36C24E22Q0197_2.docx

36C24E22Q0197

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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

36C24E22Q0197 08-3 -2022 Ann Marie Stewart 401-919-0878 09-1 -2022 15:00

EDT

00240E US Department of Veterans Affairs Veterans Health Administration Regional Procurement Office (RPO) East 323 North Shore Drive, Suite 500 Pittsburgh PA 15212-5319 X 334510 1250 Employees X N/A X US Department of Veterans Affairs Truman VA Hospital VA Biomolecular Imaging Center 800 Hospital Drive – F-003 Columbia MO 65201 00240E US Department of Veterans Affairs Veterans Health Administration Regional Procurement Office (RPO) East 323 North Shore Drive, Suite 500 Pittsburgh PA 15212-5319

00240E US Department of Veterans Affairs Financial Services Center (FSC) https://www.fsc.va.gov/einvoice.asp P.O. Box 149971 Austin TX 78714-8971 See CONTINUATION Page Contractor shall provide a l arge bore 9.4T PET/MR for Simultaneous Imaging and Benchtop for stand alone PET MRS*PET/MR 9.4T: MRS*DRYMAG 9426PW and MRS*PET INSERT 803 Simultaneous PET/MR system for whole body mice and rats imaging and MR for 2.5 Kg animals brand name or equal for the Harry S. Truman Memorial Veterans Hospital VA in accordance with the Statement of Work and the salient characteristics listed, sec. B.2 pp. 4- Please respond NLT 09/1 /2022, 3PM EDT by email only to annmarie.stewart@va.gov.

See CONTINUATION Page X X X Ann Marie Stewart

VA-VHA-2021-9A527CD0

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C24E US Department of Veterans Affairs Veterans Health Administration Regional Procurement Office (RPO) East 323 North Shore Drive, Suite 500 Pittsburgh PA 15212-5319

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

3. INVOICES: Invoices shall be submitted in arrears:

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

Financial Services Center (FSC) https://www.fsc.va.gov/einvoice.asp

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

B.2 STATEMENT OF WORK

Combined 9.4 Tesla MRI/PET Molecular and Anatomic Imaging Technologies The Columbia VAMC (589A) is requesting the acquisition of preclinical MRI/PET technology to support traumatic brain injury (TBI) research projects associated with the Truman VA Open Field Blast Core (TVA-OFBC). TVA-OFBC is focused on studying the long-term effects of mild TBI using preclinical models. This technology acquisition will complement and expand the existing Molecular Imaging Technology currently housed within the VA Biomolecular Imaging Center (BIC).

This technology must be capable of performing simultaneous hi-resolution Magnetic Resonance Imaging (MRI) and Positron Emission Tomography (PET) in preclinical rodent models (mouse/rat) of TBI. The requirements are specified as follows:

General Requirements The MRI system will possess a desired field strength of 9.4 Tesla and be specifically designed for mice, rats and large animals molecular imaging studies, in-vivo and/or ex-vivo applications. Due to the site location for this instrument, the MRI system must be self-shielded and cryogen free. The MRI component of the combined MRI/PET system will include the necessary software to access all functions of the system including source code and pulse sequence programming.

MAGNET

The 9.4 Tesla magnet will have the following specifications:

· Cryogen free superconducting magnet

SHIELDED GRADIENT COILS

The MRI system will include a shielded gradient coil set with water cooled shim coils having the following specifications:

ELECTRONICS

The MRI system will be equipped with the necessary electronics to include:

- Minimum of two independent broadband RF transmit channels for excitation and decoupling.

- Minimum of four independent broadband RF receive channels with associated applicable digital filters.

RF COILS

The system will come equipped with RF coils (Quadrature/Volume, Multi-element Phased Array, Multinuclear Surface, and Transmit Only) capable of meeting the following specifications:

RF Coil Requirements: Quadrature/Volume Coils

Minimum Length (mm) Minimum Type

RF Coil Requirements: Multi-element Phased Array Coils

Actively Detuned

Actively Detuned

Actively Detuned

RF Coil Requirements: Multinuclear Surface Coils

Actively Detuned

RF Coil Requirements: Transmit Only Coils

Actively Detuned

Actively Detuned

RF Coil Requirements: Arterial Spin Labelling Coil

Actively Detuned

The system will include appropriate spacer/centering tube to support the above listed RF coils when/if necessary.

Positron Emission Tomography (PET) Module

The system will include the necessary MRI fully compatible hardware and appropriate software permitting the simultaneous acquisition of PET and 9.4T MRI data with a capacity for whole body imaging of mice and rats.

Detailed required specifications for the PET Module and associated hardware/software are:

· System capable of operating with extended FOV using motorized bed.

· Minimum Spatial Resolution: 0.7mm using 3D OSEM or equivalent

· PET Module incorporates solid state technology PMT’s to achive optimum temperature stability.

· PET Module is fully removable allowing use of MRI maximum bore size for imaging.

· PET Module has capability to operate as a stand alone PET when not inserted in MRI.

· PET Module data acquisition software supports cardiac and respiratory gating data capture

· PET Module data acquisition software supports acquisition of dynamic PET data in list mode for the generation of time/activity profiles and kinetic modelling.

· Computing software/hardware to acquire raw PET data, reconstruct PET images, and display reconstructed data both as static images and gated Cine representations is provided.

· The computing hardware/software provided supports simultaneous PET/MRI acquisition and stand-alone PET data acquisition.

· A duplicate stand-alone PET reconstruction workstation as a back-up system and off-line user system is required. This system will be equipped with identical software as installed on the combined PET/MRI workstation.

· The supplied instrument workstations will be equipped with the necessary Windows based operating systems including sufficient RAM (>/= 64 GB) and hard drive capacities (Minimum 2TB), including a minimum of 512GB NVMe, to support robust data acquisition, processing, and transfer capabilities for large data sets.

· The supplied instrument workstations will be equipped with Intel® UHD Graphics 630 processors or equivalent.

Quality Control Phantoms

The vendor shall include necessary quality control phantoms to permit:

· the ongoing assessment and verification of system image resolution and image uniformity using appropriate Jaszczak Phantoms (0.7-1.5mm rod diameter) and Uniformity Phantoms (30-60mm Diameter).

· the ongoing assessment and quality control of recovery coefficient, noise assessment determined as the background coefficient of variation, and image quality/lesion detectability employing an appropriate small animal NEMA IQ Phantom.

Motorized Animal Pallets and Individual Animal Beds

The system will include a Motorized Table for horizontal movement of animals into and out of the PET/MR system. The Motorized Table will be compatible with simultaneous or sequential multimodality imaging and be capable of supporting the required bed configurations:

-Mouse Bed for brain imaging compatible with mouse head coils and whole body coils including accommodations for anesthetic gas supply, warm air circulation, physiological monitoring, and cardiac/respiratory gating.

-Mouse Bed for whole body imaging (REQUIRE 2) compatible with mouse whole body coils including accommodations for anesthetic gas supply, warm air circulation, physiological monitoring, and cardiac/respiratory gating.

-Multiple Mouse Bed capable of imaging up to 3 mice simultaneously including accommodations for supply of 3 separate anesthetic gas supply lines for the concurrent immobilization of 3 mice.

-Rat Bed for Brain Imaging (Require 2) with an appropriate adaptation for the animal head and designed for head coils. These beds will accommodate anesthetic gas supply, warm air circulation, physiological monitoring, and cardiac/respiratory gating.

-Rat Bed for Whole Body Imaging: (Require 2) designed for use with the compatible whole body RF coils. These beds will accommodate anesthetic gas supply, warm air circulation, physiological monitoring, and cardiac/respiratory gating.

-Large Animal Imaging Bed for Large-Bore MR. This bed will be capable of supporting a maximum weight 2.5 kg. This bed will accommodate anesthetic gas supply, warm air circulation, physiological monitoring, and cardiac/respiratory gating.

Physiological Monitoring/Body Temperature Control/Anesthesia

The system will include hardware and software to provide the following capabilities:

· MRI compatible Cardiac and Respiratory Gating/Monitoring for physiological monitoring and gating (cardiac/respiratory) for anesthetized mice, rats and larger animals.

· An independent external Power Supply to support the operation of the Cardiac and Respiratory Gating/Monitoring system.

· A system to provide body temperature control and support for up to 3 animals simultaneously that is compatible with all system animal beds.

· A portable O2/Air veterinary anesthesia system (on a cart) for animals <3kg incorporating a minimum of 1 dedicated induction device, 3 dedicated outlets for very low consumption masks, and 1 outlet dedicated to a multi-mask for induction of multiple animals at 1 time.

· The veterinary anesthesia unit will include an Isoflurane vaporizer and be equipped with a waste anesthetic gas extraction system.

Additional Post-Processing Workstation

The vendor is requested to furnish a stand alone compatible post-processing workstation with the following minimum specifications:

· Windows 10 Pro

· Intel® Core™ i7 (8 cores)

· 16 GB DDR4-2666 MHz RAM (1 x 16 GB)

· 512 GB PCIe® NVMe™ M.2 SSD

· 2TB HD

· Intel® UHD Graphics 630

· 2TB HD

· 4port ethernet

· 1x 1GB ethernet

Software Packages

System operating software including users manual and pulse programming manual to permit access to all functions of the system for experienced users. The software should allow experienced users to write pulse sequences and includes all necessary sequence library source code. The vendor is requested to provide a minimum of up to 3 remote training sessions included.

The system should also support a user-friendly non-expert interface allowing users to run defined MRI/PET scanning protocols. The user interface must allow the queued execution of study acquisitions with subsequent data reconstruction and display.

Vendor supplied MRI software must include software for the performance of the following:

VivoQuant™ Viewing and Analysis Software or equivalent to support the viewing and analysis of both static and dynamic image data sets across multiple modalities (CT, PET, SPECT, MR, and Optical) supporting DiCOM and non-DiCOM data structures.

The software will allow a trained user to be capable of performing the following:

-multi-modal registration (automated, manual and/or through the use of imaging fiducial markers) with reorientation tools -3D ROI segmentation via automatic, semi-automatic and manual tools with undo-redo capabilities -Dosimetry tools to generate 3D ROI derived input value to plug onto OLINDA EXM

- an MR analysis toolkit for generating T1, T2 and ADC maps

• Image viewing features including slice view, multiple planar reconstruction (MPR), and tile view for dynamic MR data

• Plotting tools for time-activity and time-signal curves, contours and histograms

• Image and movie generation for all viewing functions; broad range of file formats

• Magnification tools to generate high-definition rendering for publication, presentation, posters.

• Supports for brain atlas packages (mouse, rat, select NHP) for PET, SPECT, CT and MR (multi-modal) data sets with selected PK modelling support

DSI Studio or equivalent - Tractography software tools (DSI Studio or equivalent) software for maping brain connections and correlates findings with neuropsychological disorders. The package should permit the collective implementation of several diffusion MRI methods, including diffusion tensor imaging (DTI), generalized q-sampling imaging (GQI), q-space diffeomorphic reconstruction (QSDR), diffusion MRI connectometry, and generalized deterministic fiber tracking.

SpectroScan Software or equivalent - MR spectroscopy software for the performance of multinuclear in vivo spectroscopy analysis involving 31P or 22Na or 13C or 19F or 3He or 17O or 129Xe. Software should include all supporting documentation and user s guide.

Basic Set of MRI Compatible Tools

The vendor is requested to provide a basic set of MRI compatible tools including appropriate Hex nut drivers, Phillips screwdrivers, and Hex Allen keys that are fully compatible for use in a 9.4 Tesla field strength.

On-site Applications Training

The vendor is requested to provide a minimum of 4 days onsite training for staff in the operations of the MRI/PET system.

The training will cover the following topics:

· Detailed MRI/PET system operation

· Use of isotopes for PET molecular imaging

· Animal set-up

· Post-processing software

· Data analysis and display

· Applications capabilities

Remote Training

The vendor will provide a minimum of 12 hours of remote training for PET/MR to be arranged at the VA’s convenience.

The vendor will provide a minimum of 3 remote sessions comprising at least 3 hrs each for the purpose assistance with MRI pulse sequence programming.

Warranty/Service

The vendor is requested to provide the necessary combination of warranty and preventative maintenance/service to support at least 5 full years of instrument operation.

Installation Acceptance Testing

The following Acceptance Tests will be carried out by the vendor upon installation and the results compared to vendor previously establish specifications:

· Field Homogeneity

· Field Stability

· NMR Frequency

· System SNR

· Coil SNR

· Coil Attenuation

· Coil Image Quality

· Gradient strength evaluating appropriateness of MR signal for multimodality co-registration

· Gradient linearity

· B0 drift (Passive Shims)

· Bo homogeneity

· Noise Level with preamp

· Noise level with coil

· All RF Coils supplied – Evaluate SNR

· Flood maps verifying operation of all PET detectors

· PET Energy resolution using 22Na or 18F (Radioactive sources to be provided by Truman VA Hospital)

· Assess PET normalization

· Assess PET image quality using NEMA IQ phantom

· Assess maximum image resolution using Jaszczk phantom with 18F

· Assess Image quality & scatter fraction using NECR phantom

· Assess overall system sensitivity

· Confirm ability for precise image co-registration utilizing 2 different modalities (PET and MRI) and vendor supplied image acquisition/processing/analysis software

· Confirm system capability for performance of accurate attenuation correction.

· Demonstrate operational capability of respiratory and cardiac gating hardware for the acquisition of a combined PET/MRI data set using a live animal (Animal will be supplied by Truman VA). This will be performed using an appropriate RF coil and 18F-FDG for myocardiac imaging. 18F-FDG will be provided by the Truman VA Hospital.

· Demonstrate ability to acquire, reconstruct, and display dynamic PET data from animal subjects (F-18-FDG and animal will be supplied by Truman VA)

OPERATIONAL UP-TIME

SERVICE

(a) Technical service training and service tools (as applicable) will be provided by the vendor to the Truman VA Biomedical Engineering Service at the completion of installation.

AVAILABILITY OF SERVICE AND PLACEMENT PARTS

The contractor guarantees availability of servicing and replacement parts for a period of ten (10) years.

SERVICE BULLETINS

Two (2) copies of each service bulletin affecting safety or maintenance of equipment furnished under this contact will be forwarded to the receiving activity for a period of ten (10) years after the date of delivery.

SERVICE DATA MANUAL

The contractor shall supply two (2) operation and service (maintenance) manuals in hardcopy or electronic format with each piece of equipment. The manual(s) shall be the same as the manual(s) provided the manufacturer’s designated field service representative(s).

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Large bore 9.4T PET/MR for Simultaneous Imaging and Benchtop for stand-alone PET.

MRS*PET/MR 9.4T: MRS*DRYMAG 9426PW and MRS*PET INSERT 803.

Simultaneous PET/MR system for whole body mice and rats imaging and MR for 2.5 Kg animals in accordance with the Statement of Work (SOW), sec. B.2

Contract Period: Base POP Begin: 09-22-2022 POP End: 09-21-2023

PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 6525 - Imaging Equipment and Supplies: Medical, Dental, Veterinary

MANUFACTURER PART NUMBER (MPN): MRS DRYMAG 9426 PW

LOCAL STOCK NUMBER: MRS DRYMAG 9426 PW

GRAND TOTAL

B.3 DELIVERY SCHEDULE

VA Biomolecular Imaging Center 800 Hospital Drive – F-003 Columbia, MO 65201

USA

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SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

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

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

(End of Clause)

C.2 SUPPLEMENTAL INSURANCE REQUIREMENTS

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

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

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

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

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

(End of Clause) C.3 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.] [] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[X] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[X] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[X] 852.233–70, Protest Content/Alternative Dispute Resolution.

[X] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[X] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause)

C.4 VAAR 852.212-71 GRAY MARKET ITEMS (APR 2020)

(a) No gray market or remanufactured items will be acceptable. Gray market items are Original Equipment Manufacturers’ (OEM) goods sold through unauthorized channels in direct competition with authorized distributors. This procurement is for new OEM medical equipment only for VA medical facilities.

(b) Vendor shall be an OEM, authorized dealer, authorized distributor or authorized reseller for the proposed equipment/system, verified by an authorization letter or other documents from the OEM. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions.

(End of Clause) C.5 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018)

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

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

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor compliance with the subcontracting commitments.

(End of Clause)

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

The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract. Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of Clause) (End of Addendum to 52.212-4)

C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) (JUL 2020) (DEVIATION)

(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 products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 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 products and commercial services:

[X] (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).

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

[] (10) [Reserved] [] (11) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a).

[X] (12) 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).

[] (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) of 52.219-6.

[] (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.

[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.

[] (v) Alternate IV (SEP 2021) of 52.219–9.

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

[] (ii) Alternate I (MAR 2020) of 52.219-13.

[] (19) 52.219–14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 657s).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[] (21) 52.219–27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C. 657f).

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

[] (ii) Alternate I (MAR 2020) of 52.219–28.

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

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

[] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[] (26) l(26) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

[] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[X] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JUL 2020) (DEVIATION) (E.O. 13126).

[X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (30)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (ii) Alternate I (FEB 1999) of 52.222-26.

[X] (31)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[] (ii) Alternate I (JULY 2014) of 52.222-35.

[X] (32)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

[] (ii) Alternate I (JULY 2014) of 52.222-36.

[X] (33) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[X] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (35)(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).

[] (36) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

[] (37)(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.)

[] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[] (40)(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.

[] (41)(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.

[X] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

[] (43)(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] (44) 52.223–18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

[] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

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

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

[] (48) 52.225-1, Buy American—Supplies (NOV 2021) (41 U.S.C. chapter 83).

[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (JUL 2020) (DEVIATION) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C chapter 29 (sections 4501-4732), 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 II (JUL 2020) (DEVIATION) of 52.225-3.

[] (iii) Alternate III (JUL 2020) (DEVIATION) of 52.225-3.

[X] (50) 52.225–5, Trade Agreements (JUL 2020) (DEVIATION) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (52) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[X] (55) 52.229–12, Tax on Certain Foreign Procurements (FEB 2021).

[] (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

[] (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[] (60) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) (DEVIATION AUG 2020) (31 U.S.C. 3903 and 10 U.S.C 2307).

[] (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[] (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

[] (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

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

[] (iii) Alternate II (NOV 2021) 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 products and commercial services:

[] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (3) 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).

[] (4) 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).

[] (5) 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).

[] (6) 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).

[] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

[] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

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

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

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

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

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

(i) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115–91).

(iv) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(v) 52.219–8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

(viii) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(ix) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(x) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xiii)(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

(xiv) 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).

(xv) 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).

(xvi) 52.222-54,…