36C26218Q0232-00001003.docx

36C26218Q0232

5. PROJECT NUMBER (if applicable)

CODE

7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NUMBER

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NUMBER

3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED

PAGE

OF PAGES

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED

BPA NO.

1. CONTRACT ID CODE

FACILITY CODE

CODE

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 11/2016)

is required to sign this document and return ___________ copies to the issuing office.

is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER

BY

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER

16A. NAME AND TITLE OF CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30

PREVIOUS EDITION NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.243 (Type or print) (Type or print) (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(Number, street, county, State and ZIP Code) (If other than Item 6) (Specify type of modification and authority) (such as changes in paying office, appropriation date, etc.)

(If required)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

CHECK

ONE

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer) 00001 03-26-2018 00262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach

CA

90815 00262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach

CA

90815 To all Offerors/Bidders

03-26-2018

X See CONTINUATION Page THE PURPOSE OF THIS AMENDMENT IS TO REPOST SOLICITATION 36C26218Q0232 DUE TO A COMPUTER ERROR.

CONTINUATION PAGE

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

36C26218Q0232 Rafael Cervantes 562-766-2281 04-12-2018

3PM PST

00262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815 X X 561320 $27.5 Million X N/A X Department of Veterans Affairs 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815 00262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-9971 See CONTINUATION Page This requirement is being procured as a 100% set aside for

SDVOSB.

See enclosed schedule of services and price.

See CONTINUATION Page X Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

(Continuation from Standard Form 1449, block 18A.)

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C262, Don Weerasinghe

Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive, Suite 600 Long Beach CA 90815

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with (IAW) Federal Acquisition Regulation (FAR)

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 Financial Services Center P.O. Box 149971 Austin TX 78714-9971

VA’s Electronic Invoice Presentment and Payment System:

(See Web site at and submit invoices to: www.OB10.com (TUNGSTEN NETWORK)

Register at: 877-752-0900 (Option #2) Customer Help: call 877-353-9791

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation 36C26218Q0232 numbered and dated as follows:

B.2 NOTIFICATION TO OFFERORS

1. Authority: Under the authority of 38 U.S.C. 7409, 38 U.S.C. 8153, and Federal Acquisition Regulation (FAR) Part 12—Acquisition of Commercial Items, and FAR Part 13—Simplified Acquisition Procedures, the VA Long Beach Healthcare System (VALBHS); the VA Loma Linda Healthcare System (VALLHS), the VA San Diego Healthcare System (VASDHS, and the VA Greater Los Angeles Healthcare System (VAGLAHS), requires a Contractor to provide Sterile Processing Services to support existing Veterans Integrated Service Network (VISN)-22 staff on an as-needed basis.

2. It is the Government’s intent to make a single IDIQ award in response to this solicitation. However, the Government reserves the right to make multiple IDIQ awards if it determines it is in the Government’s best interest to do so.

3. Offerors shall complete and return all information designated in the enclosed FAR clause 52.212-1, Instructions to Offerors – Commercial Items, paragraph b, and the addendum to FAR clause 52.212-1, prior to the time specified in block 8 of standard form (SF) 1449 to be considered for award. Offerors shall also respond to each evaluation factor listed in the enclosed FAR clause 52.212-2, Evaluation—Commercial Items. Failure to do so may preclude the offeror from consideration for award.

4. TECHNICAL INQUIRES: Direct all technical inquiries via email to the Administrative Contracting Officer (CO), Rafael Cervantes at Rafael.Cervantes@va.gov not later than March 30, 2018. An amendment will be posted to www.Fbo.gov to address any questions received on or about April 2, 2018.

5. DUNS NUMBER: Provide the Dun and Bradstreet Number assigned to your business in the space provided below; (refer to FAR provision 52.212-1, Instructions to Offerors – Commercial Items):

5.1. ____________________________________

6. This requirement is set-aside 100% for Service-Disabled, Veteran-Owned Small Businesses (SDVOSBs). Only SDVOSBs verified in the VA’s Vendor Information Pages (VIP) site at https://www.vip.vetbiz.gov/ at the time of proposal submission will be considered for award.

7. Post-Award Conference. The IDIQ-awardee shall participate in a post-award orientation conference to review the on-boarding process for candidates and other post-award management procedures. The conference will include the CO, Contract Specialist (CS), Contracting Officer Representative (COR), IDIQ-awardee, and others designated.

B.3 SCHEDULE OF SERVICES AND PRICE

1. Prices shown in the tables below are all-inclusive of labor, incidental costs, overhead costs, and insurance premium payments for applicable insurance coverage. Costs not incorporated into the contractor’s price will not be reimbursed by the government.

2. California Overtime (OT) Rates applies to the contract line item numbers (CLINs) in this schedule. See CA Labor Code section 510. Offerors shall include offered OT rates in the schedule as indicated (e.g., 1.2x (times), 1.3x). No shift differentials will be paid.

3. SCHEDULE FOR VALBHS:

VALBHS - VA Tibor Rubin Medical Center, 5901 E 7th St, Long Beach, CA 90822

BASE PERIOD: THROUGH

OPTION PERIOD ONE (1): THROUGH

OPTION PERIOD TWO (2): THROUGH

OPTION PERIOD THREE (3): THROUGH

OPTION PERIOD FOUR (4): THROUGH

4. SCHEDULE FOR VASDHS AND VASDHS-CBOC:

VASDHS - 3350 La Jolla Village Dr., San Diego, CA 92161

BASE PERIOD: THROUGH

OPTION PERIOD ONE (1): THROUGH

OPTION PERIOD TWO (2): THROUGH

OPTION PERIOD THREE (3): THROUGH

OPTION PERIOD FOUR (4): THROUGH

6. SCHEDULE FOR VAGLAHS:

VAGLAHS - 11301 Wilshire Blvd., Los Angeles, CA 90073

BASE PERIOD: THROUGH

OPTION PERIOD ONE (1): THROUGH

OPTION PERIOD TWO (2): THROUGH

OPTION PERIOD THREE (3): THROUGH

OPTION PERIOD FOUR (4): THROUGH

7. SCHEDULE FOR VALLHS:

VALLHS - 11201 Benton Street, Loma Linda, CA 92357

BASE PERIOD: THROUGH

OPTION PERIOD ONE (1): THROUGH

OPTION PERIOD TWO (2): THROUGH

OPTION PERIOD THREE (3): THROUGH

OPTION PERIOD FOUR (4): THROUGH

B.4 PERFORMANCE WORK STATEMENT (PWS) – STERILE PROCESSING SERVICES

1. BACKGROUND. Sterile Processing Services are needed by multiple VISN-22 Southern California VA Healthcare facilities to provide services on a as needed basis. Sterile Processing Services will apply knowledge of standard procedures and utilize required supplies and equipment when handling medical and surgical instruments. Additionally, Sterile Processing Services are an important member of the VA Healthcare facilities due to their ability to control the spread of infection.

2. GENERAL. Contractor shall provide Sterile Processing services to augment current VA staffing on an as-needed basis to the VISN-22 Southern California VA Healthcare facilities in accordance with terms and conditions stated herein. Contract providers will be utilized to provide services on a as needed basis to backfill during staff shortages for varying periods of time, from one day to a few months. Contract personnel will only be paid for actual hours worked. Contractor personnel must be present at the VA facility during working hours and be performing the required services identified herein or the payment will be decreased accordingly during the billing cycle.

Contract personnel are required to work as needed on other than normal working tours of duty, either in the evenings or on weekends. Scheduling for other than normal working tour of duty will be as needed by the Chief, Sterile Processing Service (SPS). Incumbent may be assigned to any shift and work weekends and holidays.

3. Certification and Training Requirements. Personnel provided by the contractor for employment consideration must meet 1 or more of the following requirements.

a) Certification as a Certified Registered Central Service Technician (CRCST) or higher by International Association of Healthcare Central Service Material Management (IAHCSMM).

b) Graduation from a nationally recognized CRCST training program with a minimum of 2 current years of documented work in the field.

c) Graduation from a nationally recognized Operating Room Technician training program with a minimum of 2 current years of documented work experience in a Sterile Processing Service environment.

d) Graduation from a US military training program for Surgical Technicians with a minimum of 2 current years of documented work experience in a Sterile Processing Service environment.

e) VA Level 2 certification with a minimum of 2 years current work experience in the SPS environment.

f) Non-Certified technicians with documented and verifiable SPS hands on work experience for a minimum of 5 years.

4. Knowledge, Skills, Experience, and Qualifications. Personnel provided by the contractor for consideration must be competent, have a functional level of understanding and ability to apply these knowledge, skills, experience, and qualifications to daily work practices.

4.1. Must have a practical knowledge of theory, principles, practice and techniques of asepsis to prevent the spread of infection.

4.2. Must have a practical knowledge of microbiology and the principles as they apply to surgical supply operations as they relate to the resistance of microorganisms to external destructive agents such as heat and chemicals used for sterilization and High Level Disinfection (HLD).

4.3. Must have a working knowledge of standard procedures for steam autoclaving including, but not necessarily limited to:

4.3.1. Biological testing of sterilization efficacy utilizing commercially available incubated biological test vials.

4.3.2. Chemical indicators, internal and external, used for identifying steam sterilization exposure.

4.3.3. Use, purpose, and correct interpretation of the Bowie-Dick test.

4.3.4. Interpretation and proper recording of results of all sterilization tests.

4.4. Must have a working knowledge of standard procedures for use of chemical sterilization such as Sterrad, including, but not necessarily limited to:

4.4.1. Biological testing of sterilization efficacy utilizing commercially available incubated biological test vials.

4.4.2. Chemical indicators, internal and external, used for identifying sterilization exposure.

4.4.3. Processes for routine operator maintenance, including replenishment of sterilant cartridges.

4.4.4. Interpretation and proper recording of results of all sterilization tests.

4.5. Must have a working knowledge of standard procedures for use of HLD systems such as Medivator Advantage, Trophon, and manual HLD utilizing Cidex OPA.

4.5.1. Must be aware of and capable of performing on a routine daily basis all testing and quality assurance procedures associated with use of these devices and chemicals.

4.6. Must have a good working knowledge of the availability, economics, use, operation, maintenance, assembly and disassembly of the full range of surgical supplies, instruments, equipment and the specific cleaning, sterilizing and storage requirements of each.

4.7. Must possess a very broad knowledge of all types of surgical and clinical instrumentation. This knowledge must include sufficient working knowledge to be able to identify damaged or broken instruments, and be able to find a suitable replacement item if available.

4.7.1. Knowledge of surgical specialty instrumentation must include a minimum of the following specialties:

4.7.1.1. General; including laparoscopic instrumentation

4.7.1.2. GYN; including laparoscopic and hysteroscopic instrumentation

4.7.1.3. Orthopedics; including arthroscopic instrumentation, total joint arthroplasty, fracture fixation, and soft tissue procedures.

4.7.1.4. Microscopic surgical instrument care and handling; for example eye cataract instrumentation.

4.8. Must have a thorough familiarity with surgical procedures performed in a hospital Operating Room.

4.9. Must have knowledge of medical and surgical terminology, human anatomy, and physiology.

4.10. Must have a thorough knowledge of aseptic principles and techniques including characteristics of various types of detergents, and cleaning techniques.

4.11. Must have knowledge of the proper handling, cleaning, and reprocessing for use of flexible endoscopes such as colonoscopes and gastroscopes.

4.12. Must be able to fallow detailed, step by step instructions provided by the manufacturer for the handling, cleaning, and sterilization or HLD processing of a large variety of surgical and clinical Reusable Medical Equipment (RME).

4.13. Must be capable of performing all physical demands of the SPS department including but not limited to:

4.13.1. Prolonged standing, frequently as much as 8 hours per duty day with normal rest and meal breaks.

4.13.2. Frequent lifting of instrument baskets weighing up to 25 pounds and occasional lifting of objects up to 50 pounds.

4.13.3. Frequent pushing and pulling of carts weighing several hundred pounds.

4.13.4. Frequent and repetitive bending to floor level. Frequent and repetitive lifting above the shoulders, with occasional lifts above the head.

4.14. Must be able to read, write, and understand the English language.

4.15. Must be capable of working in a loud environment with occasional very loud noises.

4.16. Must be capable of wearing required Personal Protective Equipment (PPE) for 8 hours of a duty day with normal rest and meal breaks.

4.17. Must be capable of working in a hot and humid environment while wearing PPE.

4.18. Must be capable of performing repetitive work for long periods of time.

4.19. Must be flexible and able to change tasks at a moment’s notice.

5. Health Tests — Contract personnel shall provide proof of the currency (within one (1) year) of the following tests prior to working any shift; tuberculosis testing, rubella testing and immunizations. Other tests may be required per VA policy.

6. Health Restrictions — Contract personnel will have no health or physical disability restrictions that interfere with the performance of duties.

7. Competencies — The Contractor will keep on file validated competencies and training program records, to include HIPPA, of all contract personnel and have a system capable of making these records available to the VA on a 24 hour, 7 day a week basis. Reusable Medical Equipment and SPS equipment competencies will be completed prior to reprocessing any device and maintained within SPS and updated as required.

8. Computer Literacy — Contract personnel shall have the knowledge and ability to use computers and technology efficiently.

9. Hours of Operation.

9.1. SPS maintains the ability to provide services 24 hours a day, 7 days a week, including holidays. Contract personnel may be required to work any shift to accommodate the successful completion of the SPS mission to serve its veteran customers.

9.2. The government reserves the right to schedule or reschedule the duty hours during the course of the agreement to meet staffing and patient care needs. The government shall provide a 24 hour notice of any schedule changes. Contractor will be responsible for the overall provision of coverage within the timeframes annotated above without exception.

9.3. Contractor’s employee must be present at the facility and must be actually performing the required services to receive payment for services. Contractor shall only receive payment for the actual number of hours worked on-site at the specified facility.

10. Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

a) All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:

i. Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems

ii. Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training

iii. Successfully complete the appropriate VA privacy training and annually complete required privacy training

iv. Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document - e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements

v. The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required

11. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete

12. LOCATIONS. The VISN-22 Sterile Processing Services are located at the following addresses:

Sterile Processing Services;

VA Long Beach Healthcare System (VALBHS-VHALON) 5901 E 7th St.

Long Beach, CA 90822

Sterile Processing Services;

VA San Diego Healthcare System (VASDHS), 3350 La Jolla Village Dr.

San Diego, CA 92161, Sterile Processing Services;

VA Greater Los Angeles Healthcare System (VAGLAHS) 11301 Wilshire Blvd.

Los Angeles, CA 90073

Sterile Processing Services;

VA Loma Linda Healthcare System (VALLHS) 11201 Benton St.

Loma Linda, CA 92357

13. REQUIRED REGISTRATIONS.

13.1. System for Award Management (SAM).

13.1.1. Pursuant to FAR Clause 52.212-4(t) System for Award Management (SAM), after initial registration, the Contractor is required to update registration data as changes occur and must re-register annually to ensure all data remains current. Noncompliance with this requirement will preclude the exercising of any option periods that may be included herein and will be cause for termination of the contract at such time noncompliance is discovered. Refer to cited Clause for more details.

13.2. Service Contract Act (SCA) Wage Determination.

13.2.1. All Contractors must comply with the Service Contract Act Wage Determination (see Section D.2). By submitting a quote, the Contractor is confirming that the wages listed by the Department of Labor are being adhered to. To access this information and confirm compliance the offeror should visit http://www.wdol.gov/.

13.2.1.1. On the left side of the screen look under Service Contract Act:

13.2.1.1.1. (1) Select SCA WDs;

13.2.1.1.2. (2) On next screen, select the state and county from the drop down boxes and click on continue;

13.2.1.1.3. (3) On the first question, click NO;

13.2.1.1.4. (4) On the second question, click NO;

13.2.1.1.5. (5) On the next screen, scroll down to “12000 – Health Occupation;”

13.2.1.1.6. (6) locate the job that matches occupation; this will display the minimum wage that must be paid to employee(s) of the Contractor eligible under the contract award.

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

This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN 2017)

(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) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(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.