36C25820Q0130-003.docx

36C25820Q0130

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/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. 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

36C25820Q0130 04-03-2020 Forrest Waller (forrest.waller@va.gov) 520-629-4637 04-20-2020

1300 EST

Department of Veterans Affairs NCO22-Gilbert Network Contracting 3601 S. 6th Avenue Tucson AZ 85723 X X 622110 $41.5 Million N/A X Department of Veterans Affairs Southern Arizona VA Healthcare System 3601 S. 6th Avenue Tucson AZ 85723 Department of Veterans Affairs NCO22-Gilbert Network Contracting 3601 S. 6th Avenue Tucson AZ 85723

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.

Autologous Transfusion (Cell Saver) Services in accordance with the Performance Work Statement for the Tucson VA Facility 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:

July 1, 2020 – June 30, 2021 Option Year 1:

July 1, 2021 – June 30, 2022 Option Year 2:

July 1, 2022 – June 30, 2023 Option Year 3:

July 1, 2023 – June 30, 2024 Option Year 4:

July 1, 2024 – June 30, 2025 X X X Nonya Montano Table of Contents

Additional Nurse operator or Certified Technician time in half-hour increments for services exceeding time limits stated for line items 1 & 2.

Contract Period: Base POP Begin: 07-01-2020

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 Department of Veterans Affairs 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 Performance Work Statement (PWS)

Performance Work Statement (PWS) For

“AUTOLOGOUS TRANSFUSION (CELL SAVER) SERVICES”

1. SERVICE AND EQUIPMENT/SUPPLIES TO BE PROVIDED

A. General:

The contractor shall provide all labor, equipment, management, materials, supplies, and other elements necessary to provide complete “Autologous Transfusion (Cell Saver) Services” for the Southern Arizona VA Health Care System (SAVAHCS), Tucson Arizona. Registered nurses shall be fully qualified and possess direct, documented experience in the performance of the referenced services.

B. Services:

1) Basic autotransfusion will be used where large blood loss is anticipated. Procedures will include but not be limited to: Cardiac, vascular, trauma, transplant, gynecological, and some orthopedic cases. Any procedure in which medical staff determine this service is required, shall be covered under this contract. Basic service will include use of contractor provided equipment, disposable supplies, setup and take down of equipment, and one registered nurse operator or certified technician for approximately a four (4) hour period.

2) Mini autotransfusion will be used either intra or post operatively on surgical procedures where nominal to moderate blood loss is anticipated. Procedures will include but not be limited to: Orthopedic cases such as total knee and total hip arthroplasties, ORIF, and retropubic prostatectomy. Mini autotransfusion will include all use of contractor provided equipment, disposable supplies, setup and take down of equipment, and one registered nurse operator or certified technician for approximately a two (2) hour period.

2. TRANSPORTATION AND TRAVEL TIME

The price of this service shall include the transportation of personnel and equipment. No additional charges shall be authorized for transportation.

3. RESPONSE TIME AND QUANTITIES

4. HOURS OF COVERAGE

The contractor shall provide coverage twenty-four (24) hours per day, seven (7) days per week. This is a critical, life saving component for patient care. Accordingly, Contractor shall be prepared to perform services at all times.

5. QUALITY MANAGEMENT PROGRAM

The Contractor shall have a quality management program in place, that ensures equipment and personnel perform in accordance with American Association of Blood Banks (AABB), College of American Pathologists (CAP), Joint Commission (JC) standards as applicable. The Contractor shall submit a detailed planned which accurately details their quality control management program to the CO prior to contract start-up. Contractor shall obtain written approval from the CO prior to implementing any changes in their approved quality management program. Failure of the Contractor to ensure personnel and equipment conform to these standards shall be cause for termination of the contract.

6. PERFORMANCE MONITORING AND SURVEILLANCE METHODS: The COR shall use the surveillance methods listed below in the administration of this contract.

A. DIRECT OBSERVATION. 100% surveillance: The Cardiac Surgeon will observe the contract Perfusionist during each case and provide feedback to the COR.

B. PERIODIC INSPECTION. Inspections scheduled and reported quarterly per COR delegation or as needed. COR will ask the contract Perfusionist for licensure, certification, registration, and maintenance of certification as a perfusionist information updates each month.

C. VALIDATED USER/CUSTOMER COMPLAINTS. COR will pull monthly training requirements to ensure that the training is completed timely. The contractor will be monitored through a variety of mechanisms, including but not limited to:

C. The Contractor is required to meet Joint Commission standards, as applicable. These performance standards may change during the course of the contract. Any new or revised quality/performance criteria or standards will be provided to the contractor before their implementation date and renegotiated into the contract as necessary. Attachment 1 contains the Performance Metrics that will be used to monitor the contractor.

D. Monitoring of contractors time shall be demonstrated through sign-in/ sign-out sheets. The contractor shall be required to sign an attendance log upon reporting to work and departing from work. The Contracting Officer’s Representative (COR) is designed to be the Surgical Care Line’s Administrative Officer. The COR shall be the VA official responsible for verifying contract compliance. After contract award, any incidents of contractor noncompliance as evidenced by the monitoring procedures shall be forwarded immediately to the Contracting Officer.

7. PERSONNEL QUALIFICATIONS/TRAINING

The Contractor shall ensure all personnel are fully qualified, competent, and have the training, and experience to perform the services in accordance with the terms & conditions of this contract and all other applicable regulations. The Contractor shall provide documentation/certification letters of qualifications, training, licensure, and experience of proposed personnel which the Contractor anticipates utilizing to perform services under this contract. Contractor shall provide evidence their prospective personnel have received all Vaccines (with TB immunization being the most critical), as well as training for safety/blood borne pathogens and HIPPA. Personnel shall not be used prior to approval by the CO or COTR. This approval shall be in writing. Information shall be provided prior to the addition of new staff members. Failure to ensure personnel meet the minimum qualification requirements shall represent grounds for contract termination. The qualifications of Contractor personnel performing under this contract are subject to review and approval by the SAVAHCS Chief of Staff and the SAVAHCS Director prior to acceptance by the CO. Accordingly, Contractor shall supply the list of prospective employees as quickly as possible, but not later than three days after contract award, to ensure personnel are in place in an acceptable period of time. Contractor personnel will be subject to a Special Agreement Check (SAC) via electronic fingerprinting prior to or simultaneous with entry on duty to SAVAHCS premises. Contractor shall supply their Cellsaver orientation and worksite lists to the COR.

7.1 CREDENTIALING/PRIVILEGING:

7.2 APPROVAL OF CONTRACTOR PERSONNEL:

The SAVAHCS reserves the right to refuse employment under this contract or require dismissal from contract work of any contractor employee or subcontractor employee who, by reason of previous unsatisfactory performance at the VA or for any other reasonable cause, is considered by the Contracting Officer to be objectionable, as long as thirty (30) days written notification of unsatisfactory performance has been provided to the contractor and the problem has not been cured in the thirty (30) day period.

7.3 KEY PERSONNEL AND TEMPORARY EMERGENCY SUBSTITUTIONS:

a. The Contractor shall assign to this contract the following key personnel:

Certified Technician Certified Technician

b. During the first ninety (90) days of performance, the Contractor shall make NO substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer, in writing, within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period of the contract, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

c. The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes shall have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on the proposed substitutes. The contract will be modified to reflect any approved changes of key personnel.

d. For temporary substitutions where the key person will not be reporting to work for three

(3) consecutive work days or more, the Contractor will provide a qualified replacement for the key person. This substitute shall have comparable qualifications to the key person. Any period exceeding two weeks will require the procedure as stated above.

8. REPORTING REQUIREMENTS

9. UNUSED WHOLE BLOOD

When there is whole blood remaining at the completion of a surgical procedure the nurse operator shall ensure proper labeling as follows: Patient’s name, locally assigned patient identification number, and date & time. The nurse operator shall inform the Operating Room staff nurse when there is remaining whole blood.

10. SERVICES

11. PERSONNEL POLICY

The Contractor shall be responsible for protecting the personnel furnishing services under this contract. To conform with this policy, the Contractor shall provide the following minimum requirements:

The personnel performing under this contract shall not be considered SAVAHCS employees for any purpose and shall be considered employees of the Contractor.

12. PERSONAL ARTICLES

13. DEFINITIONS/ACRONYMS -

A. AABB – American Association of Blood Banks

B. CAP – College of American Pathologists

C. CDC – Centers for Disease Control

D. CO - Contracting Officer.

E. COTR - Contracting Officer’s Technical Representative.

F. JC – Joint Commission.

F. OSHA – Occupational Safety and Health Administration

G. SAVAHCS – Southern Arizona VA Health Care System

14. FEDERAL HOLIDAYS OBSERVED BY THE SAVAHCS:

*Note – Please ensure you understand this contract is in effect 365 days a year, 24 hours a day.

15. IDENTIFICATION, PARKING, SMOKING, AND VA REGULATIONS:

A. It is the responsibility of the contractor to park in the appropriate designated parking areas. Information on parking is available from the VA Police Section. The SAVAHCS will not invalidate or make reimbursement for parking violations of the contractor under any conditions.

B. Smoking is prohibited inside any buildings at the SAVAHCS and on VA property.

C. Possession of weapons and alcohol are prohibited.

D. Enclosed containers shall be subject to search.

F. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

16. PRIVACY AWARENESS TRAINING:

A. Privacy Training: Contractor and their sub-contractors assigned work under the contract are required to receive annual training on patient privacy as established by HIPAA statutes. Training must meet VHA’s and the Department of Health and Human Services Standards for Privacy of Individually-identifiable health information. Contractor shall provide documented proof to the contracting officer that all employees assigned work and/or having access to Protected Health Information have received annual training. Proof of training is to be forwarded to the Contracting Officer. Information on fulfilling the training requirement as stated in this paragraph can be found at https://www.ees-learning.net. For contractors and sub-contractors who do not have access to VHA computer systems, this requirement is met by receiving VHA National Privacy Training, other VHA approved privacy training or contractor furnished training that meets the requirements of the HHS standards.

B. A Business Associate Agreement (BAA) may be required for any contract that requires either a SAC or a NACI or higher and that is not otherwise exempt from the requirement for a BAA. The BAA shall be attached to solicitation document for this requirement. Contractor shall supply completed BAA with their solicitation offer.

17. ORDERS:

A task order shall be placed against the basic contract on an annual basis to provide funding for services. In no event shall the established limit be exceeded without prior modification by the CO. See contract documents for complete procedures and requirements.

Attachment 1 Performance Metrics

Para

Observation and random inspection

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 $1,500,000.00. 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

Basic (blood processed): Contractor owned auto-transfusion unit, all sterile disposable supplies and one (1) Nurse operator or Certified Technician. Includes up to four (4) hours of service per procedure. Standard hours of operation M-F 0600-1700.

Contract Period: Base POP Begin: 07-01-2020 POP End: 06-30-2021

Basic (blood processed):

Contractor owned auto-transfusion unit, sterile disposable supplies and one

(1) Nurse operator or Certified Technician.

Includes up to four (4) hours of service per procedure. Case started between the hours of 1700-0600, weekends, and holidays.

Contract Period: Base

Mini (processed and non processed):

Contractor owned auto-transfusion unit, Sterile disposable supplies and one (1) Nurse operator or Certified Technician. Includes up to two (2) hours of service per procedure.

Contract Period: Base

Additional Nurse operator or Certified Technician time in half-hour increments for services exceeding time limits stated for line items 1 & 2.

Additional nurse operator or Technician time in half-hour increments for services exceeding time limits stated for line items 1 & 2. Case started between the hours of 1700-0600, weekends, and holidays.

Contract Period: Base

Additional reservoir for contractor owned autotransfusion equipment.

Contract Period: Base

Additional suction (A&A line) for equipment.

Contract Period: Base

Cancellation fee (after contractor Arrival on-site):

Contract Period: Base

Anticougalant Citrate Detrose Solution USP Formular A (ACD-A)

Basic (blood processed): Contractor owned auto-transfusion unit, all sterile disposable supplies and one (1) Nurse operator or Certified Technician. Includes up to four (4) hours of service per procedure. Standard hours of operation M-F 0600-1700.

Contract Period: Option 1 POP Begin: 07-01-2021 POP End: 06-30-2022

Basic (blood processed):

sterile disposable supplies and one

(1) Nurse operator or Certified Technician.

Includes up to four (4) hours of service per procedure. Case started between the hours of 1700-0600, weekends, and holidays.

Contract Period: Option 1

Mini (processed and non processed):

Contractor owned auto-transfusion unit, Sterile disposable supplies and one (1) Nurse operator or Certified Technician. Includes up to two (2) hours of service per procedure.

Contract Period: Option 1

Additional Nurse operator or Certified Technician time in half-hour increments for services exceeding time limits stated for line items 1 & 2.

Additional nurse operator or for services exceeding time limits stated for line items 1 & 2. Case started between the hours of 1700-0600, weekends, and holidays.

Contract Period: Option 1

Additional reservoir for equipment.

Contract Period: Option 1

Additional suction (A&A line) for equipment.

Contract Period: Option 1

Cancellation fee (after contractor

Contract Period: Option 1

Anticougalant Citrate Detrose Solution USP Formular A (ACD-A)

Basic (blood processed): Contractor owned auto-transfusion unit, all sterile disposable supplies and one (1) Nurse operator or Certified Technician. Includes up to four (4) hours of service per procedure. Standard hours of operation M-F 0600-1700.

Contract Period: Option 2 POP Begin: 07-01-2022 POP End: 06-30-2023

Basic (blood processed):

sterile disposable supplies and one

(1) Nurse operator or Certified Technician.

Includes up to four (4) hours of service per procedure. Case started between the hours of 1700-0600, weekends, and holidays.

Contract Period: Option 2

Mini (processed and non processed):

Contractor owned auto-transfusion unit, Sterile disposable supplies and one (1) Nurse operator or Certified Technician. Includes up to two (2) hours of service per procedure.

Contract Period: Option 2

Additional Nurse operator or Certified Technician time in half-hour increments for services exceeding time limits stated for line items 1 & 2.

Additional nurse operator or for services exceeding time limits stated for line items 1 & 2. Case started between the hours of 1700-0600, weekends, and holidays.

Contract Period: Option 2

Additional reservoir for equipment.

Contract Period: Option 2

Additional suction (A&A line) for equipment.

Contract Period: Option 2

Cancellation fee (after contractor

Contract Period: Option 2

Anticougalant Citrate Detrose Solution USP Formular A (ACD-A)

Basic (blood processed): Contractor owned auto-transfusion unit, all sterile disposable supplies and one (1) Nurse operator or Certified Technician. Includes up to four (4) hours of service per procedure. Standard hours of operation M-F 0600-1700.

Contract Period: Option 3 POP Begin: 07-01-2023 POP End: 06-30-2024

Basic (blood processed):

sterile disposable supplies and one

(1) Nurse operator or Certified Technician.

Includes up to four (4) hours of service per procedure. Case started between the hours of 1700-0600, weekends, and holidays.

Contract Period: Option 3

Mini (processed and non processed):

Contractor owned auto-transfusion unit, Sterile disposable supplies and one (1) Nurse operator or Certified Technician. Includes up to two (2) hours of service per procedure.

Contract Period: Option 3

Additional Nurse operator or Certified Technician time in half-hour increments for services exceeding time limits stated for line items 1 & 2.

Additional nurse operator or for services exceeding time limits stated for line items 1 & 2. Case started between the hours of 1700-0600, weekends, and holidays.

Contract Period: Option 3

Additional reservoir for equipment.

Contract Period: Option 3

Additional suction (A&A line) for equipment.

Contract Period: Option 3

Cancellation fee (after contractor

Contract Period: Option 3

Anticougalant Citrate Detrose Solution USP Formular A (ACD-A)

Basic (blood processed): Contractor owned auto-transfusion unit, all sterile disposable supplies and one (1) Nurse operator or Certified Technician. Includes up to four (4) hours of service per procedure. Standard hours of operation M-F 0600-1700.

Contract Period: Option 4 POP Begin: 07-01-2024 POP End: 06-30-2025

Basic (blood processed):

sterile disposable supplies and one

(1) Nurse operator or Certified Technician.

Includes up to four (4) hours of service per procedure. Case started between the hours of 1700-0600, weekends, and holidays.

Contract Period: Option 4

Mini (processed and non processed):

Contractor owned auto-transfusion unit, Sterile disposable supplies and one (1) Nurse operator or Certified Technician. Includes up to two (2) hours of service per procedure.

Contract Period: Option 4

Additional Nurse operator or Certified Technician time in half-hour increments for services exceeding time limits stated for line items 1 & 2.

Additional nurse operator or for services exceeding time limits stated for line items 1 & 2. Case started between the hours of 1700-0600, weekends, and holidays.

Contract Period: Option 4

Additional reservoir for equipment.

Contract Period: Option 4

Additional suction (A&A line) for equipment.

Contract Period: Option 4

Cancellation fee (after contractor

Contract Period: Option 4

Anticougalant Citrate Detrose Solution USP Formular A (ACD-A)

B.4 DELIVERY SCHEDULE

ITEM NUMBER

DELIVERY DATE

Souther Arizona VA Health Care System Pathology and Laboratory Tucson, AZ 85723 0001

USA

7/1/2020 – 6/30/2025

520-792-1450 anna.malone@va.gov

SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEM 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 the effective date of the contract through the end of the effective period.

(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 ; $300,000.00

(2) Any order for a combination of items in excess of ; $1,500,000.00 or

(3) A series of orders from the same ordering office within 30 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 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 6/30/2025.

(End of Clause)

C.4 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. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause)

C.5 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.6 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.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.

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. 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.9 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):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

52.203-17

52.204-4

52.204-13

CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS

PRINTED OR COPIED DOUBLE-SIDEDON POSTCONSUMER FIBER CONTENT PAPER

SYSTEM FOR AWARD MANAGEMENT

APR 2014

JAN 2011

OCT 2018

52.204-18

52.212-4

COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE

CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS

JUL 2016

OCT 2018

(End of Addendum to 52.212-4)

C.14 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (OCT 2019)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

[] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved] [] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

X (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note).

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

[] (10) [Reserved] [] (11)(i) 52.219-3, Notice of…