36C24724Q0536 Lumenis Solicitation Package.pdf

31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) Aunjeleca Miller

30c. DATE SIGNED

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

1. REQUISITION NO.

534-24-3-2715-0205

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME Holly Bowling

36C24724Q0536

b. TELEPHONE NO. (No Collect Calls) None

04-18-2024

8. OFFER DUE DATE/LOCAL

TIME 04-26-2024

1PM EDT

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR X SET ASIDE: 100 % FOR:

Department of Veterans Affairs VISN 7 Network Contracting Activity

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

501 Greene Street Hatcher Building - Suite 2

HUBZONE SMALL

BUSINESS

SMALL BUSINESS PROGRAM

EDWOSB

NAICS: 811210

Augusta GA 30901 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

SIZE STANDARD:

$34 Million

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

13b. RATING

N/A

X SEE SCHEDULE DPAS (15 CFR 700) 14. METHOD OF SOLICITATION

X RFQ IFB RFP

15. DELIVER TO CODE

Department of Veterans Affairs Ralph H. Johnson VAMC 109 Bee Street

Charleston SC 29401

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE

16. ADMINISTERED BY CODE

Department of Veterans Affairs VISN 7 Network Contracting Activity 501 Greene Street Hatcher Building - Suite 2 Augusta GA 30901

18a. PAYMENT WILL BE MADE BY CODE

Department of Veterans Affairs

FMS-VA-2 (101)

Financial Services Center P.O. Box 149971 Austin TX 78714-9971

PHONE: FAX:

TELEPHONE NO. UEI: EFT:

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. See CONTINUATION Page 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES

This is a RFQ for Lumenis Laser Preventative Maintenance Service for Department of VA Ralph H. Johnson VA Medical Center. This solicitation closes at 1PM EST on 12 April 2024 Please submit all questions by 10 April 2024 1PM EST via email to Holly.Bowling@va.gov. Please reference Solicitation number 36C24724Q0536.

QUANTITY UNIT UNIT PRICE AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA See CONTINUATION Page 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

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

X ARE ARE NOT ATTACHED.

ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION

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

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) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

X mailto:Holly.Bowling@va.gov

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

Terms of Agreement General Requirements Contracting Requirements

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 PERFORMANCE SCHEDULE

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2023)

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 33

C.4 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.5 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.6 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEC 2023) (DEVIATION) (JAN 2024)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS ...... Error! Bookmark not defined.

SECTION E - SOLICITATION PROVISIONS

E.1 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.2 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—

REPRESENTATION AND DISCLOSURES (DEC 2023)

E.3 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.4 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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 36C247

Department of Veterans Affairs

VISN 7 Network Contracting Activity

501 Greene Street

Hatcher Building - Suite 2

Augusta GA 30901

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award

Management, or

[X] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other []

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.

Lumenis Base + 4 Service Contract

Statement of Work

Overview Contractor shall provide full comprehensive service on the Lumenis VersaPulse PowerSuite 100W, Lumenis Pulse 30 Holmium Laser, Lumenis Pulse P120w, and Lumenis BE Smart Selecta Trio for the Ralph H. Johnson VA Medical Center (RHJVAMC). Phone support for VA Biomedical Engineering will also be provided under contract period specified below. Two preventive maintenance visits per twelve (12) month term for the units will be provided during the term of this agreement. Travel, labor, and replacement parts for corrective maintenance and repair services will also be provided. Preventive maintenance will be coordinated with the hospital site.

Performance Period Contractor shall complete the work required under this SOW during base year June 7, 2024 – June 6, 2025, and all renewed option years. Contractor shall work with RHJVAMC Contracting Officer’s Representative (COR) or appointed point of contact (POC) to schedule work. Normal hours of work are defined as Monday through Friday from 8:00 a.m. to 4:00 p.m. Eastern Time, excluding Federal holidays or as otherwise arranged with the COR. For implementation services, where and if applicable the Contractor shall plan on minimizing disruption to patient care during operations.

Place of Performance Tasks under this SOW shall be performed at the following: VISN 7 Ralph H. Johnson VA Medical Center 109 Bee Street, Charleston SC 29401.

Travel All Contractor transportation, lodging, and incidental expenses incurred by the Contractor shall be incorporated into the Contractor’s fees and are the sole responsibility of the Contractor.

Travel shall be scheduled at the most cost-effective rate and fare, and by the most cost-effective mode of travel in accordance with the General Services Administration.

Changes to Statement of Work Any changes to this SOW shall be authorized and approved only through written correspondence from the CO. A copy of each change will be kept in a project folder along with all other products of the project. Costs incurred by the Contractor through the actions of parties other than the CO shall be borne by the Contractor.

Scope of Work The Contractor shall provide maintenance for the following units:

Model S/N Asset #

Lumenis VersaPulse PWR Suite 100W

924 1745536

Lumenis Pulse 30 Holmium

Laser

423 2512001

Lumenis Pulse P120w w/Moses

97 2586706

Lumenis BE Smart Selecta Trio 10060 2735777

Contractor shall abide by OEM’s recommended preventative maintenance guidelines. Contractor shall provide two preventative maintenance visits annually, and an electronic report of the preventative maintenance results of each device following completion. Reports shall include the RHJVAMC asset number and equipment serial number. VA will provide work bench for contractor to perform maintenance; however, Contractor must provide their own tools.

Contractor shall also provide: 24/7 Technical Support, 24/7 Emergency clinical support, software updates, onsite repairs, travel and labor, replacement parts for repair services, loaner equipment (when necessary), 48-hour onsite guarantee, and priority designation in repair queue.

Terms of Agreement

1. Replacement Parts and Additional Charges. Contractor shall supply necessary parts, provided replacement of the parts is required because of normal wear and tear or otherwise deemed necessary by Contractor and RHJVAMC HTM. All parts will be new, standard parts, or used, reworked or refurbished parts that comply with applicable performance and reliability specifications.

2. Inspection. An initial inspection will be conducted to ensure the equipment is in working order prior to any work being performed. Any deficiencies discovered, or conditions listed in the specified exclusions will not be covered under the Service Warranty Policy.

3. Access to Equipment. Contractor’s authorized representatives shall have full and free access to the equipment to perform maintenance service. The Contractor’s Service Representative will charge for time waiting for equipment availability after a sixty (60) minute wait beyond the scheduled time.

4. Warranty. Repairs made during the term of this agreement are warranted for the period remaining on and under the conditions of this agreement or for ninety (90) days, whichever is longer.

General Requirements

1. The Contractor shall provide the COR with a list of contractor employees expected to enter building. While on VA premises, all contractor personnel shall comply with the rules, regulations, and procedures governing the conduct of personnel and the operation of the facility.

2. An access badge will be given to the contractor’s employee upon entrance into VA buildings. The contractor employee must safeguard the access badge and immediately report any lost, stolen, or destroyed badges to the COR. All contract personnel must properly display their access badges. Access badges must always be worn at or above the waist (facing forward) in the facility. The contractor’s employees must return the access badge(s) to the COR or designee when the work is complete.

3. It is the responsibility of the contractor’s personnel to park in the appropriate designated parking areas. Parking information shall be coordinated with each facility COR.

4. RHJVAMC does not validate or make reimbursement for parking violations of the contractor’s personnel under any circumstance.

GOVERNMENT RESPONSIBILITIES:

The Government shall be responsible for making the equipment available to the Contractor during normal business hours. If there is a need for work to be done after hours, the Government will make arrangements for the Contractor to have access to the equipment.

CONTRACTOR PERSONNEL SECURITY REQUIREMENTS:

The contractor shall be required to comply with all security policies/requirements. All security policies/requirements must be met, and employees cleared prior to the contractor performing work under this contract. Employees that cannot meet the security and clearance requirements shall not be allowed to perform work under this contract.

INTERFERENCE TO NORMAL FUNCTION:

Contractor may be required to interrupt their work at any time so as not to interfere with the normal functioning of the facility, including utility services, fire protection systems, and passage of facility patients, personnel, equipment, and carts.

1. In the event of an emergency, contractor services may be stopped and rescheduled at no additional cost to the government.

2. Contractor personnel shall inform the COR or the designee of the need to gain access to secured areas. If access is required to secure areas, prearranged scheduling will be made with COR or designee.

Contracting Requirements

REMOTE ACCESS:

If required, Contractor must comply with all VA Office of Information and Technology security requirements. Contractor must contact RHJVAMC HTM before accessing the system remotely.

REPORTING:

For repairs or services that will be performed during normal working hours, the Contractor’s repairman must report to the Biomedical Engineering Section, G200 or by telephone at 843-789- 7396, and while on station an identification badge shall always be worn. During the repair process, once the problem is identified, the Contractor shall notify VA Biomedical Engineering before replacement parts are installed. After all work is completed, the Contractor’s repairman must again report to the Biomedical Engineering Section and provide a complete report of services or repairs performed for each item of equipment and must also include a listing of replacement parts, when applicable.

NOTE: Payment of invoices may be delayed if the appropriate reports are not properly completed and submitted to the Biomedical Engineering Section as required above.

HOURS OF WORK:

The contractor shall be available during normal business hours of 8:00am – 4:00pm Monday – Friday excluding Federal Holidays and weekends. If it is deemed necessary that work be done outside of normal business hours due to clinic schedule, the contract will be flexible and decide – with HTM staff – on a time that does not impact patient care.

ADDITIONAL SERVICES:

The Contractor guarantees all equipment covered in this contract shall be in optimum working condition at the contract expiration date, provided the Contractor is notified of deficiencies at least one (1) day before the contract expiration date. All changes, updates or retrofits made on any component or system shall be annotated on station equipment manuals and records. Services also include recording all routine work, corrections, and repair work in the equipment log.

AUTHORIZED SERVICES:

Only those services specified within the contract are authorized. Before performing any service or repair of a non-contract nature, the CO or his/her designee must be advised of the reason for this additional work. If appropriate, the CO or his/her designee may authorize the additional services or repairs under a separate purchase authorization. Contractor is cautioned that only the CO or his/her designee may authorize additional services or repairs and reimbursement will not be made unless this prior authorization is obtained.

DISCONTINUANCE OF SERVICE:

The Government reserves the right to terminate service on a particular machine meeting replacement criterion upon thirty (30) days written notice to the Contractor with payment to be prorated.

TEST EQUIPMENT:

RHJVAMC will not furnish parts and/or test equipment for the performance of this contract. It is the responsibility of the Contractor to bring the appropriate equipment and/or supplies necessary to complete the work as required within.

PERFORMANCE CONFERENCE:

If appropriate, the CO will schedule a performance conference for contract orientation purposes with the Contractor receiving award.

SPECIAL CONTRACT REQUIREMENTS:

Contractor must follow all Department of Veterans Affairs, Joint Commission, OSHA, and NFPA regulations when working on VA equipment.

CONTRACTOR SUBMITTALS:

Within fifteen calendar days after award date, but not later than performance of the first servicing of equipment, the Contractor will furnish two (2) copies of its preventive maintenance procedures manual which will be used during the preventive maintenance services of this contract to the CO. These manuals are required by the Government as a condition of the facility’s JCAHO accreditation and must be received before any invoice can be certified for payment.

SERVICE CONTRACTS:

Bidder shall provide in the space provided below, the name, location, and telephone number of the office where service calls are to be placed:

OBSOLETE MACHINES:

Services under a resulting contract will not cover obsolete machines where parts for such obsolete machines are not available under the original manufacturer’s commercial price list, unless mutually agreed to by the CO and the Contractor.

ORDERS:

The Contractor’s repairman will report to the office of the Contracting Officer’s Technical Representative (COTR) prior to start of work and after completing the services required during that call. Services to be rendered will be directed by the COTR and any changes must receive concurrence of the Contracting Officer and/or the COTR.

Security The contractor and their personnel shall be subject to the same Federal laws, regulations, standards, and VA policies as VA personnel, regarding information and information system security. These include but are not limited to Federal Information Security Management Act (FISMA), Appendix III of OMB Circular A-130, and guidance and standards, available from the Department of Commerce’s National Institute of Standards and Technology (NIST). This also includes the use of common security configurations available from NIST’s Web site at:

http://checklists.nist.gov

“VA Sensitive Information” Clause (depending which version Appendix A)

If access to sensitive information involved with this contract. Tier 1 investigation is needed.

SAC is required for 6mo or less. NACI is required for over 6mo to 5 years.

1. GENERAL

Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

http://checklists.nist.gov/

a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

b. All contractors, subcontractors, and third-party servicers and associates working with VA information is subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.

d. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor / subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.

e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor’s employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

3. VA INFORMATION CUSTODIAL LANGUAGE

a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data

- General, FAR 52.227-14(d) (1).

b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor’s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA’s information is returned to the VA or destroyed in accordance with VA’s sanitization requirements. VA reserves the right to conduct on-site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

c. Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

The C&A requirements do not apply, and a Security Accreditation Package is not required.

RECORDS MANAGEMENT OBLIGATIONS:

A. Applicability

This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

B. Definitions

“Federal Record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

1. includes [Agency] records.

2. does not include personal materials.

3. applies to records created, received, or maintained by Contractors pursuant to their [Agency] contract.

4. may include deliverables and documentation associated with deliverables.

C. Requirements

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law.

Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. RHJ VAMC and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of RHJ VAMC or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to RHJ VAMC.

The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to RHJ VAMC control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts.

The Contractor (and any sub-contractor) is required to abide by Government and [FACILITY] guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with RHJ VAMC policy.

8. The Contractor shall not create or maintain any records containing any non-public RHJ VAMC information that are not specifically tied to or authorized by the contract.

9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

10. The RHJ VAMC owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which [FACILITY] shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take RHJVAMC-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVIC

ES

QUANTIT

Y

UNI

T

UNIT PRICE

AMOUNT

0001 1.00 EA

BSCI Lumenis Pulse LP30H

EssentialCare Plan. Serial Number: 423 (Part Number: SRVM006PULSE30EC01) Boston Scientific EssentialCare Plan includes: Access to technicians via phone, 24/7 phone support during patient procedure, 100% coverage on parts/travel/labor charges, 100% coverage on replacement console/parts, 2

Preventative Maintenance every 12 months, All Software updates, Standard 2 business day shipping, and 20% discount on billable service.

Contract Period: Base POP Begin: 06-07-2024 POP End: 06-06-2025 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

0002 1.00 EA

2 BSCI Lumenis Moses Pulse 120HEssentialCare Plan. Serial Number: 97(Part Number:

SRVM006PLSE120EC01)Boston Scientific EssentialCare Plan includes: Access to technicians via phone, 24/7 phonesupport during patient procedure, 100% coverage on parts/travel/labor charges, 100% coverage on replacement console/parts, 2 Preventative Maintenance every 12 months, All Software updates, Standard 2 business day shipping, and 20% discount on billable service.

POP End: 06-06-2025 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

0003 1.00 EA

BSCI Lumenis VersaPulse PowerSuite EssentialCare Plan. Serial Number: 924 (Part Number: SRVM006VPPS100EC01) Boston Scientific EssentialCare Plan includes: Access to technicians via phone, 24/7 phone support during patient procedure, 100% coverage on parts/travel/labor charges, 100% coverage on replacement console/parts, 2 Preventative Maintenance every 12 discount on billable service.

Contract Period: Base POP Begin: 06-07-2024 POP End: 06-06-2025 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

0004 1.00 EA

Lumenis BE Smart Selecta Trio Service Plan. Serial Number: 10060 (Part Number: NC32-GA-0001700) Lumenis BE Ultimate Energy Care Plan (NC32) delivers industry leading Gold Standard Service and Support, including: One (1) preventative maintenance (PM) call per year, Two

(2) business day response time, All labor and travel; all parts;

handpieces are included in this coverage

POP End: 06-06-2025 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, 1001 1.00 EA

EssentialCare Plan. Serial Number: 423 (Part Number: SRVM006PULSE30EC01) Boston Scientific EssentialCare Plan includes: Access to technicians via phone, 24/7 phone support during patient procedure, 100% coverage on parts/travel/labor charges, 100% coverage on replacement console/parts, 2

Preventative Maintenance every 12

Contract Period: Option 1 POP Begin: 06-07-2025 POP End: 06-06-2026 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

1002 1.00 EA

BSCI Lumenis Moses Pulse 120HEssentialCare Plan. Serial Number: 97(Part Number:

SRVM006PLSE120EC01)Boston Scientific EssentialCare Plan includes: Access to technicians via phone, 24/7 phonesupport during patient procedure, 100% coverage on parts/travel/labor charges, 100% coverage on replacement console/parts, 2 Preventative Maintenance every 12 months, All Software updates, Standard 2 business

POP End: 06-06-2026 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, 1003 1.00 EA

EssentialCare Plan. Serial Number: 924 (Part Number: SRVM006VPPS100EC01) Boston Scientific EssentialCare Plan includes: Access to technicians via phone, 24/7 phone support during patient procedure, 100% coverage on parts/travel/labor charges, 100% coverage on replacement console/parts, 2 Preventative Maintenance every 12 months, All Software updates, Standard

POP End: 06-06-2026 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

1004 1.00 EA

Lumenis BE Smart Selecta Trio Service Plan. Serial Number: 10060 (Part Number: NC32-GA-0001700) Lumenis BE Ultimate Energy Care Plan (NC32) delivers industry leading Gold Standard Service and Support, including: One (1) preventative maintenance (PM) call per year, Two

(2) business day response time, All labor and travel; all parts;

POP End: 06-06-2026 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, 2001 1.00 EA

EssentialCare Plan. Serial Number: 423 (Part Number: SRVM006PULSE30EC01) Boston Scientific EssentialCare Plan includes: Access to technicians via phone, 24/7 phone support during parts/travel/labor charges, 100% coverage on replacement console/parts, 2 Preventative Maintenance every 12 months, All Software updates, Standard

Contract Period: Option 2 POP Begin: 06-07-2026 POP End: 06-06-2027 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

2002 1.00 EA

BSCI Lumenis Moses Pulse 120HEssentialCare Plan. Serial Number: 97(Part Number:

SRVM006PLSE120EC01)Boston Scientific EssentialCare Plan includes: Access to technicians via phone, 24/7 phonesupport during patient procedure, 100% coverage on parts/travel/labor charges, 100% coverage on replacement console/parts, 2 Preventative Maintenance every 12 months, All Software updates, Standard 2 business

POP End: 06-06-2027 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, 2003 1.00 EA

EssentialCare Plan. Serial Number: 924 (Part Number: SRVM006VPPS100EC01) Boston Scientific EssentialCare Plan includes: Access to technicians via phone, 24/7 phone support during parts/travel/labor charges, 100% coverage on replacement console/parts, 2 Preventative Maintenance every 12 months, All Software updates, Standard 2 business day shipping, and 20% discount on billable service.

Contract Period: Option 2 POP Begin: 06-07-2026 POP End: 06-06-2027 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

2004 1.00 EA

Lumenis BE Smart Selecta Trio Service Plan. Serial Number: 10060 (Part Number: NC32-GA-0001700) Lumenis BE Ultimate Energy Care Plan (NC32) delivers industry leading Gold Standard Service and Support, including: One (1) preventative maintenance (PM) call per year, Two

(2) business day response time, All labor and travel; all parts;

POP End: 06-06-2027 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, 3001 1.00 EA

EssentialCare Plan. Serial Number: 423 (Part Number: SRVM006PULSE30EC01) includes: Access to technicians via phone, 24/7 phone support during parts/travel/labor charges, 100% coverage on replacement console/parts, 2

Preventative Maintenance every 12 months, All Software updates, Standard

Contract Period: Option 3 POP Begin: 06-07-2027 POP End: 06-06-2028 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

3002 1.00 EA

BSCI Lumenis Moses Pulse 120HEssentialCare Plan. Serial Number: 97(Part Number:

SRVM006PLSE120EC01)Boston Scientific EssentialCare Plan includes: Access to technicians via phone, 24/7 phonesupport during patient procedure, 100% coverage on parts/travel/labor charges, 100% coverage on replacement console/parts, 2 Preventative Maintenance every 12 months, All Software updates, Standard 2 business

POP End: 06-06-2028 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, 3003 1.00 EA

EssentialCare Plan. Serial Number: 924

(Part Number: SRVM006VPPS100EC01) includes: Access to technicians via phone, 24/7 phone support during patient procedure, 100% coverage on parts/travel/labor charges, 100% coverage on replacement console/parts, 2 Preventative Maintenance every 12 months, All Software updates, Standard

POP End: 06-06-2028 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

3004 1.00 EA

Lumenis BE Smart Selecta Trio Service Plan. Serial Number: 10060 (Part Number: NC32-GA-0001700) Lumenis BE Ultimate Energy Care Plan (NC32) delivers industry leading Gold Standard Service and Support, including: One (1) preventative maintenance (PM) call per year, Two

(2) business day response time, All labor and travel; all parts;

POP End: 06-06-2028 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, 4001 1.00 EA

EssentialCare Plan. Serial Number: 423

(Part Number: SRVM006PULSE30EC01) includes: Access to technicians via phone, 24/7 phone support during patient procedure, 100% coverage on parts/travel/labor charges, 100% coverage on replacement console/parts, 2

Preventative Maintenance every 12 months, All Software updates, Standard

Contract Period: Option 4 POP Begin: 06-07-2028 POP End: 06-06-2029 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

4002 1.00 EA

BSCI Lumenis Moses Pulse 120HEssentialCare Plan. Serial Number: 97(Part Number:

SRVM006PLSE120EC01)Boston Scientific EssentialCare Plan includes: Access to technicians via phone, 24/7 phonesupport during patient procedure, 100% coverage on parts/travel/labor charges, 100% coverage on replacement console/parts, 2 Preventative Maintenance every 12 months, All Software updates, Standard 2 business

POP End: 06-06-2029 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, 4003 1.00 EA

EssentialCare Plan. Serial Number: 924 (Part Number: SRVM006VPPS100EC01) Boston Scientific EssentialCare Plan includes: Access to technicians via phone, 24/7 phone support during patient procedure, 100% coverage on parts/travel/labor charges, 100% coverage on replacement console/parts, 2 Preventative Maintenance every 12 months, All Software updates, Standard 2 business day shipping, and 20% discount on billable service.

Contract Period: Option 4 POP Begin: 06-07-2028 POP End: 06-06-2029 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

4004 1.00 EA

Lumenis BE Smart Selecta Trio Service Plan. Serial Number: 10060 (Part Number: NC32-GA-0001700) Lumenis BE Ultimate Energy Care Plan (NC32) delivers industry leading Gold Standard Service and Support, including: One (1) preventative maintenance (PM) call per year, Two

(2) business day response time, All labor and travel; all parts;

coverage 1 EA 17073.2300

POP End: 06-06-2029 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, GRAND TOTAL

B.3 Performance SCHEDULE

ITEM

NUMBER

SHIPPING INFORMATION

QUANTITY

DELIVERY

DATE

0001 SHIP TO: Ralph H. Johnson VAMC 1.00 06/07/24- 109 Bee Street Charleston, 06/06/25

SC 29401 5799 USA

SHIP TO:

Ralph H. Johnson VAMC

1.00

06/07/24-

06/07/25-

109 Bee Street Charleston, 06/06/26

1004 SHIP TO: Ralph H. Johnson VAMC 109 Bee Street Charleston, SC 29401 5799 USA

1.00 06/07/25- 06/06/26

06/07/26- 06/06/27

06/07/27- 06/06/28

SC 29401 5799

USA

06/07/28- 06/06/29

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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

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

and

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

(iv) If a demand for payment was previously issued for the debt, the demand…