36C26018Q0339-001.docx

36C26018Q0339

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

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

36C26018Q0339 05-09-2018 Mona L Nimmo 360-852-9873 05-18-2018 16:00 36C260 Department of Veterans Affairs Network Contracting Office 20 5115 NE 82nd Ave, Suite 102 Vancouver WA 98662X

XX

XX

337127 500 Employees N/A X 36C648 Department of Veterans Affairs Portland VA Medical Center Warehouse 1601 East Fourth Plain Blvd Vancouver WA 98661 36C260 Department of Veterans Affairs Network Contracting Office 20 5115 NE 82nd Ave, Suite 102 Vancouver WA 98662

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center

PO BOX 149971

Austin TX 78714-9971 See CONTINUATION Page Total SDVOSB Set-Aside for Patient Seating.

Brand Name or Equal to: Solis Guest & Karma Chairs by Krug Brand Name or Equal to Plyfold 2" by Wieland Offeror must be certified as SDVOSB vendor in VIP to be considered for award.

See CONTINUATION Page X X x Mona L Nimmo Contracting Officer 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 36C260 Mona L Nimmo 360-852-9873

Department of Veterans Affairs Network Contracting Office 20 5115 NE 82nd Ave, Suite 102 Vancouver WA 98662

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.

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center

PO BOX 149971

Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

VAPORHCS New Patient Seating for:

· Standard Seating for Waiting Area Bldg. 11 Pharmacy Waiting Area, 1st Floor, and Replacement Stock. TAG: (CH-1)

· Bariatric Seating for Waiting Area Bldg. 11 Pharmacy Waiting Area, 1st Floor, and Replacement Stock. TAG: (CH-2)

· High Back Standard Seating. TAG: (CH-3)

· Exam Room Patient & Guest Stacking Chair – Standard size. TAG: (CH-4)

· Exam Room Patient & Guest Stacking Chair – Bariatric size. TAG: (CH-5)

· Exam Room Guest Folding Chair, Stacking – 2” Wider with Hanging Rail. TAG: (CH-6)

SECTION A:

STATEMENT OF WORK

The Department of Veteran Affairs, Portland Health Care System (VAPORHCS) is requesting patient seating for the Pharmacy waiting area of Bldg. 11 in the Vancouver campus, and for replacement of existing seating no longer under warranty. This is to comply with our facilities’ requests for replacement of patient furniture and to fix deficiencies found during Infection Control, and Environment of Care rounds. New seating must be designed specifically for healthcare environments.

The procurement shall include delivery, receiving and warehousing of all seating items in 3 separate deliveries, and within calendar year 2018 as follow:

· First delivery: 60 days after the award, the facility will need (100) chairs tagged ‘CH-1’, (25) chairs tagged ‘CH-2’, (25) chairs tagged ‘CH-3’, (25) chairs tagged ‘CH-4’, and (25) chairs tagged “CH-5, and (15) chairs tagged ‘CH-6’.

· Second delivery: October 1st, 2018, the facility will need (50) chairs tagged ‘CH-1’, (25) chairs tagged “CH-5, and (15) chairs tagged ‘CH-6’.

· Third and final delivery: December 31st, 2018, the facility will need the rest of the order, (50) chairs tagged ‘CH-1’, (25) chairs tagged ‘CH-2’, (25) chairs tagged ‘CH-3’, (25) chairs tagged ‘CH-4’, (50) chairs tagged “CH-5, and (15) chairs tagged ‘CH-6’.

All seating furniture shall be fully assembled by manufacturer. Seating items shall be released to the VA on an as-scheduled-quantity basis as stated above, and be delivered by vendor at our furniture storage facility in the VAPORHCS Vancouver campus located at:

1601 E FOURTH PLAIN BLVD

Vancouver WA 98661 United States

SOLICITATION IS FOR PATIENT GUEST SEATING ONLY.

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

ALL PRODUCTS MUST BE ON GSA CONTRACT OR MANUFACTURED IN A FRIENDLY COUNTRY. REFERENCE UNITED STATES DEPARTMENT OF STATE FOR MORE INFORMATION. PRODUCT MUST BE WARRANTEED AND DESIGNED FOR A HEALTHCARE ENVIRONMENT.

SEATING MUST BE MANUFACTURED AND CERTIFIED WITH SUSTAINABILITY STANDARDS WITHIN THE FURNITURE INDUSTRY AND IT MUST CONTRIBUTE TOWARDS LEED-CERTIFIED ACCREDITATION.

SECTION B:

Basis of Healthcare Furniture Specifications

All seating must have requirements as specified below.

TAG: (CH-1) Patient & Guest Mid-Size Seating – Qty. (200)

Overall Salient Characteristics:

· Dimensions: 34.5”H (18.5” Seat Height, 26”Arms Height) X 28”D X 28”W (24” Seat Width).

· Structural seat frame shall be made of fully-welded, powdercoated steel.

· Seating shall have a ‘wallsaver leg’ design: The angle of the back and the rear legs are designed to keep the back away from the wall, to prevent wear and damage to both the chairs and to the walls of the facility.

· Seating open arms shall have polyurethane arm caps and extended handgrip design for easier ingress and egress.

· All seating cushions shall be made of high density foam, and have moisture barrier.

· Seating shall have a built-in clean-out space between seat and back.

· Seating shall be fully upholstered (seat, back), and upholstery seating shall be 100% Polyurethane / PVC Free with polyester backing. Upholstery finish shall be bleach cleanable, anti-microbial, anti-bacterial, and flame resistant, with 500,000 D.R. (Double Rubs) of durability. Upholstery Grade-in: 4 (Momentum Textiles Beeline). Color: Cork

· Steel chair frame finish color: Smooth metallic beige.

· Weight capacity: 350lbs.

· Comparable product: equal to Solis Guest Chair, with Upholstered Back by Krug Furniture.

· All seating finishes shall be selected and approved by VAMC requesting interior designer/COR.

(CH-2) Patient & Guest Bariatric Seating – Qty. (50)

Overall Salient Characteristics:

· Dimensions: 34.5”H (18.5” Seat Height, 26”Arms Height) X 28”D X 34”W (30” Seat Width).

· Structural seat frame shall be made of fully-welded, powdercoated steel.

· Seating shall have a ‘wallsaver leg’ design: The angle of the back and the rear legs are designed to keep the back away from the wall, to prevent wear and damage to both the chairs and to the walls of the facility.

· Seating open arms shall have polyurethane arm caps and extended handgrip design for easier ingress and egress.

· All seating cushions shall be made of high density foam, and have moisture barrier.

· Seating shall have a built-in clean-out space between seat and back.

· Seating shall be fully upholstered (seat, back, and closed arms), and upholstery seating shall be 100% Polyurethane / PVC Free with polyester backing. Upholstery finish shall be bleach cleanable, anti-microbial, anti-bacterial, and flame resistant, with 500,000 D.R. (Double Rubs) of durability. Upholstery Grade-in: 4 (Momentum Textiles Beeline). Color: Cork

· Steel chair frame finish color: Smooth metallic beige.

· Weight capacity: 700lbs.

· Comparable product: equal to Solis Bariatric Guest Chair, with Upholstered Back by Krug Furniture.

TAG: (CH-3) High Back Patient & Guest Seating – Qty. (50)

Overall Salient Characteristics:

· Dimensions: 43.75”H (18.5” Seat Height, 26” Arms Height) X 28”D X 28”W (24” Seat Width).

· Structural seat frame shall be made of fully-welded, powdercoated steel.

· Seating shall have a ‘wallsaver leg’ design: The angle of the back and the rear legs are designed to keep the back away from the wall, to prevent wear and damage to both the chairs and to the walls of the facility.

· Seating open arms shall have polyurethane arm caps and extended handgrip design for easier ingress and egress.

· All seating cushions shall be made of high density foam, and have moisture barrier.

· Seating shall have a built-in clean-out space between seat and back.

· Seating shall be fully upholstered (seat, back), and upholstery seating shall be 100% Polyurethane / PVC Free with polyester backing. Upholstery finish shall be bleach cleanable, anti-microbial, anti-bacterial, and flame resistant, with 500,000 D.R. (Double Rubs) of durability. Upholstery Grade-in: 4 (Momentum Textiles Beeline). Color: Cork

· Steel chair frame finish color: Smooth metallic beige.

· Weight capacity: 350lbs.

· Comparable product: equal to Solis Guest Chair, with Upholstered Back by Krug Furniture.

TAG: (CH-4) Exam Room Patient & Guest Stacking Chair – Standard Size - Qty. (50)

Overall Salient Characteristics:

· Dimensions: 33.9”H (18” Seat Height) X 21.9” D X 24.5”W (17” Seat Depth).

· Structural seat frame shall be made of fully-welded, powdercoated steel.

· Chair frame shall have a ‘wallsaver leg’ design: The angle of the back and the rear legs are designed to keep the back away from the wall, to prevent wear and damage to both the chairs and to the walls of the facility.

· Seating open arms shall have polyurethane arm caps.

· All cushions shall be made of high density foam, and have moisture barrier.

· Seating shall have a built-in clean-out space between seat and back.

· Seating shall be fully upholstered (seat, back), with replacebale components that can be field replaced. Upholstery seating shall be 100% Polyurethane / PVC Free with polyester backing. Upholstery finish shall be bleach cleanable, anti-microbial, anti-bacterial, and flame resistant, with 500,000 D.R. (Double Rubs) of durability. Upholstery Grade-in: Upholstery Grade-in: 4 (Momentum Textiles Beeline). Color: Cork

· Steel chair frame finish color: Smooth metallic beige.

· Weight capacity: 300lbs.

· Comparable product: equal to Karma Chair, by Krug Furniture.

TAG (CH-5) Exam Room Patient & Guest Stacking Chair - Bariatric Size – Qty. (75)

Overall Salient Characteristics:

· Dimensions: 33.9”H (18” Seat Height) X 21.9”D X 32”W (17” Seat Depth).

· Structural seat frame shall be made of fully-welded, powdercoated steel.

· Chair frame shall have a ‘wallsaver leg’ design: The angle of the back and the rear legs are designed to keep the back away from the wall, to prevent wear and damage to both the chairs and to the walls of the facility.

· Seating open arms shall have polyurethane arm caps.

· All cushions shall be made of high density foam, and have moisture barrier.

· Seating shall have a built-in clean-out space between seat and back.

· Seating shall be fully upholstered (seat, back), with replacebale components that can be field replaced. Upholstery seating shall be 100% Polyurethane / PVC Free with polyester backing. Upholstery finish shall be bleach cleanable, anti-microbial, anti-bacterial, and flame resistant, with 500,000 D.R. (Double Rubs) of durability. Upholstery Grade-in: 4 (Momentum Textiles Beeline). Color: Cork

· Steel chair frame finish color: Smooth metallic beige.

· Weight capacity: 500lbs.

· Comparable product: equal to Karma Bariatric Chair, by Krug Furniture.

· All seating finishes shall be selected and approved by VAMC requesting interior designer/COR.

TAG (CH-6) Exam Room Guest Folding Chair, Stacking – 2” Wider – Qty. (30)

Overall Salient Characteristics:

· Dimensions: 32.5”H (18” Seat Height) X 22.75” D X 21” W (16.25” Seat Depth).

· Each folding chair shall include a rail hanging system to store behind exam room door when not in use.

· Folding chair frame shall have a molded wood construction.

· Folding chair shall have a back edge wall guard on upholstered back to prevent damage.

· All cushions shall have moisture barrier.

· Seating shall have a built-in clean-out space between seat and back.

· Seating shall be fully upholstered (seat, back), with a wood backside, and replacebale components that can be field replaced. Upholstery seating shall be 100% Polyurethane / PVC Free with polyester backing. Upholstery finish shall be bleach cleanable, anti-microbial, anti-bacterial, and flame resistant, with 500,000 D.R. (Double Rubs) of durability. Upholstery Grade-in: 4 (Momentum Textiles Rein II). Color: Chamois.

· Wood finish: maple

· Weight capacity: 400lbs.

· Comparable product: equal to Plyfold 2” Wider, by Wieland Healthcare Furniture.

· All seating finishes shall be selected and approved by VAMC requesting interior designer

SECTION C:

Lead Time and Delivery:

VAPORHCS is expecting a 5-to-6-week lead time after the award.

Due to very limited space in our Vancouver furniture warehouse facility, and volume, and quantities of furniture items requested, the facility is requesting all patient seating to be shipped and received according to the schedule for staggered delivery, and an estimated length of time of up to ten months and within calendar year 2018.

Furniture items shall be released to the VA based on the schedule and be delivered by vendor at our furniture storage facility in the VAPORHCS Vancouver campus located at:

1601 E FOURTH PLAIN BLVD

Vancouver WA 98661 United States

SECTION D:

Contractor’s Furniture Delivery:

VAPORHCS furniture warehouse staff will be the contact for deliveries. Prior to delivering furniture items to our medical center, the vendor must notify the facility’s furniture warehouse staff one week in advance to prepare for receiving requested furniture items. Point of Contact at the furniture warehouse:

· Tyrome Clarke, (360) 696-4061 Extension 33737 email: Tyrome.Clarke2@va.gov

· Adam Coleman, (360) 696-4061 Extension 33737 email: Adam.Coleman@va.gov

· Valeria McCue, (503) 220-8262 Extension 58205 email: Valeria.McCue@va.gov

SECTION E:

Required Bid Package:

· Submit any questions in writing to designated Contracting Specialist. Questions and answers will be answered via an amendment to the solicitation by Contracting Authority.

· The medical center expects a lead time of 5-6 weeks after contract has been awarded to the successful offeror.

· Include warranty and Greenguard Certification information for each manufacturer as well as proof that furnishings meet the specifications and salient characteristics, and are designed for a healthcare environment. Neglecting to provide this information may result in your offer not being considered.

· The offer should include, but not be limited to: specification cut sheets, and schematic line drawings of proposed furniture items, with dimensions per bill of materials with product subtotal and total cost.

· Before contract is awarded, there might be revisions to the furnishings, particularly finish colors and choices within estimated cost of the request, all to be determined and approved by VAPORHCS requesting interior designer only. There will be no changes after award.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Bidding on:

Manufacturer name _______________________________________ Brand ___________________________________________________ No. _____________________________________________________

Bidding on:

Manufacturer name _______________________________________

Bidding on:

Manufacturer name _______________________________________

Bidding on:

Manufacturer name _______________________________________

Bidding on:

Manufacturer name _______________________________________

Bidding on:

Manufacturer name _______________________________________

Bidding on:

Manufacturer name _______________________________________

Bidding on:

Manufacturer name _______________________________________

Bidding on:

Manufacturer name _______________________________________

Bidding on:

Manufacturer name _______________________________________

Bidding on:

Manufacturer name _______________________________________

Bidding on:

Manufacturer name _______________________________________

Bidding on:

Manufacturer name _______________________________________

Bidding on:

Manufacturer name _______________________________________

B.3 DELIVERY SCHEDULE

Vancouver Warehouse P4FMS 1601 E 4th Plain Blvd Vancouver, WA 98661

USA

25.00

25.00

25.00

15.00

Vancouver Warehouse P5FMS 1601 E 4th Plain Blvd Vancouver, WA 98661

USA

15.00

Vancouver Warehouse P5FMS 1601 E 4th Plain Blvd Vancouver, WA 98661

USA

25.00

25.00

25.00

25.00

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 52.252-2 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)

C.2 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008)

The bidder or offeror agrees that if a contract is awarded to him/her, as a result of this solicitation, he/she will not advertise the award of the contract in his/her commercial advertising in such a manner as to state or imply that the Department of Veterans Affairs endorses a product, project or commercial line of endeavor.

(End of Clause)

C.3 VAAR 852.211-73 BRAND NAME OR EQUAL (JAN 2008)

(Note: as used in this clause, the term "brand name" includes identification of products by make and model.)

(a) If items called for by this invitation for bids have been identified in the schedule by a "brand name or equal" description, such identification is intended to be descriptive, but not restrictive, and is to indicate the quality and characteristics of products that will be satisfactory. Bids offering "equal" products (including products of the brand name manufacturer other than the one described by brand name) will be considered for award if such products are clearly identified in the bids and are determined by the Government to meet fully the salient characteristics requirements listed in the invitation.

(b) Unless the bidder clearly indicates in the bid that the bidder is offering an "equal" product, the bid shall be considered as offering a brand name product referenced in the invitation for bids.

(c)(1) If the bidder proposes to furnish an "equal" product, the brand name, if any, of the product to be furnished shall be inserted in the space provided in the invitation for bids, or such product shall be otherwise clearly identified in the bid. The evaluation of bids and the determination as to equality of the product offered shall be the responsibility of the Government and will be based on information furnished by the bidder or identified in his/her bid as well as other information reasonably available to the purchasing activity. CAUTION TO BIDDERS. The purchasing activity is not responsible for locating or securing any information that is not identified in the bid and reasonably available to the purchasing activity. Accordingly, to insure that sufficient information is available, the bidder must furnish as a part of his/her bid all descriptive material (such as cuts, illustrations, drawings or other information) necessary for the purchasing activity to:

(i) Determine whether the product offered meets the salient characteristics requirement of the Invitation for Bids, and

(ii) Establish exactly what the bidder proposes to furnish and what the Government would be binding itself to purchase by making an award. The information furnished may include specific references to information previously furnished or to information otherwise available to the purchasing activity.

(2) If the bidder proposes to modify a product so as to make it conform to the requirements of the Invitation for Bids, he/she shall:

(i) Include in his/her bid a clear description of such proposed modifications, and

(ii) Clearly mark any descriptive material to show the proposed modifications.

(3) Modifications proposed after bid opening to make a product conform to a brand name product referenced in the Invitation for Bids will not be considered.

(End of Clause) C.4 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)

(a) Definition. For the Department of Veterans Affairs, “Service-disabled veteran-owned small business concern or SDVSOB”:

(1) Means a small business concern:

(i) Not less than 51 percent of which is owned by one or more service-disabled 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 service-disabled veterans or eligible surviving spouses (see VAAR 802.201 Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans (or eligible surviving spouses) or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran;

(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 74 and is so listed in the Vendor Information Pages database, (https://www.vip.vetbiz.gov); and

(v) The business will comply with subcontracting limitations in 13 CFR 125.6, as applicable

(2) “Service-disabled veteran” means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(b) General.

(1) Offers are solicited only from verified service-disabled veteran-owned small business concerns. Offers received from concerns that are not verified service-disabled veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation shall be made to a verified service-disabled veteran-owned small business concern.

(c) Agreement. A service-disabled veteran-owned small business concern agrees that in the performance of the contract, the concern will comply with the limitation on subcontracting requirements in 13 CFR §125.6.

(d) A joint venture may be considered a service-disabled veteran owned small business concern if the joint venture complies with the requirements in 13 CFR 125.15, provided that any reference therein to SDVO SBC is to be construed to apply to a VA verified SDVOSB as appropriate.

(e) Any service-disabled veteran-owned small business concern (non-manufacturer) must meet the requirements in FAR 19.102(f) of the Federal Acquisition Regulation to receive a benefit under this program.

(End of Clause)

C.5 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO 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. 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 CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. 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 CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012)

(a) Definitions. As used in this clause—

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

(2) Designated agency office has the meaning given in 5 CFR 1315.2(m).

(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.

(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. (See Web site at http://www.fsc.va.gov/einvoice.asp.)

(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). The X12 EDI Web site (http://www.x12.org) includes additional information on EDI 810 and 811 formats.

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

(e) Exceptions. If, based on one of the circumstances below, the contracting officer directs that payment requests be made by mail, the contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for:

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

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

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

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

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

(End of Clause)

C.7 VAAR 852.246-71 INSPECTION (JAN 2008)

Rejected goods will be held subject to contractors order for not more than 15 days, after which the rejected merchandise will be returned to the contractor's address at his/her risk and expense. Expenses incident to the examination and testing of materials or supplies that have been rejected will be charged to the contractor's account.

(End of Clause)

C.8 GREY MARKET PREVENTION LANGUAGE

(a) Gray market items are Original Equipment Manufacturers (OEM) goods sold through unauthorized channels in direct competition with authorized distributors. This procurement is for new OEM medical supplies, medical equipment and/or services contracts for maintenance of medical equipment (i.e. replacement parts) for VA Medical Centers. No remanufactures or gray market items will be acceptable.

(b) Vendor shall be an OEM, authorized dealer, authorized distributor or authorized reseller for the proposed medical supplies, medical equipment and/or services contracts for maintenance of medical equipment (i.e. replacement parts), verified by an authorization letter or other documents from the OEM, such that the OEM’s warranty and service are provided and maintained by the OEM. All software licensing, warranty and service associated with the medical supplies, medical equipment and/or services contracts for maintenance of medical equipment shall be in accordance with the OEM terms and conditions.

(c) The delivery of gray market items to the VA in the fulfillment of an order/award constitutes a breach of contract. Accordingly, the VA reserves the right enforce any of its contractual remedies. This includes termination of the contract or, solely at the VA’s election, allowing the Vendor to replace, at no cost to the Government, any remanufactured or gray market item(s) delivered to a VA medical facility upon discovery of such items.

(End of Addendum to 52.212-4)

C.9 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2018)

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

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

(4) 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:

[] (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 2016) (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).

[] (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 (Jul 2013) (41 U.S.C. 2313).

[] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

[] (ii) Alternate I (NOV 2011) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (JAN 2011) of 52.219-4.

[] (13) [Reserved] [] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

[] (ii) Alternate I (NOV 2011).

[] (iii) Alternate II (NOV 2011).

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

[] (ii) Alternate I (Oct 1995) of 52.219-7.

[] (iii) Alternate II (Mar 2004) of 52.219-7.

[] (16) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2017) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (NOV 2016) of 52.219-9.

[] (v) Alternate IV (NOV 2016) of 52.219-9.

[] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[] (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

[X] (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C 632(a)(2)).

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (DEC 2015) (15 U.S.C. 637(m)).

[] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) (15 U.S.C. 637(m)).

[X] (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[X] (26) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2018) (E.O. 13126).

[X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (28) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[X] (29) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

[X] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

[X] (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

[] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (33)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[] (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[] (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[] (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (OCT 2015) of 52.223-13.

[] (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-14.

[] (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b).

[] (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [] (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (44) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[] (45) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[] (ii) Alternate I (JAN 2017) of 52.224-3.

[X] (46) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).

[] (47)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate I (MAY 2014) of 52.225-3.

[] (iii) Alternate II (MAY 2014) of 52.225-3.

[] (iv) Alternate III (MAY 2014) of 52.225-3.

[] (48) 52.225–5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (50) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[] (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[] (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (54) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

[] (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[] (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

[] (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

[] (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

[] (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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:

[] (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).

[] (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

[] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[] (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

[] (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

[] (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

[] (11) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

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

(ii) 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)).

(iii) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C.