ATTACHMENT B - CONTRACT ADMINISTRATION - NX EQ LOW TEMPERATURE STERILIZER.docx

SECTION B – CONTRACT ADMINISTRATION / INVOICE INSTRUCTIONS

B.1 CONTRACT ADMINISTRATION:

All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

TBD

POC

TITLE

EMAIL

PHONE

UNIQUE ENTITY ID

b. GOVERNMENT:

Contracting Officer 36C10G Jessica Smith U.S. Department of Veterans Affairs

Fredericksburg, VA 22408 Jessica..Smith32@va.gov

Fredericksburg, VA 22408 Levi.Russin@va.gov

Program Officer POC

TBD

B.2 CONTRACTOR REMITTANCE ADDRESS:

All payments by the Government to the Contractor will be made in accordance with 52.232-33, Payment by Electronic Funds Transfer—System for Award Management.

B.3 INVOICES:

Payment shall be submitted monthly in arrears based upon delivery, acceptance, and receipt of a properly prepared invoice.

In order to comply with the Improper Payment Elimination and Recovery Act of 2010 (IPERA), the VA has mandated electronic invoice submission to the Veterans Affairs Financial Services Center (VAFSC).

The Contractor shall submit invoice within 30 days of delivery.

B.4 GOVERNMENT INVOICE ADDRESS:

All invoices from the Contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Request.

B.5 FSC MANDATORY ELECTRONIC INVOICE SUBMISSION:

Contractors are required to submit payment requests in electronic form in accordance with the submission instructions below.

TUNGSTEN ELECTRONIC INVOICE SUBMISSION

FSC e-INVOICE PROGRAM THRU AUSTIN PORTAL

FSC MANDATORY ELECTRONIC INVOICE SUBMISSION FOR AUSTIN PAYMENTS

Contracting POC: TBD COR (Contracting Officers Representative): TBD Contract/Task Order Number: TBD

a. Vendor Electronic Invoice Submission Methods:

Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods below.

1. VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

2. A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI). The X12 EDI Web site (http://www.x12.org)

b. Vendor e-invoice Set-Up Information:

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

1. Tungsten e-Invoice Setup Information: 1-877-489-6135

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

3. FSC e-Invoice Contact Information: 1-877-353-9791

4. FSC e-invoice email: vafsccshd@va.gov See https://www.fsc.va.gov/einvoice.asp for more information.

B.6 TERMS AND CONDITIONS:

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

1. The Government is obligated only to the extent of authorized purchases actually made under the resultant contract. The terms and conditions included in this contract apply to all purchases made pursuant to it. In the event of an inconsistency between the provisions of this contract and the Contractors invoice, the provisions of this contract will take precedence.

1. Purchase/Ordering Limitation: Orders placed against this contract are limited to FAR Clause 52.216-19 Order Limitations, as noted in the contract. The estimated total quantities are listed on ATTACHMENT A – PRICE COST SCHEDULE – NX EQ LOW TEMPERATURE STERILIZER. The quantities provided are estimates only, and VA makes no guarantee regarding the actual quantities that may be purchased.

1. The Veterans Health Administration (VHA) Equipment Life Cycle Management (ELCM) Program identified the Sterilizer: Low Temperature: Gaseous Plasma product line as a candidate for an Enterprise-wide (otherwise referred to as “national”) single award Requirement’s contract. The Government's intent on this Requirements contract is to include all ancillary items to ensure the equipment can function as designed by the original equipment manufacturer (OEM) and as clinically required. The Government may, through bilateral modification, add or remove items to this contract that are determined to be within scope of the solicited product line, not limited to the original items awarded. Additionally, any discontinued items may be replaced via future contract modification by the replacement part identified by the OEM, so long as the replacement part serves the same clinical purpose and function as the originally awarded item. Furthermore, any new technology that is presented during performance of this contract may be evaluated by the Government for inclusion into the contract, via bilateral modification. This new technology must be determined to be within scope of the original contract.

1. Individuals Authorized to Purchase Under the Contract:

This is a Strategic Acquisition Center (SAC) decentralized contract. Orders are placed by VA Government Ordering Officers (OO) in accordance with the terms and conditions of the specific contract identified in the OO appointment memorandum approved by a SAC Contracting Officer. OOs may only place orders for those contracts that they are specifically appointed.

Ordering Officers are responsible for issuing and administering orders placed under this contract. Ordering Officers may revise or modify their orders, but only within the scope of this contract. Ordering Officers have no authority to modify any term of this basic contract. In accordance with FAR 52.212-4(d), any deviation from the terms of the basic contract is accomplished via bi-lateral written agreement of the parties.

Orders placed only by designated VHA ELCM Ordering Officers shall be submitted on a fully funded and completed Delivery Order. No orders shall be placed without first obtaining approved funding from a VA facility. VA facilities will submit Ordered and Obligated Delivery Orders (PDF Format) through the ELCM NEC Ordering Portal - Power Apps.

The Contractor shall accept orders against this contract only from the designated VHA ELCM OO when the Delivery Order has been reviewed by the OO for this contract (indicated by the OO signature at the top of the Delivery Order). Fulfilling orders from persons other than the approved Ordering Officer may result in loss or delay in payment for supplies/services provided under such orders.

When a Contracting Officer appoints an Ordering Officer in writing after award, the Contracting Officer will furnish the Contractor with an updated list of individual Ordering Officers authorized to place orders against the contract. The Contractor will acknowledge receipt of any order submitted by an individual Ordering Officer specified by appointment against the contract.

Purchase card orders are not authorized against this contract.

1. Delivery Tickets:

The following provisions apply to all shipments:

Inspection: Destination Acceptance: Destination Shipping: Free on Board (FOB) – Destination Ship To and Mark For: Deliveries shall be marked and shipped to various VHA locations identified in each order placed against the contract.

All shipments, either single or multiple container deliveries, shall bear and contain on the delivery tickets or sales slips (external shipping labels and associated manifests or packing lists) the following at a minimum:

(i) Name of supplier

(ii) Contract/Delivery Order/Task Order number

(iii) Date of purchase

(iv) Contract number

(v) Itemized list of supplies or services furnished

(vi) 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 the invoice is itemized to show this information).

(vii) Date of delivery or shipment

In the case of multiple container deliveries, a statement readable near the VA Order number will indicate total number of containers for the complete shipment (ex. “Package 1 of 2”), clearly readable on manifests and external shipping labels.

The Contractor shall provide an order confirmation within four (4) working days of receipt of the delivery order.

The Contractor will provide tracking information or use of a website to obtain delivery status and proof of delivery.

The After Receipt of Order (ARO) is defined as the established number of days from Contractor’s receipt of order date to the line-item delivery date. The Contractor ARO is ___ days.

Packing Slips/Labels and Lists shall include the following:

IFCAP PO # ____________ (i.e., 166-E11234) Total number of Containers: Package ___ of ___. (i.e., Package 1 of 3)

1. Reports:

Monthly Report: In order for the contracting office to submit the required financial reporting on FPDS-NG the Contractor needs to submit ATTACHMENT E – QUARTERLY SALES REPORT – NX EQ LOW TEMPERATURE STERILIZER on a monthly basis to the Contracting Officer. The report is due by the 5th of each month.

Quarterly Report: In addition to the monthly submission, the same ATTACHMENT E – REPORTING TOOL – NX EQ LOW TEMPERATURE STERILIZER needs to be submitted quarterly as outlined below.

In order to track compliance, VA requires the Contractor to submit the quarterly report of sales in the approved format listed in ATTACHMENT E – QUARTERLY SALES REPORT – NX EQ LOW TEMPERATURE STERILIZER based on the Governments fiscal calendar year. See below.

The Contractor agrees that they shall adhere to this requirement. The Contractor shall provide a quarterly report, no later than 60 calendar days after the end of each fiscal quarter ending December, March, June, and September. Reports shall be sent electronically to the Government points of contact until the contractor is notified, in writing, of a different point of contact.

Jessica.Smith32@va.gov Strategic Acquisition Center (SAC) Department of Veteran Affairs

c. Levi Russin, Contract Specialist Levi.Russin@va.gov Strategic Acquisition Center (SAC) Department of Veteran Affairs

B.7 PRODUCT REFRESH:

Product refresh is when a current CLIN is no longer being manufactured due to obsolescence and the product item is being replaced with a newer, and more often, a superior version of the same item. The current CLIN product will be revised to reflect the refreshed product information, manufacturer’s part number, IDIQ price (inclusive of Service Level Agreement (SLA) fee), etc.

The Government reserves the right to not accept the products quoted under product refresh. The contractor will be notified in writing if a product refresh is not accepted. All products quoted shall be provided with the warranty that is agreed upon for this contract.

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

The contractor shall provide the Contracting Officer’s Representative (COR) and Contracting Officer the following information for product refresh:

(1) A list of specific awarded item(s) being refreshed in the Price/Cost Schedule (to include commercial pricing, discount offered, and IDIQ price (inclusive of SLA fee));

(2) Product literature for the item(s) refreshed.

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

(4) Proper identification of any product requirements and/or procedures related to those product(s) quoted to be refreshed or upgraded.

(5) FDA approval, if applicable

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

(7) Copy of Commercial Warranty.

The request shall be submitted to the COR for review and recommendation of approval to be submitted to the Contracting Officer. The Contracting Officer shall prepare a bilateral modification for execution.

B.8 PRODUCT REMOVAL OR RECALL:

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

Notify the Contracting Officer at the Strategic Acquisition Center in writing, by the most expeditious manner possible.

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

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

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

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

A copy of the notification will be provided to:

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

5. DELIVERY

The Period of Performance will be from date of award for a base of 12-months with four 12-month option periods. Offerors will be required to deliver Bariatric Patient Transfer Lifts and accessories to VHA facilities located in the Continental United States (CONUS) and Outside of the Continental United States (OCONUS). Delivery requirements shall be specified under each individual order.

B.9 DATA RIGHTS:

Commercial license agreements may be made a part of this Contract/Order but only if both parties expressly make them an addendum hereto, as permitted by FAR 12.107. If the commercial license agreement is not made an addendum, it shall not apply, govern, be a part of or have any effect whatsoever on the Contract/Order; this includes, but is not limited to, any agreement embedded in the computer software (clickwrap), any agreement that is otherwise delivered with or provided to the Government with the commercial computer software or documentation (shrink-wrap), or any other license agreement otherwise referred to in any document. If a commercial license agreement is made an addendum, only those provisions addressing data rights regarding the Government’s use, duplication and disclosure of data (e.g., restricted computer software) are included and made a part of this Contract/Order, and only to the extent that those provisions are not duplicative or inconsistent with Federal law, Federal regulation, the incorporated FAR clauses and the provisions of this Contract/Order; those provisions in the commercial license agreement that do not address data rights regarding the Government’s use, duplication and disclosure of data shall not be included or made a part of the Contract/Order. Federal law and regulation including, without limitation, the Contract Disputes Act (41 U.S.C. § 7101 et seq.), the Anti-Deficiency Act (31 U.S.C. § 1341 et seq.), the Competition in Contracting Act (41 U.S.C. § 3301 et seq.), the Prompt Payment Act (31 U.S.C. § 3901 et seq.), Contracts for Data Processing or Maintenance (38 USC § 5725), and FAR clause 52.212-4, 52.227-14 shall supersede, control, and render ineffective any inconsistent, conflicting, or duplicative provision in any commercial license agreement. In the event of conflict between this clause and any provision in the Contract/Order or the commercial license agreement or elsewhere, the terms of this clause shall prevail. The Contractor shall deliver to the Government all data first produced under this Contract/Order with unlimited rights as defined by FAR 52.227-14. Claims of patent or copyright infringement brought against the Government as a party shall be defended by the U.S. Department of Justice (DOJ) IAW 28 U.S.C. § 516; at the discretion of DOJ, the Contractor may be allowed reasonable participation in the defense of the litigation. Any additional changes to the Contract/Order must be made by modification (Standard Form 30) and shall only be made by a warranted Contracting Officer. Nothing in this Contract/Order or any commercial license agreement shall be construed as a waiver of sovereign immunity.

B.10 CONTRACT SPECIAL INSTRUCTIONS:

<Enter special instructions here or list N/A if there are none>

B.11 ACKNOWLEDGMENT OF AMENDMENTS:

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

B.12 PRICE/COST SCHEDULE:

The Contractor shall provide literature for each CLIN with Technical Specifications, Product Brochure, and Color Swatch (if applicable) at no additional cost prior to the contract effective date.