36C25724Q0617 Solicitation.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

674-24-3-874-0069

36C25724Q0617 06-26-2024

Dayna Cantu 512-922-0142 07-08-2024

12:00 PM CDT

36C257 Department Of Veterans Affairs Network Contracting Office 17 Regional Procurement Office West (RPO-W 5441 Babcock Road Ste. 302 San Antonio TX 78240

X

339112

1000 Employees

N/A

36C674

Department of Veterans Affairs Central Texas Veterans Health Care Sys

RM: BD108C / BD103

1901 Veterans Memorial Drive Temple TX 78229

36C257

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

The contractor shall provide SPS Replacement of Steam Sterilizers, Irrigation Systems, Washers/Disinfectors in accordance with the Statement of Work and the terms and conditions contained herein.

See CONTINUATION Page

X 1

Shannon Hodgson Contracting Officer

36C25724Q0617

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 (NOV 2023)

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

C.3 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.4 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.5 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023)

C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

C.7 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.8 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

C.9 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)

E.2 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

E.3 52.204-20 PREDECESSOR OF OFFEROR (AUG 2020)

E.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

E.5 52.204-24 REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (NOV 2021)

E.6 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT

2018)

E.7 52.211-6 BRAND NAME OR EQUAL (AUG 1999)

E.8 52.225-6 TRADE AGREEMENTS CERTIFICATE (FEB 2021)

E.9 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.10 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE

RESOLUTION (OCT 2018)

E.11 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.12 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.12 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

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@va.gov 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 Dayna Cantu dayna.cantu@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) 36C674 Cheryl Rush cheryl.rush2@va.gov Department of Veterans Affairs VA Central Texas Health Care System 1901 Veterans Memorial Drive Temple, TX 76504 mailto:Shannon.hodgson@va.gov mailto:dayna.cantu@va.gov mailto:cheryl.rush2@va.gov

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] Upon delivery and acceptance of items / de-installation and installation of equipment

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 (SOW) CTX SPS Replacement of Steam Sterilizers, Irrigation Systems, Washers/Disinfectors

A. GENERAL GUIDANCE:

1. Project Description: Delivery and Installation of three (3) each, brand name or equal AMSCO 600 Pre-vacuum Steam Sterilizers (26.5”) and one (1) each brand name or equal AMSCO 400 Small Steam Sterilizer 20S. Deinstallation and Disposal of three existing AMSCO Evolution HC1500 Sterilizers and one existing AMSCO 400 Pre-vacuum sterilizer.

Delivery and Installation of two (2) manufactured brand name or equal Innowave PRO Sonic Irrigators and four (4) brand name or equal AMSCO 7053HP Steam Heated Washer/Disinfectors. Deinstallation and Disposal of two (2) existing manufactured Caviwave

CR12 Floor Model Ultrasonic Cleaning Systems and three (3) Reliance Vision Single Chamber washers/disinfectors in use in SPS Decon Area within the facility.

Equipment and service to be provided to Central Texas Veterans Health Care System VA Medical Center (VAMC), Temple, TX.

2. Scope of Work:

Vendor shall deinstall, install, and remove three replacement steam sterilizers with integrated steam generator and three water treatment systems for steam generators, and one small steam sterilizer. Vendor shall deinstall, install and remove two ultrasonic cleaning systems and three multi-chamber disinfecting systems. Any damage to facility during installation will be repaired prior to departure. Areas of work to be inspected prior to installation of all sterilization, washing and disinfecting equipment, and upon completion of installation of all equipment. This includes filling any voids that were created that will effect change to prep room air balance and install any stainless-steel moldings or trim to cover filled voids.

AMSCO 600 Large Steam Sterilizer, QTY 3 EA (Brand-name or equal):

Salient characteristics:

• Shall offer operating dimensions of no more than 26.5” X 26.5” X 63”

• Shall use 480V electrical vacuum pump and steam generator connection.

• Shall be in accordance with ANSI/AAMI ST8: 2013, Hospital Steam Sterilizers.

• Shall have a high-capacity chamber that is validated to sterilize up to (15) 25 lb.

instrument trays (375lbs).

• Shall have vertical sliding door with pneumatic drive.

• Shall offer fully jacketed chamber construction to reduce internal condensation.

• Shall efficiently sterilize heat- and moisture-stable materials and must be equipped with pre-vacuum, gravity, liquid, and all applicable test cycles.

• Shall have 45kW integral stainless-steel generator for clean steam, which requires

RO/DI water.

• Interior chamber dimensions must be able to fit racks.

• Shall offer stainless steel piping for steam delivery, pneumatic valves, and vacuum pump.

• Shall have high resolution touch screen display, preferably with a real-time microprocessor-based control system.

• Shall have thermal printer compatible with nonfading thermal transfer label paper.

• Shall have USB port for data download.

• Shall include operation and maintenance manual.

• Shall be compatible with ConnectAssure technology for cycle data export to Censitrac instrument tracking system.

Transfer Carriage/Loading Car 26.5” X 26.5” X 63” (AMSCO 600)

• Loading car shall be for vertical sliding door sterilizer.

• Loading car shall have a chamber rail, with room for up to three shelves no longer than 63”

• Loading cart shall be able to support up to 375 lbs. of instruments (maximum)

AMSCO 400 Small Steam Sterilizer, QTY 1 EA (Brand-name or equal):

Salient characteristics:

• Shall offer operating dimensions of no more than 20” X 20” X 38”.

• Shall offer automated pre-vacuum single vertical sliding door with hands-free operation.

• Shall use 480V electrical vacuum pump and steam generator connection.

• Shall be in accordance with ANSI/AAMI ST8: 2013, Hospital Steam Sterilizers

• Shall offer chamber capacity that has been validated to sterilize up to (3) 25lb instrument trays.

• Shall offer integrated minimum 30kW electric steam generator that includes automated flush and drain function.

• Shall offer steam activated gasket which requires no lubrication.

• Shall have a touch-sensitive screen.

• Shall have up to 12 programmable cycles, shall include “Immediate Use”, Prevac 4+1, Gravity and Liquids.

• Shall offer ability to customize cycles.

• Shall offer pressure vessel chamber with full jacket design to minimize the formation of excess condensation on the chamber interior.

• Shall have ability to connect to ink on paper impact printer to provide permanent cycle record.

• Shall offer ability to be monitored with remote service monitoring.

• Shall be compatible with ConnectAssure technology for cycle data export to Censitrac

• Shall include operation and maintenance manual.

Transfer Carriage/Loading Car 20” X 20” X 38” (AMSCO 400 Small)

• Loading car shall be for vertical sliding door sterilizer.

• Shall have up to 3 shelves.

• Car must be able to support up 225 lbs. per car.

Innowave PRO Sonic Irrigators, QTY 2 EA (Brand-name or equal):

• Shall be comparable to Innowave PRO Sonic Irrigator (208V/3Ph/60Hz).

• Shall offer operating dimensions of no more than 36.2” X 43.8” X 49.6”.

• Shall be freestanding in a stainless-steel cabinet.

• Shall offer high-capacity capability to ultrasonically clean up to 60 lumened devices or up to 66 lbs. of instruments.

• Shall offer sonic irrigation technology which exposes both the instruments’ external surface and internal channels (if connected) to ultrasonic activity.

• Shall have multiple cycle phases: pre-wash, wash, disinfections, and rinse phases.

• Shall include chemical storage compartment for detergent and/or lubricant, with weight detection sensor to detect if there is sufficient chemical to run a cycle.

• Shall be enabled with an air-purge phase to assist with drying.

• Shall offer an automated elevator for easy loading and unloading that automatically adjusts height.

• Shall offer thermal disinfection.

• Shall be equipped with sonic irrigation, power flush, deluge wash, thermal disinfection, auto lid-locking, and foot pedal.

• Shall have status indicator lights.

• Shall include operation and maintenance manual.

• Shall have touch screen control with navigation.

• Shall have USB port to be able to export important cycle parameters.

Eliminizer Combo/Basket requirements

• Shall include dryer/filter combination.

• Shall include first stage drying filter and second stage pre-filter.

• Shall include up to three each equal size baskets, large enough to hold six standard Da

Vinci Pro Xi endowrists.

• Baskets must hold a maximum weight up to 22 lbs. each, 66 lbs. total.

AMSCO 7053HP single-chamber washer/disinfectors, QTY 4 EA (Brand-name or equal):

• Shall be comparable to AMSCO 7053HP, 460-480V, 3 Ph, 60 Hz steam heated washer/disinfector, single chamber.

• Shall be compliant with ANSI/AAMI ST 15883-2 and ISO 15883-2 standards for thermal disinfection.

• Shall offer operating dimensions of no more than 42” x 80 ¾” x 38” due to preexisting structure.

• Shall offer loading height comparable to cart.

• Shall offer constructed stainless steel with removable stainless-steel filter preventing debris from entering pump and piping system.

• Shall have touchscreen panel and color visual progress indicator.

• Shall have cycle for disinfection of Robotic Assistance Surgery (RAS) components.

• Shall have installation kit, flexible hoses for utilities, to include manual shut off valves and manometer for pressure reading on all water inlet lines.

• Shall have a manual shut off valve for both steam and condensate return lines.

• Shall have LED status indicator lighting.

• Shall offer audible warning system with adjustable volume.

• Shall have space saving, power vertical sliding door.

• Shall have factory-loaded cycles, with up to 20 Customizable cycles.

• Shall have spray arm system providing entire chamber coverage.

• Shall have ability to be steam-heated, electric heated.

• Shall include operation and maintenance manual.

AMSCO Rack Return

• Shall have an Obstruction Sensor that automatically opens the door when an obstruction is present.

• Shall have an Interlocked two door system helps maintain compliance with ANSI/ASHRAE/ASHE Standard 170-2017, Ventilation of Health Care Facilities by maintaining negative airflow on the soiled side and positive pressure on the clean side.

• Shall accommodate both standard and long chamber racks and is compatible with universal and hinge style transfer carts.

3. Place of Performance: Central Texas Veterans Health Care System, 1901 Veterans Memorial Drive., Temple, TX 78229. Sterile Processing Service (SPS), Prep Room, room number BD108C, and Decon Room, room number BD103.

4. Period of Performance: 12 Weeks ARO

B. CONTRACT AWARD MEETING:

“Kick-Off” meeting is required to initiate the contract.

C. GENERAL REQUIREMENTS:

1. Assembly and Installation Requirements: Vendor will provide staff to perform work.

Vendor responsible for housing and supporting vendor staff.

Installation includes all necessary labor and materials required to uncrate, set-in-place and assemble.

Vendor and SPS leadership with POC will be immediately available if there is a grievance or issue between vendor and CTVHCS SPS staff.

Vendor staff must be able to work nights and weekends as this is the best time to perform duties without disrupting schedules for procedures. CTVHCS SPS Temple will be available till 9:00PM and is open on weekends.

Federal Holidays observed by CTVHCS are:

New Year’s Day Martin Luther King, Jr. (day of observance) Washington’s Birthday Memorial Day Juneteenth Independence Day Labor Day Columbus Day

Veteran’s Day Thanksgiving Day Christmas Day

Delivery trucks will not be permitted to remain at the loading dock. Trucks shall be unloaded, moved from the dock, and then brought back to the dock if required to haul out any waste, tools, or excess materials.

Labeling of delivered items shall include the awarded contract number and VA purchase order number for identification and reference upon receipt of product.

During the entire duration of assembly and installation, the vendor will have a competent representative on-site as the vendor’s contact, and to serve as the interface between the vendor and CTVHCS. The POCs may provide specific instructions, however, only the Contracting Officer may change the terms or conditions of the contract.

Vendor will not operate VHA owned equipment unless consultation and VHA trained staff are present to ensure safe operation.

Vendor shall wear required PPE provided by the VA within the SPS location while services are being rendered.

Point of Contact (POC):

POC:

Cheryl Rush Administrative Officer – CTVHCS Sterile Processing Service

(254) 899-7877 Ext 57877 cheryl.rush@va.gov

Alternate POC:

Christopher E. Gould SPS Assistant Chief

(254) 743-0285 Ext 40285 christopher.gould1@va.gov

2. Reporting Requirements: Any photographs taken will be cleared by CTVHCS-SPS staff and will not include SPS staff.

The vendor/contractor shall notify the POC of the existence or development of any defects in, or repairs to equipment covered under this contract which the Contractor considers he/she is not responsible for under the terms of the contract such as misuse and damaged that occurred during dental & surgical procedures.

D. TRAVEL: All travel, housing and other costs are the contractor’s responsibility.

mailto:cheryl.rush@va.gov mailto:christopher.gould1@va.gov

E. GOVERNMENT RESPONSIBILITIES:

Providing Vendor Access to SPS work areas.

Providing Vendor with PPE for accessing SPS work areas.

F. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS:

In the performance of this contract, the Contractor shall take such safety precautions as the Contracting Officer or Government POCs may determine to be reasonably necessary to protect the lives and health of occupants of the building and vendor. The Contracting Officer or Government POCs upon direction from Contracting Officer shall notify the Contractor of any safety issues and the action necessary to correct these issues. Such notice, when served on the Contractor or his representative at the work site, shall be deemed sufficient for the corrective actions to be taken.

New contractor personnel security requirements, which facilitate the security programs for computer systems and automated information systems implemented by the Office of Security and Law Enforcement and Veterans Health Administration. All records (administrative and program specific) created during the period of the contract belong to Central Texas Veterans Health Care System (CTVHCS) and must be returned to CTVHCS at the end of the contract.

C&A requirements do not apply, and that a Security Accreditation Package is not required.

The POC and the Contractor will assure that-

A. No other information except what is in this contract will be shared with the contractor in any follow up communication.

B. None of the information in this contract includes Protected Health Information.

The contractor will have access to VA Desktop computers, and they will have access to online resources belonging to the government while conducting services. If removal of equipment from the VA is required, any memory storage devices, such as hard drives, solid state drives and non-volatile memory units will remain in VA control and will not be removed from VA custody.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2.00 EA ________________ _____________

InnoWave Pro Sonic Irrigator (60 Lumens) IWPRO60

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

2.00 EA ________________ _____________

ELIMINIZER COMBO - DRYER/FILTER MED1496

Manufacturing

2.00 EA _________________ _____________

FILTER FIRST STAGE (DRYING) M12594

Manufacturing

FILTER SECOND STAGE (PRE-FILTER) M12595

Manufacturing

6.00 EA _________________ _____________

IW Pro Xi Basket & Hose Set for 6 Standard Xi IW1053 InnoWave Pro Xi Basket and Hose Set for 6 Standard Xi Endowrists

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Install InnoWave PRO SE130142

Manufacturing

4.00 EA _________________ _____________

AMSCO 7053HP, 460-480V, 3 Ph, 60 Hz, Steam heated FH19042

Manufacturing

Acu-Rinse Reservoir for AMSCO 7000HP Washers (Pre-heated rinse tank)

FD000054

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Acu-Wash Reservoir for AMSCO 7000HP Washers FD000055

Manufacturing

Condensate return to drain FD353

Manufacturing

8.00 EA _________________ _____________

Auto Docking Transfer Cart Adapter for 7052/7053 Washers FD209

Manufacturing

10.00 EA _________________ _____________

Auto Docking Transfer Cart for Long Chamber Washer. Adapter for Washer or SCS required (FD209) FD179

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Two Level Manifold Rack - Long FD105

Manufacturing

4.00 EA _________________

Three Level Manifold Rack - Long FD107

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

4.00 EA _________________ _________________

Robotic Assisted Surgery (RAS) 12 Long Rack (For AMSCO 7053HP Only)

FD257

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Robotic Assisted Surgery (RAS) Cycle for AMSCO 7000HP Washers (Factory installed) FD000057

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Prolystica Acu-Hold System Rail 38" (1 each) T635Q0

12.00 EA _________________ _________________

Prolystica Acu-Hold System (1 Bottle Bracket - Each) T637Q0

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Install AMSCO 7053HP SE101692

Manufacturing

Deinstall AMSCO 7053HP SE1016921

Manufacturing

Disposal of Washer SE6025100071

Manufacturing

Installation Kit, Flexible hoses for utilities (for Steam unit) FD088

Single load and unload (Long chamber) SCSL029

Manufacturing

2.00 EA _________________ _________________

Install SCS Conveyor 4 Modules SE602462

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

3.00 EA _________________ _________________

Deinstall ATS/SCS Conveyor (Per Module) SE6022221

Manufacturing

1.00 EA _________________ _________________

AMSCO Rack Return (No Conveyors) SAS101

Manufacturing

AMSCO Rack Return Upper Cabinet SAS112

Manufacturing

AMSCO Rack Return Lower Cabinet SAS114

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

AMSCO Rack Return Top Enclosure Panels (9FT) SAS111

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

AMSCO Rack Return Audio Communication System SAS115

Manufacturing

AMSCO Rack Return Status Indicator Lighting SAS116

Manufacturing

AMSCO Rack Return Adapter Kit for Self-Docking Transfer Carts (includes 2 adapters) SAS113

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Install AMSCO Rack Return SE140172 Quote No: KTREVATHAN1511356

LOCAL STOCK NUMBER: SE140172

De-Install AMSCO Rack Return SE1401721

Manufacturing

AMSCO 600 Prevac Steam Sterilizer, 26.5X26.5X63 Electric, Single Door, Vert Slide, Rec, 480V EF1301142

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

AMSCO 600 Flush & Drain Kit for Integrated Steam Generator. For sterilizers after SN032312003, all voltages, new generator control box not required EF0000000000000003

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

AMSCO 600 Sterilizer Chamber Rail (63IN, 1590MM) AY1596154

Manufacturing

6.00 EA _________________ _________________

AMSCO 600 Loading Car with 2 Shelves (63IN, 1590MM) AY1596604

AMSCO 600 Extra Shelf for Loading Car (63IN, 1590MM) AY1596644

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

AMSCO 600 Transfer Carriage, Fixed Height (63IN, 1590MM) AY1598104

Manufacturing

Install AMSCO 600 Electric SE011492 Quote No: JSWEIGERT1656233

Manufacturing

Install Flush & Drain During Ster Installation SE0114938

Manufacturing

Install Loading Cart/Transfer Carriage SE601322

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Deinstall AMSCO 600 Electric SE0114921

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Disposal of Sterilizers and Generators SE6045100071

Manufacturing

Amsco 400 20X20X38 Prevacuum Single Sliding Recessed Electric 480V

SR0201210311

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Amsco 400 Series 20 X 20 X 38 Rack & Two Shelves, Single Door

FV021011

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Amsco 400/Lab 250/Century 20X20X38" Intermediate Shelf FV020012

Manufacturing

Install Small Sterilizer SE011062

Deinstallation - Small Sterilizers SE6018421

Manufacturing

Disposal of Sterilizers and Generators SE6045100071

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Pressure Vessel Insurance Inspection SE6022900024

Manufacturing

GRAND TOTAL _________________

B.4 DELIVERY SCHEDULE

ITEM NUMBER SHIPPING INFORMATION QUANTITY DELIVERY DATE

0001-0052 SHIP TO: The Department of Veterans Affairs SPS Prep Room

BD108C/BD103

1901 Veterans Memorial Drive Temple, TX 78229

USA

ALL

NLT 12 Weeks ARO

MARK FOR: Cheryl Rush

(254) 899-7877 Ext 57877 cheryl.rush@va.gov

FOB: DESTINATION

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

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

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

and

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

(End of Clause)

ADDENDUM to FAR 52.212-4 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 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

(End of Clause)

FAR

Number

Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT

MAINTENANCE

OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW

INFORMATION

MAY 2011

52.223-10 WASTE REDUCTION PROGRAM MAY 2011

52.228-5 INSURANCE—WORK ON A GOVERNMENT

INSTALLATION

JAN 1997

C.3 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers’ liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause)

C.4 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

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

(End of Clause)

C.5 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023)

(a) No used, refurbished, or remanufactured supplies or equipment/parts shall be provided. This procurement is for new Original Equipment Manufacturer (OEM) items only. No gray market items shall be provided. Gray market items are OEM goods intentionally or unintentionally sold outside an authorized sales territory or sold by non-authorized dealers in an authorized sales territory.

(b) No counterfeit supplies or equipment/ parts shall be provided. Counterfeit items include unlawful or unauthorized reproductions, substitutions, or alterations that have been mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified item from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitutions include used items represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics.

(c) Vendor shall be an OEM, authorized dealer, authorized distributor, or authorized reseller for the proposed equipment/system, verified by an authorization letter or other documents from the OEM. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions.

C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

(a) Definitions. As used in this clause—

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

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

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

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

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

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

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

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

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

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

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

Submission of payment requests by mail may be required for—

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

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

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

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

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

(End of Clause)

C.7 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract.

Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of Clause)

C.8 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

(a) Supplies and equipment. Rejected goods will be held subject to Contractor’s order for not more than 15 days, after which the rejected merchandise will be returned to the Contractor’s address at the Contractor’s risk and expense. Expenses incident to the examination and testing of materials or supplies that have been rejected will be charged to the Contractor.

(b) Perishable supplies. The Contractor shall remove rejected perishable supplies within 48 hours after notice of rejection. Supplies determined to be unfit for human consumption will not be removed without permission of the local health authorities. Supplies not removed within the allowed time may be destroyed.