36C79125RXXXX - Draft Solicitation.docx

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DRAFT RFP - DEPARTMENT OF VETERANS AFFAIRS - POSITIVE AIRWAY PRESSURE DEVICES AND ACCESSORIES
Solicitation number
36C79125Q0029
Issued by

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This document is a Draft Request for Proposal (RFP) for the Department of Veterans Affairs' Positive Airway Pressure (PAP) Devices and Accessories Recompete procurement. The solicitation covers multiple types of PAP devices including Auto-Titrating Continuous APAP, Adaptive Servo-Ventilation (ASV), Bi-Level Positive Airway Pressure (BPAP), and Volume Assured Pressure Support (VAPS) machines, along with associated accessories like filters, tubing, water chambers, interfaces, mask liners, and chin straps. The procurement is structured as a multiple award, firm-fixed-price indefinite delivery/indefinite quantity (IDIQ) contract with a base period of five years and one five-year option period, totaling a potential 10-year contract with a maximum value of $7.8 billion.

The solicitation uses a tiered set-aside approach prioritizing Service-Disabled Veteran-Owned Small Businesses (SDVOSB) and Veteran-Owned Small Businesses (VOSB), with a maximum of nine models per manufacturer for PAP devices and twelve models for facial interfaces. An Industry Day is scheduled for November 4-5, 2025, where companies can discuss inquiries via teleconference. Vendors must submit questions by October 13, 2025, and RSVP for the Industry Day by October 3, 2025. The draft solicitation emphasizes technical requirements, warranty standards, data transmission capabilities, and compatibility across different PAP device types, with a focus on meeting Veterans' medical needs through advanced sleep apnea treatment technologies.

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36C79126R0XXX

Department of Veterans Affairs - Positive Airway Pressure Devices and Accessories Recompete This solicitation is a draft; hence no proposals are being requested or will be accepted in response to this draft solicitation.

An Industry Day is scheduled to follow this draft RFP to allow industry an opportunity to address questions and or concerns related to this draft solicitation. The Industry Day will include NAC, CSAS Contracting, PSAS Program Manager, Subject Matter Experts and other government stake holders who helped develop this requirement.

Each company will be allotted one hour and forty-five minutes in a one-on-one basis to discuss topics related to their inquiries and concerns. Please provide all questions and concerns in written form to Jonathan.saiz@va.gov NLT 10/13/2025.

Please RSVP for this industry day NLT 10/03/2025, with the names and titles of all who plan to attend.

Date: 11/04/2025 – 11/05/2025
Time: 09:00am – 03:30pm MST
Location: The industry day will occur via teleconference. The phone number will

be provided once the company is RSVP’d, as will the schedule.

Please note that while all questions will be heard, not all questions may be answered if the answer gives the perspective of contracting integrity concerns. Answers to questions will be provided in an amendment to the draft solicitation NLT 11/15/2025.

All attachments are imbedded in section D, please do not fill out the attachments as no proposals will be accepted.

DISCLAIMER

This RFI is issued solely for information and planning purposes only and does not constitute a solicitation. All information received in response to this RFI that is marked as proprietary will be handled accordingly. In accordance with FAR 15.201(e), responses to this notice are not offers and cannot be accepted by the Government to form a binding contract. Responders are solely responsible for all expenses associated with responding to this RFI.

Table of Contents

DISCLAIMER1
A.2 ABBREVIATIONS6
A.3 NOTES TO OFFERORS7
A.4 SAM.GOV UEI / CAGE CODE7
A.5 ACKNOWLEDGMENT OF AMENDMENTS7
SECTION B - CONTINUATION OF SF 1449 BLOCKS9
B.1 CONTRACT ADMINISTRATION DATA9
B.2 INVOICING PROCEDURES10
B.3 VENDOR ELECTRONIC INVOICE SUBMISSION METHODS11
B.4 ELECTRONIC DATA INTERCHANGE12
Invoice Submission Requirements12
EDI Introduction12
VENDOR EDI EXCHANGE12
PROPER INVOICE SUBMISSION REQUIREMENTS13
INVOICE INQUIRIES & REPORTS13
INVOICE REPORTS14
INVOICE ISSUES14
B.5 BACKGROUND14
B.6 PURPOSE, OBJECTIVE AND SCOPE14
B.7 SCHEDULE OF ITEMS16
Description: See solicitation’s Attachment D for the Minimum Technical Requirements (MTR) for the items listed above.25
B.8 TECHNICAL REFRESHMENT25
B.9 Additional Items25
B.10 MINIMUM WARRANTY REQUIREMENTS25
B.11 COMMERCIAL WARRANTY26
B.12 ORDERING PROCEDURES26
B.13 GUARANTEED MINIMUM27
B.14 CONTRACT CEILING AMOUNT27
B.15 PAP DEVICE/ASSOCIATED ACCESSORIES SELECTION (FAIR OPPORTUNITY PROCESS)28
B.16 SHIPPING REQUIREMENTS28
B.17 DELIVERY INFORMATION29
B.18 RETURN MERCHANDISE AUTHORIZATION (RMA)29
B.19 PRODUCT RECALLS30
SECTION C - CONTRACT CLAUSES32
C.1 52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—PROHIBITION (DEC 2023)32
C.2 FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)36
C.2 FAR 52.211-9 - (TAILORED) DESIRED AND REQUIRED TIME OF DELIVERY (JUNE 1997)42
C.3 FAR52.216-2 ECONOMIC PRICE ADJUSTMENT-STANDARD SUPPLIES (Nov 2021)43
C.4 FAR 52.216-18 ORDERING (AUG 2020)44
C.5 FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)45
C.6 FAR 52.216-22 INDEFINITE QUANTITY (OCT 1995)45
C.8 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)46
C.9 FAR 52.219-14 LIMITATIONS ON SUBCONTRACTING (Oct 2022)46
C.10 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)48
C.11 ELECTRONIC NAMING CONVENTION AND TEXT FILE49
C.12 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)49
C.13 852.219-73 VA Notice of Total Set-Aside for Verified Service-Disabled Veteran-Owned Small Businesses.49
C.14 852.219-74 VA Notice of Total Set-Aside for Verified Veteran-Owned Small Businesses.52
C.15 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING – CERTIFICATE OF COMPLAINCE FOR SUPPLIES (Nov 2022)55
C.16 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)57
(End of Clause)59
C.18 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)59
C.19 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)59
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS69
ATTACHMENT A71
ATTACHMENT B71
ATTACHMENT C71
ATTACHMENT D71
PRICE SCHEDULE71
71
ATTACHMENT E71
ATTACHMENT F72
ATTACHMENT G73
ATTACHMENT H77
ATTACHMENT I78
SECTION E - SOLICITATION PROVISIONS78
E.1 52.212-1 - INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)78
(End of Provision)82
E.6 FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)92
E.7 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)93
E.8 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)93
E.10 SPECIFIC INSTRUCTIONS TO OFFERORS REGARDING PROPOSAL PREPARATION96
E.11 DESCRIPTIVE LITERATURE99
E.12 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)100
E.13 FAR 52.209-12 CERTIFICATION REGARDING TAX MATTERS (OCT 2020)101
E.14 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)101
E.15.1 ADDENDUM - EVALUATION APPROACH103
E.16 FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS— COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES. (MAY 2024)108
(End of Provision)127
E.17 FAR 52.225-1 BUY AMERICAN SUPPLIES (Oct 2022)127
E.18 52.225-2 BUY AMERICAN CERTIFICATE (OCT 2022)129

SECTION A

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

A.2 ABBREVIATIONS

As used through this solicitation, the following abbreviations, words or terms are used as defined.

Abbreviations

ADASAssociate Deputy Assistant Secretary
CD-ROMCompact Disc-Read-Only Memory
CSASCommodities and Services Acquisition Service
CLINContract Line Item Number
CFRCode of Federal Regulations
DLSDenver Logistics Services
DUNSData Universal Number System
EDIElectronic Data Interchange
EFTElectronic Funds Transfer
FARFederal Acquisition Regulation
FOBFree on Board
GAOGeneral Accountability Office
GSAGeneral Services Administration
HCPCSHealthcare Common Procedural Coding System
IRSInternal Revenue Service
NAICSNorth American Industry Classification System
Pub LPublic Law
OMBOffice of Management and Budget
PPIRSPast Performance Information Retrieval System

SAM System for Award Management SB Small Business SDB Small Disadvantaged Business SDC Service and Distribution Center

SDVOSBService-Disabled Veteran-Owned Small Business
SFStandard Form
TINTaxpayer Identification Number
USUnited States
USCUnited States Code
VADepartment of Veterans Affairs
VAARVeterans Affairs Acquisition Regulation
VOSBVeteran Owned Small Business
WTO GPAWorld Trade Organization Government Procurement Agreement

A.3 NOTES TO OFFERORS

(a) See Section E for instructions regarding proposal requirements and information.

(b) The Price Schedule and Technical Requirements are at Section B.4.

(c) Offers will be received at the address specified in Block 9 of SF 1449, until the date and time specified in Block 8. CAUTION - LATE Submissions, modification, and Withdrawals: See provision 52.212-1 in Section E. All offers are subject to all terms and conditions of this solicitation.

(d) This acquisition will be conducted using tiered set-aside approach (IAW VA Procurement Policy Memorandum 2018-04 (and in compliance with 38 U.S.C 8127 and VA Rule of Two) giving a priority preference to SDVOSB/VOSB firms.

A.4 SAM.GOV UEI / CAGE CODE

(a) Offeror must provide a sam.gov Unique Entity Identification (UEI): ____________________

(b) Offeror must provide a valid CAGE Code: ___________________

A.5 ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NUMBER
EFFECTIVE DATE

A.6 NAICS CODE: The NAICS code for this solicitation is 339113 –Surgical Appliance and Supplies Manufacturing. The small business size standard for this NAICS code is 800 employees.

(a) Offeror must certify business size for NAICS code 339113 (e.g., Large / Small): __________

(b) Offeror must certify small business socio-economic sub-category status (if applicable):

[ ] WOSB

[ ] VOSB

[ ] SDVOSB

[ ] HUBZone

[ ] 8(a)

Page 1 of Page 1 of

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

The Contractor shall contact the Contracting Officer on all matters pertaining to administration. Only the Contracting Officer is authorized to make commitments or issue changes that will affect the terms and conditions of the contract.

(a) Contractor shall maintain a current letter designating primary or primary/alternate point of contact(s) with contractual authority to be contacted for prompt contract administration.

Designation should be on company letterhead with the following information:

Name Address Phone Number E-Mail

(b) Customer Service Information: Contractor shall provide the name, telephone number and email address of individual that can be contacted for product information:

POINT OF CONTACT FOR CUSTOMER SERVICE / PRODUCT SUPPORT

Name Address Phone Number E-Mail

(c) Government Agency: The Government Representative for this RFQ and requirement is:

Contract Specialist: Jonathan Saiz Phone No: 720-497-2329 Fax No: 303-215-9074 E-mail Address: jonathan.saiz@va.gov

Contracting Officer: Maurice Walker Phone No: 303-273-6217 Fax No: 303-215-9074 E-mail Address: maurice.walker@va.gov

Mailing:

Department of Veterans Affairs / Denver Logistics Service PO Box 25166 Denver, Colorado 80225-0166

Federal Express Address:

555 Corporate Circle, Golden, CO 80401

(d) CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[X]52.232-34, Payment by Electronic Funds Transfer -
Other than System for Award Management or

[] 52.232-36, Payment by Third Party

B.2 INVOICING PROCEDURES

(a) Invoices shall be submitted in arrears as supplies are ordered:

Quarterly[ ]
Semi-Annually[ ]
Other[X] per order after receipt and acceptance

(b) Invoices must match any partial orders shipped.

(c) Invoices for payment shall be IAW FAR 52.212-4(g).

(d) GOVERNMENT INVOICE ADDRESS: All invoices from the contractor shall be sent IAW VAAR Clause 852.232-72 Electronic Submission of Payment Requests (NOV 2018), and the following business processes regarding invoicing.

1. Invoices submitted for payment shall be in accordance with FAR 52.212-4(g) and shall be submitted in arrears as supplies are ordered. Payment will occur after supplies are received and accepted.

B.3 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.

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: at https://www.tungsten-network.com/customer-campaigns/veteransaffairs/ to begin submitting electronic invoices, for free.

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

PROPER INVOICE SUBMISSION REQUIREMENTS

Submission of a proper invoice shall include the following data in the invoice for it to constitute a proper invoice:

1.Name and address of the contractor
2.Invoice date and number
3.Delivery Order Number
4.Contract Number
5.Contract Line-Item number, description, quantity, unit of measure, price, and total of supplies delivered.
6.Cumulative billing (per line item and total)
7.Proof of supplies delivered, MUST also be provided
8.Signature, printed name, and title of Government receiving official, and date of delivery must be included or accompany with invoice.

INVOICE REPORTING AND INQUIRY

Contractors seeking invoice or payment status can log into their Tungsten Network Account. Please direct invoice inquiries to both the FSC and Contracting Officer/Specialist:

Email Address: vafsccshd@va.govPhone: 1-877-353-9791, prompt #2: Commercial Vendor, Veteran Readiness & Employment

B.4 ELECTRONIC DATA INTERCHANGE

Invoice Submission Requirements 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 through the EDI exchange. The invoices submitted for payment shall be in accordance with FAR 52.212-4(g) and shall be submitted in arrears as supplies are ordered.

EDI Introduction EDI capabilities for exchange of order transactions under this contract are managed through the VA Financial Service Center (FSC). The offeror shall become EDI-capable with the respect to FSC systems, the offer must complete EDI section on Attachment 5-Key Personnel to provide offeror point of contact for this requirement.

Contractors will receive orders via Computer-to-Computer Electronic Data Interchange (EDI). The Contractor must confirm receipt of delivery orders from VA CSAS (or duly appointed ordering officers at the DLC). See Section XXX Ordering Information for further details.

VENDOR EDI EXCHANGE

The Department of Veterans Affairs published a final rule in the Federal Register on November 27, 2012, to require contractors to submit payment requests in electronic form in order to enhance customer service, departmental productivity, and adoption of innovative information technology, including the appropriate use of commercial best practices. The rule is effective December 27, 2012. Federal Register - November 27, 2012 . The ECB will provide additional guidance on formats and implementation of the EDI transactions exchanged between VA and the contractor as needed. The ECB is empowered to partner with contractors to implement EDI solutions which support the VA/DLC mission.

VA FSC Electronic Commerce Branch (ECB) – ANSI X-12 v5010 format VA FSC will provide the vendor an 810 v5010 Implementation Guide.

To request the EDI direct to VA FSC ECB solution contact our Electronic Data Interchange (EDI) team at VAFSCEDIFinTeam@va.gov or by calling 512-460-5311 Electronic Data Interchange (EDI) according to the ANSI X.12 standard, v.5010 (or later versions) is [‘required’ or ‘preferred’] for the exchange of authorized purchase orders and change orders, as well as invoices and credit memos. Invoices and credit memos must be transmitted in accordance with the “810 Invoice Transaction Set”.

Purchase orders must be transmitted in accordance with the “850 Purchase Order Transaction Set” and include a corresponding 855 acknowledgement.

Change orders must be transmitted in accordance with the “860 Purchase Order Change Request-Buyer Initiated Transaction Set” and include a corresponding 865 acknowledgement.

In addition, all transmissions must be acknowledged by the ANSI X.12 “997 Functional Acknowledgement” in order to track and identify specific transmission problems; use of the 997 will be governed by EDI best practices as identified in further guidance by the VA FSC Electronic Commerce Branch (ECB).

PROPER INVOICE SUBMISSION REQUIREMENTS

Submission of a proper invoice shall include the following data in the invoice for it to constitute a proper invoice:

1. Name and address of the contractor

2. Invoice date and number

3. Purchase Order Number

4. Contract Number

5. Contract Line-Item number, description, quantity, unit of measure, price, and total of supplies delivered.

6. Cumulative billing (per line item and total)

7. Proof of supplies delivered, MUST also be provided

8. Signature, printed name, and title of Government receiving official, and date of delivery must be included or accompany with invoice.

INVOICE INQUIRIES & REPORTS

Inquiries on contract invoice payments and credits will be through the Customer Engagement Portal. The Customer Engagement Portal is a reporting tool for Contractors to verify the status of payments and to run payment reconciliation reports. Contractors will use the following portal to submit VA Form 10091 (Vendor Set Up and Update Form) electronically.

By enrolling with our Customer Engagement Portal (CEP) you’ll be able to:

· Access the website 24 hours a day/ 365 days of the year

· Obtain payment information for paid commercial invoices

· Query for status and reject/denial reasons

· Identify payments that were offset by an unsettled Federal debt

· Request access for up to 100 tax IDs at a time *1 request per tax ID

· Receive systematic approvals for quicker access

· View information on claims processed in VA’s new claim processing system To start enjoying the wonderful, convenient benefits of this web portal, please register at: https://www.cep.fsc.va.gov/. For additional inquiries concerning the Customer Engagement Portal (CEP), please call 1-877-353-9791 or email our customer support at: vafsccshd@va.gov.

INVOICE REPORTS

The Contractor shall provide a quarterly invoice report. The invoice report is a report of all tendered invoices under this contract. The report should be submitted quarterly via email to the CO/COR using Attachment 6- Quarterly Invoice Report Template.

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.

INVOICE ISSUES

Please direct invoice issues to both the Senior Accountant and Contracting Officer/Specialist:

Mail: VA Denver Logistics Center Senior Accountant P.O. Box 25166 Denver, CO 80225-0166

Federal Express Address: 555 Corporate Circle Golden, CO 80401 Email Address: dalc.fiscal@va.gov Phone: 303-273-6230 or 303-273-6231 Fax: 303-215-9140

B.5 BACKGROUND

The Department of Veterans Affairs (VA) Commodities and Services Acquisition Service (CSAS) and the Denver Logistics Service (DLS) manage holistic supply chain management for the VA National Audiology, Prosthetics, and Telehealth Programs and supports VA and other Government agencies with professional acquisition and logistical services.

The VA CSAS and the DLS currently have a continued requirement for the procurement of Positive Pressure Airway (PAP) devices and associated accessories and replacement parts i.e. facial interfaces and mask liners. The PAP devices and accessories will be stocked at and distributed from the VA Service and Distribution Center (SDC) to supply and for subsequent issue to Veteran patients. More than 50% of all Veterans treated for sleep apnea in the VA receive PAP devices and associated accessories.

The purpose of this solicitation is to obtain PAP technologies while securing a continuous supply of products to support usage of these technologies in VA clinical programs such as Sleep Medicine, Respiratory Care, and others.

B.6 PURPOSE, OBJECTIVE AND SCOPE

(a) PURPOSE:

The VA's purpose under this requirement is to obtain PAP technologies while securing a continuous supply of products to support usage in VA clinical programs such as Sleep Medicine, Respiratory Care, and others. These items are purchased by the VA CSAS and DLS for stocking at the SDC. The SDC then distributes and assigns the products to individual VA Medical Centers (VAMCs) with subsequent issue to Veteran patients. The delivery, registration, and activation of items procured under this contract, along with invoicing requirements and payment procedures, are identified by the DLS and its respective business functions, therefore providing the contractor with a single point of contact for all activity under the contract.

(b) OBJECTIVE:

The objective is to award multiple firm-fixed price (FFP) indefinite delivery indefinite quantity (IDIQ) contracts. The contracts will consist of a five (5)-year base period encapsulating five (5) 52-week ordering periods, and one (1) five (5)-year option period encapsulating five (5) 52-week ordering periods. This will equate to a 10-year cradle to grave MAS acquisition. Option period will or will not be exercised at the sole discretion of the Government.

(c) SCOPE:

1. The scope of the contract is the procurement of PAP devices and associated accessories/replacement parts, Facial Interfaces and Mask Liners.

More than one award may be made for each Contract Line-Item Number (CLIN) to offerors whose proposal conform to the terms and conditions of the solicitation and is determined be to the Lowest Price Technically Acceptable (LPTA) offer for each CLIN. However, more than one award may be made for any particular PAP device and/or Facial Interface Make and Model selected in order to ensure demand is met. An offeror may receive an award for more than one CLIN.

2. Contracted items will be ordered from time to time and in such quantities as needed to fill agency requirements in accordance with current applicable supply procedures. As stated in section B.7 below, there is a $5,000 minimum guarantee to the offerors awarded contracts as a result of this solicitation. There is no guarantee that a specified quantity of line items will be ordered during the duration of the subsequent contracts.

3. Prices shall remain fixed for this multi-year, 10-year requirement as identified in the Price Schedule. Due to the nature of multi-year contracts, economic price adjustments (EPA) will be applicable and IAW clause FAR 52.216-2 in section C of this solicitation. One (1) upward adjustment is allowed per ordering period but must be requested by the awardee and submitted to the Contracting Officer 90 days prior to the effective date of the upcoming ordering period in which said upward adjust would take effect. The approval of the request is subject to a price reasonableness determination conducted by the Contracting Officer. Other than certified pricing data may be requested to aid in the determination of the price reasonableness determinations. Failure to provide requested information IAW FAR 52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data will result in the EPA upward adjustment being denied.

4. Due to the potentially long duration of the subsequent contracts awarded off of this solicitation, a technical refresh may be granted once every ordering period to capture the inevitable progress of technology and science encompassing this requirement throughout the entire potential 10-year period of performance. The technical refresh will ensure Veterans will be afforded the opportunity to receive care with the best version of the technology procured through the subsequent contracts awarded from this solicitation during the potential 10-year period of performance. Technology updates will be subject to technical acceptability and price reasonableness determination IAW with the technical acceptability determination and EPA price reasonableness determination requirements of this solicitation.

5. Estimated Contract period(s) of performance:

Base Period:February 15, 2026, through February 14, 2031
Order Period I:February 15, 2026, through February 14, 2027
Order Period II:February 15, 2027, through February 14, 2028
Order Period III:February 15, 2028, through February 14, 2029
Order Period IV:February 15, 2029, through February 14, 2030
Order Period V:February 15, 2030, through February 14, 2031
Option Period:February 15, 2031, through February 14, 2036
Order Period I:February 15, 2031, through February 14, 2032
Order Period II:February 15, 2032, through February 14, 2033
Order Period III:February 15, 2033, through February 14, 2034
Order Period IV:February 15, 2034, through February 14, 2035
Order Period V:February 15, 2035, through February 14, 2036

B.7 SCHEDULE OF ITEMS

(a) The following CLINs and SUBCLIN identify the products required by this solicitation:

Base Period, February 15, 2026 - February 14, 2031

CLIN #
RESPIRATORY EQUIPMENT Nomenclature (HCPC)
Ordering Period 1
Ordering Period 2
Ordering Period 3
Ordering Period 4
Ordering Period 5
TOTAL QTY
QTY
QTY
QTY
QTY
QTY
CLIN 0001
AUTO TITRATING CONTINUOUS APAP (E0601)
SUBCLIN 0001AA
AUTO TITRATING CONTINUOUS APAP (E0601)
93,240
93,240
93,240
93,240
93,240
466,200
SUBCLIN 0001AB
MACHINE FILTERS, STANDARD
514,821
514,821
514,821
514,821
514,821
2,574,105
SUBCLIN 0001AC
MACHINE FILTERS, HYPOALLERGENIC
357,705
357,705
357,705
357,705
357,705
1,788,525
SUBCLIN 0001AD
TUBING, STANDARD
607,644
607,644
607,644
607,644
607,644
3,038,220
SUBCLIN 0001AE
TUBING, HEATED
570,069
570,069
570,069
570,069
570,069
2,850,345
SUBCLIN 0001AF
WATER CHAMBERS, STANDARD
633,410
633,410
633,410
633,410
633,410
3,167,050
SUBCLIN 0001AG
SD CARD (10 PK)
864
864
864
864
864
4,320
SUBCLIN 0001AH
POWER CHORD
1,625
1,625
1,625
1,625
1,625
8,125
SUBCLIN 0001AI
POWER SUPPLY
4,267
4,267
4,267
4,267
4,267
21,335
CLIN 0002
ADAPTIVE SERVO-VENTILATION (ASV) MACHINE (E0471)
SUBCLIN 0002AA
ADAPTIVE SERVO-VENTILATION (ASV) MACHINE (E0471)
3,912
3,912
3,912
3,912
3,912
19,560
SUBCLIN 0002AB
MACHINE FILTERS, STANDARD
22,880
22,880
22,880
22,880
22,880
114,400
SUBCLIN 0002AC
MACHINE FILTERS, HYPOALLERGENIC
15,898
15,898
15,898
15,898
15,898
79,490
SUBCLIN 0002AD
TUBING, STANDARD
27,006
27,006
27,006
27,006
27,006
135,030
SUBCLIN 0002AE
TUBING, HEATED
25,336
25,336
25,336
25,336
25,336
126,680
SUBCLIN 0002AF
WATER CHAMBERS, STANDARD
28,151
28,151
28,151
28,151
28,151
140,755
SUBCLIN 0002AG
SD CARD (10 PK)
38
38
38
38
38
190
SUBCLIN 0002AH
POWER CHORD
72
72
72
72
72
360
SUBCLIN 0002AI
POWER SUPPLY
189
189
189
189
189
945
CLIN 0003
BI-LEVEL POSITIVE AIRWAY PRESSURE MACHINE (BPAP) (E0470) AUTO-ADJUSTING BI-LEVEL (V-AUTO) CAPABILITIES:
SUBCLIN 0003AA
BI-LEVEL POSITIVE AIRWAY PRESSURE MACHINE (BPAP) (E0470) AUTO-ADJUSTING BI-LEVEL (V-AUTO) CAPABILITIES:
1,244
1,244
1,244
1,244
1,244
6,220
SUBCLIN 0003AB
MACHINE FILTERS, STANDARD
8,580
8,580
8,580
8,580
8,580
42,900
SUBCLIN 0003AC
MACHINE FILTERS, HYPOALLERGENIC
5,961
5,961
5,961
5,961
5,961
29,805
SUBCLIN 0003AD
TUBING, STANDARD
10,127
10,127
10,127
10,127
10,127
50,635
SUBCLIN 0003AE
TUBING, HEATED
9,501
9,501
9,501
9,501
9,501
47,505
SUBCLIN 0003AF
WATER CHAMBERS, STANDARD
10,556
10,556
10,556
10,556
10,556
52,780
SUBCLIN 0003AG
SD CARD (10 PK)
14
14
14
14
14
70
SUBCLIN 0003AH
POWER CHORD
27
27
27
27
27
135
SUBCLIN 0003AI
POWER SUPPLY
71
71
71
71
71
355
CLIN 0004
BI-LEVEL POSITIVE AIRWAY PRESSURE MACHINE (BPAP) (E0470) FIXED-PRESSURE BI-LEVEL (S) CAPABILITIES:
SUBCLIN 0004AA
BI-LEVEL POSITIVE AIRWAY PRESSURE MACHINE (BPAP) (E0470) FIXED-PRESSURE BI-LEVEL (S) CAPABILITIES:
1,244
1,244
1,244
1,244
1,244
6,220
SUBCLIN 0004AB
MACHINE FILTERS, STANDARD
8,580
8,580
8,580
8,580
8,580
42,900
SUBCLIN 0004AC
MACHINE FILTERS, HYPOALLERGENIC
5,961
5,961
5,961
5,961
5,961
29,805
SUBCLIN 0004AD
TUBING, STANDARD
10,127
10,127
10,127
10,127
10,127
50,635
SUBCLIN 0004AE
TUBING, HEATED
9,501
9,501
9,501
9,501
9,501
47,505
SUBCLIN 0004AF
WATER CHAMBERS, STANDARD
10,556
10,556
10,556
10,556
10,556
52,780
SUBCLIN 0004AG
SD CARD (10 PK)
14
14
14
14
14
70
SUBCLIN 0004AH
POWER CHORD
27
27
27
27
27
135
SUBCLIN 0004AI
POWER SUPPLY
71
71
71
71
71
355
CLIN 0005
AUTO-TITRATING BI-LEVEL POSITIVE AIRWAY PRESSURE MACHINE WITH BACK-UP RATE (S/T, S/T-A) (BPAP) (E0470)
SUBCLIN 0005AA
AUTO-TITRATING BI-LEVEL POSITIVE AIRWAY PRESSURE MACHINE WITH BACK-UP RATE (S/T, S/T-A) (BPAP) (E0470)
1,244
1,244
1,244
1,244
1,244
6,220
SUBCLIN 0005AB
MACHINE FILTERS, STANDARD
8,580
8,580
8,580
8,580
8,580
42,900
SUBCLIN 0005AC
MACHINE FILTERS, HYPOALLERGENIC
5,961
5,961
5,961
5,961
5,961
29,805
SUBCLIN 0005AD
TUBING, STANDARD
10,127
10,127
10,127
10,127
10,127
50,635
SUBCLIN 0005AE
TUBING, HEATED
9,501
9,501
9,501
9,501
9,501
47,505
SUBCLIN 0005AF
WATER CHAMBERS, STANDARD
10,556
10,556
10,556
10,556
10,556
52,780
SUBCLIN 0005AG
SD CARD (10 PK)
14
14
14
14
14
70
SUBCLIN 0005AH
POWER CHORD
27
27
27
27
27
135
SUBCLIN 0005AI
POWER SUPPLY
71
71
71
71
71
355
CLIN 0006
VOLUME ASSURED PRESSURED MACHINE (VAPS) (E0471)
SUBCLIN 0006AA
VOLUME ASSURED PRESSURED MACHINE (VAPS) (E0471)
1,346
1,346
1,346
1,346
1,346
6,730
SUBCLIN 0006AB
MACHINE FILTERS, STANDARD
8,580
8,580
8,580
8,580
8,580
42,900
SUBCLIN 0006AC
MACHINE FILTERS, HYPOALLERGENIC
5,961
5,961
5,961
5,961
5,961
29,805
SUBCLIN 0006AD
TUBING, STANDARD
10,127
10,127
10,127
10,127
10,127
50,635
SUBCLIN 0006AE
TUBING, HEATED
9,501
9,501
9,501
9,501
9,501
47,505
SUBCLIN 0006AF
WATER CHAMBERS, STANDARD
10,556
10,556
10,556
10,556
10,556
52,780
SUBCLIN 0006AG
SD CARD (10 PK)
14
14
14
14
14
70
SUBCLIN 0006AH
POWER CHORD
27
27
27
27
27
135
SUBCLIN 0006AI
POWER SUPPLY
71
71
71
71
71
355
CLIN #
RESPIRATORY SUPPLIES Nomenclature (HCPC)
Ordering Period 1
Ordering Period 2
Ordering Period 3
Ordering Period 4
Ordering Period 5
TOTAL QTY
QTY
QTY
QTY
QTY
QTY
CLIN 0007
FULL FACE INTERFACES (A7030, A7031, A7027)
CLIN 0007AA
FULL FACE INTERFACES (A7030, A7031, A7027)
2,287,925
2,287,925
2,287,925
2,287,925
2,287,925
11,439,625
SUBCLIN 0007AB
CUSHIONS
428,669
428,669
428,669
428,669
428,669
2,143,345
CLIN 008
NASAL INTERFACES (A7032, A7034)
CLIN 008AA
NASAL INTERFACES (A7032, A7034)
1,217,703
1,217,703
1,217,703
1,217,703
1,217,703
6,088,515
SUBCLIN 0008AB
CUSHIONS
428,669
428,669
428,669
428,669
428,669
2,143,345
CLIN 0009
NASAL PILLOW INTERFACES (A7033, A7034)
CLIN 0009AA
NASAL PILLOW INTERFACES (A7033, A7034)
904,211
904,211
904,211
904,211
904,211
4,521,055
SUBCLIN 0009AB
CUSHIONS
428,669
428,669
428,669
428,669
428,669
2,143,345
CLIN 00010
MASK LINERS (E1399)
68,304
68,304
68,304
68,304
68,304
341,520
CLIN 00011
CHIN STRAPS (A7036)
133,959
133,959
133,959
133,959
133,959
669,795

Option Period 1, February 15, 2031 - February 14, 2036

CLIN #
RESPIRATORY EQUIPMENT Nomenclature (HCPC)
Ordering Period 6
Ordering Period 7
Ordering Period 8
Ordering Period 9
Ordering Period 10
TOTAL QTY
QTY
QTY
QTY
QTY
QTY
CLIN 0001
AUTO TITRATING CONTINUOUS APAP (E0601)
SUBCLIN 0001AA
AUTO TITRATING CONTINUOUS APAP (E0601)
93,240
93,240
93,240
93,240
93,240
466,200
SUBCLIN 0001AB
MACHINE FILTERS, STANDARD
514,821
514,821
514,821
514,821
514,821
2,574,105
SUBCLIN 0001AC
MACHINE FILTERS, HYPOALLERGENIC
357,705
357,705
357,705
357,705
357,705
1,788,525
SUBCLIN 0001AD
TUBING, STANDARD
607,644
607,644
607,644
607,644
607,644
3,038,220
SUBCLIN 0001AE
TUBING, HEATED
570,069
570,069
570,069
570,069
570,069
2,850,345
SUBCLIN 0001AF
WATER CHAMBERS, STANDARD
633,410
633,410
633,410
633,410
633,410
3,167,050
SUBCLIN 0001AG
SD CARD (10 PK)
864
864
864
864
864
4,320
SUBCLIN 0001AH
POWER CHORD
1,625
1,625
1,625
1,625
1,625
8,125
SUBCLIN 0001AI
POWER SUPPLY
4,267
4,267
4,267
4,267
4,267
21,335
CLIN 0002
ADAPTIVE SERVO-VENTILATION (ASV) MACHINE (E0471)
SUBCLIN 0002AA
ADAPTIVE SERVO-VENTILATION (ASV) MACHINE (E0471)
3,912
3,912
3,912
3,912
3,912
19,560
SUBCLIN 0002AB
MACHINE FILTERS, STANDARD
22,880
22,880
22,880
22,880
22,880
114,400
SUBCLIN 0002AC
MACHINE FILTERS, HYPOALLERGENIC
15,898
15,898
15,898
15,898
15,898
79,490
SUBCLIN 0002AD
TUBING, STANDARD
27,006
27,006
27,006
27,006
27,006
135,030
SUBCLIN 0002AE
TUBING, HEATED
25,336
25,336
25,336
25,336
25,336
126,680
SUBCLIN 0002AF
WATER CHAMBERS, STANDARD
28,151
28,151
28,151
28,151
28,151
140,755
SUBCLIN 0002AG
SD CARD (10 PK)
38
38
38
38
38
190
SUBCLIN 0002AH
POWER CHORD
72
72
72
72
72
360
SUBCLIN 0002AI
POWER SUPPLY
189
189
189
189
189
945
CLIN 0003
BI-LEVEL POSITIVE AIRWAY PRESSURE MACHINE (BPAP) (E0470) AUTO-ADJUSTING BI-LEVEL (V-AUTO) CAPABILITIES:
SUBCLIN 0003AA
BI-LEVEL POSITIVE AIRWAY PRESSURE MACHINE (BPAP) (E0470) AUTO-ADJUSTING BI-LEVEL (V-AUTO) CAPABILITIES:
1,244
1,244
1,244
1,244
1,244
6,220
SUBCLIN 0003AB
MACHINE FILTERS, STANDARD
8,580
8,580
8,580
8,580
8,580
42,900
SUBCLIN 0003AC
MACHINE FILTERS, HYPOALLERGENIC
5,961
5,961
5,961
5,961
5,961
29,805
SUBCLIN 0003AD
TUBING, STANDARD
10,127
10,127
10,127
10,127
10,127
50,635
SUBCLIN 0003AE
TUBING, HEATED
9,501
9,501
9,501
9,501
9,501
47,505
SUBCLIN 0003AF
WATER CHAMBERS, STANDARD
10,556
10,556
10,556
10,556
10,556
52,780
SUBCLIN 0003AG
SD CARD (10 PK)
14
14
14
14
14
70
SUBCLIN 0003AH
POWER CHORD
27
27
27
27
27
135
SUBCLIN 0003AI
POWER SUPPLY
71
71
71
71
71
355
CLIN 0004
BI-LEVEL POSITIVE AIRWAY PRESSURE MACHINE (BPAP) (E0470) FIXED-PRESSURE BI-LEVEL (S) CAPABILITIES:
SUBCLIN 0004AA
BI-LEVEL POSITIVE AIRWAY PRESSURE MACHINE (BPAP) (E0470) FIXED-PRESSURE BI-LEVEL (S) CAPABILITIES:
1,244
1,244
1,244
1,244
1,244
6,220
SUBCLIN 0004AB
MACHINE FILTERS, STANDARD
8,580
8,580
8,580
8,580
8,580
42,900
SUBCLIN 0004AC
MACHINE FILTERS, HYPOALLERGENIC
5,961
5,961
5,961
5,961
5,961
29,805
SUBCLIN 0004AD
TUBING, STANDARD
10,127
10,127
10,127
10,127
10,127
50,635
SUBCLIN 0004AE
TUBING, HEATED
9,501
9,501
9,501
9,501
9,501
47,505
SUBCLIN 0004AF
WATER CHAMBERS, STANDARD
10,556
10,556
10,556
10,556
10,556
52,780
SUBCLIN 0004AG
SD CARD (10 PK)
14
14
14
14
14
70
SUBCLIN 0004AH
POWER CHORD
27
27
27
27
27
135
SUBCLIN 0004AI
POWER SUPPLY
71
71
71
71
71
355
CLIN 0005
AUTO-TITRATING BI-LEVEL POSITIVE AIRWAY PRESSURE MACHINE WITH BACK-UP RATE (S/T, S/T-A) (BPAP) (E0470)
SUBCLIN 0005AA
AUTO-TITRATING BI-LEVEL POSITIVE AIRWAY PRESSURE MACHINE WITH BACK-UP RATE (S/T, S/T-A) (BPAP) (E0470)
1,244
1,244
1,244
1,244
1,244
6,220
SUBCLIN 0005AB
MACHINE FILTERS, STANDARD
8,580
8,580
8,580
8,580
8,580
42,900
SUBCLIN 0005AC
MACHINE FILTERS, HYPOALLERGENIC
5,961
5,961
5,961
5,961
5,961
29,805
SUBCLIN 0005AD
TUBING, STANDARD
10,127
10,127
10,127
10,127
10,127
50,635
SUBCLIN 0005AE
TUBING, HEATED
9,501
9,501
9,501
9,501
9,501
47,505
SUBCLIN 0005AF
WATER CHAMBERS, STANDARD
10,556
10,556
10,556
10,556
10,556
52,780
SUBCLIN 0005AG
SD CARD (10 PK)
14
14
14
14
14
70
SUBCLIN 0005AH
POWER CHORD
27
27
27
27
27
135
SUBCLIN 0005AI
POWER SUPPLY
71
71
71
71
71
355
CLIN 0006
VOLUME ASSURED PRESSURED MACHINE (VAPS) (E0471)
SUBCLIN 0006AA
VOLUME ASSURED PRESSURED MACHINE (VAPS) (E0471)
1,346
1,346
1,346
1,346
1,346
6,730
SUBCLIN 0006AB
MACHINE FILTERS, STANDARD
8,580
8,580
8,580
8,580
8,580
42,900
SUBCLIN 0006AC
MACHINE FILTERS, HYPOALLERGENIC
5,961
5,961
5,961
5,961
5,961
29,805
SUBCLIN 0006AD
TUBING, STANDARD
10,127
10,127
10,127
10,127
10,127
50,635
SUBCLIN 0006AE
TUBING, HEATED
9,501
9,501
9,501
9,501
9,501
47,505
SUBCLIN 0006AF
WATER CHAMBERS, STANDARD
10,556
10,556
10,556
10,556
10,556
52,780
SUBCLIN 0006AG
SD CARD (10 PK)
14
14
14
14
14
70
SUBCLIN 0006AH
POWER CHORD
27
27
27
27
27
135
SUBCLIN 0006AI
POWER SUPPLY
71
71
71
71
71
355
CLIN #
RESPIRATORY SUPPLIES Nomenclature (HCPC)
Ordering Period 6
Ordering Period 7
Ordering Period 8
Ordering Period 9
Ordering Period 10
TOTAL QTY
QTY
QTY
QTY
QTY
QTY
CLIN 0007
FULL FACE INTERFACES (A7030, A7031, A7027)
CLIN 0007AA
FULL FACE INTERFACES (A7030, A7031, A7027)
2,287,925
2,287,925
2,287,925
2,287,925
2,287,925
11,439,625
SUBCLIN 0007AB
CUSHIONS
428,669
428,669
428,669
428,669
428,669
2,143,345
CLIN 008
NASAL INTERFACES (A7032, A7034)
CLIN 008AA
NASAL INTERFACES (A7032, A7034)
1,217,703
1,217,703
1,217,703
1,217,703
1,217,703
6,088,515
SUBCLIN 0008AB
CUSHIONS
428,669
428,669
428,669
428,669
428,669
2,143,345
CLIN 0009
NASAL PILLOW INTERFACES (A7033, A7034)
CLIN 000AA9
NASAL PILLOW INTERFACES (A7033, A7034)
904,211
904,211
904,211
904,211
904,211
4,521,055
SUBCLIN 0009AB
CUSHIONS
428,669
428,669
428,669
428,669
428,669
2,143,345
CLIN 00010
MASK LINERS (E1399)
68,304
68,304
68,304
68,304
68,304
341,520
CLIN 00011
CHIN STRAPS (A7036)
133,959
133,959
133,959
133,959
133,959
669,795

(b) Estimated Quantities: The quantities listed in the above table are estimates, which are based on the prior procurement cycle contract’s historical ordering data from the DLS. Usage / Ordering trend analysis was utilized to project the option year quantity estimates. The estimated quantities are NOT Government ordering commitments. Estimated quantities listed for each CLIN are the estimates of the total annual requirement for the described product. The Government may place orders at quantities greater or less than the estimated total quantities as stated in the schedule of items table above. Additionally, there is no express or implied guarantee that the quantities stated in the Schedule of Items table above will be ordered regularly by the Government.

Description: See solicitation’s Attachment D for the Minimum Technical Requirements (MTR) for the items listed above.

B.8 TECHNICAL REFRESHMENT

(a) Technology refresh means intentional, incremental insertion of newer technology to enhance reliability, maintainability, and performance on existing items on contract.

(b) Awardees may offer technical refreshment (tech refresh) for any item awarded to them as a result of this solicitation; new product submissions will not be accepted as part of a tech refresh. One (1) tech refresh will be allowed annually per awardee and each tech refresh offered must be offered at least 60 days prior to its effective date.

(c) Tech refreshes will be initiated by the awardee and will be subject to the Minimum Technical Requirements of this solicitation in Attachment D – Minimum Technical Requirements. Descriptive literature will be required on all updates made to the Line Items subject to tech refresh along with one (1) sample of the line item being refreshed.

(d) Tech refresh samples will be mailed to: TBD and addressed to TBD. Samples will be returned to the awardee once technical evaluation is complete.

(e) Awardee will submit Attachment B – Tech Refresh Description and Pricing with their offer. The corresponding CLIN being refreshed, description of line item, manufacturer part number and unit of measure must be completed and returned with the offer. If the refresh constitutes a price increase or price reduction, MSRP and unit price must be completed and returned to determine price balance and price reasonableness.

B.9 Additional Items

(a) Additional item refers to items not previously awarded as a result of this solicitation, i.e. a new PAP machine not previously available as a commercial off-the-shelf item. Additional items will be added to the contract on an as needed basis, meaning that a new item will not be considered from an awardee unless clinically championed by the Program Office.
(b) Additional items will be competed amongst award winners of this solicitation IAW FAR 15.203(f). Offers will be required to meet MTRs, with descriptive literature and sample submitted for technical evaluation along with Attachment E – Price Schedule to be considered for a modification for additional items.

B.10 MINIMUM WARRANTY REQUIREMENTS

The warranty requirements listed in the minimum technical requirement (See attachment D) are considered minimum, unless otherwise stated. If the manufacturer’s/vendor’s standard warranty exceeds the specified warranty, the manufacturer’s/vendor’s standard warranty will apply. An Offeror’s warranty terms that are unfavorable or places greater restrictions on the Government than stated in FAR 52.212-4(o) will not be accepted.

B.11 COMMERCIAL WARRANTY

CLIN/MAKE AND MODEL/BRAND/COMMERCIAL WARRANTY AVAILABLE FOR EACH ITEM OFFERED

(Add as needed for offered products)

B.12 ORDERING PROCEDURES

(a) VA CSAS (or duly appointed ordering officers at the DLS and the SDC) will place delivery orders directly with the Contractor. Delivery orders should include the specific item description, item quantities and product number contained in the contract. Delivery orders should also reference delivery and invoicing instructions, and any other special instructions in accordance with the terms and conditions of the contract.

(b) Purchases made under this contract by the VA CSAS (or by duly appointed ordering officers at the DLS and the SDC), for delivery to the address shown in B.13, 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, preference shall be given to the delivery order terms.

(c) Upon a receipt of delivery order from the VA CSAS (or duly appointed ordering officers at the DLS and the SDC), the Contractor shall fulfill the order and ship the items to the address noted in Section B.13. Delivery is F.O.B. destination, shipping included.

(d) Contractors will receive orders via Computer-to-Computer Electronic Data Interchange (EDI) or Email. The Contractor must confirm receipt of delivery orders within two (2) business days.

1. EDI. The contractor designates the following individual as its authorized representative to be contacted regarding establishment of an EDI interface. The Contractor must confirm receipt of delivery orders from VA CSAS (or duly appointed ordering officers at the DLS/SDC).

NAME: ________________________________

ADDRESS: _____________________________

TELEPHONE: ___________________________

EMAIL ADDRESS: ________________________

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

NAME: ________________________________

ADDRESS: _____________________________

TELEPHONE: ___________________________

EMAIL ADDRESS: ________________________

B.13 GUARANTEED MINIMUM

(a) The minimum dollar amount of supplies that the Government agrees to order per contract is $5,000.00. If the minimum is not ordered, by the expiration date of the contract, the Government will pay (upon request) the difference between the amount ordered and the minimum dollar amount guarantee of $5,000.00. Request for payment of any amount due shall be submitted in writing to the Contracting Officer within 30 calendar days after the end of the contract period.

(b) The guaranteed minimum does not apply if the contract is terminated for cause.

(c) There is no expressed or implied guarantee that the quantities will be ordered regularly in the base period or option period. Quantities will be ordered on an as need basis to resupply stock level at the DLS.

(d) There will be no minimum or maximum quantities established at the delivery order level.

B.14 CONTRACT CEILING AMOUNT

The maximum value of supplies that the Government may order during the contract period of performance will be $7.8 Billion.

B.15 PAP DEVICE/ASSOCIATED ACCESSORIES SELECTION (FAIR OPPORTUNITY PROCESS)

Due to the highly specialized nature of these items, critical timeframes, and individual physicians’ sleep specialty, Sleep Clinicians must determine which medical device is best suited for each patient based on an assessment that takes into consideration the specific features of the PAP products and clinical needs of the patients as assessed by the medical professionals. As a result of the individual needs of the Veteran patients, the exception at FAR 16.505 (b)(2)(i)(B) applies to all orders placed under this contract. This exception states: “Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized”. Thus, after award, individual orders for these highly specialized items will be based on the unique circumstances and medical needs of each patient.

The use of 38 U.S.C § 8123 is authorized for the solicitation, award and ordering procedures related to the subsequent awards of this solicitation. As such, delivery orders will not be competed if more than one offeror is awarded the same line item. Rather, orders will be awarded to the best priced offeror based on the proposals to this solicitation, and the higher priced awardees will be a secondary source to ensure demand can be met consistently, in order of price from lowest to highest.

Clinicians will submit requests for specific devices for a specific Veteran patient through the DLS’s Remote Order Entry System (ROES). DLS/SDC’s inventory totals of PAP devices, Facial Interfaces, PAP Mask Liners, and associated accessories/replacement parts are adjusted according to orders placed in ROES by clinicians from VA medical facilities in the U.S and outlying territories. The SDC will maintain 30 days of inventory on hand through orders placed against these contracts to the appropriate vendor.

B.16 SHIPPING REQUIREMENTS

(a) The shipping container or packaging shall be clearly marked to indicate the following:

1. Business name and complete address of the contractor.

2. Government Delivery Order Number.

3. A packing list must be included, which includes the description of material shipped, including name of item, item number, quantity, number of containers, and package number (if any).

4. 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.

(b) Items supplied under the contract shall be individually commercially 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.

B.17 DELIVERY INFORMATION

(a) The Delivery Schedule specified on the Delivery Order(s) issued against resultant FFP / IDIQ contract(s) is the delivery date (e.g., the due-in date), the due no later than date that the ordered material must arrive at the VA DLS, not the shipping date from the contractor’s facility. Orders may be shipped early to ensure delivery to the VA DLS prior to the due-in date. All orders must be received by the VA DLS within a maximum of 30 calendar days after the date of receipt of the Delivery Order(s) regardless of the date specified on the Delivery Schedule. Delivery is F.O.B. destination to the VA DLS.

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

(c) Deliveries to VA Service and Distribution Center (SDC) can be made to the following address:

Department of Veterans Affairs, Service and Distribution Center: 1st Ave; One Block North of 22nd Cermak, Building 37 Hines, IL 60141.

(d) Urgent Delivery. When the contract delivery schedule does not meet the urgent delivery requirements, the VA CSAS or DLS Ordering Officer may contact the Contractor for the purpose of obtaining accelerated delivery schedule to meet product demand and prevent a gap in product distribution operations.

The Contractor shall reply to the accelerated delivery schedule inquiry within one (1) business day after receipt. (The Contractor shall confirm telephonic replies in writing.) If the Contractor agrees to the accelerate product Delivery Schedule, additional shipping charges (if any) will become the financial responsibility of the ordering facility.

Note: This does not apply if the Contractor is acting in their own best interests to accelerate the shipping schedule in order to meet the agreed upon contract delivery schedule time frame and avoid delinquent product delivery.

B.18 RETURN MERCHANDISE AUTHORIZATION (RMA)

The following procedures for returned merchandize authorization shall apply only for products ordered by CSAS/DLS/SDC and delivered to the SDC.

For products delivered and found to have defects, the VA will contact the contractor to discuss warranty applicability. If it is determined that warranty replacement is authorized, a credit or replacement will be issued by the contractor. The Government will complete the RMA form (Attachment G) and include the completed form in the carton with the item being returned. All replacement product shipments delivered to the SDC shall have the RMA number displayed on the outside of the return carton. Replacement product shipments delivered to the SDC without the RMA number displayed on the outside of the return carton will be returned to the contractor.

(a) The contractor shall have a single customer service email contact point for all Return Merchandise Authorization (RMA) activities, to be identified after contract award.

(b) The contractor shall confirm receipt of RMA items within 24 hours of receipt.

(c) The contractor shall replace all defective RMA items with a new replacement item. This item shall be the same make and model of the item that was returned to the contractor. Repaired items will be accepted if they are reconfigured into a “like new” condition with regards to sanitation, functionality and appearance.

(e) The contractor shall use a standardized sticker to clearly identify all replacement product shipments to the SDC. The sticker shall be approximately 4 x 4 inches and say “REPLACEMENT PRODUCT” in bold letters. Stickers are to be affixed by the contractor for all replacement product shipments from the contractor to the VA SDC.

(f) The contractor shall ensure that all serialized barcode labels for the RMA items are on the inside and outside of the RMA carton. The serialized barcodes for the defective items shall be clearly identified along with the serialized barcodes for the replacement items.

B.19 PRODUCT RECALLS

(a) If any product awarded under this solicitation requires correction1, is removed or modified2 or recalled3 by the manufacturer due to defects in the product or potential dangers to patients, or if any required correction, removal or recall is suggested or mandated by a regulatory or official agency, the following steps will immediately be taken by the contractor:

1. Notify the following offices and points of contact:

(i) Contracting Officer’s Representative and Contracting Officer, in writing, by the most expeditious manner possible.

(ii) Manager, Product Recall Office, National Center for Patient Safety (NCPS), Veterans Health Administration, 24 Frank Lloyd Wright Drive, Lobby M, Ann Arbor, MI 48106, in writing, by the most expeditious manner possible.

(iii) Biomedical Engineer, Center for Engineering & Occupational Safety and Health (CEOSH) (138F), Veterans Health Administration, 1 Jefferson Barracks Rd. Bldg. 65, St. Louis, MO 63125, in writing, by the most expeditious manner possible.

2. The following information shall be provided in each individual notification that is forwarded to all above offices and points of contact:

(i) Complete item description and/or identification, delivery order numbers from customers, and the contract number assigned as a result of an award on this solicitation.

(ii) Reasons for modification, corrections, removal, or recall.

(iii) Proposed offers for return for credit, replacement, or corrective action shall be forwarded to the facility POC and Contracting Officer, for consideration by the Government.

3. The following additional information shall be provided, in writing, to the above points of contact at the National Center for Patient Safety (NCPS) and the…

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