Combined Solicitation 36C25623Q1784.pdf

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6515--STEALTHSTATION S8 SYSTEM (Brand Name Only)
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36C25623Q1784
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This is a solicitation for a StealthStation S8 surgical navigation system and related equipment from Medtronic. The Department of Veterans Affairs Gulf Coast Veterans Health Care System seeks to procure these brand name only items for a total evaluated price. Quotes are due by September 18th, 2023 and shall be submitted electronically to the contracting officer. Pricing shall be provided using the schedule in section B.2 of the solicitation. Equipment must be delivered within 90 days of award. The solicitation incorporates various FAR and VAAR clauses and provisions, and identifies NAICS codes and small business size standards.

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SECTION A – COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

Solicitation Number: 36C25623Q1784

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, in conjunction with FAR Part 13.5, Simplified Acquisition Procedures as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. Requirement is for brand name or Equal products and will be evaluated using the comparative evaluation process outlined in FAR 13.106-2 (b) (3), where quotations will be compared to one another to determine which provides the best benefit to the Government.

2. The combined synopsis/solicitation number is 36C25623Q1784. It is issued as a Request for Quote. The Government anticipates awarding one firm-fixed price purchase order resulting from this solicitation.

3. This solicitation document incorporates provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2023-05 (eff. 09/07/2023) and VAAR Update 2008-37 (eff.

07/28/2023).

4. This requirement is solicited as Unrestricted. The North American Industry Classification System number is 339112 with a size standard in number of 1,000 employees.

5. Place of Performance: Gulf Coast Veterans Healthcare System, 400 Veterans Avenue, Biloxi, MS 39531

6. Delivery Schedule/Installation: All equipment shall be delivered by and installation completed by 90 days from the date of award.

7. All questions regarding this solicitation shall be submitted via email to Albert Kelly (Contract Specialist) at albert.kelly@va.gov no later than 10:00 A.M. Central Standard Time on

09/14/2023.

8. Quotes are due no later than 09/18/2023 at 10:00A.M. Central Standard Time and shall be submitted electronically via e-mail to Albert Kelly at albert.kelly@va.gov

The following provisions apply to this acquisition:

The provision at 52.212-1 Introduction to Offerors – Commercial, applies to this acquisition.

The provision at 52.212-2 ADDENDUM, EVALUATION – COMMERCIAL ITEMS (JAN 1999) apply to this acquisition.

All offers shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications –Commercial Items.

The clause at 52.212-4, Contract Terms and Conditions – Commercial Items, applies to this acquisition and a statement. The addendum to FAR 52.212-4 also applies to this acquisition.

The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or

Executive Orders – Commercial Items, applies to this acquisition and all additional FAR clauses cited in the clause are applicable to the acquisition.

Addendum to FAR 52.212-4 shows FAR clauses followed by VAAR clauses in numeric order.

Solicitation contains a list of all clauses incorporated by reference in numeric order under

52.252-2 (see below), starting first with FAR and followed by VAAR.

36C25623Q1784

Table of Contents

SECTION A

A.1 COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

SECTION B - CONTINUATION OF COMBINED SYNOPSIS/SOLICITATION FOR

COMMERCIAL ITEMS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

B.4 STATEMENT OF WORK (SOW)

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (DEC 2022)

C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.3 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.4 VAAR 852.211-70 EQUIPMENT OPERATION AND MAINTENANCE MANUALS

(NOV 2018)

C.5 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023)

C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.7 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.8 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

C.9 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

C.10 VAAR 852.247-72 MARKING DELIVERABLES (OCT 2018)

C.11 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

C.12 VAAR 852.247-74 ADVANCE NOTICE OF SHIPMENT (OCT 2018)

C.13 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JUN 2023)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAR 2023)

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.5 VAAR 852.215-72 NOTICE OF INTENT TO RE-SOLICIT (OCT 2019)

E.6 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

E.7 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.8 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.9 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

SECTION B - CONTINUATION OF COMBINED SYNOPSIS/SOLICITATION FOR

COMMERCIAL ITEMS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C256 Anthony Marion

Department of Veterans Affairs

Network Contracting Office 16

5075 Westheimer Road, Suite 750

Houston TX 77056-5643

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Upon Delivery and Government Acceptance

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

Requests.

FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp

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

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1.00 EA __________________ __________________

STEALTHSTATION ENT CART KIT

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 9735669KIT

0002 1.00 EA __________________ __________________

STEALTHSTATIONTM ENT SOFTWARE

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 9735736

0003 1.00 EA __________________ __________________

SW 9736155 STEALTHMERGETM SOFTWARE - ENT

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 9736155

0004 2.00 EA __________________ __________________

ENT NAVIGATION INSTRUMENT SET

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 9733452XOM

0005 1.00 EA __________________ __________________

STEALTHSTATIONT EM KIT S8 ENT

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 9735960

0006 2.00 EA __________________ __________________

BUNDLE IPC SYS AND ENDOSCRUB 2 2 ACCESS

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): IPCES2SYSKIT

0007 2.00 EA __________________ __________________

BUNDLE M5 MICRODEBRIDER W/INSTR TRAY

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): M5KIT1

0008 4.00 EA __________________ __________________

CONSOLE NIM4CM01 NIM 4.0

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): NIM4CM01

0009 4.00 EA __________________ __________________

POWER CORD 1897821 6 METER IEC320 115V

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 1897821

0010 8.00 EA __________________ __________________

PATIENT INTERFACE NIM4CPB1 NIM 4.0

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): NIM4CPB1

0011 4.00 EA __________________ __________________

CONN CABLE NIM4CPB2 PAT INTFC NIM 4.0

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): NIM4CPB2

0012 4.00 EA __________________ __________________

INTFC ADAPTOR NIM4CAM1 MUTE PROBE

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical

Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): NIM4CAM1

0013 4.00 EA __________________ __________________

CART NIM4CC01 NIM 4.0

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): NIM4CC01

0014 8.00 EA __________________ __________________

INTFC ADAPTOR NIMCAD400 NIM 4.0 INCREMT

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): NIMCAD400

0015 4.00 PG __________________ __________________

PROBE 8225825X 3PK INCREMT STD PRASS TIP

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 8225825X

0016 5.00 EA __________________ __________________

PATIENT TRACKER 9734887XOM NON-INVASIVE

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 9734887XOM

0017 5.00 EA __________________ __________________

INSTRUMENT TRACKER - ENT

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 9733533XOM

0018 5.00 EA __________________ __________________

INFLATOR KIT

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 18INFKIT

0019 5.00 EA __________________ __________________

BALLOON SEEKER 1830517FRT EM FRNT 5X17MM

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 1830517FRT

0020 5.00 EA __________________ __________________

BALLOON SEEKER 1830617FRT EM FRNT 6X17MM

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 1830617FRT

0021 5.00 EA __________________ __________________

BALLOON SEEKER, EM FRONTAL BALLOON 7.0MM X 17.0MM

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 1830717FRT

0022 5.00 EA __________________ __________________

BALLOON SEEKER, EM MAXILLARY BALLOON 5.0MM X 7.0MM

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 1830507MAX

0023 5.00 EA __________________ __________________

BALLOON SEEKER 1830607MAX EM MAXL 6X7MM

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 1830607MAX

0024 5.00 EA __________________ __________________

BALLOON SEEKER 1830707MAX EM MAXL 7X7MM

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 1830707MAX

0025 5.00 EA __________________ __________________

BALLOON SEEKER 1830517SPH EM SPHN 5X17MM

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 1830517SPH

0026 5.00 EA __________________ __________________

BALLOON SEEKER 1830617SPH EM SPHN 6X17MM

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 1830617SPH

0027 5.00 EA __________________ __________________

BALLOON SEEKER, EM SPHENOID BALLOON 7.0MM X 17.0MM

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 1830717SPH

0028 5.00 PG __________________ __________________

BLADE 1882940HR 5PK M4 INF TURB 2.9MM

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 1882940HR

0029 5.00 EA __________________ __________________

13 CM TRICUT BLADE

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 1884080EM

0030 5.00 EA __________________ __________________

BLADE 1884380EM QUADCUT 4.3MM X 13CM M4

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 1884380EM

0031 5.00 EA __________________ __________________

RAD 40 BLADE

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 1884006EM

0032 5.00 EA __________________ __________________

IMPLANT 60044- PROPEL MINI WITH SDS

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 60044

0033 5.00 EA __________________ __________________

IMPLANT 50011- PROPEL CONTOUR

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 50011

0034 5.00 EA __________________ __________________

BALLOON 1830616EST EUSTACHIAN 6X16MM

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 1830616EST

GRAND TOTAL __________________

B.3 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY

DELIVERY

DATE

0001 SHIP TO: Gulf Coast Veterans Health Care System 400 Veterans Avenue Bldg. 26 Warehouse Biloxi, MS 39531

US

1.00 90 Days ARO

MARK

FOR:

Tiffanie Williams

(228) 523-5375 Tiffanie.Williams@va.gov

0002 SHIP TO: Gulf Coast Veterans Health Care System 400 Veterans Avenue Bldg. 26 Warehouse Biloxi, MS 39531

US

1.00 90 Days ARO

MARK

FOR:

Tiffanie Williams

(228) 523-5375 Tiffanie.Williams@va.gov

0003 SHIP TO: Gulf Coast Veterans Health Care System 400 Veterans Avenue Bldg. 26 Warehouse Biloxi, MS 39531

MARK

FOR:

Tiffanie Williams

0004 SHIP TO: Gulf Coast Veterans Health Care

400 Veterans Avenue Bldg. 26 Warehouse

2.00 90 Days ARO

FOR:

Tiffanie Williams

0005 SHIP TO: Gulf Coast Veterans Health Care

400 Veterans Avenue Bldg. 26 Warehouse

FOR:

Tiffanie Williams

0006 SHIP TO: Gulf Coast Veterans Health Care

400 Veterans Avenue Bldg. 26 Warehouse

FOR:

Tiffanie Williams

0007 SHIP TO: Gulf Coast Veterans Health Care

400 Veterans Avenue Bldg. 26 Warehouse

FOR:

Tiffanie Williams

0008 SHIP TO: Gulf Coast Veterans Health Care

400 Veterans Avenue Bldg. 26 Warehouse

4.00 90 Days ARO

FOR:

Tiffanie Williams

0009 SHIP TO: Gulf Coast Veterans Health Care

400 Veterans Avenue Bldg. 26 Warehouse

FOR:

Tiffanie Williams

0010 SHIP TO: Gulf Coast Veterans Health Care

400 Veterans Avenue Bldg. 26 Warehouse

8.00 90 Days ARO

FOR:

Tiffanie Williams

0011 SHIP TO: Gulf Coast Veterans Health Care

400 Veterans Avenue Bldg. 26 Warehouse

FOR:

Tiffanie Williams

0012 SHIP TO: Gulf Coast Veterans Health Care

400 Veterans Avenue

4.00 90 days ARO

Bldg. 26 Warehouse

Tiffanie Williams

0013 SHIP TO: Gulf Coast Veterans Health Care

400 Veterans Avenue Bldg. 26 Warehouse

4.00

Tiffanie Williams

0014 SHIP TO: Gulf Coast Veterans Health Care

400 Veterans Avenue Bldg. 26 Warehouse

8.00 90 Days ARO

FOR:

Tiffanie Williams

0015 SHIP TO: Gulf Coast Veterans Health Care

400 Veterans Avenue Bldg. 26 Warehouse

FOR:

Tiffanie Williams

0016 SHIP TO: Gulf Coast Veterans Health Care

400 Veterans Avenue Bldg. 26 Warehouse

5.00 90 Days ARO

FOR:

Tiffanie Williams

0017 SHIP TO: Gulf Coast Veterans Health Care System 400 Veterans Avenue Bldg. 26 Warehouse

FOR:

Tiffanie Williams

0018 SHIP TO: Gulf Coast Veterans Health Care

400 Veterans Avenue Bldg. 26 Warehouse

FOR:

Tiffanie Williams

0019 SHIP TO: Gulf Coast Veterans Health Care

400 Veterans Avenue Bldg. 26 Warehouse

FOR:

Tiffanie Williams

0020 SHIP TO: Gulf Coast Veterans Health Care

400 Veterans Avenue Bldg. 26 Warehouse

FOR:

Tiffanie Williams

0021 SHIP TO: Gulf Coast Veterans Health Care

400 Veterans Avenue Bldg. 26 Warehouse

MARK

FOR:

Tiffanie Williams

0022 SHIP TO: Gulf Coast Veterans Health Care

400 Veterans Avenue Bldg. 26 Warehouse

FOR:

Tiffanie Williams

0023 SHIP TO: Gulf Coast Veterans Health Care

400 Veterans Avenue Bldg. 26 Warehouse

FOR:

Tiffanie Williams

0024 SHIP TO: Gulf Coast Veterans Health Care

400 Veterans Avenue Bldg. 26 Warehouse

FOR:

Tiffanie Williams

0025 SHIP TO: Gulf Coast Veterans Health Care

400 Veterans Avenue Bldg. 26 Warehouse

FOR:

Tiffanie Williams

0027 SHIP TO: Gulf Coast Veterans Health Care System 400 Veterans Avenue Bldg. 26 Warehouse

Tiffanie Williams

0028 SHIP TO: Gulf Coast Veterans Health Care

400 Veterans Avenue Bldg. 26 Warehouse

FOR:

Tiffanie Williams

0029 SHIP TO: Gulf Coast Veterans Health Care

400 Veterans Avenue Bldg. 26 Warehouse

FOR:

Tiffanie Williams

0030 SHIP TO: Gulf Coast Veterans Health Care

400 Veterans Avenue Bldg. 26 Warehouse

FOR:

Tiffanie Williams

0031 SHIP TO: Gulf Coast Veterans Health Care

400 Veterans Avenue Bldg. 26 Warehouse

FOR:

Tiffanie Williams

0032 SHIP TO: Gulf Coast Veterans Health Care

400 Veterans Avenue Bldg. 26 Warehouse

Tiffanie Williams

0033 SHIP TO: Gulf Coast Veterans Health Care

400 Veterans Avenue Bldg. 26 Warehouse

FOR:

Tiffanie Williams

0034 SHIP TO: Gulf Coast Veterans Health Care

400 Veterans Avenue Bldg. 26 Warehouse

FOR:

Tiffanie Williams

B.4 STATEMENT OF WORK (SOW)

Statement of Work (SOW)

One (1) Brand Name Only StealthStation S8 Surgical Navigation System

1. Contract Title: One (1) Brand Name Only StealthStation S8 Surgical Navigation System

2. Background: This is a new requirement for the Gulf Coast Veterans Health Care System

GCVHCS Surgical Service. This system is intended as an aid for precisely locating anatomical structures in either open or percutaneous procedures. The Medtronic StealthStation S8 System is the only image navigation system on the surgical market to perform sinus surgery and balloon navigation.

3. Scope: Surgical Service would like to procure (1) StealthStation S8 Surgical Navigation

System. The Contractor shall deliver the system, with itemized system requirements noted in the table below, for the GCVHCS. No Training or Installation Required. Delivery 90 days after receipt of order (ARO).

Item Description Catalog Number Quantity

STEALTHSTATION ENT CART KIT 9735669KIT 1

STEALTHSTATION™ ENT SOFTWARE 9735736 1

SW 9736155 STEALTHMERGE SOFTWARE 9736155 1

ENT NAVIGATION INSTRUMENT SET 9733452XOM 2

STEALTHSTATION™ EM KIT S8 ENT SIDE

EMITTER

9735960 1

BUNDLE IPC SYS AND ENDOSCRUB 2 ACCESS IPCES2SYSKIT 2

BUNDLE M5 MICRODEBRIDER W/INSTR TRAY M5KIT1 2

CONSOLE NIM4CM01 NIM 4.0 NIM4CM01 4

POWER CORD 1897821 6 METER IEC320 115V 1897821 4

PATIENT INTERFACE NIM4CPB1 NIM 4.0 NIM4CPB1 8

CONN CABLE NIM4CPB2 PAT INTFC NIM 4.0 NIM4CPB2 4

INTFC ADAPTOR NIM4CAM1 MUTE PROBE NIM4CAM1 4

CART NIM4CC01 NIM 4.0 NIM4CC01 4

INTFC ADAPTOR NIMCAD400 NIM 4.0 INCREMT NIMCAD400 8

PROBE 8225825X 3PK INCREMT STD PRASS TIP 8225825X 4

PATIENT TRACKER 9734887XOM NON-INVASIVE 9734887XOM 5

INSTRUMENT TRACKER - ENT 9733533XOM 5

INFLATOR KIT 18INFKIT 5

BALLOON SEEKER 1830517FRT EM FRNT

5X17MM

1830517FRT 5

BALLOON SEEKER 1830617FRT EM FRNT

6X17MM

1830617FRT 5

Balloon Seeker, EM Frontal Balloon 7.0mm x 17.0mm 1830717FRT 5

Balloon Seeker, EM Maxillary Balloon 5.0mm x 7.0mm

1830507MAX 5

BALLOON SEEKER 1830607MAX EM MAXL 6X7MM 1830607MAX 5

BALLOON SEEKER 1830707MAX EM MAXL 7X7MM 1830707MAX 5

BALLOON SEEKER 1830517SPH EM SPHN

5X17MM

1830517SPH 5

BALLOON SEEKER 1830617SPH EM SPHN

6X17MM

1830617SPH 5

Balloon Seeker, EM Sphenoid Balloon 7.0mm x 17.0mm

1830717SPH 5

BLADE 1882940HR 5PK M4 INF TURB 2.9MM 1882940HR 5

13 CM TRICUT BLADE 1884080EM 5

BLADE 1884380EM QUADCUT 4.3MM X 13CM M4 1884380EM 5

RAD 40 BLADE 1884006EM 5

IMPLANT 60044- PROPEL MINI WITH SDS 60044- 5

IMPLANT 50011- PROPEL CONTOUR 50011- 5

BALLOON 1830616EST EUSTACHIAN 6X16MM 1830616EST 5

4. Specifications/Characteristics:

Minimum technical specs must be provided to meet the requirements of the GCVHCS:

Brand Name Only-

The StealthStation S8 System by Medtronic is the only image navigation system on the surgical market to perform aftorementioned capabilities and compatible with the existing image navigation system at the GCVHCS and has the following salient characteristics:

• Must provide intuitive user interface with two touchscreen monitors, which support multitouch gestures like pinch-and-zoom and drag-and-drop1

• Must provide visualization with easier manipulation of 2-D and 3-D views and intuitive layering and blending tools

• Must have patient registration with more versatility, such as using both touch and trace techniques within the same registration process

• Must provide model building tools to get more out of the data and improve your planning process

• Must have Single or dual cart configurations for greater flexibility

• Must interface with intraoperative imaging systems, including iMRI , iCT , C-arms, and the O-arm™ surgical imaging system, to orient surgeons with 3-D images of the patient's anatomy

• Must track surgical instruments in real-time, based on preoperative and intraoperative images

• Must relay movements of instrumentation relative to patient anatomy via optical or electromagnetic navigation options

• Must guide planning and approach prior to and during surgery, allowing the surgeon to create, store, and simulate progression along one or more surgical trajectories

• Must integrate with external devices like endoscopes and microscopes, streamlining visualization workflows

• Must have two electromagnetic emitter designs that has a large tracking volume

• Must have optical camera with large tracking volume to provide flexibility in positioning and addressing line-of-sight issues

5. Delivery:

Gulf Coast Veterans Health Care System Warehouse BLDG 26 400 Veterans Ave Biloxi MS, 39531 Mon-Fri 7:00am – 2:30 pm POC: Tiffanie Williams 228-523-5275 The Contractor shall deliver all required equipment within 90 days after receipt of order

(ARO)

6. Period of Performance:

Period of performance shall be within 90 days after contract is awarded. Equipment shall be delivered to: 510 E Stoner Ave, Shreveport, LA 71101 during normal working hours and days.

Normal Working hours are between 7:00 am – 3:30 pm, Monday through Friday. All federal holidays excluded. VA follows all Federal holidays that are set by law (USC Title 5 Section 6103). The Government hereby provides notice and Contractor hereby acknowledges receipt that Government personnel observe the listed days as holidays:

New Year's Day January 1

Martin Luther King's Birthday Third Monday in January

President's Birthday Third Monday in February

Memorial Day Last Monday in May

Juneteenth June 19th

Independence Day July 4

Labor Day First Monday in September

Columbus Day Second Monday in October

Veterans Day November 11

Thanksgiving Day Fourth Thursday in November

Christmas December 25

In addition to the days designated as holidays, the Government observes the following days:

1. Any other day designated by Executive Order;

2. Any other day designated by the President’s Proclamation; and

3. Any other day designated by Federal Statute.

7. Warranty and Support The VA Biomedical Engineering shall have full access to the hardware that constitutes this equipment. The VA Biomedical Engineering point of contact must be briefed, by the vendor, on all upgrades and changes and agrees to each prior to shipment. The vendor shall provide two (2) sets of Instruction for Use manuals (electronic or hard copy) to VA Biomedical Engineering. Additionally, Contractor shall provide the standard OEM (Original Equipment Manufacturer) warranty period for all equipment provided starting upon receipt of delivery to VA.

8. Invoices:

Offeror may submit invoices for any completed and government accepted items on the Price Schedule. See VAAR Clause 852.232-72, Electronic Submission of Payment Requests for invoicing procedures. Payment shall be made upon receipt of a properly prepared detailed invoice, prepared by the Contractor, validated by the Contracting Officer’s Representative (COR). A properly prepared invoice shall contain:

a) Invoice Number and Date

b) Contractor’s Name and Address

c) Accurate Purchase Order Number

d) Supply or Service provided

e) Total Amount Due

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The

Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered;

and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims

Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the

Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the

Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the

Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by

Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt

Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-

5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting

Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the

Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the

Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The

Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the

Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain

Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 4701 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and

41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with

Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service

(TOS), or similar legal instrument or agreement, that includes any clause requiring the

Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.2 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):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

FAR

Number

Title Date

52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST JUN 2020

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

JUN 2020

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON

POSTCONSUMER FIBER CONTENT PAPER

MAY 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

MAR 2023

C.3 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of

Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

C.4 VAAR 852.211-70 EQUIPMENT OPERATION AND MAINTENANCE

MANUALS (NOV 2018)

The Contractor shall follow standard commercial practices to furnish manual(s), handbook(s) or brochure(s) containing operation, installation, and maintenance instructions, including pictures or illustrations, schematics, and complete repair/test guides, as necessary, for technical medical equipment and devices, and/or other technical and mechanical equipment provided per CLIN(s)

. The manuals, handbooks or brochures shall be provided in hard copy, soft copy or with electronic access instructions, consistent with standard industry practices for the equipment or device. Where applicable, the manuals, handbooks or brochures will include electrical data and connection diagrams for all utilities. The documentation shall also contain a complete list of all replaceable parts showing part number, name, and quantity required.

C.5 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB

2023)

(a) No used, refurbished, or remanufactured supplies or equipment/parts shall be provided.

This procurement is for new Original Equipment Manufacturer (OEM) items only. No gray market items shall be provided. Gray market items are OEM goods intentionally or unintentionally sold outside an authorized sales territory or sold by non-authorized dealers in an authorized sales territory.

(b) No counterfeit supplies or equipment/ parts shall be provided. Counterfeit items include unlawful or unauthorized reproductions, substitutions, or alterations that have been mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified item from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitutions include used items represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics.

(c) Vendor shall be an OEM, authorized dealer, authorized distributor, or authorized reseller for the proposed equipment/system, verified by an authorization letter or other documents from the

OEM. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions.

(End of Clause)

C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT

REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a

Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National

Standards Institute (ANSI).

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting

Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office.

Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause)

C.7 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT

2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer

(ACO) for the purpose of performing certain tasks/duties in the administration of the contract.

Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of Clause)

C.8 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

(a) Supplies and equipment. Rejected goods will be held subject to Contractor’s order for not more than 15 days, after which the rejected merchandise will be returned to the Contractor’s address at the Contractor’s risk and expense. Expenses incident to the examination and testing of materials or supplies that have been rejected will be charged to the Contractor.

(b) Perishable supplies. The Contractor shall remove rejected perishable supplies within 48 hours after notice of rejection. Supplies determined to be unfit for human consumption will not be removed without permission of the local health authorities. Supplies not removed within the allowed time may be destroyed. The Department of Veterans Affairs will not be responsible for, nor pay for, products rejected.

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