36C25723Q1156 8-18-23.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

756-23-4-045-0733

36C25723Q1156 08-19-2023

Shalonda Cotton emails only 08-25-2023 12pm CDT

36C257 Department of Veterans Affairs NCO 17 North Texas Healthcare System Regional Procurement Office West (RPO-W) 124 E. Hwy 67, Suite 100 Duncanville TX 75137 x 100 x

811210

$34 Million

N/A

X

36C756

Department of Veterans Affairs

5001 N PIEDRAS ST

EL PASO TX 79930

36C257

NCO 17

Department of Veterans Affairs North Texas Veterans Health Care Center 124 E. Hwy 67, Suite 100 Duncanville TX 75137

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

Description: Surgical Instrument Repair Service

The contractor shall provide a quote for the items described IAW the Statement of Work and the terms and conditions contained herein.

See CONTINUATION Page

X x 1

Shannon Hodgson Contracting Officer

36C25723Q1156

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

B.4 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (DEC 2022)

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

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.5 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.6 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-

DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.8 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.9 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Products and Commercial Services (JUN 2023)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 WAGE DETERMINATION

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (MAR 2023)

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.4 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

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: Name: ____________________________________________

Address: __________________________________________

City/State/Zip: _____________________________________

POC Name: _______________________________________

POC Phone: _______________________________________

POC Email: _______________________________________

SAM UEI: ________________________________________

TIN: _____________________________________________

b. GOVERNMENT: Contracting Officer 36C257 Shannon Hodgson Shannon.hodgson@v.agov

Department of Veterans Affairs NCO 17 North Texas Healthcare System Regional Procurement Office West (RPO-W) 124 E. Hwy 67, Suite 100 Duncanville TX 75137

Contract Specialist 36C257 Shalonda Cotton Shalonda.cotton@va.gov Department of Veterans Affairs NCO 17 Contracting Office Regional Procurement Office West (RPO-W) 5441 Babcock Road Ste. 302 San Antonio, TX 78240

Point of Contact (POC) 36C756 Steven Kreftmeyer (steven.kreftmeyer@va.gov)

Department of Veterans Affairs El Paso VA Health Care System 5001 N Piedras St El Paso, TX 79930-4210

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

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

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [x] Monthly

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.

See page 1 Block 18a

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

AMENDMENT NO DATE

B.2 STATEMENT OF WORK

STATEMENT OF WORK

1. DESCRIPTION OF SERVICES/STATEMENT OF WORK:

This contract is for the provision of surgical durable medical equipment and instrumentation repair services in accordance with the terms and conditions stated herein. The Government is not obligated to any specified number of products and/or services, if any, but shall be obligated to provide payments for all items/services furnished in accordance with this contract. The period of performance shall be a base year with + 4 option as follows:

Base 9/1/2023 – 8/31/2024 Option Year 1 9/1/2024 – 8/31/2025 Option Year 2 9/1/2025 – 8/31/2026 Option Year 3 9/1/2026 – 8/31/2027 Option Year 4 9/1/2027 – 8/31/2028

The Contractor shall provide repair services on-site at 5001 N. Piedras St. El Paso, Texas 79930.

Contractor will provide certified staff to inspect and repair all instrument and equipment for cracks, proper alignment, rust and corrosion, and sharpness. Contractor will align, adjust, clean, polish, sharpen, and lubricate instruments. Contractor will advise EPVAHCS of any equipment requiring repair that is not available onsite.

Durable Medical Equipment (DME) Specifications and characteristics:

AMBULATORY SURGICAL UNIT

Container Name QTY

TRP 3

TRV 3

VA - ACUMED EXTREMITY SCREW SYSTEM - FCEB 1

VA - ASU - PEEL PACK - FCEB 100

VA - ASU BUGBEE WITH GREEN ELECTRODE-

FCEB

VA - ASU CARDIO MINOR SET - FCEB 2

VA - ASU DR FARRIS EYE SET - FCEB 5

VA - ASU DR. KRAMER - FCEB 1

VA - ASU JAEGER LID PLATE - FCEB 3

VA - ASU OLYMPUS SWIVEL CAMERA - FCEB 2

VA - ASU PAIN - FCEB 20

VA - ASU URETERSCOPE 7 DEGREE - FCEB 3

VA - ASU VASECTOMY SET - FCEB 5

VA - ASU WET-FIELD BIPOLAR - FCEB 2

VA - BASIC ORTHO SET - FCEB 1

VA - CATARACT SET - FCEB 6

VA - DR FARRIS ASU PEEL PACK - FCEB 5

VA - DR. SINGH'S SET - FCEB 3

VA - DRILL BIT BOX - FCEB 3

VA - EXTREMITY SET - FCEB 4

VA - EYE PLASTIC SET - FCEB 8

VA - GOODWIN DILATORS - FCEB 2

VA - GU MINOR SET - FCEB 4

VA - GU OLYMPUS RIGID CYSTO INST. - FCEB 1

VA - INTEGRA SPIN/BREAKOFF SCREW SYS -

FCEB

VA - LINVATEC ARTHROSCOPY SYSTEM - FCEB 5

VA - LINVATEC BITERS - FCEB 4

VA - MICROCHOICE SET - FCEB 2

VA - NEW MICROCHOICE LINVATEC - FCEB 3

VA - OLYMPUS CAMERA - SN 7301755 - FCEB 1

VA - OLYMPUS CAMERA - SN 7804738 - FCEB 1

VA - OLYMPUS GU RIGID CYSTO INST. - FCEB 3

VA - OLYMPUS SCOPES - FCEB 1

VA - PHACO SET - FCEB 6

VA - PTERYGIUM BUR - FCEB 2

VA - SHOULDER BUNDLE - FCEB 1

VA - SLOW HP - FCEB 30

VA - SMALL HAND/FOOT TISSUE SET - FCEB 3

VA - SMALL JOINT ARTHROSCOPY SET - FCEB 1

VA - SOFT TISSUE SET - FCEB 1

VA - SYNTHES MODULAR FOOT SYSTEM PAN A -

FCEB

VA - SYNTHES MODULAR FOOT SYSTEM PAN B -

FCEB

VA - SYNTHES SCREW REMOVAL SET - FCEB 1

VA - SYNTHES SMALL BATTERY DRIVE - FCEB 1

VA - SYNTHES SMALL FRAG - FCEB 1

VA - TRABECULECTOMY SET - FCEB 2

VA - UNIVERSAL BROKEN SCREW REMOVAL SET -

FCEB

VA - VAN BUREN SOUNDS - FCEB 5

VA - VASCULAR INSTRUMENT SET - FCEB 1

VA - ZIMMER CANNULATED SCREW SYSTEM -

FCEB

VA - ZIMMER MINI-FRAGMENT IMPLANT- FCEB 1

VA - ZIMMER OSTEOTOMES - FCEB 1

VA - ZIMMER SMALL FRAGMENT - FCEB 1

VA ACCUMED SET 2.7 -FCEB 1

VA ACCUMED SET 3.5 -FCEB 1

VA ASU - DIAMOND BLADE - FCEB 2

VA ASU - LENS REMOVAL - FCEB 1

VA ASU - SHUTT SMALL JOINT ARTHROSCOPY

INST

VA ASU CLINIC LEAD HAND 3

VA DR HAQUE STIMULATOR SET -FCEB 1

VA PRIMUS FLEXIBLE GREAT TOE INST SET -FCEB 1

VA-ASU Clinic Peel Pack 14

VA-Lacrimal probes & dialators 1

VA AUDIOLOGY PEEL PACK - FCEB 10

VA ASU MST MICRO INST 3

VA ASU KATENA FECHTNER RING & VERA HOOK 8

VA ASU CATARACT EXTRAS SET 4

DR. SINGH'S DUMONT JEWELER FCP 1

PRECISION TWEEZERS CURVED 7

DUMONT TITANIUM TWEEZERS NON MAGNETIC

INOX

DR. PENMATCHA ACCESSORIES SET 2

VA ASU KATENA FLIERINGA RINGS SET 2

PAIN CLINIC

VA ASU- PAIN

DESCRIPTION PEEL

PACKS CATLOG QTY

STR RANKIN FORCEPS AESCULAP BH164R 17

STR- MAYO SCISSORS V.Mueller

SU1860 1

CRV- MAYO SCISSORS

AESCULAP

BC557R 3

CLAMPS BF731 5

CLAMPS 2

TOTAL 28

DENTAL CLINIC

DENTAL SURG-O-VAC - FCEB 65

Dr. Acosta peel pack 10

ULTRA DENTURE KIT DR KRAVICH -FCEB 1

V.A. DENTAL # 2 CPR 2D 4

V.A. Dental - Dr. Kravich peel pack 20

V.A. Dental - Max Drill/Restorative Pins 10

V.A. Dental B-tip 2-tip 1

V.A. Dental Endo Small Box 5

V.A. DENTAL GREEN POLISHERS AXIS -FCEB 10

V.A. DENTAL GREEN STONES POLISHERS 25

V.A. Implant Wrench & 3 Drivers 7

V.A. Overdenture Wrench & 1 Driver 6

VA DENTAL (NEW) 2X2 CASSETTE - FCEB 90

VA DENTAL (NEW) PINK CASSETTE W/ BUR- FCEB 60

VA DENTAL (NEW) SLOW HP- FCEB 90

VA DENTAL - 30K HANDPIECE 8

VA DENTAL - CHOI HYGIENE KIT - FCEB 16

VA DENTAL - DR. GONZALES - TRS -FCEB 2

VA DENTAL - DR. KRAVICH IMPLANT- FCEB 5

VA DENTAL - DR.BORUNDA DIAMONDCOAT INSERT #2 -

FCEB

VA DENTAL - DURA/POLISHER STONES - FCEB 25

VA DENTAL - FLEX FILES 25 50

VA DENTAL - NEWTRON B HANDPIECE 1

VA DENTAL - PROTAPER 25 GOLD -FCEB 30

VA DENTAL - RUBEN /BORUNDA - DIAMOND TIP - FCEB 5

VA DENTAL - RUBEN PURPLE TIP 3X5 CASSETTE- FCEB 24

VA DENTAL - SE VALVE 2 PIECE- FCEB 3

VA DENTAL - SE VALVE ADAPTOR - FCEB 72

VA DENTAL 11 X 8 CASSETTE DR ACOSTA-FCEB 20

VA DENTAL 11 X 8 CASSETTE DR BUSH-FCEB 11

VA DENTAL 11 X 8 CASSETTE DR COTCHERY-FCEB 12

VA DENTAL 11 X 8 CASSETTE DR DAVALOS-FCEB 11

VA DENTAL 11 X 8 CASSETTE DR GANDARA-FCEB 10

VA DENTAL 11 X 8 CASSETTE DR KRAVICH-FCEB 15

VA DENTAL 11 X 8 CASSETTE ENDO-FCEB 10

VA DENTAL 11 X 8 CASSETTE IMPLANT TRAY-FCEB 6

VA DENTAL 11 X 8 CASSETTE ORAL SURGEY-FCEB 12

VA DENTAL 11 X 8 CASSETTE PERRIO-FCEB 2

VA DENTAL 11 X 8 CASSETTE STUART - FCEB 2

VA DENTAL 2 TIP -FCEB 2

VA DENTAL 2 X 2 HANPIECE - FCEB 69

VA DENTAL 3 X 5 BORUNDA-FCEB 2

VA DENTAL 3 X 5 CASSETTE RUBEN/BORUNDA-FCEB 33

VA DENTAL 3 X 5 CASSETTE VERONICA/GONZALES-FCEB 25

VA DENTAL 8 X 5 CASSETTE - TURELLA - HYGIENE 2

VA DENTAL 8 X 5 CASSETTE DR ACOSTA-FCEB 3

VA DENTAL 8 X 5 CASSETTE DR DAVALOS-FCEB 3

VA DENTAL 8 X 5 CASSETTE DR GANDARA-FCEB 5

VA DENTAL 8 X 5 CASSETTE DR KRAVICH-FCEB 10

VA DENTAL 8 X 5 CASSETTE K IMPLANTS-FCEB 5

VA DENTAL 8 X 5 CASSETTE KRAVICH SCALERS -FCEB 2

VA DENTAL 8 X 5 CASSETTE RUBEN/BORUNDA-FCEB 26

VA DENTAL 8 X 5 CASSETTE VERONICA/GONZALES-FCEB 24

VA DENTAL 8 X 5 CASSETTES APICO - FCEB 2

VA DENTAL 8 X 5 DR. BUSH TRS-FCEB 2

VA DENTAL B TIP -FCEB 3

VA DENTAL BLUE DRILL/REST. PIN -FCEB 10

VA DENTAL BLUE HAND PIECES - FCEB 6

VA DENTAL BROWN POLISHERS AXIS 40

VA DENTAL BUR - FCEB 75

VA DENTAL CHOI 5

VA Dental Clinic Newtron Slim (3PCS) 83

VA DENTAL CPR 3D 4

VA DENTAL DR.CHOI TRS - FCEB 8

VA DENTAL DRILL W/O POST SIZE 3-FCEB 10

VA DENTAL DRILL W/POST SIZE 3 -FCEB 10

VA DENTAL DRILL W/POST SIZE 4.5 -FCEB 11

VA DENTAL DURA-GREEN STONE - FCEB 12

VA DENTAL DURA-WHITE STONE - FCEB 36

VA DENTAL ENDO CORD LARGE-FCEB 5

VA DENTAL ENDO FILE 31-FCEB 15

VA DENTAL ENDO ULTRASONIC HAND PIECES - FCEB 8

VA DENTAL ENDO Z BUR 21mm FG-FCEB 66

VA DENTAL FILE SIZE 21 -FCEB 102

VA DENTAL Gandara RA5154 1

VA Dental Gates Glidden Drill - Size 3 42

VA DENTAL GATES GLIDDEN DRILLS SHORT-SIZE 4 FCEB 40

VA DENTAL GATES GLIDDEN-FCEB 30

VA DENTAL HEDSTROMS -FCEB 90

VA DENTAL IMPLANT EXTRA -FCEB 2

VA DENTAL IMPLANT OLD SYSTEM -FCEB 5

VA DENTAL IMPLANT SCREW1/ABUTEMENT1 p.o. 34113 acosta

VA DENTAL IMPLANT-FCEB 35

VA DENTAL K-31 NOBLE-FCEB 5

VA DENTAL METAL BASIN - FCEB 4

VA DENTAL METAL WATER BATH-FCEB 10

VA DENTAL NEW SCALERS - RUBEN - FCEB 17

VA DENTAL NEW SCALERS - VERONICA - FCEB 15

VA DENTAL OVER DENTURE(4PC)-FCEB 2

VA DENTAL PARALLEL SIDED POST SIZE 3-FCEB 9

VA DENTAL PARALLEL SIDED POST SIZE 5-FCEB 10

VA DENTAL PARELLEL SIDED POST SIZE 4-FCEB 16

VA DENTAL PEEL PACK - FCEB 200

VA DENTAL PEEL PACK SINGLE INST-FCEB 8

VA DENTAL PINK CASSETTE ENDO HP -FCEB 24

VA DENTAL PINK CASSETTE HIGH SPEED HP -FCEB 11

VA DENTAL PINK CASSETTE SLOW-FCEB 72

VA DENTAL PINK CASSETTE STRAIGHT -FCEB 10

VA DENTAL PINK CASSETTE W/ BUR- FCEB 85

VA DENTAL PINK DRILL/REST. PIN -FCEB 5

VA DENTAL PINK STRAIGHT BUR - FCEB 6

VA DENTAL PINK SURGICAL CASSETTE - FCEB 26

VA DENTAL POST SIZE 4.5 -FCEB 10

VA DENTAL PRECISION CUT DIAMOND BUR-FCEB 20

VA DENTAL PROTAPERS 21MM -FCEB 50

VA DENTAL PROTAPERS 25mm 80

VA DENTAL PROTAPERS D1 16MM 6

VA DENTAL PROTAPERS D2 18MM 6

VA DENTAL PROTAPERS D3 22MM 12

VA DENTAL PROTAPERS SX 19MM 61

VA DENTAL QWICKSTRIP - FCEB 21

VA DENTAL REGULAR HANDPIECES - FCEB 15

VA DENTAL REPAIR 20

VA DENTAL RUBEN TRS 8x5 - FCEB 10

VA DENTAL SCALERS - FCEB 1

VA DENTAL VERONICA/GONZALEZ 10

VA DENTAL WHITE STONE POLISHER -FCEB 50

VA DENTAL X-RAY HOLDERS-FCEB 81

VA DENTAL X-RAY RINGS-FCEB 75

VA DENTAL- IMPLANT CUSTOM ABUTEMENT -FCEB 10

VA DENTAL- PROTAPERS ASSORTMENT- FCEB 50

VA DR DAVALOS POLISHER/STONE-FCEB 15

VA ENDO MID WEST BUR -FCEB 20

VA DENTAL CROWN DELIVERY CASSETTE KRAVICH- FCEB 2

ENT

VA ENT CLINIC - ADSON BROWN FCP - FCEB 4

VA ENT CLINIC - ADSON TISSUE FCP - FCEB 4

VA ENT CLINIC - BARON SUCTION 3FR - FCEB 6

VA ENT CLINIC - BARON SUCTION 5FR - FCEB 6

VA ENT CLINIC - BARON SUCTION 7FR - FCEB 6

VA ENT CLINIC - BEAVER HANDLE - FCEB 2

VA ENT CLINIC - CURVED ROSEN PICK - FCEB

MDS4499102

VA ENT CLINIC - EMESIS BASIN - FCEB 4

VA ENT CLINIC - FRAZIER SUCTION 10FR - FCEB 3

VA ENT CLINIC - FRAZIER SUCTION 12FR - FCEB 3

VA ENT CLINIC - FRAZIER SUCTION 14FR 4

VA ENT CLINIC - GRUENWALD 8" DRESSING FCP -

FCEB

VA ENT CLINIC - HARTMAN GRASPING FCP - FCEB 2

VA ENT CLINIC - HOUSE ALLIGATOR FCP - FCEB

MDS4426116

VA ENT CLINIC - HOUSE ALLIGATOR FCP - FCEB

MDS4499602

VA ENT CLINIC - HOUSE ALLIGATOR FCP - FCEB

MDS4499401F

VA ENT CLINIC - JANSEN BAYONET FCP 6.25" -

FCEB

VA ENT CLINIC - JANSEN BAYONET FCP 7" - FCEB 5

VA ENT CLINIC - LARYNGEAL MIRROR - FCEB 8

VA ENT CLINIC - LUCAE EAR FCP 5.75" - FCEB 4

VA ENT CLINIC - NASAL SPECULUM MEDIUM -

FCEB

VA ENT CLINIC - ROSEN UTILITY - FCEB 2-170502D 4

VA ENT CLINIC - ANGLE ROSEN PICK - FCEB

MDS4499101

VA ENT CLINIC - EAR SPECULA 1

TOTAL PEEL PACKS 100

AUDIOLOGY

DESCRIPTION CATALOG QTY

MICRO ALLIGATOR EAR FCP, 4.5mm EBONY FINISH

MILTEX 19-2100-B-

MLTX

MICRO ALLIGATOR EAR FCP, 8.3CM EBONY FINISH 3

MILTEX 19-2100-B

EYE

Container Name/Description COMPANY CATALOG QTY

VA EYE BIPOLAR FCP 9.5CM BLUE AND

BLACK

VA EYE BOVIE CORD 1

VA EYE ELECTRODE NEEDLES 2

VA EYE ELLMAN ELECTRODE HP

(BLACK)

VA EYE ELLMAN ELECTRODE HP (BLUE) 5

VA EYE ELLMAN ELECTRODE HP

(GRAY)

VA EYE INSULATED NEEDLE D6A

(WHITE)-FCEB

VA EYE INSULATED NEEDLE D6B

(PURPLE)-FCEB

VA EYE INSULATED NEEDLE D6C

(ORANGE)-FCEB

VA EYE SUTURE SET -FCEB 5

VA EYE WILSON OPTHALMIC BURR -

FCEB

VA EYE- DR SINGH DUMONTJEWELER

FCP SET

VA VANNAS EYE SUTURE SET 2

VA- EYE LESION SET - FCEB 4

VA-EYE CHALAZION SET 2

DUMONT FORCEPS .0 INOX FC-5043 1

CASTROVIEJO SUTURING FORCEPS

0.3mm

STORZ E1797 1

CASTROVIEJO SUTURING FORCEPS

0.5mm

STORZ E1798 1

CASTROVIEJO SUTURING FORCEPS

0.12mm

STORZ E1796 1

BEAVER HANDLE SKLAR 97-1450 1

KNIFE HANDLE #3 FURST MDS0610301F 1

LOCKING NEEDLE HOLDER CVD STORZ E3797 1

TENOTOMY SCISSORS CRV AESCULAP BC173R 1

VANNAS CAPSULOTOMY SCISSORS

STR

STORZ E3386 1

VA-EYE CHALAZION SET

DUMONT FORCEPS .0 INOX FC-5043 1

LANBERT CHALAZION FORCEPS PRECISION 5--3743 1

MEYERHOEFER CHALAZION CURETTE STORZ E0781 1

VA EYE ELECTRODE NEEDLES - FCEB

RETRACTABLE ELECTRODE

PROTECTOR STAND

ELLMAN SKU# 66 1

NEEDLE HOLDER BARRAQUER

LOCKING

STORZ E-3843 1

WESTCOTT TENOTOMY SCISSORS CRV STEPHENS S7-1325 1

VANNAS SCISSORS CRV STORZ E3387 1

DUMONT FORCEPS 3 TWEEZERS INOX 11231-30 1

VA - EYE PEEL PACK - FCEB

DUMONT FORCEPS 3 TWEEZERS DUMONT INOX 02 15

CASTROVIEJO SUTURING FORCEPS

0.3mm

STORZ E1797 4

CASTROVIEJO SUTURING FORCEPS

0.5mm

STORZ E1798 3

CASTROVIEJO SUTURING FORCEPS

0.12mm

STORZ E1796 2

TENOTOMY SCISSORS CRV AESCULAP BC173R 1

VANNAS CAPSULOTOMY SCISSORS

STR

STORZ E3386 10

VANNAS SCISSORS CRV STORZ E3387 3

Micro Castroj. Scissors str 1

Micro Castroj. Scissors curve 6' 1

Plastic Ocular Shield Blk w/suction cup(2pc) 4

Iris Scissors: Straight STORZ E3424 1

Iris Scissors: Curve 3

Scleval Depressor 5

Meyerhoefer Chalazion Curette STORZ E0781 3

LOCKING NEEDLE HOLDER CVD STORZ E3797 7

NON-LOCKING NEEDLE HOLDER CVD STORZ E3885 1

IRIS Forceps with teeth 4

V. Mueler locrimal probe OP6972 2

ADSON TISSUE FCP KONIG MDS1018212 1

CASTROVIEJO CALIPER STR STORZ E2404 1

#9 Knife Handle 2

23G Collar Button Cannula, Angled STORZ E0566 A 5

Bishop Harmon Irrigation Cannula 19G STORZ E4922 10

Heath Chalazion STORZ E2615 15

PODIATRY

Service Container Name QTY

SUPPORT TO VA - VA PODIATRY

- FCEB

VA - BONE SET - FCEB 5

SUPPORT TO VA - VA PODIATRY

- FCEB

VA - NAIL CLIPPING PACK - FCEB 167

SUPPORT TO VA - VA PODIATRY

- FCEB

VA - PODIATRY PEEL PACK - FCEB 266

SUPPORT TO VA - VA PODIATRY

- FCEB

VA - TOE NAIL SET - FCEB 10

SUPPORT TO VA - VA PODIATRY

- FCEB

VA PODIATRY- SUTURE REMOVAL

SET - FCEB

WOMEN CLINIC

Service Container Name QTY

SUPPORT TO VA-WOMENS

CLINIC - FCEB

VA WOMEN'S VULVAR PUNCH SET -FCEB 3

SUPPORT TO VA-WOMENS

CLINIC - FCEB

VA WOMENS CLINIC (STERRAD) - PEEL

PACK -FCEB

SUPPORT TO VA-WOMENS

CLINIC - FCEB

VA WOMENS CLINIC - HEGAR DIALATORS

SET

SUPPORT TO VA-WOMENS

CLINIC - FCEB

VA WOMENS CLINIC - PEEL PACK - FCEB 203

ASU RMD PEEL PACKS

ASU - RMD PEEL PACKS

ITEMS COMPANY CATALOG # QTY

WEBSTER NEEDLE HOLDERS

SMOOTH

MEDLINE MIL86 10

MAYO HEGAR NEEDLE HOLDERS

6"

MEDLINE MDS10211 12

MAYO HEGAR NEEDLE HOLDERS

7"

MEDLINE MDS10212 12

MAYO HEGAR NEEDLE HOLDERS

8"

MEDLINE MDS10213z 10

THD NEEDLE HOLDERS

IRIS SCISSORS STRAIGHT 4.5" MEDLINE MDS0729721 5

IRIS SCISSORS CURVED 4.5" MEDLINE MDS0729726 10

STEVENS TENOTOMY SCISSORS

CVD 5.75"

MEDLINE MDS0122121 15

STEVENS TENOTOMY SCISSORS

STR 6.5"

MEDLINE MDS0122161 5

METZANBAUM SCISSORS CVD 8" MEDLINE MDS0802720 10

METZANBAUM SCISSORS CVD

10"

MEDLINE MDG3223421 5

MAYO STRAUGHT SCISSORS 5.5" MEDLINE DYND04035 10

MAYO CRUVED SCISSORS 5.5" MEDLINE MDS10055 5

HARTMAN MOSQUITO FORCEPS

STR. 4"

MEDLINE MDS1221010 10

HARTMAN MOSQUITO FORCEPS

CVD. 4"

MEDLINE MDS1221110 10

HALSTEAD MOSQUITO FORCPS

STR. 5"

MEDLINE MDS1222012F 10

HALSTEAD MOSQUITO FORCPS

CVD 5"

MEDLINE MDS1222112F 10

CRILE HEMOSTATIC FORCEPS

CVD. 5.5

MEDLINE MDS0134616 10

RANKIN-KELLY FORCEPS

STRAIGHT 6.25"

MEDLINE MDS10515 20

PEAN CURVED FORCEPS 5.5" MEDLINE MDS1231114 10

PEAN CURVED FORCEPS 9.5" MEDLINE MDS1231124 5

KOCHER INTESTINAL FORCEPS

STR 9 7/8"

MEDLINE MDS6422025 10

ADSON TISSUE FORCEPS 5" MEDLINE MDG0129379 20

ADSON BROWN TISSUE

FORCEPS 4 7/8"

MEDLINE MDS1018812F 5

TISSUE FORCEPS 5" MEDLINE MDS1012013F 10

FERRIS SMITH STRAIGHT

FORCEPS 6 3/4"

MEDLINE MDS1024618 10

RUSSIAN FORCEPS 6" MEDLINE MDS1025615 5

RUSSIAN FORCEPS 8" MEDLINE MDS1025620 5

DEBAKEY VACULAR TISSUE

FORCEPS

MEDLINE MDS0519815 10

DEBAKEY VACULAR TISSUE

FORCEPS 9.5

MEDLINE MDS1065224 10

WIRE AND PIN CUTTER MEDLINE SKA401018 2

NASAL SPECULUM MEDLINE MDS10702 20

2. QUALIFICATIONS:

a. All Contractor staff must be trained and certified technicians who have received their training from a major surgical instrumentation manufacturers (V.Mueller, Katena, Spectrum, Aesculap, W. Lorenz Surgical, Integra, Micra, etc. – See above charts)

b. Contractor must hold an ISO 9001 or 14001 Certification

3. CONFLICT OF INTEREST:

The Contractor shall not propose any person who is also an employee of the EPVAHCS if the employment of that person would create an appearance of conflict of interest.

A Government employee who is employed by a Contractor is prohibited from participating personally and substantially on behalf of the Government through decision, approval, disapproval, recommendation, rendering of advice, certifying for payment or otherwise in that contract. No VA employee who is an employee, officer, director, or trustee of an affiliated university, or who has a financial interest in the contract, may lawfully participate in a VA contract or any other Government contract with the university. Authority: Title 18 U.S.C. Section 208(a), and Title 5 Code of Federal Regulations (CFR) Section 2635.402. See attachment, VHA Handbook 1660.3 (see http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=396).

The unit costs in the Schedule of Supplies/Services represent total payments by the VA for all services necessary for repair of the DME.

The Contractor agrees to collaborate on data collection efforts related to the needs of this contract.

http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=396

4. DELIVERY SCHEDULE

All services shall be delivered during regular business hours (8:00 a.m. through 5:00 p.m., Monday through Friday, excluding Federal holidays) as follows to the following address:

Ambulatory Surgical Unit El Paso VA Health Care System ATTN: Quality, Safety and Value 5001 N Piedras Street El Paso, TX 79930

5. JOINT COMMISSION, VHA (VETERANS HEALTH ADMINISTRATION) AND OTHER

STANDARDS:

It is the expectation that the performance of contracted services will meet basic principles of risk reduction, safety, staff competence, and performance improvement. The VA retains the right of oversight of quality and safety of services provided through the contractual agreement. Methods of oversight will include but not be limited to:

The contract staff and/or agency will ensure that all contracted services provided by trained/certified technicians will be within the scope of their training/certification.

The contract staff and/or agency will provide documents attesting to the training and certification of technicians.

The contract staff and/or agency will provide documents such as policies and procedures to demonstrate prevention and management of safety risks.

The VA will monitor and evaluate contracted services through random inspection of completed services, survey of users to determine quality of repairs, and data collection of services performed. Sources of information may include audit of documentation; review of incident reports provided and/or User satisfaction information.

In the event that contracted services do not meet quality and/or safety expectations, the best remedy will be implemented, to include but not limited to a targeted and time limited performance improvement plan and/or renegotiation of the contract terms or termination of the contract.

A post award conference will be held within 15 business days of contract award to discuss and define expectations under the contract by both organizations.

Time is of the essence in this contract. The time frames specified below are required. Failure to provide written documentation relating to the services provided under this contract will be deemed incomplete services and therefore will result in delay in processing invoices or waiver of payment as described in this contract.

The Contractor shall provide the following with regard to DME repair:

a. Schedule of visits (to be coordinated with EPVAHCS Ambulatory Surgery Unit).

b. Documentation of each instrument service, service required, and service provided.

The VA POC shall be the Contractor’s point of contact at the VA for the purposes of receiving approved services, requests for documentation, and for receipt of reports. S/He will be notified of any issues that arise during a repair service visit. This individual will be responsible for coordinating VA resources to assist during a repair service visit, and informing the Contractor who the appropriate contact person is in each situation. In the absence of the VA POC, the Contractor should contact the VA Chief, Surgical Services.

6. WORK HOURS: 8:00am – 5:00pm (MST)

a. Normal Work Hours: The service schedule shall be developed between the contractor and POC prior to any service/delivery being performed.

b. 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.

HOLIDAY DATE

New Year’s Day Jan 1 Martin Luther King’s Birthday 3rd Monday in Jan President’s Day 3rd Monday in Feb Memorial Day Last Monday in May Juneteenth June 19 Independence Day July 4 Labor Day 1st Monday in Sep Columbus Day 2nd Monday in Oct Veterans Day Nov 11 Thanksgiving Day 4th Thursday in November Christmas Day December 25

7. NARA Records Management Language for Contracts

1. 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.

2. 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.

3. 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.

4. El Paso Veteran Affairs Health Care System (EPVAHCS) 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 EPVAHCS 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 EPVAHCS. The agency must report promptly to NARA in accordance with 36

CFR 1230.

5. 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 [contract vehicle]. 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 EPVAHCS 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 [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. 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 EPVAHCS guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with EPVAHCS policy.

8. The Contractor shall not create or maintain any records containing any non-public EPVAHCS information that are not specifically tied to or authorized by the contract.

9. 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.

10. The EPVAHCS 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 EPVAHCS 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.

11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA-provided records management training, Talent Management System (TMS) Item #10176, Privacy and Information Security, Rules of Behavior. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

12.00 MO ________________ ________________

Surgical Instrument Onsite Repair Service

Contract Period: Base POP Begin: 09-01-2023 POP End: 08-31-2024

PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

12.00 MO _______________ _______________

Contract Period: Option 1 POP Begin: 09-01-2024 POP End: 08-31-2025

PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and

12.00 MO ________________ ________________

Contract Period: Option 2 POP Begin: 09-01-2025 POP End: 08-31-2026

PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and

12.00 MO _______________ _______________

Contract Period: Option 3 POP Begin: 09-01-2026 POP End: 08-31-2027

PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and

12.00 MO ______________ ________________

Contract Period: Option 4 POP Begin: 09-01-2027 POP End: 08-31-2028

PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and

GRAND TOTAL _______________

B.4 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY

DELIVERY

DATE

0001-

SHIP TO: EL PASO VA HEALTH CARE

SYSTEM

5001 N PIEDRAS ST

EL PASO, TX 79930

USA

ALL See Line Items

MARK

FOR:

ALICIA HERNANDEZ

915-801-6282 Alicia.Hernandez1@va.gov

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

(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. 4701 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:

(End of Addendum 52.212-4)

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

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

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

FAR

Number

Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18

52.232-40

COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

Providing Accelerated Payments to Small Business Subcontractors

AUG 2020

MAR 2023

(End of Clause)

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract.