36C25022Q0261 Combined Synopsis-Solicitation.pdf

36C25022Q0261

Description

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in

Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and

Solicitation for Commercial Items,” as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

This solicitation is issued as a request for quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2022-04 01/30/2022.

This solicitation is set-aside for Service Disabled Veteran Owned Small Business (SDVOSB).

The associated North American Industrial Classification System (NAICS) code for this procurement is

339113 Surgical Appliance and Supplies Manufacturing, with a small business size standard of 750 employees.

The FSC/PSC is 6530 – Hospital Furniture, Equipment, Utensils, and Supplies

Department of Veterans Affairs, Louis Stokes Cleveland VA Medical Center is seeking to purchase 69

New Ceiling lifts, slings of various sizes and uses and installation of the ceiling lifts.

All interested companies shall provide quotations for the following:

Supplies/Services

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

22.00 EA ______________ _________________

Guldmann GH3+ 825lbs. SWL Hoist (Scale, CLM & Service), Hangar Bar, 3M x 3M (10' x 10') Ceiling Mounted Continuous Charge Room Covering

Track System. Non-Recessed. (electrical hook up responsibility of owner) includes 1 Basic Sling (size/style TBD). Rooms: 2F-105, 2F-107, 2F-109, 2F-111, 2F-113, 2F-172, 2F-174, 2F-176, 2F-178, 2F-106, 2F-108, 2F-110, 2F-177, 2F-112, 2F-114, 2F-134, 2F-137, 2F-138, 2F-170, 2F-171, 2F-173, 2F-175

12.00 EA _______________ __________________

Guldmann GH3+ 825lbs. SWL Hoist (Scale, CLM & Service), Hangar Bar, 3M x 3M (10' x 10') Ceiling Mounted Continuous Charge Room Covering

Track System. Non-Recessed. (electrical hook up responsibility of owner) includes 1 Basic Sling (size/style TBD). Rooms: Rooms: 2F-102, 2F-131, 2F-180, 2F-104, 2F-133, 2F-179

1.00 EA ______________ _________________

GH3+ 605 lbs. SWL Hoist (Trainer, Scale, CLM & Service Modules)

Hanger Bar. 6Mx6M (19'x19') with up to 6 Drops/Attachments. Ceiling

Mounted Continuous Charge Room Covering Track System. Non-

Recessed. (electrical hook up responsibility of owner) includes 1 Gait sling. 2F-155

2.00 EA _______________ __________________

GH3+ 825 lbs. SWL Hoist (CLM & Service) Hanger Bar. Ceiling Mounted

Continuous Charge Single Rail + 30* Curve Track System. Non-Recessed.

(electrical hook up responsibility of owner) includes 1 Basic sling

(size/style TBD). Room(s): 2F-136, 2F-139

28.00 EA _____________ _________________

GH3+ 825 lbs. SWL Hoist (CLM & Service) Hanger Bar. Ceiling Mtd.

Continuous Charge Single Rail + 45* Curve Track System. 1 sling. 2F-105, 2F-107, 2F-109, 2F-111, 2F-113, 2F-172, 2F-174, 2F-176, 2F-178, 2F-106, 2F-108, 2F-110, 2F-112, 2F-114, 2F-134, 2F-137, 2F-138, 2F-170, 2F-171, 2F-173, 2F-175, 2F-177, 2F-102, 2F-131, 2F-180, 2F-104, 2F-133, 2F-179

1.00 EA _______________ __________________

GH3+ 825 lbs. SWL Hoist (CLM & Service) Hanger Bar. Ceiling Mounted

Continuous Charge Single Rail + 45* Curve Track System. Non-Recessed.

(electrical hook up responsibility of owner) includes 1 Basic sling

(size/style TBD). Rooms: 2F-135

3.00 EA ______________ _________________

GH3+ 1100 lbs. SWL TWIN Hoist (Scale, CLM & Service), Hanger Bar, 3Mx3M (10'x10') Ceiling Mounted Continuous Charge Room Covering

Track System. Non-Recessed. (electrical hook up responsibility of owner) includes 1 Basic sling (size/style TBD). Rooms: 2F-135,2F-136, 2F-139, Positioning Lock System and Installations

20.00 EA ______________ _________________

Sit on Comfort (Spacer) - M

21.00 EA _______________ __________________

Sit on Comfort (Spacer) - L

22.00 EA ______________ _________________

Sit on Comfort (Spacer) - XL

3.00 EA _______________ __________________

Gait Trainer-Medium

3.00 EA ______________ _________________

Gait Trainer-Large

3.00 EA _______________ __________________

Guldmann Gait Trainer-XL

LOCAL STOCK NUMBER: 283271

2.00 EA ______________ ________________

Guldmann Gait Trainer-XXL

7.00 EA _______________ __________________

Guldmann Hand control Strap Rest

LOCAL STOCK NUMBER: 559943

Guldmann Twin Turner-Regular

LOCAL STOCK NUMBER: 28750

22.00 EA _______________ __________________

Guldmann Sling Insertion Stick

LOCAL STOCK NUMBER: 284404

Guldmann Limb Slings

LOCAL STOCK NUMBER: 28650

6.00 EA _______________ __________________

Guldmann Sit on II-Medium

LOCAL STOCK NUMBER: 297051

6.00 EA ______________ _________________

Guldmann Sit on II-Large

LOCAL STOCK NUMBER: 297061

Guldmann Sit on II-XL

LOCAL STOCK NUMBER: 297071

4.00 EA ______________ _________________

Guldmann Sit on II (High)-XXL

LOCAL STOCK NUMBER: 298081

Guldmann Sit on Comfort-XXL

LOCAL STOCK NUMBER: 294081

4.00 EA ______________ _________________

Guldmann Basic High Back-XXL

LOCAL STOCK NUMBER: 272081

10.00 EA _______________ __________________

Guldmann Amputee-M

LOCAL STOCK NUMBER: 290051

10.00 EA ______________ _________________

Guldmann Amputee-L

LOCAL STOCK NUMBER: 290061

14.00 EA _______________ __________________

Guldmann Amputee-XL

LOCAL STOCK NUMBER: 290071

Guldmann Gait Trainer-XXL

LOCAL STOCK NUMBER: 283281

13.00 EA _______________ __________________

Guldmann Twin Turner-Regular

LOCAL STOCK NUMBER: 28750

8.00 EA ______________ _________________

Guldmann Twin Turner-Bariatric

LOCAL STOCK NUMBER: 28760

Guldmann Limb Slings

LOCAL STOCK NUMBER: 28650

2.00 EA ______________ _________________

Guldmann Bariatric Gait Trainer

LOCAL STOCK NUMBER: 283100

Guldmann Bariatric Gait Trainer

Certified Installation-Therapy Gym (2 Phases/Mobilizations)

Design/Drafting 3rd Party Structural Engineer Reviewed and Stamped

Drawings

GRAND TOTAL _________________

See attached Statement of Work (SOW) and Drawings.

The period of performance is all work shall be in compliance within 180 days from the contractor’s receipt of the Notice to Proceed (NTP).

Place of Performance/Place of Delivery

Address: Department of Veterans Affairs

Louis Stokes Cleveland VA Medical Center

10701 East Blvd., Cleveland, OH 44106

Country: UNITED STATES

This is a “Brand Name or Equal” solicitation. Brand Name or Equal Purchase Descriptions – Salient physical, functional, or performance characteristics of the brand name item that an “equal” item must meet to be acceptable for award. Award shall be made to the quoter whose quotation is the lowest priced and technically acceptable (meets “Brand Name or Equal” requirements). The government will evaluate information based on the following evaluation criteria: VAAR 819.7005 VA service-disabled

Veteran-owned small business set-aside procedures.

A. Brand Name or Equal Purchase Descriptions – Salient physical, functional, or performance characteristics of the brand name item that an “equal” item must meet to be acceptable for award.

1. Lifts: Total of 69 ceiling lifts categorized

a. 38 Lifts with built in, Class III internal scale readout visible handset with LED screen display. External scale attachment is not acceptable.

Item # Manufacturer/Description/Part/Model Number* Qty

3m x 3m

Single

Guldmann GH3+ 825lbs. SWL Hoist (Scale, CLM & Service), Hangar

Bar, 3M x 3M (10' x 10') Ceiling Mounted Continuous Charge Room

Covering Track System. Non-Recessed. (electrical hook up responsibility of owner) includes 1 Basic Sling (size/style TBD).

Rooms: 2F-105, 2F-107, 2F-109, 2F-111, 2F-113, 2F-172, 2F-174, 2F-

176, 2F-178, 2F-106, 2F-108, 2F-110, 2F-177, 2F-112, 2F-114, 2F-

134, 2F-137, 2F-138, 2F-170, 2F-171, 2F-173, 2F-175

3m x 3m

Single lifts, two to a room

Guldmann GH3+ 825lbs. SWL Hoist (Scale, CLM & Service), Hangar

Bar, 3M x 3M (10' x 10') Ceiling Mounted Continuous Charge Room

Covering Track System. Non-Recessed. (electrical hook up responsibility of owner) includes 1 Basic Sling (size/style TBD).

Rooms: 2F-102, 2F-131, 2F-180, 2F-104, 2F-133, 2F-179

Therapy

Gym

Guldmann GH3+ 605 lbs. SWL Hoist (Trainer, Scale, CLM & Service

Modules) Hanger Bar. 6Mx6M (19'x19') with up to 6

Drops/Attachments. Ceiling Mounted Continuous Charge Room

Covering Track System. Non-Recessed. (electrical hook up responsibility of owner) includes 1 Gait sling. 2F-155

3m x 3m

Single

Bariatric

Guldmann GH3+ 1100 lbs. SWL TWIN Hoist (Scale, CLM & Service), Hanger Bar, 3Mx3M (10'x10') Ceiling Mounted Continuous Charge

Room Covering Track System. Non-Recessed. (electrical hook up responsibility of owner) includes 1 Basic sling (size/style TBD).

Rooms: 2F-135, 2F-136, 2F-139

b. 31 Lifts without scales

Item # Manufacturer/Description/Part/Model Number*

Qty

Bathroom

Guldmann GH3+ 825 lbs. SWL Hoist (CLM & Service) Hanger Bar.

Ceiling Mounted Continuous Charge Single Rail + 30 Curve Track

System. Non-Recessed. (electrical hook up responsibility of owner) includes 1 Basic sling (size/style TBD). Room(s): 2F-136, 2F-139

Bathroom

Guldmann GH3+ 825 lbs. SWL Hoist (CLM & Service) Hanger Bar.

Ceiling Mounted. Continuous Charge Single Rail + 45 Curve Track

System. 1 sling. 2F-105, 2F-107, 2F-109, 2F-111, 2F-113, 2F-172, 2F-

174, 2F-176, 2F-178, 2F-106, 2F-108, 2F-110, 2F-112, 2F-114, 2F-

134, 2F-137, 2F-138, 2F-170, 2F-171, 2F-173, 2F-175, 2F-177, 2F-

102, 2F-131, 2F-180, 2F-104, 2F-133, 2F-179

Bathroom

Guldmann GH3+ 825 lbs. SWL Hoist (CLM & Service) Hanger Bar.

Ceiling Mounted Continuous Charge Single Rail + 45 Curve Track

System. Non-Recessed. (electrical hook up responsibility of owner) includes 1 Basic sling (size/style TBD). Rooms: 2F-135

2. Slings of various sizes and uses are required as necessary accessories to the operation of the ceiling lifts and patient care including:

a. 38 transfer slings for amputee and non-amputee patient (standard and bariatric) used to transfer patients from bed to wheelchair or another seated position.

Sling Type Size/Qty Total

Guldmann Basic High Back XXL 4

Guldmann Amputee 10M,10L,14XL 34

b. 91 - sit on comfort and hygiene slings (standard and bariatric) for patient specific hygiene and transfer needs, allowing the sling to stay under the patient without skin injury

Guldmann Sit on II 6M, 6L, 6XL 18

Guldmann Sit on II High Back 4XXL 4

Guldmann Sit on Comfort w/spacer 20M, 21L, 22XL 63

Guldmann Sit on Comfort Hi 6XXL 6 w/spacer

c. 14 - Gait trainer slings (standard and bariatric) for therapeutic mobility, gait and strengthening training

Guldmann Gait Trainer Sling 3M, 3L, 3XL, 3XXL 12

Guldmann Gait Trainer Bariatric 2 2

d. 20 limb slings for holding limbs during wound care, range of motion exercises or positioning

Guldmann Limb Slings 2 Box of 10 20

e. 22 turning slings with insertion stiffeners, for wound care, bowel care or positioning to prevent skin breakdown (standard and bariatric).

Sling Type Size/Qty Total

Guldmann Twin Turner Regular with insertion stiffeners

14 14

Guldmann Twin Turner Bariatric with insertion stiffeners

8 8

3. Hand Control Strap Rest must have:

Hand Control Strap Rests Type Size/Qty Total

Guldmann Hand Control Strap Rest 7 Box of 10 70

• The ability to be conveniently located on the lifting strap of the ceiling hoist for ease of storing the handset when not in use.

• Be compatible with both new and previous versions of hand controls on all Guldmann ceiling hoists.

• Prevent the spiral cable from coiling around the strap if the lifting hanger twists and turns during use.

4. The requested sixty-nine ceiling lift systems must have:

• A wide range of mounting options (such as a lift system which can offer a combined wall and ceiling mount configuration) to accommodate the various patient room environments which exist within our facility.

• The ability for full XY coverage in all patient care rooms, including therapy areas and maximum coverage in patient bathrooms

• All system parts and accessories must have UPL approval and certification.

• Operation of the system must allow for a minimum of 24” lifting height for transfer of patient from wheelchair/exam table/toilet, as well as adequate lifting height for the turning and repositioning of the patient on the exam table or lowering height for fall recovery off the floor.

• The hanger bars must be able to be changed out by the medical center’s staff without the assistance of contractor, vendor or special tools.

• Hangar bars must have 2- or 4-point hooks with secondary security measures, such as a steel or metal clip or double hook

• Scale for patient weight must be integrated into the handset controller without compromising bed to hangar bar height

• To facilitate ease in servicing and maintaining the systems, plug and play technology must be incorporated into the system.

• Lift systems must have software that allows for automatic tracking of preventative maintenance requirements as outlined in the National Patient Safety Alert AL 10-07 (2014). Tracking data must include: When service next due, number of weighings, total lifetime lifts, dates of last timing belt and battery change and number of lifts since reset.

• Technology that allows lift data to be viewed in Excel such as day & time of lifts, how long transfers are taking, height of the transfers, & weight of the transfers

• Emergency stopping device

• The emergency lowering feature must be operable without the use of any additional tools and the lift motor must be able to be reset by staff without any additional tools, allowing immediate use of the lift after activation of the emergency stop/lowering feature, without the need to call engineering or the manufacturer to reset the lift.

• Safety device that stops the motor to lift when batteries are low

• Lifting speed options up to 60mm/sec must be available.

• Plug and play technology must be employed to facilitate ease and reduced costs in system repairs and maintenance, one person replacement on current rail system.

• The Hoist must maintain a continuous charge on the rail.

• The contractor must provide a letter of compatibility based on lifts in house but approved to use as long as same type of characteristics of Guldmann's hangar bar statement that their slings, of the same design, are compatible with other manufacturer’s ceiling lift systems.

• The contractor must also provide a statement that the current hospital approved equipment cleaner/disinfectant may be used to decontaminate both lifts and the slings.

• Operation of the system must be smooth with no fast or jerky starts and stops.

• There must be a minimum warranty period of 3 years for lifts and slings and 25 years for ceiling lift rails.

• One lift must have a lifting capacity up to 600 Lb. and have the ability of a trainer/mobility module integrate with the lift for therapeutic gait and mobility training, along with strengthening and dynamic balancing training and axes lock out featured for patient specific therapeutics.

• Handsets must have an attachment to safely secured to the hangar bar when not in use.

• Slings must be made of a polyester net, polyester solid material or spacer fabric which can be left under the patient, provide breathability, limit skin moisture buildup, have a weight capacity up to 550 Lb. (non-bariatric) and 1000Lb. (bariatric) and be compatible with the current ceiling lifts within the Medical Center, along with 2- and 4-point hangar bars

• Turning slings must be able to turn a patient side to side without removing the slings and have the option of using an insertion stiffener for easy sling placement

• Labeling of sling size is accomplished via lettered labels sewn onto sling and not color coded

• Slings must have a variety of different loop length options and be compatible with 2- and 4-point hangar bars

• Amputee slings must accommodate both unilateral and bilateral amputee patients

• Slings must be launderable according to Medical Center infection control policies

• Sizing and weight capacities of the sling must be easily visible in lettering of ¾” minimum height

• Minimum sling warranty is three years.

• Slings for mobilization must have thigh and abdominal support straps (non-bariatric) and bariatric versions support between legs and abdomen

Packaging and Delivery

All work shall be in compliance within 180 calendar days from the contractor’s receipt of the Notice to

Proceed (NTP). Unit delivery and installation shall be grouped in amount of 23 ceiling lifts.

VA Northeast Ohio Health Care System C/O Cliff Tiedt

RM BE 470

10701 East Blvd Cleveland, Ohio 44106

Government Holidays

National holidays observed by the Federal Government are as follows:

New Year’s Day, Martin Luther King’s Birthday, President’s Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day

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

Government agencies. Also included would be any day specifically declared by the President of the

United States of America as a National Holiday.

The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html.

http://acquisition.gov/comp/far/index.html

The following solicitation provisions apply to this acquisition:

1. FAR 52.212-1, Instructions to Offerors–Commercial Items (NOV 2021)

2. Addendum to FAR 52.212-1, Instructions to Offerors–Commercial Items (NOV 2021)

Solicitation Provisions Incorporated by Reference (FEB 1998)

52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) http://www.acquisition.gov/far/index.html (FAR) and http://www.va.gov/oal/library/vaar/index.asp (VAAR)

52.204-7 System for Award Management (OCT 2018)

52.204-16 Commercial and Government Entity Code Reporting

52.207-6 Solicitation of Offers from Small Business Concerns and Small Business Teaming

Arrangements or Joint Ventures (Multiple-Award Contracts) (OCT 2016)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(a) Definitions. As used in this provision—

"Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative

Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract

Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

"Federal contracts and grants with total value greater than $10,000,000" means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award

Schedules).

"Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/index.asp

Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in

FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of Provision)

52.211-6 Brand Name or Equal

52.214-21 Descriptive Literature (APR 2002)

52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY

2014)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate

Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

https://www.sam.gov/

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

(End of Provision)

52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action

Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation for each trade Goals for female participation for each trade

16.1% 6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41

CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance

Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to

Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4.

Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal

Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the—

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is

State: Ohio

County: Cuyahoga

City: Cleveland

52.229-11 Tax on Certain Foreign Procurements – Notice and Representation

52.233-2 SERVICE OF PROTEST (SEP 2006)

Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Hand-Carried Address:

Department of Veterans Affairs Network Contracting Office (NCO) 10 C/O Angie Carpenter 3140 Governor’s Place Blvd, Suite 100 Kettering, OH 45409

Mailing Address:

Department of Veterans Affairs Network Contracting Office (NCO) 10 C/O Angie Carpenter 3140 Governor’s Place Blvd, Suite 100 Kettering, OH 45409

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE (JAN 2008)

The following provisions or clauses incorporated by reference in this solicitation must be completed by the offeror or prospective contractor and submitted with the quotation or offer. Copies of these provisions or clauses are available on the Internet at the Web sites provided in the provision at FAR

52.252-1, Solicitation Provisions Incorporated by Reference, or the clause at FAR 52.252-2, Clauses

Incorporated by Reference. Copies may also be obtained from the contracting officer.

(End of Addendum to 52.212-1)

3. FAR 52.212-3, Offerors Representations and Certifications–Commercial Products and Commercial Services (NOV 2021)

Offerors must complete annual representations and certifications electronically via the System for

Award Management (SAM) website located at https://www.sam.gov/portal in accordance with FAR

52.212-3, Offerors Representations and Certifications–Commercial Items. If paragraph (j) of the provision is applicable, a written submission is required.

The following contract clauses apply to this acquisition:

FAR 52.212-4, Contract Terms and Conditions–Commercial Products and Commercial Services (NOV 2021)

• ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS

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

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

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

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

https://www.sam.gov/portal http://www.acquisition.gov/far/index.html

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

52.203-16 Preventing Personal Conflicts of Interest (JUN 2020) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (JUN 2020) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011) 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment (NOV 2021) 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (NOV 2021) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.211-10 Commencement, Prosecution, and Completion of Work

The Contractor shall be required to (a) commence work under this contract within 180 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 180 calendar days after the contractor receives the notice to proceed.

52.222-3 Convict Labor (JUNE 2003) 52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work (MAY 2014) 52.222-6 Construction Wage Rate Requirements (AUG 2018) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (JUL 2021) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (MAY 2014) 52.222-12 Contract Termination-Debarment (MAY 2014) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations

(MAY 2014)

52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (MAY 2014) 52.222-19 Child Labor – Cooperation with Authorities and Remedies (JUL 2020) (DEVIATION)

(E.O. 13126).

52.222-21 Prohibition of Segregated Facilities http://www.acquisition.gov/far/index.html https://www.va.gov/oal/docs/business/pps/deviationFar-20200817.PDF

52.222-26 Equal Opportunity (SEPT 2016) 52.222-27 Affirmative Action Compliance Requirements 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) 52.222-41 Service Contract Labor Standards (AUG 2018) 52.222-50 Combating Trafficking in Persons 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) 52.225-8 Duty-Free Entry (OCT 2010) 52.228-5 Insurance-Work on a Government Installation (JAN 1997)

CL-120 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 employer’s 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 per occurrences.

(c) Automobile liability: $200,000 per person; $500,000 per occurrence and $200,000 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.

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (NOV 2021)

(DEVIATION AUG 2020)

52.236-2 Differing Site Conditions (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-21 Specifications and Drawings for Construction (FEB 1997) 52.242-14 Suspension of Work (APR 1984) 52.243-5 Changes and Changes Conditions (APR 1984) 52.243-6 Change Order Accounting (APR 1984) 52.244-6 Subcontracts for Commercial Products and Commercial Services (JAN 2022)

(DEVIATION AUG 2020)

52.246-12 Inspection of Construction (AUG 1996) 52.249-1 Termination for Convenience of the Government (Fixed-Price)(Short Form)(APR

1984)

852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR

2020) https://www.va.gov/oal/docs/business/pps/deviationFarVaar20200807.PDF

(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.

X 852.211-70, Equipment Operation and Maintenance Manuals.

EQUIPMENT OPERATION AND MAINTENANCE MANUALS (NOV 2018)

___ 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.

___ 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small

Business Evaluation Factors

___ 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.

X 852.219-10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside. (NOV 2020)

VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (NOV 2020)

(DEVIATION)

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

(1) Means a small business concern—

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

https://www.va.gov/oal/library/vaar/vaar802.asp#802201

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

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

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

(iv) The business has been verified for ownership and control pursuant to 38 CFR part 74 and is listed in VA’s Vendor Information Pages (VIP) database; and

(v) The business will comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size and government contracting programs at 13 CFR part 121 and

125, provided that any reference therein to a service-disabled Veteran-owned small business concern

(SDVO SBC), is to be construed to apply to a VA verified and VIP-listed SDVOSB unless otherwise stated in this clause.

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

(3) The term “small business concern” has the meaning given that term under section 3 of the Small

Business Act (15 U.S.C. 632).

(4) The term “small business concern owned and controlled by Veterans with service-connected disabilities” has the meaning given the term “small business concern owned and controlled by service-disabled Veterans” under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)), except that for a

VA contract the firm must be listed in the VIP database (see paragraph (a)(1)(iv) above).

(b) General.

(1) Offers are solicited only from VIP-listed SDVOSBs. Offers received from entities that are not VIP-listed SDVOSBs at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a VIP-listed SDVOSB who is eligible at the time of submission of offer(s) and at the time of award.

(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only VIP-listed SDVOSBs are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible SDVOSB as defined in this clause, 38 CFR part 74, and VAAR subpart 819.70.

(d) Agreement. When awarded a contract action, including orders under multiple-award contracts, an

SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting requirements in 13 CFR 121.406(b) and 125.6. Unless otherwise stated in this clause, a https://www.vip.vetbiz.va.gov/ https://www.va.gov/oal/library/vaar/vaar819.asp#81970 https://www.va.gov/oal/library/vaar/vaar819.asp#81970 https://www.va.gov/oal/library/vaar/vaar819.asp#81970 requirement in 13 CFR part 121 and 125 that applies to an SDVO SBC, is to be construed to also apply to a VIP-listed SDVOSB. For the purpose of limitations on subcontracting, only VIP-listed SDVOSBs

(including independent contractors) shall be considered eligible and/or “similarly situated” (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to the following:

(1) Services. In the case of a contract for services (except construction), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP- listed SDVOSBs.

(2) Supplies or products.

(i) In the case of a contract for supplies or products (other than from a non- manufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not

VIP-listed SDVOSBs.

(ii) In the case of a contract for supplies from a non-manufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR

121.406(b)(5) has been granted.

(3) General construction. In the case of a contract for general construction, it will not pay more than

85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(4) Special trade construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime may be paid to firms that are not

VIP-listed SDVOSBs.

(5) Subcontracting. An SDVOSB must meet the NAICS size standard assigned by the prime contractor and be listed in VIP to count as similarly situated. Any work that a first tier VIP-listed SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For contracts referenced in (d)(2), (3), and (4) the cost of materials is excluded and are not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small businesses do not provide them. For additional information and more specific requirements on the limitations on subcontracting, refer to 13 CFR 125.6.

(e) Required limitations on subcontracting compliance measurement period. An SDVOSB shall comply with the limitations on subcontracting as follows:

X By the end of the base term of the contract or order, and then by the end of each subsequent option period; or

X By the end of the performance period for each order issued under the contract.

(f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture is listed in VIP and complies with the requirements in 13 CFR 125.18(b), provided that any requirement therein that applies to an SDVO SBC is to be construed to apply to a VIP-listed SDVOSB. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

(g) Precedence. Any inconsistencies between the requirements of the SBA Program for SDVO SBCs, and the VA Veterans First Contracting Program, as defined in VAAR subpart 819.70 and this clause, the

VA Veterans First Contracting Program takes precedence.

(h) Misrepresentation. Pursuant to 38 USC 8127(g), any business concern, including all its principals, that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB status is subject to debarment from contracting with the Department for a period of not less than five years

(see VAAR 809.406, Debarment).

(End of clause)

___ 852.219-11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

(NOV 2020) (DEVIATION) , CO fill-in at paragraph (e) ___ 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.

X 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.

X 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.

https://www.va.gov/oal/library/vaar/vaar819.asp#81970 https://www.va.gov/oal/library/vaar/vaar809.asp#809406 https://www.va.gov/oal/docs/business/pps/deviationVaar20201223.pdf

852.212-71 Gray Market Items (APR 2020)

GRAY MARKET ITEMS (APR 2020)

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.

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)

852.212-72 Gray Market and Counterfeit Items (MAR 2020) (DEVIATION)

GRAY MARKET AND COUNTERFEIT ITEMS (MAR 2020) (DEVIATION)

(a) No used, refurbished, or remanufactured supplies or equipment/parts shall be provided. This procurement is for new Original Equipment Manufacturer (OEM) items only. No gray market items shall be provided. Gray market items are OEM goods intentionally or unintentionally sold outside an authorized sales territory or sold by non-authorized dealers in an authorized sales territory.

(b) No counterfeit supplies or equipment/parts shall be provided. Counterfeit items include unlawful or unauthorized reproductions, substitutions, or alterations that have been mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified item from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitutions include used items represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics.

(c) 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 or by an intermediary distributor authorized by the OEM. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions.

https://www.va.gov/oal/docs/business/pps/deviationVaar20200326.pdf

852.219-74 Limitations on Subcontracting – Monitoring and Compliance (JUL 2018) (DEVIATION)

LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018) (DEVIATION)

(a) This solicitation includes VA Acquisition Regulation (VAAR) 852.219-10, VA Notice of Total Service-

Disabled Veteran-Owned Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor’s compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor’s offices where the Contractor’s business records or other proprietary data are retained and to review such business records regarding the Contractor’s compliance with this requirement.

(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’s compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of clause)

852.219-78 VA Notice of Limitations on Subcontracting – Certificate of Compliance for Supplies and Products (SEP 2021) (DEVIATION)

VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND

PRODUCTS (SEP 2021) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(k)(2), the offeror certifies that— https://www.va.gov/oal/docs/business/pps/deviationVaar20180627.pdf https://www.acquisition.gov/content/part-2-definitions-words-and-terms#i1125359 https://www.acquisition.gov/content/part-9-contractor-qualifications#i1115037

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

[Offeror check the appropriate box]

(i) [ ] In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not

VIP- listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(ii) [ ] In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR

121.406(b)(5) is granted.