A. BPA Terms and Conditions.docx

1. Schedule BPA:

The Indian Health Service (IHS), Phoenix Area Office (PAO), Division of Acquisition Management (DAM) is establishing a BPA in accordance with FAR 13.303 to fill repetitive Prescription Eye Glasses supply needs.

PURPOSE OF CONTRACT

2. Description of Agreement:

The contractor shall provide The Phoenix Area Indian Health Service (PAIHS) depends on contracting outside resources with a wide range of expertise in order to provide services not readily available within Indian Health Service (IHS)IHS. This contractor shall provide all personnel, equipment, materials, supplies, and customer service necessary to provide prescription eye glasses to the will provide prescription eye glasses to the patients of the Colorado River Service Unit, Irene Benn Medical Center located in , Moapa, NV.

3. DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

The Contractor shall provide all personnel, equipment, materials, supplies, and managerial skills necessary to provide prescription eye glasses to the Colorado River Service Unit, Irene Benn Medical Center, Moapa, NV

4. Statement of WorkDESCRIPTION/SCOPE OF WORK:

4.1. Standards of Performance: The Contractor shall fabricate all eyeglasses in strict conformance to the eyeglass prescription that has been provided by the optometrist, ophthalmologist, COR or authorized Health Technician. The Contractor shall not add or substitute components or alter the patients' prescription in any way without prior approval and written authority from the optometrist, ophthalmologist, COR, or authorized Health Technician. All items provided by the Contractor shall be new.

4.2. Substitutions: If contract frames are not available and substitutions are requested, the contractor shall notify, in writing or through email, the COR or authorized Health Technician alerting them of the requested substitute. All substituted frames shall be of equal or greater quality at no additional cost. Substitutions shall not be made without prior notification to the COR or authorized technician.

4.3. Lenses: All lenses shall be fabricated and provided in accordance with the standards set forth in the current edition of American National Standards Institute for Ophthalmic Lenses - Recommendation ANSI Z80.1, 2005 Edition. All ophthalmic lenses shall be in accordance with Food and Drug Administration (FDA) Regulation (2) CFR, Parts 3 and 4 for impact resistance, unless otherwise specified in the order. Glass ophthalmic lenses shall be chemically strengthened for impact resistance. All glass and plastic ophthalmic lenses shall be corrected curved lenses. Ophthalmic lenses with cylinder power of less than 1.5D or greater than 1.5D shall be fabricated in minus cylinder form, unless positive cylinder form is specified in the order.

a. Single Vision Lenses. Lenses shall be available in glass, plastic or polycarbonate and need certain hi-index, i.e. 1.65. Construction of single vision lenses shall include progressive, spheres, plano-cylinders and sphero-cylinders in all powers. Clear, framed lenses and oversized blanks shall be available. For single vision patients, suitable pieces of broken lenses can be used for fabricating blank/plano lens.

b. Bifocal Lenses. Lenses shall be available in glass, plastic or polycarbonate and hi-index. Construction of bifocal lenses shall include progressive, spheres, plano-cylinders, and sphero-cylinders in all powers. Add +0.50 to +4.00D. Clear, framed lenses and oversized blanks shall be available. Lenses shall be available in glass with flattop, executive and round segments, and polycarbonate with flattop segments. For single vision patients, suitable pieces of broken lenses can be used for fabricating blank/plano lens

c. Trifocal Lenses. Lenses shall be available in glass, plastic or polycarbonate. Construction of trifocal lenses shall include progressive, spheres, plano-cylinders and sphero-cylinders in all powers. Add +1.50 to +4.00D, 50% intermediate power. Clear, framed lenses and oversized blanks shall be available. Lenses shall be available in glass with flattop, executive and round segments and polycarbonate with flattop segments. For single vision patients, suitable pieces of broken lenses can be used for fabricating blank/plano lens.

d. Photochromic Lenses: Shall be available in glass, plastic, and polycarbonate materials for single vision, multifocal (bifocal & trifocal) and progressive lenses.

e. The Contractor shall provide any special lens design. Special lenses shall be available in opaque, frosted or black, balanced lens, prismatic lens, cataract lens, aspheric lens, and slab-off prism. These requirements will be specified by the Government on the prescription/order. Charges shall be in accordance with the Contractor's current regular published list price (to be provided immediately after award). Updates shall be furnished upon publication.

4.4. Frames:

a. All frames shall be fabricated in accordance with the current edition of the American National Standards Institute Requirements for Dress Ophthalmic Frames ANSI Z80.1, 2005 Edition. All items provided by the contractor shall be new. The Contractor shall provide completely assembled eyeglass frames placed in standard alignment and include mounting of lenses.

b. Contractor shall have, at a minimum, the following variety of frame styles available, within all optical shops performing under this contract:

i. Contractor shall have on hand, at a minimum, seventeen (20) different style Female frames.

ii. Contractor shall have on hand, at a minimum, thirty five (20) different style Male frames.

iii. Contractor shall have on hand, at a minimum, twenty two (20) different style Unisex frames.

iv. Contractor shall have on hand, at a minimum, fifteen (15) different style Kids frames.

c. Upon contract award, the Contractor shall provide free sample frame sets to Irene Benn Health Clinic for each available size combination and color of each men’s, women’s, unisex and kids frames to allow for different eye sizes, bridge sizes, temples and colors. There will be no charge for those frames not returned to the contractor during or at the end of the contract.

d. Metal frame samples shall include both adjustable nose pads and fixed bridges. Any proposed substitutes for, or changes to; the approved frames must be approved in writing by the COR.

e. The contractor shall maintain an adequate inventory of all items covered by this solicitation and shall provide a similar or equal item if stock is not immediately available or in case of emergency. The contractor will work with their suppliers to ensure stock is maintained at all times and no undue delays are incurred. Any substitute items shall be approved by the COR. The Contractor shall be staffed and stocked to render prompt service and shall be equipped and trained to render satisfactory and courteous service at all times to the COR and Health Technician.

f. Backorders for frames are not to exceed ten (10) work days.

4.5. Cases: Contractor shall provide one eyeglass case, at no charge, with each pair of glasses furnished. Cases shall not scratch glasses and able to hold eye glasses.

4.6. Prescribing Errors: The Contractor shall make corrections in prescribing errors at no cost to the Government.

4.7. Delivery: Contractor is responsible to meet the ten working day delivery schedule after receipt of the prescription eye glass and frame order.

4.8. Orders: Contractor must have the capability to receive orders via email or fax. Contractor shall provide ordering sheet to the COR to place orders.

4.9. Training: The Contractor shall provide training to Irene Benn Medical Center employees’ on how to properly measure glasses for each patient’s correct size.

4.10. Equipment: The Contractor shall provide all equipment needed to properly measure the glasses.

4.11. Performance, Delivery, Inspection and Acceptance:

a. Under normal circumstances, the Contractor is required to deliver items under this contract no later than ten Federal working days after receipt of a BPA Call order. The Contractor shall notify the COR in the event he/she is unable to deliver the required items in accordance with the Government's required delivery date. Failure by the Contractor to provide a written notification within 48 hours as specified above constitutes receipt of an order.

b. Deliveries shall be standard ground services to the Irene Benn Medical Center.

c. During the 90-day period after acceptance, all necessary adjustments (i.e., material defects, distortion, etc.) shall be made by the Contractor. The Contractor warrants/guarantees the eyeglasses against defective and/or workmanship for a minimum of one year from the date of acceptance. Manufacturer's warranties of eyeglass components that extend beyond the minimum one-year period shall be expressed and also enforced. The Contractor agrees to furnish without additional cost to the Government, all labor and materials necessary to correct defects that were detected during the guarantee period. Should the prescription be incorrectly filled, the Contractor agrees to make corrections at no additional cost to the Government. These conditions do not apply to adjustments incidental to the wearing of eyeglasses, adjustments required by physical change of the wearer, or where there is evidence of deliberate misuse of alteration by anyone other than the Contractor. If eyeglasses are returned to the Contractor for correction for a problem due to their error, the corrected glasses shall be returned to the Irene Benn Medical Center within five days of receipt of the defective glasses.

d. The Contractor shall immediately notify the Contracting Officer and the COR in the event of a product recall, removal, required adjustment, or required modification that is suggested or mandated by the Contractor, distributor, manufacturer, or any other regulatory or official agency. The information that shall be included in this notification includes:

v. A complete item description, identification;

vi. Administrative identification data including contract number, order numbers and order date;

vii. Reasons for recall, removal, adjustment or modification; and

viii. Instructions for appropriate corrective action.

The Contractor shall provide prescription eye glasses based on a written prescription from a qualified optometrist/ophthalmologist. Quantities contained in this award shall be based on actual quantities ordered by the health care center.

Authorized callers: To be identified upon contract award.

5. Minimum Qualifications:

Contractor shall have a minimum of 3 years of experience in production, delivery and support of Prescription Eye Glass supplies.

6. Price Schedule:

See attachment Price Schedule.

7. Ordering Frequency:

Orders will be issued on an “As Needed Basis” by the ordering activity.

8. Extent of Obligation:

The Schedule BPA does not obligate any funds. The Government is obligated only to the extent of authorized orders actually made under the BPA Call.

9. BPA Purchase Limitation:

The dollar minimum limit for each BPA Call is $25.00 and the dollar maximum limit for each BPA Call shall not exceed $14,000.00 for the CO and the authorized Ordering Official.

The dollar maximum limit for the BPA shall not exceed $14,000.00.

10. Limit Purchase to Prescription Eye Glasses Supplies:

The following Prescription Eye Glasses Supplies from the Price Schedule can be ordered under this BPA. All orders placed against this BPA are subject to the BPA Terms and Conditions.

All products listed on Price Schedule can be purchased using this BPA

11. BPA Orders:

The Ordering Officials shall place orders electronically or verbally and provide the Contractor with a BPA Call number. A purchase document may be issued if necessary to ensure that the Contractor and the Ordering Official agree concerning the transaction. The Contractor shall provide the Ordering Official a confirmation number and estimated time of arrival (ETA). When delivery is made, the supplier’s sales document, delivery document or invoice may be used for the purpose of recording receipt and acceptance of the supplies.

One order for prescription eye glasses and frame shall not exceed the amount of $400.00. Contractor shall provide option to lower the amount to less than or equal to $400.00.

12. BPA Period of Performance:

Base Year: 03/01/2021 to 2/28/2022

13. Individuals Authorized to Purchase Under the BPA:

14. Delivery Location and Time:

Irene Benn Medical Center 10 Lincoln Street, Eye Department Moapa, NV 89025

Deliveries shall be made during Monday through Friday from 8:00 A.M. to 4:00 P.M. (Mountain Standard Time).

15. Contracting Officer’s Representative (COR):

Juli Whitson Haws, CRSU, is hereby designated as the COR to monitor the performance of this BPA on behalf of the Government.

16. COR Responsibilities:

The Contracting Officer shall designate the COR representing the Government for the purpose of this contract in writing. Such designation will set forth the duties specifically delegated in regard to the performance of this contract. A copy of the designation will be provided to the contractor.

The COR is responsible for Contractor accountability, monitor contract performance, and assist the Contractor in the resolution of program problems encountered during the performance of this contract.

The COR shall be responsible for:

· Monitoring the Contractor’s technical progress, including the surveillance and assignment of performance and recommending to the Contracting Officer changes in requirements

· Interpreting the Statement of Work

· Performing technical evaluation as required

· Performing technical inspection and acceptance required by the contract

· Assisting the contractor in the resolution of technical problems encountered during performance

The COR’s responsibilities will be to coordinate with the contractor the technical aspects of this service and the review of performance hereunder.

The COR does NOT have authority to modify or change the terms and conditions of the contract.

17. DELIVERY TICKET REQUIREMENTS:

BPA orders issued against this BPA number _____________________ will clearly identify “deliver to” information for all items requested. Orders placed against this BPA order can be issued in support of the following facility, see paragraph 13.

Unless otherwise agreed to, all deliveries under this BPA Order must be accompanied by delivery tickets, shipping slips and sales slips at a minimum must contain the following:

a) Name of Supplier.

b) BPA Call Order Number,.

c) Date of Purchase.

d) Supplier Purchase Number.

e) Itemized list of Supplies Ordered.

f) Quantity, Unit Price, and Extension of Each Item. Less Applicable Discounts (unit prices and extensions need not be shown when incompatible with the use of automated systems; provided, that the invoice is itemized to show the information).

g) Date of Delivery or Shipment.

18. Tax Exempt Status:

See Attachment, 2021 AZ Tax Exemption.

19. Method of Payment and Invoice Submission:

a) Payment shall be made in ARREARS, After Order Is Shipped;

b) Electronic Funds Transfer (EFT) shall be utilized as method for processing payment;

c) Upon receipt of the Contractor’s properly prepared invoice, COR is responsible for certifying the invoice for acceptance of delivery and contacting a Unified Financial Management System (UFMS) “receiver” to request a receiving receipt.

d) Improperly prepared invoices will be returned to the Contractor resulting in delayed payment. The following constitutes a “properly” prepared invoice:

· Invoice #.

· Invoice Date.

· BPA Call Order Number.

· Date of purchase/delivery.

· Contractor name, address, telephone number.

· Contractor’s tax identification number (TIN).

· Item/Equipment, quantity, unit price and extended totals per item.

· Total amount invoiced.

e) An original invoice and copy shall be submitted to the address cited on Page 1, block 21, on each order and a copy to the POC:

As noted on block 21 of each “order”

40 N. Central Ave., 2 Renaissance Square Suite 512, Financial Management Branch Phoenix, AZ 85044-4424 or email to PHXAOAP-Team@ihs.gov

20. Clauses:

52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/vffara.htm

52.212-5 Contract Terms and Conditions Required to Implement Statutes of Executive Orders – Commercial Items (Jan 2021)

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).

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

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

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

__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note).

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

__ (10) [Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved] X_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Jun 2020) of 52.219-9 X_ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f).

__ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar2020) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15U.S.C. 637(a)(17)).

X_(27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

X_(28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).

X_(29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X_(30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

__ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

__ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

__ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X_(35) (i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

X_(44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

X_(48) 52.225-1, Buy American-Supplies (Jan2021) (41 U.S.C. chapter 83).

X_(49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Jan 2021)(41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (Jan 2021) of 52.225-3.

__ (iii) Alternate II (Jan 2021) of 52.225-3.

__ (iv) Alternate III (Jan 2021) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X_(51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X_(58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Feb 2006) of 52.247-64.

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

[Contracting Officer check as appropriate.] __ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509).

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

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiii)

(A) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xix)

(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

52.217-8 Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 Days.

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984)

The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on the Government installation. If the Contractor’s failure to use reasonable care causes damage to any of this property, the Contractor shall replace or repair the damage at no expense to the Government as the Contracting Officer directs. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price.

Department of Health and Human Services Acquisition Regulations (HHSAR) (48 CFR Chapter 3) clauses and Federal Acquisition Regulation (FAR) Clauses:

21. Contract Administration Data

1. Contract Administrator:

Donovan Conley, Contracting Specialist Phoenix Area Office, Division of Acquisition Management 40 North Central Ave, Suite 507, 2 Renaissance Square Phoenix, AZ 85004 Phone: (602) 364-5174 Donovan.Conley@ihs.gov

2. Contractor Point of Contact:

See OF-347 page -1.

3. Federal Acquisition Regulations (FAR): Require all contractors conducting business with the Government to be registered in the online database: 1) The System Awards Management System (SAM) Government-wide online database for the provision of basic information relative to contract awards [refer to FAR Clause 52.212-4, para (t)].

You may accomplish these registrations online at the following web sites:

SAM – http://www.sam.gov

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

a. Contractor Information: (Provide Name and Address)

DUNS Number: ___________ (Provide Duns No.)

[See FAR 52.212-1 Instructions… (j) Data Universal Numbering System (DUNS) Number]

TAX ID: ___________ (Provide Tax ID)

b. GOVERNMENT:

5. Contractor Remittance Address: All payments by the Government to the contractor shall be electronically reimbursed:

[X} 52.232-34, Payment by Electronic Funds Transfer- The Debt Collection Act of 1996 requires that Federal non-tax payments made after January 1, 1996 be made by Electronic Funds Transfer (EFT

[ ] 52.232-36, Payment by Third Party

6. Invoices: Invoices shall be submitted in ARREARS:

7. Government Invoice Address: All invoices from the contractor shall be submitted electronically.

Invoicing/Billing:

Contractor shall establish a recordkeeping system of contractor services provided. Contractor may only bill for purchase of equipment provided to the IHS. At the end of all item shipped, the contractor will submit an invoice for payment.

Invoice Requirements and Supporting Documentation: Supporting documentation and invoices must be submitted after product has been shipped out. Changes or corrections shall be submitted by separate invoice. In addition to information required for submission of a “proper” invoice in accordance with FAR 52.212-4 (g) all invoices must include:

Electronic Invoicing: All invoices are to be submitted by email to PHX_AOAP-Team@ihs.gov.

Phoenix Area Office Indian Health Service 40 N. Central Ave., 2 Renaissance Square Suite 512, Financial Management Branch Phoenix, AZ 85044-4424

The contractor shall accept payment for lease or purchase and services rendered under this contract as payment in full. The Contractor shall not bill, charge, collect a deposit from, seek compensation, remuneration, or reimbursement from, or have any recourse against, any person or entity other than the Indian Health Service for lease or purchase and services provided pursuant to this contract. It shall be considered fraudulent for the Contractor to bill other third parties for services rendered under this contract. This provision shall survive the termination or ending of the contract.

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

8. TAX EXEMPT STATUS:

THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, PHOENIX AREA INDIAN HEALTH SERVICE IS TAX EXEMPT UNDER A.R.S. 42-5063 (C)(3)(a), 42-5067 (B)(1), 42-5065 (B)(2)(a), 42-5066 (B)(3)(a), 42-5074 (B)(7), 42-5071 (B)(2)(a), 42-5061 (A)(25)(a), AND 42-5159 (A)(13)(a), (b), (c) STATE OF ARIZONA DEPARTMENT OF REVENUE.

1. PLACE OF PERFORMANCE:

Award shall be for services performed at the following location:

Irene Benn Medical Center 10 Lincoln St Moapa, NV 89025

DELIVERABLES:

The Contractor shall provide all display cases needed to display eye glass frames that are available.

The Contractor shall provide at least 70 different styles of eye glass frames in variety of price ranges to be displayed at the clinic. This should include frames for both children and adults.

The Contractor shall provide training to Irene Benn Medical Center employees’ on how to properly measure glasses for each patient’s correct size.

The Contractor shall provide all equipment needed to properly measure the glasses. The Contractor shall provide all forms needed to measure and order glasses.

BLANK PURCHASE AGREEMENT (BPA): SCOPE OF WORK FOR PRESCIPTON EYE GLASSES AT THE IRENE BENN HEALTH CLINIC IN MOAPA, NV

PERIOD OF PERFORMANCE

Performance period of this contract is anticipated to begin on TBD and shall not extend beyond the completion date of TBD (base year) plus four (4) option years, unless the period is changed by written modification to the contract issued and signed by the Contracting Officer. If the Government exercises its option to renew pursuant to FAR Clause 52.217-9, Option to Extend the Term of the Contract the following schedule shall prevail:

Base Year: June 1, 2020 – May 31, 2021 1st Option Year: TBD – TBD 2nd Option Year: TBD – TBD 3rd Option Year: TBD – TBD 4th Option Year: TBD – TBD

Standards of Performance: The Contractor shall fabricate all eyeglasses in strict conformance to the eyeglass prescription that has been provided by the optometrist, ophthalmologist, COR or authorized technician. The Contractor shall not add or substitute components or alter the patients' prescription in any way without prior approval and written authority from the optometrist, ophthalmologist, COR, or authorized technician. All items provided by the Contractor shall be new.

Substitutions: If contract frames are not available and substitutions are requested, the contractor shall notify, in writing or through email, the COR or authorized technician alerting them of the requested substitute. All substituted frames shall be of equal or greater quality at no additional cost. Substitutions shall not be made without prior notification to the COR or authorized technician.

Lenses: All lenses shall be fabricated and provided in accordance with the standards set forth in the current edition of American National Standards Institute for Ophthalmic Lenses - Recommendation ANSI Z80.1, 2005 Edition. All ophthalmic lenses shall be in accordance with Food and Drug Administration (FDA) Regulation (2) CFR, Parts 3 and 4 for impact resistance, unless otherwise specified in the order. Glass ophthalmic lenses shall be chemically strengthened for impact resistance. All glass and plastic ophthalmic lenses shall be corrected curved lenses. Ophthalmic lenses with cylinder power of less than 1.5D or greater than 1.5D shall be fabricated in minus cylinder form, unless positive cylinder form is specified in the order.

Single Vision Lenses. Lenses shall be available in glass, plastic or polycarbonate and need certain hi-index, i.e. 1.65. Construction of single vision lenses shall include progressive, spheres, plano-cylinders and sphero-cylinders in all powers. Clear, framed lenses and oversized blanks shall be available. For single vision patients, suitable pieces of broken lenses can be used for fabricating blank/plano lens.

Bifocal Lenses. Lenses shall be available in glass, plastic or polycarbonate and hi-index. Construction of bifocal lenses shall include progressive, spheres, plano-cylinders, and sphero-cylinders in all powers. Add +0.50 to +4.00D. Clear, framed lenses and oversized blanks shall be available. Lenses shall be available in glass with flattop, executive and round segments, and polycarbonate with flattop segments. For single vision patients, suitable pieces of broken lenses can be used for fabricating blank/plano lens Trifocal Lenses. Lenses shall be available in glass, plastic or polycarbonate. Construction of trifocal lenses shall include progressive, spheres, plano-cylinders and sphero-cylinders in all powers. Add +1.50 to +4.00D, 50% intermediate power. Clear, framed lenses and oversized blanks shall be available. Lenses shall be available in glass with flattop, executive and round segments and polycarbonate with flattop segments. For single vision patients, suitable pieces of broken lenses can be used for fabricating blank/plano lens.

Photochromic Lenses: Shall be available in glass, plastic, and polycarbonate materials for single vision, multifocal (bifocal & trifocal) and progressive lenses.

The Contractor shall provide any special lens design. Special lenses shall be available in opaque, frosted or black, balanced lens, prismatic lens, cataract lens, aspheric lens, and slab-off prism. These requirements will be specified by the Government on the prescription/order. Charges shall be in accordance with the Contractor's current regular published list price (to be provided immediately after award). Updates shall be furnished upon publication.

Frames:

All frames shall be fabricated in accordance with the current edition of the American National Standards Institute Requirements for Dress Ophthalmic Frames ANSI Z80.5, 2004 Edition. All items provided by the contractor shall be new. The Contractor shall provide completely assembled eyeglass frames placed in standard alignment and include mounting of lenses.

Contractor shall have, at a minimum, the following variety of frame styles available, within all optical shops performing under this contract:

Contractor shall have on hand, at a minimum, seventeen (17) different style Female frames.

Contractor shall have on hand, at a minimum, thirty five (35) different style Male frames.

Contractor shall have on hand, at a minimum, twenty two (22) different style Unisex frames.

Upon contract award, the Contractor shall provide free sample frame sets to each medical center and eye clinic in each available size combination and color of each men’s, women’s and unisex frame to allow for different eye sizes, bridge sizes, temples and colors. New frame samples shall be provided with each contract renewal at no charge. There will be no charge for those frames not returned to the contractor during or at the end of the contract.

Metal frame samples shall include both adjustable nose pads and fixed bridges. New frame samples shall be submitted prior to each contract renewal. These frames must be approved by the VA prior to contract performance. Any proposed substitutes for, or changes to; the approved frames must be approved in writing by the Contracting Officer’s Representative (COR). Upon contract award and upon COR written approval of the submitted frames, the contractor shall provide, to the VA Healthcare System, two (2) sample kits and two (2) display cases for frames at no charge.

The contractor shall maintain an adequate inventory of all items covered by this solicitation and shall provide a similar or equal item if stock is not immediately available or in case of emergency. The contractor will work with their suppliers to ensure stock is maintained at all times and no undue delays are incurred. Any substitute items shall be approved by the COR. The Contractor shall be staffed and stocked to render prompt service and shall be equipped and trained to render satisfactory and courteous service at all times to the veteran beneficiaries.

Backorders for frames are not to exceed seven (7) work days.

Cases: Contractor shall provide one eyeglass case, at no charge, with each pair of glasses furnished. Cases shall not scratch glasses, be leather like, cushioned, and able to fit in shirt pocket. Eyeglass cases shall be the sliding style or snap style – at the discretion of the beneficiary.

Prescribing Errors: The Contractor shall make corrections in prescribing errors at no cost to the Government.

Mounting Lenses: Contractor shall mount lenses for patient owned frames, when requested. Contractor is responsible to meet the five-day delivery schedule after receipt of the eyeglass frame and delivery order.

Error/Defect Limitation: No more than a two percent error/defect tolerance of prescribed of prescribed frame measurements and lens refraction will be acceptable. Exceeding the two (2) percent requirement for orders placed by any one given facility will be grounds for possible termination. This requirement will be strictly monitored.

Direct Mail: Direct mail from the Contractor to the veteran shall be available upon request of the ordering facility at no additional charge. Contractor shall mail (at the least via priority mail) eyeglasses in sufficient time to meet the five-business day delivery. Contractor shall submit written notification to the ordering facility, noting to whom the eyeglass was addressed, delivery order number and date of mailing. For all VISN 16 Facilities, the VA reserves the right to have the eyeglasses delivered to the VA Eye Clinic at no additional charge to confirm the proper fitting of the eyeglasses with the patient; for those VISN 16 facilities with contracted Optician services, the contract Optician would confirm the fitting with the patient at no additional charge.

Orders:

Contractor must have the capability to receive orders via facsimile and/or electronic encrypted transmission.

Invoices of orders submitted for payment shall include the contract number, purchase/delivery order number, beneficiary’s name; detail of work accomplished. All invoices will be submitted in accordance with the address(es) provided in Attachment A. The preferred method of payment will be the Government Visa Credit Card and the Contractor must be capable of accepting it for payment. The contractor will also need to be able to process at Level II. If this involves additional machinery or computers, this will be at the contractor’s expense.

For VAs using Government Visa, a…