36C26319Q0265-001.pdf

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 48

36C26319Q0265 03-07-2019

JOSH IMDACHA 7012393700X3804 03-21-2019

4PM

04-S

DEPARTMENT OF VETERANS AFFAIRS

NETWORK 23 CONTRACTING OFFICE

1303 5th St, STE 300

Coralville IA 52241

X 100

X

621610

$15 Million

X

N/A

X

MULTIPLE SITES

SEE PWS

04-S

DEPARTMENT OF VETERANS AFFAIRS

NETWORK 23 CONTRACTING OFFICE

1303 5th St, STE 300

Coralville IA 52241

Y

DEPARTMENT OF VETERANS AFFAIRS

FINANCIAL SERVICES CENTER

FMS-VA-2 (101)

P.O. BOX 149971

AUSTIN TX 78714-9971

877-353-9791 512-460-5540 x

See CONTINUATION Page

VISN 23 IDIQ In-home Patient Ventilator Rental and Services

SEE SCHEDULE & PWS FOR DETAILS

BASE ORDERING PERIOD: DATE OF AWARD 9/30/2019

ORDERING PERIOD 1: 10/1/2019-9/30/2020

ORDERING PERIOD 2: 10/1/2020-9/30/2021

ORDERING PERIOD 3: 10/1/2021-9/30/2022

ORDERING PERIOD 4: 10/1/2022-9/30/2023

See CONTINUATION Page

X X

X 1

36C26319Q0265

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PERFORMANCE WORK STATEMENT FOR VISN VENTILATOR CONTRACT

B.3 PRICE/COST SCHEDULE

SECTION C - CONTRACT CLAUSES

C.1 52.216-18 ORDERING (OCT 1995)

C.2 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.3 52.216-22 INDEFINITE QUANTITY (OCT 1995)

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

C.5 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984) 16

C.6 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.8 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

C.9 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

C.10 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.11 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (OCT 2018)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-2 EVALUATION—COMMERCIAL ITEMS (JAN 1999)

E.2 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

ITEMS (OCT 2018)

E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.4 52.216-1 TYPE OF CONTRACT (APR 1984)

E.5 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.6 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(SEP 2018)

E.7 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (SEP 2018)

E.8 VAAR 852.273-74 AWARD WITHOUT EXCHANGES (JAN 2003)

E.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C263

DEPARTMENT OF VETERANS AFFAIRS

NETWORK 23 CONTRACTING OFFICE

1303 5th St, STE 300 Coralville IA 52241

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] UPON ACCEPTANCE

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

DEPARTMENT OF VETERANS AFFAIRS

FINANCIAL SERVICES CENTER

FMS-VA-2 (101)

P.O. BOX 149971

AUSTIN TX 78714-9971

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

AMENDMENT NO DATE

B.2 PERFORMANCE WORK STATEMENT FOR VISN VENTILATOR

CONTRACT

Overview of contract services: The contractor shall provide delivery, setup, ventilator supplies and education for all Veterans requiring invasive or non-invasive in-home ventilator service for the VISN 23 VA Health Care Systems and their service area (North Dakota, South Dakota, Minnesota, Iowa & Nebraska). Attachment 2 AOR lists complete service area.

1. Facility Accreditation

The contractor shall be accredited by an agency recognized by the U.S. Government for respiratory therapy services including extensive Home Mechanical Ventilation (HMV) experience, or meet accredited agency standards and maintain that accreditation or standards. If at any time the contractor is denied said agency accreditation or receives conditional accreditation or does not meet the accreditation agencies standards, the VA must receive immediate notification in writing citing the follow-up actions. If the accrediting agencies accreditation or standards cannot be met, the VA reserves the right to terminate the contract.

2. Non-personal Healthcare Services Contract

The service portion of this contract is a non-personal health care services contract in which the personnel rendering the services are not subject, either by the contract terms or by the manner of its administration, to the supervision and control usually prevailing in relationship between the Government and its employees. The Government will evaluate the quality of professional and administrative services provided, but retains no control over the medical and professional aspects of the services rendered. The Contractor shall be fully responsible for the actions of its employees and shall indemnify the Government for any liability producing act or omission by the contractor, its employees, and agents occurring during contract performance.

3. Contract Administration

Only the Contracting Officer has the authority to make changes that affect the Contract in terms of quality, quantity, price or delivery. Under no circumstance shall anyone enter into any verbal or written understanding, agreement, modification, or changes to this contract other than the Contracting Officer. Deviations from the terms of the contract shall not be effective or binding upon the Government.

4. Orders

Prescription orders will be placed by the Home Respiratory Care Coordinator, Pulmonologist, or Contracting Officer Representative (COR). Prescription Orders are authorized to be placed by way of telephone request first and they must be followed by a written Prescription Order signed by Chief of Pulmonary or assigned designee. Chief of Pulmonary or Chief of Staff will provide a contact list of VA approved physicians. No deviation from orders shall be allowed without prior consent. All prescription changes will be followed by a Physician's change order.

5. Order Termination

Upon termination of an authorized order, the Contractor shall pick-up and return to storage any ventilator equipment belonging to the VA, as appropriate. Should Government owned equipment become damaged and the Veteran is unable to continue use of the equipment, the Contractor shall inform the VA and the Veteran shall be provided a replacement with Government owned equipment.

This shall be charged as a standard set up fee in accordance with Line Item One.

6. Forms

The VA will determine acceptability of contractor forms. If determined unacceptable the VA will provide the Contractor with appropriate forms for documentation of services provided to VA beneficiaries.

7. Contractor Schedule

Licensed Respiratory Therapist (LRT) shall be contacted within 24 hours of receipt of a new order.

An appointment for service will be scheduled within 24 hours of request unless otherwise requested by the COR or Beneficiary. If service will be delayed more than 24 hours COR shall be contacted with status of order and reason for delay.

8. Failure to Respond

Failure of the contractor to respond to routine deliveries, or emergency service calls within 24 hours after notification by the VA may be considered grounds for invoking provisions of FAR 52.212-4(m) "Termination for Cause". The Government may "off-set" for services not provided.

9. Phase-in Requirements

The Contractor agrees to a maximum sixty (60) day transition period from the date the contract is awarded for the transferring of all services and supplies to VA beneficiaries. The Contractor shall coordinate transition efforts with the incumbent and VA. Transition date of each beneficiary shall be noted and billing period shall commence on that day.

10. Phase-out Requirements

The contractor recognizes that the services being provided under this contract are vital and must be continued uninterrupted if the Government elects not to exercise its option to extend the term of this contract or at contract expiration. The contractor shall not remove any equipment from the beneficiary's residence until replacement equipment has been installed. If additional phase-in/phase-out time is required beyond contract expirations in accordance with FAR 52.237-3 the contractor will be paid on a prorated basis at the prices established for the last period of performance.

11. Insurance Requirements

a. The contractor agrees to procure and maintain, Workers Compensation and Employer's Public

Liability Insurance in accordance with the laws of the state in which service is provided.

b. Public Liability Insurance: The Contractor shall comply with all applicable Federal and State laws with regard to liability arising or resulting from injury to or death of an employee in performing the work under this contract, and shall save and hold the Government harmless against any or all loss, cost, damage, claim, expense or liability whatsoever, because of accident or injury to persons or property of others occurring during the performance of this contract. All liability coverage shall be kept current throughout the duration of the contract and current certifications provided to the Contracting Officer.

c. Before starting work under this contract, the Contracting Officer shall require the Contractor to furnish a certification from his insurance company that the coverage outlined in paragraphs (a) and (b) has been obtained, and that it may not be changed or canceled without written notice to the Contracting Officer.

12. Beneficiary Lists

Beneficiary lists, no matter how developed, shall be treated as CONFIDENTIAL information. Lists and/or names of beneficiaries shall NOT be disclosed or revealed for any use outside the VA, without prior written permission of the VA. The VA database listing may NEVER be utilized for solicitation of any kind. Any correspondence to veterans MUST have prior approval and be signed by the Contractor and the VA.

13. Release of information

The Contract employee shall only release medical information obtained during the course of this contract to the VA designated employee or staff involved in the care and treatment of that individual beneficiary. All Other requests for release of beneficiary information must be handled by the local VA's Release of Information Department.

14. Policies & Procedures

The VA will review the policies, procedures, and plans of the contractor to identify and resolve variances. The VA and the contractor shall collaborate to modify the contractor policies, procedures and plans or use those of the VA. A Memorandum of Understanding (MOU) regarding the policies, procedures, and plans shall be drafted and signed by the Contracting Officer and contractor. The contractor shall be responsible for the orientation and continuing education/training of all employees after initial orientation by the VA at contract award.

15. Reconditioning of Government Owned Equipment (Limited to returned ventilator equipment.)

a. The contractor shall track and perform reconditioning service on equipment, which will be returning to service. Reconditioning service is defined as the parts, labor, and materials necessary to restore to good operating condition, such as cleaning, changing filters, and other requirements per manufacturer.

b. The contractor shall maintain records of safety and maintenance checks on equipment. The record shall indicate the type of equipment, serial number, and exact safety and maintenance checks performed. These records may be requested or inspected at any time by the VA.

c. When it is determined by the VA that an item is beyond economical reconditioning, the item will be held in storage, tagged as unserviceable, and returned to the VA as instructed.

d. The Contractor shall furnish only new standard parts. All parts shall be of current manufacturer and shall have compatibility with presently installed equipment.

e. All newly installed replacement parts, installed on Government owned equipment, become the property of the Government. Replaced parts are to be disposed of by the Contractor after obtaining approval from the VA.

16. Telephone Numbers

The contractor shall provide each beneficiary covered by this contract with the contractor's name, address and telephone number to include numbers to be used during normal business hours and numbers for emergency requests during non-business hours. Contractor shall have a Toll free contact number for patients.

17 Licensed Respiratory Therapist (LRT) Responsibilities

a. As prescribed by licensed and privileged VA personnel the contractor's Licensed

Respiratory Therapist (LRT) shall perform the following:

(1) Perform monthly home visits, unless otherwise stated by VA Healthcare System Clinical CORs.

(2) Provide documentation of all home visits to Home Respiratory Care Coordinator or Clinical

COR within three (3) days of visit.

(3) Provide thorough education to patient and caregiver in proper ventilator usage, ventilator function and operation including control knobs, power sources, adding oxygen, troubleshooting the ventilator and alarms, the remote alarm, checking tidal volume, ventilator tubing change, talking devises, cleaning of tubing and humidifier, back pressure with Jackson trach tube (if applicable), bagging with AMBU bag, and supplies consistent with requirements and per manufacturer recommendations.

(4) Provide continuing education/training in ventilator use as needed. All education provided by

Contractor's LRT shall be approved by the VA.

(5) Assess the home environment for safety and suitability for ventilator use and submit a report in writing to the Home Respiratory Care Coordinator or clinical COR about required changes and recommendations prior to patients discharge to home.

(6) Participate in determining and setting up vent tray devices attached to the wheelchair to facilitate safe patient mobility.

b. The Contractor's therapist shall be competent in the use of the PLY 100, LTV 1150, Resmed Astral, Respironics Trilogy 200, or other ventilator as designated by the VA, oxygen delivery, aerosol equipment, tracheotomies, airway care, and suction machines and cough assist devices. Competency assessment of the Contractor's therapists shall be performed at the VA at no cost to the Government. The Contractor shall inform the VA immediately of any change in LRT staff and have competent back up staff to service the beneficiaries. LRT should notify the Clinical COR in writing and/or by phone of any clinical changes noted during the visit. Critical changes in the patient's condition related to ventilation should be reported to the pulmonologist of record or patient may be advised to go to the closest Emergency Department for care.

c. The contractor shall provide one period of instruction in an individual setting on the proper use and care of Ventilator equipment and supplies. The Contractor's LRT shall provide instructions to the beneficiary and/or caregiver in the safe and appropriate use of equipment including basic home safety, storage, and handling of the involved equipment, required maintenance, electrical safety, whom to call in the event of an emergency, etc. Instructions to the beneficiary/caregiver shall include demonstrating the correct use and observing a return demonstration by the beneficiary/caregiver. Documentation of this demonstration signed by beneficiary/caregiver shall be sent to the VA within (1) one day of delivery or setup of services. This service shall be available Monday through Friday during the contractor's normal business hours except for National Holidays.

d. LRT's shall not provide any direct patient care that is not explicitly required by the resulting contract.

18. Ventilators

Item Description Make Model Quality

Ventilator, Pulmonetic System

CareFusion LTV 1150 Brand Name or Equal

Ventilator, Trilogy Philips Respironics

Trilogy (Various) Brand Name or Equal

Ventilator, Astral ResMed Astral (Various) Brand Name or Equal

a. The system includes but is not limited to the Ventilator, backup ventilator (if applicable), masks circuit, heated humidification device, tubing, adapters, connectors, battery, AMBU bag, power pack, etc. The contractor shall maintain a stock of contractor owned Ventilators. All ventilators and supplies will be provided by the contractor unless government owned equipment is specified by the COR. In the event government owned equipment is specified the VA will be responsible for the cost of any PM’s associated with the equipment.

b. The contractor shall track ventilators for Preventative Maintenance (PM) in accordance with manufactures' specifications. If there are no manufacturer's instructions the VA and Contractor will determine maintenance schedule. If a ventilator needs maintenance, either scheduled or unscheduled, the contractor will pick up the ventilator from the patient's home and replace with another ventilator.

The patients on continuous ventilation will always have two ventilators on hand.

a. Patients may be on continuous or intermittent mechanical ventilation using the PLV 100, LTV

1150 ventilator, Resmed Astral, Respironics Trilogy 200 or other Ventilator as designated by the VA. Battery backup supply to last 3 times the response time to a call. If they are unable to respond to an emergency service call the contractor is responsible to make arrangements with another supplier to supply a ventilator. Most emergency services shall be provided within 2 hours of notification.

b. VA owned Ventilators in need of manufacturer's annual PM and/or repairs shall be shipped to the manufacturer by the Contractor. The COR shall be notified of necessary repairs and cost prior to approval of those repairs. VA is responsible for costs of maintenance and repairs to the manufacturer, and shall be paid separately from this contract. Contractor owned ventilators requiring PM’s will be maintained at the cost of the contractor.

c. If Contractor is trained and certified to perform the manufacturer's annual PM on specific VA owned ventilators, Contractor shall submit the COR an estimate cost before conducting PM. This shall be paid separately from this contract.

d. Services will include training, home safety, instruction and return demonstration per outlined education objectives /records/ program requirements. The beneficiary or caregivers will also be instructed on how to obtain maintenance on the equipment, both scheduled and unscheduled.

e. The Contractor shall send electronic confirmation to the Clinical COR within (one) 1business day of ventilator issuance, and education. This documentation must include the type of equipment issued/delivered and the serial number, type of circuit and size, any problems encountered in the set-up (Le., patient not able to do return demo, patient or care giver unable to understand instruction, environment will not support equipment.)

f. Requests for information related to patient contacts or order status will be responded to within 1 business day.

g. Failed Ventilator Equipment will be evaluated and exchanged if needed, upon request of the COR or beneficiary. Contractor will document cause of failure and serial number of broken equipment and send electronic documentation within 1 business day of providing the service. That documentation shall be sent electronically to COR. If failed equipment is under warranty, the contractor shall arrange to have the equipment exchanged or replaced to VA stock. If the equipment is under warranty the contractor is not responsible for shipping charges.

h. Contractor will clean, sterilize and test returned Ventilator equipment and inform the COR of status of this equipment.

i. Cleaned and tested Ventilator equipment may be used for replacement of broken Ventilator or new starts at the request of the COR or beneficiary.

j. Emergency Services: Battery backup supply to last 3 times the response time to a call. If they are unable to respond to an emergency service call the contractor is responsible to make arrangements with another supplier to supply a ventilator. Contractor shall have a well-established communication system, providing 24 hour emergency services and the ability to provide services at the patients home with the maximum of 4 hours of a call. Most emergency services shall be provided within 2 hours of notification.

k. COR will authorize disposal of equipment deemed not usable.

19. Deliveries, Set-up, Assembly, Adjustment, and Instructions

a. The Contractor agrees to set-up, assemble, adjust, the Ventilator system, and instruct the beneficiary and/or caregiver in the use and care of the equipment. The Contractor shall provide instructions to the beneficiary and/or caregiver in the safe and appropriate use of equipment including basic home safety, storage, and handling of the involved equipment, required maintenance, electrical safety, whom to call in the event of an emergency, etc. Instructions to the beneficiary/caregiver shall include demonstrating the correct use and observing a return demonstration by the beneficiary/caregiver. Written and DVD/video instructions in layman's

Terms on use of ventilators and related supplies are to be provided to the beneficiary for ongoing reference in the home setting. Documentation of this demonstration signed by beneficiary/caregiver shall be sent to the Clinical COR within one workday of delivery or setup of services.

***This is not the same as issuing a replacement of what the patient already has. The contractor must have an LRT available to provide this service. ***

b. Equipment shall be set-up in the area of the beneficiary’s preference provided this area meets the safety requirements for the equipment. Contractor shall adequately prepare the site in the beneficiary's home and shall assemble equipment in a condition to be used. Documentation of the suitability of beneficiary's home shall be provided along with demonstration documentation.

c. The Contractor shall check the safety of the electrical outlets in the beneficiary's home prior to installing any electrical item. Electrical outlets shall be inspected and tested to ensure that ground is present and the outlet is in good physical condition. If any outlet is not grounded, a 3-prong plug adapter will be provided, installed and retested by the Contractor. Any unsafe electrical conditions will be immediately reported to the COR by phone from the beneficiary's residence and the equipment will not be installed or left. The COR will provide instructions on how to proceed.

d. Proof of Identification: Contractor's personnel shall bear identification when providing services or making deliveries to beneficiary's homes. Such identification will show the company name, employee's name and the employee's picture.

e. Deliveries in accordance with this section to the VA beneficiaries' place of residence or other authorized location shall be Free on Board (FOB) destination, within consignee's premises, pursuant to FAR Clause 52.247-35. Contractor may be requested to deliver Ventilator to the local VA Healthcare System location.

f. Same day deliveries may be requested on an emergency basis as determined by the COR.

Ventilator equipment sha11 be delivered before 8:00 p.m., provided that the contractor is afforded a four-hour notice. The Contractor shall invoice under item #9 in accordance with the Schedule of Supplies/Service and Cost/Price.

20. Interaction between Contractor Personnel and VA Beneficiaries

The VA beneficiaries serviced by this contract may have significant physical disabilities or chronic illnesses that influence their behavior and lifestyle. It is of the utmost importance that a high degree of sensitivity and professionalism be demonstrated when VA beneficiary/caregiver contact is made. The Contractor is expected to be discreet and tactful, and to demonstrate concern, compassion, and patience. The VA reserves the right to remove any Contractor employee from the performance of service under this contract if their behavior and the level of service provided are not in accordance with the specifications and requirements contained herein. All Communicable diseases will be reported to appropriate local and state agencies, and directly to the VA Infection Control Nurse.

21. Licensed respiratory Therapist (LRT)

a. Licensed Respiratory Therapist (LRT) refers to both Registered Respiratory Therapist (RRT) and

Certified Respiratory Therapist (CRT). Registered Respiratory Therapists (RRT) is the preferred licensure for this contract. However, Certified Respiratory Therapists (CRT) may be considered as long as the CRT's competencies specific to home ventilation is documented and maintained current throughout the life of this contract. A Licensed Respiratory Therapist (LRT) must be on staff to make home visits to VA beneficiaries on Ventilators. The respiratory therapist service called for in this contract shall be provided to the VA by a LRT who is licensed to practice in the VISN 23 service area or a Registered Nurse as long as the RN has completed orientation, contractor provided training, competencies and oversight is maintained at all times.

b. COR may request LRT visit to document beneficiary's adherence to and understanding of

Ventilator treatment. LRT shall visit beneficiary within two business days of initial request, and provide a written report of the visit within 24 hours or the next business day.

c. LRT shall maintain licensure throughout the performance of the resulting contract.

22. Contractor Furnished Supplies

a. The contractor shall have on stock supplies available for issuing or mailing out. All items of supplies provided by the Contractor shall be approved, in writing by the COR. In the event that the contractor issues a non-approved supply item, the Government is not obligated to pay for such item. The COR shall provide in writing prior to contract start a compiled list of approved supplies and/or manufacturers.

b. The Contactor shall take phone orders for issued replacement supplies. Those orders shall be placed by either the COR or directly from the patient. Contractor shall monitor order frequency and report excessive orders to the COR.

23. Re-issuing of Contractor or Government Furnished Supplies

The contractor shall be required to mail out or issue supplies when requested by the VA beneficiary or COR. Replacement supplies mailed out shall be filled the same day and delivered no later than two

(2) days after the initial order was placed. VA Beneficiaries or the COR may telephonically request supplies to be re-issued and picked-up at the contractor's facility. The contractor shall be prepared to issue replacement supplies within 48 hours after initial order is placed.

24. Contractor's Facility

The contractor's facility shall meet the requirements of the solicitation as it relates to storage and provides a proper area for providing instructions to VA beneficiaries. The contractor's facility shall provide an environment that is safe and secure for VA beneficiaries seeking services required under this contract. The contractor's facility shall be accessible for persons with disabilities, and be representative of the VA's good image in appearance and safety. The Contractor shall have a facility within close proximity of each VA Healthcare System, preferably within 30 miles. The address for each Healthcare System is located in the Schedule of Supplies/Services.

25. Unusual Conditions

a. The Contractor is required to notify the appropriate COR immediately if any of the following unusual conditions are known to exist concerning the beneficiary. Contractors shall furnish written documentation of the safety hazard to the COR within five (5) business days of the incident.

(1) Change in Address

(2) Excessive abuse of equipment

(3) Request for additional equipment or accessories without the consent of the VA COR, or for any change in the original prescription

(4) The contractor shall notify the COR during the home visit if contractor determines the presence of a ventilator in the home, presents such a danger that the ventilator must be removed, or upon an initial setup the ventilator not be placed in the home.

(5) Contractor shall verbally notify the COR by the next business day of any unsafe condition observed in the patient’s home that preclude the installation or continuance of ventilator service. Unsafe conditions may include but are not limited to fire safety hazards, patient abuse by family or caregivers, or any instance that places the patient or contract staff in immediate danger.

b. The COR will likewise notify the Contractor should the VA become aware of any unusual or unsafe conditions in the beneficiary's residence.

26. On-site Visits

The VA will perform a minimum of one (1) scheduled on-site visit of the Contractor's facility each quarter to inspect the facilities and review necessary documented records to monitor Contractor's compliance with the specifications of the contract. The Government reserves the right to conduct unscheduled, on-site visits of Contractor's facility at any time to visually inspect all Government-owned home medical equipment and to ensure Contractor's compliance with the contract. The Contractor agrees to make available all records and documentation necessary during any on-site visit.

27. Storage

a. The Contractor shall provide sufficient space for storage of VA owned Ventilators.

The stored equipment must be maintained safe, clean, dry and in an orderly arrangement to prevent damage and to facilitate periodic inventory inspections by VA officials. Storage space shall be separate and apart from all other Contractor owned equipment and supplies, and insured against loss or damage of contents.

b. The Contractor shall maintain and furnish a monthly inventory of all VA owned equipment and supplies stored by the Contractor to include status of condition. The contractor shall also provide an inventory of all items issued to and picked up from beneficiaries by beneficiary name, address, and date of delivery and serial number if applicable. The Contractor must maintain an adequate bookkeeping system that will be made available to VA personnel conducting inspections and verifying inventory of equipment storage facility. Contractor and COR will meet to agree with re-ordering points for all VA owned equipment and supplies. Contractor will immediately contact COR once an item has reached the re-ordering point to avoid depletion of

28. VA equipment or supplies.

a. Contractor shall have in place a process to assure that stored equipment is in good working order before delivery. All equipment must be labeled or tagged and dated to document such procedures.

b. Equipment shall be protected from the elements during storage and delivery. Clean and dirty equipment shall be separated from each other at all times and will be provided with protective covering during transport.

c. The delivery truck shall be clean at all times and is subject to unannounced inspection by the VA.

d. The Contractor shall have in place procedures for delivering, recovering, segregating, cleaning, and sterilizing equipment which is to be stored. Cleaning appropriate to the equipment and according to available manufacturer's instructions will be accomplished. Procedures must be in place for disposal of equipment.

29. Sanitizing

Contractor shall sanitize/sterilize all picked up equipment before it is placed in Contractor's storage for reissue. The Contractor shall comply with universal precautions and meet or exceed the companies accrediting agency standards in the cleaning of recovered equipment in the recovery, delivery and storage process, i.e., the Contractor shall wash in detergent/disinfectant solution, LPH or equivalent, label with tag indicating date of cleansing, return for storage in a non-contaminated storage area for future re-issuance. Contractor shall have in place cleaning or sterilization policy and procedures for equipment that has been used by beneficiaries with infectious disease.

30. Damaged Equipment Notification

Should Government owned equipment become damaged and the Veteran is unable to continue use and should there be no Government owned equipment available for replacement, the Contractor shall notify the Prosthetics COR immediately.

31. Equipment Recall

The Contractor is required to have in place an electronic system of notification of equipment hazards, defects and recalls, and shall maintain an effective plan and record of all recall actions. The Contractor shall notify the VA of any recalls initiated and those VA beneficiaries affected within five

(5) working days of receipt of recall notification. The VA will likewise notify the Contractor if notification of recall is received.

32. Conflict of interest

The Contractor shall not employ any person who is an employee of the United States Government if the employment of that person would create a conflict of interest. The Contractor shall not employ any person who is an employee of the Department of Veterans Affairs unless such person seeks and receives approval in accordance with VA Regulations and public law. Nor shall the Contractor employ any person who is a member of the immediate family of a VA employee employed at a local VA Healthcare System if the employment of that family member would create a conflict of interest or the appearance of a conflict of interest, particularly with regard to influencing the contract negotiations, terms of the contract or the work carried out under the contract. In any such case VA must review the matter and give its approval in accordance with agency ethics rules.

33. Post-Award Performance Conference

The Contracting Officer will schedule a post-award performance conference with the Contractor, if deemed necessary, for contract orientation purposes.

NATIONAL HOLIDAYS:

a. National holidays observed by the Federal Government:

New Year's Day, 1 January Martin Luther King's Birthday, 3rd Monday in January President’s Day, 3rd Monday in February Memorial Day, Last Monday in May Independence Day, 4 July Labor Day, 1st Monday in September Columbus Day, 2nd Monday in October Veterans Day, 11 November Thanksgiving Day, 4th Thursday in November Christmas Day, 25 December

If a holiday falls on Sunday, the following Monday will be observed as the National Holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a National Holiday by U.S.

Government agencies. Also included would be any day specifically declared by the President of the United States of America as a National Holiday.

B.3 PRICE/COST SCHEDULE

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QTY UNIT UNIT PRICE AMOUNT

0001 BASE ORDERING

PERIOD FOR

VENTILATOR

RENTAL

288 MO __________________ __________________

1001 ORDERING PERIOD 1

FOR VENTILATOR

317 MO __________________ __________________

2001 ORDERING PERIOD 2

348 MO __________________ __________________

3001 ORDERING PERIOD 3

383 MO __________________ __________________

4001 ORDERING PERIOD 4

422 MO __________________ __________________

GRAND TOTAL __________________

SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.1 52.216-18 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 Date of award through end of final ordering 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.2 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 $1,500.00, 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 $650,000.00;

(2) Any order for a combination of items in excess of $650,000.00; or

(3) A series of orders from the same ordering office within 365 days that together call for quantities exceeding the limitation in paragraph (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 5 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.3 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 30 days after expiration..

(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 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR

(APR 1984)

Funds are not presently available for performance under this contract beyond . The Government's obligation for performance of this contract beyond that date 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 , 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.

C.6 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.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

(a) Definitions. As used in this clause—

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

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity.

This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause.

Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).

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

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for—

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

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

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

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

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

(End of Clause)

C.8 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of . Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from.

(End of Clause)

C.9 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

(a) Supplies and equipment. Rejected goods will be held subject to Contractor’s order for not more than 15 days, after which the rejected merchandise will be returned to the Contractor’s address at the Contractor’s risk and expense. Expenses incident to the examination and testing of materials or supplies that have been rejected will be charged to the Contractor.

(b) Perishable supplies. The Contractor shall remove rejected perishable supplies within 48 hours after notice of rejection. Supplies determined to be unfit for human consumption will not be removed without permission of the local health authorities. Supplies not removed within the allowed time may be destroyed. The Department of Veterans Affairs will not be responsible for, nor pay for, products rejected.

The Contractor will be liable for costs incident to examination of rejected products.

(End of Clause)

C.10 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

FAR

Number

Title Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

APR 2014

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED

PAPER

MAY 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

JUL 2016

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS

OCT 2018

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

DEC 2013

52.237-3 CONTINUITY OF SERVICES JAN 1991

52.247-35 F.O.B. DESTINATION, WITHIN CONSIGNEE'S PREMISES APR 1984

(End of Addendum to 52.212-4)

C.11 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS

(OCT 2018)

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

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

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and…