36C26319Q0585-001.docx

36C26319Q0585

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

36C26319Q0585 Andrea Harter andrea.harter@va.gov 320-654-7616 05-14-2019

4:00 PM CT

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

Contract Officer 4801 Veterans Drive St. Cloud

MN

56303 X X 339112 1000 Employees N/A X Department of Veterans Affairs VA Medical Center (RM-90C) 4801 Veterans Drive Saint Cloud

MN

56303-2099

Department of Veterans Affairs Financial Service Center PO Box 149971 Austin

TX

78714 512-460-5540 See CONTINUATION Page Hill-Rom LIKO Overhead Lift Systems, Installation, and related supplies and services See attached Price/Cost Schedule **The government is not willing to accept Grey Market Items, see section E.1 for Additional Instructions to Offerors.

$0.00 See CONTINUATION Page 636-360160-1963-824200-3131 010034175 X Andrea Harter Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C263 Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

Contract Officer 4801 Veterans Drive St. Cloud MN 56303

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

3. INVOICES: Invoices shall be submitted in arrears:

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

Department of Veterans Affairs Financial Service Center PO Box 149971

Austin TX 78714 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

LIKO Ceiling-Mounted Bariatric Traverse Rail Patient Lift (1100 lbs Max Lifting Capacity); includes: (2) Likorall 250 Lift Motors (550 lbs Max Lifting Capacity ea), Wall Charging, 3.6m X 4.0m Rail Coverage, Lowered TR Carriers, and (12) Supports.

LOCAL STOCK NUMBER: REHAB GYM

LIKO Installation Services includes: Labor & Material to install LIKO Ceiling-Mounted Bariatric Traverse Rail Patient Lift, one mobilization to jobsite, and final weight testing and certification.

LOCAL STOCK NUMBER: REHAB GYM

Custom Engineering Services: Sealed Engineering Drawings and/or Calculations

LOCAL STOCK NUMBER: INSTALL

LIKO Ceiling-Mounted Standard Traverse Rail Re-Configuration (550 lbs Max Lifting Capacity); includes: Wall Charging, New Primary 3.0m Rails Coverage per Drawing, and (6) Supports. Existing Parts On-Site Secondary Rail, 550lbs Motor, Traverse Rail Carriers.

LOCAL STOCK NUMBER: DESIGN DRAWING

LIKO Ceiling-Mounted Re-Configure Traverse Rail Re-Configuration (550 lbs Max Lifting Capacity); includes: Add 3.0m Primary Rails to Exising System, and (4) Supports. Existing Parts On-Site: Primary & Secondary Rail, Wall Charging, 550lbs Motor, Traverse Rail Carriers.

LOCAL STOCK NUMBER: CATH LAB A

LIKO Installation Services includes: Labor & Material to install Physical Therapy Outpatient, one mobilization to jobsite, and final weight testing and certification.

Custom Engineering Services: Sealed Engineering Drawings and/or Calculations

LOCAL STOCK NUMBER: ENDOSCOPY 8305

LIKO Wall-Mounted Standard Traverse Rail Patient Lift (550 lbs Max Lifting Capacity); includes: (1) Likorall 250 Lift Motor (550 lbs Max Lifting Capacity), Wall Charging, 3.0m X 3.0m Rail Coverage, and Raised TR Carriers.

LIKO Installation Services includes: Labor & Material to install patient lift listed above, one mobilization to jobsite, and final weight testing and certification.

LOCAL STOCK NUMBER: INFUSION CLINIC

Custom Engineering Services: Sealed Engineering Drawings and/or Calculations

LOCAL STOCK NUMBER: PREOP #5

LIKO Ceiling-Mounted UltraTwist Traverse Rail Lift (1100 lbs Max Lifting Capacity); includes: (2) Likorall 250 Lift Motor (550 lbs ea Max Lifting Capacity), Wall Charging, Raised TR Carriers, and (6) Supports.

LIKO Installation Services includes: Labor & Material to install patient lift listed above, one mobilization to jobsite, and final weight testing and certification.

Custom Engineering Services: Sealed Engineering Drawings and/or Calculations

LIKO Ceiling-Mounted Standard Traverse Rail Patient Lift (550 lbs Max Lifting Capacity); includes: (1) Likorall 250 Lift Motor (550 lbs Max Lifting Capacity), Wall Charging, and 3.0m X 3.0m Rail Coverage.

LIKO Installation Services includes: Labor & Material to install patient lift listed above, one mobilization to jobsite, and final weight testing and certification.

Custom Engineering Services: Sealed Engineering Drawings and/or Calculations

B.3 DELIVERY SCHEDULE

4101 Woolworth Avenue Omaha, NE 68105 1850

USA

4101 Woolworth Avenue Omaha, NE 68105 1850

USA

4101 Woolworth Avenue Omaha, NE 68105 1850

USA

4101 Woolworth Avenue Omaha, NE 68105 1850

USA

4101 Woolworth Avenue Omaha, NE 68105 1850

USA

4101 Woolworth Avenue Omaha, NE 68105 1850

USA

4101 Woolworth Avenue Omaha, NE 68105 1850

USA

4101 Woolworth Avenue Omaha, NE 68105 1850

USA

4101 Woolworth Avenue Omaha, NE 68105 1850

USA

4101 Woolworth Avenue Omaha, NE 68105 1850

USA

4101 Woolworth Avenue Omaha, NE 68105 1850

USA

4101 Woolworth Avenue Omaha, NE 68105 1850

USA

4101 Woolworth Avenue Omaha, NE 68105 1850

USA

4101 Woolworth Avenue Omaha, NE 68105 1850

USA

4101 Woolworth Avenue Omaha, NE 68105 1850

USA

4101 Woolworth Avenue Omaha, NE 68105 1850

USA

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B.4 STATEMENT OF WORK

1. General:

1.1. The Contractor will provide all labor and materials to provide and install patient lifts in the quantity and locations as indicated in Section 15 of this Statement of Work.

1.2. The Contractor shall provide independent third party certification that each intended lift installation location is structurally sound and suitable for the intended installation method. This certification shall include structural design drawings for each installation location signed and sealed by a Professional Structural Engineer not employed by the Contractor except as an independent consultant, registered with a current Professional Engineer license in at least one of the 50 states of the United States.

1.3. Quality Assurance

1.3.1. The Contractor shall verify each desired installation location is suitable for the intended lift installation, including, but not limited to, verifying suitability of room dimensions, required clearances, and that existing equipment or utilities do not prohibit installation of the lift(s) in each desired location. The Government shall not be responsible for additional installation costs incurred or for the cost of equipment unable to be installed as a result of inadequate site investigation by the Contractor.

1.3.2. Inspection of equipment after installation is required prior to use for patient movement. Inspection shall be in accordance with manufacturer’s installation checklist and the facilities installation checklist (Patient Safety Alert AL14-07).

1.3.3. Documentation shall include detailed descriptions of items in the “After Installation Checklist” for Ceiling Mounted Patient Lifts from Patient Safety Alert 14-07, the scheduled and unscheduled maintenance procedures performed, including replaced parts and prices required to maintain the equipment in accordance with performance requirements.

1.4. Submittals

1.4.1. Submit in accordance with VA Master Specification Section 01 33 23, SHOP DRAWINGS, PRODUCT DATA AND SAMPLES.

1.4.2. Certificates of Compliance

1.4.2.1. Manufacturer's Literature and Data:

1.4.2.2. Lifting Capacity

1.4.2.3. Lifting Speed

1.4.3.

1.4.3.1. Horizontal Displacement Speeds

1.4.3.2. Horizontal Axis Motor

1.4.3.3. Vertical Axis Motor

1.4.3.4. Emergency Brake

1.4.3.5. Emergency Lowering Device

1.4.3.6. Emergency Stopping Device

1.4.3.7. Electronic Soft-Start and Soft-Stop Motor Control

1.4.3.8. Current Limiter for Circuit Protection

1.4.3.9. Low Battery Disconnect System

1.4.3.10. Strap Length

1.4.3.11. All equipment anchors and supports. Submittals shall include weights, dimensions, center of gravity, standard connections, manufacturer's recommendations and behavior problems (e.g., vibration, thermal expansion,) associated with equipment or piping so that the proposed installation can be properly reviewed.

1.4.4. Individual Room layouts showing location of lift system installation shall be approved by NWIHCS representatives from SPHM Facility Champion and Engineering before proceeding with installation of lifts.

1.4.5. Manufacturer’s Checklist for after installation inspection.

After Installation Checklist for Ceiling Mounted Patient Lifts

1.5. Contractor shall be responsible for all facility alterations and repairs necessary for a complete and usable installation. If facility modifications are required, the contractor will obtain the Chief Engineer’s approval before starting any modification.

1.6. The Contractor shall ensure the equipment; materials and installation adhere to the publications listed below to the extent referenced. The publications are listed in the text by the basic designation only.

International Organization for Standardization (IOS):

10535-06 Hoist for the Transfer of Disabled Persons-Requirements and Test Methods Underwriters Laboratories (UL):

International Electromagnetic Commission (IEC):

801-2(1991) Electromagnetic Compatibility for Industrial-Process Measurement and Control Equipment-Part 2: Electromagnetic Discharge Requirements Patient Safety Alert 14-07: Ceiling Mounted Patient Lift Installations National Fire Protection Agency (NFPA) NFPA 99. All applicable standards

2. Products:

2.1. The Ceiling Track shall be made from high strength extruded aluminum T66081-T5 at a thickness of 3/16” (4.8mm). Provide anchor supports as specified by manufacturer for the specific required ceiling condition and required load.

2.2. Lift unit shall be constructed of a steel frame system (2205lbs / 1000kg tested) driven by a gear reduced high torque motor

2.3. The Lift system shall have the following features.

2.4. Lift Motors/Vertical Movement-DC Motor

2.5. Lift Motors/Horizontal Movement-DC Motor

2.6. Lift Batteries

2.7. Chargers

2.7.1. Charger Input: 100-240 Vac, 50/60 Hz.

2.7.2. Charger Output: 27 Vdc, 1 A max.

2.7.3. Supplemental to the charger provide a clip on charging station with indicator lights.

2.8. Straps and Slings

2.8.1. The straps shall ensure the patient’s safety by preventing the patient from falling out of the sling.

2.8.2. The sling shall be made from a material that is pliable, breathable and easy to use. The sling shall cradle the body of the patient.

3. Execution

3.1. Installation

3.1.1. Contractor will install overhead mounted patient lift system as per manufacturer's instruction and under the supervision of manufacturer's qualified representative and as shown on drawings. If the distance in between the suspended ceiling and anchors is more than 18” consult with manufacturer to determine if lateral braces will be required.

3.1.2. If the distance in between the suspended ceiling and anchors is more than 18” consult with manufacturer to determine if lateral braces will be required.

3.2. Instructions and Personnel Training

3.2.1. Training shall be provided for the required personnel to educate them on proper operation and maintenance for the lift system equipment.

3.3. Tests

3.3.1. Contractor will conduct performance test, in the presence of the Resident Engineer, Biomedical Engineering representative and a manufacturer's field representative, to show that the patient lift system equipment and control devices operate properly and in accordance with design and specification requirements.

3.4. Inspections

3.4.1. Refer to manufacturer’s specific model and specifications to verify all location information, including minimum clearances for operation are compliant.

3.4.2. Manufacturer information, including model and serial number(s).

3.4.3. Confirm receipt of operator and maintenance manuals.

3.4.4. Verification of proper connections of structural system to the building’s structure including seismic bracing if applicable.

3.4.5. Verification of proper structural component sizing and physical installation to make sure that proper structural system and size is in place and properly installed to support the lift.

3.4.6. Verification of proper interface of lift unit at ceiling (hard deck or soft tile) and proper installation of all protective features around the support rods and rails/tracks.

3.4.7. Inspection of lift motor casing for cracks and alignment.

3.4.8. Full extension and inspection of lift strap for loose threads or frays.

3.4.9. Inspection of spreader bar and clips for cracks and for loose or missing rings or cotter pins.

3.4.10. Verification that all rail end stops are in place and tightened.

3.4.11. Inspection and activation of hand control for full operation (e.g., up, down, left, right) and “return to charge” function if applicable.

3.4.12. Inspection and activation of emergency up/down motor case control buttons if applicable.

3.4.13. Confirm any and all motor case indicator lights are functioning (e.g., red service warning light, charging state light).

3.4.14. If included in installation, verify rail turntable function, exchanger function, and gate alignment.

3.4.17. Verification of load testing and deflection testing at lift listed maximum for each lift unit at its maximum rated lift capacity. Conduct this test per manufacturer’s instructions and in accordance with Patient Safety Alert 14-07 to 100% of maximum rated lift capacity.

3.4.18. Verification of any “soft start” and “soft stop” features and that lifting speed does not exceed 1.5 inches per second under maximum rated lift capacity.

3.4.19. Verification of function of emergency brake at maximum rated lift capacity.

3.4.20. Verification of emergency lowering feature at maximum rated lift capacity.

3.4.21. Inspection of units by Contracting Officer’s Representative (COR: Maintenance & Repairs, Facilities Engineering Services, Biomedical Engineering, or Safety) prior to release of lift(s) to clinical use.

3.4.22. Training of clinicians and other staff who move and handle patients on the use of patient handling equipment is accomplished by the manufacturer or their designated representative. Training is documented

3.5. Any changes must be approved in writing by the CO through the COR before service/work is started.

4. Security:

4.1. The contractor shall not connect any storage device into a VHA owned equipment that is connected to the network without prior written approval and after having the device scanned by a VA approved computer with appropriate virus detection software.

4.2. VHA BESS personnel will ensure no patient data is removed from the facility by the vendor by maintaining a physical presence during all work.

5. Definitions/Acronyms

5.1. NWIHCS - Nebraska Western Iowa Health Care System. Consists of 3 main campuses: Omaha 4101 Woolworth Ave, Omaha NE 68105 (ph 402.995.3040); Grand Island 2201 N Broadwell Ave, Grand Island NE 68803 (308-382-3660 ext 2491); and Lincoln 600 South 70th, Lincoln NE 68510 (ph 402.489.3802 ext 6437) and associated CBOCS (Bellevue, Norfolk, Holdrege, North Platte Nebraska and Shenandoah IA CBOCs

5.2. Contracting Officer, VA Network 23 Contracting Office (NCO 23), 4801 Veterans Drive, Bldg11, Rm 201, Saint Cloud, MN 56303

5.3. fPOC – Facility Point of Contact

5.4. IAW – In Accordance With

5.5. FSE – Field Service Engineer. A person who is authorized by the contractor

5.6. ESR – Vendor Engineering Service Report. A documentation of the services rendered for each incidence of work performance under the terms and conditions of the contract.

5.7. Acceptance Signature – Signature of VA Omaha employee who indicates FSE demonstrated service conclusion/status and user has accepted work as complete/pending as stated in ESR.

5.8. Authorization Signature – COR’s signature; indicates COR accepts work status as stated in ESR.

5.9. OSHA – Occupational Safety and Health Administration.

5.10. BESS — Biomedical Equipment Support Specialist. VA employee responsible vendor coordination of maintenance for VA owned medical equipment.

6. Hours of Coverage:

6.1. Installation: Dates and hours of installation shall be determined by NWIHCS representative in consideration of room use and occupancy. Expect that some, if not all, lift systems will require non-business hours (Mon-Fri; 0730-1530) installation to minimize negative impact to patient care or access to care.

6.2. Federal holidays observed by VA Omaha are:

and any other day specifically designated by the President of the United States.

7. Reporting Requirements:

7.1. Upon arrival at VA Omaha the contractor shall be required to log in with Biomed in room B556 in Omaha. This log in is mandatory as well as wearing the contractor badge issued upon log in.

7.2. When service is completed, the FSE shall document services rendered on a legible ESR(s) and submit to the BESS who set-up the service. The ESR can be submitted when logging out with Biomed, via an internet web site or e-mail. ESRs should be submitted not later than 5 business days after service is complete.

7.3. In those cases when the Biomed office is closed, contractor personnel will log in and/or out via the VA police and after hours service shall be prearranged with the BESS.

8. Services Beyond the Contract Scope:

8.1. Contractor shall immediately, but not later than 24 consecutive hours after discovery, notify the CO and COR, (in writing), of the existence of the development of any defects in, or repairs required to, the scheduled equipment which the contractor considers he/she is not responsible for under the terms of the contract.

9. Contactor shall furnish the COR with a written estimate of the cost to make necessary repairs. Condition of Equipment:

9.1. The contractor accepts responsibility for the equipment described in “as is” condition.

Failure to inspect the equipment prior to contract award shall not relieve the contractor from performance of the requirements of this contract.

10. Test Equipment:

10.1. Test equipment calibration shall be traceable to National Institutes of Standard Technology standards.

11. Identification, Parking, Smoking, and VA Regulations:

11.1. Contractor’s FSE(s) shall obtain a VA issued photo identification badge.

11.2. It is the responsibility of the contractor to park in the appropriate designated parking areas. Information on parking is available from VA Police Service. VA will not invalidate or make reimbursement for parking violations of the contractor under any conditions.

11.3. Smoking is prohibited inside all VA buildings and only allowed in designated areas outside.

11.4. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search.

11.4. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state or municipal court.

12. Contractor Qualifications:

12.1. Contractor must have full time staff that is “fully qualified” FSE and a “fully qualified” FSE who will serve as the backup for the equipment identified in this solicitation.

12.2. “Fully qualified” is based upon training and on experience in the field. For training, the FSE(s) has successfully completed a formalized training program for the equipment identified in this solicitation as required by the manufacturer.

12.3. Contractor must provide, upon request, evidence of appropriate training of any FSE(s) providing services under terms of the contract. Subcontracting of any ensuing award of this solicitation will not be allowed without written permission of the Contracting Officer.

13. Payment:

13.1. Payment for the Structural Engineering Evaluation will be made once submitted to NWIHCS Engineering and NWIHCS Engineering validates the report.

13.2. Payment for the lift components and installation of lift systems will be made once the post-installation inspections are complete and all systems have passed inspection.

14. Delivery and Storage of goods:

14.2. Contractor will need to receive lift components at off-site storage location.

15. Installation Locations: Omaha, building one

Page 1 of

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 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

(End of Clause)

C.2 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.3 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes the clause: 852.215-70 Service-disabled veteran-owned and veteran-owned small business evaluation factors. Accordingly, any contract resulting from this solicitation will include the clause 852.215-71 Evaluation factor commitments.

(b) The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) to assist in assessing Contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the Contractor's business records or other proprietary data to review such business records regarding contract compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor compliance with the subcontracting commitments.

(End of Clause)

C.4 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.5 VAAR 852.211-70 EQUIPMENT OPERATION AND MAINTENANCE 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) ALL. 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.6 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) (End of Addendum to 52.212-4)

C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2019)

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

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

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

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(4) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

[] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

[] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved] [] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note).

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

[] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

[] (ii) Alternate I (NOV 2011) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (JAN 2011) of 52.219-4.

[] (13) [Reserved] [] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

[X] (ii) Alternate I (NOV 2011).

[] (iii) Alternate II (NOV 2011).

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

[] (ii) Alternate I (Oct 1995) of 52.219-7.

[] (iii) Alternate II (Mar 2004) of 52.219-7.

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

[] (17)(i) 52.219-9, Small Business Subcontracting Plan (AUG 2018) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (JAN 2017) of 52.219-9.

[] (v) Alternate IV (AUG 2018) of 52.219-9.

[] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[] (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

[X] (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C 632(a)(2)).

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (DEC 2015) (15 U.S.C. 637(m)).

[] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) (15 U.S.C. 637(m)).

[] (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[X] (26) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2018) (E.O. 13126).

[X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (28)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (ii) Alternate I (FEB 1999) of 52.222-26.

[] (29)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

[] (ii) Alternate I (JULY 2014) of 52.222-35.

[X] (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

[] (ii) Alternate I (JULY 2014) of 52.222-36.

[] (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

[] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (33)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[] (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[] (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[] (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (OCT 2015) of 52.223-13.

[] (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-14.

[] (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b).

[] (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [] (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (44) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[] (45) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[] (ii) Alternate I (JAN 2017) of 52.224-3.

[] (46) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).

[] (47)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate I (MAY 2014) of 52.225-3.

[X] (iii) Alternate II (MAY 2014) of 52.225-3.

[] (iv) Alternate III (MAY 2014) of 52.225-3.

[] (48) 52.225–5, Trade Agreements (AUG 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (50) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[] (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[] (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (54) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

[] (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[] (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (58) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[] (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

[] (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

[] (ii) Alternate I (Apr 2003) of 52.247-64.

[] (iii) Alternate II (FEB 2006) of 52.247-64.

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

[] (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).

[] (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[] (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

[] (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

[] (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

(ii) 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.