36C26120Q1139_1_9.16.2020.docx

36C26120Q1139

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 ATTA

CHED

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. SIGNAT

URE 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

570-20-2-271-0062 36C26120Q1139 09-16-2020 Gabe Caganap 925-372-2034 09-23-2020 15:00 Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Central California Health Care System 2615 E. Clinton Ave.

Fresno CA 93703-2223 X 812331 $35 Million N/A X VA Sierra Pacific Network

(VISN 21)

VA Central California Health Care System ATTN: David Garcia 2615 E. Clinton Ave.

Fresno CA 93703-2223 Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Central California Health Care System 855 M Street, Suite 1020 Fresno CA 93721-2753

Department of Veterans Affairs FMS-VA-2(101) Financial Services Center

PO BOX 149971

Austin TX 78714-9971 See CONTINUATION Page Service are for the Fresno VA facility:

Please reference the Price/Cost Schedule for the product listing of linens for description and quantity

PLEASE EMAIL ALL QUOTES/BIDS TO:

FRANCIS.CATTUZZO-ANDERSEN@VA.GOV

$0.00 See CONTINUATION Page 570-360162-271-857100-2665 0100561Z6 Francis Cattuzzo-Andersen 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 36C261 Francis Cattuzzo-Andersen Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Central California Health Care System 2615 E. Clinton Ave.

Fresno CA 93703-2223

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:

Page 1 of Page 1 of VA California Central Healthcare System Main Facility Michael Gunter

STATEMENT OF WORK

1.0 GENERAL SCOPE

The Veterans Health Administration (VHA) has a requirement for Hospital linens that meet a high-quality threshold while integrating excellent environmental stewardship.

This requirement includes the purchasing of healthcare grade linens. The Contracting Officer Representative (COR) is Michael Gunter, Michael.Gunter@va.gov .

The contractor shall provide all labor, materials, equipment, transportation, and supervision necessary to satisfy the needs of each ordering activity.

2.0 PERFORMANCE REQUIREMENTS

The contractor shall provide and be responsible for the technical assistance, development and generation for final specifications.

The linens are required before April 2020.

Duty hours will be 7:30 am – 2:00 pm. The Government recognized US holidays are: New Year’s Day, Martin Luther King, Jr. Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day. If the holiday falls on Sunday, it is observed on Monday.

The contractor shall:

a. Coordinate and provide project management of all products and services to manage, order, ship, and deliver from the manufacturer until final acceptance by the Laundry plant supervisor or designee.

b. Only include products specified that meet healthcare hospital linen standards.

c. Provide processing recommendations for all products specified.

3.0 SUBMISSION OF QUESTIONS

Questions: All questions submitted for this solicitation must be electronically sent to the contracting officer by specified date and time. Questions received after the stated date and time, may be addressed at the discretion of the Contracting Officer.

4.0 SUBMISSION OF QUOTATION

Quote Submission: The contractors shall submit complete emailed electronic copy portable document format (.pdf) or Microsoft Excel (.xls) format of:

Volume 1: (technical)

a. Product literature

b. Physical samples

c. Warranty.

d. Self-certifying statement confirming ability to meet project deadlines Volume 2: (pricing)

a. price quote w/ a separate line for drop shipping

b. Bill of Materials with itemized subtotals Submissions can be sent in multiple emails to avoid computer system email size limitation. Quotes submitted by any other method will not be considered. All proprietary information shall be clearly marked. The use of hyperlinks in quotes is prohibited. Late quotes will not be accepted for evaluation. The contractor is responsible for confirming the Government’s receipt of the contractor’s quote.

6.0 EVALUATION CRITERIA

Task order will be evaluated on:

a. Bill of Materials with subtotals

b. Labor/Services appropriate to the scope of work. (no pricing included)

7.0 PRODUCT

General

All linen and components shall be free of scratches, mars, tears, fringe, or blemishes, and withstand staining, and exhibit to flaking, piling, or loss or of stitching.

Quantities shall be:

As listed in Attachment A

See Salient Characteristics for technical requirement of products.

8.0 SERVICES

Hospital grade linen shall be drop shipped to the VA main facility at 2615 E. Clinton Ave Fresno CA 93703.

Design Contract Tasks/Requirements

a. The contractor shall attend a minimum of three (3) in-person meetings at VACCHCS, Fresno to review final award with the Chief of EMS and End Users and to make necessary revisions.

b. During first meeting the contractor shall provide sample of all linen to be provided.

c. The contractor shall allow for three (3) revisions per line item.

d. The contractor shall be responsible for ensuring ordered product for verification of correct sizing. The Vendor shall be liable for any incorrect sizing leading to incorrect product order.

e. The contractor shall be responsible for providing all sample materials for awarded product (2-Day Delivery) as requested by the Chief of EMS.

f. The product must not be placed into production without clearance from the VA COR.

g. The contractor shall obtain sign-off prior to scheduling manufacturing and delivery.

h. The contractor shall track manufacturing and delivery schedule and notify the Chief of EMS with updates of estimated completion date by email.

i. The contractor shall provide 30 days free storage.

The Government maintains the option to modify the normal work week, days and hours, as necessary for the accomplishment of VHA mission.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Color Coded Adult Pajama Top Poly/ Cotton Fashion Poplin With Reinforced Neckline.

LOCAL STOCK NUMBER: S 130

Color Coded Adult Pajama pants Poly/ Cotton Fashion Poplin

LOCAL STOCK NUMBER: S 7105

Color Coded Adult Pajama Top Poly/ Cotton Fashion Poplin With Reinforced Neckline.

LOCAL STOCK NUMBER: 131

Color Coded Adult Pajama pants Poly/ Cotton Fashion Poplin

LOCAL STOCK NUMBER: M 7106

Color Coded Adult Pajama Top Poly/ Cotton Fashion Poplin With Reinforced Neckline.

LOCAL STOCK NUMBER: L 132

Color Coded Adult Pajama pants Poly/ Cotton Fashion Poplin

LOCAL STOCK NUMBER: L 7107

Color Coded Adult Pajama Top Poly/ Cotton Fashion Poplin With Reinforced Neckline.

LOCAL STOCK NUMBER: XL 133

Color Coded Adult Pajama pants Poly/ Cotton Fashion Poplin

LOCAL STOCK NUMBER: XL 7108

Color Coded Adult Pajama Top Poly/ Cotton Fashion Poplin With Reinforced Neckline

LOCAL STOCK NUMBER: 2XL 134

Color Coded Adult Pajama pants Poly/ Cotton Fashion Poplin

LOCAL STOCK NUMBER: 2XL 7109

Color Coded Adult Pajama Top Poly/ Cotton Fashion Poplin With Reinforced Neckline

LOCAL STOCK NUMBER: 3XL 135

Color Coded Adult Pajama Pants Poly/ Cotton Fashion Poplin

LOCAL STOCK NUMBER: 3XL 7110

Color Coded Adult Pajama Top Poly/ Cotton Fashion Poplin With Reinforced Neckline

LOCAL STOCK NUMBER: 4XL 136

Color Coded Adult Pajama Pants Poly/ Cotton

LOCAL STOCK NUMBER: 4XL 7111

Color Coded Adult Pajama Top Poly/ Cotton Fashion Poplin With Reinforced Neckline

LOCAL STOCK NUMBER: 5XL 137

Color Coded Adult Pajama Pants Poly/ Cotton Fashion Poplin

LOCAL STOCK NUMBER: 5XL 7112

Moss Green Towne Square Blanket, Towne Square "Snag less" Spread/Blanket Cotton/Poly Blend, for Strength and Durability 74"x100" Size Fits Long Term and Acute Care Sophisticated Block Weave Finished in Moss Green

LOCAL STOCK NUMBER: 2864020 P

Bath Blanket, 2.0 lbs. Cotton Rich Polyester Blend 70"x90" Standard Size Bleached Finish

LOCAL STOCK NUMBER: 2247295

EverCale Flat Sheet, 66"x115, T180 Flat Sheet 3.5 OZ SQ YD. Soft Cotton Rich Blend Finished Size 1X1 HEMS Crafted in the USA

LOCAL STOCK NUMBER: 4246615

Fitted Sheets

LOCAL STOCK NUMBER: 1

Ambassador Pillowcase, 42"x34, T180, 3.2 OZ SQ YD, 55 Cotton/ 45 Polyester CRF FINISH / 2" HEM, White

LOCAL STOCK NUMBER: 4254234

Uni Blue Optix ICU/TEL Patient Gown, Sweep 7 6 '' Length 51'' 7 2Insleeve 6'', Angle Back Ties at Neck & Waist Case Pack = Metal Snaps on Sleeves & Telemeter Pocket

LOCAL STOCK NUMBER: 727

EverWear Gown, IV, 5XL, Colors: Teal Print on Mint, Details: Overlap Closure and Telemeter Pocket Color Coded Sleeves 52" Shoulder to Hem Length 8" Insleeve 87" Sweep Covers Completely

LOCAL STOCK NUMBER: 160079

Executive Gown, 10XL, Colors: Neutral Purple on Tan Print Details: 10XL Full Back Overlap Closure, Telemeter Pocket 52" Shoulder to Hem Length 9" Spacious Insleeve Generous 104" Sweep Ensures Modesty

LOCAL STOCK NUMBER: 168015

Ambassador Towel 8lbs, 24"x48, 8 lb., Color: White Ambassador Bath Towel, 86 Cotton/ 14 Polyester Blend, 24"x48" Finished Size, Classic Cam Border

LOCAL STOCK NUMBER: 9349948

Cotton Washcloth 1lbs, 12"x12", 1 lb. Cotton Washcloth, 100% Absorbent Cotton, 12"x12" Finished Size, Classic Cam Border, Color: White

LOCAL STOCK NUMBER: 9141216

Center Tie Patient Gown, Colors: Teal Print on Mint, Details: Center Tie Patient Gown, 43" Shoulder to Hem Length, Ample 53" Sweep 2 1/2" Insleeve, Classic Blue on Blue Print

LOCAL STOCK NUMBER: 141001

Fitted Knit Top Sheet, Details: Knit fitted healthmesh top sheet, 50 Cotton/50 Polyester 21 oz. Size: 36 x 93 x 66

LOCAL STOCK NUMBER: 5161

IV Gown Plastic Snaps Telemeter Pocket, Color: Gray and Blue Plastic Snaps 43" Shoulder to Hem Length, 68 " Sweep 8" Insleeve

LOCAL STOCK NUMBER: 168019

Stretcher Sheet, 28"x76"x8", Details: Full Elastic Edge Stretcher Sheet, Cotton Rich Blend, 12 oz. Weight, 28"x76"x8" Finished Size, Color: Blue

LOCAL STOCK NUMBER: 4452876

Pebble Beach Plus Underpad, Details: Woven Reusable Underpad, Bonded Polyester Face Cloth Generous 32"x36" Size Fits Most Beds, Midweight 8 oz. Soaker, Woven Vinyl Barrier

LOCAL STOCK NUMBER: 5160085

OR Flat Sheet, Details: T180 Flat Sheet, 55 Cotton / 45 Polyester Blend 70"x108" Finished Size, Color: Misty Green

LOCAL STOCK NUMBER: 1417408

OR Pillowcase, Details: T180 Pillowcase, 55 Cotton / 45 Polyester Blend 42"x36" Cut Size, Color: Misty Green

LOCAL STOCK NUMBER: 1410436

Set-in Sleeve Scrub Shirt, Unisex Regular Unisex, reversible style W/color-coded neck binding for easy size ID, Reinforced, bar tacked V-neck W/left breast pocket, 55% Cotton/45% Polyester Fashion Blend, V-Neckline, Unisex Fit, Color: Ceil Blue

LOCAL STOCK NUMBER: 6796

Set-in Sleeve Scrub Shirt, Unisex Reg. Unisex, reversible style w/color-coded neck binding for easy size ID, Reinforced, bar tacked V-neck w/left breast pocket, 55% Cotton/45% Polyester Fashion Blend, V-Neckline, Unisex Fit, Color: Ceil Blue, Size: Med

Set-in Sleeve Scrub Shirt, Unisex Regular Unisex & reversible style w/color-coded neck binding for easy size ID, Reinforced, bar tacked V-neck w/left breast pocket, 55% Cotton/45% Polyester Fashion Blend, V-Neckline, Unisex Fit, Color: Ceil Blue, Size: LG

Set-in Sleeve Scrub Shirt, Unisex Reg. Unisex & reversible style w/color-coded neck binding for easy size ID, Reinforced, bar tacked V-neck w/left breast pocket, 55% Cotton/45% Polyester Fashion Blend, V-Neckline, Unisex Fit, Color: Ceil Blue, Size: XL

Set-in Sleeve Scrub Shirt, Unisex Reg. Unisex & reversible style w/color-coded neck binding for easy size ID, Reinforced, bar tacked V-neck w/left breast pocket, 55% Cotton/45% Polyester Fashion Blend, V-Neckline, Unisex Fit, Color: Ceil Blue, Size: 2XL

Set-in Sleeve Scrub Shirt, Unisex Reg Unisex & reversible style w/color-coded neck binding for easy size ID, Reinforced, bar tacked V-neck w/left breast pocket, 55% Cotton/45% Polyester Fashion Blend, V-Neckline, Unisex Fit, Color: Ceil Blue, Size: 3XL

Set-in Sleeve Scrub Shirt, Unisex Regular Unisex & reversible style w/color-coded neck binding for easy size ID, Reinforced, bar tacked V-neck w/left breast pocket, 55% Cotton/45% Polyester Fashion Blend V-Neckline Unisex Fit Color: Ceil Blue, Size: 4XL

Unisex Drawcord Scrub Pant, Reversible Design, Right Hip Pocket on Both Sides, Drawcord Closure with Easy Glide Color-Coded Webbing, Size: Small

LOCAL STOCK NUMBER: 899

Unisex Drawcord Scrub Pant, Reversible Design, Right Hip Pocket on Both Sides, Drawcord Closure with Easy Glide Color-Coded Webbing, Size: Medium

Unisex Drawcord Scrub Pant, Reversible Design, Right Hip Pocket on Both Sides, Drawcord Closure with Easy Glide Color-Coded Webbing, Size: Large

Unisex Drawcord Scrub Pant, Reversible Design, Right Hip Pocket on Both Sides, Drawcord Closure with Easy Glide Color-Coded Webbing, Size: XL

Unisex Drawcord Scrub Pant, Reversible Design, Right Hip Pocket on Both Sides, Drawcord Closure with Easy Glide Color-Coded Webbing, Size: 2XL

Unisex Drawcord Scrub Pant, Reversible Design, Right Hip Pocket on Both Sides, Drawcord Closure with Easy Glide Color-Coded Webbing, Size: 3XL

Unisex Drawcord Scrub Pant, Reversible Design, Right Hip Pocket on Both Sides, Drawcord Closure with Easy Glide Color-Coded Webbing, Size: 4XL

Unisex Snap Front Warm-Up, Snap Front Closure, Two Lower Pockets, Scissor Holder In Right Pocket, Raglan Sleeves with Knit Cuffs, Size: Small

LOCAL STOCK NUMBER: 6722

Unisex Snap Front Warm-Up, Snap Front Closure, Two Lower Pockets, Scissor Holder In Right Pocket, Raglan Sleeves with Knit Cuffs, Size: Medium

Unisex Snap Front Warm-Up, Snap Front Closure, Two Lower Pockets, Scissor Holder In Right Pocket, Raglan Sleeves with Knit Cuffs, Size: Large

Unisex Snap Front Warm-Up, Snap Front Closure, Two Lower Pockets, Scissor Holder In Right Pocket, Raglan Sleeves with Knit Cuffs, Size: XL

Unisex Snap Front Warm-Up, Snap Front Closure, Two Lower Pockets, Scissor Holder In Right Pocket, Raglan Sleeves with Knit Cuffs, Size: 2XL

Unisex Snap Front Warm-Up, Snap Front Closure, Two Lower Pockets, Scissor Holder In Right Pocket, Raglan Sleeves with Knit Cuffs, Size: 3XL

B.3 DELIVERY SCHEDULE

855 M Street Suite 1020 Fresno, CA 93721 2753

USA

559-241-3659 Francis.Cattuzzo-Andersen@va.gov

855 M Street Suite 1020 Fresno, CA 93721 2753

USA

855 M Street Suite 1020 Fresno, CA 93721 2753

USA

855 M Street Suite 1020 Fresno, CA 93721 2753

USA

855 M Street Suite 1020 Fresno, CA 93721 2753

USA

855 M Street Suite 1020 Fresno, CA 93721 2753

USA

855 M Street Suite 1020 Fresno, CA 93721 2753

USA

855 M Street Suite 1020 Fresno, CA 93721 2753

USA

855 M Street Suite 1020 Fresno, CA 93721 2753

USA

855 M Street Suite 1020 Fresno, CA 93721 2753

USA

855 M Street Suite 1020 Fresno, CA 93721 2753

USA

855 M Street Suite 1020 Fresno, CA 93721 2753

USA

855 M Street Suite 1020 Fresno, CA 93721 2753

USA

855 M Street Suite 1020 Fresno, CA 93721 2753

USA

855 M Street Suite 1020 Fresno, CA 93721 2753

USA

855 M Street Suite 1020 Fresno, CA 93721 2753

USA

855 M Street Suite 1020 Fresno, CA 93721 2753

USA

855 M Street Suite 1020 Fresno, CA 93721 2753

USA

855 M Street Suite 1020 Fresno, CA 93721 2753

USA

855 M Street Suite 1020 Fresno, CA 93721 2753

USA

855 M Street Suite 1020 Fresno, CA 93721 2753

USA

855 M Street Suite 1020 Fresno, CA 93721 2753

USA

855 M Street Suite 1020 Fresno, CA 93721 2753

USA

855 M Street Suite 1020 Fresno, CA 93721 2753

USA

855 M Street Suite 1020 Fresno, CA 93721 2753

USA

855 M Street Suite 1020 Fresno, CA 93721 2753

USA

855 M Street Suite 1020 Fresno, CA 93721 2753

USA

855 M Street Suite 1020 Fresno, CA 93721 2753

USA

855 M Street Suite 1020 Fresno, CA 93721 2753

USA

855 M Street Suite 1020 Fresno, CA 93721 2753

USA

855 M Street Suite 1020 Fresno, CA 93721 2753

USA

855 M Street Suite 1020 Fresno, CA 93721 2753

USA

855 M Street Suite 1020 Fresno, CA 93721 2753

USA

855 M Street Suite 1020 Fresno, CA 93721 2753

USA

855 M Street Suite 1020 Fresno, CA 93721 2753

USA

855 M Street Suite 1020 Fresno, CA 93721 2753

USA

855 M Street Suite 1020 Fresno, CA 93721 2753

USA

855 M Street Suite 1020 Fresno, CA 93721 2753

USA

855 M Street Suite 1020 Fresno, CA 93721 2753

USA

855 M Street Suite 1020 Fresno, CA 93721 2753

USA

855 M Street Suite 1020 Fresno, CA 93721 2753

USA

855 M Street Suite 1020 Fresno, CA 93721 2753

USA

855 M Street Suite 1020 Fresno, CA 93721 2753

USA

855 M Street Suite 1020 Fresno, CA 93721 2753

USA

855 M Street Suite 1020 Fresno, CA 93721 2753

USA

855 M Street Suite 1020 Fresno, CA 93721 2753

USA

855 M Street Suite 1020 Fresno, CA 93721 2753

USA

855 M Street Suite 1020 Fresno, CA 93721 2753

USA

855 M Street Suite 1020 Fresno, CA 93721 2753

USA

855 M Street Suite 1020 Fresno, CA 93721 2753

USA

855 M Street Suite 1020 Fresno, CA 93721 2753

USA

855 M Street Suite 1020 Fresno, CA 93721 2753

USA

855 M Street Suite 1020 Fresno, CA 93721 2753

USA

See attached document: P09 Salient Characteristics.

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.

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 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 52.252-2 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.3 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.

[X] 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.

[] 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.

[X] 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.4 VAAR 852.212-71 GRAY MARKET ITEMS (APR 2020)

(a) No gray market or remanufactured items will be acceptable. 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 equipment only for VA medical facilities.

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

(End of Clause) (End of Addendum to 52.212-4)

C.5 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JUN 2020)

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

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

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

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

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

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

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

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

[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), 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 (JUN 2020) (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)…