36C26121Q0824.docx

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6515--HTHC Stryker equipment 36C261-21-AP-1230
Solicitation number
36C26121Q0824
Issued by

About this file

This is a justification and approval document for a sole source brand name acquisition of Stryker surgical equipment by the Department of Veterans Affairs. The VA Southern Nevada Healthcare System requires replacement of end of lifecycle Stryker equipment to maintain compatibility with existing Stryker systems and avoid costly replacement of all integrated equipment. A sources sought notice yielded interest from two SDVOSB authorized Stryker resellers and the OEM. The J&A cites FAR 6.302-1 for awarding to the only responsible source that can meet requirements. A firm-fixed price purchase order will be awarded for various Stryker equipment items totaling over $5 million to the OEM or SDVOSB resellers through full and open competition.

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36C26121Q0824

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

593-21-1-136-0034

36C261-21-AP-1230

36C26121Q0824 07-03-2021 Amanda Hildreth 07-12-2021

4:00 PM

PDT

612MCP

Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Northern California HealthCare System 5342 Dudley Blvd, Bldg 209 McClellan

CA

95652-2609 X 339113 750 Employees N/A X North Las Vegas VAMC 6900 N. Pecos Rd.

North Las Vegas

NV

89086

612MCP

Department of Veterans Affairs Department of Veterans Affairs VA Northern California HealthCare System 3230 Peacekeeper Way, Bldg. 209 McClellan

CA

95652-1012

Department of Veterans Affairs FMS VA-9(101) Financial Services Center PO Box 149971 Austin

TX

78714-9971 See CONTINUATION Page Stryker (brand name only) EOL Equipment *See Section B.2 Price/Cost Schedule* See CONTINUATION Page x X Amanda J. Hildreth Contracting Officer Table of Contents

SECTION A1
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS1
SECTION B - CONTINUATION OF SF 1449 BLOCKS3
B.1 CONTRACT ADMINISTRATION DATA3
B.2 PRICE/COST SCHEDULE4
ITEM INFORMATION4
B.3 DELIVERY SCHEDULE13
SECTION C - CONTRACT CLAUSES22
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)22
C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)28
C.3 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (MAR 2020) (JUN 2020) (DEVIATION)28
C.4 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)29
C.5 VAAR 852.212-71 GRAY MARKET ITEMS (APR 2020)30
C.6 VAAR 852.212-72 GRAY MARKET AND COUNTERFEIT ITEMS (MAR 2020)31
C.7 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)31
C.8 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)32
C.9 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021) (JUL 2020) (DEVIATION)32
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS40
SECTION E - SOLICITATION PROVISIONS45
dE.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JUN 2020)45
E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)49
E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)49
E.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)52
E.5 52.216-1 TYPE OF CONTRACT (APR 1984)53
E.6 52.233-2 SERVICE OF PROTEST (SEP 2006)53
E.7 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)54
E.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (FEB 2021) (JUL 2020) (DEVIATION)54

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 Amanda J. Hildreth Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Northern California HealthCare System 5342 Dudley Blvd, Bldg 209 McClellan CA 95652-2609

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
[]
52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly[]
b. Semi-Annually[]
c. Other[x] Upon Government Inspection and Acceptance

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-9(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:

AMENDMENT NO
DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
28.00
EA
__________________
__________________

SERVICE: SURGERY SUITES/O.R. TECHNICAL POC: CHAD HEATH - 702-791-9000 x 19463 SERVICE POC: LINDA DUENAS - 702-791-9000 x 14264 EIL: 431 LOCATION: SURGERY SUITES CSN: MULTIPLE CSN'S TBD PKG, 32" 4K SURGICAL DISPLAY PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 0240-031-050

LOCAL STOCK NUMBER: 0240-031-050

4.00
EA
__________________
__________________

SPY-PHI Handheld Imager, US Kit

PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): HH9030K

LOCAL STOCK NUMBER: HH9030K

8.00
EA
__________________
__________________

PNEUMOCLEAR CO2 CONDITIONING INSUFFLATOR KIT (HOUSE

PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 0620-050-002

LOCAL STOCK NUMBER: 0620-050-002

8.00
EA
__________________
__________________

Video Processor/Illuminator (VPI), US Kit

PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): PC9001K

LOCAL STOCK NUMBER: PC9001K

4.00
EA
__________________
__________________

IDEAL EYES PRECISION 5MM 45? AUTOCLAVABLE LAPAROSCOPE 30CM

PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 0502-503-045

LOCAL STOCK NUMBER: 0502-503-045

3.00
EA
__________________
__________________

HD 4MM X 70? ARTHROSCOPES SPEEDLOCK A/C

PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 0502-104-070

LOCAL STOCK NUMBER: 0502-104-070

4.00
EA
__________________
__________________

IDEAL EYES PRECISION 10MM 45? AUTOCLAVABLE LAPAROSCOPE 30CM

PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 0502-103-045

LOCAL STOCK NUMBER: 0502-103-045

2.00
EA
__________________
__________________

System 8 Sternum Saw

PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 8207-000-000

LOCAL STOCK NUMBER: 8207-000-000

2.00
EA
__________________
__________________

STERNUM BLADE GUARD

PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 7207-003-000

LOCAL STOCK NUMBER: 7207-003-000

2.00
EA
__________________
__________________

S7 STERNUM/SABO INSERT TRAY

PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 7102-553-000

LOCAL STOCK NUMBER: 7102-553-000

10.00
EA
__________________
__________________

System 8 SABOr Sagittal Saw

PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 4508-000-000

LOCAL STOCK NUMBER: 4508-000-000

20.00
EA
__________________
__________________

System 8 Cordless Driver

PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 4505-000-000

LOCAL STOCK NUMBER: 4505-000-000

10.00
EA
__________________
__________________

PIN COLLET

PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 4100-125-000

LOCAL STOCK NUMBER: 4100-125-000

10.00
EA
__________________
__________________

WIRE COLLET

PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 4100-062-000

LOCAL STOCK NUMBER: 4100-062-000

10.00
EA
__________________
__________________

1/4 INCH REAMER WITH JACOBS CHUCK

PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 4100-231-000

LOCAL STOCK NUMBER: 4100-231-000

10.00
EA
__________________
__________________

T-LATCH

PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 4100-120-000

LOCAL STOCK NUMBER: 4100-120-000

10.00
EA
__________________
__________________

1/4 INCH DRILL WITH JACOBS CHUCK

PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 4100-131-000

LOCAL STOCK NUMBER: 4100-131-000

10.00
EA
__________________
__________________

CD4/SABO2 INSRT TRAY/CONTAINER

PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 4405-552-000

LOCAL STOCK NUMBER: 4405-552-000

10.00
EA
__________________
__________________

PIN COLLET

PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 4100-125-000

LOCAL STOCK NUMBER: 4100-125-000

10.00
EA
__________________
__________________

HUDSON/MODIFIED TRINKLE DRILL

PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 4100-135-000

LOCAL STOCK NUMBER: 4100-135-000

10.00
EA
__________________
__________________

1/4 INCH DRILL WITH JACOBS CHUCK

PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 4100-131-000

LOCAL STOCK NUMBER: 4100-131-000

10.00
EA
__________________
__________________

System 8 Sagittal Saw

PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 8208-000-000

LOCAL STOCK NUMBER: 8208-000-000

10.00
EA
__________________
__________________

System 8 Dual Trigger Rotary Handpiece

PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 8205-000-000

LOCAL STOCK NUMBER: 8205-000-000

10.00
EA
__________________
__________________

System 8 Reciprocating Saw

PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 8206-000-000

LOCAL STOCK NUMBER: 8206-000-000

10.00
EA
__________________
__________________

HUDSON/MODIFIED TRINKLE ATTACH

PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 6203-135-000

LOCAL STOCK NUMBER: 6203-135-000

10.00
EA
__________________
__________________

1/4" CHUCK W/KEY

PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 6203-131-000

LOCAL STOCK NUMBER: 6203-131-000

10.00
EA
__________________
__________________

HUDSON ATTACHMENT

PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 6203-113-000

LOCAL STOCK NUMBER: 6203-113-000

10.00
EA
__________________
__________________

Dual Trigger Pin Collet 2.0 - 3.2mm

PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 8203-126-000

LOCAL STOCK NUMBER: 8203-126-000

10.00
EA
__________________
__________________

S7 4HP INSERT TRAY/CONTAINER

PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 7102-550-000

LOCAL STOCK NUMBER: 7102-550-000

10.00
EA
__________________
__________________

System 8 Precision Saw

PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 8209-000-000

LOCAL STOCK NUMBER: 8209-000-000

12.00
EA
__________________
__________________

Pi Drive + Motor

PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 5407-300-000

LOCAL STOCK NUMBER: 5407-300-000

12.00
EA
__________________
__________________

Elite 7CM Irrigation Clip

PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 5407-010-270

LOCAL STOCK NUMBER: 5407-010-270

12.00
EA
__________________
__________________

STRAIGHT ATTACHMENT

PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 5407-120-450

LOCAL STOCK NUMBER: 5407-120-450

12.00
EA
__________________
__________________

ELITE 7CM ANGLED ATTACHMENT

PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 5407-120-452

LOCAL STOCK NUMBER: 5407-120-452

12.00
EA
__________________
__________________

ELITE 12CM STRAIGHT ATTACHMENT

PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 5407-120-470

LOCAL STOCK NUMBER: 5407-120-470

12.00
EA
__________________
__________________

ELITE 12CM ANGLED ATTACHMENT

PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 5407-120-472

LOCAL STOCK NUMBER: 5407-120-472

12.00
EA
__________________
__________________

ELITE 14CM STRAIGHT ATTACHMENT

PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 5407-120-480

LOCAL STOCK NUMBER: 5407-120-480

12.00
EA
__________________
__________________

ELITE 14CM ANGLED ATTACHMENT

PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 5407-120-482

LOCAL STOCK NUMBER: 5407-120-482

12.00
EA
__________________
__________________

CORE STERILE CASE-SMALL

PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 5400-276-000

LOCAL STOCK NUMBER: 5400-276-000

8.00
EA
__________________
__________________

CORE 2 Console

PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 5400-052-000US

LOCAL STOCK NUMBER: 5400-052-000US

4.00
EA
__________________
__________________

NSE FOOTSWITCH

PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 5400-007-000

LOCAL STOCK NUMBER: 5400-007-000

GRAND TOTAL
__________________

B.3 DELIVERY SCHEDULE

ITEM NUMBER
QUANTITY
DELIVERY DATE
0001
SHIP TO:
North Las Vegas VAMC

6900 N. Pecos Rd.

North Las Vegas, NV 89086 United States

28.00
90 DAYS ARO
MARK FOR:
Steven Smith

(702) 791-9000 14016 steven.smith13@va.gov

0002
SHIP TO:
North Las Vegas VAMC

6901 N. Pecos Rd.

North Las Vegas, NV 89087 United States

4.00
90 DAYS ARO
MARK FOR:
Steven Smith

(702) 791-9000 14017

0003
SHIP TO:
North Las Vegas VAMC

6902 N. Pecos Rd.

North Las Vegas, NV 89088 United States

8.00
90 DAYS ARO
MARK FOR:
Steven Smith

(702) 791-9000 14018

0004
SHIP TO:
North Las Vegas VAMC

6903 N. Pecos Rd.

North Las Vegas, NV 89089 United States

8.00
90 DAYS ARO
MARK FOR:
Steven Smith

(702) 791-9000 14019

0005
SHIP TO:
North Las Vegas VAMC

6904 N. Pecos Rd.

North Las Vegas, NV 89090 United States

4.00
90 DAYS ARO
MARK FOR:
Steven Smith

(702) 791-9000 14020

0006
SHIP TO:
North Las Vegas VAMC

6905 N. Pecos Rd.

North Las Vegas, NV 89091 United States

3.00
90 DAYS ARO
MARK FOR:
Steven Smith

(702) 791-9000 14021

0007
SHIP TO:
North Las Vegas VAMC

6906 N. Pecos Rd.

North Las Vegas, NV 89092 United States

4.00
90 DAYS ARO
MARK FOR:
Steven Smith

(702) 791-9000 14022

0008
SHIP TO:
North Las Vegas VAMC

6907 N. Pecos Rd.

North Las Vegas, NV 89093 United States

2.00
90 DAYS ARO
MARK FOR:
Steven Smith

(702) 791-9000 14023

0009
SHIP TO:
North Las Vegas VAMC

6908 N. Pecos Rd.

North Las Vegas, NV 89094 United States

2.00
90 DAYS ARO
MARK FOR:
Steven Smith

(702) 791-9000 14024

0010
SHIP TO:
North Las Vegas VAMC

6909 N. Pecos Rd.

North Las Vegas, NV 89095 United States

2.00
90 DAYS ARO
MARK FOR:
Steven Smith

(702) 791-9000 14025

0011
SHIP TO:
North Las Vegas VAMC

6910 N. Pecos Rd.

North Las Vegas, NV 89096 United States

10.00
90 DAYS ARO
MARK FOR:
Steven Smith

(702) 791-9000 14026

0012
SHIP TO:
North Las Vegas VAMC

6911 N. Pecos Rd.

North Las Vegas, NV 89097 United States

20.00
90 DAYS ARO
MARK FOR:
Steven Smith

(702) 791-9000 14027

0013
SHIP TO:
North Las Vegas VAMC

6912 N. Pecos Rd.

North Las Vegas, NV 89098 United States

10.00
90 DAYS ARO
MARK FOR:
Steven Smith

(702) 791-9000 14028

0014
SHIP TO:
North Las Vegas VAMC

6913 N. Pecos Rd.

North Las Vegas, NV 89099 United States

10.00
90 DAYS ARO
MARK FOR:
Steven Smith

(702) 791-9000 14029

0015
SHIP TO:
North Las Vegas VAMC

6914 N. Pecos Rd.

North Las Vegas, NV 89100 United States

10.00
90 DAYS ARO
MARK FOR:
Steven Smith

(702) 791-9000 14030

0016
SHIP TO:
North Las Vegas VAMC

6915 N. Pecos Rd.

North Las Vegas, NV 89101 United States

10.00
90 DAYS ARO
MARK FOR:
Steven Smith

(702) 791-9000 14031

0017
SHIP TO:
North Las Vegas VAMC

6916 N. Pecos Rd.

North Las Vegas, NV 89102 United States

10.00
90 DAYS ARO
MARK FOR:
Steven Smith

(702) 791-9000 14032

0018
SHIP TO:
North Las Vegas VAMC

6917 N. Pecos Rd.

North Las Vegas, NV 89103 United States

10.00
90 DAYS ARO
MARK FOR:
Steven Smith

(702) 791-9000 14033

0019
SHIP TO:
North Las Vegas VAMC

6918 N. Pecos Rd.

North Las Vegas, NV 89104 United States

10.00
90 DAYS ARO
MARK FOR:
Steven Smith

(702) 791-9000 14034

0020
SHIP TO:
North Las Vegas VAMC

6919 N. Pecos Rd.

North Las Vegas, NV 89105 United States

10.00
90 DAYS ARO
MARK FOR:
Steven Smith

(702) 791-9000 14035

0021
SHIP TO:
North Las Vegas VAMC

6920 N. Pecos Rd.

North Las Vegas, NV 89106 United States

10.00
90 DAYS ARO
MARK FOR:
Steven Smith

(702) 791-9000 14036

0022
SHIP TO:
North Las Vegas VAMC

6921 N. Pecos Rd.

North Las Vegas, NV 89107 United States

10.00
90 DAYS ARO
MARK FOR:
Steven Smith

(702) 791-9000 14037

0023
SHIP TO:
North Las Vegas VAMC

6922 N. Pecos Rd.

North Las Vegas, NV 89108 United States

10.00
90 DAYS ARO
MARK FOR:
Steven Smith

(702) 791-9000 14038

0024
SHIP TO:
North Las Vegas VAMC

6923 N. Pecos Rd.

North Las Vegas, NV 89109 United States

10.00
90 DAYS ARO
MARK FOR:
Steven Smith

(702) 791-9000 14039

0025
SHIP TO:
North Las Vegas VAMC

6924 N. Pecos Rd.

North Las Vegas, NV 89110 United States

10.00
90 DAYS ARO
MARK FOR:
Steven Smith

(702) 791-9000 14040

0026
SHIP TO:
North Las Vegas VAMC

6925 N. Pecos Rd.

North Las Vegas, NV 89111 United States

10.00
90 DAYS ARO
MARK FOR:
Steven Smith

(702) 791-9000 14041

0027
SHIP TO:
North Las Vegas VAMC

6926 N. Pecos Rd.

North Las Vegas, NV 89112 United States

10.00
90 DAYS ARO
MARK FOR:
Steven Smith

(702) 791-9000 14042

0028
SHIP TO:
North Las Vegas VAMC

6927 N. Pecos Rd.

North Las Vegas, NV 89113 United States

10.00
90 DAYS ARO
MARK FOR:
Steven Smith

(702) 791-9000 14043

0029
SHIP TO:
North Las Vegas VAMC

6928 N. Pecos Rd.

North Las Vegas, NV 89114 United States

10.00
90 DAYS ARO
MARK FOR:
Steven Smith

(702) 791-9000 14044

0030
SHIP TO:
North Las Vegas VAMC

6929 N. Pecos Rd.

North Las Vegas, NV 89115 United States

10.00
90 DAYS ARO
MARK FOR:
Steven Smith

(702) 791-9000 14045

0031
SHIP TO:
North Las Vegas VAMC

6930 N. Pecos Rd.

North Las Vegas, NV 89116 United States

12.00
90 DAYS ARO
MARK FOR:
Steven Smith

(702) 791-9000 14046

0032
SHIP TO:
North Las Vegas VAMC

6931 N. Pecos Rd.

North Las Vegas, NV 89117 United States

12.00
90 DAYS ARO
MARK FOR:
Steven Smith

(702) 791-9000 14047

0033
SHIP TO:
North Las Vegas VAMC

6932 N. Pecos Rd.

North Las Vegas, NV 89118 United States

12.00
90 DAYS ARO
MARK FOR:
Steven Smith

(702) 791-9000 14048

0034
SHIP TO:
North Las Vegas VAMC

6933 N. Pecos Rd.

North Las Vegas, NV 89119 United States

12.00
90 DAYS ARO
MARK FOR:
Steven Smith

(702) 791-9000 14049

0035
SHIP TO:
North Las Vegas VAMC

6934 N. Pecos Rd.

North Las Vegas, NV 89120 United States

12.00
90 DAYS ARO
MARK FOR:
Steven Smith

(702) 791-9000 14050

0036
SHIP TO:
North Las Vegas VAMC

6935 N. Pecos Rd.

North Las Vegas, NV 89121 United States

12.00
90 DAYS ARO
MARK FOR:
Steven Smith

(702) 791-9000 14051

0037
SHIP TO:
North Las Vegas VAMC

6936 N. Pecos Rd.

North Las Vegas, NV 89122 United States

12.00
90 DAYS ARO
MARK FOR:
Steven Smith

(702) 791-9000 14052

0038
SHIP TO:
North Las Vegas VAMC

6937 N. Pecos Rd.

North Las Vegas, NV 89123 United States

12.00
90 DAYS ARO
MARK FOR:
Steven Smith

(702) 791-9000 14053

0039
SHIP TO:
North Las Vegas VAMC

6938 N. Pecos Rd.

North Las Vegas, NV 89124 United States

12.00
90 DAYS ARO
MARK FOR:
Steven Smith

(702) 791-9000 14054

0040
SHIP TO:
North Las Vegas VAMC

6939 N. Pecos Rd.

North Las Vegas, NV 89125 United States

8.00
90 DAYS ARO
MARK FOR:
Steven Smith

(702) 791-9000 14055

0041
SHIP TO:
North Las Vegas VAMC

6940 N. Pecos Rd.

North Las Vegas, NV 89126 United States

4.00
90 DAYS ARO
MARK FOR:
Steven Smith

(702) 791-9000 14056

Page 1 of Page 1 of

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)

FAR Number
Title
Date
52.203-17
CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS
JUN 2020
52.204-4
PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER
MAY 2011
52.204-13
SYSTEM FOR AWARD MANAGEMENT MAINTENANCE
OCT 2018
52.204-18
COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE
AUG 2020
52.232-40
PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS
DEC 2013
852.242-71
ADMINISTRATIVE CONTRACTING OFFICER
OCT 2020

C.3 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (MAR 2020) (JUN 2020) (DEVIATION)

(a) Evaluation preference.

(1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except—

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise successful offers from small business concerns.

(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.

(3) When the two highest rated offerors are a HUBZone small business concern and a large business, and the evaluated offer of the HUBZone small business concern is equal to the evaluated offer of the large business after considering the price evaluation preference, award will be made to the HUBZone small business concern.

(b) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes.

[ ] Offeror elects to waive the evaluation preference.

(c) Notice. The HUBZone small business offeror acknowledges that a prospective HUBZone awardee must be a HUBZone small business concern at the time of award of this contract. The HUBZone offeror shall provide the Contracting Officer a copy of the notice required by 13 CFR 126.501 if material changes occur before contract award that could affect its HUBZone eligibility. If the apparently successful HUBZone offeror is not a HUBZone small business concern at the time of award of this contract, the Contracting Officer will proceed to award to the next otherwise successful HUBZone small business concern or other offeror.

(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.

[X] 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.

[] 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.

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

[X] 852.233–71, Alternate Protest Procedure.

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

[X] 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 852.212-71 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)

C.6 VAAR 852.212-72 GRAY MARKET AND COUNTERFEIT ITEMS (MAR 2020)

(a) No used, refurbished, or remanufactured supplies or equipment/parts shall be provided. This procurement is for new Original Equipment Manufacturer (OEM) items only. No gray market items shall be provided. Gray market items are OEM goods intentionally or unintentionally sold outside an authorized sales territory or sold by non-authorized dealers in an authorized sales territory.

(b) No counterfeit supplies or equipment/parts shall be provided. Counterfeit items include unlawful or unauthorized reproductions, substitutions, or alterations that have been mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified item from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitutions include used items represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics.

(c) 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)

C.7 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

Shipment of deliverable items, other than reports, shall be to:

North Las Vegas VAMC 6900 N. Pecos Rd.

North Las Vegas NV 89086 (End of Clause)

C.8 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

Material shall be packed for shipment in such a manner that will insure acceptance by common carriers and safe delivery at destination. Containers and closures shall comply with regulations of carriers as applicable to the mode of transportation.

(End of Clause) (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 2021) (JUL 2020) (DEVIATION)

(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 2020) (Section 889(a)(1)(A) of Pub. L. 115–232).

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

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

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

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

[X] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (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) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (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. (JUN 2020) (31 U.S.C. 6101 note).

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

[] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-4.

[] (13) [Reserved] [] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-6.

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[X] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219–9, Small Business Subcontracting Plan (JUN 2020) (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 (JUN 2020) of 52.219–9.

[] (v) Alternate IV (JUN 2020) of 52.219–9.

[] (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (ii) Alternate I (MAR 2020) of 52.219-13.

[] (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (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…

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