ATTACHMENT B - CONTRACT ADMINISTRATION - NX EQ NONINVASIVE VENTILATORS -.docx

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6515--NX EQ Noninvasive Ventilators
Solicitation number
36C10G24Q0083
Issued by

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This combined synopsis/solicitation from the Department of Veterans Affairs seeks quotes for a requirements contract for noninvasive ventilators and related accessories. The VA requires the following products: a Hamilton C1 ventilator and trolley, circuit support arm, communication board, trends/loop and NIV/NIV S/T applications, lithium-ion battery, and high flow oxygen therapy application. Quotes must demonstrate that products meet 16 salient characteristics including ventilation modes, alarms, tidal volumes, pressure support levels, flow triggers, safety and EMR standards, and battery backup. Vendors may also quote additional ancillary products and services. Quotes are due by March 08, 2024 to the identified contracting staff and must be registered in SAM. The single award IDIQ contract would have a one-year base period and four one-year options for firm fixed price delivery orders to VA medical centers.

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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 William Milline U.S. Department of Veterans Affairs

Strategic Acquisition Center
10300 Spotsylvania Ave., Suite 400

Fredericksburg, VA 22408 William.Milline@va.gov

Contract Specialist 36C10G
Jalima J. Jones
U.S. Department of Veterans Affairs
Strategic Acquisition Center
10300 Spotsylvania Ave., Suite 400

Fredericksburg, VA 22408 Jalima.Jones@va.gov

Program Office POC Daniel R. Hill U.S. Department of Veterans Affairs Strategic Acquisition Center 10300 Spotsylvania Ave., Suite 400 Fredericksburg, VA 22408 Daniel.Hill6@va.gov

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).

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:

COR (Contracting Officers Representative):

Contract/Task Order Number:

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 question 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:

THE FOLLOWING TERMS AND CONDITIONS ARE MANDATORY

1.By establishing a contract, the Vendor agrees to supply established items(s) to satisfy theGovernment’s requirement when an order is place under the contract during the effective periodof performance. If, however, the Vendor determines to terminate production of the selected itemand contemplates replacement with an alternative item, the Government reserves the right toevaluate the potential replacement item(s). There is no guarantee that the Government willevaluate any replacement item(s) favorably. If the Government determines the replacementitem(s) as unacceptable, the individual item(s) or the entire contract may be canceled.
2.EXTENT OF OBLIGATION:
The Government is obligated only to the extent of authorized purchases actually made underthe resultant contract. This contract does not obligate any funds, nor is the Governmentobligated to make any purchases under this contract. The Government does not guaranteeany volume of purchases through a contract. The terms and conditions included in this contractapply to all purchases made pursuant to it. In the event of an inconsistency between theprovisions of this contract and the contract holder’s invoice, the provisions of this contractwill take precedence.
a. Uninterrupted Source of Supply- By establishing a contract, the Quoter agrees to supplyestablished item(s) to satisfy the Government’s requirement when an order is placed underthe contract during the effective period of the established contract. If theQuoter decides toterminate production of the selected item and contemplates replacement with an alternativeitem; the Government reserves the right to evaluate the potential replacement item(s). There isno guarantee that the Government will evaluateany replacement item(s) favorably. If theGovernment determines the replacement item(s)is unacceptable, the individual item(s) or theentire contract may be cancelled.
b. Inspection and Acceptance - The acceptance paragraph in FAR 52.212-4 is based uponthe assumption that the Government will rely on the Contractor’s assurances thatthe commercialitem tendered for acceptance conforms to the contract requirements. TheGovernment inspectionof commercial items will not prejudice its other rights under theacceptance paragraph. Theprovisions of FAR 52.212-4 are incorporated by reference.
3.PURCHASE/ORDERING LIMITATIONS:
Orders placed against this contract are limited to FAR Clause 52.216-19 Order Limitations, asnoted in the contract. The estimated total quantities are listed on ATTACHMENT A – PRICECOST SCHEDULE – NX EQ NONINVASIVE VENTILATORS. The quantities provided areestimates only, and VA makes no guarantee regarding the actual quantities that may bepurchased.

The Veterans Health Administration (VHA) Equipment Life Cycle Management (ELCM) Program identified Noninvasive Ventilators product line as a candidate for a VA-wide (otherwise referred to as “national”) single award Requirement’s contract. The Government's intent for this Requirements contract is to include all ancillary items to ensure the equipment can function as designed by the 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.

4.INDIVIDUALS AUTHORZIED TO PURCHSE UNDER THE CONTRACT:
This is a Strategic Acquisition Center (SAC) decentralized contract. Orders are placed by VAGovernment Ordering Officers (OO) in accordance with the terms and conditions of the specificcontract 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. Any deviation from the terms of the basic contract must be approved in writing by the SAC Contracting Officer responsible for this contract. 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 shall forward the completed Delivery Order in .pdf format to the VHA ELCM OO Team at vaelcmnxeqorderingofficer@va.gov for verification.

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. 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. Contractor will acknowledge receipt of any order submitted by an individual Ordering Officer specified by appointment against the contract.

5.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.

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 – REPORTING TOOL – NX EQ NONINVASIVE VENTILATORS on a monthly basis to the Contract Specialist and Contracting Officer Representative. 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 NONINVASIVE VENTILATORS 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 – REPORTING TOOL – NX EQ NONINVASIVE VENTILATORS based on the Governments fiscal calendar year. See below.

QUARTER
PERIOD OF SALES
SUBMISSION DUE DATE
1st
October – December
Due last day in February
2nd
January – March
May 31st
3rd
April – June
August 31st
4th
July – September
November 30th

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 SAC Government points of contact until the Contractor is notified, in writing, of a different point of contact.

a. Project Manager: TBD

b. Contracting Officer: TBD

c. Contract Specialist: TBD

B.7 ACKNOWLEDGMENT OF AMENDMENTS:

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

AMENDMENT NO
DATE

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