36C24825Q0021 12_26_2024.pdf

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FY25: Custom Surgical Packs for Orlando VAMC
Solicitation number
36C24825Q0021
Issued by

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This is a Request for Quotation (RFQ) solicitation document for custom surgical packs for the Orlando VA Medical Center in Orlando, FL. The solicitation (36C24825Q0021) is a 100% Service-Disabled Veteran-Owned Small Business (SDVOSB) set-aside under NAICS code 339112 with a size standard of 1000 employees.

The contract is for multiple types of custom surgical packs including total joint, arthroscopy, major, basic, upper extremity, head & neck, vascular, plastic eye, laparoscopy, cystoscopy, lower extremity, shoulder, angio, cath angio, pacemaker, spine, major gyn, and right heart surgical packs. The period of performance includes a 12-month base period (03/12/2025 - 03/11/2026) plus four 12-month option years. This is a firm-fixed price requirements contract with estimated quantities. Questions are due by January 22, 2025 at 12:00 PM EST, and quotes are due by February 5, 2025 at 3:00 PM EST. Delivery is required within 5 days of request, with same-day delivery capability for emergencies. The contractor must provide assembly, manufacturing, sterilization, quality assurance, packaging, electronic order reporting and delivery services. All packs must be new Original Equipment Manufacturer (OEM) items only - no used, refurbished, remanufactured or gray market items are permitted.

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36C24825Q0021 0004.pdf PDF
Custom Surgical Pack Salient Characteristics for Orlando_.xlsx XLSX spreadsheet

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PAGE 1 OF 1. REQUISITION NO.

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

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C24825Q0021 12-26-2024

Chelsea Adams 407-646-4011 02-05-2025

15:00 EST

36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) Orlando VA Healthcare System 13800 Veterans Way Orlando FL 32827

X 100

X

339112

1000 Employees

N/A

X

36C675

Department of Veterans Affairs Orlando VA Healthcare System 13800 Veterans Way

Orlando FL 32827

36C248

Department of Veterans Affairs Network Contracting Office 8 (NCO 8) Orlando VA Healthcare System 13800 Veterans Way Orlando FL 32827

Department of Veterans Affairs Financial Services Center

P.O. Box 149971 Austin TX 78714-9971

(877) 353-9791 (512) 460-5429

See CONTINUATION Page

Solicitation for custom surgical packs for the Orlando VA Medical Center - Orlando, FL.

Reference Attachment A for Salient Characteristics.

Schedule will show cost per pack with estimated quantities.

Questions are due NLT 01/22/2025 at 12:00 PM EST.

See CONTINUATION Page

X X

X 1

36C24825Q0021

Table of Contents

SECTION A

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

COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

B.3 DELIVERY SCHEDULE

B.4 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2024)

C.3 52.216-18 ORDERING (AUG 2020)

C.4 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.5 52.216-21 REQUIREMENTS (OCT 1995)

C.6 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

C.7 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.8 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.9 52.225-1 BUY AMERICAN—SUPPLIES (OCT 2022)

C.10 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.11 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023)

C.12 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-

DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

C.13 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (JAN 2023)

(DEVIATION)

C.14 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.15 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

C.16 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

C.17 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

C.18 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

E.2 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(NOV 2021)

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.4 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—

REPRESENTATION AND DISCLOSURES (DEC 2023)

E.5 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.6 52.216-1 TYPE OF CONTRACT (APR 1984)

E.7 52.225-2 BUY AMERICAN CERTIFICATE (OCT 2022)

E.8 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.9 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

E.10 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.11 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: 36C248 Contracting Officer: Susan M. Rodriguez-Perez, susan.rodriguez-perez@va.gov

Contract Specialist: Benjamin Amato, benjamin.amato@va.gov Contract Specialist: Chelsea Adams, chelsea.adams@va.gov

Department of Veterans Affairs Network Contracting Office 8 (NCO 8) Orlando VA Healthcare System 13800 Veterans Way 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] Monthly in arrears

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

http://www.tungsten-network.com/US/en/veterans-affairs

5. FSC MANDATORY ELECTRONIC INVOICE SUBMISSION INSTRUCTIONS: Contractors are required to submit payment requests in electronic form in accordance with the submission instructions below.

TUNGSTEN ELECTRONIC INVOICE SUBMISSION

FSC e-INVOICE PROGRAM THRU AUSTIN PORTAL

FSC MANDATORY ELECTRONIC INVOICE SUBMISSION FOR AUSTIN PAYMENTS

i. Vendor Electronic Invoice Submission Methods:

Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods below.

a. VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

b. A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI). The X12 EDI Web site (http://www.x12.org)

i. Vendor e-invoice Set-Up Information:

Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have question about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below.

a. Tungsten e-Invoice Setup Information: 1-877-489-6135

b. Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com

c. FSC e-Invoice Contact Information: 1-877-353-9791

d. FSC e-invoice email: vafsccshd@va.gov

6. CONTRACT MODIFICATIONS: The Contractor is advised that only the Contracting Officer, acting within the scope of the contract and his/her duties and responsibilities and after advice and consultation with the point of contact has the authority to make changes that will affect contract prices, quantity, quality, delivery terms and conditions, or the term of the contract. In no event shall any understanding or agreement, modification, change order, or other matters in deviation from the terms of this contract between Contractor and a person other than the Contracting Officer be effective or binding upon the Government. All such actions must be formalized by the proper contractual document executed by the Contracting Office.

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

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

7. ESTIMATED QUANTITIES: All quantities listed in the Price Schedule are estimates only and are not to be considered a minimum or maximum. A delivery order shall be issued at the start of each performance period. The Government does not guarantee or imply that any fixed number of orders/referrals for services will be placed under the resultant contract.

ORDERING PROCEDURES: The VA Contracting Officer may place Delivery Orders utilizing any of the procedures to the Ordering Clause.

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES

ESTIMATED

QUANTITY UNIT UNIT PRICE

ESTIMATED

AMOUNT

160.00 EA __________________ __________________

Total Joint Custom Surgical Pack

Contract Period: Base POP Begin: 03-12-2025 POP End: 03-11-2026 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

8.00 EA __________________ __________________

Athroscopy Custom Surgical Pack

Contract Period: Base POP Begin: 03-12-2025 POP End: 03-11-2026 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

349.00 EA __________________ __________________

Major Custom Surgical Pack

Contract Period: Base POP Begin: 03-12-2025 POP End: 03-11-2026 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

320.00 EA __________________ __________________

Basic Custom Surgical Pack

Contract Period: Base POP Begin: 03-12-2025 POP End: 03-11-2026 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

52.00 EA __________________ __________________

Upper Extremity Pack

Contract Period: Base POP Begin: 03-12-2025 POP End: 03-11-2026 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

44.00 EA __________________ __________________

Head & Neck Custom Surgical Pack

Contract Period: Base POP Begin: 03-12-2025 POP End: 03-11-2026 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

40.00 EA __________________ __________________

Vascular Custom Surgical Pack

Contract Period: Base POP Begin: 03-12-2025 POP End: 03-11-2026 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

21.00 EA __________________ __________________

Plastic Eye Custom Surgical Pack

Contract Period: Base POP Begin: 03-12-2025 POP End: 03-11-2026 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

9.00 EA __________________ __________________

Laparoscopy Custom Surgical Pack

Contract Period: Base POP Begin: 03-12-2025 POP End: 03-11-2026 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

11.00 EA __________________ __________________

Cystoscopy Custom Surgical Pack

Contract Period: Base

POP Begin: 03-12-2025 POP End: 03-11-2026 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

60.00 EA __________________ __________________

Lower Extremity Custom Surgical Pack

Contract Period: Base POP Begin: 03-12-2025 POP End: 03-11-2026 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Shoulder Custom Surgical Pack

Contract Period: Base POP Begin: 03-12-2025 POP End: 03-11-2026 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

276.00 EA __________________ __________________

Angio Custom Surgical Pack

Contract Period: Base POP Begin: 03-12-2025 POP End: 03-11-2026 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

56.00 EA __________________ __________________

Cath Angio Custom Surgical Pack

Contract Period: Base POP Begin: 03-12-2025 POP End: 03-11-2026 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

6.00 EA __________________ __________________

Pacemaker Custom Surgical Pack

Contract Period: Base POP Begin: 03-12-2025 POP End: 03-11-2026 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument

Manufacturing

2.00 EA __________________ __________________

Spine Custom Surgical Pack

Contract Period: Base POP Begin: 03-12-2025 POP End: 03-11-2026 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Major Gyn Custom Surgical Pack

Contract Period: Base POP Begin: 03-12-2025 POP End: 03-11-2026 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Right Heart Custom Surgical Pack

Contract Period: Base POP Begin: 03-12-2025 POP End: 03-11-2026 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 1 POP Begin: 03-12-2026 POP End: 03-11-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 1 POP Begin: 03-12-2026 POP End: 03-11-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 1 POP Begin: 03-12-2026 POP End: 03-11-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 1 POP Begin: 03-12-2026 POP End: 03-11-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 1 POP Begin: 03-12-2026 POP End: 03-11-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 1 POP Begin: 03-12-2026 POP End: 03-11-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 1 POP Begin: 03-12-2026 POP End: 03-11-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Plastic Eye Custom Surgical Pack Contract Period: Option 1 POP Begin: 03-12-2026 POP End: 03-11-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 1 POP Begin: 03-12-2026 POP End: 03-11-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 1 POP Begin: 03-12-2026 POP End: 03-11-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 1 POP Begin: 03-12-2026 POP End: 03-11-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 1 POP Begin: 03-12-2026 POP End: 03-11-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 1 POP Begin: 03-12-2026

POP End: 03-11-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 1 POP Begin: 03-12-2026 POP End: 03-11-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 1 POP Begin: 03-12-2026 POP End: 03-11-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 1 POP Begin: 03-12-2026 POP End: 03-11-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 1 POP Begin: 03-12-2026 POP End: 03-11-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 1 POP Begin: 03-12-2026 POP End: 03-11-2027

Contract Period: Option 2 POP Begin: 03-12-2027 POP End: 03-11-2028 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 2 POP Begin: 03-12-2027 POP End: 03-11-2028 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 2 POP Begin: 03-12-2027 POP End: 03-11-2028 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 2 POP Begin: 03-12-2027 POP End: 03-11-2028 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 2 POP Begin: 03-12-2027 POP End: 03-11-2028 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 2 POP Begin: 03-12-2027 POP End: 03-11-2028 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 2 POP Begin: 03-12-2027 POP End: 03-11-2028 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 2 POP Begin: 03-12-2027 POP End: 03-11-2028 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 2 POP Begin: 03-12-2027 POP End: 03-11-2028 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 2 POP Begin: 03-12-2027 POP End: 03-11-2028 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 2

POP Begin: 03-12-2027 POP End: 03-11-2028 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 2 POP Begin: 03-12-2027 POP End: 03-11-2028 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 2 POP Begin: 03-12-2027 POP End: 03-11-2028 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 2 POP Begin: 03-12-2027 POP End: 03-11-2028 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 2 POP Begin: 03-12-2027 POP End: 03-11-2028 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 2 POP Begin: 03-12-2027 POP End: 03-11-2028

Manufacturing

Contract Period: Option 2 POP Begin: 03-12-2027 POP End: 03-11-2028 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 2 POP Begin: 03-12-2027 POP End: 03-11-2028 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 3 POP Begin: 03-12-2028 POP End: 03-11-2029 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 3 POP Begin: 03-12-2028 POP End: 03-11-2029 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 3 POP Begin: 03-12-2028 POP End: 03-11-2029 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument

Contract Period: Option 3 POP Begin: 03-12-2028 POP End: 03-11-2029 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 3 POP Begin: 03-12-2028 POP End: 03-11-2029 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 3 POP Begin: 03-12-2028 POP End: 03-11-2029 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 3 POP Begin: 03-12-2028 POP End: 03-11-2029 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 3 POP Begin: 03-12-2028 POP End: 03-11-2029 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Laparoscopy Custom Surgical Pack Contract Period: Option 3 POP Begin: 03-12-2028 POP End: 03-11-2029 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 3 POP Begin: 03-12-2028 POP End: 03-11-2029 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 3 POP Begin: 03-12-2028 POP End: 03-11-2029 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 3 POP Begin: 03-12-2028 POP End: 03-11-2029 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 3 POP Begin: 03-12-2028 POP End: 03-11-2029 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 3 POP Begin: 03-12-2028

POP End: 03-11-2029 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 3 POP Begin: 03-12-2028 POP End: 03-11-2029 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 3 POP Begin: 03-12-2028 POP End: 03-11-2029 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 3 POP Begin: 03-12-2028 POP End: 03-11-2029 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 3 POP Begin: 03-12-2028 POP End: 03-11-2029 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 4 POP Begin: 03-12-2029 POP End: 03-11-2030

Contract Period: Option 4 POP Begin: 03-12-2029 POP End: 03-11-2030 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 4 POP Begin: 03-12-2029 POP End: 03-11-2030 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 4 POP Begin: 03-12-2029 POP End: 03-11-2030 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 4 POP Begin: 03-12-2029 POP End: 03-11-2030 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 4 POP Begin: 03-12-2029 POP End: 03-11-2030 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 4 POP Begin: 03-12-2029 POP End: 03-11-2030 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 4 POP Begin: 03-12-2029 POP End: 03-11-2030 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 4 POP Begin: 03-12-2029 POP End: 03-11-2030 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 4 POP Begin: 03-12-2029 POP End: 03-11-2030 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 4 POP Begin: 03-12-2029 POP End: 03-11-2030 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 4

POP Begin: 03-12-2029 POP End: 03-11-2030 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 4 POP Begin: 03-12-2029 POP End: 03-11-2030 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 4 POP Begin: 03-12-2029 POP End: 03-11-2030 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 4 POP Begin: 03-12-2029 POP End: 03-11-2030 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 4 POP Begin: 03-12-2029 POP End: 03-11-2030 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Contract Period: Option 4 POP Begin: 03-12-2029 POP End: 03-11-2030

Manufacturing

Contract Period: Option 4 POP Begin: 03-12-2029 POP End: 03-11-2030 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

ESTIMATED

GRAND TOTAL

B.3 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY DELIVERY DATE

0001-

SHIP TO: Department of Veterans Affairs Orlando VA Medical Center 13800 Veterans Way Orlando, FL 32827

USA

As shown in Section B.2

Reference Section B.2 Price/Cost Schedule

FOB: DESTINATION

B.4 STATEMENT OF WORK

Orlando Veterans Administration Medical Center

13800 Veterans Way, Orlando, FL 32827

SCOPE:

The Orlando VA Medical Center (VAMC) has a need for Custom Surgical Packs that will facilitate specialized Veteran care without delay or interruption. These Custom Surgical Packs shall be configured based on the needs of individual surgical procedures in accordance with the Salient Characteristics.

Contractor shall provide assembly, manufacturing, sterilization, quality assurance, packaging, electronic order reporting and delivery. Orders shall be fulfilled as specified in this Statement of Work. The Contractor shall provide copies of standard operating procedures government batch control, product tracing, component manufacturing lot numbering and written policies and procedures on component recalls. All labor, materials, transportation, equipment and supervision shall be in compliance with Federal, State and Local regulations to furnish Custom Surgical Packs for the Orlando VA Medical Center in Orlando, Florida.

I. PERIOD OF PERFORMANCE:

This request is for one (1) twelve-month base plus four (4) twelve-month option year periods with the capability to order as-needed on a Firm Fixed-Price, Requirements contract. Revisions and modifications shall be executed through a contract modification.

II. TRANSITION PLAN

The Government intends to make an award at least 60 calendar days prior to the expiration date of any existing orders/contracts, or options thereof, which the new contract award(s) will replace. Full contract conversion means that all packs requested are available for delivery by the contractor. To ensure full contract conversion time has been allowed for continuity of supplies at required quality levels as well as anticipated inventory levels. Contract(s) shall begin no later than 60 calendar days from the date of award. Orlando VA Medical Center may have current inventory that will have to be exhausted prior to placement of orders, therefore orders for some packs may occur outside of the 60-day timeframe but the contractor shall be prepared upon request of new orders no later than 60 calendar days from award. The Contractor shall provide copies of the standard operating procedures governing batch control, product tracing, component manufacturing lot numbering, and written policies and/or procedures on component recalls within 30 days of contract award.

III. SERVICES TO BE PROVIDED:

Contractor shall deliver Custom Surgical Packs on an as-needed basis. The Custom Surgical Packs shall be delivered, at the latest, five (5) days from the date of request. For emergency requests, the Contractor shall be able to fulfill same-day deliveries. Contractor shall furnish brand name or equal items for every component within each pack. In the event of possible recalls, the Contractor shall notify the CO and Authorized Program Office personnel within 48 hours of notice. The Contractor is also responsible for providing how they are going to address/resolve the issue of the recall.

Contractor shall be capable of providing, at minimum, the following Custom Surgical Packs:

Angio Pack Cath Angio Pack Pacemaker Pack Right Heart Kit

Arthroscopy Pack Basic Pack Cystoscopy Pack Head & Neck Pack Laparoscopy Pack Lower Extremity Pack Major Gyn Pack Major Pack Plastic Eye Pack Shoulder Pack Spine Pack Total Joint Pack

Vascular Pack

Salient Characteristics of the components within each pack are included in Attachment A of this document.

IV. ORDERING PROCEDURES:

a. Delivery Orders will be fully funded within the limitations of fiscal law for Government contracts and the financial regulations of the Veteran’s Health Administration.

b. Requests for delivery shall be conducted via telephone or email correspondence by authorized Supply

Chain Surgery Team members.

c. Requests for delivery shall contain, at minimum, the following information:

- Date of Order

- Name of ordering individual

- Description and/or part number

- Quantity

- Delivery Date

- Place of Delivery

d. The Government shall place delivery orders to the following (offeror to complete) Contact Person: __________________________ Telephone Number: __________________________ Fax Number: __________________________ Department: __________________________ Address: __________________________

e. Upon receiving a delivery request from authorized personnel, the Contractor shall deliver within the timeframe as established in Section II. The Orlando VAMC shall be notified of any backorders within 24 hours with a revised estimated delivery date.

f. All deliveries shall include a packing slip with the following information:

- Date of Order

- Description and/or part number

- Quantity

- Delivery Date

- Place of Delivery; AND

- The order number

- The contract number

V. PRODUCTION AND SUPPLY:

a. The Government requires the Contractor to ensure an uninterrupted supply of all Custom Surgical

Packs based upon anticipated monthly usage. The Contractor shall complete component changes, as needed, within thirty (30) days. The Government shall only be obligated to a thirty (30) day supply of packs manufactured at the time of the awarded modification, not to exceed the current fiscal obligation time period.

b. A contract modification shall be utilized for all pack changes. The change form shall include all the components, quantities and manufacturer detailed for the affected pack, including which items have been added and/or removed.

c. Contract Modifications will not be considered final until approval and signature are received by the Contracting Officer.

VI. DELIVERY REQUIREMENTS

a. SHIP TO: Orlando VA Medical Center | 13800 Veterans Way, Orlando FL 32827

b. All deliveries shall be made FOB Destination.

c. Supplies shall be delivered to the destination warehouse unloading platform, or receiving dock, at the expense of the Contractor.

d. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or “constructive placement” as defined in carrier tariffs) of the supplies to the destination.

e. If motor carrier (including “piggyback”) is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for “heavy or bulky freight.”

f. When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested.

g. If the contractor uses freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.

VII. PACKAGING

a. Unless otherwise specified in the Statement of Work, the product shall be packaged in substantial containers of the type, size and kind commonly used within the industry for this purpose. The container(s) will be constructed as to ensure acceptance and safe delivery by common carriers to the point of delivery. Items must be packaged adequately to prevent deterioration and damage during shipping, handling and storage.

b. Each pack shall have a label specifying the manufactured date, sterilization indicator of the pack and the expiration date of any products. If applicable following any changes, the Bill of Materials (BOM) must be located inside each pack. Expiration dating of all custom sterile procedure packs delivered shall have a minimum shelf life of 12 months remaining upon delivery to the Government.

c. Package content quality is the responsibility of the Contractor, including any items affixed to the outside of the pack (piggyback) and distributed as a part of the pack. Any pack determined to be defective (e.g., contains expired components, sterility has been compromised, etc.), through no fault of the Government, shall be returned to Contractor at Contractor’s expense. Full credit or replacement shall be made to the Government.

VIII. HOURS OF COVERAGES

a. All work shall be scheduled during normal work hours – Monday through Friday from 7:00 AM to 3:00 PM Eastern Standard Time (EST), excluding the following Federal Holidays:

New Year’s Day - January 1 Martin Luther King’s Birthday - 3rd Monday in January Washington’s Birthday - 3rd Monday in February Memorial Day - last Monday in May Juneteenth National Independence Day - June 19 Independence Day - July 4 Labor Day - 1st Monday in September Columbus Day - 2nd Monday in October Veterans’ Day - November 11 Thanksgiving Day - 4th Thursday in November Christmas Day - December 25

b. Weekend (Saturday or Sunday) and/or after-hours work must be approved by the CO.

IX. INVOICES

a. The Contractor shall submit one monthly invoice for items delivered during the month, under active delivery orders. Payments will be rendered by the Government monthly in arrears.

X. PARKING POLICY

a. It is the responsibility of Contractor personnel to park only in designated parking areas. Parking information is available from the VA Police. The VA shall not invalidate or make reimbursement for parking violations of Contractor’s personnel under any circumstances.

XI. SMOKING POLICY

a. Contractor personnel may smoke only in designated area. Smoking is allowed in all outside areas that are 25 feet away from entrances to buildings unless indicated otherwise. Enclosed patios connected to facility building are considered part of the building and as such are non-smoking areas.

XII. ORDERING ACTIVITY

a. Contractor shall not accept any instructions issued by any person other than the CO acting within the limits of his/her authority.

b. Contractor shall fulfill orders made by authorized personnel ONLY within scope of the contract.

c. Contractor shall NOT fulfill orders requested by anyone other than authorized personnel on behalf of the VA.

d. Contractor shall immediately contact CO with questions or concerns regarding orders.

XIII. CHANGES TO CONTRACT

a. Only delivery of the packs specified herein are authorized. Prior authorization shall be obtained from the CO before any actions take place outside the scope of the original contract.

XIV. COMPLAINTS

a. Contractor shall promptly and courteously respond to complaints within 3 working days, including complaints brought to Contractor’s attention by the CO. Contractor shall maintain a written record of all complaints, both written and oral showing the identity of the individual, the nature of the complaint, and Contractor’s response. Contractor shall permit the Government to inspect such records upon reasonable notice.

XV. BADGES

a. All Contractor personnel shall be required to wear VA always provided identification (I.D.) badges above the waist while on VA grounds. All VA provided I.D. badges shall be returned at the end of the contract or upon completion of service. Failure to wear I.D. badges may result in removal from any of the VA facilities and/or otherwise referred to federal property.

XVI. SALIENT CHARACTERISTICS

a. Custom Surgical Packs are single-use items that contain everything needed to perform specific types of surgical procedures to save time and reduce costs of operating room set-up.

b. All customized packages brought into the operating room shall be sterile.

c. All customized packages must comply with the International Association of Healthcare Central

Service Material Management (IAHCSMM) and AAMI/ANSI Sterilization, pack assembly/manufacture, quality assurance and packaging.

d. All customized packages must comply with ISO (International Organization for Standardization) for Sterilization of Healthcare Product.

e. All aspects of the assembly, packaging and sterilization must adhere to the quality control standards set by the FDA.

f. The contractor shall guarantee prior to sterilization, the products shall be assembled in secure air-controlled rooms, which are accessible only to authorized personnel with proper attire. International Association of Healthcare Central Service Material Management (IAHCSMM) (https://www.iahcsmm.org) and Association for the Advancement of Medical Instrumentation (AAMI) (http://www.aami.org) provide guidelines for proper attire.

g. Customized packages shall not provide re-sterilization of any single-use product for resale to the VA.

h. Reference Attachment A entitled “Custom Surgical Pack Salient Characteristics for Orlando” for full

Salient Characteristics for each component in every pack.

XVII. NONAVAILABILITY OF COMPONENT PARTS

a. Should a component part become unavailable which will temporarily or permanently delay the production of the pack(s), the Contractor shall immediately notify the Facility POC and the Contracting Officer by telephone (with written notice to follow within five (5) calendar days) of the situation and the anticipated length of delay.

b. At a minimum, the unavailability notification shall include the following information:

i. Complete item description, (product and lot number) and/or identification

ii. Contract and Delivery Order numbers

iii. Reason for unavailability

iv. If a direct recall was issued, the Contractor shall include the manufacturer disposition instructions and level of recall.

c. The contractor shall notify the Facility POC and the Contracting Officer of any Manufacturer

Backorder (MBO). The status clearly states the reason for any unavailability of component parts due to MBO and shall indicate the length of time for replenishment by product supplier. The Government retains the right to investigate the backorder situation to determine the cause of the backorder and to provide assistance to the Custom Surgical Pack contractor and the participating customers during the MBO period.

d. No deletions or substitutions will be made without written authorization from the Contracting Officer.

If the component will be out of stock for a prolonged period and the using service chooses to have the pack assembled without the product, written authorization must be given by the Contracting Officer.

The cost of the pack must be adjusted to reflect the change. In addition, the content listing will clearly identify any missing items approved to be left out by the VA.

XVIII. QUALITY ASSURANCE

a. The Custom Surgical Pack manufacturing facilities must be registered and in good standing with The

FDA and ISO9001:2000 certified ISO, CEN (European Committee for Standardization), AAMI (Association of the Advancement of Medical Instrumentation), and AORN (Association of Operating Room Nurses) are other Industry standards that must be met.

b. “Quality System Program” to prevent non-conformances at all product/service stages from design through distribution must be utilized. It is designed to comply with the requirements of ISO9001:2000, 21 CFR 820 (Code of Federal Regulations), EN 46001, and United States regulations regarding the sales and distribution of medical products. At a minimum ISO9001:2000 Certification must be available at time of proposal submission, and continuously maintained throughout the duration of the contract.

c. The Government may, at its option and expense, request an unrelated third party to inspect the packs provided by the Contractor. The Contractor shall repair, at the Contractor’s cost, any faults or omissions discovered by the inspection of the third party within fifteen (15) days when notified by the Facility POC.

d. The Government may, at its option and expense, inspect the contractor’s manufacturing and distribution centers at least annually, within five working days upon request by the Facility POC.

SECTION C - CONTRACT CLAUSES

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

COMMERCIAL SERVICES (NOV 2023)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

EFT.

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience.

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