36C25622Q1399.pdf

PAGE 1 OF1. 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

36C25622Q1399

08-25-2022 2:00 p.m.

00586 Department of Veterans Affairs Network Contracting Office 16

715 S. Pear Orchard Road Ridgeland MS 39157

X 100

X

811219

$22 Million

N/A

X

00580

Department of Veterans Affairs Michael E. Debakey VA Medical Center 2002 Holcombe Blvd

Houston TX 77030

00586

Department of Veterans Affairs Network Contracting Office 16

715 S. Pear Orchard Road Ridgeland MS 39157

FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489-6135 invoice must be submitted electronically

1-877-489-6135

See CONTINUATION Page

This solicitation is 100% Set Aside for SDVOSB's.

All Questions are due August 18, 2022 by 2:00 PM.

Proposals are Due August 25, 2022 by 2:00 PM.

All questions and proposals shall be sent to:

marcia.stewart1@va.gov

See CONTINUATION Page

X x 1

Contracting Officer

36C25622Q1399

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 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2021)

C.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...31

C.3 52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR

FEDERAL CONTRACTORS (OCT 2021) (DEVIATION)

C.4 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.5 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.6 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.7 VAAR 852.219-77 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (SEP 2021)

(DEVIATION)

C.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.9 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2022) (JUL 2020) (DEVIATION)

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (NOV 2021)

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 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.7 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) (JUL 2020)

(DEVIATION)

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 36C256

Department of Veterans Affairs

Network Contracting Office 16

715 S. Pear Orchard Road

Ridgeland MS 39157

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 []

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

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

AMENDMENT NO DATE

STATEMENT OF WORK

STERIS EQUIPMENT SERVICE AND SUPPORT

Base Year with 4 Option Years

Period of Performance to Start October 2022

EQUIPMENT IDENTIFICATION AND COVERAGE

A. The Contractor shall provide Support and Maintenance for:

Steris equipment including sterilizers, ultrasonic cleaners, washer disinfectors, operating tables, dosing systems, etc.

See Appendix A for full equipment listing

B. Support provided in the form of, but not limited to:

• Comprehensive preventive maintenance services

• Comprehensive corrective maintenance services

• Priority technical support

• Technical phone support 24x7

• Chamber cleaning services

• Recall alert monitoring and notification services

• Access to Steris MyLink Portal and App

GENERAL REQUIREMENT

Michael E. DeBakey VA Medical Center (MEDVAMC) is requesting for a contractor to provide support services including telephone support, corrective maintenance, preventive maintenance, on-site & remote support for the Steris equipment listed in Appendix A at 2002 Holcombe Blvd, Houston, TX 77030. The contractor shall maintain the equipment at an optimal performance level with an uptime commitment of 99%. Upgrade/updates shall be performed as necessary per manufacturer’s specifications. The Contractor shall furnish all labor, materials, parts, equipment, tools to service the equipment outlined in the Equipment Identification and Coverage Section per manufacturer’s specifications.

DEFINITIONS/ACRONYMS

A. Biomedical Engineer (Ing) - Supervisor or designee.

B. CO - Contracting Officer C. COR - Contracting Officer's Representative D. FSE - Field Service Engineer. A person who is authorized by the contractor to perform maintenance (corrective and/or preventive) services on the VAMC premises.

E. ESR - Vendor Engineering Service Report. A documentation of the services rendered for each incidence of work performance under the terms and conditions of the contract.

F. Acceptance Signature - VA employee who is authorized to sign-off on the ESR which indicates that the PM has been concluded or is still pending completion, or that the Emergency Repair has been accomplished or is still in a pending status.

G. Authorization Signature - COR's signature; indicates COR accepts work status as stated in

ESR.

H. NFPA - National Fire Protection Association.

I. CDRH - Center for Devices and Radiological Health.

J. MEDVAMC – Michael E. DeBakey Veterans Affairs Medical Center K. VAH - Department of Veterans Affairs Hospital L. OEM - Original Equipment Manufacture

HOURS OF COVERAGE

A. Normal hours of on-site coverage are Monday through Friday from 8:00 a.m. to 8:00 p.m., excluding holidays. All services shall be performed during normal hours of coverage unless requested or approved by COR or his designee.

B. Software update/enhancement installations shall be scheduled and performed outside normal hours of coverage at no additional charge to the Government (unless it would be detrimental to equipment up-time; to be determined by the COR).

C. Other work performed outside the normal hours of coverage at the request of FSE will be considered service during normal hours of coverage.

D. Federal Holidays observed by the VAMC are:

New Years' Day Martin Luther King Day Presidents' Day Memorial Day Independence Day Labor Day Columbus Day Veterans' Day Thanksgiving Day Christmas Day

In addition to the days designated as holidays, the Government observes the following days:

Any other day designated by Federal Statute Any other day designated by Executive Order Any other day designated by the President’s Proclamation

UNSCHEDULED MAINTENANCE (Emergency Repair Service) A. Contractor shall maintain the unit in accordance with the manufacturer's latest specifications.

The Contractor will provide any necessary unscheduled repair services. All required labor, materials, parts, equipment, tools shall be furnished by the Contractor.

B. The CO or COR to approve/request a service call from the Contractor.

C. Response Time: - Contractor's FSE shall respond with a phone call to the COR or his/her designee within two (2) hours after receipt of telephoned notification twenty-four (24) hours per day. If the problem cannot be corrected remotely, the FSE will commence on-site service within twenty-four (24) hours after receipt of this second notification and will proceed progressively to completion without undue delay. This requirement for response time shall be the same for both services call during the VA normal business hours and after-hour service calls.

D. Any charges for services, labor, travel, manuals, or software required to successfully complete unscheduled maintenance is included within this contract.

E. Contractor shall provide mandatory safety and performance-related updates to covered equipment and software.

SCHEDULED MAINTENANCE

A. The Contractor shall perform PM services as recommended by the OEM to ensure that the Steris equipment remains in optimum working condition. Preventive maintenance inspections shall be scheduled at least three (3) days in advance with the Contracting Officer Representative (COR). The PM must be done in accordance with the latest OEM maintenance procedures and protocols. (An outline of the PM procedures and schedule shall be provided to the COR). The Contractor shall provide and utilize procedures and checklists with worksheet originals indicating work performed and actual values obtained (as applicable). This documentation shall be provided to the COR at the completion of the PM. The contractor shall provide a written description of Preventive Maintenance Inspections (PMI). This description shall include an itemized list of the procedures performed, including electrical safety.

B. PM services shall be performed in accordance with, and during the hours defined in the "Hours of Coverage" section and the preventive maintenance schedule established herein. All exceptions to the PM schedule shall be arranged and approved in advance with the COR.

C. Any charges for parts, services, labor, travel, manuals, tools, installation, firmware or software required to successfully complete scheduled PM are included within this contract, and it’s agreed upon price, unless specifically stated in writing otherwise and approved by the COR.

LIQUIDATED DAMAGES

A. Contractor shall be liable to the Government for losses of production due to significant equipment downtime. Significant equipment downtime is that which exceeds twenty-four (24) hours/month. Records regarding downtime will be kept by the COR and the maintenance contractor.

B. Equipment downtime is calculated only from those normal hours of coverage (see Hours of Coverage Section) that the scheduled equipment is not fully operational. Downtime will begin when the Contractor is required to be on site (see Unscheduled Maintenance Section response time definition) after notification by the CO, COR or designated alternate. Downtime will accumulate until the scheduled equipment is returned to full and usual operation and accepted as such by the CO, COR or designated alternate. This does not include scheduled maintenance for PM purposes or when waiting for VA furnished tubes. Refusal of access to the equipment indicates that the unit is up and running and this time will not be considered when determining downtime. Refusal of access to the equipment voids the service call.

C. If downtime exceeds thirty-three (33) consecutive hours, the CO may exercise the option to hire an alternate source to resolve the problem. The decision to exercise this alternative will reside exclusively with the CO. All fees generated by the alternate Contractor(s) will be handled in accordance with Default clause.

D. Monies will be subtracted from the contract if the Contractor fails to meet the up-time requirements using the following formula:

MONTHLY MONTHS

DOWNTIME

23 - 24 hours/month 0%

25 - 26 hours/month 20%

27 - 28 hours/month 40%

29 - 30 hours/month 60%

31 - 32 hours/month 80%

33 or more hours/month 100%

These will be computed for the monthly dollar totals.

E. Contractor shall be liable to the Government for any damage done to Government property caused by themselves or their employees.

REPORTING REQUIRED SERVICES BEYOND THE CONTRACT SCOPE

A. Maintenance problems discovered on equipment covered by this contract which the Contractor believes exceed the scope of contract provisions, shall not be worked on without concurrence and specific authorization from the BIOMED COR to perform repairs. The Contractor shall immediately notify the BIOMED COR of any equipment or environmental conditions which impair or jeopardize the functioning of the equipment.

B. The Contractor shall immediately, but no later than 24 (twenty-four) consecutive hours after discovery, notify the CO and COR (in writing) of the existence or the development of any defects in, or repairs required, to the scheduled equipment which the Contractor considers he/she is not responsible for under the terms of the contract. In any case, the VA shall be explicitly notified in advance that additional charges will be incurred, prior to beginning such work. In such instances that the VA agrees the work is not within the scope of the contract, and the VA desires the Contractor to perform repairs, a separate purchase order will be issued to the Contractor for the work. Any service required which the Contractor believes to be in excess of the contract provisions and require additional payment (e.g., work beyond normal work hours) shall not be performed without prior authorization from the BIOMED COR, who will arrange a separate purchase order to pay for the additional service if desired by the

VA.

C. In addition to covered services, Contractor shall provide equally responsive, competent service for additional work on covered equipment when requested by the VA, during regular business hours or after-hours, which will be paid via separate purchase order at a pre-determined cost if unrelated to maintenance requirements of the contract.

PARTS & TRAVEL

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 supplies, medical equipment and/or service for maintenance of medical equipment (i.e., replacement parts) for VA Medical Centers. No re-manufactures or gray market items will be acceptable. Any retrofitted parts shall be approved by the COR prior to installation and shall also be approved by the OEM prior to installation.

The delivery of gray market items to the VA in the fulfillment of an order/award constitutes a breach of contract. Accordingly, the VA reserves the right to enforce any of its contractual remedies. This includes termination of the contract or, solely at the VA’s election, allowing the Contractor to replace, at no cost to the Government, any remanufactured or gray market item(s) delivered to a VA facility upon discovery of such items.

The Contractor shall furnish and replace parts in accordance with the manufacturer's specifications. The Contractor has ready access to all parts, including unique and/or high mortality replacement parts. All parts supplied shall be compatible with existing equipment.

The contract shall include all parts [except -if applicable - those parts specifically listed as being EXCLUDED]. The contractor shall use new original equipment manufacturer (OEM) parts. All parts shall be of current manufacture and have complete versatility with the presently installed equipment. All parts shall perform identically to the original equipment specifications. Rebuilt parts, used parts or those removed from other equipment, shall not be installed without specific approval by the CO or the COR. (The Contractor shall also list any excluded parts under the service contract).

Travel for any and all service and preventative maintenance covered within this contract shall be covered by the Contractor and shall not be reimbursed by the CO, VAMC, COR or any of its and/or their associates, employees or descendants under any conditions or circumstances.

SERVICE MANUALS/TOOLS/EQUIPMENT

The MEDVAMC shall not provide travel, tools, (test) equipment, service manuals or service diagnostic software to the contractor. The contractor shall obtain, have on file, and make available to its FSE's all travel, operational and technical documentation (such as operational and service manuals, schematics, and parts list) which are necessary to meet the performance requirements of this contract.

CONDITION OF EQUIPMENT

The Contractor accepts responsibility for the Steris equipment in "as is" condition. Failure to inspect the unit prior to contract award will not relieve the Contractor from performance of the requirements of this contract. Following the completion of any service performed by the contractor, the contractor shall show to the COR that the required system components are in place and fully functional prior to COR acceptance explained in the Reporting Requirements Section.

TEST EQUIPMENT

Should the COR request it, prior to commencement of work on this contract, the Contractor shall provide the MEDVAMC with a copy of the current calibration certification of all test equipment which is to be used by the Contractor on VAMC's equipment. This certification shall also be provided on a periodic basis when requested by the MEDVAMC. Test equipment calibration shall be traceable to a national standard.

REMOVAL OF EQUIPMENT

Should a piece of equipment require repair at the Contractor’s plant, the Contractor shall coordinate with the COR the removal of equipment. Government property cannot be removed from the station without a signed Property Pass. This Property Pass may be obtained from Acquisition & Material Management Service, Personal Property Section, 4A-320 after removal is authorized by the COR. The Contractor may not remove equipment from Government site for minor repairs only. The Contractor shall be responsible for damage or loss of equipment while in the Contractor ‘s charge

CONTACT INFORMATION

Upon contract award, the Contractor shall provide valid and reliable contact information for service, preventative maintenance, emergency and technical assistance requests

ONSITE REPORTING REQUIREMENTS

The Contractor shall be required to report to Biomedical Engineering to log in. When the service is completed, the FSE shall document services rendered on a legible ESR(s). The FSE shall be required to log out with Biomedical Engineering and submit the ESR(s) to the COR. ALL ESRs shall be submitted to the equipment user for an "acceptance signature" and to the COR OR designee for an "authorization signature" unless otherwise stated by the COR. If the COR is unavailable, a hard copy or an electronic version of the FSR must also be submitted to the COR within 5 days after the service day. A signed, authorized copy of the ESR will be returned to the Contractor after the work can be reviewed (if requested or noted on the ESR).

VA Biomedical Contact Persons: Gary Benson, Devang Patel, Lujain Elnihum, Rikesha George Location (Building/Room Number): BA-200 Telephone Number & Extension(s): 713-791-1414 x27270

DOCUMENTATION/REPORTS

The documentation shall include detailed descriptions of the scheduled and unscheduled maintenance (i.e., Emergency repairs) procedures performed, including replaced parts and prices (for outside normal working hour services) required to maintain the equipment in accordance with the "Conformance Standards" section or the manufacturer's specifications. Such documentation shall meet the guidelines as set forth in the Conformance Standards section. The electronic engineering service report (ESR) will consist of a separate PM report for the item(s) covered under the "specific" contract. Grouping different equipment from different contracts on "one" ESR is prohibited. In addition, each ESR must, at a minimum, document the following data legibly and in complete detail:

A. Name of contractor and contract number.

B. Name of FSE who performed services.

C. Contractor service ESR number/log number.

D. Date, time (starting and ending), equipment downtime and hours on-site for service call.

E. VA purchase order numbers covering the call if outside normal working hours.

F. Description of problem reported by COR.

G. Identification of equipment to be serviced:

1) Inventory ID number,

2) Manufacturer's name,

3) Device name,

4) Model number,

5) Serial number,

6) Any other manufacturer's identification numbers.

H. Itemized Description of Service Performed (including, if applicable, Costs associated with after normal working hour services) including:

1) Labor and Travel,

2) Parts (with part numbers),

3) Materials and Circuit Location of problem/corrective action.

I. Total Cost to be billed (if applicable - i.e., part(s) not covered, or service rendered after normal hours of coverage).

J. Signatures:

1) FSE performing services described.

2) Authorized VA Employee who witnessed service described.

NOTE: - Any additional charges claimed must be approved by the COR before service is completed!

COMPETENCY OF PERSONNEL SERVICING EQUIPMENT

A. Each respondent must have an established business, with an office and full-time staff.

The staff includes a "fully qualified" FSE and a "fully qualified" FSE who will serve as the backup.

B. "Fully Qualified" is based upon training and on experience in the field. For training, the FSE(s) has successfully completed a formalized training program, for the equipment and is OEM Certified. For field experience, the FSE(s) has a minimum of two years of experience (except for equipment newly on the market) with respect to scheduled and unscheduled preventive and remedial maintenance, on the covered equipment listed in the “Equipment Identification” Section.

C. All work shall be performed by "Fully Qualified", OEM Certified competent FSEs. The Contractor shall provide written assurance of the competency of their personnel and a list of credentials of approved FSEs for each make and model the Contractor services at the VAMC prior to award. The COR may authenticate the training requirements, request locations, training certificates or credentials, and technician location from the Contractor at any time for any personnel who are servicing or installing any equipment. The CO and/or COR specifically reserve the right to reject any of the Contractor's personnel and refuse them permission to work on the VAMC equipment if evidence is not provided when requested.

D. If subcontractor(s) are used, they must be approved by the COR; the Contractor shall submit any proposed change in subcontractor(s) to the CO for approval/disapproval.

SAFETY REQUIREMENTS

In the performance of this contract, the Contractor shall take such safety precautions as the Contracting Officer, or his/her designee, may determine to be reasonably necessary to protect the lives and health of occupants of the building. The Contractor shall have one supervisory employee, who will disseminate requirements to those who work at our facility. The Contracting Officer or his/her designee will notify the Contractor of any noncompliance with the foregoing provisions and the action to be taken. The Contractor shall, after receipt of such notice, immediately correct the conditions to which attention has been directed. Such notice, when served on the Contractor or his representative at the site of work, shall be deemed sufficient for the purpose aforesaid. If the Contractor fails or refuses to comply promptly with such notice, the contracting Officer may issue an order stopping all or any part of the work and hold the Contractor in default.

The MEDVAMC, CO, COR or any of its and/or their associates, employees or descendants under any conditions or circumstances shall not be held responsible for any safety incident or any injury or any inconvenience experienced by the Contractor, their associates, or subcontractors while performing the services, labor, travel, software upgrades or maintenance included within this contract to the extent applicable by federal, local and state law with federal law taking precedence.

PRIVACY/SECURITY

The contractor will have electronic connectivity to the VA network for software updates and remote monitoring of alarms/notifications from Steris sterilization systems only. The Vendor will not have access to PHI when troubleshooting the devices.

Any electronic or magnetic data storage devices such as hard drives, etc. shall be turned into the ISO. Electronic or magnetic data storage devices are not to be removed from VA property.

REMOTE SUPPORT

The contractor shall have proper access and control to remotely connect to the equipment listed in the "Equipment Identification and Coverage" Section. The Contractor shall have an MOU/ISA in place with the Veterans Health Administration before contract award. The contractor shall present the MOU/ISA to the CO and COR prior to contract award. This includes background checks and Information Security Officer approval as required by Directive 6500. The contractor must demonstrate active security clearance before award.

MOBILE MEDIA SCANNING

The Contractor will identify if removable media (i.e., USB or DVD/CD Device) is required to perform his/her duties. Personally owned USB thumb drive utilization is prohibited. Non-VA support personnel must furnish their own FIPS140-2 certified USB thumb drives, and only with the permission of a designated VA supervisor. All USB drives must be scanned with an antivirus program running current virus definitions by the local VA staff, prior to connection to any VA device. COR or designee will ensure the removable media is scanned with anti-virus software running current virus definitions prior to connection to any medical device system. The computer system for scanning removable media is located in the Biomedical Engineering shop, Building 100, Room BA200.

INSURANCE

A. Worker compensation and employer's liability: - Contractors are required to comply with applicable Federal and State Worker Compensation and occupational disease statutes.

B. General Liability: - Contractors are required to have Bodily Injury Liability Insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

C. Property Damage Liability: - Contractors are required to have Property Damage Liability insurance coverage of at least $500,000.

PAYMENT

All invoices shall be submitted in arrears, properly prepared in accordance with FAR 52.212-4, contain sufficient details, and match with the service tickets for the work rendered.

A. Invoices

Invoices shall be properly prepared and sent electronically to the VA Financial Services Center for payment processing via their electronic e-Invoice system. Invoices shall be sent in arrears at the beginning of the first month of each quarter following the quarter in which the services were rendered and billed for. At a minimum, all invoices shall include the following details:

Ø Contract No.

Ø Purchase Order No. Correct purchase order number which will be issued by the Contracting Officer after the contract is awarded. Invoices without correct purchase order number shall be rejected and returned to the Contractor.

Ø Item(s) covered (to include serial #'s) Ø Description of the services rendered Ø Billing period in which the services were rendered Ø Invoice number and date

Payments will be made in accordance with the prompt payment act out of the Government annual appropriated funds obligated in a purchase order which will be issued after the contract is awarded.

ADDITIONAL CHARGES

There will be no additional charge for time spent at the site (during, or after the normal hours of coverage) awaiting the arrival of additional FSE and/or delivery of parts.

In any case, the VA shall be explicitly notified in advance that additional charges will be incurred, prior to beginning such work. In such instances that the VA agrees the work is not within the scope of the contract, and the VA desires the Contractor to perform service, a separate purchase order will be issued to the Contractor for the work. Any service required which the Contractor believes to be in excess of the contract provisions and require additional payment

(e.g., work beyond normal work hours) shall not be performed without prior authorization from the BIOMED COR, who will arrange a separate purchase order to pay for the additional service if desired by the VA.

The Government shall not be responsible for incidental charges including, but not limited to, parking, tolls, mileage, phone, etc., on straight time or overtime work.

GOVERNMENT PARTY TO EXECUTE AND MODIFY THE CONTRACT

After the contract has been in force for a period of time, it may be necessary to change and/or modify the operations to provide better service. Pursuant to FAR 43.102, no government personnel other than the Contracting Officer can execute contract modifications on behalf of the government.

END OF SERVICE PERIOD

No service shall be performed under this agreement after the contract expiration date without written authority or direction from the Contracting Officer.

Contractor guarantees all equipment covered in this contract shall be in optimum working condition at the contract expiration date provided that the Contractor is notified of any deficiencies at least one (1) day before the contract expiration date to the COR. Any changes, updates or retrofits made on any component or system shall be reported to the COR for annotation on station equipment manuals and records. For any service call made during normal working hours, the Contractor’s repairman shall report their arrival and departure to the COR.

Appendix A: Equipment Listing

Definitions:

Comprehensive Service: includes all parts and labor to perform (i) scheduled preventive maintenance in accordance with STERIS’s then current Preventive Maintenance Check List and

(ii) unscheduled repair visits, Scheduled Maintenance Service: includes all parts and labor to perform (i) scheduled preventive maintenance in accordance with STERIS’s then current Preventive Maintenance Check List

Chamber Cleaning: interior surface cleaning of the chamber walls of sterilizers

Labor Only: no parts will be covered

Sterilizers Coverage Type PM Visits Comprehensive 2SN 011799706

580 EE31222403 16 IN. CENT VAC SD STM REC Chamber Cleaning 1 Comprehensive 2SN R832971301

580 EE162648

REMAN EAGLE 3000 STAGE 3

24X36 MEDIUM GRAVITY Chamber Cleaning 1

SN 033341717

580 MX1954025 60IN CENT VAC SHD RH R1W Comprehensive 4

SN 033001719

580 MX1954024 60IN CENT VAC SHD LH R1W Comprehensive 4

SN 032991710

580 MX1954023 AMSCO 110 LS VAC SD CAB Comprehensive 2

Comprehensive 2SN 032991701 580 MX1954026 AMSCO 250LS VAC SD MAN Chamber Cleaning 1

Comprehensive 2SN 032991702 580 MX1954027 AMSCO 250LS VAC SD MAN Chamber Cleaning 1

SN 030111013

580 EE135253 60 IN. PLATFORM PREVAC Comprehensive 2

Chamber Cleaning 1 Comprehensive 2SN 030151026

580 EE135252 60 IN. PLATFORM PREVAC Chamber Cleaning 1 Comprehensive 2SN 033510903

580 MX2391216 60 IN. PLATFORM PREVAC Chamber Cleaning 1 Comprehensive 2SN 032951307

580 EE161689 AMSCO 400 16X16X26 PVAC Chamber Cleaning 1 Comprehensive 2SN 030311738

580 MX2024550 AMSCO 400 20X20X38 PVAC Chamber Cleaning 1 Ultrasonic Cleaners Coverage Type PM Visits

SN 1013C1910

580 EE170739

CAVIWAVE ULTRASONIC

CLEANER 20 GAL Comprehensive 2

SN 0315C2253

580 EE173558

CAVIWAVE ULTRASONIC

CLEANER 20 GAL Comprehensive 2

SN 1014C2174

580 EE172661

CAVIWAVE ULTRASONIC

CLEANER 20 GAL Comprehensive 2

SN 0515ST0130068

580 EE173559

CAVIWAVE PRO ULTRASONIC

CLEANER 17 GAL

Scheduled Maintenance 2

Washer Disinfectors Coverage Type PM Visits

SN 3600710008

580 EE135254 RELIANCE SYNERGY Comprehensive 4

SN 3624105006

580 EE31231231 RELIANCE SYNERGY Comprehensive 4

SN 3624105014

580 EE31231230 RELIANCE SYNERGY Comprehensive 4

SN 3601217001

580 MX2108722

1327 CART & UTENSIL

W/DISINF Comprehensive 4

Operating Tables Coverage Type PM Visits

SN B427607018

580 EE121456 3085 TABLE Comprehensive 2

SN B428407016

580 EE121457 3085 TABLE Comprehensive 2

SN 0404314104

580 EE163035 4085 TABLE Comprehensive 2

SN 0413214051

580 EE166191 5085 TABLE Comprehensive 2

Dosing Systems Coverage Type PM Visits

SN 8274083

580 MX2037409

ACU-SINQ ENZYMATIC DOSING

SYSTEM

Scheduled Maintenance 2

SN 8256741

580 MX2037408

ACU-SINQ ENZYMATIC DOSING

SYSTEM

Scheduled Maintenance 2

SN 8257273

580 MX2037410

ACU-SINQ ENZYMATIC DOSING

SYSTEM

Scheduled Maintenance 2

SN 8465896

580 MX2669227

ACU-SINQ ENZYMATIC DOSING

SYSTEM

Scheduled Maintenance 2

SN 8454000

580 MX2669237

ACU-SINQ ENZYMATIC DOSING

SYSTEM

Scheduled Maintenance 2

SN 8465882

580 MX2669226

ACU-SINQ ENZYMATIC DOSING

SYSTEM

Scheduled Maintenance 2

SN 8278474

580 MX2037411

ACU-SINQ ENZYMATIC DOSING

SYSTEM

Scheduled Maintenance 2

Misc. Coverage Type PM Visits SN 3624105011 2-RACK LOAD MODULE Labor Only 2 SN 3623805002 2-RACK LOAD MODULE Labor Only 2 SN 3623805003 2-RACK UNLOAD MODULE Labor Only 2 SN 3624105010 2-RACK UNLOAD MODULE Labor Only 2 SN 3600510002 SCS DOUBLE LOAD Comprehensive 2 SN 3600510003 SCS DOUBLE UNLOAD Comprehensive 2 SN 3609414003 NON-MOTORIZED 2-WAY Comprehensive 2 SN 3609414007 BASIC MOTORIZED Comprehensive 2 SN 3609414005 BASIC MOTORIZED Comprehensive 2 SN 3609414006 BASIC MOTORIZED Comprehensive 2 SN 3609414004 NON-MOTORIZED FOR LINE END Comprehensive 2 SN 3609414002 MOTORIZED RETURN DOOR Comprehensive 2

M!LINK SOFTWARE

SUBSCRIPTION

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMB

ER

DESCRIPTION OF

SUPPLIES/SERVICES

QUANTIT

Y UNIT UNIT PRICE AMOUNT

0001 1.00 YR _____________

STERILIZER 16 IN. CENT VAC SD STM REC SN 011799706

0002 1.00 YR _____________

CHAMBER CLEANING SN 011799706

0003 1.00 YR _____________

STERILIZER REMAN EAGLE 3000 STAGE 324X36 MEDIUM

GRAVITY SN R832971301

0004 1.00 YR _____________

CHAMBER CLEANING SN R832971301

0005 1.00 YR _____________

STERILIZER 60IN CENT VAC SHD RH R1W SN 033341717

0006 1.00 YR _____________

STERILIZER 60IN CENT VAC SHD LH R1W SN 033001719

0007 1.00 YR _____________

STERILIZER AMSCO 110 LS VAC SD CAB SN 032991710

0008 1.00 YR _____________

STERILIZER AMSCO 250LS VAC SD MAN SN 032991701

0009 1.00 YR _____________

CHAMBER CLEANING SN 032991701

0010 1.00 YR _____________

STERILIZER AMSCO 250LS VAC SD MAN SN 032991702

0011 1.00 YR _____________

CHAMBER CLEANING SN 032991702

0012 1.00 YR _____________

STERILIZER 60 IN. PLATFORM PREVAC SN 030111013

0013 1.00 YR _____________

CHAMBER CLEANING SN 030111013

0014 1.00 YR _____________

STERILIZER 60 IN. PLATFORM PREVAC SN 030151026

0015 1.00 YR _____________

CHAMBER CLEANING SN 030151026

0016 1.00 YR _____________

STERILIZER 60 IN. PLATFORM PREVAC SN 033510903

0017 1.00 YR _____________

CHAMBER CLEANING SN 033510903

0018 1.00 YR _____________

STERILIZER AMSCO 400 16X16X26 PVAC SN 032951307

0019 1.00 YR _____________

CHAMBER CLEANING SN 032951307

0020 1.00 YR _____________

STERILIZER AMSCO 400 20X20X38 PVAC SN 030311738

0021 1.00 YR _____________

CHAMBER CLEANING SN 030311738

0022 1.00 YR _____________

CAVIWAVE ULTRASONIC CLEANER 20 GAL SN 1013C1910

0023 1.00 YR _____________

CAVIWAVE ULTRASONIC CLEANER 20 GAL SN 0315C2253

0024 1.00 YR _____________

CAVIWAVE ULTRASONIC CLEANER 20 GAL SN 1014C2174

0025 1.00 YR _____________

CAVIWAVE PRO ULTRASONIC CLEANER 17 GAL SN

0515ST0130068

0026 1.00 YR _____________

WASHER DISINFECTOR RELIANCE SYNERGY SN 3600710008

0027 1.00 YR _____________

WASHER DISINFECTOR RELIANCE SYNERGY SN 3624105006

0028 1.00 YR _____________

WASHER DISINFECTOR RELIANCE SYNERGY SN 3624105014

0029 1.00 YR _____________

WASHER DISINFECTOR 1327 CART SN 3601217001

0030 1.00 YR _____________

3085 OPERATING TABLE SN B427607018

0031 1.00 YR _____________

3085 OPERATING TABLE SN B428407016

0032 1.00 YR _____________ _____________

4085 OPERATING TABLE SN 0404314104

0033 1.00 YR _____________

5085 OPERATING TABLE SN 0413214051

0034 1.00 YR _____________

ACU-SINQ ENZYMATIC DOSING SYSTEM SN 8274083

0035 1.00 YR _____________

ACU-SINQ ENZYMATIC DOSING SYSTEM SN 8256741

0036 1.00 YR _____________

ACU-SINQ ENZYMATIC DOSING SYSTEM SN 8257273

0037 1.00 YR _____________

ACU-SINQ ENZYMATIC DOSING SYSTEM SN 8465896

0038 1.00 YR _____________

ACU-SINQ ENZYMATIC DOSING SYSTEM SN 8454000

0039 1.00 YR _____________

ACU-SINQ ENZYMATIC DOSING SYSTEM SN 8465882

0040 1.00 YR _____________

ACU-SINQ ENZYMATIC DOSING SYSTEM SN 8278474

0041 1.00 YR _____________

2-RACK LOAD MODULE SN 3624105011

0042 1.00 YR _____________

2-RACK LOAD MODULE SN 3623805002

0043 1.00 YR _____________

2-RACK UNLOAD MODULE SN 3623805003

0044 1.00 YR _____________

2-RACK UNLOAD MODULE SN 3624105010

0045 1.00 YR _____________

SCS DOUBLE LOAD SN 3600510002

0046 1.00 YR _____________

SCS DOUBLE UNLOAD SN 3600510003

0047 1.00 YR _____________

NON-MOTORIZED 2-WAY SN 3609414003

0048 1.00 YR _____________

BASIC MOTORIZED SN 3609414007

0049 1.00 YR _____________

BASIC MOTORIZED SN 3609414005

0050 1.00 YR _____________

BASIC MOTORIZED SN 3609414006

0051 1.00 YR _____________ _____________

NON-MOTORIZED FOR LINE END SN 3609414004

0052 1.00 YR _____________

MOTORIZED RETURN DOOR SN 3609414002

0053 1.00 YR _____________

M!LINK SOFTWARE SUBSCRIPTION

GRAND TOTAL _____________

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(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…