36C25625Q0645_1.docx

36C25625Q0645

GENERAL INFORMATION

Network Contracting Office 16 1515 Poydras Street Suite 1100

New Orleans LA 70112

POINT OF CONTACT*

Contract Specialist Christopher Rossi christopher.rossi2@va.gov 281-435-1681

PLACE OF PERFORMANCE

(SLVHCS)

1515 Poydras Street Suite 1100

New Orleans LA

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS Provisions that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following provisions are incorporated into 52.212-1 as an addendum to this solicitation:

This procurement is being conducted under the FAR Part 13 - Simplified Procedures and the conduct of the procurement will be in accordance with FAR Parts 12 and 13 or some combination thereof.

The Government will select the quote that represents the best benefit to the Government at a price that can be determined reasonable.

Following receipt of quotes, the Government will perform a comparative evaluation of the products/services quoted. The Government will compare quotes to one another to select the product/service that best benefits the Government by fulfilling the requirement. The evaluation of Government requirements outlined in this request for quote will determine suitability.

Contractors may submit more than one quote; however, contractors are strongly encouraged to submit their best technical solutions and prices in response to this request for quote.

Once the Government determines there is/are a contractor(s) that can provide a product/service that meet(s) the requirements of this request for quote, the Government reserves the right to communicate with only those contractors quoting the best-suited product/service to address any remaining issues.

The Government may determine that a quote is unacceptable if the option prices are significantly unbalanced.

FAR Part 15 will not be used for this procurement.

52.212-2, Evaluation - Commercial Items: FAR provision 52.212-2 does not apply to this solicitation.

Prospective Contractors are required to submit two separate documents: one (1) Part A - Content of the Non-Price Factors/Technical Part and one (1) Part B Price Part IAW Schedule B (SF1449). If both Parts are not received, the quote will be considered non-responsive, and will not be considered for award.

In addition to this, prospective Contractors are required to submit the SF1449/SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS and complete the following blocks (17a, 30a, b, c, and section B.1, 1. a.) and the Schedule and Supplies.

Quotes must be electronically submitted on or before the Solicitation close date and time – April 4th, 2025, 13:00 AM CST. Quotes must be emailed to christopher.rossi2@va.gov. Faxed, or hand-delivered quotes will not be accepted.

Part A - Content of the Non-Price Factors/Technical Part – will be evaluated on Pass / Fail basis

· Contractor will need to demonstrate that the items offered meets at the minimum the Salient Characteristics described within the Schedule of Items and Specifications, Statement of Need and elsewhere in this solicitation.

· Contractor to provide technical brochures to demonstrate whether the quoted items meet the minimum requirements/salient characteristics provided in the RFQ. Electronic data or virtual link in order to examine capabilities will be acceptable.

· Contractor shall provide authorized vendor letter.

· No gray market items will be accepted.

Part B - Content of the Price part Price schedule Total price for CLINs as described in Schedule B (SF1449).

If your submission to this RFQ does not follow the requirements above or otherwise required by the solicitation your company risks not being considered for award.

Phone calls will not be accepted, all question and or concerns must be submitted via email to christopher.rossi2@va.gov by COB March 28th, 2025 13:00 CST, RFQ close date April 4th, 2025 13:00 CST.

This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with format in FAR Subpart 13; simplified acquisition procedures apply. VA will conduct the procurement according to a combination of FAR Part 12, Acquisition of Commercial Items and Part 13, Simplified Acquisition Procedures as supplemented with additional information included in this notice.

The solicitation number is 36C25625Q0645 and is issued as a Request for Quotation (RFQ).

Southeast Louisiana Veterans Healthcare System (SLVHCS) is seeking a contractor to provide and install four (4) Mediators Advantage Plus systems, or its equivalent, which will be used at the SLVHCS for the Sterile Processing Service. The desired outcome is to have the ability to clean and disinfection of Endoscope instruments. The machines will be used for inpatient care throughout the hospital. Medivators Advantage Plus is intended for the washing and high-level disinfection of endoscopes and endoscope accessories. Validated for use of Rapicide PA High Level Disinfectant, Intercept Detergent and Alcohol.

Notice of Total Service-Disabled Veteran Owned Small Business Set-Aside applies to all items in this solicitation. Interested persons may submit quotes, and all eligible quotes must be received prior to the response date listed on FBO to be considered by the Government. This solicitation is 100% SET-ASIDE FOR SERVICE-DISABLED VETERAN OWNED SMALL BUSINESS.

The NAICS code is 334510 (Electromedical and Electrotherapeutic Apparatus Manufacturing) and the size standard is 1,250 employees.

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2025-01/02 (eff.02/18/2025). Only emailed requests received directly from the requester will be accepted.

RESPONSES ARE DUE, April 4th, 2025, by 13:00 p.m. Central Time (CT). Quotes are due electronically to christopher.rossi2@va.gov no later than the response date/time. Only electronic quotes will be considered.

Phone calls will not be accepted, all question and or concerns must be submitted via email to Christopher.rossi2@va.gov by 13:00 p.m. Central Standard Time (CST) NLT March 28th, 2025. Point of contact for this solicitation is Christopher Rossi at Christopher.rossi2@va.gov. All Inquires must be submitted electronically.

Evaluation Criteria Template Lowest Price Technically Acceptable

Basis of Award:

A Lowest Priced Technically Acceptable procurement is being conducted. As such, award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for the non-cost factor. Past Performance history will be considered for responsibility determination purposes only (FAR 9.104-1(c). The evaluation factors are as follows:

Factor 1-Technical Factor 2-Price

Under the ‘technical factor,’ each offeror’s responses will be evaluated on a ‘pass/fail’ basis or ‘acceptable/unacceptable’ basis. This determination will be based on the offeror demonstrating in its proposal a technical solution that minimally meets the technical requirements specified in the Solicitation’s Statement of Work.

Price will be evaluated for fairness and reasonableness.

Factor 1 – TECHNICAL CAPABILITIES: Offerors must submit relevant information demonstrating technical capability to satisfactorily perform the following requirement as expressed in the Statement of Work in the Solicitation

1. Sufficient number of trained and qualified personnel to replace and install Medivator Endoscope Reprocessing System or its equivalent.

2. Sufficient capacity to deliver systems on a timely basis specified in the Statement of Work.

3. Sufficient quality control policies, processes, and procedures to ensure contract compliance.

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice Factor 2 – PRICE: Prices will be evaluated on the basis of price fairness and reasonableness.

Combined Synopsis/Solicitation Notice

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

629-25-2-7909-0110 36C25625Q0645 Christopher Rossi christopher.rossi2@va.gov 04-04-2025 13:00

CDT

Department of Veterans Affairs Network Contracting Office 16 1515 Poydras Street Suite 1100 New Orleans LA 70112 Christopher Rossi Christopher.rossi2@va.gov X X Y 334510 1,250 Employees N/A X Department of Veterans Affairs Southeast Louisiana Veterans Health Care System (SLVHCS) 2400 Canal Street New Orleans LA 70119 Department of Veterans Affairs Network Contracting Office 16 1515 Poydras Street Suite 1100 New Orleans LA 70112

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

See CONTINUATION Page Brand name or Equal to Medivators Advantage Plus Endoscope Reprocessing System. See Statement of Work for Details.

Solicitation responses due NLT April 4th, 2025 by 13:00 Period of Performance: Base Period: Apr 11th 2025 - Jul 10th 2025.

Location is the Southeast Louisiana Veterans Health Care System (SLVHCS) 2400 Canal Street New Orleans LA 70119 See CONTINUATION Page X X Quote Tiffany Conner Contract Officer Page 1 of Table of Contents

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 1515 Poydras Street Suite 1100

New Orleans LA 70112

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:

36C25625Q0607

Page 1 of Page 1 of Page 1 of Page 1 of

STATEMENT OF WORK

1. Contract Title: Brand name or Equal to Medivators Advantage Plus Endoscope Reprocessing System

2. Background: Southeast Louisiana Veterans Healthcare System (SLVHCS) is seeking a contractor to provide and install four (4) Mediators Advantage Plus systems, or its equivalent, which will be used at the SLVHCS for the Sterile Processing Service. The desired outcome is to have the ability to clean and disinfection of Endoscope instruments. The machines will be used for inpatient care throughout the hospital. Medivators Advantage Plus is intended for the washing and high-level disinfection of endoscopes and endoscope accessories. Validated for use of Rapicide PA High Level Disinfectant, Intercept Detergent and Alcohol.

Features to include individual channel connectivity and channel blockage monitoring. Single use germicide: fresh disinfectant solution for each endoscope. Asynchronous operation of dual reprocessing basins with transparent glass lids. A dedicated personal computer (PC) for system operation of reprocessing cycles, cycle recording, powerful quality assurance reporting, easy backups, networking availability, and remote diagnostics. Ability to interface with Censitrac.

Easy-to-fill detergent and alcohol reservoirs. Hook up blocks dedicated to a family of endoscopes ensure correct connectivity and flow rates to meet manufacturers specifications. Diagnostics for operator assistance and troubleshooting.

Provide User Operation training to SPS staff on proper use of Advantage Plus Medivators. Training on all consumables items that are used with the Medivators.

The quote should include the removal of (4) existing Medivator reprocessing systems. Credit for acceptance of the (4) old reprocessing systems are highly encouraged. Vendor then to provide installation of four new (4) Steris Medivators Advantage Plus Endoscope Reprocessing System or its equivalent.

2. Scope: The contractor shall provide all resources necessary to accomplish the deliverables described in this statement of work (SOW), except as may otherwise be specified. Contractor shall install and deliver four (4) Medivators Advantage Plus or its equivalent.

3. Objective: The purchase of the new machine supports the facility by allowing a validated cleaning claim for automated cleaning and minimized handling of endoscopes to help reduce the risk of cross-contamination. Save time by eliminating manual cleaning while delivering maximum cleaning efficacy in this dual basin AER, which allows you to reprocess two endoscopes at different times to improve workflow efficiency.

4. The Salient Characteristics and specification included:

Installation and Maintenance Proper maintenance ensures effective disinfection and prolongs the life of the reprocessor.

• The MEDIVATORS® ADVANTAGE PLUS® System must be grounded in accordance with applicable regulations.

• The system default is factory-set for the specific disinfectant immersion time for RAPICIDE® PA.

• All pressure regulators are factory-preset. Do not adjust the settings. Contact your Technical Support representative for assistance.

• Do not allow the washing solution to contact metal components.

• Do not use alcohol or alcohol-based products to clean the Reprocessor cabinet.

• Medivators endoscope hookups are not autoclavable. The hookups are automatically disinfected with each use due to their exposure to the entire disinfection cycle; no further disinfection or rinsing is required prior to their next use.

• Do not remove covers, doors, or panels fastened with screws while the Reprocessor is in use.

• Replacement parts must be ordered from the manufacturer to maintain the warranty.

• Do not block ventilation openings.

• Regularly check all cables, tubing, and drains for damage or leaks.

• Do not carry out any maintenance that is not described in this manual.

• Ensure that the power supply connection is accessible in the event that emergency disconnection is necessary.

• Prior to undertaking any service or maintenance operations or when resetting the GFI, ensure that the MEDIVATORS ADVANTAGE PLUS System is disconnected from the main power supply. If service or maintenance operations are to be conducted on the water system, ensure that the MEDIVATORS ADVANTAGE PLUS System is isolated from the main water supply.

Installation Specifications Electrical The MEDIVATORS® ADVANTAGE PLUS® System must be connected to a single electrical outlet capable of supplying 1000 watts at 100-240 volts AC, 50/60 Hz. The outlet must be properly grounded.

Water Potable water is the minimum standard. For optimum performance, water must be delivered at a minimum f low rate of 5 L/min (1.32 gpm) at a dynamic pressure of 30 psi (2 bar) during the basin fill. For optimum performance water must be delivered at 35ºC by use of a mixing valve (required). The mixing valve must be purchased separately and installed by the facility. A back siphonage prevention device must be purchased separately and installed between the water line & the reprocessor to prevent contamination of the water supply in the event of a sudden drop in water pressure.

Drain For optimum performance the MEDIVATORS ADVANTAGE PLUS System should be connected to a vented sanitary drain system capable of draining at a minimum rate of 12 L/min (3.17 gpm).

Room Ventilation The MEDIVATORS ADVANTAGE PLUS System must be installed in a room with a ventilation system capable of delivering a minimum of 10 air exchanges per hour. An optional vapor management system is available for ductless fume removal.

Air The MEDIVATORS ADVANTAGE PLUS System must be connected to an air supply for proper operation. The ADVANTAGE PLUS system includes an air compressor that requires a dedicated 120 VAC, 20 Ampere service or 230 VAC, 10 Ampere service. The air compressor delivers proper air flows and pressure for correct system operation.

If the ADVANTAGE PLUS model purchased did not include the air compressor, the system may utilize house compressed air (dry, oil free) which must meet these required air pressure specifications: 58 to 125 PSI with a minimum flow volume of 1.5 CFM, maximum particle size is 5 microns, maximum dew point is 7°C (45°F), maximum oil concentration is 5 mg/m3

5. Delivery:

Southeast Louisiana Veterans Healthcare System 2400 Canal St SPS department 4D203 New Orleans LA, 70119 Mon-Fri 7:00am – 4:30 pm Contractor shall provide on delivery to area requesting purchase.

POC: Ward Seward, ward.seward@va.gov 504-421-6867 The Contractor shall deliver all required equipment within 90 days after receipt of order (ARO)

6. Period of Performance: The item being request will be delivered 90 days after contract is awarded.

This is a onetime purchase; delivery should be completed within (90) days from date of award. Working hours are between 8:00a.m. – 4:30p.m., Monday through Friday. All federal holidays excluded. Working hours are between 8:00 am to 4:30 pm, Monday through Friday excluding weekends and federal holidays.

VA follows all Federal holidays that are sent by law (USC Title 5 Section 6103). The Government hereby provided notice and Contractor hereby acknowledge s receipt that Government personnel observe the listed days as holidays.

Independence Day July 4 Labor Day First Monday in September

When a holiday falls on a Sunday, the following Monday will be observed as a legal holiday. When a holiday falls on a Saturday, the preceding Friday is observed by the US government agencies.

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

7. Invoices. Offeror may submit invoices for any completed and government accepted items on the Price Schedule. See VAAR Clause 852.232-72, Electronic Submission of Payment Requests for invoicing procedures. Payment will be made upon receipt of a properly prepared detailed invoice, prepared by the Contractor, validated by the Contracting Officer’s Representative (COR). A properly prepared invoice will contain:

8. General Requirement

A. Contractor shall provide four (4) new purchase Medivators Advantage Plus Systems or its equivalent to the Southeast Louisiana Veterans Healthcare System, New Orleans, 70119.

B. Contractor shall provide Operators Manual and quick reference guides on the equipment.

C. DELIVERY, SET-UP, AND INSTALLATION shall be coordinated with The Southeast Louisiana Veterans Healthcare System Medical Center. Be aware of site-specific protocols for badging, escorts, and hours for delivery.

The Contractor shall remove all related shipping debris and cleanup everything associated with delivery and installation of the item requested. Contractor shall remove all packaging from Southeast Louisiana Veterans Healthcare System Center. The Contractor shall be responsible for any damage to the building that occurs due to Contractor error or neglect.

The contractor shall coordinate all deliveries, staging areas, installations, and parking arrangements with the logistics department 504-507-2000 x77071

Southeast Louisiana Veterans Healthcare System does not have the ability to accept drop shipments from manufactures. There shall be no staging and/or storage at the SLVHCS VA Medical Center warehouse. All products shall be off loaded by awarded vendor and delivered directly to the installation location.

Awarded vendor is responsible for any equipment needed to unload products and/or for transferring product the installation locations.

Contracting Officers within the networking contracting office issuing the contract, only, may issue modifications to the contract and may do so via a bi-laterally executed, written modification in accordance with FAR 52.212-4(c). Distribution shall be made via email; no hard copies shall be distributed.

7. Warranty and Support

The VA Sterile Processing Service shall have full access to the hardware that constitutes this equipment. The VA Sterile Processing Service point of contact must be briefed, by the vendor, on all upgrades and changes and agrees to each prior to shipment. The vendor shall provide two (2) sets of Instruction for Use manuals (electronic or hard copy) to VA Sterile Processing Service. Additionally, Contractor shall provide the standard OEM (Original Equipment Manufacturer) warranty period for all equipment provided starting upon receipt of delivery to VA.

1. Contractor employees who work in or travel to VHA locations must comply with the following:

a. Documentation requirements:

1) If fully vaccinated, shall show proof of vaccination.

NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

2) If unvaccinated and granted a medical or religious exception, shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test.

3) Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

4) Documentation shall not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

5. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates.

6. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

(End of Statement of Work)

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

This request is for a contract to replace existing Medivators that have reached their shelf life.

Contract Period: Base POP Begin: 04-11-2025 POP End: 07-10-2025 PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

LOCAL STOCK NUMBER: 0001

SECTION C - CONTRACT CLAUSES

C.1 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause)

C.2 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

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

(1) Means a small business concern—

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

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

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

(iv) The business has been certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.

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

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

(4) The term ‘‘small business concern owned and controlled by Veterans with service-connected disabilities’’ has the meaning given the term ‘‘small business concern owned and controlled by service-disabled veterans’’ under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)).

(5) The term “SDVOSB participant” or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102).

(b) General. In order for a concern to submit an offer and be eligible for the award of an SDVOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be listed as an SDVOSB participant in the SBA certification database as set forth in 13 CFR 128.

(1) Offers received from entities that are not certified SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered.

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

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

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only certified SDVOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible and certified SDVOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70.

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

(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not certified SDVOSBs listed in the SBA certification database (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/ VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases). When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(2) Supplies/products.

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

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

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

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

(5) Subcontracting. An SDVOSB subcontractor must meet the NAICS size standard assigned by the prime contractor and be certified and listed in the SBA certification database to count as similarly situated. Any work that a first tier SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13 CFR 125.6.

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

[X] By the end of the base term of the contract or order, and then by the end of each subsequent option period; or [] By the end of the performance period for each order issued under the contract.

(f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture complies with the requirements in 13 CFR 128.402 and the managing joint venture partner makes the representations under paragraph (c) of this clause. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

(g) Precedence. The VA Veterans First Contracting Program, as defined in VAAR 802.101, subpart 819.70, and this clause, takes precedence over any inconsistencies between the requirements of the SBA Veteran Small Business Certification Program and the VA Veterans First Contracting Program.

(h) Misrepresentation. Pursuant to 38 U.S.C. 8127(g), any business concern, including all its principals, that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB status is subject to debarment from contracting with the Department for a period of not less than five years (see VAAR 809.406–2 Causes for Debarment).

(End of Clause) C.3 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (JAN 2023) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(l)(2), the offeror certifies that—

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

(i) [ ] In the case of a contract for supplies or products (other than from a nonmanufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(ii) [ ] In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) is granted. The offeror understands that, as provided in 13 CFR 121.406(b)(7), such a waiver has no effect on requirements external to the Small Business Act, such as the Buy American Act or the Trade Agreements Act.

(2) Manufacturer or nonmanufacturer representation and certification. [Offeror fillin—check each applicable box below. The offeror must select the applicable provision below, identifying itself as either a manufacturer or nonmanufacturer]:

(i) [] Manufacturer or producer. The offeror certifies that it is the manufacturer or producer of the end item being procured, and the end item is manufactured or produced in the United States, in accordance with paragraph (a)(1)(i).

(ii) [ ] Nonmanufacturer. The offeror certifies that it qualifies as a nonmanufacturer in accordance with the requirements of 13 CFR 121.406(b) and paragraph (a)(1)(ii). The offeror further certifies it meets each element below as required in order to qualify as a nonmanufacturer.

[ ] The offeror certifies that it does not exceed 500 employees (or 150 employees for the Information Technology Value Added Reseller exception to NAICS code 541519, which is found at 13 CFR 121.201, footnote 18).

[ ] The offeror certifies that it is primarily engaged in the retail or wholesale trade and normally sells the type of item being supplied.

[ ] The offeror certifies that it will take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice.

(iii) [ ] The offeror certifies that it will supply the end item of a small business manufacturer, processor, or producer made in the United States, unless a waiver as provided in 13 CFR 121.406(b)(5) has been issued by SBA. [Contracting Officer fill-in or removal (see 13 CFR 121.1205). This requirement must be included for a single end item. However, if SBA has issued an applicable waiver of the nonmanufacturer rule for the end item, this requirement must be removed in the final solicitation or contract.] or [Contracting officer tailor clause to remove one or other block under subparagraph (iii).] [ ] If this is a multiple item acquisition, the offeror certifies that at least 50% of the estimated contract value is composed of items that are manufactured by small business concerns. [Contracting Officer fill-in or removal. See 13 CFR 121.406(d) for multiple end items. If SBA has issued an applicable nonmanufacturer rule waiver, this requirement must be removed in the final solicitation or contract.]

(3) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(4) If VA determines that an SDVOSB/ VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and

(iii) Prosecution for violating 18 U.S.C. 1001.

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract or to determine whether the offeror qualifies as a manufacturer or nonmanufacturer in compliance with the limitations on subcontracting requirement. Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification I hereby certify that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].

Printed Name of Signee: ___________ Printed Title of Signee: _____________ Signature: ____________ Date: ______________ Company Name and Address: _______________ (End of Clause)

C.4 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract. Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of Clause)

C.5 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

Shipment of deliverable items, other than reports, shall be to:

Department of Veterans Affairs Southeast Louisiana Veterans Health Care System (SLVHCS) 2400 Canal Street New Orleans LA 70119 (End of Clause)

C.6 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

Material shall be packed for shipment in such a manner that will insure acceptance by common carriers and safe delivery at destination. Containers and closures shall comply with regulations of carriers as applicable to the mode of transportation.

(End of Clause)

C.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

(End of Clause)

C.8 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

The Contracting Officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee’s authority. A copy of the designation letter shall be furnished to the Contractor.

(End of Clause)

C.9 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

C.10 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause)

C.11 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

(a) Supplies and equipment. Rejected goods will be held subject to Contractor’s order for not more than 15 days, after which…