36C26323Q0747.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

636-23-4-1963-0253

36C26323Q0747

Joshua Imdacha 3193397017

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

1303 5th St, Suite 300 Coralville IA 52241

X 100

X

339113

750 Employees

N/A

X

Department of Veterans Affairs

NEBRASKA W-IOWA HEALTHCARE SYS

4101 WOOLWORTH AVENUE

OMAHA NE 68105

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

1303 5th St, Suite 300 Coralville IA 52241

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971

X

See CONTINUATION Page

Ceiling Mounted Patient Lift System

SEE SCHEDULE FOR DETAILS

This solicitation is being conducted by the VISN 23 Contracting Office for the NWI VA Health Care System (HCS).

This solicitation is LPTA.

This solicitation is brand name or equal.

THIS IS AN TOTAL SMALL BUSINESS SET ASIDE

This solicitation uses FAR 13.1 procudures.

SIGN SF1449 AND RETURN ALL PAGES WITH OFFER SUBMISSION

DELIVERY AND INSTALLATION NEEDED 60 DAYS ARO.

See CONTINUATION Page

636-3630160-1963-820100-3131-636C3XXX-010034175

X X

X 1

Joshua Imdacha Contracting Officer

6/23/2023 4pm CST

6/13/2023

36C26323Q0747

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 Statement of Work

B.3 PRICE/COST SCHEDULE

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (DEC 2022)

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

C.3 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.4 VAAR 852.211-70 EQUIPMENT OPERATION AND MAINTENANCE MANUALS

(NOV 2018)

C.5 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023)

C.6 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

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

2018)

C.8 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 22

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

C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAR 2023)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

See attached document: D.1 - Building 25 Room Drawings See attached document: D.2 - Installation Checklist for Ceiling Lifts

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (MAR 2023)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.4 VAAR 852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY

ACCESSIBILITY NOTICE (FEB 2023)

E.5 VAAR 852.273-74 AWARD WITHOUT EXCHANGES (NOV 2021)

E.6 52.212-2 EVALUATION—COMMERCIAL ITEMS (JAN 1999)

E.7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C263

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

1303 5th St, Suite 300 Coralville IA 52241

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

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

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [x] Upon Acceptance After Delivery

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.

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

AMENDMENT NO DATE

B.2 Statement of Work

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

Imaging Bldg. 25 Phase 2 Overhead Lift Systems

Bldg. 25 Imaging Nuc Med/Ultrasound – Omaha VA

1. General:

1.1. The Contractor will provide all labor and materials to provide and install patient lifts in the quantity and locations required by the contract documents.

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

1.3. Quality Assurance

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

1.3.2. Documentation shall include detailed descriptions of items in the “After Installation Checklist” for Ceiling Mounted Patient Lifts from Patient Safety Alert 14- 07.

1.4. Submittals

1.4.1. Certif icates of Compliance

1.4.1.1. Manufacturer's Literature and Data:

1.4.1.2. Lifting Capacity

1.4.1.3. Lifting Speed

1.4.2.

1.4.2.1. Horizontal Displacement Speeds

1.4.2.2. Horizontal Axis Motor

1.4.2.3. Vertical Axis Motor

1.4.2.4. Emergency Brake

1.4.2.5. Emergency Lowering Device

1.4.2.6. Emergency Stopping Device

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

1.4.2.8. Current Limiter for Circuit Protection

1.4.2.9. Low Battery Disconnect System

1.4.2.10. Strap Length

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

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

1.4.4. Manufacturer’s Checklist for after installation inspection.

After Installation Checklist for Ceiling Mounted Patient Lifts

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

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

International Organization for Standardization (IOS):

10535-2021 Hoist for the Transfer of Disabled Persons-Requirements and Test Methods https://www.iso.org/standard/72711.html

Underwriters Laboratories (UL):

60601-1 Medical Electrical Equipment: General Requirements for Safety https://www.shopulstandards.com/ProductDetail.aspx?UniqueKey=11166

94-2006 UL Standards for Safety Test for Flammability of Plastic Materials for Parts in Devices and Appliances-Fifth Edition https://www.shopulstandards.com/ProductDetail.aspx?UniqueKey=25730

Patient Safety Alert 14-07: Ceiling Mounted Patient Lift Installations – see attachment Installation Checklist for Ceiling Lifts

National Fire Protection Agency (NFPA)

NFPA 99. https://www.nfpa.org/codes-and-standards/all-codes-and-standards/list-of-codes-and-standards/detail?code=99

2. Products: Brand name or equal to LIKO Ceiling Mtd Patient Lift BARIATRIC Traverse Rail System 1000lb capacity & LIKO Ceiling Mounted Patient Lift, Traverse Rail System 550lb capacity https://www.iso.org/standard/72711.html https://www.shopulstandards.com/ProductDetail.aspx?UniqueKey=11166 https://www.shopulstandards.com/ProductDetail.aspx?UniqueKey=25730 https://www.nfpa.org/codes-and-standards/all-codes-and-standards/list-of-codes-and-standards/detail?code=99 https://www.nfpa.org/codes-and-standards/all-codes-and-standards/list-of-codes-and-standards/detail?code=99

2.1. Provide anchor supports as specified by manufacturer for the specific required ceiling condition and required load.

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

2.3. The Lift system shall have the following features.

1. Lifting capacity: minimum 550lbs for non-bariatric and minimum 1100 lbs for bariatric

2. Electronic soft-start and soft-stop motor control

3. Emergency lowering device

4. Emergency stopping device

5. Current limiter for circuit protection in case of overload.

6. Safety device that stops the motor to lift when batteries are low.

7. Lifting speed: minimum 2.3in/s (6 cm/s), 1.6in/s (3.5cm) in full capacity

8. Horizontal displacement speed: 5.9in/s (150mm/s) +/- .4 inches

10. Emergency brake (in case of mechanical failure)

11. Strap length up to 90in (2.3m) tested for minimum 2998lbs (1360kg)

12. Cab: VO plastic–fire retardant

2.4. Lift Batteries

Provide rechargeable batteries with minimum 100 transfers with a load of 200lbs (74kg) and up to 60 transfers with its maximum load of 550lbs (200kg).

2.5. Chargers

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

2.5.2. In rail charging

2.6. Straps and Slings

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

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

3. Execution

3.1. Installation

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

3.2. Instructions and Personnel Training

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

3.3. Tests

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

3.4. Inspections

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

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

3.4.3. Confirm receipt of operator and maintenance manuals.

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

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

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

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

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

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

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

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

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

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

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

3.4.15. Confirm track is clean and clear of all debris (suggest wiping entire length of interior track channel with a soft cloth). Note: Use manufacturer’s recommended cleaning materials to avoid damage to the motor case and other components.

Phenol or chlorine solutions may damage some motor case surfaces.

3.4.16. Verif ication of any “soft start” or “soft stop” features and that lifting speed does not exceed 2.5 inches per second with “zero” load.

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

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

3.4.19. Verif ication of function of emergency brake at maximum rated lift capacity.

3.4.20. Verif ication of emergency lowering feature at maximum rated lift capacity.

3.4.21. Inspection of units by Contracting Officer’s Technical Representative (COTR:

Maintenance & Repairs, Facilities Engineering Services, Biomedical Engineering, or Safety) prior to release of lift(s) to clinical use.

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

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

4. Security:

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

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

5. Definitions/Acronyms

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

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

5.3. fPOC – Facility Point of Contact

5.4. IAW – In Accordance With

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

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

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

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

5.9. OSHA – Occupational Safety and Health Administration.

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

6. Hours of Coverage:

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

6.2. Federal holidays observed by VA Omaha are:

New Years Day Labor Day

Martin Luther King Day Columbus Day

President’s Day Veteran’s Day

Memorial Day Thanksgiving Day

Independence Day Christmas Day Juneteenth and any other day specifically designated by the President of the United States.

7. Reporting Requirements:

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

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

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

8. Test Equipment:

9.1. Test weights/equipment calibration shall be traceable to National Institutes of Standard Technology standards.

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

9.1. Contractor’s FSE(s) shall obtain a VA issued photo identif ication badge.

9.2. 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.

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

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

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

10. Contractor Qualifications:

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

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

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

11. Delivery and Installation Storage of goods:

11.1. Delivery and installation of lifts shall be within 60 days of contract award.

12. Installation Locations: Omaha VA, 4101 Woolworth Ave, Building 25

Lift Systems Quantity Type of Equipment

US Room 1951 Bariatric 1 1100 lb transverse system

US Rooms 1952,1953,1954 1 per room listed

550 lb transverse system

Nuclear Medicine Rooms 1901,1909,1944 1 per room listed

550 lb transverse system

See attached Building 25 Room Drawings. Only yellow highlighted rooms are included in the procurement. Rooms 1941/1945 are NOT included even though drawing shows lifts.

B.3 PRICE/COST SCHEDULE

The below schedule is just a recommendation. The schedule will be updated at award.

ITEM

NUMBER

DESCRIPTION

OF SUPPLIES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 EA __________________ __________________

Ceiling Mtd Patient Lift, BARIATRIC Traverse Rail System (1100 lbs Capacity) PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

3.00 EA __________________ __________________

Ceiling Mounted Patient Lift, Traverse Rail System (550 lbs Capacity) PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and

Supplies Manufacturing

3.00 EA __________________ __________________

Ceiling Mounted Patient Lift, Traverse Rail System (550 lbs Capacity) PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

1.00 JB __________________ __________________

Installation Service (Labor & material) install patient lift(s) listed above mobilizations to jobsite, f inal weight testing and certif ication.

PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

GRAND TOTAL __________________

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

(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, f ires, f loods, 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 Identif ication 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 notif ied 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 f inancing or invoice payment or that the Government has otherwise overpaid on a contract f inancing 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. 4701 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 certif ications, 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. 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

MAR 2023

C.3 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

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

(End of Clause)

C.4 VAAR 852.211-70 EQUIPMENT OPERATION AND MAINTENANCE

MANUALS (NOV 2018)

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

(End of Clause)

C.5 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB

2023)

(a) No used, refurbished, or remanufactured supplies or equipment/parts shall be provided.

This procurement is for new Original Equipment Manufacturer (OEM) items only. No gray market items shall be provided. Gray market items are OEM goods intentionally or unintentionally sold outside an authorized sales territory or sold by non-authorized dealers in an authorized sales territory.

(b) No counterfeit supplies or equipment/ parts shall be provided. Counterfeit items include unlawful or unauthorized reproductions, substitutions, or alterations that have been mismarked, misidentif ied, or otherwise misrepresented to be an authentic, unmodified item from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitutions include used items represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics.

(c) Vendor shall be an OEM, authorized dealer, authorized distributor, or authorized reseller for the proposed equipment/system, verified by an authorization letter or other documents from the OEM. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions.

(End of Clause)

C.6 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

(a) The Contractor shall conform to the standards established by:

National Institutes of Standard Technology as to Test weights/equipment calibration.

National Fire Protection Agency (NFPA) as to codes and standards.

UL Standards & Engagement as to Medical Electrical Equipment, General Requirements for Safety

(b) The Contractor shall submit proof of conformance to the standard. This proof may be a label or seal affixed to the equipment or supplies, warranting that the item(s) have been tested in accordance with the standards and meet the contract requirement. Proof may also be furnished by the organization listed above certifying that the item(s) furnished have been tested in accordance with and conform to the specified standards.

(c) Offerors may obtain the standards cited in this provision by submitting a request, including the solicitation number, title and number of the publication to:

(d) The offeror shall contact the Contracting Officer if response is not received within two weeks of the request.

(End of Clause)

C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT

REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

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

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

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identif ied in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

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

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

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

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

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

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

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

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

Submission of payment requests by mail may be required for—

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

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

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

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

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

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

2020) The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract.

Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of Clause)

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

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

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

(End of Addendum to 52.212-4)

C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (MAR 2023)

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

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

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L.

115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C.

3509).

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

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved]

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

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

[X] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

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

[] (10) [Reserved]

[] (11) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C.