36C26321Q0819 Solicitation Document.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 60

636-22-1-2301-0001

36C26321Q0819 09-08-2021

John Becker 605-336-3230 x7960 09-15-2021

3:00PM CDT

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

2501 W. 22nd St.

Sioux Falls SD 57105

John Becker, 605-336-3230 x7960 john.becker3@va.gov

X

811219

$22 Million

N/A

X

Nebraska Western Iowa Health Care System

4101 Woolworth Ave

Omaha NE 68105

NETWORK 23 CONTRACTING OFFICE

2501 W. 22nd St.

Sioux Falls SD 57105

Tungsten Electronic Invoicing

VA Tungsten Number: AAA544240062

Refer to VAAR Clause 852.232.72

See CONTINUATION Page

SERVICE AGREEMENT FOR BECKMAN COULTER INSTRUMENTS

to support the Nebraska Western Iowa Health Care System, Omaha VA Health Care System, located at 4101 Woolworth Ave, Omaha NE 68105. See Statement of Work and Price Cost

Schedule for exact equipment.

Period of Performance:

Base Period: 10/1/2021 to 8/31/2022

Option Period 1: 9/1/2022 to 8/31/2023

Option Period 2: 9/1/2023 to 8/31/2024

Option Period 3: 9/1/2024 to 8/31/2025

Option Period 4: 9/1/2025 to 8/31/2026

Exempt from Service Contract Act Wage Determination; see

FAR Clause 52.222-51 to certify exemption

All offerors shall be verified in the System for Award

Management (SAM) at the time of submission of offer and prior to award. https://sam.gov/

Review FAR 52.212-1 Instructions to Offerors

Review FAR 52.212-2 Evaluation Factors

Evaluation of Offers: Lowest Price Technically Acceptable

See CONTINUATION Page

636-3620160-2301-822300-2520-010055543

636-22-1-2301-0001

X X

X one1

John Becker

VA-VHA-2020-BEE57D1B

36C26321Q0819

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 PRICE/COST SCHEDULE

B.3 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

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

2018)

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

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...22

C.5 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

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

C.7 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)

C.8 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.9 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021) (JUL 2020)

(DEVIATION)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 RECORDS MANAGEMENT OBLIGATIONS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JUL 2021) 37

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

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

E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (FEB 2021) (JUL 2020) (DEVIATION)

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:

Business Name:

DUNS Number:

Contact Person:

Email:

Phone:

b. GOVERNMENT: Contracting Officer

Name: John Becker, Contracting Officer

Email: John.becker3@va.gov

Phone: 605-336-3230 ext 7960

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

3. INVOICES: Invoices shall be submitted in arrears:

Other [Upon Completion of Service]

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.

Tungsten Electronic Invoicing VA Tungsten Number: AAA544240062 va.registration@tungsten-network.com Refer to VAAR Clause 852.232-72

5. INVOICING: All invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission.

Please go to this website: http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

More information on the VA Financial Services Center is available at http://www.fsc.va.gov/einvoice.asp.

mailto:John.becker3@va.gov http://www.tungsten-network.com/US/en/veterans-affairs/ http://www.fsc.va.gov/einvoice.asp

Vendor e-Invoice Set-Up Information:

Please contact the phone numbers or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have question about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below:

• e-Invoice Setup Information:

• e-Invoice email:

• FSC e-Invoice Contact Information:

• FSC e-invoice email: vafsccshd@va.gov Tungsten e-Invoice set-up information: 877-489-6135 Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com FSC e-Invoice Contact Information: 877-353-9791 FSC e-Invoice email: vafsccshd@va.gov More information on the FSC electronic invoicing process can be found at http://www.fsc.va.gov/einvoice.asp.

6. VA ISSUED BADGE: Contract employees may be required to obtain a VA Identification Badge. Determination of badging will be made by the Iowa City VA Health Care System Technical Representative.

7. COVID RELATED FACILITY ENTRANCE PROCEDURES: Contract employees may be subject to COVID-related facility entrance procedures which includes testing and wearing appropriate face covering. Additional details will be provided by the VA Facility Technical Representative.

8. CONTRACTOR ATTIRE AND IDENTIFICATION. The Contractor shall wear industry clothing that enables easy recognition as a “Contract Employee.” Clothing shall present a neat, distinctive appearance; shall be clean and maintained in good repair; and shall be worn as designed by the manufacturer. The Contractor shall wear appropriate clothing with logo identifying the contractor’s and employee’s name. The Contractor’s attire and presentation shall be appropriate per industry standard.

9. EMERGENCY PROCEDURES. The Contractor shall take such safety precautions as necessary to protect the lives and health of occupants of the buildings. The Contractor shall comply with applicable Federal, State, Local and facility safety and fire regulations and codes which are in effect at the beginning of the contract period. The Contractor shall keep abreast of and comply with changes in these regulations and codes applicable to the contract. The Contractor shall follow applicable facility policies concerning fire and/or disaster events. The Contractor shall display approved warning devices in all areas where operations may cause traffic obstruction or personnel hazard.

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

AMENDMENT NO DATE

mailto:vafsccshd@va.gov

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 YR __________________ __________________

FINAL ASSY, PREP PLUS 2

SERIAL # 1810008030

Instrument # 56941542 Scheduled PMs: 2

AGREEMENT INCLUDES ONE (1) PM AND ONE (1) HEALTH CHECK PER

AGREEMENT YEAR

Contract Period: Base POP Begin: 10-01-2021 POP End: 08-31-2022

TN,NAVIOS EX 10 COLORS/3 LASERS

SERIAL # BB32629

Instrument # 54089034 Scheduled PMs: 2

AGREEMENT INCLUDES ONE (1) PM AND ONE (1) HEALTH CHECK PER

AGREEMENT YEAR

Contract Period: Base

TQ-PREP WORKSTATION 100-240 VA

SERIAL # BB30072

Instrument # 53967041 Scheduled PMs: 2

AGREEMENT INCLUDES ONE (1) PM AND ONE (1) HEALTH CHECK PER

AGREEMENT YEAR

Contract Period: Base

BASE PERIOD COST __________________

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES

QUANTITY UNIT UNIT PRICE AMOUNT

SERIAL # 1810008030

Instrument # 56941542 Scheduled PMs: 2

AGREEMENT INCLUDES ONE (1) PM AND ONE (1) HEALTH CHECK PER

AGREEMENT YEAR

Contract Period: Option 1 POP Begin: 09-01-2022 POP End: 08-31-2023

SERIAL # BB32629

Instrument # 54089034 Scheduled PMs: 2

AGREEMENT INCLUDES ONE (1) PM AND ONE (1) HEALTH CHECK PER

AGREEMENT YEAR

Contract Period: Option 1

SERIAL # BB30072

Instrument # 53967041 Scheduled PMs: 2

AGREEMENT INCLUDES ONE (1) PM AND ONE (1) HEALTH CHECK PER

AGREEMENT YEAR

Contract Period: Option 1

OPTION PERIOD COST __________________

DESCRIPTION OF

SUPPLIES/SERVICES

SERIAL # 1810008030

Instrument # 56941542 Scheduled PMs: 2

AGREEMENT INCLUDES ONE (1) PM AND ONE (1) HEALTH CHECK PER

AGREEMENT YEAR

Contract Period: Option 2 POP Begin: 09-01-2023 POP End: 08-31-2024

SERIAL # BB32629

Instrument # 54089034 Scheduled PMs: 2

AGREEMENT INCLUDES ONE (1) PM AND ONE (1) HEALTH CHECK PER

AGREEMENT YEAR

Contract Period: Option 2

SERIAL # BB30072

Instrument # 53967041 Scheduled PMs: 2

AGREEMENT INCLUDES ONE (1) PM AND ONE (1) HEALTH CHECK PER

AGREEMENT YEAR

Contract Period: Option 2

DESCRIPTION OF

SUPPLIES/SERVICES

SERIAL # 1810008030

Instrument # 56941542 Scheduled PMs: 2

AGREEMENT INCLUDES ONE (1) PM AND ONE (1) HEALTH CHECK PER

AGREEMENT YEAR

Contract Period: Option 3 POP Begin: 09-01-2024 POP End: 08-31-2025

SERIAL # BB32629

Instrument # 54089034 Scheduled PMs: 2

AGREEMENT INCLUDES ONE (1) PM AND ONE (1) HEALTH CHECK PER

AGREEMENT YEAR

Contract Period: Option 3

SERIAL # BB30072

Instrument # 53967041 Scheduled PMs: 2

AGREEMENT INCLUDES ONE (1) PM AND ONE (1) HEALTH CHECK PER

AGREEMENT YEAR

Contract Period: Option 3

DESCRIPTION OF

SUPPLIES/SERVICES

SERIAL # 1810008030

Instrument # 56941542 Scheduled PMs: 2

AGREEMENT INCLUDES ONE (1) PM AND ONE (1) HEALTH CHECK PER

AGREEMENT YEAR

Contract Period: Option 4 POP Begin: 09-01-2025 POP End: 08-31-2026

SERIAL # BB32629

Instrument # 54089034 Scheduled PMs: 2

AGREEMENT INCLUDES ONE (1) PM AND ONE (1) HEALTH CHECK PER

AGREEMENT YEAR

Contract Period: Option 4

SERIAL # BB30072

Instrument # 53967041 Scheduled PMs: 2

AGREEMENT INCLUDES ONE (1) PM AND ONE (1) HEALTH CHECK PER

AGREEMENT YEAR

Contract Period: Option 4

TOTAL PRICING

BASE PERIOD $

OPTION PERIOD 1 $

OPTION PERIOD 2 $

OPTION PERIOD 3 $

OPTION PERIOD 4 $

TOTAL CONTRACT VALUE: $

B.3 STATEMENT OF WORK

SERVICE AGREEMENT FOR BECKMAN COULTER EQUIPMENT

1. Scope of Work:

1.1. The contractor will furnish all labor, transportation, parts, test equipment, tools, and expertise necessary to maintain the Beckman Coulter Flow Cytometry System located at the

Omaha VA Hospital. The vendor shall provide the following coverages on the system:

scheduled preventative maintenance as according to the manufacturers specifications and on-site support for all 3 machines that make up the Flow Cytometry System. The vendor shall have the ability to apply all Beckman Coulter Field Change Orders to ensure the system is maintained to manufacturer’s standards to include software and quality updates. The vendor shall provide all coverages and benefits normally given in their commercial service and support agreements.

1.2. The medical equipment covered by this contract may contain electronic patient health information (EPHI). The vendor shall not remove/copy/delete any of the EPHI. If a computer hard drive needs to be replaced, the old hard drive must be turned-in to biomedical engineering for destruction. The vendor will not receive compensation for the hard drive. The contractor, their personnel, and their subcontractors shall be subject to the federal laws, regulations, standards, and VA Directives and Handbooks regarding information and information system security as delineated in this contract.

1.3. Normal service requirements under this contract consist of scheduled preventive maintenance inspections, adjustments and repairs, as specified herein, along with scheduled contractor maintenance in response to service calls made by the Omaha VA to the contractor due to a partial or complete system or subsystem failure which requires the contractor to respond within a specified time frame to make needed repairs/adjustments to the system.

2. Equipment:

2.1. The equipment to be serviced/maintained includes: Navios Ex 10 Colors/3 Lasers, TQ-

Prep Workstation, and Prep Plus 2.

Equipment Serial #

Navios Ex 10 Colors/3 Lasers BB32629

Prep Plus 2 1810008030

TQ-Prep Workstation BB30072

3. Definitions/Acronyms:

3.1. VANWIHCS - Veterans Administration Nebraska Western Iowa Health Care System-

Biomedical Engineering Supervisor or designee, telephone number 402-346-8800 ext 3040.

Omaha Campus: 4101 Woolworth Ave, Omaha NE 68105.

3.2. CO – Contracting Officer, VA Omaha/Purchasing and Contracting Division, Bldg C, telephone number 402 346-8800 ext 4505.

3.3. COR – Contracting Officer’s Representative.

3.4. FSE – Field Service Engineer

3.5. FSR – Field Service Report. A documentation of the services rendered for each incidence of work performance under the terms and conditions of the contract.

3.6. ESR – Equipment Service Report

3.7. BESS – Biomedical Equipment Support Specialist3

3.8. OEM - Original Equipment Manufacturer

3.9. PM – Preventative Maintenance

3.10. Federal Record - as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States

Government or because of the informational value of data in them.

includes Department of Veteran Affairs records.

does not include personal materials.

applies to records created, received, or maintained by Contractors pursuant to their

Department of Veteran Affairs contract.

may include deliverables and documentation associated with deliverables.

4. Conformance Standards:

4.1. Contract service shall ensure that the equipment/system functions in conformance with the latest published edition of NFPA-99, OSHA, manufacturer’s Network Equipment/System.

Upgrades/updates shall be installed in strict accordance with manufacturer’s specifications and must operate within manufacturer’s specifications and must operate within manufacturer’s specified parameters.

5. Hours of Coverage:

5.1. The contractor will respond by phone at no additional charge, within the normal business hours (8:00 AM to 4:00 PM (CST) M-F).

5.2. All scheduled service/repairs shall be performed during these normal hours of coverage unless one of the following conditions exist:

The contractor wishes to perform such maintenance at a time that is outside of the normal hours of coverage, at no additional cost to the Government, and the contractor submits a request to the COR prior to the proposed start of the maintenance and the request is approved by the COR before work is begun.

The COR directs that the scheduled maintenance be performed at a time that is outside the normal hours of coverage and the additional cost is recommended by the COR and authorized by the CO.

5.3. Scheduled maintenance shall be performed in accordance at the manufacturer’s recommended intervals and should be scheduled/completed during the month the VA requests. Changes in this periodicity will occur only when approval is granted by the COR and CO.

5.4. Scheduling for unscheduled maintenance requirements outside of normal hours shall be coordinated with and require the approval of the COR.

5.5. The Omaha VA observes Federal holidays.

6. Unscheduled Maintenance:

6.1. Contractor shall maintain the equipment in accordance with manufacturer’s standards.

6.2. The contractor shall provide repair service, which may consist of calibration, cleaning, oiling, adjusting, replacing parts, and installing parts.

6.3. All parts will be covered in this agreement.

6.4. The Contracting Officer, COR and designated Alternate have the authority to approve/request a service call from the contractor.

6.5. Response time:

Contractor’s FSE shall respond by phone during normal business hours or within (30) minutes after normal business hours.

If the problem cannot be corrected by phone or by remote diagnostics the contractor will dispatch a technician. The technician shall be certified by the OEM. The technician shall arrive for on-site repairs within two (2) business days.

7. Scheduled Maintenance:

7.1. Contractor shall perform PM service to ensure that equipment listed in the schedule performs in accordance with the manufacturer's recommendations as published in the

Manufacturer’s Maintenance Manuals for the system.

7.2. Contractor shall provide and utilize procedures and checklists with worksheet originals indicating work performed and actual values obtained (as applicable) provided to the COR at the completion of the PM.

7.3. PM services shall include, but need not be limited to, the following:

Cleaning of equipment to include filters, gearing, and other parts.

Reviewing operating system software diagnostics to ensure that the system is operating as specified by the manufacturer’s specifications.

Calibrating and lubricating the equipment.

Performing remedial maintenance of non-emergent nature.

Performing electrical safety inspection IAW NFPA 99.

8. Parts:

8.1. The Contractor will provide all replacement parts needed to keep the system in operating condition as originally designed by the manufacturer.

8.2. Parts may be repaired or replaced, as the contractor deems appropriate. No used parts will be used to repair this equipment. The parts must be OEM for this FDA-approved equipment.

9. Documentation/Reports:

9.1. Documentation shall include detailed descriptions of the scheduled and unscheduled maintenance procedures performed, including replaced parts and prices required to maintain the equipment in accordance with manufacturer specifications. Test equipment used for calibration shall be listed on the service report by manufacturer, model number, serial number and date due calibration.

9.2. Any additional charges claimed will be approved by the CO via the COR before service is completed.

9.3. Federal Record Requirements

Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a).

These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act

(FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for

Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with

Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

VA Nebraska-Western Iowa Health Care System and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of VA Nebraska-

Western Iowa Health Care System or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the

Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701.

In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to VA Nebraska-Western Iowa Health Care System.

The agency must report promptly to NARA in accordance with 36 CFR 1230.

The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the contract. The

Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected.

The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to VA Nebraska-Western Iowa Health Care System control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the contract. Destruction of records is EXPRESSLY

PROHIBITED unless in accordance with Paragraph (4).

The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by

Government and VA Nebraska-Western Iowa Health Care System guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with VA Nebraska-Western Iowa Health

Care System policy.

The Contractor shall not create or maintain any records containing any non-public VA

Nebraska-Western Iowa Health Care System information that are not specifically tied to or authorized by the contract.

The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

The VA Nebraska-Western Iowa Health Care System owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which VA Nebraska-Western Iowa Health Care

System shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

9.4. Flowdown of requirements to Subcontractors

The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this contract, and require written subcontractor acknowledgment of same.

Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

10. Reporting Requirements:

10.1. Upon arrival at the Omaha VA Hospital 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. Contractor’s FSE(s) shall wear visible identification at all times while on the premises of the VA. Identification shall include, as a minimum, the employee’s name, position, and the contractor’s trade name.

10.2. 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. Preferred method of delivery is via email to NWIHCSBiomedicalStaff@va.gov

11. Services Beyond the Contract Scope:

11.1. 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.

11.2. Contactor shall furnish the COR with a written estimate of the cost to make necessary repairs.

12. Condition of Equipment:

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

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

13. Test Equipment:

13.1. Test equipment calibration shall be traceable to National Institutes of Standard

Technology standards. Each service report shall list test equipment used and date calibration to NIST is due. Test equipment out of calibration shall not be used.

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

14.1. Contractor’s FSE(s) shall wear visible identification at all times while on the premises of the VA. Identification shall include, at a minimum, the employee’s name, position, and the contractor’s trade name.

14.2. 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.

14.3. Smoking is prohibited inside all VA buildings.

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

14.5. Violations of VA regulations may result in citation answerable in the United States

(Federal) District Court, not a local district, state or municipal court.

15. Contractor Qualifications:

15.1. “Fully qualified” is based upon training and 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 Original Equipment Manufacturer (OEM) and equal to what the manufacturer provides their own field service personnel.

15.2. 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.

15.3. Contractor must have access to all OEM proprietary information due to the critical nature of these services. Examples of this information would be software updates and factory service bulletins that describe updates/modifications needed to make the equipment under this contract safe for use.

SECTION C - CONTRACT CLAUSES

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

ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The

Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered;

and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims

Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the

Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the

Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the

Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by

Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt

Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-

5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting

Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the

Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the

Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The

Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the

Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain

Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and

41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with

Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service

(TOS), or similar legal instrument or agreement, that includes any clause requiring the

Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

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

ITEMS

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

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

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

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

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

(End of Clause)

FAR

Number

Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

DEC 2013

C.3 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 fifteen (15) business days.

(End of Clause)

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR

2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within fifteen (15) business days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least thirty (30) business days days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

(End of Clause)

C.5 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting

Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.]

[] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[X] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business

Evaluation Factors.

[X] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price

Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small

Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

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

[] 852.233–71, Alternate Protest Procedure.

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

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[]…