36C25624Q1440.docx

36C25624Q1440

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

09-05-2024 Ricky Weaver 601-951-3715 09-18-2024 16:00

CDT

10N16 Department of Veterans Affairs Network Contracting Office 16 ricky.weaver2@va.gov 715 South Pear Orchard Road Ridgeland MS 39157

X

621999 $20.5 Million

N/A

10N16 Department of Veterans Affairs

10N16

Network Contracting Office 16

715 South 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 is a contract for Durable Medical Equipment Vendor Evaluations for the Alexandria VA Medical Center. This will be a Firm Fixed price contract.

All responses for quotes are Due Wednesday, September 18, 2024 not later than 4:00 p.m. CST

All quotes should be emailed to ricky.weaver2@va.gov

See CONTINUATION Page

Table of Contents

STATEMENT OF WORK………………………………………………………………….4

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 Ricky Weaver

Network Contracting Office 16 ricky.weaver2@va.gov 715 South Pear Orchard Road Ridgeland MS 39157

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

3. INVOICES: Invoices shall be submitted in arrears:

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

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

Page 1 of Page 1 of

STATEMENT OF WORK (SOW)

2. Contract Title: Durable Medical Equipment Vendor Evaluations

3. Background: To fulfill a Medical Sharing Agreement between Physical Medicine & Rehabilitation Services (PM&RS) and a contracted Assistive Technology Professional (ATP) employed by a Durable Medical Equipment (DME) vendor for the Alexandria Veterans Affairs Healthcare System (AVAHCS). Vendor contracted shall perform clinical evaluations/assessments, recommendations, equipment training, setup, adjustment, fitting, and education during issuance of DME to Veterans enrolled within the AVAHCS catchment area.

4. Scope:

A. Introduction: To establish a contract between the AVAHCS PM&RS and an approved Veterans Affairs (VA) vendor to provide DME evaluations and related services. The contract will be overseen by the designated Contracting Officer Representative and the awarded vendor that meets all contract requirements.

B. Governance: Alexandria VA Medical Center PM&RS Contracting Officer Representative (COR), or designee. The VA Occupational Therapy and Physical Therapy supervisors will provide oversight to the COR and serve as backup in the absence of the PM&RS COR. However, the Chief of PM&RS will be ultimately responsible for oversight of the COR and the COR's performance in this position.

C. Purpose: To provide safe and effective services, beyond the capabilities of the Alexandria VA Healthcare System, through a written contractual agreement with an approved VA vendor.

D. Location: Contracted services shall be performed at the Veteran’s home or designated facility within the catchment area of the Alexandria VA Healthcare System main campus and related Community-Based Outpatient Clinics (Jennings, Lafayette, Lake Charles, Fort Johnson, and Natchitoches). The catchment area for this contract begins at the northwestern point of Natchitoches Parish and runs east across the state though Winn, Caldwell, and Franklin parishes. South through Catahoula, Concordia. Avoyelles, St. Landry, St. Martin, and Iberia parishes. Westward through Vermilion and Cameron parishes. Northward through Calcasieu, Beauregard, Vernon, and back to Natchitoches parish and all areas of the state that these areas encompass. Veterans residing beyond the above stated catchment area (e.g., near the Louisiana border in Texas, Mississippi, and Arkansas) shall be addressed on a case-by-case basis.

E. Deliverables: Evaluation/assessment, recommendations, fitting, adjustment, and training/education of Durable Medical Equipment, including but not limited to patient lifts, power operated mobility devices, custom manual wheelchairs, complex rehabilitative power wheelchairs, and related accessories.

F. Infection Control: For safety, universal precautions shall be taken with all patient assessments/evaluations and delivery of services. Employees with a contagious disease shall have no contact with beneficiaries, caregivers, or patient equipment/property.

G. Schedule: The PM&RS COR will submit a request to the vendor. Requests for services shall then be received/accepted by the contracted vendor within 24 hours excluding weekends and federal holidays, along with completion of evaluation within 5 business days.

H. Milestones: Monitored by Contracting Officer Representative quarterly.

I. Tasks:

a. Request initiated by provider (e.g., Occupational Therapist (OT), Physical Therapist (PT) or PM&RS Provider).

b. Alexandria VAMC PM&RS Provider (or connecting CBOC PM&RS provider) will submit a DME Vendor Evaluation consult to the PM&RS COR Designee via Computerized Patient Record System (CPRS).

c. The PM&RS COR will receive the consult from CPRS and correspond the request to the vendor within 24 hours (business days), via encrypted email.

d. Vendor shall respond, via encrypted email, to the PM&RS COR within 24 hours to acknowledge receipt of request.

e. Vendor will complete the evaluation/assessment within 5 business days from date of acknowledging receipt of request.

f. Vendor will report evaluation findings, accompanied by DME quote (if applicable), back to the PM&RS COR, via encrypted email, within 24 hours (business days) of completing assessment (determined by date/time of appt with veteran).

g. COR will then relay evaluation/assessment/recommendations from vendor to requesting therapist within 24 hours (business days) of receiving vendor findings via email with a separate notation in CPRS to close out the COR consult.

h. Quarterly audit of services will be performed by the PM&RS COR.

i. An annual report will be provided by the PM&RS COR to Logistics.

J. Reporting and Communication Plan:

a. COR will report all deficiencies in a timely manner (defined as 5 business days) to the Contracting Officer (CO) and contractor/vendor.

b. If contract is not performed timely or does not meet the requirements, COR will notify the CO.

c. The COR will review the quote and give an implied acceptance for services provided to meet the Veteran's needs.

d. COR will provide quote to requesting PM&RS provider.

e. Requesting PM&RS provider (who originated the request) is then responsible for providing a final review of the vendor quote and submitting the appropriate quote to Prosthetics via consult in CPRS, if indicated, to purchase a device.

K. Standards and Testing: Audits by the PM&RS COR for quality control will be performed quarterly to ensure all aspects of the contract are being met for timeliness, accuracy, and quality. PM&RS COR will randomly audit 5 vendor requests for that quarter and provide results via email to the OT and PT Supervisors within 5 business days. Audits should be performed quarterly on the 1st Thursday of the month and will be due to the OT/PT supervisors on the 2nd Thursday of the month.

L. Define Success:

a. Timeliness of tasks based on timeline defined in Tasks (as noted above).

b. Meets Veteran’s medical need.

c. Meets PM&RS provider request for services on initial request.

d. Audits performed quarterly with annual report provided to Logistics.

M. Special Terms, Conditions, and Requirements:

a. As such mileage under this contract shall be computed on the basis of actual number of miles traveled using the most direct route in compliance with MapQuest. Contractors are encouraged to plan multiple appointments for each trip, that will prove to be the most economically cost efficient. These types of deliveries shall be computed for payment on a point-to-point basis. For example: Whenever delivery of service begins at vendor address and there are multiple deliveries to be made for 1st, 2nd, and 3rd locations, and back to vendor address, mileage will be paid from the vendor address to 1st, then to 2nd, then to 3rd, and then straight back to vendor address again. Mileage will not be paid from the vendor address to 1st and back to vendor address, then again from vendor address to 2nd and back to vendor address, and again from vendor address to 3rd and back to vendor address. When more than one contract service is required in the same or related location(s), the contractor shall combine these services and to schedule the trip to include multiple contract services so that the cost to the AVAMC will be determined as a SINGLE TRIP ONLY based upon rates allocated for the actual mileage driven.

b. The PM&RS COR (or designee) will periodically review trips used by the contractor to ascertain that the most cost-effective routes are being used. The VA will generate a trip ticket for each delivery for the contractor. It is the policy of the VA to allow the contractor to plan trips and consolidate delivery of services; however, the VA reserves the right to pay only for the most economically feasible route that it (the VAMC) deems as most appropriate. The contractor must maintain a daily trip log enabling PM&RS to verify what trips are scheduled on a given day and to account for actual mileage driven.

c. The contractor will receive correspondence from the PM&RS COR (or designee) for new orders and to discuss any delays, urgent requests, and/or settings for new priorities.

d. For services requested, the contractor will be provided with the Veteran's name, address, and phone number for whom services are to be made. The contractor shall visit the beneficiary's residence in performance of this contract by appointment only, between 0800 and 1800. Appointments will be given a 3-hour window for completion on the scheduled date of arrival. The Government assumes no liability for additional trips required if no one is home when delivery of service was attempted. Contractor will be required to provide proof of delivery. If contact cannot be made to beneficiary within two (2) consecutive workdays after receipt of order, the PM&RS COR shall be notified immediately. Proof of delivery of service shall be a Receipt of Delivery signed and dated by the beneficiary.

e. If the beneficiary either refuses acceptance of services or is not available (after proper notification), the contractor shall notify the PM&RS COR for additional guidance in all such cases before re-attempting to provide services.

f. Contractor must provide knowledgeable personnel with proper certification (as defined below) to be able to instruct the beneficiaries and/or caregivers in the proper setup, use, maintenance/care, and precautions for the DME and/or service provided by this contract. Education shall include but not be limited to the Veteran’s rights and responsibilities. The contractor must obtain a signed copy that proper education was provided by the contracted vendor, showing acknowledgment from beneficiary and/or his/her representative.

g. The contractor shall check the safety of the electrical outlets in the Veteran’s home prior to installation of any electrical equipment. Electrical outlets must be inspected and tested to ensure outlet is adequate for the item being installed, ground is present, and the outlet is in good physical condition. Any unsafe electrical conditions will be immediately reported to the beneficiary and must be corrected by the beneficiary prior to delivery of equipment when the patient is receiving a tangible service/equipment.

h. Contractor must provide sufficient knowledgeable personnel with proper identification to set up and instruct beneficiaries and/or caregivers in the proper use, maintenance and care of medical equipment. To ensure the proper setup and instructions of equipment, the contractor must obtain a signed copy showing such acknowledgement from beneficiary and/or his/her representative. Instructions shall include, but not be limited to:

a. The safe and appropriate use of the medical equipment and/or supplies.

b. Basic home safety.

c. Patients’ rights and responsibilities.

d. Universal Body Substance Isolation Precautions.

e. Cleaning, handling, and storage of the involved equipment.

i. Contracted vendor performing under this contract must do so in accordance with OSHA requirements. Identification badges with a photograph, contractor’s name, and company name shall be worn at all times by the contractor performing under this contract.

j. The contractor must have written personnel policies, a personnel folder on all vendor employees performing under this contract and must be maintained and made available for review by the AVAMC. A copy of the contractor’s competencies will be provided to the PM&RS COR. The personnel folder shall include the following:

a. Employee training, certifications, and competencies. The vendor shall:

i. Identify staff that are qualified to assess competency.

ii. The contractor will assess each staff member’s ability to carry out their assigned responsibilities safely, competently and in a timely manner.

b. Experience and qualification to perform job assignments under the contract.

N. Emergency Charges: An additional flat rate charge will be allowed for the requested acceleration (emergency) of contract services. Emergency services will be provided by the contractor only upon request of the authorized PM&RS COR. The contractor will be required to perform and complete such services, normally within the same working day that a request is received, time and distance permitting, but no later than the contractor’s “close of business” on the succeeding day. Upon receipt of a request, the contractor will be required to establish a firm scheduling of performance of duties in order to coordinate his/her performance with the needs of the beneficiary through PM&RS.

O. Additional documentation needed by the PM&RS department is: 1) copy of the invoice, and 2) receipt of Delivery Checklist. The invoice will include the name and Social Security Number of the Veteran (where applicable), the contract number, the name and quantity of items furnished including serial number (where applicable), or description of services rendered, and the VA Authorization Number assigned to that particular order. A copy of the invoice is also needed for the individual beneficiary file and shall be accompanied with a summary statement that lists:

a. The individual invoice number or each invoice.

b. The name of the Veteran.

c. The Social Security number of the Veteran.

d. Cost of the item(s) and/or service(s) on each invoice.

e. The total dollar amount invoiced for payment for the period.

Individual invoices must be prepared for each patient monthly with the attached-signed copies documenting the following:

a. Contractor will provide an inventory of all items issued for each beneficiary by name, social security number, and date of delivery, manufacturer’s model number and serial number.

b. Contractor will provide a signed Home Safety Checklist for each delivery of DME.

c. Standard Precautions.

d. Instructions for cleaning, handling, and storage of the equipment.

e. The contractor shall develop a reporting system (form) whereby each beneficiary and/or caregiver will sign/initial each phase or the required information/instructions, labels, etc.

PLEASE NOTE THAT INVOICES RECEIVED WITHOUT THE PROPER DOCUMENTATION FOR PAYMENT WILL BE RETURNED FOR CORRECTION, WHICH WILL DELAY PAYMENT.

P. Assumptions: Vendor will be able to provide, assemble, setup and store (as needed) any recommended DME following completion of evaluation/assessment.

Q. Other: Offers shall be considered only from contractors who have a satisfactory record of performance in the business required, who are financially responsible, have qualified and competent personnel, adequate vehicles, and are otherwise qualified and eligible to receive an award under applicable laws and regulations and that can provide proof of compliance with TJC methodology or are TJC accredited. See additional requirement noted in “5. Specifications/Characteristics” below, for personnel who are contracted to perform Veteran assessments/evaluations.

R. Acceptance: The PM&RS COR will be responsible for the receipt or verification of receipt and acceptance of all services provided under the terms of this contract.

S. Release of Information: Contractor will be provided with all appropriate patient medical and identifying information necessary to conduct business under this contract. Information may include, but not be limited to: patient name, address, telephone number, social security number, service requested, etc.

5. Specifications/Skills: Vendor must meet the following requirements, including but not limited to:

A. Rehabilitation Engineering and Assistive Technology Society of North America (RESNA), Assistive Technology Professional (ATP) Certified, B. ATP Certification must be current, active and in good standing, and demonstrate proof of employment at time of bid, C. ATP must be present and in person at every evaluation, D. ATP must not utilize telephone or video connections when performing patient evaluations, E. ATP certified vendor must have an active account with the following, including but not limited to: Permobil, Quantum, Invacare, Sunrise Medical and Pride.

6. Statement of Work Abbreviations and Definitions:

A. ATP - Assistive Technology Professional B. AVAHCS - Alexandria Veterans Affairs Healthcare System C. AVAMC - Alexandria Veterans Affairs Medical Center D. BSI - Body Substance Isolation E. CBOC - Community Based Outpatient Clinics F. CO - Contracting Officer - the person that is warranted by the Government to enter into contracts for the Government.

G. COR - Contracting Officer Representative - performs specific technical duties (as assigned by supervisor or Chief of PMRS) and administrative functions (as assigned by the CO) related to this contract.

H. DME - Durable Medical Equipment I. OT - Occupational Therapy J. OSHA - Occupational Safety and Health Administration K. PT - Physical Therapy L. PM&RS - Physical Medical and Rehab Services - department located within the AVAMC which includes the corresponding CBOCs.

M. RESNA - Rehabilitation Engineering and Assistive Technology Society of North America N. TJC – The Joint Commission - An organization dedicated to inspecting and grading hospitals and medical centers on their performance.

O. VA - Veterans Affairs P. VAMC - Veterans Affairs Medical Center

7. Information Security Considerations: The C&A requirements do not apply and a Security Accreditation Packages is not required.

8. Privacy:

A. VA INFORMATION CUSTODIAL LANGUAGE

a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data. (General, FAR 52.227-14(d)(1).

B. SECURITY INCIDENT INVESTIGATION

a. The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COTR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.

C. LIQUIDATED DAMAGES FOR DATA BREACH

a. Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract.

b. Based on the determinations of the independent risk analysis; the contractor shall be responsible for paying to the VA liquidated damages in the amount of $37.50 per affected individuals to cover the cost of providing credit protection services to affected individuals consisting of the following:

i. Notification:

ii. One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;

iii. Data breach analysis;

iv. Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution;

v. One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and

vi. Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs.

D. TRAINING

a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:

i. Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems;

ii. Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training;

iii. Successfully complete the appropriate VA privacy training and annually complete required privacy training; and

iv. Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document – e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.]

v. The contractor shall provide to the contracting officer and/or the COTR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.

9. Records Management Obligations:

A. Applicability

a. This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

B. Definitions

a. “Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

b. The term Federal record:

i. includes Alexandria VA Healthcare System records.

ii. does not include personal materials.

iii. applies to records created, received, or maintained by Contractors pursuant to their Alexandria VA Healthcare System contract.

iv. may include deliverables and documentation associated with deliverables.

C. Requirements

a. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

b. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

c. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

d. Alexandria VA Healthcare System and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of Alexandria VA Healthcare System or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to Alexandria VA Healthcare System. The agency must report promptly to NARA in accordance with 36 CFR 1230.

e. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the PM&R Service Contract. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to Alexandria VA Healthcare System’s control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the PM&R Service Contract. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

f. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and Alexandria VA Healthcare System guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

g. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with Alexandria VA Healthcare System policy.

h. The Contractor shall not create or maintain any records containing any non-public Alexandria VA Healthcare System information that are not specifically tied to or authorized by the contract.

i. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

j. The Alexandria VA Healthcare System owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which Alexandria VA Healthcare System shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

k. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take Alexandria VA Healthcare System provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

[Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.] D. Flowdown of requirements to subcontractors

a. The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this PM&R Service Contract, and require written subcontractor acknowledgment of same.

b. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Vendor contracted shall perform clinical evaluations/assessments, recommendations, equipment training, setup, adjustment, fitting, and education during issuance of DME to Veterans enrolled within the AVAHCS catchment area.

Contract Period: Base POP Begin: 10-01-2024 POP End: 09-30-2025

B.3 DELIVERY SCHEDULE

48.00

Durable Medical Equipment Vendor Evaluations

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…