36C25820Q0028-002.docx

36C25820Q0028

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.

DUNS:

DUNS+4:

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

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. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

1/24/2020 Forrest Waller (Forrest.waller@va.gov) 520-629-8714 2/21/2020

1300 EST

Department of Veterans Affairs NCO22-Gilbert Network Contracting 3601 S. 6th Avenue Tucson AZ 85723

X

339116 500 Employees

N/A

Southern Arizona VA Healthcare System

NCO22-Gilbert Network Contracting

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.

Dental Lab Prosthetics in accordance with the Statement of Work for the Tucson VA

This is an Indefinite Delivery Indefinite Quantity (IDIQ) with one base year and four (4) potential one-year options.

Period of Performance is as follows:

Base Year: April 1, 2020 - March 31, 2021 Option Year 1: April 1, 2021 - March 31, 2022 Option Year 2: April 1, 2022 - March 31, 2023 Option Year 3: April 1, 2023 - March 31, 2024 Option Year 4: April 1, 2024 - March 31, 2025 x

Nonya Montano

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C258

NCO22-Gilbert Network Contracting 3601 S. 6th Avenue Tucson AZ 85723

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

3. INVOICES: Invoices shall be submitted in arrears:

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

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.

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

B.2 STATEMENT OF WORK

Statement of Work (SOW) Dental Lab Prosthetics

Section 1 General Information

General: This is a contract to provide dental laboratory prosthetics to construct removable prosthesis for eligible veteran beneficiaries. Such contract providers shall be accountable solely to the Contractor who, in turn, is responsible to the Government.

Description Introduction: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to provide dental laboratory prosthetics as defined in this Statement of Work (SOW) except for those items specified as government furnished property and services. The Contractor shall perform to the standards in this contract.

Background: The Southern Arizona VA Health Care System (SAVAHCS) provides health care services to veterans of the U.S. armed services. Part of the care provided to veterans involves providing its own prosthetic replacements for missing teeth. While the SAVAHCS facility operates its own dental lab, not all construction of dental prosthesis required for care of the veteran may be performed by the in-house lab due to lack of equipment or personnel. As a result, some dental lab services need to be sent to a certified commercial/private lab for construction.

Objectives:

· Provide daily transportation for pickup and delivery of dental prosthetic cases

· Provide all necessary dental lab supplies to construct prosthesis

· Construct prosthesis according to provider’s prescription

· Provide timely and accurate completion of dental lab cases:

· Impressions, teeth, prescriptions, finished product, etc., will be picked up from SAVAHCS Dental Service and then delivered back to the Dental Service daily, except on Federal Holidays. Pickup and delivery shall be between the hours of 8:00 a.m. and 3:00 p.m. Patient casework will be identified with patient’s last name and initial of first name only.

· All complete and partial denture steps shall be completed and delivered within five (5) working days after pickup. Denture wax cases must be transported and delivered without distortion from heat due to local Arizona weather conditions.

· Consult with the dental provider as needed

· Troubleshoot quality concerns with face-to-face meetings with providers

Scope: Contractors will provide both fixed and removable prosthetic services according to the specific list of dental lab services authorized under this contract. Lab services will be provided according to lab prescription by SAVAHCS provider and cases returned within specified timeframes. Contractor must provide customized shade matching at contractor’s site of business.

Recognized Holidays:

Hours of Operation: The Contractor is responsible for conducting business to provide reasonable coverage and to ensure timely fabrication and consultation for dental prosthesis. For a firm fixed price contract, the Contractor will not be reimbursed when the government facility is closed for the above reasons.

Security: The patient’s last name and initial of first name will be used as an identifier both for the prescription and for billing purposes. No other personal patient identifiers will be used.

Place of Performance: The work to be performed under this contract will be performed at the contractor’s facility.

Special Qualifications: Contractor’s lab shall be certified by the National Association of Dental Laboratories. Contractor will provide a current copy of the firm’s National Association of Dental Laboratories certification.

Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The Contracting Officer, Contracting Officers Representative, (COR), and other government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor’s performance. At these meetings, the Contracting Officer will apprise the Contractor of how the government views the Contractor’s final product and the Contractor will apprise the government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

Contracting Officer Representative (COR): The COR will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions:

1. Inspect final product

2. Accept receiving reports

3. Notify Contractor of deficiencies

4. Liaison between Contractor and Contracting Officer

A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting orders.

Key Personnel: No key personnel are specified, as any lab awarded a contract shall possess and maintain site certification. Contractor’s lab shall be certified by the National Association of Dental Laboratories.

Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to, or participate in the development of proprietary or source selection information (i.e., cost or pricing information, budget information or analysis, specification or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interest (OCI) as defined in FAR Subpart 9.5. The contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s Mitigation Plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

Section 2 Definitions and Acronyms

Definitions and Acronyms:

Definitions:

Contractor: A supplier or vendor awarded a contract to provide specific supplies or services to the government. The term used in this contract refers to the prime.

Contracting Officer: A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the Government. Note: The only individual who can legally bind the Government.

Contracting Officer’s Representative (COR): An employee of the U.S. Government appointed by the Contracting Officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

Defective Service: A service output that does not meet the Standard of the Requirement associated with the Statement of Work (SOW).

Deliverable: Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

Key Personnel: Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the key personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

Physical Security: Actions that prevent the loss or damage of government property.

Quality Control: All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

Work Day: The number of hours per day the Contractor provides services in accordance with the contract.

Work Week: Monday through Friday, unless specified otherwise.

Acronyms:

Section 3 Government Furnished Property, Equipment, and Services

Government Furnished Items and Services:

Materials: The Government will provide denture teeth for removable cases when possible. The Government will also provide necessary impressions, casts, and implant restorative hardware for all cases submitted to the Contractor when possible.

Section 4 Contractor Furnished Items and Services

Contractor Furnished Items and Responsibilities:

General: The Contractor shall furnish all supplies, equipment, facilities, and services required to perform work under this contract that are not listed under Section 3 of this SOW.

Materials: The Contractor shall furnish all materials, supplies, and equipment necessary to meet the requirement under this SOW.

Equipment: The Contractor shall provide all the necessary equipment to meet the requirements under this SOW.

Section 5 Basic Services

Basic Services:

The Contractor shall provide dental laboratory services to fabricate fixed and/or removable prosthesis following SAVAHCS dental provider’s prescription. If a lab prescription from the dental provider is not legible or not clearly understood, the contractor must contact the dental provider to obtain a legible prescription or for clarification of the requested procedure.

Provide the necessary materials for the fabrication of fixed and removable dental prosthesis.

Provide transportation to pickup and deliver prosthetic cases. Impressions, teeth, prescriptions, finished product, etc., will be picked up from SAVAHCS Dental Service, and then delivered back to Dental Service daily except on Federal Holidays. Pickup and delivery shall be between the hours of 8:00 a.m. and 3:00 p.m. Patient casework will be identified with patient’s last name and initial of first name only.

All crowns and bridge procedures shall be completed and delivered within ten (10) working days from the day of pickup from SAVAHCS. All complete and partial denture steps shall be completed and delivered within five (5) working days after pickup.

The Contractor will offer professional case consultation and responsive and knowledgeable customer service. Contractor must interact with patients one on one at Contractor’s site of business to provide local custom shade matching. Contractor Lab must be within a 50 mile radius for the Tucson Metropolitan area.

The Contractor will, at no additional expense to the government, remake all dental items that are not correct or flawed due to Contractor error. For example, if a crown does not fit the die, it will be considered flawed and unacceptable. The crown will be remade at no additional expense to the Government. If the crown fits the die but not on the patient’s tooth, it will be considered a flawed action of the Government and the remake will be at the governments expense. If, in the case of porcelain work, the porcelain shatters within twelve months of fabrication, it will be considered a flawed product from the Contractor and remade at no additional expense to the government.

Section 6 Applicable Publications

Applicable Publications (Current Editions):

The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures.

The Contractor shall comply with the regulations governing Food and Drug Administration (FDA) Quality System/Good Manufacturing Practices for products distributed in the United States Dental Laboratories. Additionally, the Contractor shall comply with standards by the American National Standards Institute (ANSI) in cooperation with the American Dental Association Department of Standards that require all materials used for fabrication of dental appliances meet the Standard Practices for Biological Evaluation of Dental Materials.

B.3 PRICE/COST SCHEDULE

The guaranteed minimum award amount for this contract is $1,000.00 The maximum aggregate value of orders that can be placed under this contract is $1,800,000.00. The Government does not guarantee that it will place any orders under this contract in excess of the guaranteed minimum award amount.

All quantities under each order are considered estimates.

ITEM INFORMATION

0.00

Complete Dentures Contract Period: Base POP Begin: 04-01-2020 POP End: 03-31-2021

Baseplate & Bite rim

Set-up

Process & Finish

Denture Teeth (arch)

Custom Tray

Pt Name in Denture

0.00

Cast Partial Dentures

Framework

Set-up

Process & Finish

Additional Saddle

Unilateral Partial Complete

Cast Clasp

0.00

Flexible Partials & More

Flexible Partial Complete

Flipper

Denture Tooth

Essex Appliance

0.00

All Acrylic Partial

All acrylic partial denture (includes those which require wrought wire clasts, with set-up, process and finish)

0.00

Incidental Supplies

Pour Model

Diagnostic Wax Up

Reline

Reline (soft)

Acrylic Repair

Additional Teeth (per tooth)

Rebase

Duplicate Denture

Reset Teeth - Denture

Reset Teeth - Partial Denture

Immediate Denture Wax Set-up

Ball Clasp

Wrought Wire Clasp

Framework Repair

0.00

Guards, Trays and Appliances

Night Guard -Thermo-form

Night Guard - Hard

Night Guard - Hard/Soft

Sports Guard

0.00

All Gold Crowns and Bridges

Abutment / Crown

Pontic

0.00

Ceramic Crowns and Bridges (per unit)

Zirconia

Emax

Lava

Porcelain

0.00

Fixed Miscellaneous

Custom Titanium Abutments

Surgical Guide

Temporary Crowns

Temporary Crown Matrix

Wax up

0.00

Complete Dentures Contract Period: Option 1 POP Begin: 04-01-2021 POP End: 03-31-2022

Baseplate & Bite rim

Set-up

Process & Finish

Denture Teeth (arch)

Custom Tray

Pt Name in Denture

0.00

Cast Partial Dentures

Framework

Set-up

Process & Finish

Additional Saddle

Unilateral Partial Complete

Cast Clasp

0.00

Flexible Partials & More

Flexible Partial Complete

Flipper

Denture Tooth

Essex Appliance

0.00

All Acrylic Partial

All acrylic partial denture (includes those which require wrought wire clasts, with set-up, process and finish)

0.00

Incidental Supplies

Pour Model

Diagnostic Wax Up

Reline

Reline (soft)

Acrylic Repair

Additional Teeth (per tooth)

Rebase

Duplicate Denture

Reset Teeth - Denture

Reset Teeth - Partial Denture

Immediate Denture Wax Set-up

Ball Clasp

Wrought Wire Clasp

Framework Repair

0.00

Guards, Trays and Appliances

Night Guard -Thermo-form

Night Guard - Hard

Night Guard - Hard/Soft

Sports Guard

0.00

All Gold Crowns and Bridges

Abutment / Crown

Pontic

0.00

Ceramic Crowns and Bridges (per unit)

Zirconia

Emax

Lava

Porcelain

0.00

Fixed Miscellaneous

Custom Titanium Abutments

Surgical Guide

Temporary Crowns

Temporary Crown Matrix

Wax up

0.00

Complete Dentures Contract Period: Option 2 POP Begin: 04-01-2022 POP End: 03-31-2023

Baseplate & Bite rim

Set-up

Process & Finish

Denture Teeth (arch)

Custom Tray

Pt Name in Denture

0.00

Cast Partial Dentures

Framework

Set-up

Process & Finish

Additional Saddle

Unilateral Partial Complete

Cast Clasp

0.00

Flexible Partials & More

Flexible Partial Complete

Flipper

Denture Tooth

Essex Appliance

0.00

All Acrylic Partial

All acrylic partial denture (includes those which require wrought wire clasts, with set-up, process and finish)

0.00

Incidental Supplies

Pour Model

Diagnostic Wax Up

Reline

Reline (soft)

Acrylic Repair

Additional Teeth (per tooth)

Rebase

Duplicate Denture

Reset Teeth - Denture

Reset Teeth - Partial Denture

Immediate Denture Wax Set-up

Ball Clasp

Wrought Wire Clasp

Framework Repair

0.00

Guards, Trays and Appliances

Night Guard -Thermo-form

Night Guard - Hard

Night Guard - Hard/Soft

Sports Guard

0.00

All Gold Crowns and Bridges

Abutment / Crown

Pontic

0.00

Ceramic Crowns and Bridges (per unit)

Zirconia

Emax

Lava

Porcelain

0.00

Fixed Miscellaneous

Custom Titanium Abutments

Surgical Guide

Temporary Crowns

Temporary Crown Matrix

Wax up

0.00

Complete Dentures Contract Period: Option 3 POP Begin: 04-01-2023 POP End: 03-31-2024

Baseplate & Bite rim

Set-up

Process & Finish

Denture Teeth (arch)

Custom Tray

Pt Name in Denture

0.00

Cast Partial Dentures

Framework

Set-up

Process & Finish

Additional Saddle

Unilateral Parial Complete

Cast Clasp

0.00

Flexible Partials & More

Flexible Partial Complete

Flipper

Denture Tooth

Essex Appliance

0.00

All Acrylic Partial

All acrylic partial denture (includes those which require wrought wire clasts, with set-up, process and finish)

0.00

Incidental Supplies

Pour Model

Diagnostic Wax Up

Reline

Reline (soft)

Acrylic Repair

Additional Teeth (per tooth)

Rebase

Duplicate Denture

Reset Teeth - Denture

Reset Teeth - Partial Denture

Immediate Denture Wax Set-up

Ball Clasp

Wrought Wire Clasp

Framework Repair

0.00

Guards, Trays and Appliances

Night Guard -Thermo-form

Night Guard - Hard

Night Guard - Hard/Soft

Sports Guard

0.00

All Gold Crowns and Bridges

Abutment / Crown

Pontic

0.00

Ceramic Crowns and Bridges (per unit)

Zirconia

Emax

Lava

Porcelain

0.00

Fixed Miscellaneous

Custom Titanium Abutments

Surgical Guide

Temporary Crowns

Temporary Crown Matrix

Wax up

0.00

Complete Dentures Contract Period: Option 4 POP Begin: 04-01-2024 POP End: 03-31-2025

Baseplate & Bite rim

Set-up

Process & Finish

Denture Teeth (arch)

Custom Tray

Pt Name in Denture

0.00

Cast Partial Dentures

Framework

Set-up

Process & Finish

Additional Saddle

Unilateral Parial Complete

Cast Clasp

0.00

Flexible Partials & More

Flexible Partial Complete

Flipper

Denture Tooth

Essex Appliance

0.00

All Acrylic Partial

All acrylic partial denture (includes those which require wrought wire clasts, with set-up, process and finish)

0.00

Incidental Supplies

Pour Model

Diagnostic Wax Up

Reline

Reline (soft)

Acrylic Repair

Additional Teeth (per tooth)

Rebase

Duplicate Denture

Reset Teeth - Denture

Reset Teeth - Partial Denture

Immediate Denture Wax Set-up

Ball Clasp

Wrought Wire Clasp

Framework Repair

0.00

Guards, Trays and Appliances

Night Guard -Thermo-form

Night Guard - Hard

Night Guard - Hard/Soft

Sports Guard

0.00

All Gold Crowns and Bridges

Abutment / Crown

Pontic

0.00

Ceramic Crowns and Bridges (per unit)

Zirconia

Emax

Lava

Porcelain

0.00

Fixed Miscellaneous

Custom Titanium Abutments

Surgical Guide

Temporary Crowns

Temporary Crown Matrix

Wax up

B.4 DELIVERY SCHEDULE

ITEM NUMBER

DELIVERY DATE

3601 S 6th Ave.

Tucson, AZ 85723

USA

4/1/2020 - 3/31/2025

(520) 792-1450 Ext 5328 Cynthia.Stoehr@va.gov

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS 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.1 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 4/1/2020 through 3/31/2025.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause)

C.2 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 1,000.00 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $380,000.00;

(2) Any order for a combination of items in excess of $1,800,00.00; or

(3) A series of orders from the same ordering office within 10 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.3 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 3/31/2025.

(End of Clause)

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

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

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

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

(End of Clause)

C.5 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (DEVIATION 2019-O0003).

(a) Definition. “Small business concern,” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(b) Applicability. This clause applies only to—

(1) Contracts that have been totally set aside or reserved for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(d) Agreement.

(1) For a contract at or below the simplified acquisition threshold, a small business concern may provide the end item of any firm. For a contract exceeding the simplified acquisition threshold, a small business concern that provides an end item it did not manufacture, process, or produce, shall—

(i) Provide an end item that a small business has manufactured, processed, or produced in the United States or its outlying areas;

(ii) Be primarily engaged in the retail or wholesale trade and normally sell the type of item being supplied; and

(iii) Take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice; for example, providing storage, transportation, or delivery.

(2) Paragraph (d)(1) of this clause does not apply to construction or service contracts.

(End of clause)

C.6 52.219-14 LIMITATIONS ON SUBCONTRACTING (JAN 2019) (DEVIATION 2019-O0003)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. As used in this clause— “Similarly situated entity” means a first-tier subcontractor, including an independent contractor, that has the same small business program status as that which qualified the prime contractor for the award and that is considered small for the NAICS code the prime contractor assigned to the subcontract the subcontractor will perform. An example of a similarly situated entity is a first-tier subcontractor that is a HUBZone small business concern for a HUBZone set-aside or sole source award under the HUBZone Program.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside or reserved for small business concerns or 8(a) participants;

(2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) participants; and

(3) Orders set aside for small business or 8(a) participants under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Agreement. By submission of an offer and execution of a contract, the Offeror/Contractor agrees in performance of the contract in the case of a contract for—

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 50 percent subcontract amount that cannot be exceeded;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 50 percent subcontract amount that cannot be exceeded;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 75 percent subcontract amount that cannot be exceeded.

(f) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

(End of clause)

C.7 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes FAR 52.219-6, Notice of Total Small Business Set-Aside.

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

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

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

(End of Clause)

C.8 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.