36C25820Q0321.pdf

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Attached to: Phoenix VA Healthcare System Radiation Protection Surveys
Solicitation number: 36C25820Q0321
Issued by: Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 22

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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

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 82

36C25820Q0321 08-26-2020

Dennis Cantrell 6027954339 09-08-2020

4:30 PM(MST)

Department of Veterans Affairs

NCO22-Gilbert Network Contracting

777 E. Missouri, Suite 300

Phoenix AZ 85014

X 100 x

541990

$16.5 Million

N/A

Phoenix VA Healthcare System

650 E. Indian School Rd

Phoenix AZ 85012

777 E. Missouri, Suite 300

Phoenix AZ 85014

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.

See CONTINUATION Page

Phoenix VA Healthcare System Radiation Protection Surveys to ensure compliance with the current Nuclear Regulatory

Commission, American College of Radiology, The

Joint Commission and Mammography Quality Standards Act.

See continuation pages.

See CONTINUATION Page

36C25820Q0321

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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 ITEMS (OCT

2018)

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 23

C.4 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.5 VAAR 852.219-11 VA NOTICE OF TOTAL VETERAN-OWNED SMALL

BUSINESS SET-ASIDE (JUL 2019) (DEVIATION)

C.6 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JUN 2020)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

1998)

E.2 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED

BY REFERENCE (JAN 2008)

E.3 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (JUN 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

777 E. Missouri, Suite 300

Phoenix AZ 85014

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

[X] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly

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

Requests.

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:

AMENDMENT NO DATE

B.2 STATEMENT OF WORK

A. Perform radiation protection surveys with Phoenix Veterans Affairs Health Care System to ensure compliance with the current Nuclear Regulatory Commission (NRC), American College of Radiology (ACR), The Joint Commission (TJC) and Mammography Quality Standards Act

(MQSA) requirements. Provide written report of results to Radiology Service/Radiation Safety

Officer (RSO) within five (5) working days of performance of the survey. Change of times or dates must be coordinated with the above-mentioned department at least one week in advance.

B. The contractor shall review and analyze radiation exposure records throughout PVAHCS, including Nuclear Medicine Service, Radiology Service, and ancillary services which have radiation workers and provide appropriate recommendation to reduce exposure to ALARA.

Provide results to Imaging Service and RSO within five (5) working days after review. To include initial testing of new and replacement x-ray imaging equipment, prior to first clinical use, as well as testing after repairs that may affect X-ray output or image quality.

C. The contractor shall perform radiation safety inspections on all imaging equipment providing final reports to Imaging Service/RSO within 5 days of completion of survey.

D. The contractor shall perform Nuclear Medicine inspections on all equipment identified in accordance with the instructions in the statement of work.

E. The contractor shall perform semi-annual audits of the Nuclear Medicine program including but not limited to:

- Regulatory Paperwork Audit

- Annual Dose Calibrator Accuracy Testing

- Annual Wipe Counter Efficiency Determinations

- Sealed Source Leak Tests

- Meter Calibrations

F. The contractor shall provide consultation for additional services as needed, i.e., safety training.

G. The contractor shall review of all (including any hybrid modalities that use CT exclusively) CT protocols for optimization once per year.

H. The contractor shall provide shielding design calculations for each new or replacement x-ray imaging system. The calculations for each shall conform to National Council on Radiation

Protection & Measurements (NCRP) Report No. 147 or, for dental units, NCRP Report 145 and shall be documented in a written report, which includes a to-scale diagram showing adjacent areas.

I. The contractor shall establish a skin dose program.

J. The contractor shall review the radiation safety programs at all facilities within PVAHCS for all applicable services during each site visit.

K. The contractor shall evaluate technical Quality Assurance (QA)/Quality Control (QC) program

(technique charts, repeat/reject analysis, monitoring, monitoring of exposure indices to radiographic image receptors, QA program for display monitors, QA of CT, monitoring of dose metrics from fluoro studies) annually.

L. The contractor shall comply with all State and Federal rules, laws and regulations and maintain compliance with Occupational Safety and Health Administration (OSHA), The Joint

Commission (TJC), ACR, Food and Drug Administration (FDA), and MQSA.

M. The contractor shall ensure referenced equipment meets NRC/TJC compliance and all

Federal and State rules, regulations and laws.

N. The contractor shall supply physicist representation at quarterly Radiation Safety Committee meetings. Contractor shall conduct quality control surveys and certifications of the equipment listed in the statement of work. The Contractor shall ensure the radiographic equipment’s compliance with applicable federal and state regulatory requirements, and shall include, but not be limited to, monitoring the following basic performance characteristics:

A. All stationary, and mobile x-ray radiographic units, including dental units:

1) kV accuracy and reproducibility

2) Beam quality assessment (HVL)

3) Linearity of output as a function of mA and /or mAs

4) X-Ray Output

5) Tube Head leakage

6) Focal Spot Size

7) Scatter Radiation

8) Timer Accuracy

9) Reproducibility

10) Automatic exposure control performance

11) Entrance exposures for a phantom representing a “standard” patient and comparison to diagnostic reference levels

12) Collimation and beam alignment

13) Entrance Exposure Rate

14) Evaluation of grids for mobile radiographic units

15) Artifact Evaluation

16) For Direct Radiography (DR) radiographic systems, accuracy of exposure index

B. Digital Radiography:

1) Relative Sensitivity Calibration Test

2) Shading Test

3) Contrast Evaluation

4) Sharpness Test

5) Laser Jitter Test

6) Image Noise/Artifact Test

7) Primary Erasure of Imaging Plate Test

8) Accuracy of Measurement Tools/Scale Test

9) System Linearity Test

10) Exposure index (International Electrotechnical Commission (IEC) or proprietary, e.g., “S” Number) Calibration

C. CT Scanners:

Each testing shall substantially conform to the latest ACR Computed Tomography Quality

Control Manual. The testing of dosimetry shall include verification of the accuracy of displayed

CTDIvol values.

1) Review of Clinical Protocols

2) Scout Prescriptions and alignment Light Accuracy

3) Image Thickness – Axial Mode

4) Table Travel Accuracy

5) Radiation Beam Width

6) Low-Contrast Performance

7) Spatial Resolution

8) CT Number Accuracy

9) Artifact Evaluation

10) CT Number Uniformity

11) Dosimetry

12) Gray Level Performance of CT Acquisition Display Monitors

D. Fluoroscopes (Including, Interventional Radiology/Cardiac Catherization Lab, ERCP lab, Bronchoscopy lab, And Mobile C-Arms):

1) kVp accuracy and reproducibility

2) Beam Quality

3) Linearity

4) Reproducibility

5) Automatic exposure rate control performance

6) Fluoroscopy output (exposure rate or dose rate) for a phantom representing a

“standard” patient

7) Fluoroscopy maximum dose rate

8) Collimator alignment

9) Safety evaluation

10) Cine output exposure rate or dose rate for a “standard” patient and maximum rate

11) High contrast spatial resolution

12) Low contrast spatial resolution

13) Image artifacts

14) Display monitor performance

15) Accuracy of indicated radiation doses metrics (air kerma at the reference point and

Kerma Area Product (KAP))

Output for a phantom representing a “standard” patient and maximal output shall be measured for a variety of modes (continuous and pulsed, normal and mag modes, high dose rate mode, image recording modes, etc.). These shall include modes commonly used clinically. The report shall state the modes used for each measurement. For each C-arm fluoroscope, these data shall be placed in a table suitable for the operators of the fluoroscope.

E. Mammography: Ensures that facility is compliant with ACR, FDA, MQSA and Veterans

Health Administration (VHA) standards. The federal MQSA exempts the VA from the requirements of the act. However, Public Law 104-262 requires VHA mammography facilities to meet the basic requirements of the MQSA. The VHA requirements are contained in VHA

Handbook 1105.03, Mammography Program Procedures and Standards.

Documentation must be current and on site to ensure FDA/ACR compliance (Continuing

Medical Education (CME), surveyed facilities with mammography, etc.). Inspections of digital mammography equipment must comply with the latest requirements posted on the ACR website for the manufacturer of the unit being inspected. Inspection items may include:

1) Mammographic Unit Assembly Evaluation

2) Collimation assessment

3) Artifact evaluation

4) kVp accuracy and reproducibility

5) Beam quality assessment – HVL measurements

6) Evaluation of system resolution

7) Automatic Exposure Control (AEC) function performance

8) Breast entrance exposure, AEC reproducibility and average glandular dose

9) Radiation output rate

10) Phantom image quality evaluation

11) Signal –to –noise ratio and contrast – to noise ratio measurements

12) Viewbox luminance and room illuminance

13) Review workstation (RWS) tests

F. Magnetic Resonance Imaging (MRI):

Perform initial survey/inspection and yearly review of MRI unit ensuring that unit meets ACR requirements to meet accreditation by the ACR.

1) Magnetic field homogeneity

2) Geometric accuracy

3) Inter-slice Radio Frequency (RF) interference

4) Slice position accuracy

5) High contrast resolution

6) RF coil performance

a. Volume coils’ signal to noise ratio

b. Volume coils’ image uniformity

c. Volume coils’ ghosting ratio

d. Phased array coils’ signal to noise ratio

e. Surface coils’ signal to noise ratio

7) Slice thickness accuracy

8) Low contrast detectability

9) Soft copy displays

10) Technologist’s QC program

11) Site phantom inventory

12) Site RF coil inventory

G. Nuclear Medicine (NM):

Evaluate Quality Control on Nuclear Medicine (NM) Units (in accordance with New Proposed

Joint Commission Standard). Perform acceptance, performance, quality control, and Phantom tests SPECT to ensure the facility meets current Nuclear Medicine American College of

Radiology (ACR) Accreditation Requirements. Perform the equipment performance evaluations required by the ACR for accreditation. At least annually, a diagnostic medical physicist conducts a performance evaluation of all NM imaging equipment in accordance with ACR program requirements. The evaluation results, along with recommendations for correcting any problems identified, are documented and a written report is provided to the facility. The evaluations are conducted for all of the image types produced clinically by each NM scanner (for example, planar and/or tomographic) and include the use of phantoms to assess the following imaging metrics (as applicable):

1) Image uniformity/system uniformity

2) High-contrast resolution/system spatial resolution

3) Low-contrast resolution or detectability (not applicable for planar acquisitions)

4) Sensitivity

5) Energy Resolution

6) Count-rate performance

7) Artifact evaluation

8) Annual Accuracy Calibration for Dose Calibrators*

9) Performance of image acquisition monitors (maximum and minimum luminance, luminance uniformity, resolution, and spatial accuracy).

10) Annual Efficiency Measurements and statistical accuracy for Well Counters

11) Operations Check Procedure and Efficiency Evaluation for Survey Meters

Note: The contractor shall supply the necessary testing equipment to complete the quality control.

Positron emission tomography/Computed Tomography (PET/CT) / Positron emission tomography/Magnetic resonance imaging (PET/MRI) services: At least annually, a diagnostic medical physicist conducts a performance evaluation of all PET/CT & PET/MRI imaging equipment. Perform initial survey/inspection and yearly review of PET/CT and PET/MRI units ensuring that unit meets ACR requirements to meet accreditation by the ACR. The evaluation results, along with recommendations for correcting any problems identified, are documented.

The evaluations are conducted for all of the image types produced clinically by each PET/CT &

PET/MRI scanner (for example, planar and/or tomographic) and include the use of phantoms to assess the following imaging metrics:

1) Image uniformity/system uniformity

2) High-contrast resolution/system spatial resolution

3) Low-contrast resolution or detectability (not applicable for planar acquisitions)

4) Artifact evaluation

5) Sensitivity

6) Energy resolution

7) Count rate performance

8) Performance of image acquisition monitors (maximum and minimum luminance, luminance uniformity, resolution, and spatial accuracy).

H. For all Bureau of Radiological Health (BRH) compliance tests, documentation of measured values used to certify compliance shall be provided by the contractor.

I. The contractor shall furnish a follow-up inspection to verify compliance of any necessary corrective action performed to correct deficiencies found.

J. The contractor shall furnish a measured skin entrance dose (in mR or mrem) for each x-ray tube tested using typical technique for the unit under typical tests.

K. The contractor shall furnish radiation dose rate for each mode of operation for typical prolonged fluoroscopically guided invasive procedures performed on fluoro units.

L. Survey shall be conducted once per calendar year with the intervals between annual inspections not to exceed 14 months as scheduled at mutually agreed upon times between the

Imaging Service/RSO and the contractor. Time of inspection is to be coordinated with the

Imaging Service/RSO. Any equipment that is under repair at the time of inspection shall be scheduled for a later inspection at no additional expense to the Government.

Delivery Schedule

The annual review report is to be completed and submitted during the month of September for the base and option years of the contract, if the Government exercises the renewal option period.

RADIOGRAPHIC EQUIPMENT TO BE SURVEYED (NOTE 1: Equipment list is subject to change due to possible equipment replacement:

Phoenix VAMC:

1) Three angio labs – each one x-ray tube

2) 2 CT scanners – each one x-ray tube (note: 1 PET/CT and 2 SPECT CT listed below).

3) Four R&F rooms – each two x-ray tubes

4) Three Mammo units – each one x-ray tube (2 mammo, 1 cabinet specimen analyzer)

5) Four portable units – each one x-ray tube (4 GE Optima’s)

6) One bone density (dexa) – one x-ray tube

7) Twelve C-Arms – each one x-ray tube (10 large, 2 mini)

8) One PET/CT – each one x-ray tube

9) Six DR rooms – seven x-ray tubes

10) Forty dental units – each 1 x-ray tube (36 intra, 2x 2D pano units, 2x 3D Cone beam pano units)

11) Siemens Intevo T-6 & CT

12) Siemens Intevo T-2 & CT

Total 78 x-ray tubes

NUCLEAR MEDICINE /MRI/MAMMOGRAPHY EQUIPMENT TO BE INSPECTED (NOTE:

Equipment list is subject to change due to possible equipment replacement:

Phoenix VAMC:

1) Siemens Biograph mCT (this is the PET/CT)

2) Siemens Symbia

3) Siemens Intevo T-6 & CT

4) Siemens Intevo T-2 & CT

5) Siemens 1.5 T Aera MRI

6) Siemens 3.0 T Skyra MRI

7) GE 1.5 T Signa Artist MRI

8) GE Ultrasound (mammo)

9) Siemens mMR PET MRI (note: this unit will require both MRI and PET testing).

M. OVER AND ABOVE REPAIR:

At the VA’s option, the Contractor may be requested to provide a price quotation for a repair.

The repair job/service shall not be initiated until approval is obtained from appropriate

Biomedical Engineering COR. Charges for repair, labor, and parts shall originate only when required and upon prior approval being granted by the VA Biomedical Engineering COR and authorized by a signed modification signed by the contracting officer.

N. KEY PERSONNEL:

Key personnel will be identified in the proposal and shall be considered key personnel essential for the successful completion of the work performed under the contract. The contractor agrees that such personnel shall not be removed, diverted or replaced from the work without prior written approval of the Contracting Officer. The contractor shall submit written notice of proposed personnel changes to the Contracting Officer for approval at least thirty (30) business days in advance. No substitutions of key personnel shall be made during the initial 90 days of contract performance unless the key person leaves the employ of the company.

O. QUALIFIED PERSONNEL:

All Radiation Physicists performing services under this contract shall be board certified or board eligible from one of the following boards: American Board of Radiology, American Board of

Medical Physics or American Board of Health Physics. Certification must be maintained throughout the contract performance period. Personnel must also have experience in Hospital

Medical Physics.

P. MANAGEMENT, SUPERVISION, AND TRAINING:

Contractor shall be responsible for supervising the daily services of their personnel provided under this Contract; and shall provide and document orientation and training programs for all employees regarding safety, equipment management, and patient confidentiality appropriate to the service provided.

The Contractor shall have written policies and procedures regarding staff credentials.

Contractor shall provide orientation to designated staff to agency policy and procedures, and any agency processes necessary to cooperative functioning between the agency and facilities with the Veterans Integrated Service Network (VISN). Updates and refreshers shall be provided upon request and when policy, procedures, or processes change.

Contractor shall complete background investigations to ensure that employees do not have a record of criminal offenses or substantiated incidents of patient abuse; and, if required to perform their duties, employees are properly licensed and insured to operate motor vehicles.

Q. QUALITY CONTROL:

The Contractor shall develop a Quality Control Plan which will provide the Contractor’s strategy for monitoring performance internally, providing performance information to the Government, and reporting in compliance with the SOW. Within the Quality Control Plan, the Contractor shall propose and maintain an established reporting system to promptly notify VA of any problems, issues, risks, or concerns with workflow performance, programmatic improvement, security, and schedule adherence. Quality control is the exclusive responsibility of the Contractor.

The work performed under this contract shall be subject to evaluation by the Contracting

Officer’s Representative (COR) in accordance with the contract terms and conditions.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

DESCRIPTION OF

SUPPLIES/SERVIC

QUANTIT

UNI

T UNIT PRICE AMOUNT

0.00 EA ________________

Quoters shall submit their Price using the Schedule of Services Excel spreadsheet attachment of this solicitation and sign on Standard Form SF-1449. Quoters shall fill in Columns E, G, I, K and M that are highlighted in yellow. No other changes are to be made to the Excel spreadsheet. Quoters shall not include price information anywhere else in the proposal package.

POP Base 10/01/2020-09/30/2021

OY1 10/01/2021-09/30/2022

OY2 10/01/2022-09/30/2023

OY3 10/01/2023-09/30/2024

OY4 10/01/2024-09/30/2025

0.00

Over and Above Repair- DO NOT PRICE ON RFQ At the VA’s option, the Contractor may be requested to provide a price quotation for a repair. The repair job/service shall not be initiated until approval is obtained from appropriate Biomedical Engineering COR. Charges for repair, labor, and parts shall originate only when required and upon prior approval being granted by the VA Biomedical Engineering COR and authorized by a signed modification signed by the contracting officer.

Contract Period: Base POP Begin: 10-01-2020 POP End: 09-30-2021

Contract Period: Option 1 POP Begin: 10-01-2021 POP End: 09-30-2022

Contract Period: Option 2 POP Begin: 10-01-2022 POP End: 09-30-2023

Contract Period: Option 3

POP Begin: 10-01-2023 POP End: 09-30-2024

Contract Period: Option 4 POP Begin: 10-01-2024 POP End: 09-30-2025

GRAND TOTAL ________________

B.4 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY

DELIVERY

DATE

SECTION C - CONTRACT CLAUSES

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

ITEMS (OCT 2018)

(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.

(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 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.

(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;

(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 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

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

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

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

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the

Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The

Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

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

Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain

Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and

41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with

Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service

(TOS), or similar legal instrument or agreement, that includes any clause requiring the

Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

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

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

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

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

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

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

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.2 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)

ADDENDUM: Evaluation of options under FAR 52.217- 8 will be accomplished by using the prices offered for the last option period to determine the price for a 6- month option period, which will be added to the base and other option years to arrive at the total price. Evaluation of options will not obligate the

Government to exercise the option(s); IAW FAR 17.206 Evaluation. Exercise of this option will be accomplished by using the pricing offered for the prior period of performance which shall determine the pricing for the additional 6-months if exercised.

(End of Clause)

C.3 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.4 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

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

Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

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

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

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

[] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

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

Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

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

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

Index.

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

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

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

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

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

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

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

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small

Businesses in Obtaining Bonds.

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

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

[] 852.233–71, Alternate Protest Procedure.

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

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

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

[] 852.270–1, Representatives of Contracting Officers.

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

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

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

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

[] 852.273–74, Award without Exchanges.

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

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause)

C.5 VAAR 852.219-11 VA NOTICE OF TOTAL VETERAN-OWNED SMALL

BUSINESS SET-ASIDE (JUL 2019) (DEVIATION)

(a) Definition. For the Department of Veterans Affairs, “Veteran-owned small business or

VOSB”:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more Veterans;

(ii) The management and daily business operations of which are controlled by one or more

Veterans;

(iii) The business meets Federal small business size standards for the applicable North

American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been verified for ownership and control pursuant to 38 CFR part 74 and is so listed in the Vendor Information Pages (VIP) database, (https://www.vip.vetbiz.gov);

and

(v) The business will comply with VAAR subpart 819.70 and Small Business Administration

(SBA) regulations regarding small business size and government contracting programs at 13

CFR part 121 and 125, including the nonmanufacturer rule and limitations on subcontracting requirements in 13 CFR 121.406 and 125.6, provided that any reference therein to a service-disabled veteran owned small business concern (SDVO SBC), is to be construed to also apply https://www.vip.vetbiz.gov/ to a VA verified and VIP-listed VOSB. The nonmanufacturer rule and the limitations on subcontracting apply to all VOSB set-asides and sole source contracts.

(2) “Veteran” is defined in 38 U.S.C. 101(2).

(b) General.

(1) Offers are solicited only from eligible veteran-owned small business concerns. Only VIP-listed veteran-owned small business concerns (VOSB) may submit offers in response to this solicitation. A VIP-listed service-disabled veteran owned small business concern will be considered a VIP-listed veteran-owned small business concern for this purpose and must also meet the criteria identified in paragraph (a)(1). Offers received from concerns that are not VIP-listed veteran owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation shall be made to a VIP-listed veteran-owned small business concern that meets the size standard for the applicable NAICS code.

(c) Representation. By submitting an offer, the prospective contractor represents that it is an eligible VOSB as defined in this clause, 38 CFR part 74, and VAAR subpart 819.70. Pursuant to

38 U.S.C. 8127(e), only VIP-listed VOSBs are considered eligible. Therefore, any reference in

13 CFR 121 and 125 to a service-disabled veteran-owned small business concern (SDVO

SBC), is to be construed to apply to a VA verified and VIP-listed SDVOSB/VOSB and only such concern(s) qualify as similarly situated. The offeror must also be eligible at the time of award.

(d) Agreement. When awarded a contract (see FAR 2.101, Definitions), including orders under multiple-award contracts, or a subcontract, a VOSB agrees that in the performance of the contract, the VOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size and government contracting programs at 13 CFR part 121 and 125, including the nonmanufacturer and limitations on subcontracting requirements in 13

CFR 121.406 and 125.6, provided that for purposes of limitations on subcontracting, only VIP-listed VOSBs are considered eligible and/or “similarly situated” (i.e., a firm that has the same small business program status as the prime contractor). An independent contractor shall be considered a subcontractor. An otherwise eligible firm further agrees to the following:

(1) Services. In the case of a contract for services (except construction), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed VOSBs.

(2) Supplies or products.

(i) In…

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