36C25520Q0793.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. DUNS: DUNS+4:

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. 2/2012)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 56

657-20-3-8543-0161

36C25520Q0793 09-17-2020

Linzie, Mickeya K.|mickeya.linzie@va.gov (913) 946-1989 09-25-2020

11:00 AM CST

36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway

Leavenworth KS 66048

X 100

X

339113

750 Employees

N/A

Department of Veterans Affairs VA St. Louis Health Care System

915 North Grand Blvd.

St. Louis MO 63106

36C255

Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway

Leavenworth KS 66048

36C255

Financial Services Center http://www.fsc.va.gov/einvoice.asp

Austin TX

877-353-9791 512-460-5429

See CONTINUATION Page

Vendor shall provide Ceiling Mounted Patient Lifts for the VA St. Louis Health Care System in accordance with the Statement of Work.

This is a 100% small business set-aside.

This is a brand name requirement and only Guldmann products will be considered.

Vendor must have authorization to re-sell and install the requested Guldmann equipment.

A site visit is scheduled for Monday 9/21/2020 at 1:00PM CST. The POC is Jack Wright; (314) 652-4100 ext.

54986; jack.wright1@va.gov.

Technical questions are due by Tuesday 9/22/2020 at 1:00PM and shall be emailed to mickeya.linzie@va.gov.

See CONTINUATION Page

657-3600160-8543-825500-3131 0100501X3

X X

Michael Murphy Contracting Officer

36C25520Q0793

Table of Contents

SECTION A ...................................................................................... Error! Bookmark not defined.

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS . Error!

Bookmark not defined.

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

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

2018)

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

C.3 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (DEVIATION 2019-

01)

C.4 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.5 VAAR 852.212-71 GRAY MARKET ITEMS (APR 2020)

C.6 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JUN 2020)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018)

E.2 INSTRUCTIONS TO OFFERORS

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.3 52.214-21 DESCRIPTIVE LITERATURE (APR 2002)

E.4 VAAR 852.223-70 INSTRUCTIONS TO OFFERORS—SUSTAINABLE

ACQUISITION PLAN (SEP 2019)

E.5 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED

BY REFERENCE (JAN 2008)

E.6 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (JUN 2020)

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:

Offeror DUNS #:

Company Name and Address:

Point of Contact:

Phone Number:

Email Address:

b. GOVERNMENT: Contracting Officer 36C255

Network Contracting Office (NCO) 15 3450 S 4th Street Leavenworth, KS 66048

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with 52.232-33, Payment by Electronic Funds Transfer— System For Award Management.

3. INVOICES: Invoices shall be submitted in arrears UPON ACCEPTANCE OF ORDER

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.

Department of Veterans Affairs Financial Services Center http://www.fsc.va.gov/einvoice.asp Austin TX

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

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4.00 EA $________ $________

Equipment and hardware for GH3+ 770 lb. w/ integrated scale; continuous charge X-Y ceiling mounted patient lift up to 9'10" x 9'10", rooms 110A, 110B, B606, B608

2.00 EA $________ $________

Equipment and hardware for GH3+ 770 lb. w/ integrated scale; continuous charge X-Y ceiling mounted patient lift up to 19'8" x 19'8", room: A163 stations 8-9, and stations 5-6

Installation of GH3+ continuous charge X-Y ceiling mounted patient lift, rooms: 110A, 110B, B606, B608

Installation of GH3+ continuous charge X-Y ceiling mounted patient lift up to 19'8" x 19'8, room A163 stations 8-9 and stations 5-6

1.00 EA $________ $________

GH3 lift system installed on wall studs; 4m x 4m continuous charge with scale for prosthetics

GH3 lift system installed on wall studs; 6m x 6m continuous charge with scale for prosthetics

Installation of GH3 lift system installed on wall studs; 4m x 4m continuous charge with scale in prosthetics

Installation of GH3 lift system installed on wall studs 6m x 6m continuous charge with scale for prosthetics

New Install of GH3+ (605 lb.)

with scale, X-Y Trainer module system with power locks up to 6m x 6m in JC 3rd flr. PT room A346

New Install of GH3+ (605 lb.)

with scale, X-Y Trainer module system with power locks up to 5m x 5m in JB 53N2 PT Area

Upgrade Install of GH3+

(605 lb.) with scale, Trainer module system with power locks, in JB A360 (1) and JB

SCI (3)

Labor for new Install of GH3+

(605 lb.)with scale, X-Y Trainer module system with power locks up to 6m x 6m in JC 3rd flr. PT room A346

Labor for new Install of GH3+

(605 lb.)with scale, X-Y Trainer module system with power locks up to 5m x 5m, in JB 53N2 PT Area

Labor for upgrade Install of GH3+ (605 lb.)with scale Trainer module system with power locks, in JB A360 (1) and JB SCI (3)

2.00 EA $_______ $________

Equipment and hardware for

GH3+ 770 lb. w/ integrated scale continuous charge X-Y ceiling mounted patient lift up to 9'10" x 9'10"

Installation of GH3+ continuous charge X-Y ceiling mounted patient lift

GRAND

TOTAL

B.3 STATEMENT OF WORK

Background:

The VA Saint Louis Health Care System (VASTLHCS) is soliciting a contractor to furnish all design, site evaluation, labor, materials, and equipment to install permanent ceiling mounted patient care lifts in existing facilities. Many hospital buildings were constructed in the early 1900- 1950’s and have limited above ceiling clearance. Additionally, numerous utility systems occupy this space and must be considered when installing new equipment above the ceiling. It is strongly recommended that the ceiling lift contractor perform a thorough site evaluation prior to submitting a proposal.

Scope of Work:

The Contractor shall provide a technical and cost proposal for turn-key services to install patient lift systems in accordance with this scope of work. This cost proposal shall be for providing installation of all new and removal/de-installation of all lift system equipment including but not limited to; slings, lift devices, rails, support material, bracing and all other associated components required for complete, functional installation for lift systems in the following VASTLHCS locations:

John Cochran (JC) Division Ceiling Lift Requirements:

1. 1st floor Chronic Dialysis Room A163 (19'8" x 19'8" dimensions-one system)

2. 1st floor Chronic Dialysis Room/Stations 8-9, and Stations 5-6 (19'8" x 19'8" dimensions-one system)

3. 1st floor Emergency Room 110A (9'10" x 9'10" dimensions-one system)

4. 1st floor Emergency Room 110B (9'10" x 9'10" dimensions-one system)

5. 4 North Room A465 (9'10" x 9'10" dimensions-one system)

6. 4 North Room A468 (9'10" x 9'10" dimensions-one system)

7. 6th floor Acute Dialysis Room B606 (9'10" x 9'10" dimensions-one system)

8. 6th floor Acute Dialysis Room B608 (9'10" x 9'10" dimensions-one system)

All of the above areas require single motor ceiling lift systems in each location that must support a patient up to 700lbs or more with a continuous charge ceiling lift traverse rail (X-Y room covering) system.

9. 3rd floor Physical Therapy (PT) Room A346 (up to 6m x 6m in size-2 systems total in this one location). Requires (2) ceiling lift systems that must be able to support a patient up to 600 pounds or more per system and be able to dynamically unload up to 100kg of patient body weight in an active manner/mode with the use of a controller. This module must be able to be display the patient’s weight or include an accessory that can display the weight of the patient. These (2) PT

X-Y systems must also include locking traverse/motor power locks per system which have the capacity to lock the ceiling lift motor and traverse rail independently or separately.

Jefferson Barracks (JB) Division Lift Systems Requirements:

1. Building 23 Prosthetics Amputee Clinic Room 107 (up to 6m x 6m dimensions-one system)-Requires a single motor ceiling lift system that must support a patient up to a 700 pounds or more with a continuous charge ceiling lift traverse rail (X-Y room covering) system and must also include locking traverse/motor power locks, which have the capacity to lock the ceiling lift motor and traverse rail independently or separately.

2. JB Building 23 Prosthetics Exam room 105 (up to 4 x 4m dimensions-one system)- Requires a single motor ceiling lift system that must support a patient up to 700 pounds or more with a continuous charge ceiling lift traverse rail (X-Y room covering) system.

3. JB Building 53N2 PT Gym A346 (up to 5m x 5m in size-one system). Requires (1) new ceiling lift system that must be able to each deliver up to a 600 pounds or more per system and be able to dynamically unload up to 100kg of patient body weight in an active manner/mode with the use of a controller. This module must be able to be turned on and off by the caregiver with the use of a controller and display total patient weight level relieved and training time duration or provide an accessory that displays these results. This PT X-Y system must also include two locking traverse/motor power locks per system which have the capacity to lock the ceiling lift motor and traverse rail independently or separately.

4. JB Building 53N2 PT Area Room A360 (single motor replacement)-Requires a single new ceiling lift motor that must be able to each deliver up to 600 pounds or more per system and able to dynamically unload up to 100kg of patient body weight in an active manner/mode with the use of a controller. This module must be able to be turned on and off by the caregiver with the use of a controller and display total patient weight level relieved and training time duration or provide an accessory that can display these results. This PT X-Y training system must also include two locking traverse/motor power locks which have the capacity to lock the ceiling lift motor and traverse rail independently or separately.

5. JB Building 52 SCI 52N2 PT gym (3 single motor replacements)-Requires replacement of

(3) existing ceiling motors and adds power locks that must be able to each deliver up to a maximum 600 pounds or more lifting capacity per system and able to dynamically unload up to 100kg of patient body weight in an active manner/mode with the use of a controller. This module must be able to be turned on and off by the caregiver with the use of a controller and display total patient weight level relieved and training time duration or provide an accessory that can display these results. This PT X-Y training system must also include two locking mechanisms per ceiling lift per which have the capacity to lock the ceiling lift motor and traverse rail independently or separately.

This proposal shall also be for installation of the lift systems including but not limited to any required plans, engineering details and documents, tools, labor, testing, training, cleaning supplies, containment systems, etc. The rail systems must be designed, constructed, and installed in an X-Y (room-covering) design; in such a manner as to allow for maximum utilization of patient room space. Operation of the system must be smooth with no fast or jerky starts and stops. Operation of the system must allow for adequate lifting height allowing for transfer of patient from bed. Track systems shall be self-supporting either from the ceiling or from a post mounted system as required due to existing conditions. Existing hangers, Unistrut, or other support components shall not be utilized to support the lift tracks. No existing utility systems or supports shall be used for support or for bracing of the lift system. All new supports must be connected directly to building structural components.

Technical Requirements:

1. Contractor shall provide a plan for each room detailing location of lift rails, support structure above, and means of attachment. The lift systems must meet or exceed seismic bracing requirements as outlined in the VA Seismic Guidelines (H18-8). A written report certifying compliance with this standard shall be provided to the facility for each lift installation.

2. Door frames are not to be cut or modified. If contractor proposes to cut or modify an existing door frame, documentation supporting this practice and providing modification procedures must be provided and certified by a licensed structural engineer and accepted by the

VA.

3. All lifts shall be weight tested prior to acceptance. Test weight shall be 150% of rated capacity and shall be applied to all points of suspension and traverse rail. Prior to testing, contractor shall submit rail deflection testing standards to the VA. Testing shall be observed by the VA COTR and a written report shall be provided following each test. The report shall include deflection measurements taken at locations of maximum deflection during the weight test. All deflection points shall be within defined code limitations.

4. For patient safety purposes, Ceiling Lift certified contractor will not perform any work/preventive maintenance inspections in an area/room occupied by a patient. Unless otherwise approved by contract COR (or designee), Ceiling Lift certified contractor will be required to perform all work during the hospital normal business hours (M-F 8:00 AM – 4:30 PM) excluding federal holidays. Contractor will provide all travel, labor, parts, test equipment (to include weight set), tools, and incidentals necessary to perform all required inspection services. Any overtime needed that would cause an increasing in invoicing must receive prior approval by the VISN Contracting Officer, through the COR (or designee).

5. All services for this contract must meet manufacturer's performance and technical specifications, Federal Regulations, and other specifications that may apply such as National Electric Code (NEC), Life Safety Code (LSC), Joint Commission (JC), and VA Regulations. There is a potential for exposure to blood borne or other infectious material with equipment throughout the hospital.

6. All contractor maintenance persons must use the “Universal Precautions” during cleaning and maintenance/repair procedures required by this service request. Contractor will be responsible for providing their own Personal Protective Equipment as applicable.

7. A Ceiling Lift certified contractor must annotate all aspects of annual inspection performed on the Ceiling Lift annual inspection checklist to include: date and time of completed preventive maintenance; type, model, and serial number of the lifting system on which preventive maintenance was performed, maintenance performed and all repairs and/or repair parts (if applicable) used to maintain operating efficiency per manufacture specifications of the equipment.

The Ceiling Lift contractor will also complete checklists for Installation or Relocation Checklist for

Ceiling Mounted Patient Lifts and/or Corrective and Preventive Maintenance Checklist for Ceiling Mounted Patient Lifts as outlined in VACO Patient Safety Alert AL14-07PSA. The applicable checklist must be completed and signed by the inspector/technician, the facility representative, and the unit manager where the work is done. The annual inspection checklist along with the VA inspection checklists (as applicable) shall be sent to the applicable facility POC (BMET, Facilities, or SPHM Facility Coordinator).

8. Final equipment certification shall be provided in writing prior to acceptance by the VA.

9. Any lift installation that modifies the function of a room’s privacy curtains shall be addressed by lift installer. The mitigation plan must be submitted to and approved by the VA.

10. Lift installation shall include dust containment during installation. All rooms shall be returned to the VA in their original condition. Any damage inflicted shall be corrected by the contractor. Contractor shall provide tacky mats at each entrance to the area where work is being done. Upon completion of installation all surfaces shall be vacuumed and/or wet wiped to remove dust/debris.

11. Ceiling Lift certified contractor will be required to perform a complete and comprehensive Preventive Maintenance Inspection on any/all patient overhead lifting systems in the VASTLHCS that will meet and comply with original equipment manufacturer certification specifications and also include deflection testing as required in Veterans Affairs Central Office (VACO) Patient Safety Alert AL14-07PSA Checklists for Installation or Relocation Checklist for Ceiling Mounted Patient Lifts and/or Corrective and Preventive Maintenance Checklist for Ceiling Mounted Patient Lifts.

Contractor shall provide the following to be considered for award:

1. Disclosure of all Tort claims against vendor either pending or resolved regarding proposed system.

2. Education/Training Plan by vendor on use of all equipment, after installation completion, with specific timelines - all shifts, all areas and possibly refresher courses. Include training plan for Bio-Medical staff which details any annual weight testing/inspection requirements required system warranty/certification.

3. Standardization of location of charging units in identified rooms.

4. Written plan for installation of track lift system as applicable including mechanical anchor designs.

5. Written plan for modifying existing structural, mechanical, electrical and other infrastructure systems if necessary.

6. Provide drawings to show how rail system will be anchored to the structural concrete.

7. Provide a specific timeline for installation.

8. Provide an installation Infection Control Plan that meets the facility’s infection control risk assessment requirements.

9. Provide an Installation Plan including phasing and indicating time per unit with minimum interference with patient care. Example: installed on days when patient population is down, possibly weekend or Monday and Friday. The least amount of disruption to patient’s comfort and care is expected.

10. Provide Plan of Equipment Certification after install.

11. Provide Plan reflecting availability of vendor for follow- up, to include but not limited to repairs, adjustment, sling replacement after installation is complete; and address after hours and weekend response during warranty period.

12. Initial set up must include expendable accessories, such as slings.

13. Shall submit enough product information to allow the Government to evaluate the product(s) being offered.

Personnel Qualifications:

Contractor personnel performing preventive maintenance inspections and repair services must be fully qualified as per the original manufacture technical certification requirements. Listing of equipment to be covered under the Required Services as stated in paragraph1 above.

This will be awarded based on the best value to the Government. The best value analysis will be an analysis based on the above required information. A site visit is required to be considered for award. To schedule a site, visit please contact the appropriate VASTLHCS SPHM Facility Coordinator/Project Engineer/BMET office.

Additional Contract Administration Information:

All contract administration functions will be retained by the Department of Veterans Affairs. The Contracting Officer will be the only person authorized to approve changes or modify any of the requirements under this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer will be authorized to make commitments or issue changes that affect price, quantity, or quality of performance of this contract. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered unauthorized and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

Acronyms and Definitions CDR: Contract Discrepancy Report. Report issued by the Government to the contractor to document a supply or service found to be unacceptable during contract performance.

CLIN: Contract Line Item Number. Unit of work (or service) to be performed (or delivered) by the contractor as a pay item.

CO: Contracting Officer. A person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

POC: An individual, authorized by the contracting officer to perform specific technical or administrative functions related to the contract.

QA: Quality Assurance. Actions taken by the government to assure contracted services meet PWS requirements.

QASP: Quality Assurance Surveillance Plan. A written document specifying the method used for surveillance of contractor performance.

PWS: Performance Work Statement.

Hours of Operations

Business hours for the VAMC follow:

a. Administrative hours: Monday through Friday, 8:00 a.m. - 4:30 p.m.

• National Holidays: The 10 holidays observed by the Federal Government are:

• New Year’s Day;

• Martin Luther King’s Birthday;

• Presidents Day;

• Memorial Day;

• Independence Day;

• Labor Day;

• Columbus Day;

• Veterans Day;

• Thanksgiving;

• Christmas; and

• any other day specifically declared by the President of the United States to be a national holiday.

b. Off-Duty hours: Monday through Sunday 4:30 pm – 8:00 am.

SECTION C - CONTRACT CLAUSES

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

ITEMS (OCT 2018)

(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 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 32.608-2 of the Federal Acquisition Regulation 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; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 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

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:

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

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

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

(End of Clause)

FAR

Number

Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

JUL 2016

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

DEC 2013

C.3 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE

(DEVIATION 2019-01)

(a) Definition. "Small business concern," as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(b) Applicability. This clause applies only to—

(1) Contracts that have been totally set aside or reserved for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(d) Agreement.

(1) For a contract at or below the simplified acquisition threshold, a small business concern may provide the end item of any firm. For a contract exceeding the simplified acquisition threshold and the requirements of paragraphs (d)(1)(i) through (iii) of this clause have not been waived by SBA in accordance with 13 CFR 121.1204, a small business concern that provides an end item it did not manufacture, process, or produce, shall—

(i) Provide an end item that a small business has manufactured, processed, or produced in the United States or its outlying areas;

(ii) Be primarily engaged in the retail or wholesale trade and normally sell the type of item being supplied; and

(iii) Take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice; for example, providing storage, transportation, or delivery.

(2) Paragraph (d)(1) of this clause does not apply to construction or service contracts.

(End of Clause)

C.4 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

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

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

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

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

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

[] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

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

[X] 852.215–71, Evaluation Factor Commitments.

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

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

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

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

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

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

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

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

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

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

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

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

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

[] 852.233–71, Alternate Protest Procedure.

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

[X] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

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

[] 852.270–1, Representatives of Contracting Officers.

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

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

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

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

[] 852.273–74, Award without Exchanges.

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

[] 852.237–74, Nondiscrimination in Service Delivery.

C.5 VAAR 852.212-71 GRAY MARKET ITEMS (APR 2020)

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

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

(End of Addendum to 52.212-4)

C.6 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS

(JUN 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

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

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L.

115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115–232).

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

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

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C.

3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved]

[] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

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

[] (10) [Reserved]

[] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-4.

[] (13) [Reserved]

[] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

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

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

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

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

[] (17)(i) 52.219–9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (JUN 2020) of 52.219–9.

[] (v) Alternate IV (JUN 2020)…