ATTACHMENT B - CONTRACT ADMINISTRATION - NX EQ PILL COUNTERS.docx

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6515--NX EQ Pill Counters
Solicitation number
36C10X26Q0096
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This is a Contract Administration document for a Requirements contract for NX EQ Pill Counters issued by the Department of Veterans Affairs Strategic Acquisition Center (Solicitation Number 36C10X26Q0096). The document establishes administrative procedures for contract performance, including key government contacts: Contracting Officer Kimberly LeMieux, Contract Specialist Jalima Jones, Deputy Program Manager Annette Holland, and Contracting Officer Representative Hoang Le. All payments will be made via Electronic Funds Transfer through the System for Award Management, with invoices submitted monthly within 30 days of delivery and acceptance through the VA's mandatory electronic invoice submission system via Tungsten or X12 EDI formats. Orders are placed by designated VHA Equipment Life Cycle Management (ELCM) Ordering Officers through the NEC Order Portal using fully funded Delivery Orders, with the contractor required to provide order confirmation within four working days and tracking information for all shipments.

The contract operates as a decentralized Strategic Acquisition Center contract with no guaranteed purchase volume, and the government reserves the right to evaluate and add replacement items or new technology within scope through bilateral modification. Shipments must be marked FOB Destination with specific delivery ticket requirements including supplier name, contract number, date of purchase, itemized supplies, quantities, unit prices, and delivery date. The contractor is required to submit monthly reports by the 5th of each working month and quarterly sales reports within 60 calendar days after each fiscal quarter ending (February 28, May 31, August 31, and November 30) in the format specified in Attachment E. All terms and conditions in the contract take precedence over vendor invoices, and fulfilling orders from unauthorized personnel may result in payment delays or loss.

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36C10X26Q0096 NX EQ PILL COUNTERS

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 Kimberly LeMieux U.S. Department of Veterans Affairs

Strategic Acquisition Center - Frederick
5202 Presidents Court, Ste 103

Frederick, MD 21703 Kimberly.LeMieux@va.gov

Contract Specialist 36C10G.
Jalima J. Jones
U.S. Department of Veterans Affairs
Strategic Acquisition Center - Frederick
5202 Presidents Court, Ste 103

Frederick, MD 21703 Jalima.Jones@va.gov

Deputy Program Manager, ELCM Annette Holland VHA Office of Supply Chain U.S. Department of Veterans Affairs Annette.Holland@va.gov

Contracting Officer Representative (COR) ELCM
Hoang Le
VHA Office of Supply Chain
U.S. Department of Veterans Affairs

Hoang.Le@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: Jalima Jones (Contract Specialist); Kimberly LeMieux (Contracting Officer) COR (Contracting Officers Representative): Hoang Le 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.THE FOLLOWING TERMS AND CONDITIONS ARE MANDATORY
.By establishing a contract, the Vendor agrees to supply established items(s) to satisfy the Government’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 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.
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 Government obligated to make any purchases under this contract. The Government does not guarantee any volume of purchases through a 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 contract holder’s invoice, the provisions of this contract will 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 the Quoter decides 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) is unacceptable, the individual item(s) or the entire 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 that the commercial item tendered for acceptance conforms to the contract requirements. The Government inspection of commercial items will not prejudice its other rights under the acceptance paragraph. The provisions 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, as noted in the contract. The estimated total quantities are listed on ATTACHMENT A – PRICE COST SCHEDULE – NX EQ PILL COUNTERS. 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 PILL COUNTER 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.

4.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 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. 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.

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 forsupplies/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.
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

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 PILL COUNTERS 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 PILL COUNTERS 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 PILL COUNTERS, 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. Contracting Officer: Kimberly LeMieux

b. Contract Specialist: Jalima Jones

c. Project Manager: Hoang Le

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:

AMENDMENT NO
DATE

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