ATTACHMENT B - CONTRACT ADMINISTRATION - NX EQ PHYSIOLOGIC MOTILITY ANALYZERS 02.docx

36C10X26R0054 NX EQ PHYSIOLOGIC MOTILITY ANALYZERS

SECTION B - CONTRACT ADMINISTRATION / INVOICE INSTRUCTIONS

B.1 CONTRACT ADMINISTRATION:

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

a. CONTRACTOR: TBD

b. GOVERNMENT:

Contracting Officer 36C10X Anthony Zibolski U.S. Department of Veterans Affairs

Frederick, MD 21703 Anthony.Zibolski@va.gov

Frederick, MD 21703 Jalima.Jones@va.gov

Deputy Program Manager, ELCM Daniel King VHA Office of Supply Chain U.S. Department of Veterans Affairs Daniel.King4@va.gov

Daniel.King4@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 (within 30 days of delivery) 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: Anthony Zibolski (Contracting Officer) and Jalima Jones (Contract Specialist) COR (Contracting Officers Representative): Daniel King 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.

Instructions and procedures will be provided by the vendor specific to the warranty, maintenance, repairs, and replacement of product and services. At minimum, the vendor will provide the manufacturer warranty period that may include response time, parts, associated maintenance services, products, and consumables.

Product Refresh:

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

The Government reserves the right to not accept the products offered/quoted under product refresh. The contractor will be notified in writing if a product refresh is not accepted. All products offered/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 Americans with Disabilities Act (ADA) and Health Insurance Portability and Accountability Act (HIPAA) Federal requirements.

The contractor shall provide the following information for product refresh:

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

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

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

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

(5) FDA approval, if applicable

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

(7) Copy of Commercial Warranty The request shall be submitted to the COR, copy to the Contract Specialist and Contracting Officer, for review and recommendation of approval to be submitted to the CO. The CO shall prepare a bilateral modification for execution, if approved.

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 the following steps immediately:

Notify the COR and CO at the Enterprise Procurement Office, in writing, by the most expeditious manner possible.

Provide copies of the notification to the Contracting Officer, Contract Specialist, Contracting Officer’s Representative, and Manager at Product Recall Office, all Agencies and VA Facilities who purchased the product, which include, but not be 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

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 PHYSIOLOGIC MOTILITY ANALYZERS. The quantities provided are estimates only, and VA makes no guarantee regarding the actual quantities that may be purchased.

The Veterans Health Administration (VHA) Equipment Life Cycle Management (ELCM) Program identified PHYSIOLOGIC MOTILITY ANALYZERS 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 the 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 the 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.

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 EPO 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. Requesting Facility submits order requests through the NEC Order Portal ELCM NEC Ordering Portal - Power Apps for verification. Questions may be submitted to the VHA ELCM OO Team via email at vaelcmnxeqorderingofficer@va.gov for verification.

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

The contractor shall provide an order confirmation within four (4) working days of receipt of 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 the Contractor’s receipt of order date to the line-item delivery date: The Contractor ARO is ___ days.

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 PHYSIOLOGIC MOTILITY ANALYZERS 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 PHYSIOLOGIC MOTILITY ANALYZERS 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 PHYSIOLOGIC MOTILITY ANALYZERS, based on the Governments fiscal calendar year. See below.

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

a. Contracting Officer: Anthony Zibolski

b. Contract Specialist: Jalima Jones

c. Project Manager: Daniel King

Quantities listed in the CLIN table are only estimated quantities and the Government is not required to purchase the quantity stated in the CLIN table. Funded orders will be placed directly to the vendor by appointed ordering officers.

System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

B.7 ACKNOWLEDGMENT OF AMENDMENTS:

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