36C25722Q1185_1.docx

36C25722Q1185

GENERAL INFORMATION

Network Contracting Office 17

5441 Babcock Road Ste. 302 San Antonio TX 78240

POINT OF CONTACT*

CONTRACT SPECIALIST

MICHAEL A. GRIER

MICHAEL.GRIER@VA.GOV

(661)312-6658

Please Submit All Quotes Via Email

PLACE OF PERFORMANCE

ADDRESS

DEPARTMENT OF VETERANS AFFAIRS

Central Texas Veterans Health Care Sys.

1901 Veterans Memorial Drive

Temple TX

ADDITIONAL INFORMATION

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

DESCRIPTION

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

36C25722Q1185 09-16-2022 Michael A. Grier (210)694-6227 09-20-2022 10:00am

CDT

36C671 Department Of Veterans Affairs Network Contracting Office 17 5441 Babcock Road Ste. 302 San Antonio TX 78240 X X 339113 750 Employees N/A X Department of Veterans Affairs Central Texas Veterans Health Care 1901 S. Veterans Memorial Drive Temple TX 76504 36C671 Department Of Veterans Affairs Network Contracting Office 17 5441 Babcock Road Ste. 302 San Antonio TX 78240

This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.

(877) 353-9791

(512) 460-5540 See CONTINUATION Page

SEE SCHEDULE

See CONTINUATION Page X X Clements, Matthew G.

Contracting 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 36C257 Clements, Matthew G.

Department Of Veterans Affairs Network Contracting Office 17 5441 Babcock Road Ste. 302 San Antonio TX 78240

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:

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Notebook Computer Minimum Specifications: Windows 32 or 64 bit Computer with 4GB RAM.

Contract Period: Base POP Begin: 09-30-2022 POP End: 03-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

LOCAL STOCK NUMBER: M998201

DUET 2 Channel AEP with OAE base Unit.

POP Begin: 09-30-2022 POP End: 03-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: M011007O

Auxillary Sound Output Channels.

POP Begin: 09-30-2022 POP End: 03-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: M014801

Both SmartDPOAE (M813000) & SmartTrOAE (M814000)

POP Begin: 09-30-2022 POP End: 03-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: M813003

10D OAE Probe.

POP Begin: 09-30-2022 POP End: 03-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: M032103

Eartip, Earlink 3A, standard(bag of 50 pcs)

POP Begin: 09-30-2022 POP End: 03-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: 80A4820900

Smart EP Software - required for EP operation.

POP Begin: 09-30-2022 POP End: 03-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: M811000

SmartEP-Chained Stimulus Option.

POP Begin: 09-30-2022 POP End: 03-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: M811001

P300/ Mismatched Negativity Software option

POP Begin: 09-30-2022 POP End: 03-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: M811002

SmartEP-eABR option (Trigger&special eABR Transmitter)

POP Begin: 09-30-2022 POP End: 03-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: M811010

SmartEP-ASSR Option (As add-on to SmartEP)

POP Begin: 09-30-2022 POP End: 03-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: M811007A

DUET - eABR FISCHER-to-BNC cable

POP Begin: 09-30-2022 POP End: 03-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: M013152

Smart EP-VEMP Software (Requires Power Transmitter )

POP Begin: 09-30-2022 POP End: 03-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: M811016

VEMP Response Box for Duet.

POP Begin: 09-30-2022 POP End: 03-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: M025500D

Notched Noise Masking Option (Requires M014801).

POP Begin: 09-30-2022 POP End: 03-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: M014800

ELC/GOLD TIPTRODE 13MM,20 PACK

POP Begin: 09-30-2022 POP End: 03-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: 019-741901

NuPrep Skin Prepping Gel, 4 oz. tubes, packaged 3/pkg

POP Begin: 09-30-2022 POP End: 03-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: 122-736100

TAPE, SURGICAL ROLL 1" WIDE, Box of 12

POP Begin: 09-30-2022 POP End: 03-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: 123-723900

PASTE/TEN20 PASTE 4OZ TUBE- 3PK

POP Begin: 09-30-2022 POP End: 03-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: 122-736000

ELC/EEG GLD 6MM 1M, 12 PK, DIN

POP Begin: 09-30-2022 POP End: 03-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: 019-772500

CBL/GLD TIPTRODE 1M,DIN

POP Begin: 09-30-2022 POP End: 03-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: 085-415000

WICK ELECTRODE PACK.

POP Begin: 09-30-2022 POP End: 03-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: M019260

DSPO SNPELECTRD 720-SERIES 2CT

POP Begin: 09-30-2022 POP End: 03-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: 8-64-22002

GEL/SPECTRA 360 8.5 OZ TUBE1EA.

POP Begin: 09-30-2022 POP End: 03-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: 016-401800

DUET 4 Snap Leads Patient Cable

POP Begin: 09-30-2022 POP End: 03-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: M010322

DUET 5 Electrode Leads Patient Cable

POP Begin: 09-30-2022 POP End: 03-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: M010332

ER3C Insert Earphones (300 ohms.

POP Begin: 09-30-2022 POP End: 03-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: M015302

Bone Vibrator (B-81) (Bone, Cable and Adult Headband)

POP Begin: 09-30-2022 POP End: 03-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: M014404

120V Isolation Transformer Compact 500 Watts (for Mobile Cart)

POP Begin: 09-30-2022 POP End: 03-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: M998606

Printer - Color Inkjet (HP932C or silimar)

POP Begin: 09-30-2022 POP End: 03-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: M998705

Compact cart for the HIS Duet EP system

POP Begin: 09-30-2022 POP End: 03-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: M999000

AUD TRAINING - FULL DAY.

POP Begin: 09-30-2022 POP End: 03-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: 025312

B.3 DELIVERY SCHEDULE

Central Texas Veterans Health Care Sys.

1901 Veterans Memorial Drive Temple, TX 76504

USA

(254) 743-0828 Selman.Bridges@va.gov

Central Texas Veterans Health Care Sys.

1901 Veterans Memorial Drive Temple, TX 76504

USA

Central Texas Veterans Health Care Sys.

1901 Veterans Memorial Drive Temple, TX 76504

USA

Central Texas Veterans Health Care Sys.

1901 Veterans Memorial Drive Temple, TX 76504

USA

Central Texas Veterans Health Care Sys.

1901 Veterans Memorial Drive Temple, TX 76504

USA

Central Texas Veterans Health Care Sys.

1901 Veterans Memorial Drive Temple, TX 76504

USA

Central Texas Veterans Health Care Sys.

1901 Veterans Memorial Drive Temple, TX 76504

USA

Central Texas Veterans Health Care Sys.

1901 Veterans Memorial Drive Temple, TX 76504

USA

Central Texas Veterans Health Care Sys.

1901 Veterans Memorial Drive Temple, TX 76504

USA

Central Texas Veterans Health Care Sys.

1901 Veterans Memorial Drive Temple, TX 76504

USA

Central Texas Veterans Health Care Sys.

1901 Veterans Memorial Drive Temple, TX 76504

USA

Central Texas Veterans Health Care Sys.

1901 Veterans Memorial Drive Temple, TX 76504

USA

Central Texas Veterans Health Care Sys.

1901 Veterans Memorial Drive Temple, TX 76504

USA

Central Texas Veterans Health Care Sys.

1901 Veterans Memorial Drive Temple, TX 76504

USA

Central Texas Veterans Health Care Sys.

1901 Veterans Memorial Drive Temple, TX 76504

USA

Central Texas Veterans Health Care Sys.

1901 Veterans Memorial Drive Temple, TX 76504

USA

Central Texas Veterans Health Care Sys.

1901 Veterans Memorial Drive Temple, TX 76504

USA

Central Texas Veterans Health Care Sys.

1901 Veterans Memorial Drive Temple, TX 76504

USA

Central Texas Veterans Health Care Sys.

1901 Veterans Memorial Drive Temple, TX 76504

USA

Central Texas Veterans Health Care Sys.

1901 Veterans Memorial Drive Temple, TX 76504

USA

Central Texas Veterans Health Care Sys.

1901 Veterans Memorial Drive Temple, TX 76504

USA

Central Texas Veterans Health Care Sys.

1901 Veterans Memorial Drive Temple, TX 76504

USA

Central Texas Veterans Health Care Sys.

1901 Veterans Memorial Drive Temple, TX 76504

USA

Central Texas Veterans Health Care Sys.

1901 Veterans Memorial Drive Temple, TX 76504

USA

Central Texas Veterans Health Care Sys.

1901 Veterans Memorial Drive Temple, TX 76504

USA

Central Texas Veterans Health Care Sys.

1901 Veterans Memorial Drive Temple, TX 76504

USA

Central Texas Veterans Health Care Sys.

1901 Veterans Memorial Drive Temple, TX 76504

USA

Central Texas Veterans Health Care Sys.

1901 Veterans Memorial Drive Temple, TX 76504

USA

Central Texas Veterans Health Care Sys.

1901 Veterans Memorial Drive Temple, TX 76504

USA

Central Texas Veterans Health Care Sys.

1901 Veterans Memorial Drive Temple, TX 76504

USA

Central Texas Veterans Health Care Sys.

1901 Veterans Memorial Drive Temple, TX 76504

USA

Central Texas Veterans Health Care Sys.

1901 Veterans Memorial Drive Temple, TX 76504

USA

B.4 Statement of Work

GENERAL: CTVHCS Surgical Service Audiology Clinic will appoint one (1) COR for this one-time Purchase for brand name or equal to DUET 2 Channel AEP with OAE base Unit. When service is requested, the contractor will always contact the COR, Mr. Selman Bridges at email Selman.Bridges@va.gov 254-743-0828.The contractor shall provide all requirements for the equipment outlined below. The contractor. Reference below for equipment type and the quantity.

DESCRIPTION OF WORK: The MFG will provide the following equipment to procure a DUET 21 Channel AEP with OAE BASE Unit from NATUS. Must provide Notebook Computer Minimum Specifications: Windows 32 or 64 bit Computer with 4GB RAM Easy main screen access to test settings Quickly load your own or preset protocols Automated impedance checking and on-screen display New EEG display option for easy viewing of the patient state during testing Great variety of options that allow you to perform the tests the way you want them Automatically arrange recordings by intensity, acquisition order, or rate On-screen recording information Must be able to Change most test parameters with a single click Set your own display scale Easily mark waveforms using over thirty pre-defined peak labels, or create your own custom labels View latency and amplitude of peaks directly on the waveform Latency-Intensity graphs indicating normative data ranges are automatically generated from marked waveforms Quickly add, subtract, invert, time shift, or cross-correlate recordings Split-sweep view to visualize single recording repeatability Multi-page display and reports Easy PDF report generation Auto-save reports on program exit Choose from a variety of stimuli, or generate or import your own custom stimuli Details of procurement is also lined out in the IGCE.

PERIOD OF PERFORMANCE:

From date of award to acceptance of delivery and compliance

PLACE OF PERFORMANCE:

Department of Veterans Affairs Audiology Section BLDG 204 1901 Veterans Memorial Dr, Temple, TX 76504

REQUIREMENTS:

· The contractor shall provide all required service, labor, supervision, travel, and parts for the equipment listed in the description of work

Notebook Computer Minimum Specifications: Windows 32 or 64 bit Computer with 4GB RAM DUET 2 Channel AEP with OAE base Unit Auxillary Sound Output Channels Both SmartDPOAE (M813000) & SmartTrOAE (M814000) 10D OAE Probe M034007-10B+ Disposable Foam Eartips Adult 14mm (50/Pck) M034013-OAE Plastic Eartips for 10B+/10D (case 10 each 3- 13mm) Smart EP Software - required for EP operation SmartEP-Chained Stimulus Option P300/ Mismatched Negativity Software option SmartEP-eABR option (Trigger&special eABR Transmitter) DUET - eABR FISCHER-to-BNC cable Smart EP-VEMP Software (Requires Power Transmitter ) VEMP Response Box for Duet Notched Noise Masking Option (Requires M014801) 720 Ambu Disposable Electrode Pack Reusable Electrode Pack Needle Electrode Pack (Box of 10 Needles) Tip-Trode Electrode Pack (Cables Pair and 2 Bags)

WICK ELECTRODE PACK

Ambu Snap Electrodes (2 packs of 25 electrodes) Spectra 360 Electrode Gel DUET 4 Snap Leads Patient Cable DUET 5 Electrode Leads Patient Cable ER3C Insert Earphones (300 ohms) TDH49 Headphones (300 ohms) Miscellaneous 120 Volt Isolation Transformer Printer - Color Inkjet (HP932C or similar) Mobile Compact Mini Cart

AUD TRAINING - FULL DAY

HOURS OF PERFORMANCE

Delivery shall occur Monday through Saturday 8:00 AM to 9:00 PM CST for all issues requiring corrective maintenance, and Monday through Friday 8:00 AM to 9:00 PM CST for all Periodic Maintenance. There will be 24/7 telephone support and 24/7 Remote Access.

DOCUMENTATION:

Once the delivery has arrived at the facility, the COR or assigned associate must confirm receipt of the equipment. The vendor must provide official documentation of delivery and acceptance must be signed off by the COR or assigned associate.

PLACE OF PERFORMANCE:

Audiology Section BLDG 204 1901 Veterans Memorial Dr, Temple, TX 76504

HOLIDAYS: The following is a list of U.S. Government holidays. If the holiday falls on a Saturday, the proceeding Friday is observed as the holiday; if the holiday falls on a Sunday, the following Monday is observed as the holiday and any other day specifically declared by the President of the United States to be a national holiday.

Memorial Day Juneteenth

Last Monday in May June 19

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

Documentation requirements:

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 VOCID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination If unvaccinated and granted a medical or religious exception, shall show negative COVID-19 test results dated within three (3) 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 DFA approved over-the-counter test.

Documentation cited in the 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.

Documentation will 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

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 following website: COVID-19 Screening Tool (https://www.va.gov/covid19screen/). Regularly check the website for updates.

· Contractor employee who work away from VA locations, but who will have direct patient contract with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

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

Security Requirements

· Information Systems Officer, Information Protection: The contractor will not have access to VA Desktop computers, nor will they have access to online resources belonging to the government while conducting services.

· Privacy Officer: The contractor will not have access to Patient Health Information (PHI) nor will they have the capability of accessing patient information during the services provided to the VA.

· Records Manager: There will be no federal records created, maintained, used or dispositioned with this contract; regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] Government-Furnished Equipment (GFE)/Government-Furnished Information (GFI).

· None provided or required.

36C25722Q1185

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.2 52.232-35 DESIGNATION OF OFFICE FOR GOVERNMENT RECEIPT OF ELECTRONIC FUNDS TRANSFER INFORMATION (JUL 2013)

(a) As provided in paragraph (b) of the clause at 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management, the Government has designated the office cited in paragraph (c) of this clause as the office to receive the Contractor's electronic funds transfer (EFT) information, in lieu of the payment office of this contract.

(b) The Contractor shall send all EFT information, and any changes to EFT information to the office designated in paragraph (c) of this clause. The Contractor shall not send EFT information to the payment office, or any other office than that designated in paragraph (c). The Government need not use any EFT information sent to any office other than that designated in paragraph (c).

(c) Designated Office:

Name:

Mailing Address:

Telephone Number:

Person to Contact:

Electronic Address:

(End of Clause) C.3 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

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

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

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

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

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.] [] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

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

[] 852.215–71, Evaluation Factor Commitments.

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

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

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

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

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

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

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

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

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

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

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

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

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

[] 852.233–71, Alternate Protest Procedure.

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

[X] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

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

[] 852.270–1, Representatives of Contracting Officers.

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

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

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

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

[] 852.273–74, Award without Exchanges.

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

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause) C.4 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes VAAR 852.219-10 VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause) C.5 VAAR 852.219-78 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (SEP 2021) (DEVIATION)

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

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

(i) [ ] In the case of a contract for supplies or products (other than from a…