36C25524R0115_JB.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

589-24-1-7311-0046

36C25524R0115 08-12-2024

Barton, Jessica jessica.barton1@va.gov (913)946-1987 08-26-2024 4:00pm CDT

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

Leavenworth KS 66048

X 100

X

339113

800 Employees

N/A

X

Department of Veterans Affairs Harry S. Truman Memorial Veteran's Hospital 800 Hospital Drive Columbia MO 65201-5275

36C255

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

Leavenworth KS 66048

36C255

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

Austin TX

877-353-9791 512-460-5429

See CONTINUATION Page

Upgrade/Renovation of Operating Room equipment and technology at the Columbia VAMC, per the attached PWS and Price/Cost Schedule.

This procurement is for Stryker equipment/upgrade and installation - Brand Name Only.

This is a total SDVOSB set-aside.

Evaluation Criteria: Best Value.

This requirement is using an individual NMR waiver for the Stryker manufactured equipment (13 C.F.R. § 121.1206).

POC for this action is Jessica D. Barton at jessica.barton1@va.gov

See CONTINUATION Page

X X

X 1

Jessica D. Barton Contracting Officer mailto:jessica.barton1@va.gov mailto:jessica.barton1@va.gov

36C25524R0115

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 PERFORMANCE WORK STATEMENT (PWS)

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

B.4 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

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

C.3 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023)

C.4 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED SERVICE-

DISABLED VETERAN-OWNED SMALL BUSINESSES (NOV 2022)

C.5 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (JAN 2023)

(DEVIATION)

C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.7 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 27

C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2024)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 See attached document: Attachment A - Breakdown of Line Items D.2 See attached document: Wage Determination No 2015-5079, Revision No 21, Dated 12-26-23 D.3 See attached document: 36C255-24-AP-0736_Stryker Brand OR Equipment Upgrade_JA_JB_HH -1 Rev 2_HCA

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.4 52.216-1 TYPE OF CONTRACT (APR 1984)

E.5 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.6 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

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

1998)

E.8 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.9 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

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 36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth KS 66048

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

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

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Upon delivery, installation, and acceptance

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

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

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

AMENDMENT NO DATE

http://www.fsc.va.gov/einvoice.asp

B.2 PERFORMANCE WORK STATEMENT (PWS)

OR Renovation Project

1. INTRODUCTION

The Harry S. Truman Memorial Veteran’s Hospital, located in Columbia, MO, has a requirement for a complete upgrade/renovation of their Operating Room equipment. This is an upgrade to the existing equipment that shares all the same pre-install requirements, SPD processes, and above ceiling mounts or structures.

2. SCOPE OF WORK

• Replace the existing lights, booms, integration, monitors and video equipment with the equipment listed below.

• Contractor shall provide and install all equipment (brand name) listed below.

Stryker is the direct manufacturer of the products.

• Shipping, Delivery, and Installation shall be completed NLT 6 months ARO

• This project includes but is not limited to the following work elements; All labor, equipment, materials, and incidentals shall be furnished by the contractor. No alterations, additions or deletions shall be made unless prior written approval is given by the Contracting Officer (CO). Under no circumstances is the contractor to begin any work on the project until the federal government provides a contracting officer signed Notice to Proceed is issued through the contracting office. All work must be in accordance with the most current Healthcare and VA Specifications procedures unless expressed written permission is received from the Contracting Officer Representative for approval of an exemption.

• Work is to be performed during normal business hours: Monday through Friday, 7:30AM- 4:30PM except when approved in advance by the Contracting Officer.

3. DELIVERABLES – All equipment is Brand Name Only. Please review the deliverables below and reference Attachment A – Breakdown of Line Items for inclusion.

CLIN 0001 - 540-degree Universal Display Monitor Suspension Manufacturer: Stryker

QTY:21

Requirements:

• 540˚ of rotation for optimal maneuverability

• Flexible design system will accommodate 19” – 32” monitors

• Allows display to be rotated laterally and lifted out of the way when not in use to maximize work space

• Features a protective cover that shields monitor cables and provides a smooth, clean surface

CLIN 0002 - SPY-PHI Handheld Fluorescence Imager Manufacturer: Stryker

QTY: 1

Requirements:

• The Spy portable handheld imager and video processor illuminator

• Indicated for breast sentinel lymph node mapping

• Quantitative analysis capable

• Assist surgeons in the visual assessment of blood flow in vessels and related tissue perfusion during plastic, microsurgical, reconstructive, and gastrointestinal procedures.

• Assists surgeons in the mapping and excision of sentinel lymph nodes in early-stage breast cancer, cervical cancers, and uterine cancers.

• Assists surgeons in assessment of graft patency and distal myocardial perfusion in coronary artery bypass graft procedures (CABG)

• 1080p resolution at 60fps is designated to provide realistic color reproduction and results in a sharp, highly detailed image

• Flexible working distance and wide imaging field allows clinicians to assess perfusion using a wide range oof viewing distances

• Multiple visualization modes combine enhanced fluorescence signal information with vivid white light images in real-time. Ambient light immunity ensures that the operator can work fluidly without disrupting activities around the surgical table

CLIN 0003 - 1788 Camera Control Unit Manufacturer: Stryker

QTY: 6

Requirements:

• Directly interfaces and is controlled by already installed Connected OR Hubs

• Directly interfaces and controls already installed PneumoClear CO2 Conditioning

Insufflators

• Indicated for non-small cell lung cancer mapping

• Indicated for ovarian cancer mapping

• Fully controllable by the 1788 camera head, Connected OR Hub, and Nurses Touch

Panel

• HDR Capable (High Dynamic Range)

• 10-bit color reproduction

• True 4K System with SPY Technology

• High-Definition video with 1920x1080p native resolution

• Scalable to accommodate future advancements in peripheral device integration and control

• Intuitive capacitive touch screen LCD interface for ease of operation

• 10 cross-specialty settings for optimal color reproduction and brightness

• Compatible with IRIS Ureteral Stents that when placed, emits infrared light that can only be detected by this camera system. This technology enables surgeons to visualize critical anatomy (ureters) that, if cut, can have fatal consequences

• 4K Fluorescence and capability to perform real-time endoscopic visualization and near-infrared fluorescence imaging with activation of SPY

• 5 distinct advanced imaging modes (Spy Overlay, Spy ENV, Spy Contrast, Spy CSF, CSI)

• SPY Overlay integrates white-light image with fluorescence in real time.

• Color overlay is 120 frames per second, two times faster than the average image

• Surgeons can utilize Spy Overlay as an “operative mode”

• Endoscopy Near Infrared Fluorescence Visualization (ENV) displays image in greyscale with green overlay. This fluorescence modality enhances visualization of blood flow, tissue perfusion, and biliary ducts

• SPY Contrast displays an incredibly detailed, high-contrast visualization of fluorescence in black and white

• SPY Color Segmented Fluorescence (CSF) provides a color gradient image highlighting variable levels of fluorescent signal and ICG concentrations

• Cyan Spectral Imaging (CSI)

CLIN 0004 - 1788 Integrated Camera Head Manufacturer: Stryker

QTY: 10

Requirements:

• Directly interfaces and controls already installed PneumoClear CO2 Conditioning Insufflators

• Indicated for non-small cell lung cancer mapping

• Indicated for ovarian cancer mapping

• HDR (High Dynamic Range)

• 10-bit color reproduction

• CF-rated camera (cardiac-floating)

• 4K Fluorescence Imaging Capable

• 4 programmable buttons

• CMOS 3-Chip camera technology designed for enhanced light sensitivity and increased patient safety

• Integrated Device Control from the camera head

• Programmable camera head to control pictures, video, and light source

• Ergonomic, lightweight design for minimally invasive surgery

CLIN 0005 - L12 Light Source with Advanced Imaging Modality

QTY: 6

Requirements:

• Directly interfaces and is controlled by already installed Connected OR Hubs

• Integrates with existing “SafeLight” light cable technology currently utilized in OR

• Fully controllable by the 1788 camera head, Connected OR Hub, and Nurses Touch

Panel

• Defogging feature integrated for use in arthroscopic procedures

• NIR ICG Capable

• Safelight technology deactivates the L12 light source when the endoscope is disconnected from the light cable to mitigate patient and drape burns

• Auto-light technology: real-time adjustment of light output to optimize visualization in every surgical scene (manual-only light adjustment can be activated)

• Two NIR lasers for advanced imaging

• IRIS Laser: Infrared Lighted Ureteral Stent to assist in ureter identification and damage mitigation

• SPY fluorescence laser excites ICG, and enables visualization of blood flow, tissue perfusion, biliary mapping, any on-label lymphatic mapping in gyn-oncologic procedures, and mapping of any on-label indicated cancers when used in conjunction with the 1788

• White-ring technology indicates a properly seated light cable for best light and fluorescence

CLIN 0006 - SLX Surgical Light

QTY: 26

Requirements:

• Future ready with modular and scalable suspension prepared for future generations

• 29.6 in (75 cm) light head diameter

• 104 LEDs

• 160,000 lux illumination level at all color temperatures for maximum brightness

• 96 color rendering index (Ra)

• 360 degrees rotation

• Intuitive wall, cardanic and sterile control options for surgeons and staff

• Compatible with Stryker integration systems, allowing for complete control from the touch panel or by voice

• Medical grade glass lens & aluminum alloy light head composition

• Allows for even air flow and circulation around light head; compliant with global laminar flow standards

• Color temperature options: 3600K, 4000K, 4500K, 5000K

• 650 overlapping light beams for optimal shadow elimination

• Upgraded touch panel wall control for lights and in-light camera

• Sterile control handle with customizable controls (brightness, color temperature, spot size, power)

• Options for sterilizable handles or disposable handles

• Infinite rotation at light head

• EndoLite ambient room lighting integrated into the suspension to increase visual comfort during MIS procedures

CLIN 0007 - 32” 4K OLED Monitor Manufacturer: Stryker

QTY: 27

Requirements:

• Directly interfaces and is controlled by already installed Connected OR Hubs

• Native resolution of 3840 (H) x2160 (V)

• Response time of 0.1ms

• 10bit color depth

• OLED Technology (Organic Light Emitting Diode)

• 1,000,000:1 contrast ratio

• Capable of emitting over 1,000,000,000 different colors

• 4K pixel density offers a bright, colorful viewing experience

• 14 lbs. for easy installation in both integrated and cart-based rooms

• Anti-reflective and anti-fingerprint coating

• Multiple input options for use with a variety of visualization equipment

• Full integration with 1788 4K System to control surgeon profiles to include monitor settings and on screen displays for a consistent, seamless OR experience

• Integrated device control software compatible with the Connected OR Hub for sterile field control of monitor including picture in picture and picture by picture (PIP & PBP)

• 14 customizable surgical display color profiles

CLIN 0008 - S-Series Boom

QTY: 18

Requirements:

• Capacitive touch brake control provides an intuitive one-step operation with “grab and go” handles

• Full electric brake system eliminates the need to pipe N20/Air specifically for brake control

• Powered and manual vertical articulating arm options

• Ability to combine an all-electric brake system with vertical articulation

• 330˚ rotation

• Meets NFPA 70 2011, NFPA 99 2012, and UL 60601-1 standards

• Footprint no larger than 12” on each side

• 175lbs shelf weight capacity

• One-tool easy access panel for servicing and post-install changes

• Gas services in at least three manufacturers

• Variety of connection and high-voltage outlet types (color and connection)

• Gas hose assemblies are UL1331 compliant

• Ability to free pull low-voltage Stryker cables for increased throat capacity in the boom

• KEZR and KEXS isolated power

• Triple Redundant ground system

• TC Integrated Mounting Suspension utilizes a single mounting location for multiple boom, light and flat panel combinations, reducing initial construction costs by minimizing need for additional structure

• Arms (vertical & horizontal) are customized for OR design and needs

• In-field replaceable service head

• Expandable gas and data capabilities allows services to be added to installed boom in the field

• Three different shelving options

• Over 400 accessory options

CLIN 0009 - Connected OR IP Integration

QTY: 8

Requirements:

• Zero Footprint OR” solution to reduce room clutter and create more clinical space

• 3D, 4K, and 8K ready – modular, scalable and future proofed for emerging technologies

• Uncompressed True 4K capability

• 48-Port Switch for scalability

• Analog & Digital encoders (no third-party scalers)

• Multiple install options (in-room, adjacent, remote)

• Seamless “Device Control” with an intuitive user interface that adds clinical value:

insufflator, light source, pump, camera, annotations, etc.

• Endless future possibilities with uncompressed data (Data analytics, AI, machine learning, etc.)

• Minimal OR downtime with remote install options

• Intuitive control and routing of audio, video and data sources from a central touch panel monitor

• “One Touch Button” for turning the Suite On/ Off

• Surgical Checklist (time‐out) Integration which engages team members during surgical time‐outs by broadcasting a pre‐surgical checklist to all monitor screens

• High-Definition Digital Video Interface Preview

• Picture‐in‐Picture (PIP), Picture‐by‐Picture (PBP), Quad view allowing no more than four video signals to be displayed on one monitor simultaneously

• Presets available to configure for surgeons or cases

• Route any image to any monitor with the touch of a button

• Single Keyboard/Video/Mouse (KVM) solution for up to three (3) PCs (Nurses PC, etc.)

• Connects to multiple room speakers to provide audio from multiple sources (e.g. iPod, Sirius‐Satellite radio, etc.)

CLIN 0010 – Delivery, Installation, and Project Management Manufacturer: Stryker

QTY: 1

Requirements:

• Remove existing Stryker booms, lights and integration. Provide Stryker prescribed preinstall work necessary to prepare for Stryker In-Room IP Solution and the boom and light upgrade in the 8 ORs. Scope of work includes infection control, structural, electrical, med gas, and finish work in areas where work is performed necessary to support the installation of the Stryker equipment.

Equipment and necessary cabling to be installed by Stryker certified technical only.

• The COR will be required to do a post-installation inspection upon project completion.

• The vendor’s COR is to be present to conduct the final inspection.

• Installation needs to be coordinated with COR.

• The installation shall occur Monday-Friday between the hours of 8:00 AM 4:30

PM or off-tour and on weekends/Holidays as necessary to reduce impact on direct patient care at the hospital. Times can be altered to evenings and weekends/holidays with proper notice to COR. Elevator use cannot interfere with patient care and clinical appointments.

• To complete this project without interrupting high trafficked areas and patient care, install times must be factored into labor costs in bid quote per Vendor Obligations.

• Changes to proposed schedule must be agreed upon by the Contracting Officer and the appointed COR, and evaluated for cost implications, prior to any change being made.

• Trained and Certified installation team to install equipment on the Stryker provided preinstallation plates.

• Upon completion, a Certified installer to conduct a comprehensive quality inspection procedure to ensure functionality of the entire Stryker comprehensive operating room system.

• Vendor to follow standard project management and construction principles. All trades to be qualified and licensed in the state of MO. Infection control procedures to be reviewed by qualified infection preventionist.

• Installer Qualifications: A company specializing in security products and services to include installation.

• Labor to be furnished by contractor/vendor.

• All work shall be completed in accordance with local, state, federal and VA specific laws and regulations

• All work shall be completed within contractual agreement

• Secure VA Temporary Badge and security clearance for all contractors, scheduled through VAH PIV Office. Must have a valid identification card.

• Leave all work areas in clean and orderly condition.

• Vendor to provide a dedicated construction and equipment project manager to coordinate with all departments, personnel, and installation teams, schedule all deliveries and coordinate logistics, provide a detailed project schedule presented before job start and agreed upon by the clinical staff, hold regularly scheduled project progress meetings and provide on-site supervision of all staff and trades and daily progress updates to be distributed to all stakeholders.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

21.00 EA __________________ __________________

540-degree Universal Display Monitor Suspension Manufacturer: Stryker PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

1.00 EA __________________ __________________

SPY-PHI Handheld Fluorescence Imager Manufacturer: Stryker PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

6.00 EA __________________ __________________

1788 Camera Control Unit Manufacturer: Stryker PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

10.00 EA __________________ __________________

1788 Integrated Camera Head Manufacturer: Stryker PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

6.00 EA __________________ __________________

L12 Light Source with Advanced Imaging Modality Manufacturer: Stryker PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

26.00 EA __________________ __________________

SLX Surgical Light

PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and

Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

27.00 EA __________________ __________________

32” 4K OLED Monitor Manufacturer: Stryker PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

18.00 EA __________________ __________________

S-Series Boom Manufacturer: Stryker PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

8.00 EA __________________ __________________

Connected OR IP Integration Manufacturer: Stryker PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

1.00 JB __________________ __________________

Delivery, Installation, and Project Management Manufacturer: Stryker PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

GRAND TOTAL __________________

B.4 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

ALL SHIP TO: Department of Veterans Affairs Harry S. Truman Memorial Veteran's Hospital 800 Hospital Drive

ALL 6 Months ARO /

NTP

Columbia, MO 65201 5275

USA

MARK FOR: Tyler C. Wells (573)814-6000 ext 56330 tyler.wells2@va.gov

MARK FOR: Paul L. Weber (573)814-6573 paul.weber@va.gov

FOB: DESTINATION

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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

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

and

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. 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 52.252-2 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):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

FAR

Number

Title Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS NOV 2023

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.228-5 INSURANCE—WORK ON A GOVERNMENT

INSTALLATION

JAN 1997

52.242-17 GOVERNMENT DELAY OF WORK APR 1984

852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE DEC 2022

852.203-70 COMMERCIAL ADVERTISING MAY 2018

852.246-71 REJECTED GOODS OCT 2018

C.3 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB

2023)

(a) No used, refurbished, or remanufactured supplies or equipment/parts shall be provided.

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

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

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

(End of Clause)

C.4 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (NOV 2022)

(a) Definition. for the Department of Veterans Affairs, ‘‘Service-disabled Veteran-owned small business concern or SDVOSB’’:

(1) Means a small business concern—

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

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

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been verified for ownership and control pursuant to 38 CFR part 74 and is listed in VA’s Vendor Information Pages (VIP) database at https://www.vetbiz.va.gov/vip/;

and

(v) The business will comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size and government contracting programs at 13 CFR parts 121 and 125, provided that any reference therein to a service-disabled veteran-owned small business concern or SDVO SBC, is to be construed to apply to a VA verified and VIPlisted SDVOSB, unless otherwise stated in this clause.

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

(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term ‘‘small business concern owned and controlled by Veterans with service-connected disabilities’’ has the meaning given the term ‘‘small business concern owned and controlled by service-disabled veterans’’ under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)), except that for a VA contract the firm must be listed in the VIP database (see paragraph (a)(1)(iv) of this clause).

(b) General.

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

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

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

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

(d) Agreement. When awarded a contract action, including orders under multipleaward contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting requirements in 13 CFR 121.406(b) and 13 CFR 125.6. Unless otherwise stated in this clause, a requirement in 13 CFR parts 121 and 125 that applies to an SDVO SBC, is to be construed to also apply to a VIP-listed SDVOSB. For the purpose of limitations on subcontracting, only VIP-listed SDVOSBs (including independent contractors) shall be considered eligible and/or ‘‘similarly situated’’ (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required certification requirements in this solicitation (see 852.219–75 or 852.219–76 as applicable). These requirements are summarized as follows:

(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not VIP-listed SDVOSBs (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/ VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases).

When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(2) Supplies/products.

(i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not VIP-listed SDVOSBs. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(ii) In the case of a contract for supplies from a non-manufacturer, the SDVOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted. Refer to 13 CRF 125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.

(3) General construction. In the case of a contract for general construction, the SDVOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not VIP-listed SDVOSBs.

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

(5) Subcontracting. An SDVOSB must meet the NAICS size standard assigned by the prime contractor and be listed in VIP to count as similarly situated. Any work that a first tier VIP-listed

SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13 CFR 125.6.

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

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

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

(f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture is listed in VIP and complies with the requirements in 13 CFR 125.18(b), provided that any requirement therein that applies to an SDVO SBC is to be construed to apply to a VIP-listed SDVOSB.