36H79725R0003 0004.docx

36H79725R0003

5. PROJECT NUMBER (if applicable)

CODE

7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NUMBER

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NUMBER

3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED

PAGE OF PAGES

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED

BPA NO.

1. CONTRACT ID CODE

FACILITY CODE

CODE

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 11/2016)

is required to sign this document and return ___________ copies to the issuing office.

is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER

16A. NAME AND TITLE OF CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30

PREVIOUS EDITION NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.243 (Type or print) (Type or print) (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(Number, street, county, State and ZIP Code) (If other than Item 6) (Specify type of modification and authority) (such as changes in paying office, appropriation date, etc.)

(If required)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

CHECK

ONE

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer)

09-09-2026

36A797 Department of Veterans Affairs Enterprise Procurement Office Building 37 1st Avenue, One Block North of Cermak Hines IL 60141

36A797

Enterprise Procurement Office Building 37 1st Avenue, One Block North of Cermak

To all Offerors/Bidders

11-18-2025

X

One This amendment to solicitation 36H79725R0003 has been issued to update 5 clauses:

C.3 52.216-2 Economic price adjustment-standard supplies, C.6 52.216-22 Indefinite quantity, C.12 52.240-91 Security prohibitions and exclusions, E.4 52.219-1 Small business program representations, E.7 52.233-2 service of protest, and additional updated language.

Review the changes highlighted in yellow in the solicitation.

LaTonya L. Whiteside Contracting Officer

This amendment to solicitation 36H79725R0003 is issued to update 5 clauses, C.3 52.216-2 Economic price adjustment-standard supplies, C.6 52.216-22 Indefinite quantity, C.12 52.240-91 Security prohibitions and exclusions, E.4 52.219-1 Small business program representations, E.7 52.233-2 service of protest, and additional updated language.

Review the changes highlighted in yellow in the solicitation.

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

11-18-2025 LaTonya L. Whiteside 708-786-4985 2-03-2026

12:00 PM

CST

36H797 Department of Veterans Affairs OPAL/ National Acquisition Center Building 37

Y 334517 1200 Employees

N/A

As indicated on individual delivery orders against the contract.

36H797

OPAL/ National Acquisition Center Building 37

36H797

CHIEF, FISCAL DIVISION (901A)

HINES SERVICE AND DISTRIBUTION CENTER

PO BOX 7005

HINES IL 60141-7005

SOLICITATION

Radiology and imaging systems include but are not limited to computed tomography (CT) scanners, magnetic resonance imaging (MRI) systems, radiographic systems (X-Ray), nuclear medicine, ultrasounds, computed radiography, magnetoencephalography, Positron Emission Tomography (PET)-CT, PET-MR scanners, cyclotrons, angiography cardiac catheterization, mammography systems, upgrades, repair parts, software, and accessories. SEE Statement of Work.

LaTonya L. Whiteside

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All administration related to proposal submissions will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT:

Contracting Officer 36H797 Department of Veterans Affairs National Acquisition Center Building 37 1st Avenue, One Block North of Cermak Hines IL 60141

Continuation of Blocks from SF 1449

The Department of Veterans Affairs National Acquisition Center (VA NAC) Radiology and Imaging Equipment Program and the Defense Logistics Agency (DLA) Troop Support Solicitation.

Block 8 Offer Due Date/Local Time: The initial solicitation closing date shall be February 03, 2026; 12:00 pm, Central Standard Time. There will be at least one subsequent open season that will be issued via posting of an amendment on The System for Award Management website at https://www.sam.gov.The Government reserves the right to have additional open seasons that would be issued via posting of an amendment on https://www.sam.gov.

Block 17a Offerors shall include their unique entity identifier and CAGE code in block 17a of the Standard Form 1449. Please submit any questions using Attachment #9 to LaTonya L. Whiteside at LaTonya.Whiteside@va.gov. The due date for questions is Dec 18, 2025, at 12:00PM CST

36H79725R0003

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STATEMENT OF WORK

I. JOINT DEFENSE LOGISTICS AGENCY AND VETERANS ADMINISTRATION RADIOLOGY AND IMAGING SYSTEMS PROGRAM OVERVIEW The Defense Logistics Agency Troop Support Medical Supply Chain (DLA) and the Department of Veterans Affairs National Acquisition Center (VA NAC) are responsible for the acquisition and management of radiology and imaging systems, subsystems, and components along with maintenance services, training, and incidental services related to the supply of the equipment for customers located in the United States and worldwide. The joint DLA/VA NAC Radiology and Imaging Systems Program was established to support the requirements of both agencies. The objective of this solicitation is to establish the second generation of the joint program with multiple-award Indefinite Delivery/Indefinite Quantity contracts utilizing FAR 16.505 (b) multiple-award ordering procedures. DLA and the VA NAC will divide up all submitted proposals for evaluation, award and administration. Each agency will then be able to issue orders against any contract, regardless of which agency administers the particular contract. Based on joint historical sales data, with approximate annual sales of $650 million, the total program estimate for the next 10 years is $6.5 billion.

II. CONTRACT SCOPE

This solicitation provides for the supply of radiology and imaging systems, subsystems, and components along with maintenance services, training, and incidental services related to the purchase and installation of the equipment. This may involve some incidental construction work as contemplated under FAR 22.402(b)(2). This work is for extended installation services as required for site prep/turnkey installation that is non-separatable to the equipment deliverable within the 50 states and Washington, DC (CONUS) and Puerto Rico. The contracting officer will determine prior to award of an individual delivery order the applicability of FAR Subpart 22.4, Labor Standards for Contracts Involving Construction. See FAR 22.402(b).

Radiology and imaging systems include but are not limited to computed tomography (CT) scanners, magnetic resonance imaging (MRI) systems, radiographic systems (X-Ray), nuclear medicine, ultrasounds, computed radiography, magnetoencephalography, Positron Emission Tomography (PET)-CT, PET-MR scanners, cyclotrons, angiography, cardiac catheterization, mammography systems, upgrades, repair parts, software, and accessories.

Incidental services are standard commercial services that the contractor may be asked to perform in connection with supplying items under the scope of the contract. What constitutes an incidental service is fact specific and will be a function of factors such as type of service, amount charged for the service, dollar amount charged for the supplies, existence of a close relationship between the service and the item supplied, and the time required to perform the service.

Maintenance, calibration or repair of certain equipment that meets all the conditions set forth in FAR 22.1003-4 (c)(1) (ii.) are allowable as long as the vendor provides full certification under FAR 52.222-48 - Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment - Certification (MAY 2014).

The Government may issue delivery orders to lease equipment under the IDIQ contracts awarded from this solicitation based on a case-by-case evaluation of comparative costs and other factors and determination that it is to the Government’s advantage under the circumstances in accordance with FAR Subpart 7.4.

III. CONTRACT ADMINISTRATION

DLA and VA NAC are the only organizations authorized to administer contracts issued against this solicitation. Vendors will be notified during discussions or at the time of contract award, if there are no discussions, which agency will be the designated administering agency which will evaluate, award and administer any resultant contract. After the IDIQ contract award, only the Contracting Officer from the designated administrating agency can authorize any action at the IDIQ contract level, including basic contract modifications. The Government reserves the right to reassign Contract administration between agencies on an as needed basis.

NOTE: The order of priority for initial assessment of proposals is determined as follows:

1) A proposal submitted by a vendor that has a current contract that is due to expire.

2) Priority items for award determined by the Government (For example, items that support contingency, introduction of new items, or urgent customer requirements).

(a.) Open Season: On-Ramp/ Off-Ramp:

The Government reserves the right to conduct one or more Open Seasons during the period of performance of this contract, including option periods. An Open Season provides the Government the opportunity to maintain a competitive contract environment by adding qualified contractors, incorporating emerging technologies, expanding available products and services, or otherwise addressing evolving mission requirements.

Participation in an Open Season is at the sole discretion of the Government. If an Open Season is conducted, the Government may issue a solicitation to obtain proposals from eligible offerors. Contractors awarded through an Open Season will be added to the existing contract pool and will compete for future delivery orders under the same terms and conditions as existing contract holders.

(1) On-Ramp Authority The Government may award additional HTME IDIQ contracts through an Open Season when the Contracting Officer determines such action is necessary or advantageous. Circumstances that may support an on-ramp include, but are not limited to:

(i) Expansion of clinical requirements or equipment categories;

(ii) Introduction of new or emerging medical technologies;

(iii) Increased workload or demand that exceeds existing contract capacity;

(iv) Addition of Original Equipment Manufacturers (OEMs) or product lines not adequately represented under the existing contract suite;

(v) Increased competition or improved pricing opportunities; or

(vi) Any other circumstance determined by the Government to be in its best interest.

(b.) On-Ramp Procedure When conducting an Open Season, the Government may issue a new or amend the current solicitation or other competitive announcement identifying the applicable equipment categories or services.

Offerors shall satisfy all qualification requirements identified in the solicitation, including responsibility requirements under FAR 9.104 and any applicable OEM authorizations, certifications, licenses, and technical qualifications.

Contractors awarded through an Open Season shall receive a contract under the same terms and conditions as existing contract holders, except as otherwise provided in the solicitation.

Upon award, newly added contractors shall become eligible to compete for future orders within the scope of their awarded contract.

(1) Off-Ramp Authority The Government reserves the right to remove a contractor from the HTME contract suite when the Contracting Officer determines the contractor no longer represents the best value or fails to satisfy the requirements of this contract.

Grounds for off-ramping may include, but are not limited to:

(i) Failure to maintain satisfactory contract performance;

(ii) Repeated failure to meaningfully participate in fair opportunity competitions or submit quotations when capable of performing the requirement;

(iii) Loss of required OEM authorization, certifications, licenses, or other qualifications necessary to perform the contract;

(iv) Failure to comply with applicable regulatory, cybersecurity, quality assurance, or medical device requirements;

(v) Suspension, debarment, or loss of responsibility under FAR Subpart 9.4;

(vi) Termination for default or other contractual remedies available to the Government; or

(vii) Any other circumstance in which removal is determined to be in the Government’s best interest.

(c) Off-Ramp Procedure Prior to removing a contractor, the Contracting Officer may provide written notice identifying the basis for the proposed off-ramp and, when appropriate, provide the contractor an opportunity to respond or submit a corrective action plan.

Nothing in this clause limits the Government’s right to exercise any contractual remedy available under the contract or applicable law.

A contractor removed from the HTME contract suite shall no longer be eligible to compete for future orders under the contract. Such removal shall not affect the validity of orders previously awarded unless otherwise provided by law or the terms of those orders.

(d) Contract Ceiling The addition of contractors through an Open Season does not obligate the Government to increase the overall contract ceiling or minimum guarantee established under this contract. The Government reserves the right to modify the contract ceiling when determined necessary and in accordance with applicable law and regulation.

(e) Government Discretion The Government is under no obligation to conduct an Open Season during the ordering period. The timing, frequency, scope, and procedures for any Open Season shall be determined solely by the Contracting Officer in accordance with applicable procurement statutes and the Federal Acquisition Regulation.

IV. AUTHORITY TO ISSUE ORDERS

(a.) DLA and VA NAC are the only activities authorized to place delivery orders under this IDIQ contract except as otherwise delegated in writing by the DLA or VA NAC. Any delegation may be rescinded unilaterally at any time through written notice to vendors. Both the VA NAC and DLA will issue orders directly against any IDIQ contract under the program, regardless of which agency is the designated administrating agency. The agency issuing the delivery order will be responsible for all administration functions for the given delivery order.

(b.) Orders may be issued in support of requirements from the Department of Defense (DoD), Department of Veterans Affairs (VA), other Federal Agencies/Organizations and foreign governments through the DoD foreign military sales programs. During the term of the contract DLA and VA NAC reserve the right to add other customer groups to be supported by this IDIQ contract.

(c.) Individual procuring activities of the VA are hereby delegated authority to place delivery orders for their respective facility, for equipment valued at $50,000 or less under this contract. Also, individual procuring activities of the VA are hereby delegated authority to place task orders for their respective facility, for required maintenance services at any value under this contract. Individual VA procuring activities will obtain pricing and maintenance information for a specific contract holder from the VA NAC at National Contract Service - Home (sharepoint.com). The delegation may be rescinded unilaterally by the VA NAC at any time through written notice to vendors.

V. DELIVERY REQUIREMENTS

(a.) Order delivery locations are located in both the contiguous United States (CONUS), which includes the 48 contiguous States and the District of Columbia as well as areas outside of the contiguous United States Alaska, Hawaii, and U.S. Territories (OCONUS).

(b.) Vendors shall support all CONUS locations. Contract pricing should be provided on a Free On Board Destination basis for all CONUS locations.

(c.) Vendors shall support Alaska, Hawaii, and U.S. Territories. Contract pricing should be provided on a F.O.B. Destination basis for Alaska, Hawaii, and U.S. Territories. Different F.O.B. Destination pricing other than offered for CONUS locations may be offered for Alaska, Hawaii, and/or U.S. Territories if it is consistent with commercial practice and can be determined as fair and reasonable by the Contracting Officer. Delivery dates will be agreed on between the facility and ordering CO at the ordering level. Acceptable price support information shall be provided by the vendor to substantiate different pricing than for CONUS deliveries.

(d.) Vendors may be asked to support OCONUS locations outside of Alaska, Hawaii, and U.S. Territories. For OCONUS locations outside of Alaska, Hawaii, and U.S. Territories; F.O.B. Destination pricing shall be established prior to order issuance to factor any additional shipping charges.

(e.) The Government reserves the right to issue orders F.O.B. Origin basis.

(f.) The following delivery schedule shall be the minimum requirement for each order type unless the Government elects to use an alternate delivery schedule that is specified in the delivery order. Delivery shall be made within the identified number of calendar days after date of delivery order (ADO):

THE FOLLOWING APPLY TO ALL MODALITIES:

VA ORDERS: If clinical and/or technical training is included then no later than 2 years (730 DAYS) after warranty starts

(g.) Delivery dates shall be coordinated prior to the award and subsequently established on the award document (delivery orders/modifications). Delivery dates set forth by awards may be adjusted by the issuance of a formal, bilaterally executed modification against the delivery order. Delivery dates shall be adjusted prior to the expiration of the original delivery date or a modified delivery date unless an excusable delay has been permitted by the contracting officer.

(h.) The Government reserves the right to centralize equipment purchases either by facility and/or modality via the utilization of various procurement methods, including but not limited to, equipment standardizations and group purchases.

VI. DELIVERY ORDER PLACEMENT PROCEDURES

This solicitation will result in Multiple Award, Indefinite-Delivery/Indefinite-Quantity Contracts pursuant to FAR 16.505(b)(1). All contractors offering the required supplies will be considered for each order. The vendor completed Modality Matrix (Attachment 4) will be used to determine which contractors offer the required supplies and should be considered for an order.

The evaluation criteria for order selection will be tailored to each requirement. Price will always be a factor in the order selection decision. Delivery orders will be evaluated using the best-value continuum, utilizing either a trade-off or lowest price technically acceptable (LPTA) approach. All responding contractors to a notice will have a fair opportunity to submit an offer for evaluation, unless an exception in FAR 16.505(b)(2) applies. Any leasing action would also be in accordance with FAR 16.505.

Agency specific policies and regulations will be applied at the delivery order level by the issuing agency. VA requirements will be subject to VA policies and regulations while DoD requirements will be subject to DLA and DoD policies and regulations.

VII. CONTRACT LIMITATIONS

(a.) Maximum Contract Limitation.

A contract maximum shall be established by the Government for each individual contract through analysis of available information that may include analysis of previous sales, commercial sales, or other methods. This single maximum contract limitation shall apply for the life of the contract, including the base year and one 5-year option, if exercised. However, no single contract maximum shall exceed the program’s estimated value of $6.5 billion.

(b.) Guaranteed Minimum.

The Government guarantees that it will order a minimum of $4,000 for the base period. The Government may fulfill the guarantee by a single delivery order or by any number of delivery orders.

VIII. CONTRACT BASE AND OPTION PERIODS

All contracts shall have a five-year base period and a single option to extend contracts for an additional five-year term.

IX. GOVERNMENT INSPECTION, ACCEPTANCE, AND PAYMENT TERMS AND CONDITIONS.

(a.) Payment Terms: Prompt Payment terms apply in accordance with FAR 52.212-4(i). Commercial interim payments in accordance with FAR 32.2 may be authorized.

(1.) Delivery Orders Requiring Installation:

(i.) Delivery orders for equipment requiring installation will allow a commercial interim payment of 80% of the total price of the equipment/system. The initial 80% interim payment will be authorized after a vendor delivers all the equipment and the receipt of the equipment is confirmed by the Contracting Officer (see specific VA and DLA receiving, acceptance, and payment requirements/procedures discussed below). Upon receipt and approval of the receiving report (page 2 of the Delivery Order, SF1449,) VA only internal fiscal documentation, and the contractors properly submitted invoice, the 80% interim payment will be processed. For DLA awards, the 80% commercial interim payment will be under its own line item. For VA awards, evidence of the items delivered (commercial proof of delivery or bill of lading) signed by the Government receiver may also constitute the contractor’s proof of delivery documents.

(ii.) The remaining 20% of the total price of the equipment/system will be paid after installation has been completed and final inspection and acceptance has occurred. For DLA awards, the 20% portion will be under its own line-item separate of the commercial interim payment.

iii) Final payment will be made after all obligations under the delivery order have been satisfied. Invoices billing for underperformed work, undelivered items or incomplete training will be rejected.

Note: VA ISSUED DELIVERY ORDERS:

Separately priced installation services to include turnkey and extended installation shall be compensated following the completion of installation and not in advance of unperformed work. Delivery orders for equipment requiring installation will allow a commercial interim payment of 80% of the total price of the equipment/system. Accordingly, the remaining 20% of the equipment price and full installation costs shall be compensated after final inspection and acceptance (or default acceptance).

(2.) Delivery Orders without Installation:

Delivery orders issued for equipment not requiring installation shall be issued with 100% of the total price of the equipment being paid after final inspection and acceptance has occurred.

(b.) Final Inspection/Acceptance (1.) Final Acceptance Procedures Upon completion of installation and after the contractor makes available to the using activity any training (e.g. initial applications and operator training) required by the manufacturer to properly use the equipment, the equipment shall be turned over to the facility for clinical use and the contractor shall furnish a written notice of readiness for inspection to the following Government personnel:

For VA Issued Orders: NAC, VHA HTM/Biomedical Engineering, VHA Logistics, VA Ordering Facility POC.

For DLA Troop Support Issued Orders: DLA Troop Support Biomedical Engineer, Defense Logistics Agency, Customer, and using WAWF system (see DLA Invoicing Instructions) Clinical use will be presumed to begin on the day after the notice of readiness for inspection is received by the Government. The using activity must notify the Contracting Officer, contractor, Service Logistics Agency (DLA issued DoD orders), DLA Troop Support Biomedical Engineer (All DLA issued orders) and VHA HTM/Biomedical Engineering (ALL NAC issued orders) if clinical use is not initiated at this time.

Submission of the notice of readiness for inspection, and any other notice required by this provision by electronic mail is acceptable, provided that the party giving such notice obtains and preserves electronic evidence of receipt at the email address or addresses of the party or parties who have a right to notice under this clause. The Government shall provide appropriate email addresses on the purchasing documentation.

(2.) Inspection and Testing The Government shall have the right to inspect and test the equipment within thirty (30) calendar days after receipt of the notice of readiness for inspection (the 30- calendar day period) or thereafter during the warranty period if the Government fails to inspect and test during this “30- calendar day period”. The contractor shall provide the necessary technical and applications personnel to perform the inspection (and any re-inspections).

The Government shall provide notice of acceptance of the equipment or an unsatisfactory inspection/test results to the contractor within ten (10) business days after the date of inspection. The latter notice shall identify to the contractor any deficiencies found during the inspection and whether the deficiencies were significant or not and will provide the contractor fourteen (14) business days to correct such deficiencies. Contractors shall correct reported deficiencies at no additional cost to the Government and notify the Contracting Officer when all corrections have been made and the equipment is ready for re-inspection. Re-inspection(s) will be performed by the Government with all costs incurred chargeable to the contractor.

Defect means a failure to provide products and/or services in conformance with the Government’s requirement (e.g., technical specifications or SOW).

Non-conforming equipment or services may be conditionally accepted at the sole discretion of the Government. Conditional acceptance means acceptance of supplies or services that do not conform to contract quality requirements, or are otherwise incomplete, that the contractor is required to correct or otherwise complete by a specified date.

(3.) Warranty Effective Date Any applicable warranty period will commence on the date the notice of readiness for inspection is submitted unless the equipment is inspected during the 30-calendar day period and one or more significant deficiencies are found, and the system is taken out of clinical use. For systems failing the initial acceptance inspection and accepted after a Government re-inspection or re-inspections, the warranty period will commence on the date the new notice of readiness for the successful re-inspection was submitted. If the Government determines only minor (i.e., non-significant) deficiencies are identified during inspection and clinical use continues, the warranty date will commence on the date the notice of readiness for inspection was submitted.

(4.) Clinical Use Clinical use means the delivered equipment as determined by the Government performs the basic intended clinical function of the system in a safe manner for the purpose for which it was designed, with most or all system functionality, allowing the equipment to be used clinically. Clinical use does not include initial patient examinations or procedures during applications training.

If the equipment is put into clinical use by the Government for thirty (30) calendar days after the inspection request, acceptance will occur thereafter as described below. However, if significant deficiencies in the equipment are identified during the 30-calendar day period while it is in clinical use and clinical use ceases, the procedures under “No Clinical Use” will be followed. Clinical use is incompatible with and cannot continue in the event significant deficiencies are identified. For systems in clinical use for thirty (30) calendar days after the government receives the vendor’s notice of readiness for inspection and without significant deficiencies being identified during clinical use or inspection (if inspection occurs), the contractor will notify the Government that the system has been in clinical use for this time period, and request acceptance and payment. The Government will confirm with the customer whether or not clinical use has occurred for thirty (30) calendar days, and, upon positive confirmation, the Government will issue a notice of acceptance and authorize an appropriate payment document (WAWF for DoD; inspection report or receiving report for VA) within ten (10) business days after receiving the request. In the event the Government is notified by the customer that clinical use has not occurred for thirty (30) calendar days, the Government shall notify the contractor within ten (10) business days after receiving the request for acceptance and payment. Within this notice, the Government will provide rationale for why the equipment was not used.

The failure of the Government to notify the contractor of its intent to dispute clinical use within ten (10) business days after receiving the request for acceptance and payment shall constitute acceptance on the part of the Government. Acceptance under this paragraph shall not preclude the Government from exercising its rights later under any remedy available to the Government by federal law or regulation. In the event the Government has not conducted an inspection of the equipment within thirty (30) calendar days of the date of the notice of readiness for inspection, during the period of clinical use, the Government shall have the right to inspect the equipment during the warranty period. Deficiencies discovered during the inspection shall be presented to the contractor for correction as appropriate under the terms of the warranty.

(5.) No Clinical Use No clinical use means that delivered equipment does not perform the basic intended clinical function in a safe manner for the purpose for which it was designed and that most or all system functionality is not present, preventing the equipment from being used clinically during the 30 calendar days after the contractor’s submission of notice of readiness for inspection. If the equipment does not meet the criteria for clinical use, as defined in Section 4 of this clause, the system will not be accepted without formal testing under Section 2, and final payment will not be issued until after the equipment satisfactorily completes formal testing.

(6.) Final Acceptance/Rejection Procedures In the event the equipment is not placed in clinical use for thirty (30) calendar days, or is so placed and inspected and significant deficiencies are found, within seventy-five (75) calendar days after receipt of the notice of readiness for inspection, the Government shall:

(i.) accept the equipment; or (ii.) accept the equipment and request that identified defects be remedied under the contract’s warranty provisions.

(iii.) request the contractor propose an equitable offset in lieu of correcting defects or rejection; or a prescribed deadline.

(iv.) reject and allow contractors to remedy identified deficiencies, reject and request removal of the equipment.

This section is not intended to affect the parties’ rights and responsibilities provided in sections 1 through 5 and section 7 of the Acceptance Procedures.

When requested, the contractor shall propose offsets within five (5) business days. If agreement is not reached with the Government on such offsets within five (5) business days thereafter, additional discussion on offsets may continue at the mutual agreement of the contractor and Government, or, at the request of either party, the Government will cease any clinical use, reject and request removal of the equipment. In cases of an offset, where the equipment is accepted by the Government, the commencement of the warranty period will be established by the Contracting Officer.

If significant deficiencies are identified during the inspection, a rejection notice shall be issued to the contractor within ten (10) business days after the date of inspection. The notice shall identify all significant deficiencies found during the inspection and will provide the contractor fourteen (14) business days to correct such deficiencies. The contractor shall submit its notice of readiness to re-inspect upon correcting the deficiencies.

If the equipment is rejected and the contractor is requested to remove such equipment, the contractor shall completely uninstall all equipment items and remove them within 10 business days from the Government premises at the contractor’s expense.

(7.) Final Payment Final payment is due 30 calendar days from the date of Government acceptance of the final invoice. In cases where the Government accepts an offset proposal, final payment (if any is owed) is due within 30 calendar days of the Government’s acceptance of the proposal.

(c.) Payment Office and Invoicing Instructions for VA Orders Only:

Contractors shall submit invoices for payment, to include lease payments, electronically to www.tungsten-network.com.

The contractor shall only invoice for training with costs associated upon its completion. The contractor shall provide evidence of training completion when requested by the government (e.g. Attendance Roster, Certificates of Completion, etc.)

An invoice must include:

a. Name and address of the Contractor.

b. Invoice date and number, the PO order number (use the delivery order).

c. Contract number, line-item number, and CLIN number.

d. Description, quantity, unit of measure, unit price and extended price of the items delivered.

e. Remit to address.

f. Name and address of official to whom payment is to be sent.

g. Vendor code, buyer/supplier TN number.

h. Name, title, and phone number of persons to notify in event of defective invoice.

i. Supplier tax registration number, buyer tax registration number.

(d.) Submission of Quarterly Sales Reports:

(1.) Quarterly Sales Reports. The Contractor shall report all contract sales under this contract as follows:

(i) The Contractor shall accurately report the dollar value, in U.S. dollars and rounded to the nearest whole dollar, of all sales made under this contract by calendar quarter (January 1–March 31, April 1–June 30, July 1–September 30, and October 1–December 31). Reported sales must include all sales made to all authorized contract users. The report shall reflect sales by contract line item and shall segment sales by the Department of Veterans Affairs (VA) and Other Government Agencies (OGA). The Contractor shall maintain a consistent accounting method of sales reporting, based on the Contractor’s established commercial accounting practice.

(ii) Contract sales reports are due to the Contracting Officer within 30 calendar days following the completion of each reporting quarter or completion of the contract, whichever occurs first. A report is required even when no billings or invoices are issued or no orders are received during the contract period.

(iii) The sales report signed by an authorized representative of the contractor shall be emailed to the Contracting Officer and uploaded to VA BOX, utilizing the this link: https://veteransaffairs.ent.box.com/f/dde6723200ec4f7c9da0f696b0c4bcc5.

(2.) The Government reserves the right to inspect without further notice; such records of the Contractor as pertain to sales under any contract resulting from this solicitation. Willful failure or refusal to furnish the required reports, or falsification thereof, shall constitute sufficient cause for terminating the contract under FAR 52.212-4(m), Contract Terms and Conditions - Commercial Products and Commercial Services, Termination for Cause.

(e.) Payment Office and Invoicing Instructions for DLA Orders Only:

Vendors shall use Wide Area Workflow (WAWF) for inspection, acceptance and invoicing. The following procedures will apply for all delivery orders:

(1.) The vendor shall send an official e-mail Notification of Delivery and Readiness for Inspection Testing (after delivery for orders requiring installation) or Notification of Installation Completion and Readiness for Inspection Testing (after installation or for orders without installation) to e-mail addresses specified in each order and copying the DLA Troop Support Biomedical Engineer. The Government shall have 30 calendar days to complete the Inspection Testing from the date of the e-mail notification. The subject line of this e-mail shall be “Installation Completion – Readiness for Inspection Testing Notification” or “Notification of Delivery” if requesting an initial 80% delivery payment. This e-mail should include the following as a minimum:

(i.) Complete contract number including delivery order number.

(ii.) Description of the equipment and/or CLINs to be inspected.

(iii.) The Installation Location (Hospital/Facility Name, Room # & Base/City/State).

(iv.) Contractor’s notification POC information: Name, title, telephone # and e-mail address.

(v.) Contractor’s Inspection POC: Name, title, telephone # and e-mail address.

(vi.) Statement requesting customer to:

Attach any applicable documentation such as Proof of Delivery or customer signoffs to e-mail and WAWF receiving report.

An automated WAWF receiving report submission notification is not sufficient for the above notification requirement.

(2.) Concurrently with sending of the official e-mail notification, the contractor shall submit a “Material Inspection and Receiving Report” in the form of an “Other/Other Receiving Report (RR) only” in Wide Area Workflow (WAWF).

Critical WAWF Codes for Other/Other Receiving Report:

Pay Office: SL4701 Issue By = SPE2D1 Admin By = Inspect By = Accept at Other = SPE2D1 Ship to: Provided in each delivery order Errors in critical WAWF codes will result in delayed inspection of the receiving report and may require correction or resubmission prior to processing.

(3.) The DLA Troop Support engineer shall confirm delivery/inspection with the customer and “Inspect” (digitally sign) the receiving report within 30 calendar days, if no deficiencies are identified.

(4.) The DLA Troop Support Contracting Officer shall “Accept” the receiving report within the same allotted 30 calendar days. The Contracting Officer is the only Government representative who can authorize acceptance in WAWF.

(5.) After the inspection process is completed, the vendor shall create and submit an “Invoice Only” from the receiving report in WAWF. This results in a system generated e-mail stating that the invoice has been processed. Upon receipt of the contractor’s invoice, payment will be made in accordance with contract terms. Submitting an invoice prior to the processing of a receiving report may result in delay of payment.

X. WARRANTY

(a.) OPERATIONAL TIME Unit must be operable and available for use 95% of the normal operational time until expiration of the warranty. VA Only Operational times will vary and is site specific. Operational time will be stipulated in each order. DLA Only 7:00am-10:00p.m.; Monday through Friday. Downtime is computed from the time that the Contractor is notified by the Government that equipment is inoperable to the time repair is completed and equipment becomes operable. Scheduled maintenance will be excluded from downtime. Multiple failures to meet this requirement over a three consecutive month period may be grounds for termination for cause under paragraph (m) of clause 52.212-4, "Contract Terms and Conditions -- Commercial Products and Commercial Services ".

The repair request is considered cancelled if the Government for any reason prevents the contractor from accessing the equipment. This period of time shall not be considered as equipment downtime.

(b.) SERVICE DURING WARRANTY The Contractor shall provide a minimum of a one-year warranty from the warranty effective date established by the Government at final acceptance that includes all parts, labor, preventive maintenance and adjustments necessary for normal operation of the equipment at a level meeting all requirements of the purchase description/salient characteristics/specifications. When requested by the government, the contractor shall provide warranty start and end dates for awarded equipment.

NOTE: This specifically includes replacement of the CT and X-Ray tubes as necessary during the warranty period.

Maintenance (i.e. Preventive Maintenance) under warranty shall be scheduled with a designated person from the facility at least two weeks ahead of the time frame the routine maintenance is due. For example – if the routine maintenance is due July 15, then a schedule date should be agreed upon at least two weeks prior to the due date. Other service under warranty shall be provided within 24 hours of notice by the Government requesting maintenance or service under the warranty period. A service request will be issued upon any failure which degrades system performance but does not disrupt continued patient care.

(c.) EMERGENCY AND ROUTINE SERVICE All services covered by Warranty shall be provided during normal Government work hours as stipulated in the delivery order. DLA: working hours (8:00am-5:00pm), Monday through Friday, excluding federal holidays.

When the Government notifies the Contractor of an emergency service request, the Contractor shall provide a qualified engineer within 4 hours of the Government’s request to perform repairs if the notification is made during normal work hours excluding weekends and federal holidays. Telephone response does not satisfy this requirement. An emergency service request will be issued upon any failure in normal equipment operation which disrupts continued patient care.

Service not covered by Warranty such as those to be provided outside of normal Government work hours shall only be requested by a Contracting Officer at the local site and be performed under a different contract outside of this contract. All services performed outside of normal working hours without an appropriate Government contract/order being issued to cover the work shall be performed under a stand-alone contract issued by the local site.

XI. EQUIPMENT REQUIREMENTS

(a.) AVAILABILITY OF PARTS AND SERVICE The contractor shall ensure service and replacement parts are available, and that it is able to provide the parts for a period of ten (10) years after final acceptance.

(b.) OPERATOR TRAINING The Contractor shall provide on-site orientation and training of a minimum of two Government personnel in the use, operation and care of the equipment furnished.