S02_36C26224Q1339 Maintenance and Repair of Scopes.docx

36C26224Q1339

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

605-24-4-027-0408

08-02-2024 Marie Conforto marie.conforto@va.gov 08-09-2024

4:00 PM

PDT

36C262

Department of Veterans Affairs NCO22- Network Contracting 4811 Airport Plaza Drive, Suite 600 Long Beach CA 90815

X

811210

N/A

Department of Veterans Affairs VA Loma Linda Healthcare System 11201 Benton Street

Loma Linda CA 92357 36C262

Department of Veterans Affairs NCO22 - Network Contracting 4811 Airport Plaza Drive, Suite 600 Long Beach CA 90815

This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.

See CONTINUATION Page

Maintenance and Repair of government owned scopes.

See CONTINUATION Page

MAYTE DIAZ

CONTRACTING OFFICER

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

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 36C262 Mayte Diaz

Department of Veterans Affairs NCO22- Network Contracting 4811 Airport Plaza Drive, Suite 600 Long Beach CA 90815

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

3. INVOICES: Invoices shall be submitted in arrears:

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.

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

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

EE58886, EVOTECH SYS,FULL EV04-7 SN5041120244, Bldg 1, Rm 3C-24 Contract Period: Base POP Begin: 08-14-2024 POP End: 08-13-2025 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

B.3 DELIVERY SCHEDULE

Healthcare Loma Linda 11201 Benton Street Loma Linda, CA 92357

USA

909-825-7084 michael.calderon@va.gov

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 FSS-BPA TERMS AND CONDITIONS

This order is subject to the terms referenced in BPA and the General Services Administration (GSA) Federal Supply Schedule Contract # .

C.2 VAAR 852.208-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS – ORDERS or BPAs (JAN 2023) (DEVIATION)

(a) In an effort to increase contracting opportunities for Veterans, depending on the evaluation factors included in the solicitation, VA will evaluate responses received based on the schedule Contractor’s certified service-disabled veteran-owned small business/veteran-owned small business (SDVOSB/VOSB) status; and/or their proposed use of certified SDVOSB/VOSB listed in the SBA certification database on the SBA Veteran Small Business Certification Program portal at https://veterans.certify.sba.gov/ (see 13 CFR 128) as subcontractors or teaming partners.

(b) To receive credit under this clause a contractor or subcontractor must be listed, at time of submission of offer/quotes and at time of award, as certified SDVOSB/VOSB in the SBA certification database on the SBA Veteran Small Business Certification Program portal at https://veterans.certify.sba.gov/ (see 13 CFR 128) and be otherwise eligible in accordance with SBA size Standards for the acquisition and limitations on subcontracting requirements set forth in SBA regulations (see 13 CFR 121, 125 and 128.).

(c) A certified SDVOSB listed in the SBA certification database schedule holder will receive full credit, and a certified VOSB listed in the SBA certification database schedule holder will receive partial credit for the SDVOSB/VOSB status evaluation factor.

(d) Offerors other than SDVOSBs or VOSBs proposing to use certified SDVOSBs/VOSBs listed in the SBA certification database as subcontractors/teaming partners, will receive some consideration under this evaluation factor. To receive consideration, offerors must provide in their proposals:

(1) The name(s) and contact information of the certified SDVOSB(s)/VOSB(s) listed in the SBA certification database with whom they intend to team or subcontract.

(2) A brief description of the proposed team or subcontractor(s) arrangement.

(3) The approximate dollar value of the proposed teaming arrangements or subcontract(s).

(4) Evidence of teaming partner/ subcontractor’s listing in the SBA certification database.

(e) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

(End of Clause)

C.3 VAAR 852.208-71 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTOR COMMITMENTS-ORDERS AND BPAS (JAN 2023) (DEVIATION)

(a) The Contractor agrees, if selected on the basis of having certified service-disabled veteran-owned small business (SDVOSB) or veteran-owned small business (VOSB) status (see 13 CFR 128), to comply with the eligibility requirements in subpart 819.70, including the limitation on subcontracting requirements at 13 CFR 125.6.

(b) The Contractor agrees, if selected for award on the basis of teaming/subcontracting in accordance with 852.208–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors—Orders and BPAs, to use the evaluated firm(s) as proposed or if approved by contracting officer to substitute one or more certified SDVOSB/VOSB listed in the SBA certification database for work of the same or similar value.

(c) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

(End of Clause)

C.4 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):

(End of Clause)

C.5 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)

Page 1 of

Page 1 of

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 STATEMENT OF WORK/ SPECIFICATIONS

1. DESCRIPTION OF WORK:

The Contractor shall furnish all labor, transportation, materials, tools, supplies and spare parts to perform repair of scopes on an as needed basis. Equipment included are but not limited to the following: Rigid endoscopes, Flexible Endoscopes, GI Video Endoscopes, GI Specialty Scopes, Medical Bronchoscopes, Cytoscopes, Ultrasound Probes, Laryngoscopes, Rhino Laryngoscopes, NasoLaryngoscopes, Rhino-Laryngofiberscope, Ureterorenoscopes, Light Sources, Hand Pieces, Video Processors, Surgical Endoscopes, Surgical Bronchoscopes, Surgical Fiberscope, Surgical Laparoscopes, Surgical Specialty Scopes, Surgical Cameras, Surgical Specialty Cameras, Surgical Telescopes, Urology Fiberscope, Urology Specialty Scopes, Ultrasound Probes for the VA Loma Linda Healthcare System (VALLHS).

Manufacturers include, but are not limited to: Olympus, ABC Lab, Pentax, Verathon, Aleet Commercial, Terumo, Maquet Medical, Siemens, Karl Stortz, Intuitive surgical, Bryan Corp, Richard Wolf GMBH, Stryker, Smith and Nephew, Given Imaging, Gyrus, Olympus, Siemens, and Conmed.

2. SCOPE:

In the context of this contract, ‘Equipment’ refers to any patient critical instrumentation that is used in surgical or endoscopic procedures. Equipment as used herein includes the following:

a. Rigid endoscopes

b. Powered surgical hand pieces and related instrumentation (pneumatic and electrical)

c. Endoscopic cameras and related equipment

d. Specialty surgical instrumentation including phacoemulsification hand pieces (Phacos), harmonic scalpel hand pieces, laparoscopic instruments

e. Flexible endoscope

f. Ultrasound Probes

3. CONTRACTOR RESPONSIBILITIES:

a. The Contractor shall service and repair a variety of ‘Equipment’ as detailed above as ordered by the Contracting Officers Representative (COR) participating facility of the VA. The Contractor shall furnish all labor, transportation, materials, tools, supplies and spare parts required to perform service and repairs on a variety of ‘Equipment’. Contractor shall complete all repairs/service within the time specified below:

b. Contractor shall notify the COR if repair/service cannot be completed within the time specified above and of all cases where extreme damage has been found. Contractor shall utilize only parts of original manufacturer design and specifications or equal thereto. Used parts are prohibited. Contractor shall ensure the equipment that is being repaired/ serviced shall have a tag placed on the equipment for identification purposes with the information provided by the COR. COR of the facility shall initiate an order for repairs/services. COR shall provide written documentation to the Contractor as to the defect of the equipment and the following equipment information:

· VA Healthcare System Facility Name

· Location of equipment to be repaired (room and/or building number)

· Type of equipment

· Make of equipment

· Model number of equipment

· Serial number of equipment

· Purchase order number

· Description of service or repairs that may be needed

· COR name, address and phone number

c. Contractor shall inspect the equipment and determine the needed repairs/services. Prior to any repairs/service being performed and/or price/cost exceeding the terms of this contract. Contractor shall obtain verbal or written approval from the COR. Verbal and/or electronic approval from the COR shall be documented with the date and time by the Contractor. Upon approval from the COR, Contractor shall proceed with the repair/service of the equipment. Contractor shall determine and assign the appropriate service technician to perform services, repairs, upgrades, modifications and/or maintenance and inform the COR.

d. Contractor shall pick up at no cost and deliver FOB destination to the ordering facility, equipment to be repaired/serviced. Each shipment shall be properly packaged and be accompanied by an itemized shipping list and equipment information. VA facility ordering repair/service shall not be responsible to check/verify the status of the equipment being repaired/ serviced. Contractor upon receipt of the equipment for repair/service shall immediately report to the COR its inability to repair/service the equipment received

e. Contractor shall provide the COR an electronic copy of the field service report after every PM or repair within 7 calendar days. At a minimum, this report must contain a detailed description of any services or repairs performed for each item of equipment, and must also include a listing of replacement parts, when applicable, total hours of service, safety check, performance data, and the date. The report will also include any Vendor recommendations necessary to maintain the equipment in optimum operating condition. Service Technician shall document and report to the COR any unsafe conditions or signs of misuse or abuse in regard to this medical equipment.

f. Invoicing and Shipping Documentation: Contractor shall provide a delivery ticket or invoice with the repaired/ service equipment, and shall contain the following minimum information:

· Name of Contractor

· Contract number

· Date of service

· Purchase order number

· Itemized list of service or repairs

· Quantity, unit price and extension of each item, less applicable discounts

· Date of delivery or shipment

g. Only those services specified herein are authorized under this contract. Before performing any service or repairs of a non-contract nature, the COR or Contracting Officer must be advised of the reasons for this additional work. If appropriate, the Contracting Officer or his/her designee may authorize the additional services or repairs under a separate purchase authorization. The Vendor is cautioned that only the Contracting Officer may authorize additional services or repairs and that reimbursement will not be made unless this prior authorization is obtained.

h. Contractor shall be engaged full-time in the maintenance and repair of the equipment listed in Section I. Contractor shall have access to complete service manuals, access to software diagnostic keys, and Contractor shall, without exception, provide all hand tools, diagnostic test equipment, ladders, and anything else necessary to perform the work.

4. PLACE OF PERFORMANCE:

The contractor shall provide services at the government facilities located below:

5. WORKING HOURS:

All scheduled pickup and delivery shall be accomplished during working hours generally between 7:30AM and 4:00PM Monday through Friday, National Holidays excluded, unless other arrangements have been made by the ordering COR with the Contractor. Contractor must check-in with the COR if coming on-site.

All service/repairs will be performed during stipulated hours of coverage unless requested or approved by the COR.

6. GOVERNMENT HOLIDAYS:

The Vendor is not required to provide service on the following National holidays, not shall the Vendor be paid for these holidays. The following national holidays observed by the Federal Government:

If a holiday falls on Sunday, the following Monday shall be observed as the National Holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a National Holiday by U.S. Government agencies. Also included would be any day specifically declared by the President of the United States.

7. OVERTIME AND HOLIDAYS:

Any overtime and/or holiday pay that may be entitled to the Contractor’s employees shall be the sole responsibility of the Contractor and shall not be billed to nor reimbursed by the Government.

8. LOANER SCOPES IF REQUESTED:

When requested by the COR, contractor shall ship and deliver, at no additional cost, loaner scopes within 48 hours of written notification to the Contractor.

9. REPORTING:

Services shall be performed during normal working hours, the Contractor shall report upon arrival to the Biomedical Engineering Department for all the facilities identified in the solicitation, to arrange all services. In addition to signing in, Contractor personnel shall identify himself to the COR before proceeding to the job site. This check in is mandatory. After the work is completed, the Contractor is to submit in writing, complete report of service rendered to the Biomedical Engineering Dept. As a minimum, this report must be containing a detailed description of any service performed and any recommendations necessary to meet regulations.

10. WARRANTY:

Contractor shall provide a warranty for ninety (90) days after acceptance for repaired equipment.

11. TEST EQUIPMENT:

The VA shall not furnish parts and/or test equipment for the performance of this contract. It is the responsibility of the contractor to have the appropriate equipment and/or supplies necessary to complete the work.

12. SUPPORT:

The contractor shall pick up the Scope on-site within 1 business day, excluding weekends and federal holidays, during normal government business hours.

Name: _________________________________________________________ Telephone No: ____________________________Fax No: _____________________ Email: ________________________________________________

13. CHANGES:

The Contractor is advised that only the Contracting Officer, acting within the scope of the contract has the authority to make changes which affect the contract in terms of quality, quantity, price or delivery.

In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment shall be made in the contract price to cover any increase in costs as a result thereof.

14. ORDERING ACTIVITIES AND OFFICERS:

The Contractor shall not accept any instructions issued by any other person(s) other than the Contracting Officer or COR acting within the limits of his/her authority.

15. CONTRACTOR’S RESPONSIBILITIES:

The Contractor shall maintain personal liability and property damage insurance prescribed by the laws of the Federal Government. He/she shall take all precautions necessary to protect persons and property from injury or damage Contractor shall comply with all VA safety standards, and manufacturer’s/industry standards.

16. PERSONNEL QUALIFICATIONS/EXPERIENCE CRITERIA:

a. Contractor personnel shall be fully qualified, trained and experienced to perform repairs on the various Scopes.

b. The Contractor shall be responsible for protecting the personnel furnishing services under this contract. To carry out this responsibility, the Contractor shall provide the following for these personnel:

· Worker’s Compensation

· Health Examinations

· Income Tax Withholding, and

· Social Security Payments

c. The Contractor shall follow all existing local, state, federal and/or union laws/regulations relevant to fringe benefits and premium pay for their employees. Contractor personnel shall not be considered VA employees for any purpose.

17. BADGES AND PARKING:

a. All Contractor personnel are required to wear identification (I. D.) badges issued by the VA Police Station during the entire time they are on the VA facility grounds. All Contractor personnel are also required to wear Vendor ID Badges noting Contractor Name, Name of personnel, and photo.

b. It is the responsibility of the Contractor’s personnel to park in the appropriate designated parking areas. Parking information is available from the individual VA Healthcare System Police Station. VA shall not validate or make reimbursement for parking violations of the Contractor's personnel under any circumstance.

18. INVOICE:

The invoice MUST be itemized to include the following information listed below. Any information listed below that is not provided on an invoice will render that invoice incomplete and the invoice will be returned for immediate correction.

a. Time period being invoiced for

b. Description of services

c. Unit Cost Billed

d. Extended amount due

e. Invoice number, and date

f. Contract and obligation number

D.2 WAGE DETERMINATION

California, Riverside – San Bernardino Service Contract Act WD # 2015-5629, Revision #22, 26 December 2023

SAM.gov

Page 1 of

Page 1 of

SECTION E - SOLICITATION PROVISIONS

E.1 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it ‘‘does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument’’ in paragraph (c)(1) in the provision at 52.204–26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212–3, Offeror Representations and Certifications–Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it ‘‘does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services’’ in paragraph (c)(2) of the provision at 52.204–26, or in paragraph (v)(2)(ii) of the provision at 52.212–3.

(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”

(d) Representations. The Offeror represents that—

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will’’ in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does’’ in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will’’ in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does’’ in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of Provision)

E.2 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Technical and past performance, when combined, are .

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

(End of Provision)

Surgical or endoscopic equipment maintenance and repair.