36C24822Q1635_1.docx

Attachment #4 – Justification (J & A) 36C24822Q1635

GENERAL INFORMATION

Network Contracting Office 8 (NCO 8) Room 315, Bldg. 2 10,000 Bay Pines Blvd Bay Pines FL 33744

POINT OF CONTACT*

Contract Specialist Janice Fornaro janice.fornaro@va.gov

PLACE OF PERFORMANCE

10,000 Bay Pines Boulevard

Bay Pines FL

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

DESCRIPTION

Combined Synopsis/Solicitation Notice

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The Department of Veterans Affairs, C.W. Bill Young VA Healthcare System, Contracting Office, Bay Pines, FL. 33744 has a need for Brand Name Only for Natus Neuroworks EEG/Natus ErgoJust EEG Cart provided in RFQ# 36C24822Q1635 and Salient Characteristics.

This combined synopsis solicitation RFQ, and the provisions and clauses incorporated are those in effect through Federal Acquisition Circular 2022-07 (08-10-2022).

The combined synopsis solicitation is: 100% Set-Aside for Service-Disabled Veteran Owned Small Business (SDVOSB). The NAICS Code is 339113; the size standard is 750 Employees. Note, interested SDVOSB Offerors must be listed and registered in Vetbiz.gov to be considered for Award. Additionally, Offerors must provide an Authorized Distributor Letter with their quote if they are not the manufacturer.

Responses shall be on an all or none bases, no partial submissions will be accepted. The Government reserves the right to make no award at all. Quote must be valid for 60 days.

Quotes are due no later than August 18, 2022 at 3 PM Eastern Standard Time (EST) via e-mail to: janice.fornaro@va.gov. The “Subject Line” of the response e-mail shall include “RFQ 36C24822Q1635 – Natus EEG”. Offers received after the exact time specified in the solicitation are considered late and may at the discretion of the Contracting Officer be considered if the action would not unduly delay the acquisition or are deemed to be in the best interest of the Government.

ALL OFFERORS MUST SUBMIT THE ITEMS ON THE SCHEDULE PROVIDED IN THE RFQ.

The VAAR 852.219-78 (Limitations on Subcontracting) must be completed and provided with the quote.

See attached document: ATCH 1 SCHEDULE/SALIENTS See attached document: ATCH 2 - CLAUSES AND PROVISIONS & SECURITY LANGUAGE See attached document: ATCH 3 - LIMITATIONS ON SUBCONTRACTING (must be completed by contractor at time of submission of quote) See attached document: ATCH 4 – JUSTIFICATION (J & A)

Description RFQ 36C24822Q1635

Page 1 of ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

SALIENT CHARACTERISTICS

Brand Name Only Item:

Natus Neuroworks EEG/Natus ErgoJust EEG Cart

1) Essential/significant physical, functional, or performance characteristics.

a) Compatibility – Yes. The system must be integrated with the Clinical Procedures Package through an HL7 Interface.

b) Dimensions – Nicolet EDX System with Cart Dimensions: 32” (38” to handle) H x 21” W x 32” D (81/ 96.5 x 53 x 81 cm).

c) Weight – 200 lbs.

d) Industry Standard – Nicolet EDX with Natus Elite Software meets standards defined by the American Association of Neuromuscular & Electrodiagnostic Medicine: Electrodiagnostic Study Instrument Design Requirements: https://www.aanem.org/Advocacy/Position-Statements/Electrodiagnostic-Study-Instrument-Design-Requirem

e) Purpose – The EMG/NCS system is intended for the acquisition, display, analysis, reporting and management of electrophysiological information from the human nervous and muscular system during routine clinical electromyography (EMG) and nerve conduction studies (NCS). It allows the Neurologist to quickly perform procedures to diagnose patients in the acute care and outpatient setting The Natus Neuroworks video EEG system uses state of the art technology with over 60 years of proven clinical knowledge and innovation to set new standards for EEG testing. Users can benefit from a familiar clinical workflow and user interface together with full patient and protocol compatibility with existing Natus products.

f) Governing Body or Organization – Meets the following safety standards set by domestic and international regulatory agencies for Medical Electrical Equipment.

-UL 60601-1

CSA 22.2 No. 601.1-M90

IEC/EN 60601-1

Complete generic identification – The EMG/NCS system consists of a base unit, an amplifier, a control panel, an electrical stimulator probe, a computer, a cart, and software. The base unit contains an integrated speaker, an electrical stimulator, and connectors for all devices. Amplifier includes: 2 channel with two (2) non-switched amplifier channels. In addition to delivering the stimuli, the probe allows direct control of stimulus parameters as well as the examination workflow. Power Source: The cart comes mounted with a 115 V isolation power supply with the following power ratings: 100 – 120 V, 60 Hz, 595 VA primary; 500 VA secondary.

The system features several advanced, innovative clinical elements: EEG, LTM, routine and long-term studies with video. With Technology-driven flexibility: rapid response clinical workflows, customizable reports, extensive database accessibility, HL7 gateway and advanced connectivity.

2) Applicable model/make/catalog number – Nicolet EDX System/Natus/982A0597

3) Manufacturer name –Natus Medical Incorporated

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

System 1: MOD EDX - US Configuration Contract Period: Base POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): US-CONFIG

System 1: MOD EDX - EDX US / Canada + Base Unit

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 982A0597

LOCAL STOCK NUMBER: 842-689700

System 1: MOD EDX - EDX Windows 10 Desktop PC

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 842-689700

LOCAL STOCK NUMBER: 021223

System 1: MOD EDX - MS Office Pro Plus 2016

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 21223

LOCAL STOCK NUMBER: 842-678300

System 1: MOD EDX - North AMERICAN POWER CORD

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 842-678300

LOCAL STOCK NUMBER: 033416

System 1: MOD EDX - Natus Elite Software - Viking

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 33416

LOCAL STOCK NUMBER: 842-689400

System 1: MOD EDX - Viking EDX Control Panel

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 842-689400

LOCAL STOCK NUMBER: 515-016000

System 1: MOD EDX - EDX 2 channel Amplifier

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 515-016000

LOCAL STOCK NUMBER: 515-018800

System 1: MOD EDX - WR50 Comfort Plus Probe Kit

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 515-018800

LOCAL STOCK NUMBER: 828-060900

System 1: MOD EDX - NCS

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 828-060900

LOCAL STOCK NUMBER: 828-060800

System 1: MOD EDX - EMG

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 828-060800

LOCAL STOCK NUMBER: 828-060700

System 1: MOD EDX - Reference Help

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 828-060700

LOCAL STOCK NUMBER: 018856

System 1: HL7 EMG Workstation Upgrade

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 18856

LOCAL STOCK NUMBER: 018857

System 1: HL7 EMG Gateway Upgrade

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 18857

LOCAL STOCK NUMBER: 018858

System 1: HL7 EMG Implementation Labor - Basic

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 18858

LOCAL STOCK NUMBER: 027080

System 1: EMG Server Software

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 27080

LOCAL STOCK NUMBER: 842-690100

System 1: UB4 Cart

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 842-690100

LOCAL STOCK NUMBER: 842-691200

System 1: UB4 Cart Monitor Arm Option

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 842-691200

LOCAL STOCK NUMBER: 515-018500

System 1: EDX Amplifier Holder & Arm

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 515-018500

LOCAL STOCK NUMBER: 842-670400

System 1: Nicolet 115V Isobox

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 842-670400

LOCAL STOCK NUMBER: 842-664600

System 1: 21.5 Inch LCD Monitor

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 842-664600

LOCAL STOCK NUMBER: 222-448101

System 1: No Printer

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): NO-PRINTER

LOCAL STOCK NUMBER: 842-692000

System 1: Single Footswitch (Nicolet EMG)

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 222-448101

LOCAL STOCK NUMBER: 842-202700

System 2: US Configuration

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

LOCAL STOCK NUMBER: 842-648300

System 2: EDX US / Canada + Base Unit

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

LOCAL STOCK NUMBER: 828-061200

System 2: EDX Windows 10 Desktop PC

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

LOCAL STOCK NUMBER: 828-061600

System 2: MS Office Pro Plus 2016

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

LOCAL STOCK NUMBER: 033417

System 2: North AMERICAN POWER CORD

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

LOCAL STOCK NUMBER: 019927

System 2: Natus Elite Software - Viking

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

MANUFACTURER PART NUMBER (MPN): 33416

System 2: Viking EDX Control Panel

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

System 2: EDX 5 channel Amplifier

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

MANUFACTURER PART NUMBER (MPN): 842-692000

System 2: WR50 Comfort Plus Probe Kit

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

System 2: Nicolet Unshielded 300 ohm Headphone (TDH39)

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

MANUFACTURER PART NUMBER (MPN): 842-202700

System 2: 2015 Visual Stimulator with LCD Monitor

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

MANUFACTURER PART NUMBER (MPN): 842-648300

System 2: NCS

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

System 2: EMG

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

System 2: Reference Help

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

System 2: Single Fiber EMG (SFEMG) / Macro EMG

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

MANUFACTURER PART NUMBER (MPN): 828-061200

System 2: EP (3 Modality)

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

MANUFACTURER PART NUMBER (MPN): 828-061600

System 2: HL7 EMG Workstation Upgrade

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

System 2: HL7 EMG Gateway Upgrade

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

System 2: HL7 EMG Implementation Labor - Basic

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

System 2: EMG Server Software

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

System 2: UB4 Cart

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

System 2: UB4 Cart Monitor Arm Option

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

System 2: EDX Amplifier Holder & Arm

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

System 2: Nicolet 115V Isobox

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

System 2: 21.5 Inch LCD Monitor

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

System 2: No Printer

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

System 2: Single Footswitch (Nicolet EMG)

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

System 3: US Configuration

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

System 3: EDX US / Canada + Base Unit

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

System 3: EDX Windows 10 Desktop PC

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

System 3: MS Office Pro Plus 2016

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

System 3: North AMERICAN POWER CORD

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

System 3: Natus Elite Software - Synergy & Viking Combo Contract Period: Base POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

MANUFACTURER PART NUMBER (MPN): 33417

System 3: Viking EDX Control Panel

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

System 3: EDX 2 channel Amplifier

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

MANUFACTURER PART NUMBER (MPN): 515-016000

System 3: WR50 Comfort Plus Probe Kit

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

System 3: NCS

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

System 3: EMG

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

System 3: Reference Help

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

System 3: Single Fiber EMG (SFEMG) / Macro EMG

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

MANUFACTURER PART NUMBER (MPN): 828-061200

System 3: HL7 EMG Workstation Upgrade

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

System 3: HL7 EMG Gateway Upgrade

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

System 3: HL7 EMG Implementation Labor - Basic

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

System 3: EMG Server Software

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

System 3: UB4 Cart

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

System 3: UB4 Cart Monitor Arm Option

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

System 3: EDX Amplifier Holder & Arm

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

System 3: Nicolet 115V Isobox

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

System 3: 21.5 Inch LCD Monitor

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

System 3: No Printer

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

System 3: Single Footswitch (Nicolet EMG)

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

System 4: Installation Included

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): SVC800INSTALL_

INC

System 4: Training Included

POP Begin: 08-29-2022 POP End: 11-28-2022 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): SVC800TRAIN_

INC

System 4: Customer location additional Training 1- day - EMG

POP Begin: 08-29-2022 POP End: 11-28-2022

MANUFACTURER PART NUMBER (MPN): 19927

B.2 DELIVERY SCHEDULE

10,000 Bay Pines Boulevard Building #110 Bay Pines, FL 33744 5005

USA

727-398-6661

Attachment #1 – Schedule & Salient Characteristics 36C24822Q1635

Page 1 of Page 1 of

CLAUSES

Provision 52.212-1, Instructions to Offerors – Commercial (Oct 2018), applies to this acquisition.

Addendum to FAR 52.212-1 Instructions to Offerors – Commercial Items: All provisions and clauses applicable to this solicitation can be viewed in full text using the following web addresses:

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

52.212-3 Offeror Representation and Certification – Commercial Items (NOV 2021) with their offer. Provision at 52.212-3 Offeror Representation and Certification can be accessed electronically at the following web address: http://www.acquisition.gov/far/index.html

Clause 52.212-4, Contract Terms and Conditions - Commercial Items (NOV 2021), applies to this acquisition.

Clause 52.212-5 Contract Terms and Conditions Required to Implement Statues or Executive Orders—Commercial Items (JAN 2022) applies to this acquisition.

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

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 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 (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (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 (JUN 2020) (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. (NOV 2021) (31 U.S.C. 6101 note).

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

[] (10) [Reserved]

[] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (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 (SEP 2021) (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 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020).

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

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

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

[X] (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3).

[] (17)(i) 52.219-9, Small Business Subcontracting Plan (NOV 2021) (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 (JUN 2020) of 52.219-9.

[X] (18) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[X] (19) 52.219-14, Limitations on Subcontracting (SEP 2021) (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 (SEP 2021) (15 U.S.C. 657f).

[] (22) 52.219-28, Post Award Small Business Program Representation (SEP 2021) (15 U.S.C 632(a)(2)).

[] (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (SEP 2021) (15 U.S.C. 637(m)).

[] (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (SEP 2021) (15 U.S.C. 637(m)).

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

[X] (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2022) (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 (JUN 2020) (38 U.S.C. 4212).

[X] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

[] (31) 52.222-37, Employment Reports on Veterans (JUN 2020) (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 (NOV 2021) (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 (NOV 2021). (Executive Order 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)(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.

[] (37)(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.

[] (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020)(42 U.S.C.

8259b).

[] (39)(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] (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020)

[X] (41) 52.225-1, Buy American—Supplies (NOV 2021) (41 U.S.C. chapter 83).

[] (42)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (NOV 2021) (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 (JAN 2021) of 52.225-3.

[] (iii) Alternate II (JAN 2021) of 52.225-3.

[] (iv) Alternate III (JAN 2021) of 52.225-3.

[] (43) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). [X] (44) 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).

[] (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (FEB 2021) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[] (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[] (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (NOV 2021) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

[] (49) 52.232-30, Installment Payments for Commercial Items (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (50) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

[] (51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[] (52) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

[] (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (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:

[] (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

[] (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).

[] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (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 (JAN 2022) (Executive Order 13658).

[] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(End of Clause)

VHA Supplemental Contract Requirements for Combatting COVID-19

1. Contractor employees who work in or travel to VHA locations must comply with the following:

1. Documentation requirements:

0. If fully vaccinated, contractors shall show proof of vaccination.

0. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

0. If unvaccinated, contractors shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test that includes an affiliated telehealth service.

0. Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

0. Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

1. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates.

1. Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

1. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

1. For indefinite delivery contracts: Contractor agrees to comply with VHA Supplemental Contract Requirements for any task or delivery orders issued prior to this modification when performance has already commenced.

Statement regarding any Additional Provisions and Clauses, or other terms and conditions important to the requirement/procurement process consistent with commercial practices:

Provisions in full text:

52.225-18 Place of Manufacture (AUG 2018).

(a) Definitions. As used in this clause— “Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) FPSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and (10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

(b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly— (1) [] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) [] Outside the United States.

(End of provision)

52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998).

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision 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 provision)

852.252-70 Solicitation provisions or clauses incorporated by reference (JAN 2008). The following provisions or clauses incorporated by reference in this solicitation must be completed by the offeror or prospective contractor and submitted with the quotation or offer. Copies of these provisions or clauses are available on the Internet at the web sites provided in the provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference, or the clause at FAR 52.252-2, Clauses Incorporated by Reference. Copies may also be obtained from the contracting officer.

(End of provision)

Provisions incorporated by reference are:

· 52.203-11 Certification and Disclosure regarding payments to Influence Certain Federal Transactions (SEP 2007);

· 52.204-7 System for Award Management (OCT 2018)

· 52.204-17 Ownership or Control of Offeror (AUG 2020)

· 52.211-6 Brand Name or Equal (AUG 1999)

· 52.212-1 Instructions to Offerors – Commercial Items (NOV 2021);

Clauses in Full Text:

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):

52.216-21 Requirements (OCT 1995)

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

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

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

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

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

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

provided, that the Contractor shall not be required to make any deliveries under this contract after.

(End of Clause)

Clauses Incorporated by Reference:

· 52.204-13 System for Award Management Maintenance (OCT 2018)

· 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)

· 52.222-20 Contracts for materials, supplies, articles, and equipment exceeding $15,000.00 (JUN 2020);

· 52.232-1 Payments (APR 1984);

· 52.232-8 Discounts for prompt payment (FEB 2002);

· 52.243-1 Changes –Fixed Price (AUG 1987);

· 852.203-70 Commercial Advertising (MAY 2020);

· 852.246-71 Inspection (OCT 2018)

Provision 52.212-2, Evaluation – Commercial Items (NOV 2021), applies to this acquisition.

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors will be used to evaluate offers: Price and technical acceptability as applicable will be determined in accordance with the statement of work provided (Please see item description). The Government has determined in advance that the Best Value will be the offer with the lowest the lowest pricing.

(b) Additional Instructions to offerors concerning Grey Market items- The VHA (Veterans Health Administration) will not accept “Grey Market Goods”.

Grey market goods are defined as: Gray Market Goods also known as parallel market, is the trade of a commodity through distribution channels which, while legal, are unofficial, unauthorized, or unintended by the original manufacturer.

Products that are purchased outside of our authorized distributor network on the gray market generate a number of concerns such as: counterfeit or adulterated devices, inadequate storage conditions, tracking issues in case of a recall, loss of warrantee, and most importantly patient safety. In some instances, unauthorized distributors procure products from an authorized distributor for resale.

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE AND RECORDS MANAGEMENT LANGUAGE:

VA INFORMATION CUSTODIAL LANGUAGE:

a. 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.

b. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

c. 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.

d. All contractors, subcontractors, and third-party servicers and associates working with VA information are 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.

SECURITY INCIDENT INVESTIGATION:

a. The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.

b. To the extent known by the contractor/subcontractor, the contractor/subcontractor’s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed…