service to operate the device.

· Secure storage while the device is on Government property.

· A procedural room with telephone and adequate electrical and water supply,

· Four (4) sheaths and sterilization required for performance of procedures.

· Collection and disposal of infectious waste and sharps related to the procedure(s) ,

· Shoe/hair covers, and any other personal protective equipment (PPE) as required. Government provided clothing and equipment will remain at the duty station upon completion of duty shift.

· The Government will provide parking for the contractor’s employees. Contract employees shall park in the Employee Parking Lot. behind Building 47. Contract employees shall adhere to all CGVAMC parking policies. The Government will not invalidate or make reimbursement for parking violations under any conditions.

6.0 Contractor Furnished Items and Services:

Except for those items or services specifically stated to be Government furnished (above), the Contractor shall furnish everything else required to perform this contract.

· The Contractor shall provide disposable sterile fibers and other expendable supplies as necessary.

· The Contractor shall comply with all standards of Joint Commission or other accreditation agencies.

· Contractor shall maintain a notification system of equipment hazards, defects and recalls and shall maintain an effective, written recall plan on any equipment used on this contract.

· Contractor shall have a written equipment preventive maintenance program for any equipment used in this contract and shall maintain a system for tracking all preventive maintenance by serial number. The contractor shall provide a copy to the CO within 10 calendar days of contract award (Deliverable 7). All preventive maintenance shall be performed by trained personnel and IAW manufacturer's guidelines.

· Equipment records that document the following:

· Inventory of Historical documentation or incoming inspection prior to use and ongoing inspection, testing and maintenance. Copies shall be provided to the CO initially within five (5) days of contract award and at any time equipment is added, changed, or removed from services updated, or superseded (Deliverable 8).

· The Contractor shall provide liability, malpractice, and workers compensation insurance in the provision of all professional services rendered. In the event of litigation/investigation of a claim of liability or malpractice, the Contractor shall cooperate fully with Government authorities and designated officials in the investigation of the claim or preparation for litigation.

7.0 INVOICING/PAYMENT:

Invoice requirements and supporting documentation: Supporting documentation and invoice must be submitted no later than 30 days of the end of each month services were provided. Subsequent changes or corrections shall be submitted by separate invoice. All invoices shall be submitted at https://www.fsc.va.gov/einvoice.asp.

In addition to information required for submission of a “proper” invoice in accordance with FAR 52.212-4 (g), all invoices must include:

· Name and Address of Contractor

· Name of Provider

· Invoice Date

· Contract Number and Purchase/Task Order Number

· Dates of Service

· Line Item Numbers (LIN) with quantity

· Hourly Rate

· Number of Hours Worked

· Total Price

8.0 CONTRACTOR PERSONNEL SECURITY:

All Contract employees who require access to the Department of Veterans Affairs' computer systems shall be the subject fingerprinting and a background investigation (BI) and shall receive a favorable adjudication from the VA Security and Investigations Center (07C). The level of background security investigation shall be IAW VA Directive 0710 dated June 04, 2010 and is available at:

https://www.va.gov/vapubs/search_action.cfm?dType=1 (VA Handbook 0710) Appropriate Bl forms shall be provided upon contract (or task order) award and are to be completed and returned to the VA Security and Investigations Center (07C) within 3 days for processing (Deliverable 10). Contractors shall be notified by 07C when the Bl has been completed and adjudicated. These requirements are applicable to all Subcontractor personnel requiring the same access. If the security clearance investigation is not completed prior to the start date of the contract, the employee shall not work on the contract while the security clearance is being processed. Work will commence as soon as the Contractor and Contractor employee receives and email message that states the following: We show that background investigation request on the individual listed below has been completed and the case has been initiated by the Security Investigations Center. When the case is completed, all adjudicative paperwork will be returned to the requesting office. You can provide this email to the Station ISO as proof the investigation has been initiated and access can be granted.

9.0 CONTINGENCY PLAN:

The Contractor shall have in place and maintain a valid contingency plan to meet the requirements of the contract to include backup equipment, expendable supplies, personnel and supervisory personnel when services would not be completed due to interruption of service or failure of equipment. The Contractor shall incur all costs associated with fulfilling this contingency plan as well as alternate contingency plans at no additional expense to the Government. Additionally, the Contractor shall be liable for all expenses incurred by the Government due to Contractor inability to perform alt terms of the contract. The Contractor shall provide a copy of contingency and alternate contingency plans to the CO within 10 calendar days of contract award (Deliverable 9).

10.0 TABLE OF DELIVERABLES:

A summary of deliverables follows. Copies are to be provided to the Government officials

4.4

Investigations Center (07C).

11.0 SPECIAL CONTRACT REQUIREMENTS:

a. The services specified in the PWS may be changed by written modification to this contract. The modification shall be prepared by the Contracting Officer (CO) and, prior to becoming effective, shall be signed by both parties.

b. The Government reserves the right to refuse acceptance of the contractor’s employees, if personal or professional conduct jeopardizes patient care. Breaches of conduct include intoxication or debilitation resulting from drug use, theft, patient abuse, dereliction or negligence in performing directed tasks, or other conduct resulting in formal complaints by patient. Standards for conduct shall mirror those prescribed by current federal personnel regulations. The Contracting Officer and Contracting Officer’s Representative (COR) shall deal with issues raised concerning contract personnel’s conduct. The final arbiter on questions of acceptability is the Contracting Officer.

c. The Contracting Officer shall resolve complaints concerning the contractor employee relations with the Government employees or patients. The Contracting Officer is the final authority on validating complaints. In the event that the contractor employee is involved and named in a validated patient complaint, the Government reserves the right to refuse acceptance of the services of such personnel. This does not preclude refusal in the event of incidents involving physical or verbal abuse. In the event the contractor employee effects any such change at the direction of any person other than the Contracting Officer without authority, no adjustment shall be made in the contract price to cover an increase in costs incurred as a result thereof.

d. Contractor shall, in writing, keep the Contracting Officer informed of any unusual circumstances in conjunction with the contract.

11.1. PERSONNEL:

Personnel Replacement: Any personnel the contractor offers as substitutes shall meet the security requirements and qualifications as outlined in the Statement of Work (SOW).

11.2. MANAGEMENT AND SUPERVISION:

The Contractor shall be responsible for supervising the daily services provided by the contractor’s staff.

The VAMC will provide to the contractor policies, procedures and processes necessary to allow cooperative functioning between the agency and VAMC. Updates and refreshers will be provided to the contractor upon request and when policy procedures or process changes.

The Contractor shall complete checks to ensure that employees do not have a record of criminal offenses or substantiated incidents of patient abuse before being submitted; and, if required to perform their duties, employees are properly licensed and insured to operate motor vehicles.

11.3. RECORD KEEPING:

Documentation of services performed shall be reviewed prior to certifying payment. Contractor shall be present at the VAMC and shall be actually performing the required services as specified in the task order in order to receive reimbursement. The VAMC shall pay for services actually performed and in strict accordance with the Price/Cost Schedule. Contract monitoring and record keeping procedures shall be sufficient to ensure proper payment and allow audit verification that services were provided.

11.4. NO SMOKING POLICY:

Under VHA Directive 1085, all VHA health care facilities (including CBOCs and HCCs) will be smoke-free for patients, visitors, contractors, volunteers, and vendors effective October 1, 2019.The policy applies to cigarettes, cigars, pipes, or any other combustion of tobacco, including but not limited to electronic or e-cigarettes, vape pens or e-cigars.

11.5. CONTRACT ADMINISTRATION DATA:

The Contracting Officer is the only person authorized to approve changes or modify any of the requirements of this contract. The Contractor shall communicate with the Contracting Officer and or Contraction Officer Representative on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitments or issue changes that shall affect price, quantity or quality of performance of this contract. All contract administration functions will be retained by the Department of Veterans Affairs.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

GREENLIGHT XPS RENTAL, INCLUDES THE USE OF THE LASER, PROTECTIVE EYEWARE, AND A TRAINED OPERATOR Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services PRODUCT/SERVICE CODE: Q525 - Medical - Urology UNSPSC: 42295119 - Surgical lasers

SIC CODE: 8062 - GENERAL MEDICAL AND SURGICAL HOSPITALS

LOCAL STOCK NUMBER: GREENLIGHT

02- Rental of a Continuous Flow Cystoscope Set with the rental of a GreenLight Laser System

POP Begin:

POP End:

03- A Stand-By Fee will be charged for having the laser and laser operator available, and service not provided.

04- A cancellation fee will be charged to facility if services are not cancelled within four (4) hours prior to scheduled procedure time.

05- An After Hours Fee will be charged for cases scheduled and commencing before 6:00 AM and after 6:00 PM on Monday through Friday, anytime on Saturday and Sunday and all holidays.

B.3 DELIVERY SCHEDULE

52.00

52.00

1.00

1.00

1.00

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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.