36C25026Q0180 Solicitation.pdf

PAGE 1 OF 1. REQUISITION NO.

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

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

TIME

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

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

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

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

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

SEE ADDENDUM

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

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

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

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

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

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

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

539-26-1-072-0005

36C25026Q0180 01-16-2026

Brian Rosciszewski (937) 268-6511 ext 4421 01-29-2026

10:00 AM EST

36C250 Network Contracting Office (NCO) Ten Department of Veterans Affairs

260 E. University Ave., Ste 100 Cincinnati OH 45219

X

811310

$12.5 Million none

N/A

X

Renal Clinic Cincinnati VA Medical Center

3200 Vine St.

Cincinnati OH 45220

36C250

Network Contracting Office (NCO) 10 Department of Veterans Affairs

3140 Governors Place Blvd. Suite 210 Kettering OH 45409-1337

Department of Veterans Affairs Financial Services Center Invoices To Be Submitted Electronically https://www.ob10.com/us/en/veterans-affairs// Invoice Setup Info Phone

877 353 9791 512 460 5429

See CONTINUATION Page

Reverse Osmosis and Deionized Water System Service

Contact Info: Brian Rosciszewski, Contract Specialist (CS) Email: Brian.Rosciszewski@VA.gov

Deliver Services To: See Block 15

Quotes must be sent to the CS, via email only. No physical mail will be accepted. Quotes must be received no later than the day/time specified in block 8.

See CONTINUATION Page

539-3660160-072-820100-2520 010050190

X X

Luke A. Turner

VA-VHA-RPOC-2024-0076

36C25026Q0180

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE AND ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)(DEVIATION OCT 2025)

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 20

C.4 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

C.5 52.240-93 BASIC SAFEGAURDING OF COVERED CONTRACTOR

INFORMATION SYSTEMS (NOV 2025)

C.6 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

C.7 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.8 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 32

C.9 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

IMPORTANT NOTICE ABOUT SAM

ATTACHMENT I - SCA Hamilton County 12.3.2025

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023)(DEVAITION OCT 2025)

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

SERVICES (NOV 2021)

E.3 52.233-2 SERVICE OF PROTEST (SEP 2006)(DEVIATION NOV 2025)

E.4 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS

AND CERTIFICATIONS (NOV 2025)

E.5 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

E.6 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED

BY REFERENCE (JAN 2008)

E.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C250 Luke Turner

Network Contracting Office (NCO) Ten

Department of Veterans Affairs

260 E. University Ave., Ste 100

Cincinnati OH 45219

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

[X] 52.232-33 (OCT 2018), Payment by Electronic Funds Transfer—System For Award Management, or

[X] 52.232-36 (MAY 2014)(DEVIATION NOV 2025), Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly, in arrears

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

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

AMENDMENT NO DATE

B.2 STATEMENT OF WORK

HEMODIALYSIS WATER SERVICE FOR VAMC CINCINNATI.

Services to be provided by contractor under this contract shall include furnishing preventive maintenance, parts, labor, intervening service calls/emergency repairs, lodging, technical telephone assistance, expert supervision and all other allied costs required to maintain and repair the subject equipment. Services must be provided by OEM certified technicians and must use certified OEM parts. Service shall be performed per the OEM’s manual and instructions to maintain the equipment’s FDA 510K certification. Since OEM part numbers are routinely updated the part numbers listed within this statement of work may not be accurate and should not be used for developing pricing. Mar Cor/Evoqua are to be considered one in the same.

Training:

OEM-certified technician to provide 8 (eight) hours of annual on-site facility staff training on equipment listed.

Conformance Standards:

All services provided under this contract must be performed according to the Original Equipment Manufacturer (OEM) and Occupational Safety and Health Administration (OSHA) standards and specifications. All repairs and inspections shall be done in accordance with JCAHO, OEM and Association for the Advancement of Medical Instrumentation (AAMI) standards. All defective components become the property of the contractor and shall be removed at the contractor’s expense.

Subject Equipment:

All equipment is owned by the US Government and was manufactured by Mar Cor Purification Inc except for the 2 (two) De-ionized (DI) water tanks which are Mar Cor property. The DI tanks must be rented from Mar Cor and ready to be installed during the transition time of the contract.

1. Dialysis Unit CWP – Maintenance Agreement

A. Contractor will perform monthly Performance Maintenance Service (PMS) visits to inspect and perform system checks on all components of the water treatment system per the attached Service Schedule - CWP. Verify the efficiency of the equipment to ensure proper system operation.

Evaluate membrane performance to determine if replacement is necessary. Discuss any recommendations or changes with the customer. Send results of readings and tests with any recommendations to the dialysis manager and the COR.

B. Replace carbon tanks, exchange tanks, filters, worn or failed parts as needed during the monthly Preventative Maintenance (PM). Parts not included in the contract will only be replaced upon approval of the VA Medical Center.

C. Take monthly LAL and bacteria water samples on loop out, loop return and reverse osmosis (RO) product water and send result report. Take monthly LAL and bacteria water samples from Millenium portable ROs and send results.

D. Take a sample for the AAMI required analysis on the distribution loop and Millenium portable RO machines semi-annually. Send result report. Take a sample for the AAMI required analysis on city water annually and send result report. Ensure all AAMI required testing is done at the recommended intervals.

E. Provide annual on-site facility staff training.

F. Inspect and replace RO pre-filters per service schedule.

G. Rebuild two softener heads (3005 Q) annually. This includes a piston assembly and the seals and spacers for the heads.

H. Rebuild two carbon heads annually (3005 R). This includes a piston assembly and the seals and spacers for the head.

I. Rebed/Replace water softener resin tank 7 cu ft., annually. This includes removing the gravel and softener resin and replacing it with new softener resin and gravel. The CVAMC will be responsible for disposal of old resin and gravel.

J. Rebed/Replace multi-media tank annually. This includes removing the gravel and layers of anthracite coal, quartz sand, and garnet layers. The CVAMC will be responsible for disposal of old filtering media and gravel.

K. Rebed carbon filter (2), 10 cu. ft., annually. This includes removing the gravel and carbon and replacing it with new carbon and gravel. The carbon will be a mesh size of 12x40 and an iodine number of at least 950. The CVAMC will be responsible for disposal of old resin and gravel.

L. Clean membranes semi-annually, using low and high pH cleaners. Rinse the system after the cleaning and use the correct test strips to verify that all chemicals are clear from the system.

Provide all supplies for the cleaning and testing.

M. Provide one CWP Preventive Maintenance kit and perform the services thereunder.

N. Replace and supply 2 rental DI tanks (920-01-047), 14x47, 3.61 cu. ft. at minimum quarterly.

Remove the old tanks and connect the new tanks. DI tanks will not be in service for more than 3 months without an exchange. DI Tanks must come from Mar Cor.

O. Provide residual test strips quarterly.

P. Clean the temperature blending valve annually.

Q. Calibrate the booster pump and expansion annually.

R. Provide CWP extended service coverage. This includes repairing or replacement of parts, emergency service, labor, and travel during normal business hours. The “CWP” is defined as the blend valve through the post-treatment rack and does not include the loop or wall boxes.

Service Schedule - CWP

2. Dialysis Portable Reverse Osmosis (RO) Systems (4) Millenium – Maintenance Agreement

Contractor will perform monthly Performance Maintenance Service (PMS) visits to inspect and perform system checks on 4 (four) Millenium portable RO systems per the attached Service Schedule – Millenium

RO.

A. Inspect and replace RO prefilters: Part #S15000, one filter for each of the Millenium’s monthly for a total of 48 filters per year. Contractor to provide filters.

B. Replace filter, 5M, 10”, Part #ME40696, one filter for each of the Millenium’s monthly for a total of 24 filters per year. Contractor to provide filters.

C. Inspect and replace 1 Carbon Block PTG-520, Part #4000-0073: one filter for each of the Millenium’s quarterly for a total of 16 filters annually. Contractor to provide carbon blocks.

D. Replace Carbon Block PTG-520 quarterly, Part # 3027145; one filter for each of the Millenium’s quarterly for a total of 16 filters annually. Contractor to provide carbon blocks.

E. Inspect and replace membranes, Part #4000-0076; replace one membrane for each of the Millenium’s annually for a total of 4 membranes.

F. Replace MHX membrane, Part #3028365; replace one membrane for each of the Millenium’s annually for a total of 4 membranes

G. Repair and maintenance of Acid Systems: This includes tanks, pumps, controls, tubing, and all fittings throughout including connections at wall boxes.

Service Schedule – Millenium RO

COMPETENCY OF PERSONNEL SERVICING EQUIPMENT: All repair and maintenance services shall be performed by Mar Cor certified technicians that are fully trained and certified on the water purification units listed under The Subject Equipment. The contractor employees must be Mar Cor certified technicians using OEM certified parts. Before performing under this contract, the vendor must submit their Mar Cor certification names, contract information and required OEM certifications to work on the equipment covered. The company must have access to OEM manuals for all equipment listed.

Service shall be performed per the OEM’s manual and instructions to maintain the equipment’s FDA 510K certification. OEM Certifications last for 3 years and must be renewed before their scheduled expiration. Certification required for each piece of equipment listed. OEM certified technicians working at this site must have access to all safety/technical bulletins for the equipment listed as released. Only new standard OEM parts shall be furnished by the Contractor. Any substitution of service personnel must have prior approval of the Contracting Officers Representative, except in emergencies where retroactive approval can be sought. However, during an emergency, anyone not pre-approved to work on the equipment must be OEM certified and must show certifications to staff on duty before commencing work.

All work performed shall be in accordance with commercial practices and the OEM specifications.

CONTRACTOR QUALIFICATIONS: Before any work may be performed, the contractor must submit the names, certifications and training information of all technicians they plan to use under the contract.

Each technician must be OEM certified for the specific pieces of equipment being serviced. All work must be completed in accordance with OEM guidelines and in compliance with all other standards cited herein. Only new, standard OEM parts are to be used

WATER ROOM TECH REQUIREMENTS (based on the current Tech responsibilities)

1. Telephone callbacks within 60 minutes

2. If issue is deemed urgent (any un-operable equipment), Contractor must be on site within 8 hours.

Non-urgent (all other issues called in) contractor must be on site within 12 hours.

3. Issue must be completely repaired/resolved within 30 hours of initial call

*Awarded company assumes responsibility for the water purification equipment at 0001 local time on first day of contract (including providing DI tanks without interruption to patient care).

DOCUMENTATION: The Contractor shall submit a legible field service report immediately following each service visit, which shall include detailed descriptions of the maintenance performed or emergency repair services performed. The field service report shall include replacement parts and estimated prices required for the service call. Any additional charges not included within this service contract shall have prior approval by receipt of a separate purchase order before those costs are incurred. Any costs incurred without obtaining a separate purchase order may be determined by the VA to be unauthorized work and the contractor may bear the burden of such costs. Invoices shall be submitted monthly through the approved VA invoice payment processing system.

The contractor’s performance shall be monitored by the COR through service reports and quarterly quality assurance evaluations provided by the contractor on each piece of equipment. System will be operational 96% of the time during clinical hours, time and downtime will be measured through the work order process and service reports.

Impact of Disruption of Dialysis Services:

A functioning water supply system is the backbone of hemodialysis operations. If not functional, all hemodialysis operations in the unit must be stopped. The following consequences are expected:

A. Community Care utilization for hemodialysis for Cincinnati VAMC chronic hemodialysis patients: Currently, the Cincinnati VAMC provides chronic, life-sustaining hemodialysis treatment for 28 patients with end-stage renal disease (ESRD). This entails 3 times a week 3.5 – 4-hour treatments for each patient. If interrupted, all patients will need to be transferred to surrounding hemodialysis unit’s conditional on capacity availability. This will require the utilization of the Community Care referral system. It is to be noted that units in the proximity of the Cincinnati VAMC have limited capacity to acutely accommodate patients from other units and to provide longer-term service in case of prolonged operational stop of the Cincinnati VAMC hemodialysis unit. Care transfer to the community will also require changing/arranging transportation and for patients to potentially change their treatment days/times frequently upending personal planning, even to the possibility of occupational hardships.

B. Providing care for Community Living Center (CLC) patients on dialysis:

a. The Cincinnati VAMC Community Living Center has 64 beds providing long-term care, short-term care, rehabilitation and respite/hospice services. The Cincinnati VAMC hemodialysis unit provides services to CLC patients as needed. All these patients will require Community Care referrals as described under A.

b. Transportation of these patients is frequently complicated because of limited mobility resulting in increased cost.

C. In-patient care of patients with kidney problems admitted to the hospital:

a. The Cincinnati VAMC Nephrology Inpatient Service provides hemodialysis services to patients admitted for various indications to many different services (Hospital Medicine, Surgery, Neurology, Intensive Care Unit). These patients can suffer from acute, acute on chronic kidney injury or ESRD. The number is variable but can be as high as 5 or more patients per day for long periods of time.

b. Hemodialysis services for these patients are crucial for recovery and to reduce length-of-stay and other central operational metrics including to reduce cost of care. Interruption of hemodialysis service will require utilization of inpatient Community Care services. Although an exact cost is difficult to estimate, inpatient Community Care services are significantly more costly than chronic ESRD services alone (see A).

c. Emergency Room

i. Hemodialysis services can be provided to patients presenting for emergency medical services. If able complete hemodialysis while the patient is in the Emergency Room, admission can be potentially avoided. Without hemodialysis services, these patients will require transfer to other facilities via the Community Care process.

ii. Not being able to provide hemodialysis services can potentially result in placing the Cincinnati VAMC Emergency Room on diversion.

d. Medical and Surgical Intensive Care Units

i. Patients in these units often require hemodialysis services. Without it, Community Care processes might need to be utilized to continue intensive medical care.

ii. The clinical status of some of these critically ill patients might not allow for transportation or for finding an accepting clinical facility.

iii. In the context of the Cincinnati VAMC Intensive Care Services, VHA Directive 1220(1) requires: “Inpatient intermediate invasive procedures require an ICU with a dedicated intensivist to make daily rounds and provide consultative services; the capability to monitor recovering patients on the ward; medical specialists and services available to care for anticipated complications and co-morbid conditions associated with intracavitary procedures and patients receiving these procedures including nephrology and dialysis, infectious disease, hematology/oncology, pulmonary, cardiology, interventional cardiology and interventional radiology; and immediately available clinicians privileged in thoracic and vascular surgery to respond to foreseeable complications.”

D. Prolonged Interruption of Hemodialysis Services

a. The Cincinnati VAMC is designated a complexity level 1b facility defined by “Very large levels of volume, patient risk, teaching and research” and “level 4 and 5 ICU units” (www.vendorportal.ecms.va.gov).

b. According to VHA Directive 1220(1), this designation requires the ability to provide Nephrology and dialysis services.

c. Prolonged interruption of hemodialysis services might jeopardize the 1b facility designation of the Cincinnati VAMC resulting in a multitude of consequences. These can include but are not limited to the need to initiate waiver processes, change clinical (e.g.

Intensive Care Units operations, surgical case complexities, medical care complexities), educational and research designations and associated factors such as funding.

ACCEPTANCE OF WORK: Completion of all work is subject to the approval of both the Clinical Service Chief/designee and/or the Biomedical Engineering Section personnel. Repair, damage or malfunctions caused by physical damage, massive power failure accidents, negligence, misuse or abuse, weather conditions or any other factor not associated with the reasonable and normal use of the equipment or originating outside of the equipment is not required of the contractor. During the period in which this agreement is in effect, no personnel other than employees of the contractor or CVAMC Biomedical Engineering Section shall perform service or maintenance on the equipment unless specifically authorized by the Contractor.

http://www.vendorportal.ecms.va.gov/

CONDITION OF EQUIPMENT: The Contractor accepts responsibility for the equipment described “as is” condition. Failure to inspect the equipment prior to the contract award will not relieve the contractor of performance of the requirements of this contract.

SAFETY REQUIREMENTS: In the performance of this contract, the Contractor shall take such safety precautions as the Contracting Officer, or his/her designee may determine to be reasonably necessary to protect the lives and health of occupants of the building. The Contracting Officer or his/her designee will notify the contractor of any noncompliance with the foregoing provisions and the action to be taken. The Contractor shall, after receipt of such notice, immediately correct the conditions to which attention has been directed. Such notice, when serviced, on the contractor or his representative at the site of the work, shall be deemed sufficient for appropriate action. If the contractor fails or refuses to comply promptly, the Contracting Officer may issue an order stopping all or part of the work.

REPRESENTATIVES OF THE CONTRACTING OFFICER: The Contracting Officer reserves the right to designate a representative to act for him/her to generally supervise and observe the work performed under this contract. The Chief Renal Section or designee of Medical Services have been designated as the Contracting Officer’s Technical Representative and are authorized to place calls for service that will not conflict with or change the contract requirements. A copy of the designation shall be furnished to the Contractor.

PARTS: Only new standard OEM parts which come directly from the manufacturer shall be furnished by the Contractor. All parts shall be of current manufacturer and shall have full versatility with presently installed equipment. The equipment shall not be modified to accommodate non-standard replacement parts or components. Contractors who choose to ship or store supplies, consumables or parts for use in conjunction with this contract do so at their own risk. The VAMC will not be responsible for the loss, theft, or damage of the items.

Contractor must possess and have access to all applicable technical service manuals for the diagnosis and repair of the equipment identified.

POLICIES AND PROCEDURES. The contractor shall conform to all issues addressed in the VA Medical Staff By-laws and the VA Medical Center Memorandums pertaining to delivery of services.

WORK HOURS. The clinic’s normal business hours are 5:00AM – 4:00PM Monday thru Friday.

Outside normal business hours 5:00AM – 4:00PM, weekends, and holidays. The services covered by the contract shall be furnished by the contractor as defined herein: At a minimum, the Contractor will provide services through monthly scheduled visits, Monday through Friday from 8:00 AM through 4:00 PM, exception: most water system work can only be performed when the Dialysis Unit is closed between 4:00PM to 5:00AM.

Response times for work are still expected to fit the same timeframe as stated earlier outside of normal business hours and holidays. Telephone callbacks within 60 minutes. If issue is deemed urgent (any un-operable equipment), contractor must be on site within 8 hours. Non-urgent (all other issues called in) contractor must be on site within 12 hours. Issue must be completely repaired/resolved within 30 hours of initial call.

HOLIDAYS: VA observes eleven (11) Federal Holidays: New Years Day, Martin Luther King’s Birthday, Presidents Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day.

(Note: Dialysis Unit is closed only on Thanksgiving, Christmas and sometimes New Year’s Day).

PAYMENTS AND INVOICING:

a. Contractor will be paid monthly in arrears. Payment from the VA shall be considered payment in full.

b. VA will review the invoice against its record. VA will notify the contractor of invoice discrepancies.

Upon the resolution of the discrepancies, VA will approve the invoice and make payment to the contractor.

c. When invoicing outside of the regular PM bill/invoice (emergent service calls), vendor must break out labor and material on separate lines.

REPORTING FOR SERVICE: The contractor is to arrive at this facility for service calls during administrative working hours (Monday through Friday 5:00 a.m. to 4:00 p.m., excluding government holidays). Prior to performing any services, the service person shall report to the Police Watch Office, on the 1st floor (across from the Emergency Department) and sign the registration log.

Upon completion of the work, the service person shall leave a legible copy of the service report with the staff in the area (Dialysis Unit or with Engineering Service) and check out through the Police Watch Office.

The reports with the LAL and AAMI test results shall be sent as soon as possible to: Renal Section (111H) Attention: Lisa Inabnitt, Dialysis Unit VA Medical Center 3200 Vine Street Cincinnati, OH 45220 Reports should be emailed, if possible, to Lisa.Inabnitt@va.gov, Megan.Meyer@va.gov, Ganesh.yadlapalli@va.gov, and Kenneth.horgan@va.gov.

EMERGENCY SERVICE VISITS: The Cincinnati Veteran’s Medical Center (CVAMC) will provide first-call screening to determine if there is a legitimate equipment problem. Upon determination of a legitimate equipment problem, the CVAMC will contact the Contractor to arrange a service call. The contractor shall respond by telephone within one hour and shall arrive at the Medical Center within (8) eight hours to service the equipment. The contractor shall perform all the work necessary to ensure that the equipment meets or exceeds the manufacturer’s specifications.

mailto:Megan.Meyer@va.gov mailto:Ganesh.yadlapalli@va.gov

B.3 PRICE/COST SCHEDULE AND ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVIC

ES

QUANTIT

Y

UNI

T UNIT PRICE AMOUNT

1.00 YR ________________ ________________

48117 - MH01-MH04 FLOC#S 0172430666, 0172430667,

0172430668, 0172430669 (MHX PORTABLES)

48117 - WS01 CWP Serial Number 1364296

Contract Period: Base POP Begin: 03-05-2026 POP End: 03-04-2027

0172430668, 0172430669 (MHX PORTABLES)

48117 - WS01 CWP Serial Number 1364296

Contract Period: Option 1 POP Begin: 03-05-2027 POP End: 03-04-2028

0172430668, 0172430669 (MHX PORTABLES)

48117 - WS01 CWP Serial Number 1364296 Contract Period: Option 2 POP Begin: 03-05-2028 POP End: 03-04-2029

0172430668, 0172430669 (MHX PORTABLES)

48117 - WS01 CWP Serial Number 1364296

Contract Period: Option 3 POP Begin: 03-05-2029 POP End: 03-04-2030

1.00 YR ________________

48117 - MH01-MH04 FLOC#S 0172430666, 0172430667,

0172430668, 0172430669 (MHX PORTABLES)

48117 - WS01 CWP Serial Number 1364296

Contract Period: Option 4 POP Begin: 03-05-2030 POP End: 03-04-2031

GRAND TOTAL ________________

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)(DEVIATION OCT

2025)

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

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

and

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

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.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR

2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 10 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed one (1) year.

(End of Clause)

C.4 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(a) Definitions. As used in this clause—

American Security Drone Act-covered foreign entity means an entity included on a list that the Federal Acquisition Security Council (FASC) develops and maintains and publishes in the System for Award Management (SAM) at https://www.sam.gov (section 1822 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Covered article, as defined in 41 U.S.C. 4713(k), means:

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or https://www.sam.gov

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means—

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means—

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled—

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

FASC-prohibited unmanned aircraft system means an unmanned aircraft system manufactured or assembled by an American Security Drone Act—covered foreign entity.

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring…