36C79121R0015.docx

36C79121R0015

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C79121R0015 -2021 Susan Dela Cruz susan.delacruz@va.gov 202-632-9052 -2021 3:30pm

MT

Department of Veterans Affairs Commodities & Services Acquisition Svc (003B6E) 555 Corporate Circle Golden CO 80401-5621 X 334510 1250 Employees N/A X Department of Veterans Affairs Commodities & Services Acquisition Svc 555 Corporate Circle Golden CO 80401-5621 Department of Veterans Affairs Commodities & Services Acquisition Svc (003B6E) 555 Corporate Circle Golden CO 80401-5621

TBD

Department of Veterans Affairs Commodities & Services Acquisition Svc (003B6E) 555 Corporate Circle Golden CO 80401-5621 See CONTINUATION Page Title: Transcutaneous Electrical Nerve Stimulation (TENS) All questions or concerns are due by close business day, October 2021 at 12:00pm MT.

Previous solicitation 36C79121R0009 was cancelled.

See CONTINUATION Page X X Susan Dela Cruz

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1.1 CONTRACT ADMINISTRATION

1.1.1 The Commodities and Services and Acquisition Service (CSAS) Contracting Officer (CO) is responsible for providing overall scope oversight, maintaining communication between Contractors and the United States Department of Veterans Affairs (VA), ensuring contract compliance, administering contracts and modifications, and ensuring that annual performance evaluations are completed at the contract level. Nevertheless, any CO assigned to the VA CSAS and acting within his/her warrant authority may take formal action on this contract when a contract action needs to be taken and the primary CO is unavailable. The CO reserves the right to designate a Contracting Officer’s Representative (COR) at the Indefinite Delivery Indefinite Quantity (IDIQ) contract level. The CO shall issue a designation letter to the COR and the Contractor to ensure that all parties understand the limited authority of the COR.

1.1.2 The IDIQ contract may only be modified by written modification, executed by VA CSAS warranted CO. The Contractor shall not provide products that are not expressly stated in the contract or order. A COR does not have the authority or means to obligate the Government or change the terms and conditions of the IDIQ contract.

1.1.3 All contract administration matters shall be handled by the following individuals:

a. CONTRACTOR: To Be Determined (TBD) at time of award

b. GOVERNMENT: Contracting Officer:

Susan Dela Cruz, Contracting Officer (CO) U.S. Department of Veterans Affairs Commodities & Services Acquisition Service 555 Corporate Circle Golden, CO 80401 Phone: 303-273-6246 Email: Susan.Delacruz@va.gov

Contract Specialist:

Joseph Hodge, Contract Specialist (CS) Phone: 720-497-2310 Email: Joseph.Hodge@va.gov

1.2 CONTRACTOR REMITTANCE ADDRESS:

All payments by the Government to the Contractor will be made in accordance with Federal Acquisition Regulation (FAR):

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

1.3 INVOICES:

Invoices shall be submitted in arrears based upon delivery and acceptance:

a. Quarterly []

b. Semi-Annually []

c. Other [X] 15 days upon acceptance of order through ROES.

1.4 GOVERNMENT INVOICE ADDRESS:

All Invoices from the Contractor shall be submitted electronically in accordance with Veterans Affairs Acquisition Regulation (VAAR) clause 852.232-72 Electronic Submission of Payment Requests.

1.4.1 The contractor shall comply with VA Acquisition Regulation (VAAR) 852.232-72, Electronic Submission of Payment Requests, and the following business processes regarding invoices for delivery of products. Invoices submitted for payment shall be in accordance with FAR 52.212-4(g) and shall be submitted in arrears as supplies are ordered.

(a) Vendor Electronic Invoice Submission Methods:

Electronic form means an automated system transmitting information electronically according to the accepted data transmissions below. Fax, email and scanned documents are not acceptable forms of submission for payment requests.

(1) 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, for free.

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

(b) Vendor e-invoice Set-up information:

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

(1) Tungsten e-Invoice setup information: 1-877-489-6135

(2) Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com

(3) FSC e-Invoice contact information: 1-877-353-9791

(4) FSC e-Invoice email: vafsccshd@va.gov

(5) FSC e-invoice email: vafsccshd@va.gov

(6) http://www.fsc.va.gov/einvoice.asp

c) Contractors will receive orders via Computer-to-Computer Electronic Data Interchange (EDI), FAX, or Email. The Contractor must confirm receipt of delivery orders from VA CSAS (or duly appointed ordering officers at the DLC).

1. EDI. The Offeror must indicate the name, address, and telephone number of the representative to be contacted regarding establishment of an EDI interface.

NAME: ________________________________

ADDRESS: _____________________________

TELEPHONE: ___________________________

FAX: ___________________________________

EMAIL ADDRESS: ________________________

2. Facsimile Transmission. Indicate the telephone number(s) and point of contact where orders should be forwarded. The Contractor must confirm receipt of delivery orders from VA CSAS (or duly appointed ordering officers at the DLC) via e-mail or fax within two (2) business days.

NAME: ________________________________

ADDRESS: _____________________________

TELEPHONE: ___________________________

FAX: ___________________________________

EMAIL ADDRESS: ________________________

3. Email. The below-named individuals are designated by the contractor to receive delivery orders placed via email:

NAME: ________________________________

ADDRESS: _____________________________

TELEPHONE: ___________________________

1.5 ACKNOWLEDGMENT OF AMENDMENTS:

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

1.6 CONTRACT MINIMUM AND MAXIMUM DOLLAR VALUES

The minimum guaranteed amount is $1,500. Orders shall be determined by department needs. The Government has no obligation to award orders beyond the minimum guaranteed amount. In accordance with FAR 16.504(a)(4)(ii), the maximum aggregate value for all orders awarded under this contract shall not exceed $20,064,334.00. The Government’s obligation for the minimum guarantee amount applies only in year one ordering period of the contract. If the Contractor receives total orders for less than the minimum amount in year one, the Government will pay the difference between the amount ordered and the minimum amount guaranteed for the year one ordering period of the contract.

1.7 CONTRACTOR PERFORMANCE

1.7.1 Attachment 1 - Contractor Discrepancy Report (CDR), may be issued by a CO or COR to document less than acceptable performance by the Contractor at any point during the period of performance. It should be noted that issuance of a CDR should not be the first form of communication or plan of resolution unless the seriousness of the situation warrants such formal documentation from onset. The CO, COR, and Contractor shall maintain open and effective communications to avoid the issuance of CDRs to the maximum extent practicable. All parties acknowledge that a finalized CDR will become part of the official file and will be used to report on annual performance under the IDIQ.

1.7.2 If use of a CDR is warranted, the CO/COR shall complete the CDR, citing the IDIQ and/or Delivery Order (DO) number and the specific IDIQ and/or DO section or clause related to the performance issue. The CO/COR shall provide a detailed and descriptive narrative of the background and issue. Upon receipt of the CDR, the Contractor shall provide a timely and detailed response by the Contractor. The Contractor’s response shall include any important or relevant information or justification for the performance issue and a proposed resolution. The CO/COR will review the response from the Contractor and the CO will issue a final recommendation or plan of action. The CO, COR, and Contractor will maintain communication to ensure that the recommendation or plan of action is carried out.

1.7.3 The Contractor’s performance on the IDIQ will be reported to the Contractor Performance Assessment Reporting System (CPARS) on an annual basis. The CO and COR will make use of information from CDRs, as well as any additional knowledge and information available to them with respect to the Contractor’s performance, to complete the CPARS. Contractors shall familiarize themselves with the CPARS process and be prepared to respond to reports entered by the CO and COR.

1.7.4The Performance Metrics, Section B.5.12.2 (Performance Metrics), is a listing of the metrics that will be monitored during the contract term. The Performance Metrics provides the minimum standard of acceptable performance as well as the minimum acceptable quality level of the standard.

B.2 RESERVED

B.3 PRODUCT DESCRIPTION

3.1 INTRODUCTION

3.1.1 The Veterans Health Administration (VHA) manages the United States’ largest integrated healthcare system. Veterans’ healthcare is separated geographically into 21 Veterans Integrated Services Networks (VISNs) with approximately 168 VA Medical Centers (VAMCs), 1,053 outpatient sites, and various other Federal facilities to include Community Living Centers (CLCs), Vet Centers and Domiciliary. Together these health care facilities, and the more than 53,000 independent licensed health care practitioners who work within them, provide comprehensive care to about 9.3 million enrolled Veterans.

The Department of Veterans Affairs (VA) Prosthetics and Sensory Aid Service (PSAS) has a need for Transcutaneous Electrical Nerve Stimulation (TENS) Units and Accessories. Each unit shall include Rechargeable Batteries, Battery Charger, belt clip, Storage Pouch and a package of Four (4) “2x2” self-adhesive, reusable electrodes.

3.1.2 The objective of this procurement is to ensure availability and consistency of products for nationwide usage and to obtain volume-based, standardized pricing by establishing enterprise-wide IDIQ contract. The Government desires to continue the practice of reducing costs by standardizing the ordering of products and sources of supply while, simultaneously, balancing clinician considerations for obtaining quality products.

3.1.3 The commodities to be acquired are TENS and the TENS Accessories. The goal is for the TENS Unit and Accessories is to be utilized through Primary Care for Veterans being cared for outside of the hospital.

3.1.4 TENS Unit and Accessories must meet International Standards Organization (ISO) and International Electrotechnical Commission (IEC)_ standard 60601-1-11 or current standard in effect.

3.2 SCOPE OF WORK

3.2.1 The Contractor shall provide an uninterrupted supply of products and delivery TENS Unit and Accessories as specified in the contract. The Contractor shall conduct business operations that adhere to all applicable Federal, State, local laws and regulations.

3.2.2 Contracted items will be ordered from time to time and in such quantities as needed to satisfy agency requirements in accordance with current applicable supply procedures.

3.2.3 Prices shall remain fixed for the 12-month base period and all four (4) 12-months option periods as identified in the Price Schedule.

3.2.4 The technical volume shall demonstrate the ability to meet the requirements in the solicitation. The offeror shall provide only new equipment and new parts for the required products described herein. ABSOLUTELY NO “GRAY MARKET GOODS” shall be provided under any delivery order. Gray Market Goods are defined as genuine branded goods sold outside of an authorized sales-territory (or by non-authorized dealers in an authorized territory) at prices lower than being charged in authorized sales territories (or by authorized dealers). All products must be covered by the manufacturer's warranty.

3.3 GENERAL INFORMATION

3.3.1 VA's purpose under this solicitation and resulting contract(s) is to obtain TENS Units and accessory products while securing a continuous supply of products. These products are purchased by the VA CSAS and DLC for stocking, distribution, and assignment to individual VA medical facilities and subsequent issue to Veteran patients. This provides the contractor with a single point of contact for all activity under the contract.

3.3.2 The objective is to award a single fixed price, indefinite delivery indefinite quantity (IDIQ) contract. The IDIQ contract will be a five-year contract, consisting of one 12-month base period and four (4) 12-month option periods. Option periods will or will not be exercised at the sole discretion of the Government.

3.3.3 Estimated Contract period(s) of performance:

Base Year: December 15, 2021 through December 14, 2022 Option Year I: December 15, 2022 through December 14, 2023 Option Year II: December 15, 2023 through December 14, 2024 Option Year III: December 15, 2024 through December 14, 2025 Option Year IV: December 15, 2025 through December 14, 2026

3.4 DESCRIPTION OF SUPPLIES & MINIMUM TECHNICAL REQUIREMENTS

Not to include a muscle stimulator.

Digital Unit (NEW).

Unit has Dual Independent Channel Output

Unit shall use a Biphasic wave form.

Unit shall include a timer.

Unit shall have Adjustable Pulse Width and Frequency.

Unit Shall include a Compliance Monitor

Unit shall include 2 sets of 2 connecting Lead Wires Lead (e.g. 2 connecting Lead Wires Per Set – Total 4).

Unit shall include a package of Four (4) “2x2” self-adhesive, reusable electrodes.

Unit shall include Rechargeable Batteries.

Unit shall include a Battery Charger.

Unit shall include a belt clip.

Unit shall include a Storage Pouch large enough to store TENS and the TENS Accessories

Unit Shall include Product Instruction Manual in English.

Unit shall be FDA 510(k) market approved.

Serial number to be in battery compartment along with being in a visible location

Warranty:

Minimum of one (1) year

Electrodes:

2x2 Square - Self Adhesive, Reusable.

2x4 Rectangle/Low Back - Self Adhesive, Reusable.

2x2 Hypoallergenic/Sensitive Skin - Self Adhesive.

3.5 INFORMATION SECURITY CONSIDERATIONS

3.5.1 The Certification and Accreditation (C&A) requirements do not apply, and a Security Accreditation Package is not required.

3.5.2 The Contractor shall safeguard Protected Health Information (PHI) and Personally Identifiable Information (PII). The Department of Veteran defines personally identifiable information as: “information which can be used to distinguish or trace an individual's identity, such as their name, social security number, biometric records, etc. alone, or when combined with other personal or identifying information which is linked or linkable to a specific individual, such as date and place of birth, mother’s maiden name, etc."

3.5.3 Protected Health Information - Protected Health Information (PHI) is a subset of Health Information, including demographic information collected from an individual, that:

(1) is created or received by a health care provider, health plan, or health care clearinghouse (e.g., a HIPAA-covered entity, such as VHA); (2) relates to the past, present, or future physical or mental condition of an individual, or provision of or payment for health care to an individual; and, (3) identifies the individual or where a reasonable basis exists to believe the information can be used to identify the individual. NOTE: VHA uses the term PHI to define information covered by the Privacy Act and the Title 38 confidentiality statutes in addition to HIPAA.

3.5.4 Personally Identifiable Information - Personally Identifiable Information (PII) is any information pertaining to an individual that is retrieved by the individual’s name or other unique identifier, as well as PHI regardless of how it is retrieved. PII is a subset of personally identifiable information and is protected by the Privacy Act.

3.5.5 The HIPAA Privacy Rule defines Protected Health Information as PII transmitted or maintained in any form or medium by a covered entity, such as VHA. NOTE: VHA uses the term protected health information to define information that is covered by HIPAA but, unlike PII, may or may not be covered by the Privacy Act or Title 38 confidentiality statutes. In addition, PHI excludes employment records held by VHA in its role as an employer.

3.5.6 If invoice, follow up is required with ordering activity. Then transmission will be done by fax or encrypted mail. Contractor shall encrypt email by purchasing licenses of Virtru Pro to initiate encrypted emails to VA. Government will not reimburse Contractor for purchase of Virtru Pro licenses.

B.4 PRICE/COST SCHEDULE

The negotiated pricing will apply through the life of the contract.

ITEM NUMBER

See Attachment 2 –Schedule of Supplies for Details

B.5 IDIQ TERMS AND CONDITIONS

5.1 PRODUCT REMOVAL OR RECALL

5.1.1 For any product awarded under this contract removed or recalled by the manufacturer due to defects in the product or potential dangers to patients, or if any required removal or recall is suggested or mandated by a regulatory or official agency, the manufacturer or distributor shall to take following steps immediately:

5.1.2 Notify the CO at the VA CSAS in writing, by the most expeditious manner possible.

5.1.3 Provide copies of the notification to Contracting Officer, Contracting Specialist, Contracting Officer Representative, and Manager at Product Recall Office, all Agencies and VA Facilities who purchased the product, which include, but not be limited to the following:

(1) Complete item description and/or identification, order numbers from customers and the contract number assigned as a result of an issuance on the solicitation;

(2) Reasons for modifications, removal or recall; and

(3) Necessary instructions for return for credit, replacement or corrective action.

5.1.4 A copy of the notification will be provided to:

Manager, Product Recall Office National Center for Patient Safety Veterans Health Administration 24 Frank Lloyd Wright Drive, Lobby M Ann Arbor, MI 48106

5.1.5. A copy of notification will be provided to:

Biomedical Engineer, Center for Engineering & Occupational Safety and Health (CEOSH) (138F), Veterans Health Administration, 1 Jefferson Barracks Rd. Bldg. 65, St. Louis, MO 63125

5.2 TECHNOLOGY REFRESH, ITEM ADDITION, PRICE ADJUSTMENTS AND DELETION

5.2.1 The Contractor shall provide improved items within the awarded product line as appropriate new industry technologies emerge and/or products become obsolete within the first year of contract award or only in the first six months of each option period. A revised product listing and documentation identified below shall be submitted in writing to the CO, CS and COR.

5.2.2 Further, the Contractor shall ensure that all products offered must meet ISO and IEC standard 60601-1-1 or current standard in effect. All improved, enhanced, or replacement products shall contain the manufacturer’s commercial warranty.

5.2.3 The Contractor shall ensure that all upgraded improved/replaced products meet American with Disabilities Act (ADA) and Health Information Portability and Accountability Act (HIPAA) Federal requirements.

5.2.4 The Contractor shall provide the following information to the CO, CS and COR for review and approval:

(1) A complete modification request form that includes a list of specific awarded item(s) to be updated or/and added in the Attachment 2 –Schedule of Supplies;

(2) Product literature for the item(s);

(3) A detailed description of the differences or benefits of products refreshed as compared to the item(s) being discontinued or added;

(4) Proper identification of any product requirements and/or procedures related to those product(s) proposed;

(5) Literature from manufacturer, and if a distributor also provides the manufacturer’s correspondence stating product meets ISO and IEC standard 60601-1-11or current standard in effect;

(6) Provide historical sales to VA by item(s) (if applicable), and

(8) Copy of commercial warranty.

5.2.5 If approved, new items may be added to the contract via bilateral modification to contract and negotiation of pricing so long as items are within scope and pricing is determined fair and reasonable.

5.2.5.1 Item Additions: In addition to the items that are included in the initial award, the Government may add items to the contract that meet the scope outlined in the Product Description and which are determined to have a fair and reasonable price. New additions will not be accepted during year one of the period of performance. The Contractor may request addition of new items as outlined by the Contracting Officer.

5.2.5.2 Administration of Additions: Any requested additions must be approved by the Contracting Officer and CSAS before they may be offered under the contract. In order to be considered, any addition request must include a completed spreadsheet using Attachment 2 - Schedule of Supplies with all required information completed. Additionally, other than cost or pricing data must be provided that supports the offered pricing. The items requested may go through the same evaluation procedures as items under the initial proposal evaluation. Approval of addition requests shall be implemented by issuance of a contract modification along with the updated Attachment 2 - Schedule of Supplies incorporating all additions. The Government reserves the right to not accept new additions.

5.2.5.3 Item Price Adjustments: At any time during the performance of this contract, the Contractor may request changes to the price of an item already on the contract. In order to be considered, any change request must include a completed spreadsheet using the Attachment 2 – Schedule of Supplies with all required information completed. An acceptable explanation of why the change is required shall be submitted to support the request. No price increase will be considered in year one of the contract. Contractors will be notified of approval of any change requests through issuance of a contract modification.

5.2.5.4 Item Deletions: At any time during the performance of this contract, the Government may elect to delete any item or items at no cost to the Government. Also, at any point during contract performance the Contractor may submit a request to delete items from the contract based on the items being obsolete, unavailable, out of production or superseded. All deletions from the contract shall be at no cost to the Government. Deletions cannot occur during the first year of the contract. Vendors will be notified of approval of any deletion requests through issuance of a contract modification and an updated Attachment 2 – Schedule of Supplies.

5.3 NOTIFICATION OF SUBSTITUTED AND BACK-ORDERED ITEMS

5.3.1 The Contractor shall notify the authorized purchaser point of contact within one (1) business day for non-emergency orders and within four (4) hours of an emergency order if any parts/materials cannot be delivered in accordance with the individual delivery order requirements. To ensure that the correct items are shipped, the Contractor shall not substitute items without prior approval by order point of contact. Instances where the Contractor cannot meet the Government’s requirement(s), the Contractor shall notify the order point of contact of the shortest delivery period available. If the Contractor’s shortest delivery period is not acceptable to the Government, the Government reserves the right to procure the item(s) from other sources.

5.4 ORDERING INFORMATION

5.4.1 VA CSAS (or duly appointed ordering officers at the DLC) are authorized to place delivery orders directly with the Contractor. Delivery orders will include the specific item description, item quantities and product number contained in the contract. Delivery orders will also provide delivery information and any other special instructions in accordance with the terms and conditions of the contract.

5.4.2 Purchases made under this contract by the VA CSAS (or by duly appointed ordering officers at the DLC), for delivery to the address shown in 5.6, below, will be made at the contract price, which includes shipping. All delivery orders shall be subject to the terms and conditions of this contract. In the event of any conflicts between contract and delivery order terms shall resolved giving preference to the contract.

Note: Delivery will be made to the DLC, not to individual VA or Prime Vendor locations.

All orders will come from DLC to the vendor.

5.4.3 Contractors will receive orders via Computer-to-Computer Electronic Data Interchange (EDI), FAX, or Email. The Contractor must confirm receipt of delivery orders from VA CSAS (or duly appointed ordering officers at the DLC).

5.4.3.a EDI. The Offeror must indicate the name, address, and telephone number of the representative to be contacted regarding establishment of an EDI interface.

NAME: ________________________________

ADDRESS: _____________________________

TELEPHONE: ___________________________

FAX: ___________________________________

EMAIL ADDRESS: ________________________

5.4.3.b Facsimile Transmission. Indicate the telephone number(s) and point of contact where orders should be forwarded. The Contractor must confirm receipt of delivery orders from VA CSAS (or duly appointed ordering officers at the DLC) via e-mail or fax within two (2) business days.

NAME: ________________________________

ADDRESS: _____________________________

TELEPHONE: ___________________________

FAX: ___________________________________

EMAIL ADDRESS: ________________________

5.4.4.c Email. The below-named individuals are designated by the contractor to receive delivery orders placed via email:

NAME: ________________________________

ADDRESS: _____________________________

TELEPHONE: ___________________________

5.5 SHIPPING REQUIREMENTS

5.5.1 The shipping container shall be clearly marked to indicate the following:

5.5.2 A packing list, which includes the description of material shipped, including name of item, item number, quantity, number of containers, and package number (if any). If the shipment is a partial shipment, the packing list must indicate the quantity(ies) delivered and the balance remaining to be delivered.

5.5.3 If more than one order is shipped per container, each order shall be packaged in a separate container or package and must contain an individual packing list, as specified above, for that order.

5.5.4 Items supplied under the contract shall be individually commercial packaged in a manner which insures arrival at destination in a satisfactory condition (not damaged due to packaging failures during normal handling) for further redistribution to individual users. Packaging shall not include cross-selling literature for other products, which have not been specifically awarded.

5.6 DELIVERY REQUIREMENTS

(a) Delivery schedule specified on delivery orders issued against resultant contract is the date material is due, not the shipping date. Orders may be shipped early to ensure delivery prior to the due-in date. All orders must be received within 15 days after receipt of orders.

(b) Partial deliveries are authorized; however, the complete order is due within the agreed contract delivery period. Any items not received within the agreed period will be considered delinquent.

(c) Deliveries to VA Denver Logistics Center (DLC) can be made to the following address:

Department of Veterans Affairs, Denver Logistics Center 555 Corporate Circle Golden CO 80401-5621

(d) Urgent Delivery. When the contract delivery schedule does not meet the urgent delivery requirements, the VA CSAS may contact the Contractor for the purpose of obtaining accelerated delivery. The Contractor shall reply to the inquiry within one (1) workday after receipt (The Contractor shall confirm telephonic replies in writing). If the Contractor agrees to accelerate the delivery, the ordering facility would be responsible only for the difference between the standard shipping charges and any excess charges related to the accelerated delivery.

5.7. INSPECTION AND ACCEPTANCE

5.7.1 The acceptance paragraph in FAR 52.212-4(a) is based upon the assumption that the Government will rely on the Contractor’s assurances that the commercial item tendered for acceptance conforms to the IDIQ requirements. The Government’s inspection of commercial items will not prejudice its other rights under the acceptance paragraph.

5.8 REPLACEMENT WITH ALTERNATE SUPPLIES

5.8.1 The Contractor agrees to supply established item(s) to satisfy the Government’s requirement when an order is placed under the contract during the duration of the effective period of the contract. If, however, Contractor determines to terminate production or supply of the selected item and contemplates replacement with alternative item, the Government reserves the right to evaluate the potential replacement item(s). There is no guarantee that the Government will evaluate any replacement item(s) favorably. If the Government determines the replacement item(s) as unacceptable, the individual item(s) may be cancelled.

5.9 REPORTS

5.9.1 The Contractor shall provide the following reports identified in this section as part of contract administration. Contractors will not be compensated directly by the Government for the preparation and delivery of the requisite reports for the duration of the contract, including the contract base period and all option periods and extended performance periods if applicable.

5.10 FOOD AND DRUG ADMINISTRATION (FDA), IF APPLICABLE, INTERNATIONAL STANDARDS ORGANIZATION (ISO) and INTERNATIONAL ELECTROTECHNICAL COMMISSION (IEC)

5.10.1 The Contractor shall not have any outstanding actions from the FDA, ISO, IEC or other regulatory agencies or unresolved FDA, ISO, or IEC warning letters on the manufacturing processes or quality control issues involving the products covered by this contract within the last three years. VA will require proof from the Contractors that the FDA, ISO, or IEC issues have been resolved. A letter to the Contractor from the regulatory agency, ISO or IEC will meet this requirement. Items involved in a recall cannot be added into this contract via modification until the recall is resolved. A distributor shall obtain FDA, ISO, or IEC warning and resolution letters from manufacture, as applicable. However, once the contract is in effect, if the Contractor found to have an issue from FDA, ISO, IEC or other regulatory agencies shall notify the contracting office of the issue and resolution.

5.11 CUSTOMER SERVICE INFORMATION

5.11.1 Offeror must provide the name, telephone number and e-mail address of individuals that can be contacted for product information, delivery status, product returns, invoicing and payment issues, etc.

POINT OF CONTACT FOR CUSTOMER SERVICE / PRODUCT SUPPORT

NAME: ________________________________

ADDRESS: _____________________________

TELEPHONE: ___________________________

FAX: ___________________________________

EMAIL ADDRESS: ________________________

5.12 PERFORMANCE METRICS

5.12.1 The performance requirement summary below defines the performance standards and acceptable performance levels associated with this IDIQ contract and resulting orders. The Contractor’s performance shall be evaluated based on standards in table below.

5.12.2 The Contractor shall monitor performance against the terms and conditions outlined in the contract. Contractor performance will be monitored and measured using CPARS at the end of the contract or when necessary.

36C79121R0015

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SECTION C - CONTRACT CLAUSES

C.1 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that—

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of Provision)

C.2 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

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

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

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

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

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose.