36C26323Q0149 SF1449 ATP WHEELCHAIR SEATING.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. UEI: EFT:

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. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

438-23-1-485-0001

36C26323Q0149 11-30-2022

John Becker 319-339-7113 12-07-2022

11:00 AM CST

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

1303 5th St, Suite 300 Coralville IA 52241 John Becker john.becker3@va.gov

X 100

X

621340

$11 Million

N/A

X

Iowa City VA Health Care System 601 Highway 6 West Iowa City IA 52246

NETWORK 23 CONTRACTING OFFICE

1303 5th St, Suite 300 Coralville IA 52241

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971

See CONTINUATION Page

Assistive Technology Professional (ATP), Rehab Seating Specialist, and Repair Technician for Wheelchair Seating

Clinic to support the Sioux Falls SD VA Hospital located at 2501 W. 22nd Street, Sioux Falls SD 57105. See Price/Cost

Schedule and Statement of Work for additional information.

Period of Performance: 12/19/2022 to 12/18/2023

Contract includes four (4), one-year option periods to be exercised at the discretion of the government.

The Department of Labor Service Contract Act applies to all services provided under the contract.

Offerors shall be registered and verified as eligible in the System for Award Management (SAM) at the time of submission of quote and prior to contract award.

Evaluation of Quotes: Lowest Priced Technically Acceptable evaluation process.

See FAR 52.212-1 Addendum Instructions to Offerors and

FAR 52.212-2 Evaluation Commercial Products and Services for specific documentation to be submitted with offer

See CONTINUATION Page

438-3630160-485-824200-2580-010040156 438-23-1-485-0001

X X

X one(1)

John Becker

VA-VHA-2020-BEE57D1B

36C26323Q0149

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 SPECIAL CONTRACT REQUIREMENTS

B.3 NON-PERSONAL SERVICES CONTRACT

B.4 PRICE/COST SCHEDULE

B.5 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2021)

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

C.3 52.207-3 RIGHT OF FIRST REFUSAL OF EMPLOYMENT (MAY 2006)

C.4 52.216-18 ORDERING (AUG 2020)

C.5 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.6 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.7 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.8 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...27

C.9 52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR

FEDERAL CONTRACTORS (OCT 2021) (DEVIATION)

C.10 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN

1997)

C.11 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.12 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.13 VAAR 852.237-75 KEY PERSONNEL (OCT 2019)

C.14 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ..31

C.15 IT CONTRACT SECURITY

C.16 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2022) (JUL 2020) (DEVIATION)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021)

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

1998)

E.3 52.216-1 TYPE OF CONTRACT (APR 1984)

E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.5 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) (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:

Unique SAM Entity:

Contact Person:

Email:

Phone:

b. GOVERNMENT: Contracting Officer

Name: John Becker

Email: John.becker3@va.gov

Phone: 605-585-3908

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:

• Monthly or Upon Completion of Work or a period agreed between the Contractor and Government.

• Contractor shall submit final invoice on any services performed no later than 30 days after end of the period of performance of the purchase order or contract. This ensures timely closeout of purchase orders and/or contracts.

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.

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

• Tungsten Network web link. Website: http://www.tungsten-network.com/customer-campaigns/veterans-affairs/

• Tungsten’s Email Assistance: VA.Registration@tungsten-network.com

• Tungsten’s Contact Phone: 1-877-489-6135 for support or 1-877-752-0900 for Client

Services.

• VA Financial Services Center is available at http://www.fsc.va.gov/einvoice.asp.

• VA FSC email: vafsccshd@va.gov

• VA FSC Contact Phone: 877-353-9791

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

• Background investigations and special agreement checks: All contractor personnel are subject to the same level of investigation as VA employees who have access to VA Sensitive Information. The level of background investigation commensurate with the level of access needed to perform the statement of work is: National Agency Check (NAC). Contract employees may be required to submit fingerprints and undergo a background check.

• Employee training requirements are applicable to the level of access granted to the contractor. All contractor personnel are subject to the same level of training as VA employees who have access to VA Sensitive Information.

• This requirement is applicable to all subcontractor personnel requiring the same access.

• Contract employees will be required to obtain a favorable National Criminal History

Check (NCHC) before a Notice to Proceed is provided by the Contracting Officer for contract employee to provide services under the contract.

7. VA REQUIRED TRAINING: Contract employees may be required to complete VA training prior to and/or during contract performance and subsequently, annually thereafter.

Determination of training courses will be made by the VA Health Care System Technical Representative. Contract employees shall remain current on all training requirements throughout the life of the contract. Contract employee(s) who are delinquent in training will lose access to IT systems which may impact contract performance.

• PRIVACY AND HIPAA FOCUSED TRAINING (VA TMS ID: 10203)

• VA PRIVACY AND INFORMATION SECURITY AWARENESS AND RULES OF

BEHAVIOR (VA TMS ID: 10176)

8. VHA Supplemental Contract Requirements for Combatting COVID-19.

a. Contractor employees who work in or travel to VHA locations must comply with the following:

(1) Documentation requirements:

(a) If fully vaccinated, shall show proof of vaccination

i. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID- 19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination

(2) If unvaccinated and granted a medical or religious exception, shall show negative COVID-19 test results dated within three calendar days prior to desired entry date.

Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test.

(3) Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to http://www.tungsten-network.com/customer-campaigns/veterans-affairs/ http://www.tungsten-network.com/customer-campaigns/veterans-affairs/ mailto:VA.Registration@tungsten-network.com http://www.fsc.va.gov/einvoice.asp mailto:vafsccshd@va.gov

VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

(4) Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

b. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the following website:

COVID-19 Screening Tool. Regularly check the website for updates.

(1) Contractor employees who work away from VA locations, but who will have direct patient contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

c. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.”

d. For indefinite delivery contracts: Contractor agrees to comply with VHA Supplemental Contract Requirements for any task or delivery orders issued prior to this modification when performance has already commenced.

9. 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.

10. 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.

11. SERVICE CONTRACT LABOR STANDARDS REQUIREMENT, if applicable. Contractor shall provide hourly wages in accordance with U.S. Department of Labor (USDOL) Wage Determinations and FAR Subpart 22.10 (Service Contract Labor Standards); USDOL Wage Determinations are attached in Section D below. For guidance on Service Contract Labor Standards and to find the nearest USDOL resource, please refer to https://www.dol.gov/whd/local/index.htm.

12. VETS-4212 REPORTING REQUIREMENTS (for contracts awarded over $150,000.00).

Contractor shall complete VETS-4212 reporting in accordance with FAR requirements.

Reference. Please refer to https://www.dol.gov/agencies/vets/programs/vets4212 for guidance on completing the required VETS-4212 report.

• FAR 52.222-35, Equal Opportunity for Veterans

• FAR 52.222-37, Employment Reports on Veterans https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.va.gov%2Fcovid19screen%2F&data=04%7C01%7C%7C180e5dd7385a45f5f9d008d98dcf9308%7Ce95f1b23abaf45ee821db7ab251ab3bf%7C0%7C0%7C637696745032835994%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=RjM8G3wtcdUl2EgrU7ne4TYJ3m1ypptmAQYiJNIyqdE%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.va.gov%2Fcovid19screen%2F&data=04%7C01%7C%7C180e5dd7385a45f5f9d008d98dcf9308%7Ce95f1b23abaf45ee821db7ab251ab3bf%7C0%7C0%7C637696745032835994%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=RjM8G3wtcdUl2EgrU7ne4TYJ3m1ypptmAQYiJNIyqdE%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.va.gov%2Fcovid19screen%2F&data=04%7C01%7C%7C180e5dd7385a45f5f9d008d98dcf9308%7Ce95f1b23abaf45ee821db7ab251ab3bf%7C0%7C0%7C637696745032835994%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=RjM8G3wtcdUl2EgrU7ne4TYJ3m1ypptmAQYiJNIyqdE%3D&reserved=0 https://www.dol.gov/whd/local/index.htm https://www.dol.gov/agencies/vets/programs/vets4212

13. SERVICE CONTRACT REPORTING (for contracts awarded over $500,000.00), if applicable. Service Contract reporting, to be completed by the contractor, is required for service contracts and orders as following are checked off under Section C, FAR 52.212-5 (Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items). The contractor shall report the information via the System for Award Management (SAM) at https://beta.sam.gov. The information is collected through SAM and included in the agency service contract inventory. Contractors shall log in annually to their SAM profile to complete the service contract inventory reporting requirements. Contractors performing on covered contracts must report their information between October 1 and October 31 each year. Agencies are required to review contractor input and work with them to make revisions, if and as necessary, by November 30 each year.

• FAR 52.204-14, Service Contract Reporting Requirement

• FAR 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (as applicable) Contractors shall log in annually to their SAM profile to complete the service contract inventory reporting requirements. Contractors performing on covered contracts must report their information between October 1 and October 31 each year. Agencies are required to review contractor input and work with them to make revisions, if and as necessary, by November 30 each year.

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

AMENDMENT NO DATE

https://beta.sam.gov/

B.2 SPECIAL CONTRACT REQUIREMENTS

Under the authority of Public Law 104-262 and 38 USC 8153, the contractor agrees to provide Health Care Resources in accordance with the terms and conditions stated herein, to furnish to and at the Department of Veterans Affairs Medical Center, Sioux Falls SD VA Hospital, the services and prices specified in the Section entitled Schedule of Supplies/Services of this contract.

1. SERVICES:

a. The services specified in the Sections entitled Schedule of Supplies/Services and Special Contract Requirements may be changed by written modification to this contract.

b. Other necessary personnel for the operation of the services contracted for at the VA will be provided by the VA at levels mutually agreed upon which are compatible with the safety of the patient and personnel and with quality medical care programming.

c. The services to be performed by the contractor will be performed in accordance with VA policies and procedures and the regulations of the medical staff by laws of the VA facility.

2. TERM OF CONTRACT:

This contract is effective one year from date of award and may contain option periods.

3. QUALIFICATIONS:

Personnel assigned by the Contractor to perform the services covered by this contract shall be licensed in a State, Territory, or Commonwealth of the United States or the District of Columbia.

All licenses held by the personnel working on this contract shall be full and unrestricted licenses.

The qualifications of such personnel shall also be subject to review by the VA Chief of Staff and approval by the VA Facility Director. Each person assigned to work under this contract shall be licensed by the State of South Dakota. See the Contract’s Performance Work Statement (PWS) for additional information.

4. WORK HOURS:

a. The services covered by this contract shall be furnished by the contractor as defined herein. The contractor will not be required, except in case of emergency, to furnish such services during off-duty hours as described below.

b. The following terms have the following meanings:

(1) Work hours: See Performance Work Statement (PWS)

(2) National Holidays: The 10 holidays observed by the Federal Government are:

New Years Day Martin Luther King’s Birthday Presidents Day Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Christmas AND any other day specifically declared by the President of the United States to be a national holiday.

5. PERSONNEL POLICY:

The contractor shall be responsible for protecting the personnel furnishing services under this contract. To carry out this responsibility, the contractor shall provide the following for these personnel:

- general liability

- workers compensation

- professional liability insurance

- health examinations

- income tax withholding, and

- social security payments.

The parties agree that the contractor, its employees, agents and subcontractors shall not be considered VA employees for any purpose.

6. RECORD KEEPING:

The VA Medical Center, Sioux Falls SD VA Hospital shall establish and maintain a record keeping system that will record the hours worked by the contractor employee(s). Contractor's employee(s) shall report to the Sioux Falls SD VA Hospital Administrative Officer, or designee upon arrival at the Sioux Falls SD VA Hospital.

7. CONTRACT PERFORMANCE MONITORING:

Monitoring of contractors time shall be demonstrated through sign-in/ sign-out sheets. The contractor shall be required to sign an attendance log upon reporting to work and departing from work. The Sioux Falls SD VA Hospital Administrative Officer, shall be the VA official responsible for verifying contract compliance. After contract award, any incidents of contractor noncompliance as evidenced by the monitoring procedures shall be forwarded immediately to the Contracting Officer.

8. KEY PERSONNEL AND TEMPORARY EMERGENCY SUBSTITUTIONS:

The Contractor shall assign to this contract the following key personnel:

a. During the first ninety (90) days of performance, the Contractor shall make NO substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer, in writing, within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period of the contract, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

b. The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes shall have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on the proposed substitutes. The contract will be modified to reflect any approved changes of key personnel.

c. For temporary substitutions where the key person will not be reporting to work for three (3) consecutive work days or more, the Contractor will provide a qualified replacement for the key person. This substitute shall have comparable qualifications to the key person. Any period exceeding two weeks will require the procedure as stated above.

B.3 NON-PERSONAL SERVICES CONTRACT

1. This is a Service Contract. Service contract means a contract that directly engages the time and effort of a contractor whose primary purpose is to perform an identifiable task rather than to furnish an end item of supply. A service contract may be either a nonpersonal or personal contract. It can also cover services performed by either professional or nonprofessional personnel whether on an individual or organizational basis.

2. This is a Non-Personal Services Contract. Nonpersonal services contract means a contract under which the personnel rendering the services are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees. The parties agree that the Contractor and all Contractor’s employee(s) shall not be considered VA employees for any purpose.

3. Indemnification: The Contractor shall be liable for, and shall indemnify and hold harmless the Government against, all actions or claims for loss of or damage to property or the injury or death of persons, arising out of or resulting from the fault, negligence, or act or omission of the Contractor, its agents, or employees.

4. Inherent Government Functions: Contractor and Contractor’s employee(s) shall not perform inherently governmental functions. This includes, but is not limited to, determination of agency policy, determination of Federal program priorities for budget requests, direction and control of government employees, approval of position descriptions and performance standards for Federal employees, approving any contractual documents, approval of Federal licensing actions and inspections, and/or determination of budget policy, guidance, and strategy.

5. No Employee status: The Contractor shall be responsible for protecting Contractor’s employee(s) furnishing services. To carry out this responsibility, the Contractor shall provide or certify that the following is provided for all their staff providing services under the resultant contract:

• Workers’ compensation

• Professional liability insurance

• Health examinations

• Income tax withholding, and

• Social security payments.

B.4 PRICE/COST SCHEDULE

INDEFINITE QUANTITY CONTRACT LIMITATIONS

This is an indefinite delivery, indefinite quantity, firm fixed price contract. The period of performance for this contract will be for a Base Year plus four (4), one-year option periods.

Option periods to be exercised at the discretion of the government. It is understood that no obligation will be incurred by the VA except for services rendered under this contract. The minimum value of services and maximum value of services to be provided under this contract are as follows:

Minimum value: $1,000.00 Maximum value: $500,000.00

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

215.00 HR __________ __________

Assistive Technology Service Contract Period: Base POP Begin: 12-16-2022 POP End: 12-15-2023 PRINCIPAL NAICS CODE: 621340 - Offices of Physical, Occupational and Speech Therapists, and Audiologists PRODUCT/SERVICE CODE: Q518 - Medical - Physical Medicine/Rehabilitation

155.00 HR __________ __________

Rehabilitation Technician Services Contract Period: Base POP Begin: 12-16-2022 POP End: 12-15-2023 PRINCIPAL NAICS CODE: 621340 - Offices of Physical, Occupational and Speech Therapists, and Audiologists

25.00 HR __________ __________

Pressure Mapping Services Contract Period: Base POP Begin: 12-16-2022 POP End: 12-15-2023 PRINCIPAL NAICS CODE: 621340 - Offices of Physical, Occupational and Speech Therapists, and Audiologists

Base Period Cost __________

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES

QUANTITY UNIT UNIT PRICE AMOUNT

Contract Period: Option 1 POP Begin: 12-16-2023 POP End: 12-15-2024 PRINCIPAL NAICS CODE: 621340 - Offices of Physical, Occupational and Speech Therapists, and Audiologists

Contract Period: Option 1 POP Begin: 12-16-2023 POP End: 12-15-2024 PRINCIPAL NAICS CODE: 621340 - Offices of Physical, Occupational and Speech Therapists, and Audiologists

Contract Period: Option 1 POP Begin: 12-16-2023 POP End: 12-15-2024 PRINCIPAL NAICS CODE: 621340 - Offices of Physical, Occupational and Speech Therapists, and Audiologists

Option Period 1 Cost __________

DESCRIPTION OF

SUPPLIES/SERVICES

Contract Period: Option 2 POP Begin: 12-16-2024 POP End: 12-15-2025 PRINCIPAL NAICS CODE: 621340 - Offices of Physical, Occupational and Speech Therapists, and Audiologists

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES

Contract Period: Option 2 POP Begin: 12-16-2024 POP End: 12-15-2025 PRINCIPAL NAICS CODE: 621340 - Offices of Physical, Occupational and Speech Therapists, and Audiologists

Contract Period: Option 2 POP Begin: 12-16-2024 POP End: 12-15-2025 PRINCIPAL NAICS CODE: 621340 - Offices of Physical, Occupational and Speech Therapists, and Audiologists

Option Period 2 Cost __________

DESCRIPTION OF

SUPPLIES/SERVICES

Contract Period: Option 3 POP Begin: 12-16-2025 POP End: 12-15-2026 PRINCIPAL NAICS CODE: 621340 - Offices of Physical, Occupational and Speech Therapists, and Audiologists

Contract Period: Option 3 POP Begin: 12-16-2025 POP End: 12-15-2026 PRINCIPAL NAICS CODE: 621340 - Offices of Physical, Occupational and Speech Therapists, and Audiologists

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES

Contract Period: Option 3 POP Begin: 12-16-2025 POP End: 12-15-2026 PRINCIPAL NAICS CODE: 621340 - Offices of Physical, Occupational and Speech Therapists, and Audiologists

Option Period 3 Cost __________

DESCRIPTION OF

SUPPLIES/SERVICES

Contract Period: Option 4 POP Begin: 12-16-2026 POP End: 12-15-2027 PRINCIPAL NAICS CODE: 621340 - Offices of Physical, Occupational and Speech Therapists, and Audiologists

Contract Period: Option 4 POP Begin: 12-16-2026 POP End: 12-15-2027 PRINCIPAL NAICS CODE: 621340 - Offices of Physical, Occupational and Speech Therapists, and Audiologists

Contract Period: Option 4 POP Begin: 12-16-2026 POP End: 12-15-2027 PRINCIPAL NAICS CODE: 621340 - Offices of Physical, Occupational and Speech Therapists, and Audiologists

Option Period 4 Cost __________

TOTAL CONTRACT COST ___________________

B.5 STATEMENT OF WORK

Assistive Technology Professional (ATP), Rehab Seating Specialist, and Wheelchair

Assembly and Repair Technician Service

1. BACKGROUND

The Sioux Falls VA Wheelchair shop assembles and assists Veterans with their new wheelchair and can help do maintenance on them. With the number of Veterans needed assistance greater than the shop’s size, contract fills in the gaps in service to ensure continuous service.

2. PERFORMANCE PERIOD

The period of performance shall be a base period of one year and include 4 option periods of one year in length.

3. OBJECTIVE

The objective of this acquisition is to maintain the level of service that the VA has been doing, to prevent large backlogs from forming.

4. SCOPE OF WORK

The contractor shall provide a certified ATP/Rehab Seating Specialist and Wheelchair Assembly and Repair Technician Services for Wheelchair Seating Clinic and Wheelchair Assembly and Repair Service for the Sioux Falls VA Health Care System. The certified ATP will provide seating evaluation and custom fit for all manual/power wheelchairs and the Technician will ensure timely assembly of manual/power wheelchairs.

Contractor shall provide assessment reports and equipment recommendations for specific equipment to the Sioux Falls VAHCS Physical Therapy line within two (2) business days of patient assessment/evaluation completion.

Contractor will have three (3) business days to assemble wheelchair units, using contractor-owned equipment.

Pressure mapping service will be readily available during Sioux Falls VAHCS wheelchair seating clinic.

5. SPECIFIC SYSTEM REQUIREMENTS, TASKS AND DELIVERABLES

5.1 Contractor shall provide assessment reports and equipment recommendations (e.g., vendor specification forms and quotes from equipment providers) for specific equipment to the Sioux Falls VAHCS Physical Therapy and/or Prosthetics Service Line within two (2) business days of patient assessment/evaluation completion.

5.2 Contractor will have three (3) business days to assemble wheelchair units, when contacted by the Sioux Falls VAHCS, using contractor-owned equipment. Assembly will be performed onsite

(VA).

5.3 Equipment for pressure mapping system evaluations shall not be older than five (5) years.

Contractor shall transport equipment form contractor’s facility to the Sioux Falls VAHCS to provide evaluations.

6. TASKS

6.1 Schedule Coordination. The SFVAHCS will coordinate with contractor to have wheelchairs assembled, pressure mapping completed, and other duties related to the contract done within scheduled times.

6.2 Staff Qualifications. The contractor will provide qualified and licensed staff to perform the services covered by the contract. Staff shall be trained and familiar in operating contractor-owned pressure-mapping system/technology.

6.3 Technical Support. The Contractor will provide sufficient technical support and certified personnel, throughout the life of the contract, to proper fit and assembly of all patient wheelchairs, powered and manual. The contractor will provide technical support covering all system capabilities, tasks and deliverables outlined in this Statement of Work (SOW).

7. DELIVERABLES

7.1 Timely submission of deliverables and reports is essential to conducing successful patient care as well as successfully completing the requirements of this contract. Contractor will provide all deliverables according to the schedule, required by SFVAHCS, as described in the following table, unless otherwise agreed upon by the contractor and SFVAHCS.

7.2 Schedule of Deliverables

Deliverable Submit as noted Submit to Copies of any and all licenses and certifications for al license and certified staff

Upon proposal and upon renewal of licenses and upon renewal of option periods or change of key personnel

Contracting Officer

Certification that staff list have been compared to OIG list

Upon proposal and upon new hires

Contracting Officer

Proof of Indemnification and Medical Liability Insurance

Upon proposal and upon contract/task order renewal

Contracting Officer

Certificates of Completion for Cyber Security and Patient Privacy Training Courses

Before receiving an account on VA Network and annual training and new hires

Contracting Officer

7.3 Reports. Reports will include but are not limited to: assessments reports; equipment recommendations and quotes; invoices.

7.4 All deliverables listed above will be accomplished and/or provided, or made available to, the designated SFVAHCS point of contact(s) by the respective Submit as Noted listed in the table.

7.5 All information and data related to this contract that the contractor gathers or obtains shall be both protected from unauthorized release and considered the property of the government.

The contracting officer will be the sole authorized official to release verbally, or in writing, any data, deliverables, or other written or printed materials pertaining to this contract.

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(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 Federal Acquisition Regulation (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 FAR 32.608-2 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

PRODUCTS AND COMMERCIAL SERVICES

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.