36C24818Q9732-001.pdf

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Medical Storage System Federal contract opportunity
Solicitation number
36C24818q9732
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Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 8

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RFQ #: 36C24818Q9732

PROJECT TITLE: PROVIDE MEDICAL STORAGE FOR ORLANDO VA HEALTHCARE SYSTEM

This is a combined synopsis/solicitation for commercial services/items prepared in accordance with the format in FAR Subpart 12.6 in conjunction with FAR Part 13, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a separate written solicitation will not be issued. This combined synopsis/solicitation is issued as a Request for Quote (RFQ) 36C24818Q9732.

Submit written quotes in accordance with Addendum to FAR 52.212-1, Instruction to Offerors outlined in pages 24-26 of this solicitation. Oral quotes will not be accepted. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition

Circular (FAC) 2005-100 / 08-22-2018. North American Industrial Classification Standard

(NAICS) 337215, Showcase, Partition, Shelving, and Locker Manufacturing, with a Size Standard of 500

Employees, apply to this procurement. This acquisition is 100% set-aside for Service Disabled

Veteran Owned Small Business (SDVOSB).

Orlando VA Healthcare System intends to award a single firm fixed price contract to provide

Pegasus Medical Storage System “or Equal.”

This procurement is being conducted under FAR Part 13 – Simplified Acquisition Procedures.

This procurement is a SDVOSB set-aside and all eligible quoters are encouraged to submit quotes.

To be eligible must be listed as verified in the Vendor Information Pages (VIP)

(https://www.vip.vetbiz.gov) at the time quotes are received and at the time of award. Further you must be registered with the System for Award Management (SAM) (https://www.sam.gov) at the time this RFQ closes.

1. Quote shall be valid 60 days from the close of this solicitation.

2. Please see RFQ for detailed description of requirements.

3. A job walk will take place on Monday September 10, 2018 at 9:00 AM ET. Attendance is not required, but is strongly encouraged to be able to submit an accurate quote.

Location: VA Orlando Medical Center

Building 5, Room 2B205

13800 Veterans Way

Orlando, FL 32827

4. All requests for clarification are due to the NCO 8, Orlando, FL not later than September

11, 2018, 4:00 PM ET. The Government reserves the right to not answer questions submitted after this time.

5. Quotes are due on September 13, 2018 2:00 PM ET. Quotes will only be accepted by email to: Contract Specialists Duwane Snyder, duwane.snyder@va.gov, or Contracting Officer

Debra Matthews at debra.matthews@va.gov https://www.vip.vetbiz.gov/ https://www.sam.gov/ mailto:duwane.snyder@va.gov

RFQ #: 36C24818Q9732

PROJECT TITLE: PROVIDE MEDICAL STORAGE FOR ORLANDO VA HEALTHCARE SYSTEM

Table of Contents

SECTION A ................................................................................................... Error! Bookmark not defined.

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS ....... Error!

Bookmark not defined.

SECTION B - CONTINUATION OF COMBINED SYNOPSIS/SOLICITATION

B.1 CONTRACT ADMINISTRATION DATA

B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN

2011)

B.3 STATEMENT OF WORK

B.4 PRICE/COST SCHEDULE

ITEM INFORMATION

B.5 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

C.1 ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—

COMMERCIAL ITEMS

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

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.4 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED

SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)

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

2012)

C.6 VAAR 852.246-70 GUARANTEE (JAN 2008)

C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2018)

C.8 GRAY MARKET LANGUAGE

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

ITEMS

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.3 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.4 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY

REFERENCE (JAN 2008)

36C24818Q9732

SECTION B - CONTINUATION OF COMBINED

SYNOPSIS/SOLICITATION

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 36C248 CS - Duwane B. Snyder, CO Debra C. Matthews

Department of Veterans Affairs

Orlando VA Healthcare System

Orlando FL 32827

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

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Upon Receipt and acceptance

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.

Vendors shall invoice via:

Tungsten Network https://www.tungsten-network.com

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the

Solicitation numbered and dated as follows:

AMENDMENT NO DATE

B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND

COMPLIANCE (JUN 2011)

This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small

Business Set-Aside. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. 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 CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. 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 CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

B.3 STATEMENT OF WORK

I. Introduction:

Provide all labor, materials, tools, equipment and services necessary to the minimum storage requirements for new high-density racks and mobile carts by Pegasus Medical Concepts Brand “or

Equal.”

II. Scope:

A. High Density Open Frame Racks:

1. Tubular frames shall be constructed from 1” tubular, galvanized, powder-coated steel in color cream RAL #9001 or material of equal strength and durability.

2. Rack units should be of the following dimensions: 26-1/8” deep by 18” wide by 78” high (ISO standard size).

3. Have non-marking casters with a minimum diameter of 2.5".

4. Use support rails or telescopic slides capable of supporting heavy consumable medical supplies

(e.g. bags of intravenous [IV] fluid). Some examples of acceptable materials may include injection molded acrylonitrile butadiene styrene (ABS) or ball bearing reinforced telescopic slides. Racks shall be able to hold up to 9 dividable bins or 9 instrument trays on rollers per section.

5. Support bins of varying depths constructed of injection molded acrylonitrile butadiene styrene

(ABS) with the dimensions of 40cm x 60cm (meet ISO Standards). Bins shall be of open design to minimize dust collection.

6. A minimum of three bin heights is required with at least a 2.5 cm difference in height between each size (e.g. 5cm, 10cm, and 20cm). Bins must be machine washable able to withstand PH-neutral and slightly alkaline detergents and disinfectants. The bins must be heat resistance with a max continuous of 70C and max short term of 90C. The maximum load per bin is 40 kg.

7. Adjustable bin levels to maximize storage capacity with adjustments at 6.5 cm.

8. Only horizontal basket rails for maximizing storage capacity. The rails should be of the type which will allow for the baskets to be placed on an angle of 30 degrees or more for easy access and enhanced viewing of supplies once the baskets are extended out at full length. Permanently angled baskets are not acceptable as it does not allow for the maximization of storage space.

9. Dividers in each bin which can be customized to various lengths and a minimum of 6 compartments.

10. Dividers that lock into the bin to eliminate any divider movement.

11. Basket stops to prevent a bin from falling when extended out.

12. Modular and spacing easily adaptable to accommodate future inventory growth and/or item proliferation.

13. Will not require any special installation requirements that affect the structure of each supply room, including but not limited to special flooring, wall reinforcement, height of ceiling/clearance, and sprinkler code requirements. All open high-density storage must have a max height of 198cm.

14. Baskets must have ergonomic grip handles that will accommodate insertable color coded plastic strips on the front of each basket/tray. The handles should be constructed of injection molded acrylonitrile butadiene styrene (ABS) and should fit securely across the front ledge (lip) of each basket and shall be easily gripped to assist in the movement of the basket in and out. The colored strips must be exchangeable within the handle but not limited to colors.

15. The storage system provided by the manufacturer shall be ISO certified. The product solution shall provide an integrated mix of baskets, solid trays, dividers and connectable frames.

Manufacturer shall be responsive in accommodating unique requirements. The solution should adhere to the 40cm x 60cm ISO standard for storage.

B. Delivery, Assembly, Bin Planning and Vendor Duties:

1. Delivery:

a. All delivery schedules should be coordinated thru facilities in advance.

b. No corrugated boxes are allowed into the facility, if needed then vendor must provide own recyclable dumpster and not limited to overnight parking for such dumpster.

c. Vendor must provide staff onsite upon deliveries to load and offload deliveries.

2. Rack Assembly:

a. All racks will be shipped pre-assembled with baskets installed to avoid storage excess at facility as needed in multiple phases.

b. Vendor trained / certified company installers must be utilized for the product installation and basket planning.

3. Bin Planning:

a. Vendor trained staff must be provided with knowledge of SKU’s and categories for bin set up.

b. Bin planning shall include placement of supplies and dividers, colored coded ergonomic handles including 2” x 3” description label per bin and compartment bar code labels.

c. All installers must be familiar with categorization of supplies

d. All data files must be returned to facility with already sorted data and categorized.

e. Each location shall include an 8 ½” X 11” color coded overhead lamented signs.

f. Final approval of bin configuration will be provided by the VA Department Head or his/her designee.

g. The Contractor should provide an adequate quantity of each bin size to slot the current SKUs and an additional 10% SKUs based on this SKU count.

h. The vendor shall provide a plan for resources necessary for the project.

i. The plan shall identify at a minimum critical date for ordering, product moves, deliveries, installation timelines.

j. Rooms shall be fully implemented and ready for use within three (3) days from the start of rack installation to minimize disruption of the clinical workflow.

k. Each SKU is required to be labeled, categorized.

l. A clear 1x3 vinyl pouch is required to attach the barcode label to the bin in front of the SKU location.

m. Minor on site set-up and adjustments will be made by the Contractor in coordination with VA logistics personnel as needed.

n. The Department Head or designated representative will approve the final room set-up

C. Tear Down, Removal, reuse/disposal of existing shelving:

a. The Contractor is responsible to remove the shelving and supplies in excess of

PAR values (as identified by the Materials Management leadership) with existing shelves from the supply rooms/departments to a central storage location (location to be determined by Materials Management staff).

b. Materials Management will coordinate the material’s disposal through DRMO.

D. Vendor attendance:

a. One or more on-site visits by the Contractor are required to ensure understanding of the current operations and business requirements prior to system delivery.

b. The Contractor shall be responsible for verification of all final critical dimensions and supply room locations prior to installation.

c. A site visit will be coordinated prior to start of installation.

III. Estimate Period of Performance:

September 24, 2018 – October 31, 2018

Place of Performance:

Orlando VA Healthcare System

Orlando VA Medical Center

V. Hours of Work:

Orlando VA Healthcare System 7:30 AM – 4:00 PM (M-F) Weekends can be scheduled with the COR

** Excluding National Holidays

VI. National Holidays:

New Year’s Day January 01

Martin Luther King’s Birthday Third Monday in January

President’s Day Third Monday in February

Memorial Day Last Monday in May

Independence Day July 04

Labor Day First Monday in September

Columbus Day Second Monday in October

Veterans Day November 11

Thanksgiving Day Fourth Thursday in November

Christmas Day December 25

If the holiday falls on a Sunday, the following Monday will be observed as a National holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a National holiday by U.S.

Government Agencies, and any day specifically declared by the President of the United States of

America.

Authorization must be obtained from the Contracting Officer or the Contracting Officer's

Representative (COR) in advance for any work performed outside of normal working hours (after

7:00 a.m. and before 4:00 p.m. Monday through Friday, any Saturday, Sunday, or Federal holiday), to arrange for all services on this station. If this authorization is given for the convenience of the

Contractor, there will be no additional charge for labor, travel time, or other expenses.

Overtime & Holiday Pay: Any overtime and/or holiday pay that may be entitled to the Contractor’s employees shall be the sole responsibility of the Contractor and shall not be billed to nor reimbursed by the Government.

Contractor will bill and be paid for actual services provided by Contractor personnel. Contractor will not be paid for “availability” or “on-call” services unless otherwise provided herein.

VII. Travel:

The Government will not pay for travel. Travel is the responsibility of the contractor.

VIII. Security:

The contractor and contractor personnel shall always be escorted by a VA employee while on VA property. The contractor will not have access to VA sensitive information.

VIX. Contractor Personnel:

The Contractor shall provide a contract program manager who shall be responsible for the performance of the work. The name of this person shall be designated in writing to the Contracting

Officer. The Contractor’s Program Manager shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract.

PROGRAM MANAGER

Company Name:

Address:

Phone No:

Contact Name:

Email:

X. Contractor Employees:

The Contractor shall not employ persons for work on this contract if such employee is identified to the Contractor as a potential threat to the health, safety, security, general well-being or operational mission of the installation and its population.

Contract Personnel shall be subject to the same quality assurance standards or exceed current recognized national standards as established by the Joint Commission (JC).

Badges: Contractor shall obtain a “Contractor I.D Badge” from the VA Police. All Contractor personnel are required to wear I.D Badge during the entire time on VA facility.

Parking: It is the responsibility of the contract personnel to park in the appropriate designated parking areas. Parking information is available from VA Police & Security Service Office. The Contractor assumes full responsibility for any parking violations. The OVAHS does not validate or make reimbursement for parking violations of the contractor’s personnel.

XI. Insurance Coverage:

The Contractor agrees to procure and maintain, while the contract is in effect, Workers Compensation and Employee’s Public Liability Insurance in accordance with Federal and State of Florida laws. The

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

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

Before commencing work under this contract, the Contracting Officer shall require the Contractor to furnish certification from his/her insurance company indicating that the coverage specified by FAR

52.228-5 and FAR 28.307-2 has been obtained and that it may not be changed or canceled without guaranteed thirty (30) day notice to the Contracting Officer.

Contractor is required to provide copies of proof of Workers Compensation and Employee Public

Liability Insurance within fifteen (15) calendar days after notification of contract award.

XII. Invoicing & Payment:

Contractor shall list in the space below the name(s) and Addresses of customer service department with whom the Government facilities shall place orders:

Company Name:

Address:

Phone No:

Contact Name:

Email:

The Contractor shall submit in arrears a properly completed itemized invoice in accordance with FAR clauses 52.212-4(g) Contract Terms and Conditions – Commercial Items via Tungsten Network, http://www.tungsten-network.com/US/.

http://www.tungsten-network.com/US/

Invoices submitted for payment shall be reviewed for accuracy and shall be subject to approval by the

Government prior to issuance of payment.

The invoice MUST be itemized to include the following information.

1. Facility name and address where service was provided

2. Contract number

3. Purchase order number

4. Hours

5. Cost

6. Date

No advance payments shall be authorized. Payment shall be made on a monthly arrears for services provided during the billing month in arrears in accordance with FAR 52.212-4, para. (i). Upon submission of a properly prepared invoice for prices stipulated in this contract for services delivered and accepted in accordance with the terms and conditions of the contract, less any deductions stipulated in this contract.

Payment of invoices may be delayed if the appropriate invoices as specified in the contract are not completed and submitted as required.

B.4 PRICE/COST SCHEDULE

ITEM INFORMATION

Item No. Description of Supplies Quantity Unit “Or Equal”

Description

Unit Price Amount

FRAME (26"D X 74"H)

(U TYPE), PEGASUS, #

F74-U, “or Equal”

EA

FRAME (18"D X 74"H)

(E TYPE), PEGASUS,

#F74-E, “or Equal”

LATERAL SUPPORT

SET (U) TYPE,

PEGSASUS, #LS-U, “or

Equal”

SE

LATERAL SUPPORT

SET E TYPE,

PEGASUS, #LS-E, “or

1O CM DEEP BASKET,

PEGASUS, #B104060,

“or Equal”

20 CM DEEP BASKET,

PEGASUS, #B204060,

5 CM DEEP SOLID

TRAY, PEGASUS,

#T054060 “or Equal”

1O CM DEEP SOLID

#T104060 “or Equal”

2O CM DEEP SOLID

#T204060 “or Equal”

BASKET/ TRAY

HANDLE - U TYPE,

PEGASUS, #LBL-HDL-

U “or Equal”

HANDLE - E TYPE

(ABS), PEGASUS,

#LBL-HDL-E “or Equal”

40X5 DIVIDER

(SHORT), PEGASUS,

#D0540 “or Equal”

60X5 DIVIDER

(LONG), PEGASUS,

#D0560 “or Equal”

40X10 DIVIDER

#D1040 “or Equal”

60X10 DIVIDER

#D1060 “or Equal”

40X20 DIVIDER

#D2040 “or Equal”

60X20 DIVIDER

#D2060 “or Equal”

BALL BEARING

GLIDE (PAIR)

(TYPE U); INCLUDES

(4) CAP NUTS,

PEGASUS, #BBG-RK-U

PR

BALL BEARING

GLIDE MOUNT

FOR OPEN RACK

(PAIR) (TYPE U)

INCLUDES (8) WELL

NUTS, PEGASUS,

#BBG-U-MNT “or

HANDLE - U TYPE,

PEGASUS, #BR-U-H “or

BASKET SUPPORT

(HORIZONTAL) FOR E

FRAME (PAIR),

PEGASUS, #BR-E-H “or

BASKET LINER FOR

IO CM & 20 CM DEEP

BASKETS, PEGASUS,

#BSKLNR “or Equal”

BASKET STOP (SET),

PEGASUS, #BSKSTP

LOCKS FOR

DIVIDERS, PEGASUS,

#DIVLCKS “or Equal”

USE FIRST/BACK UP

LABEL FOR 2 BIN

BASKETS, PEGASUS,

#LBL-FRTBCK “or

SUPPORT FOR

DIVIDERS, PEGASUS,

#THLDR “or Equal”

VINYL LABEL POUCH

1-1/8 X 3-1/8, PEGASUS, #LBLHDL-

1X3 “or Equal”

BASKET LABEL CARD

(2" X 3.5") IO/SHEET

(PERF) - WHITE,

PEGASUS,

#LBLCRD2X3-W “or

2-BIN SETUP &

BASKET

PLANNING, PEGASUS,

#ASSEM-2B “or Equal”

CARRIAGE SYSTEM

PER

INCLUDED DRAWING

WITH

INSTALLATION,

PEGASUS, #CARR-SYS

VINYL LABEL

HOLDER (CREDIT

CARD SIZE),

PEGASUS, #LBLHLD-

CC “or Equal”

Grand Total ____________

B.5 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY

DELIVERY

DATE

0001 –

SHIP TO:

MARK

FOR:

Orlando VA Healthcare

System

Building 5, Warehouse

Hector F. De Jesus

407-631-5217

Hector.Dejesus1@va.gov

See Paragraph B.4

Price/Cost Schedule

60 Days ARO

SECTION C - CONTRACT CLAUSES

C.1 ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—

COMMERCIAL ITEMS

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

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

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

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

(End of Clause)

FAR

Number

Title Date

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

JUL 2016

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS

AND CERTIFICATIONS

DEC 2014

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS

JAN 2017

52.232-1 PAYMENTS APR 1984

52.232-8 DISCOUNTS FOR PROMPT PAYMENT FEB 2002

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

DEC 2013

52.237-2

52.247-34

PROTECTION OF GOVERNMENT BUILDINGS,

EQUIPMENT, AND VEGETATION

F.O.B. DESTINATION

APR 1984

NOV 1991

852.203-70 COMMERCIAL ADVERTISING MAY 2018

852.211-73 BRAND NAME OR EQUAL JAN 2008

852.246-71 INSPECTION JAN 2008

C.3 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 15 days of the expiration of this contract.

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. This includes options under FAR 52.217-8, Option to Extend https://www.acquisition.gov/?q=/browse/far/17 https://www.acquisition.gov/?q=/browse/far/17

Services, which applies to this solicitation. Evaluation of options under FAR 52.217-8 will be accomplished by using the prices offered for the last option period to determine the price for a 6-month option period, which will be added to the base and other option years to arrive at the total price. Evaluation of options will not obligate the Government to exercise the option(s).”

“NOTE: The specified rates under this clause will be those rates in effect under the contract each time an option is exercised under this clause.”

(End of Clause)

C.4 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED

VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)

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

(1) Means a small business concern:

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

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

(iii) The business meets Federal small business size standards for the applicable North American

Industry Classification System (NAICS) code identified in the solicitation document;

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

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

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

(b) General.

(1) Offers are solicited only from verified service-disabled veteran-owned small business concerns.

Offers received from concerns that are not verified service-disabled veteran-owned small business concerns shall not be considered.

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

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

§125.6.

https://www.vip.vetbiz.gov/

(d) A joint venture may be considered a service-disabled veteran owned small business concern if the joint venture complies with the requirements in 13 CFR 125.15, provided that any reference therein to SDVO

SBC is to be construed to apply to a VA verified SDVOSB as appropriate.

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

(End of Clause)

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

(NOV 2012)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001.

(2) Designated agency office has the meaning given in 5 CFR 1315.2(m).

(3) Electronic form means an automated system transmitting information electronically according to the

Accepted electronic data transmission methods and formats identified in paragraph (c) of this clause.

Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests.

(4) Invoice payment has the meaning given in FAR 32.001.

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System. (See Web site at http://www.fsc.va.gov/einvoice.asp.)

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the

Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).

The X12 EDI Web site (http://www.x12.org) includes additional information on EDI 810 and 811 formats.

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances below, the contracting officer directs that payment requests be made by mail, the contractor shall submit payment requests by mail through the United States

Postal Service to the designated agency office. Submission of payment requests by mail may be required for:

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA

Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause)

C.6 VAAR 852.246-70 GUARANTEE (JAN 2008)

The contractor guarantees the equipment against defective material, workmanship and performance for a period of Manufacturer Warranty, said guarantee to run from date of acceptance of the equipment by the

Government. The contractor agrees to furnish, without cost to the Government, replacement of all parts and material that are found to be defective during the guarantee period. Replacement of material and parts will be furnished to the Government at the point of installation, if installation is within the continental United

States, or f.o.b. the continental U.S. port to be designated by the contracting officer if installation is outside of the continental United States. Cost of installation of replacement material and parts shall be borne by the contractor.

(End of Clause)

(End of Addendum to 52.212-4)

C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS

(JAN 2018)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN

2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations

Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(3) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-

78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or

Executive orders applicable to acquisitions of commercial items:

[] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I

(Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

[] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of

2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016)

(Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved]

[] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT

2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note).

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013)

(41 U.S.C. 2313).

[] (10) [Reserved]

[] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

[] (ii) Alternate I (NOV 2011) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT

2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (JAN 2011) of 52.219-4.

[] (13) [Reserved]

[] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

[] (ii) Alternate I (NOV 2011).

[] (iii) Alternate II (NOV 2011).

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

[] (ii) Alternate I (Oct 1995) of 52.219-7.

[] (iii) Alternate II (Mar 2004) of 52.219-7.

[] (16) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2017) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (NOV 2016) of 52.219-9.

[] (v) Alternate IV (NOV 2016) of 52.219-9.

[] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[] (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[X] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011)

(15 U.S.C. 657f).

[X] (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C

632(a)(2)).

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged

Women-Owned Small Business Concerns (DEC 2015) (15 U.S.C. 637(m)).

[] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business

Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) (15 U.S.C. 637(m)).

[X] (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[X] (26) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2018) (E.O.

13126).

[X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (28) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (29) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

[X] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

[] (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

[] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010)

(E.O. 13496).

[X] (33)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O.

13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[] (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[] (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items

(May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners (JUN 2016) (E.O. 13693).

[] (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (OCT 2015) of 52.223-13.

[] (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and

13514).

[] (ii) Alternate I (JUN 2014) of 52.223-14.

[] (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b).

[] (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015)

(E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

[] (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (44) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[] (45) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[] (ii) Alternate I (JAN 2017) of 52.224-3.

[] (46) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).

[X] (47)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (41

U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate I (MAY 2014) of 52.225-3.

[] (iii) Alternate II (MAY 2014) of 52.225-3.

[] (iv) Alternate III (MAY 2014) of 52.225-3.

[] (48) 52.225–5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (50) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT

2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.

2302 Note).

[] (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42

U.S.C. 5150).

[] (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (54) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

[X] (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013)

(31 U.S.C. 3332).

[] (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management

(Jul 2013) (31 U.S.C. 3332).

[] (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

[] (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

[] (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46

U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

[] (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[] (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).

[X] (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

[X] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41

U.S.C. chapter 67).

Employee Class Monetary Wage-Fringe Benefits

[] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment

(Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[X] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment

(MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[] (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter

67).

[] (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for

Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[X] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

[X] (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

[] (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C.

1792).

[] (11) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller

General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing

Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts

(and as extended in continuing resolutions)).

(iii) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities.

(iv) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(v) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vi) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

(vii) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

(ix) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010)

(E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xi) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

(xii)(A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O.

13627).

(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter

67).

(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for

Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E. O. 12989).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

(xvii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xviii)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xix) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT

2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.

2302 Note).

(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause

52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

C.8 GRAY MARKET LANGUAGE

(a) Gray market items are Original Equipment Manufacturer’s (OEM) goods sold through unauthorized channels in direct competition with authorized distributors. This procurement is for new OEM medical supplies, medical equipment and/or services contracts for maintenance of medical equipment (i.e.

replacement parts) for VA Medical Centers. No remanufactures or gray market items will be acceptable.

(b) Vendor shall be an OEM, authorized dealer, authorized distributor or authorized reseller for the proposed medical supplies, medical equipment and/or services contracts for maintenance of medical equipment (i.e. replacement parts), verified by an authorization letter or other documents from the OEM, such that the OEM’s warranty and service are provided and maintained by the OEM. All software licensing, warranty and service associated with the medical supplies, medical equipment and/or services contracts for maintenance of medical equipment shall be in accordance with the OEM terms and conditions.

(c) The delivery of gray market items to the VA in the fulfillment of an order/award constitutes a breach of contract. Accordingly, the VA reserves the right enforce any of its contractual remedies. This includes termination of the contract or, solely at the VA’s election, allowing the Vendor to replace, at no cost to the

Government, any remanufactured or gray market item(s) delivered to a VA medical facility upon discovery of such items.

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR

ATTACHMENTS

Wage Determination

SECTION E - SOLICITATION PROVISIONS

E.1 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—

COMMERCIAL ITEMS

Provisions that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following provisions are incorporated into 52.212-1 as an addendum to this solicitation:

Submit your company’s quote in writing via email utilizing either PDF or Word format. You may not submit more than one quote. If a concern submits more than one quote all quotes will be rejected and the company will be considered nonresponsive. Quotes received that do not include all information in accordance with this RFQ will be considered unacceptable and the company will be deemed nonresponsive.

Information to be submitted:

Provide the following information on the first page of your quote:

Contractor’s Cover Page

1. Contractor:

2. Address:

(address line 1)

(address line 2)

(City, State Zip Code)

3. Point of Contact:

4. Phone Number:

5. Email Address:

6. DUNS:

Second page, provide the following information:

1. All quotes shall include a statement regarding the terms and conditions herein as follows:

a. “The terms and conditions contained in the RFQ are acceptable to be included in the award document without modification, deletion or addition.”

Or

b. “The terms and conditions in the RFQ are acceptable to be included in the award document with the exception, deletion, or addition of the following:”

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

AMENDMENT NO DATE

The above amendment section must be filled out if an Amendment(s) is sent to the offeror or posted on www.FBO.gov and must be returned with the RFQ package. Failure to acknowledge amendment(s) may constitute rejection of the offer.

The Government intends to award a contract as a result of this RFQ to…

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