36C26219R0122-003.pdf

FedBizOpps Combined Synopsis/Solicitation Notice

CLASSIFICATION CODE

SUBJECT

CONTRACTING OFFICE'S

ZIP-CODE

SOLICITATION NUMBER

RESPONSE DATE (MM-DD-YYYY)

ARCHIVE DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS

SET-ASIDE

NAICS CODE

CONTRACTING OFFICE

ADDRESS

POINT OF CONTACT

(POC Information Automatically Filled from User Profile Unless Entered)

DESCRIPTION * See Attachment

AGENCY'S URL

URL DESCRIPTION

AGENCY CONTACT'S EMAIL

ADDRESS

EMAIL DESCRIPTION

ADDRESS

POSTAL CODE

COUNTRY

ADDITIONAL INFORMATION

GENERAL INFORMATION

PLACE OF PERFORMANCE

* = Required Field FedBizOpps Combined Synopsis/Solicitation Notice Rev. March 2010

J

Surgical Instrument Repair Services

90815

36C26219R0122

07-09-2019

N

811219

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

Cynthia Dunbar cynthia.dunbar3@va.gov

Department of Veterans Affairs VA San Diego Healthcare System ATTN: Sterile Processing Services (SPS) 3350 La Jolla Village Drive San Diego, CA

92161

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 69

664-19-2-058-0109

36C26219R0122 06-20-2019

Cynthia Dunbar 562-766-2301 07-09-2019 3:00pm EST

00262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive

X 100

X

811219

$20.5 Million

N/A

VA San Diego Healthcare System

ATTN: SPS

3350 La Jolla Village Drive San Diego CA 92161

00262

Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive

Financial Services Center P.O. Box 149971

Austin TX 78714-9971

See CONTINUATION Page

Please see enclosed Schedule of Services and Price.

See CONTINUATION Page

X X

X X X 1

RFP 36C26219R0122

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 SCHEDULE OF SERVICES AND PRICE

B.3 PERFORMANCE WORK STATEMENT

SECTION C - CONTRACT CLAUSES

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

2018)

C.2 52.216-18 ORDERING (OCT 1995)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.4 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.6 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

C.7 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.8 VAAR 852.211-70 SERVICE DATA MANUALS (NOV 2018)

C.9 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.10 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.11 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

C.12 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2019)

C.13 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 WAGE DETERMINATION – SAN DIEGO (2019)

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JAN 2017) 42

E.2 ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS —

COMMERCIAL ITEMS

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

E.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.5 52.216-1 TYPE OF CONTRACT (APR 1984)

E.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.8 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

E.9 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.10 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN

2008)

E.11 VAAR 852.273-74 AWARD WITHOUT EXCHANGES (JAN 2003)

E.12 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (OCT 2018)

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:

DUNS:

b. GOVERNMENT: Contracting Officer 36C262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive

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] Monthly

4. GOVERNMENT INVOICE ADDRESS: Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing. If you have any questions about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below:

• Tungsten e-Invoice Setup Information: 1-877-489-6135

• Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com

• FSC e-Invoice Contact Information: 1-877-353-9791

• FSC e-Invoice email: vafsccshd@va.gov

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

AMENDMENT NO DATE

mailto:VA.Registration@Tungsten-Network.com mailto:vafsccshd@va.gov

B.2 SCHEDULE OF SERVICES AND PRICE

FIVE YEAR PERIOD OF PERFORMANCE WITH THE FOLLOWING ORDERING

PERIODS (Each ordering period shall be funded separately):

Base Period: August 1, 2019 – July 31, 2020

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES

QTY UNIT UNIT PRICE TOTAL AMOUNT

0001 On-Demand, On-Site Surgical Instrument Preventive Maintenance and Repair Services 12 Month ___________ _______________

Ordering Period 1: August 1, 2020 – July 31, 2021

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES

QTY UNIT UNIT PRICE TOTAL AMOUNT

1001 On-Demand, On-Site Surgical Instrument Preventive Maintenance and Repair Services 12 Month ___________ _______________

Ordering Period 2: August 1, 2021 – July 31, 2022

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES

QTY UNIT UNIT PRICE TOTAL AMOUNT

2001 On-Demand, On-Site Surgical Instrument Preventive Maintenance and Repair Services 12 Month ___________ _______________

Ordering Period 3: August 1, 2022 – July 31, 2023

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES

QTY UNIT UNIT PRICE TOTAL AMOUNT

3001 On-Demand, On-Site Surgical Instrument Preventive Maintenance and Repair Services 12 Month ___________ _______________

Ordering Period 4: August 1, 2023 – July 31, 2024

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES

QTY UNIT UNIT PRICE TOTAL AMOUNT

4001 On-Demand, On-Site Surgical Instrument Preventive Maintenance and Repair Services 12 Month ___________ _______________

GRAND

TOTAL

**The previous option year pricing will apply to any extension pursuant to FAR 52.217-8

B.3 PERFORMANCE WORK STATEMENT

1. INTRODUCTION:

The Veterans Integrated Service Network 22 (VISN-22), VA San Diego Healthcare System (VASDHS) is seeking a contractor that can provide On-Demand, On-Site services related to a Preventive Maintenance (PM) program for surgical instrumentation used in the operating room and in clinical procedures which includes repair, refurbish and assessment for Government replacement. In addition to the preventive maintenance program, a one-time, joint, wall-to-wall inventory of all surgical instruments contained within the Surgery Departments and Sterile Processing Services (SPS) is required at the beginning of the contract. This inspection is required to establish a PM schedule.

2. PARTICIPATING FACILITY AND PLACE OF PERFORMANCE:

The contractor shall provide on-demand, on-site services at the government facility below:

VA San Diego Healthcare System (VASDHS) ATTN: Sterile Processing Service (SPS) 3350 La Jolla Village Drive San Diego, CA 92161

3. PERIOD OF PERFORMANCE:

The expected performance period shall be a five (5) year period of performance which includes one (1) year base period and four (4) one (1) year ordering periods.

4. REQUIRED SERVICES:

1) Preventive Maintenance Instructions:

a. The contractor shall provide PM services, which consists of aligning, calibrating, refurbishing, cleaning, stain removal, polishing, sharpening, oiling, straightening, adjusting, replacing parts and maintaining Government owned surgical instruments, sets, trays and lids currently used by the VASDHS to ensure safe functionality and reliability per manufacture’s specifications. Instruments shall be serviced individually or as components of a specialty tray.

Requested services are periodic in nature and is required in order to maintain the equipment’s intended manufacturer’s design and functionality with minimal incident of malfunction.

Recommendations for Government replacement and/or removal of surgical instruments is also covered within the scope of PM. The Government estimates one service call per week to support roughly 60 sets per month and the Government uses a tray barcode tracking system.

b. The contractor shall report to the Contracting Officer Representative (COR) upon execution of the contract and shall work with the COR and SPS to conduct a one-time, joint, wall-to-wall inventory of all surgical instruments contained within the facility within three (3) days of execution of the contract. Upon completion of the inventory, the contractor shall work with Shift Supervisor or Lead to establish a preventive maintenance schedule, that supports the Operating Room Schedule, for the items identified during the inventory.

2) Preventive Maintenance Instrumentation Instructions:

a. Provide preventive maintenance, repairs, and testing of all surgical instruments owned by the VASDHS including but not limited to, orthopedic (including pneumatic orthopedic instruments), ophthalmic, GU, dental, neurological, laparoscopic, vascular, ENT, gynecological, bariatric, gastrointestinal and insulated items. Instrumentation includes but is not limited to, specialty trays, curettes, hemostats, scissors, graspers, laparoscopic instruments, rongeurs, dental instruments, and containers that house the instruments.

b. During PM, instruments shall be sharpened, adjusted, aligned, straightened, refurbished, calibrated, cleaned, oiled, and parts replaced in accordance with manufacturer’s original specifications and configuration, in compliance with ANSI/AAMI ST79:2017. Any stains, sharp edges and/or scratches shall be removed. All returned, inspected, and repaired instruments shall be stain-free and polished to a mirror finish while maintaining locator barcodes.

c. All instruments that can be disassembled shall be disassembled and undergo a detailed contractor Inspection and calibration per manufacturer’s Instructions For Use (IFU).

d. Instruments shall not be altered, changed or tampered with and shall be repaired following manufacturers original design specifications and in compliance with ANSI/AAMI

ST79:2017.

e. All cannulated items shall have interior lumen flushed and inspected.

f. Delicate, sharp, pointed instruments shall be returned covered with appropriate tip protectors.

g. Specific Laparoscopic Instrument PM Services shall include:

• Sharpening

• Resetting

• Aligning

• Adjusting

• Repair with part replacement

• Cleaning/Oiling

• Replace Flush port

• Straightening

• Repair/replacement of cautery posts

• Thumb screws

• Skirts

• Inner stem resetting

• Repair/replacement of shaft insulation

• Repair/replacement of ratchet assemblies

• Repair/replacement of valves

• Repair/replacement of springs

• Repair/replacement of resealing of handles

• Replace needles/hooks/spatulas

• On-site Laparoscopic Insulation Testing and Replacement (Lap)

• Removal of Old Color Coating

• Final Inspection – Performance

• Complete rebuilding of laparoscopic instrument components including replacement of all parts as necessary

3) General PM Services shall include:

• Complete inspection and evaluation of all general and micro instruments

• Disassembly when applicable

• Sharpening

• Refurbishment

• Align and adjust as required for optimal performance

• Tape/color coating removal and tape re-application

• Replace damaged or worn carbine inserts

• Repair ratchet, jaw, and shank as required

• Ultrasonic cleaning and revitalization

• Replace worn, missing, or broken parts

• Buffing

• Cleaning/oiling as needed

• Refinish on request –

• Trays serviced according to case volume

• Ensure all sharps, such as scissors, rongeurs, osteotomes, elevators and curettes are checked for sharpness, fractures, proper tension, lose or missing screws, alignment etc.

• All ringed instruments are inspected for alignment, box lock tension and fractures.

• All forceps are inspected for alignment, proper spring tension and fractures.

• Special attention shall be focused on delicate instruments and teeth alignment.

• After sharpening and repairing all the instruments, the Contractor shall place the instruments in an ultrasonic cleaner to remove debris and oxidation.

• Ensure proper screws, springs are to be used in the repair process. There will be no center punching of screws in rongeurs/Kerrisons etc.

4) Refurbishment Repair Services Program:

Each surgical set in the inventory shall be inspected, repaired, and refurbished on an as needed basis.

Instruments that are damaged or broken during the repair or refurbishment process shall be replaced by the contactor with an identical instrument at no expense to the Government. Instruments that are deemed unrepairable shall be returned to the service with a statement of discrepancy.

5. ADDITIONAL REPAIR INSTRUCTIONS:

1) Containers shall be inspected and repaired as needed, removing dents, tightening or replacing latches, replacing broken rivets, rails, retention plates, and gaskets. The Contractor shall utilize Original Equipment Manufacturer (OEM) replacement parts.

2) Damaged instruments are the property of VASDHS and shall be returned to the SPS for turn-in according to established procedures.

3) Curettes, osteotomes, rongeurs, and scissors shall be sharpened according to original manufacturer specifications.

4) Vendor specific rigid containers, base, lid, and baskets shall be maintained. Missing or damaged handles shall be replaced with OEM parts. Damaged filter holders shall be repaired. If they cannot be repaired, they will be replaced with OEM components. Colorized container lids shall have the color coat replaced when excessive scratches are noted by the COR.

5) Instruments marked with 2-D data matrices shall have the data matrix protected during repair so that they can be scanned, per instrument tracking protocol.

6) As instruments are removed from the container, the Contractor shall count and separate the instruments. Hemostats and ring handled instruments shall be checked for alignment, box lock tension and fractures. Tissue forceps shall be checked for alignment, proper spring tension and fractures. Special attention shall be focused on delicate instruments and teeth alignment. All sharps shall be checked for use. Other instruments shall be tested and checked for fractures, proper tension, lose or missing screws, alignment, etc.

7) An inventory of new needle holder foot plates shall be on hand for replacement as necessary.

8) After instrument sharpening and repair, the Contractor shall place all stainless instruments into the ultrasonic cleaner to remove debris and oxidation. The instruments shall be rinsed with clean water, counted again, and placed back into the container.

9) All single instruments and surgical trays picked up or delivered by the contractor shall be properly listed for accountability verification. The contractor shall work together with the Shift Supervisor or Lead to determine the best practice for pickup and delivery. The Contractor shall develop an online work order system that tracks service history and when services are due.

10) Documentation shall be provided by the contractor to the Shift Supervisor or Lead for the specific work performed. Upon completion of services the contractor must provide a summary document (end of day report) using PowerPoint, Excel, Word or equivalent, which contains the following information: date of service, instrument type, tray description, department, status of instrument repair or refurbishment, type of repair, hours/minutes performing the service and cost.

Instruments that are non-repairable shall be annotated in this log as well.

11) The contractor shall coordinate and confirm the next repair date with a follow up phone call or email to the Shift Supervisor or Lead.

12) The contractor shall allow an open-door policy for its repair vehicle (if applicable) which will allow VASDHS staff full access to the contractor’s service technician.

6. CONTRACTOR OWNED EQUIPMENT REQUIRED TO PERFORM SERVICES:

1) Ultrasonic Cleaner: All stainless instruments shall go through the sonic cleaner, after the repair process.

2) Trinco Bead Blaster: Sets shall be completely refurbished by using a fine glass bead material in the blaster. This process brings the instruments to a “like new,” satin finished, condition. Care is taken during this process not to remove manufacture etching, part numbers, tape or other identifiable markings on the instruments.

3) Drill Press: The drill press shall be used for a variety of functions: Drilling holes for taping, drilling out broken rivets on containers, spinning replacement screws for filing, etc.

4) Buffers & Bench Grinders: A variety of wheels shall be used on the buffing motors that have unique functions. From hardcore sanding to bright finish buffing, these are the tools of the trade that make the instruments function at their best.

5) Evacuation System: All motors and grinders shall be tied into a central evacuation system that sucks the dust into a contained filtered storage unit, keeping the repair lab free from airborne particles.

6) Stereo Boom Microscope: This is a 10x-30x powered unit that shall be used to see instruments up-close for sharpening and inspection.

7) Microtron Unit: Shall be used in conjunction with the microscope and by inserting a variety of diamond burs into the hand piece.

8) Demagnetizer: Demagnetizing instrument for micro sets and needle holders.

9) Diamond Duster: This tool applies tungsten-carbide “diamond dust” to the worn jaws of micro instruments and needle holders.

10) Endo Hipot Tester: Testing Lap & Endo insulation service shall be provided by the Contractor.

If an instrument fails the test, the Contractor shall notify the Shift Supervisor or Lead.

11) Hand Tools: A variety of specialized hand tools are needed to complete needed repairs.

7. VA MONITORING:

1) Continued monitoring of instrument repairs quality and turnaround time, as well as contract compliance shall be progressively monitored by SPS and COR.

2) The contractor’s technicians shall report to Shift Supervisor or Lead upon arrival at the VASDHS to pick-up and return instruments. The Shift Supervisor or Lead shall monitor contractor instrument pick-up and drop-off through written logs and schedules to ensure services are received by VASDHS IAW the contract.

3) The COR shall be responsible for verifying contract compliance. Any incidents of contractor noncompliance as evidenced by the monitoring procedures shall be forwarded immediately to the Contracting Officer (CO).

8. INVOICE/BILLING PROCEDURES:

1) Documentation of services performed shall be reviewed by the SPS IPPS Certifier prior to certifying payment. The SPS Chief shall perform periodic documents checks with the using service to ensure records monitoring. VASDHS shall pay only for services performed at the VASDHS and at the contractor’s location (as applicable and approved by SPS) and in strict accordance with the schedule of prices/costs shown in the schedule of items. Contract monitoring and record keeping procedures shall be sufficient in detail to ensure proper payment and allow for audit verification that services were provided.

2) The Contractor shall submit a monthly invoice in the arrears within five working days past the last day of the billing period to the VASDHS SPS IPPS Certifier and through the Tungsten Network System for payment of services completed. The invoice shall indicate the contract number, applicable purchase order (obligation number), billing cycle and services performed during that billing cycle. Once the SPS IPPS Certifier verifies the services performed matches the contractor’s certified delivery documentation, the SPS IPPS Certifier shall certify the invoices for payment.

9. TECHNICAL QUALIFICATION REQUIREMENTS:

1) Contractor personnel performing under this contract shall be fully qualified and have the appropriate experience, knowledge, credentials and certifications relating to Surgical Instrument Repairs Services for the entire duration of the performance period.

2) Contractor personnel performing under this contract shall provide resumes that include copies of training certifications and credentials from a reputable agency that meet or exceed the American National Standards Institute (ANSI)/Association for the Advancement of Medical Instrumentation (AAMI) certification Standards.

3) Contractor personnel performing under this contract shall show evidence of having at least five (5) years of experience performing Surgical Instrument repair services.

4) Contractor personnel shall be compliant with relevant VA Policies and with ANSI/AAMI

ST79:2017 standards (Comprehensive guide to steam sterilization and sterility assurance in health care facility). Work performed under this contract shall be in accordance with these policies and with the AAMI standard referenced in this section.

10. CONTRACTOR POINT OF CONTACT INFORMATION:

The Contractor shall designate one (1) individual, separate from the contractor’s technician, as the Point of Contact (POC) responsible for administrative matters in the performance of services under this contract. The POC shall have full authority to act for the contractor on all matters relating to the daily performance of this contract. An alternate shall be designated by the contractor, but the contractor shall notify the COR or Contracting Officer in writing those times when the alternate shall act as the POC.

The contractor shall provide the name and telephone number of the person designated as Point of Contact and Alternate on the space below:

Point of Contact, Name:

Telephone Number:

E-mail Address:

Alternate Point of Contact, Name:

Telephone Number:

E-mail Address:

11. SERVICE HOURS:

The contractor shall perform the services as specified herein Monday through Friday, except for National Holidays (see below) between the hours of 07:30 a.m. – 4:00 p.m. Any other services requested outside the coverage times shall be approved in advance by the COR and/or the Contracting Officer.

NATIONAL HOLIDAYS:

New Year’s Day 1 January Martin Luther King’s Birthday Third Monday in January President’s Day Third Monday in February Memorial Day Last Monday in May Independence Day 4 July Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day 11 November Thanksgiving Day Fourth Thursday in November Christmas Day 25 December

When a holiday falls on a Sunday, the following Monday shall be observed as a legal holiday by U.S. Government agencies. When a holiday falls on a Saturday, the preceding Friday shall be observed as a legal holiday by U.S. Government agencies. Also included would be any other day specifically declared by the President of the United States to be a National Holiday.

When a service is required less than three times per week and the time for that service falls on a holiday, the work shall be accomplished on the day following or preceding the holiday.

12. SECURITY REQUIREMENTS:

Before work is performed and during the entire performance period when work is being conducted the contractor shall ensure they possess or obtain the necessary credentials and badges needed to enter and exit the facility to include obtaining access to needed and specific site areas where instruments are located. Coordination and check in with the VA police and other appropriate security personnel may be required. Contractor shall coordinate with the COR or other authorized representative if assistance is needed.

13. CONTRACTOR SUBMITTALS/INSURANCE REQUIREMENTS:

1) The Contractor is required to comply with Federal and State Workers Compensation and liability insurance. Reference FAR clause 52.228-5-Insurance and Subpart 28.307-2-Liability, contractors shall show proof of Worker’s Compensation that complies with Federal and State Worker’s Compensation and Occupational requirements and proof of General Liability Insurance.

2) 15 days after contract award, the Contractor shall furnish, to the Contracting Officer, an

Official Certification from the insurance company indicating that the coverage has been obtained and that it may not be changed or cancelled without guaranteed thirty (30) day notice to the Contracting Officer. New certifications shall be furnished at least thirty (30) days prior to the expiration date of the current insurance policy. The phrase “will endeavor” is not acceptable terms to the Government and such coverage carrying that phrase will be rejected and services may not be rendered until proper certificate is issued.

14. CONTRACTING OFFICER REPRESENTATIVE (COR):

Delegation of Authority letters shall be forwarded to the using service and the Contractor after agreement has been signed, identifying the individual(s) as the COR(s). No service shall be provided without the approval of the COR or his/her designee of this contract. The Contractor shall not accept any instructions issued by any other person(s) other than the Contracting Officer or his/her delegated representative acting within the limits of his/her authority.

15. IDENTIFICATION, PARKING, SMOKING, AND VA REGULATIONS:

Contractor personnel shall always wear visible identification while on the premises of the VA Medical Center. It is the responsibility of the Contractor to park in the appropriate designated parking areas.

Information on parking is available from the VA Police Department. The VA Medical Center will not invalidate or make reimbursement for parking violations of the Contractor under any circumstances.

Smoking is prohibited inside all buildings at the VA Medical Center. Possession of weapons is prohibited.

Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court.

16. AUTHORIZED SERVICES:

Only those services specified within the contract are authorized. The Contractor is advised that only the Contracting Officer, acting within the scope of the contract, has the authority to make changes which affect the contract in terms of quality, quantity, price or delivery. In the event the Contractor initiates any change at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment shall be made in the contract price to cover any increase of costs incurred as a result thereof.

(End of Page)

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 at 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 Use 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)

C.2 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the effective date of the contract through the end of the effective period.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1,000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a single item in excess of $1,000.00;

(2) Any order for a combination of items in excess of $100,00.00; or

(3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph

(b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 1 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.4 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause)

C.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR

2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause)

C.6 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR

(APR 1984)

Funds are not presently available for performance under this contract beyond the contracts current period of performance. The Government’s obligation for performance of this contract beyond that period is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond the current period of performance, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of Clause)

C.7 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

C.8 VAAR 852.211-70 SERVICE DATA MANUALS (NOV 2018)

The Contractor shall follow standard commercial practices to furnish manual(s), handbook(s) or brochure(s) containing operation, installation, and maintenance instructions, including pictures or illustrations, schematics, and complete repair/test guides, as necessary, for technical medical equipment and devices, and/or other technical and mechanical equipment provided per CLIN(s) . The manuals, handbooks or brochures shall be provided in hard copy, soft copy or with electronic access instructions, consistent with standard industry practices for the equipment or device. Where applicable, the manuals, handbooks or brochures will include electrical data and connection diagrams for all utilities. The documentation shall also contain a complete list of all replaceable parts showing part number, name, and quantity required.

(End of Clause)

C.9 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—

MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes VAAR 852.219-11 VA Notice of Total Veteran-Owned Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable.