RFQ 36C24523Q0030.docx
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- J065 - Getinge Full Service Contract
- Solicitation number
- 36C24523Q0030
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This solicitation requests full-service preventative and corrective maintenance for sterilization equipment located at the Louis A. Johnson VA Medical Center in Clarksburg, West Virginia. The solicitation includes specifications for eight pieces of sterilization equipment to be serviced under the contract. Services required include preventative maintenance performed according to manufacturer recommendations, corrective maintenance including labor and parts, and telephone support. The base period of performance is from October 1, 2022 to September 30, 2023, with four optional one-year extensions. Final technical and price proposals are due by September 14, 2022. Award is subject to lowest price technically acceptable evaluation. The soliciting agency is the Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 5.
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36C24523Q0030
RFQ 36C24523Q0030
Getinge Sterilization Equipment Preventative Maintenance & Repairs Louis A. Johnson VA Medical Center
This solicitation is for a Firm-Fixed Price, Base Plus Four (4) Option Periods Contract for Getinge Sterilization Equipment Preventative Maintenance & Repairs for the Louis A Johnson VA Medical Center, Clarksburg, WV 26301.
This solicitation is unrestricted, full and open.
The NAICS is 811219.
All questions are due on Friday, September 9, 2022, by 1:00PM EST.
All final technical and price proposals are due on Wednesday, September 14, 2022, by 1:00PM EST.
This solicitation will be evaluated using the Lowest Price Technically Acceptable criteria as prescribed in FAR 15.101-2.
All technical proposals must address the following criteria below.
Technical Acceptability will be determined based on the following criteria:
· Preventative maintenance, corrective maintenance, calibrations, system verification, alignments, and adjustments in accordance with OEM recommendations.
· Replacement parts will be new and certified as OEM replacement parts.
· Test equipment used will be calibrated as specified by the OEM.
· Telephone consultation with the equipment operator and a FSE.
· Modifications, alterations, and upgrades in accordance with OEM specifications.
· Software revisions updates in accordance with OEM specifications.
· Ability to access OEM operational & technical documentation (i.e., operational and service manuals, schematics, and parts list).
· FSEs must be authorized by the OEM, have OEM training and access to service keys.
· FSE must provide current OEM training certificate
· FSE must follow the OEM service checklist for planned maintenance and provide service reports following each onsite visit.
· Vendor must have authorized OEM FSEs or contract/agreement with OEM to provide service.
· Must provide proof of OEM authorization or contract agreement with OEM
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
Dan Feng Lu 410.691.1141 09-14-2022 13:00
EDT
Department of Veterans Affairs VISN 5 Contracting 849 International Drive
Linthicum MD 21090
X
811219 $22 Million
N/A
Department of Veterans Affairs VISN 5 Contracting 849 International Drive
Linthicum MD 21090 Department of Veterans Affairs VISN 5 Contracting 849 International Drive
Linthicum MD 21090
Department of Veterans Affairs FSC e-INVOICE PAYMENT Invoice must be submitted electronically http://www.fsc.va.gov/einvoice.asp
See CONTINUATION Page Contractor shall provide a Full-Service Annual Preventative and Corrective Maintenance Services on sterilization equipment for Louis A. Johnson VA Medical Center in accordance with the incorporated Statement of Work.
Period of Performance:
Base: 10/1/2022 - 9/30/2023 Option Period One: 10/1/2023 - 9/30/2024 Option Period Two: 10/1/2024 - 9/30/2025 Option Period Three: 10/1/2025 - 9/30/2026 Option Period Four: 10/1/2026 - 9/30/2027
CS: DanFeng Lu | danfeng.lu@va.gov
Questions are due on September 9, by 1:00PM EST Final Technical and price proposals are due on Wednesday, September 14, 2022, by 1:00PM EST.
See CONTINUATION Page
Phillip Duba Contracting Officer
Table of Contents
| SECTION A | 2 |
| A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES | 2 |
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 5 |
| B.1 CONTRACT ADMINISTRATION DATA | 5 |
| B.2 STATEMENT OF WORK | 6 |
| B.3 PRICE/COST SCHEDULE | 12 |
| ITEM INFORMATION | 12 |
| SECTION C - CONTRACT CLAUSES | 24 |
| C.1 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011) | 24 |
| C.2 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015) | 24 |
| C.3 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016) | 25 |
| C.4 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) | 26 |
| C.5 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) (JUL 2020) (DEVIATION) | 32 |
| C.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) | 39 |
| C.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 39 |
| C.8 SUPPLEMENTAL INSURANCE REQUIREMENTS | 40 |
| C.9 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020) | 40 |
| C.10 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018) | 42 |
| C.11 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018) | 43 |
| C.12 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) | 43 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 45 |
| D.1 WAGE DETERMINATION | 45 |
| D.2 VHA SUPPLEMENTAL CONTRACT REQUIREMENTS FOR COMBATTING COVID-19 | 55 |
| SECTION E - SOLICITATION PROVISIONS | 57 |
| E.1 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) | 57 |
| E.2 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) | 59 |
| E.3 SUPPLEMENTAL INSTRUCTIONS TO OFFERORS | 64 |
| E.4 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) | 64 |
| E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) (JUL 2020) (DEVIATION) | 65 |
| E.6 52.216-1 TYPE OF CONTRACT (APR 1984) | 82 |
| E.7 52.233-2 SERVICE OF PROTEST (SEP 2006) | 82 |
| E.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 83 |
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: TBD
| b. GOVERNMENT: | Contracting Officer 36C245 | |
| Department of Veterans Affairs | ||
| VISN 5 Contracting | ||
| 849 International Drive | ||
| Linthicum MD 21090 |
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] Monthly, 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.
Invoice must be submitted electronically http://www.fsc.va.gov/einvoice.asp
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
| AMENDMENT NO |
| DATE |
B.2 STATEMENT OF WORK
Contractor shall provide a Full-Service Annual Preventative and Corrective Maintenance Service Agreement, detailed below, for the listed sterilization equipment located at the VAMC in Clarksburg, WV. All services shall be provided in accordance with the specifications, terms and conditions contained herein.
Covered Equipment and Systems Period of Performance: The Period of Performance is for one base year and 4 option years:
| Base Year Period: | October 1, 2022 thru to September 30, 2023 |
| Option Year 1 Period: | October 1, 2023 thru to September 30, 2024 |
| Option Year 2 Period: | October 1, 2024 thru to September 30, 2025 |
| Option Year 3 Period: | October 1, 2025 thru to September 30, 2026 |
| Option Year 4 Period: | October 1, 2026 thru to September 30, 2027 |
The following equipment and systems are to be covered under this service contract.
| Item |
| EE |
| Model |
| Manufacturer |
| Serial |
| Coverage |
| 1 |
| 23845 |
| 433HC-E Sterilizer |
| Getinge |
| URA063321 |
| Full Service |
| 2 |
| 18065 |
| 533HC Sterilizer |
| Getinge |
| URA010318 |
| Full Service |
| 3 |
| 24104 |
| 8666 Washer |
| Getinge |
| WAA067206 |
| Full Service |
| 4 |
| 15743 |
| 8666 Washer |
| Getinge |
| W50010654 |
| Full Service |
| 5 |
| 7363 |
| 733HC Sterilizer |
| Getinge |
| 03A03416 |
| Full Service |
| 6 |
| 9010 |
| 733HC Sterilizer |
| Getinge |
| 05C05457 |
| Full Service |
| 7 |
| 16903 |
| 9128HC Cart Washer |
| Getinge |
| USR0940001 |
| Full Service |
| 8 |
| 24833 |
| Triton 36 |
| Ultra Clean Systems |
| 1704-XL36TR-364-1 |
| Full Service |
DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
1. SERVICES: The C&A requirements do not apply, and that a Security Accreditation Package is not required.
Contractor shall furnish the following:
· Preventative Maintenance including PM required parts, system verification, alignment, and adjustments are provided by the Contractor at no additional customer cost
· Parts & Labor necessary for PM are provided by the Contractor at no additional customer cost. Unscheduled Service and maintenance parts & labor are provided at no additional customer cost.
· Unscheduled Service is provided.
· Equipment Verification will be provided by the Contractor at no additional customer cost.
2. DEFINITIONS/ACRONYMS:
A. Biomedical Engineering - Supervisor or COR designee.
B. CO - Contracting Officer.
C. COR - Contracting Officer's Technical Representative.
D. PM - Preventive Maintenance Inspection. Services which are periodic in nature and are required to maintain the equipment in such condition that it may be operated in accordance with its intended design and functional capacity with minimal incidence of malfunction or operative conditions. Service shall consist of calibration and testing in accordance with the manufacturer’s latest established service procedures to ensure operation of equipment within manufacturer’s or VA’s performance specifications, whichever is the most rigorous. PM includes cleaning, inspecting lubricating and testing all equipment. All equipment shall be operated at least one complete operating cycle at the end of each PM.
E. CM – Corrective Maintenance. Maintenance tasks that are undertaken to identify, isolate and repair a fault in order to restore equipment, a machine or a system to an operational condition so it can perform its intended function. Services may include troubleshooting, disassembly, adjustment, repair, part replacement, realignment, and operational verification to manufacturer’s or VA’s performance specifications, whichever is most rigorous.
F. FSE - Field Service Engineer. A person who is authorized by the contractor to perform maintenance (corrective and/or preventive) services on the VA Outpatient Clinic premises.
G. ESR - Vendor Engineering Service Report. A documentation of the services rendered for each incidence of work performance under the terms and conditions of the contract.
H. Acceptance Signature - VAMC employee who indicates FSE demonstrated service conclusion/status and user has accepted work as complete/pending as stated in ESR.
I. Authorization Signature - COR's signature; indicates COR accepts work status as stated in ESR.
J. NFPA - National Fire Protection Association.
K. CDRH - Center for Devices and Radiological Health.
L. VAMC - Department of Veterans Affairs Medical Center.
M. OEM - Original Equipment Manufacturer
3. CONFORMANCE STANDARDS:
Contractor shall provide services and material to ensure that the equipment functions in conformance with the latest requirements of NFPA-99, TJC, NEC, OSHA, HIPAA, Federal and VA security specifications and requirements as applicable. The equipment shall be maintained such that it meets or exceeds the performance specifications as established in the OEM’s technical specifications. Additional performance specifications that exceed the OEM specifications shall be specified in writing by the VA.
4. PREVENTIVE MAINTENANCE (PM):
A. Contractor shall perform annual Preventive Maintenance inspections as per contract and manufacturer recommendations on equipment listed in “Covered Equipment and Systems” section.
a. EE23485 (Getinge 433HC-E Sterilizer) will receive 4 PMs per year.
b. EE18065 (Getinge 533HC Sterilizer) will receive 4 PMs per year.
c. EE24104 and EE15743 (Getinge 8666 Washers) will receive 2 PMs per year.
d. EE7363 and EE9010 (Getinge 733HC Sterilizer) will receive 4 PMs per year.
e. EE16903 (Getinge 9128HC Cart Washer) will receive 2 PMs per year.
f. EE24833 (Ultra Clean Systems Triton 36) will receive 2 PMs per year.
B. Annual preventative maintenance includes parts, labor, and travel for PM.
C. The contractor shall furnish documentation, including all measurement and calibration data to certify that the system is performing in accordance with the performance specifications.
5. CORRECTIVE MAINTENANCE (CM):
A. Unscheduled maintenance labor, parts, and travel are covered.
B. Telephone response is 4 hours.
C. Onsite response is two business days (or as agreed upon per event).
D. There is a 96% uptime guarantee with this contract.
E. All required parts shall be furnished by the Contractor. Any exceptions shall be noted by the contractor in writing prior to the initiation of the contract. Please see Section 7, PARTS for more information about parts.
F. All subsequent decisions on classification of parts are at the discretion of the Biomedical Engineer. The CO, COR or designated alternate has the authority to approve/request a service call from the contractor.
G. Labor and travel are covered Monday through Friday, 8:00am – 5:00pm EST. Outside of coverage hours, labor and travel will be billed at preferred rates.
H. Updates that increase safety, performance level, or reliability are included.
6. HOURS OF COVERAGE:
Normal hours of coverage are (Monday through Friday) from 8:00am to 5:00pm EST, excluding federal holidays. Labor, travel, and living expenses incurred by the contractor will be covered during normal hours of coverage. Work performed outside the normal hours of coverage at the request of COR will be billed at the preferred rate. A separate purchase order will be issued to cover the cost(s) associated with any call back service as described herein.
7. PARTS:
· Parts for preventative and unscheduled maintenance are covered.
· The contractor shall furnish and replace parts at no cost.
· The contractor shall have ready access to unique and/or high mortality replacement parts.
· All parts supplied shall be OEM.
· The contract shall include all parts with the exception of consumable or expendable items or exempt items as listed in unique parts coverage specifications for each system below this paragraph.
· The contractor shall use new or rebuilt parts. Used parts, those removed from another system, shall not be installed without approval by the COR. The contractor is required to install VA supplied parts when said parts are determined to be fully compatible. The determination of compatibility is at the discretion of the COR.
· The following parts are not included in this contract per system type:
· Sonic Cleaners: sonic transducer assemblies, sonic generators, titanium rods (Triton Series), control components, water tanks, and reservoirs discoloration
· Washers: circulating pumps, control components, HEPA filters (1 annually), paper, ink cartridges, and loading accessories
· Sterilizers: vacuum pumps, control components, rupture discs, load probes, pressure transducers, ventilator fan motors & seals, heat exchanges (internal or external), chamber cleaning, paper, ink cartridges, and loading accessories
8. SERVICE MANUALS:
The VAMC shall not provide service manuals or service diagnostic software to the contractor for use in providing services under this contract. The contractor shall obtain, have on file, and make available to its FSE's all operational and technical documentation, (such as: operational and service manuals, schematics, and parts list), which are necessary to meet the performance requirements of this contract. The location and listing of the service data manuals, by name, and/or the manuals themselves shall be provided to the CO upon request.
9. DOCUMENTATION/REPORTS:
The documentation will include equipment down time and detailed descriptions of the scheduled and unscheduled maintenance procedures performed, including replaced parts and prices (for outside normal working hour services) required to maintain the equipment in accordance with conformance standards. Such documentation shall meet the guidelines as set forth in the Conformance Standards. In addition, each ESR must at a minimum document the following data legibly and in complete detail:
A. Name of Contractor B. Name of FSE who performed services.
C. Contractor Service ESR Number/Log Number.
D. Date, Time (starting and ending), Hours-On-Site for service call.
E. VA Purchase Order Number(s) (if any) covering the call, if outside normal working hours.
F. Description of Problem Reported by COR/User.
G. Identification of Equipment to be serviced to include the following: Equipment ID # or EE# from the bar-code, Manufacturer's Name, Device Name, Model#, Serial #, and any other Manufacturer's identification numbers.
H. Itemized Description of Service(s) Performed (including Costs associated with after normal working hour services), including: Labor and Travel, Parts (with part numbers) and Materials and Circuit Location of problem/corrective action.
I. Total Cost to be billed.
J. Signatures from the following:
1. FSE performing services described.
2. VA Employee who witnessed service described.
K. Equipment downtime calculated in accordance with Conformance Standards.
NOTE: ANY ADDITIONAL CHARGES CLAIMED MUST BE APPROVED BY THE CONTRACTING OFFICER BEFORE SERVICE IS COMPLETED!
10. REPORTING REQUIREMENTS:
The contractor shall report to Biomedical Engineering to "check-in" upon arrival and prior to performance of work under this contract. This check-in is mandatory and can be accomplished in person or by phone contact. When the service(s) is/are completed, the FSE shall document the services rendered on a legible ESR(s). The FSE shall be required to check out with the Biomedical Engineering Department (location to be specified at time of contract award) and submit the ESR(s) to the COR. All ESRs shall be submitted to the equipment user for an "acceptance signature" and to the COR for an "authorization signature." If the COR is unavailable, a signed accepted copy of the ESR will be sent to the COR within 5 business days of work completion.
FAILURE TO COMPLY, EITHER IN WHOLE OR IN PART, WITH EITHER THE NOTIFICATION OR ESR REQUIREMENTS WILL BE DEEMED SIGNIFICANT NON-COMPLIANCE WITH THE CONTRACT AND MAY BE JUSTIFICATION FOR TERMINATION OF THE CONTRACT.
11. ADDITIONAL CHARGES:
There will be no additional charge for time spent at the site during, or after the normal hours of coverage awaiting the arrival of additional FSE and/or delivery of parts.
12. REPORTING REQUIRED SERVICES BEYOND THE CONTRACT SCOPE:
The Contractor shall immediately, but no later than 24 consecutive hours after discovery, notify the CO and COR, (in writing), of the existence or the development of any defects in, or repairs required to the scheduled equipment which the Contractor considers he/she is not responsible for under the terms of the contract. The contractor shall furnish the CO and COR with a written estimate of the cost to make necessary repairs.
13. CONDITION OF EQUIPMENT:
The contractor accepts responsibility for the equipment described in the “Covered Equipment and Systems” section, in "as is" condition. Failure to inspect the equipment prior to contract award will not relieve the contractor from performance of the requirements of this contract.
14. COMPETENCY OF PERSONNEL SERVICING EQUIPMENT:
A. Each respondent must have an established business, with an office and full-time staff. The staff includes a "fully qualified" FSE and a "fully qualified" FSE who will serve as the backup.
B. "Fully Qualified" is based upon training and on experience in the field. For training, the FSE(s) shall have successfully completed a formalized training program, for the equipment identified in “Covered Equipment and Systems” section. For field experience, the FSE(s) shall have a minimum of two years of experience, with respect to scheduled and unscheduled preventive and remedial maintenance on equipment identified in “Covered Equipment and Systems” section.
C. The FSE(s) shall be authorized by the OEM and the contractor to perform the maintenance services as required. All work shall be performed by "Fully Qualified" competent FSEs. The contractor shall provide written assurance of the competency of their personnel and a list of credentials of approved FSEs for each make and model the contractor services at the VAMC. The CO may authenticate the training requirements, request copies of training certificates or credentials from the contractor at any time for any personnel who are servicing or installing any VAMC equipment. The CO and/or the COR specifically reserve the right to reject any of the contractor's personnel and refuse them permission to work on the VAMC equipment.
15. TEST EQUIPMENT:
Prior to commencement of work on this contract, the contractor shall make available if requested t a copy of the current calibration certification of all test equipment that is to be used by the contractor in performing work under the contract. This certification shall also be provided on a periodic basis when requested by the VAMC. Test equipment calibration shall be traceable to a national standard.
16. IDENTIFICATION, PARKING, SMOKING, CELLULAR PHONE USE AND VA REGULATIONS:
The contractor's FSE shall always wear visible identification while on the premises of the VAMC. It is the responsibility of the contractor to park in the appropriate designated parking areas. Information on parking is available from the VA Police-Security Service. The VAMC will not invalidate or make reimbursement for parking violations of the contractor under any conditions. Smoking is prohibited inside any buildings at the VAMC. Cellular phones and two-way radios are not to be used within six feet of any medical equipment. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in a citation answerable in the United States (Federal) District Court, not a local district state, or municipal court.
17. COMPLIANCE WITH OSHA BLOODBORNE PATHOGENS STANDARD:
The contractor shall comply with the Federal/California OSHA Bloodborne Pathogens Standard. The contractor shall:
A. Have methods by which all employees are educated as to risks associated with bloodborne pathogens.
B. Have policies and procedures that reduce the risk of employee exposure to bloodborne pathogens.
C. Have mechanisms for employee counseling and treatment following exposure to bloodborne pathogens.
D. Provide appropriate personal protective equipment/clothing such as gloves, gowns, masks, protective eyewear, mouthpieces for the employee during performance of the contract.
B.3 PRICE/COST SCHEDULE
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 12.00 |
| MO |
| __________________ |
| __________________ |
Full service support for EE23845 (Getinge 433HC-E Sterilizer, S/N: URA063321), which includes preventative maintenance, corrective maintenance, and parts coverage Contract Period: Base POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 811219 - Other Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
| 12.00 |
| MO |
| __________________ |
| __________________ |
Full service support for EE18065 (Getinge 533HC Sterilizer, S/N: URA010318), which includes preventative maintenance, corrective maintenance, and parts coverage
POP Begin: 10-01-2022 POP End: 09-30-2023
PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
| 12.00 |
| MO |
| __________________ |
| __________________ |
Full service support for EE24104 (Getinge 8666 Washer, S/N: WAA067206), which includes preventative maintenance, corrective maintenance, and parts coverage
POP Begin: 10-01-2022 POP End: 09-30-2023
PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
| 12.00 |
| MO |
| __________________ |
| __________________ |
Full service support for EE15743 (Getinge 8666 Washer, S/N: W50010654), which includes preventative maintenance, corrective maintenance, and parts coverage
POP Begin: 10-01-2022 POP End: 09-30-2023
PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
| 12.00 |
| MO |
| __________________ |
| __________________ |
Full service support for EE7363 (Getinge 733HC Sterilizer, S/N: 03A03416), which includes preventative maintenance, corrective maintenance, and parts coverage
POP Begin: 10-01-2022 POP End: 09-30-2023
PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
| 12.00 |
| MO |
| __________________ |
| __________________ |
Full service support for EE9010 (Getinge 733HC Sterilizer, S/N: 05C05457), which includes preventative maintenance, corrective maintenance, and parts coverage
POP Begin: 10-01-2022 POP End: 09-30-2023
PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
| 12.00 |
| MO |
| __________________ |
| __________________ |
Full service support for EE16903 (Getinge 9218HC Cart Washer, S/N: USR0940001), which includes preventative maintenance, corrective maintenance, and parts coverage
POP Begin: 10-01-2022 POP End: 09-30-2023
PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
| 12.00 |
| MO |
| __________________ |
| __________________ |
Full service support for EE24833 (Ultr Clean Systems Triton 36, S/N: 1704-XL36TR-364-1), which includes preventative maintenance, corrective maintenance, and parts coverage
POP Begin: 10-01-2022 POP End: 09-30-2023
PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
| 12.00 |
| MO |
| __________________ |
| __________________ |
Full service support for EE23845 (Getinge 433HC-E Sterilizer, S/N: URA063321), which includes preventative maintenance, corrective maintenance, and parts coverage Contract Period: Option 1 POP Begin: 10-01-2023 POP End: 09-30-2024
PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
| 12.00 |
| MO |
| __________________ |
| __________________ |
Full service support for EE18065 (Getinge 533HC Sterilizer, S/N: URA010318), which includes preventative maintenance, corrective maintenance, and parts coverage
POP Begin: 10-01-2023 POP End: 09-30-2024
PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
| 12.00 |
| MO |
| __________________ |
| __________________ |
Full service support for EE24104 (Getinge 8666 Washer, S/N: WAA067206), which includes preventative maintenance, corrective maintenance, and parts coverage
POP Begin: 10-01-2023 POP End: 09-30-2024
PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
| 12.00 |
| MO |
| __________________ |
| __________________ |
Full service support for EE15743 (Getinge 8666 Washer, S/N: W50010654), which includes preventative maintenance, corrective maintenance, and parts coverage
POP Begin: 10-01-2023 POP End: 09-30-2024
PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
| 12.00 |
| MO |
| __________________ |
| __________________ |
Full service support for EE7363 (Getinge 733HC Sterilizer, S/N: 03A03416), which includes preventative maintenance, corrective maintenance, and parts coverage
POP Begin: 10-01-2023 POP End: 09-30-2024
PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
| 12.00 |
| MO |
| __________________ |
| __________________ |
Full service support for EE9010 (Getinge 733HC Sterilizer, S/N: 05C05457), which includes preventative maintenance, corrective maintenance, and parts coverage
POP Begin: 10-01-2023 POP End: 09-30-2024
PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
| 12.00 |
| MO |
| __________________ |
| __________________ |
Full service support for EE16903 (Getinge 9218HC Cart Washer, S/N: USR0940001), which includes preventative maintenance, corrective maintenance, and parts coverage
POP Begin: 10-01-2023 POP End: 09-30-2024
PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
| 12.00 |
| MO |
| __________________ |
| __________________ |
Full service support for EE24833 (Ultr Clean Systems Triton 36, S/N: 1704-XL36TR-364-1), which includes preventative maintenance, corrective maintenance, and parts coverage
POP Begin: 10-01-2023 POP End: 09-30-2024
PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
| 12.00 |
| MO |
| __________________ |
| __________________ |
Full service support for EE23845 (Getinge 433HC-E Sterilizer, S/N: URA063321), which includes preventative maintenance, corrective maintenance, and parts coverage Contract Period: Option 2 POP Begin: 10-01-2024 POP End: 09-30-2025
PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
| 12.00 |
| MO |
| __________________ |
| __________________ |
Full service support for EE18065 (Getinge 533HC Sterilizer, S/N: URA010318), which includes preventative maintenance, corrective maintenance, and parts coverage
POP Begin: 10-01-2024 POP End: 09-30-2025
PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
| 12.00 |
| MO |
| __________________ |
| __________________ |
Full service support for EE24104 (Getinge 8666 Washer, S/N: WAA067206), which includes preventative maintenance, corrective maintenance, and parts coverage
POP Begin: 10-01-2024 POP End: 09-30-2025
PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
| 12.00 |
| MO |
| __________________ |
| __________________ |
Full service support for EE15743 (Getinge 8666 Washer, S/N: W50010654), which includes preventative maintenance, corrective maintenance, and parts coverage
POP Begin: 10-01-2024 POP End: 09-30-2025
PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
| 12.00 |
| MO |
| __________________ |
| __________________ |
Full service support for EE7363 (Getinge 733HC Sterilizer, S/N: 03A03416), which includes preventative maintenance, corrective maintenance, and parts coverage
POP Begin: 10-01-2024 POP End: 09-30-2025
PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
| 12.00 |
| MO |
| __________________ |
| __________________ |
Full service support for EE9010 (Getinge 733HC Sterilizer, S/N: 05C05457), which includes preventative maintenance, corrective maintenance, and parts coverage
POP Begin: 10-01-2024 POP End: 09-30-2025
PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
| 12.00 |
| MO |
| __________________ |
| __________________ |
Full service support for EE16903 (Getinge 9218HC Cart Washer, S/N: USR0940001), which includes preventative maintenance, corrective maintenance, and parts coverage
POP Begin: 10-01-2024 POP End: 09-30-2025
PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
| 12.00 |
| MO |
| __________________ |
| __________________ |
Full service support for EE24833 (Ultr Clean Systems Triton 36, S/N: 1704-XL36TR-364-1), which includes preventative maintenance, corrective maintenance, and parts coverage
POP Begin: 10-01-2024 POP End: 09-30-2025
PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
| 12.00 |
| MO |
| __________________ |
| __________________ |
Full service support for EE23845 (Getinge 433HC-E Sterilizer, S/N: URA063321), which includes preventative maintenance, corrective maintenance, and parts coverage Contract Period: Option 3 POP Begin: 10-01-2025 POP End: 09-30-2026
PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
| 12.00 |
| MO |
| __________________ |
| __________________ |
Full service support for EE18065 (Getinge 533HC Sterilizer, S/N: URA010318), which includes preventative maintenance, corrective maintenance, and parts coverage
POP Begin: 10-01-2025 POP End: 09-30-2026
PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
| 12.00 |
| MO |
| __________________ |
| __________________ |
Full service support for EE24104 (Getinge 8666 Washer, S/N: WAA067206), which includes preventative maintenance, corrective maintenance, and parts coverage
POP Begin: 10-01-2025 POP End: 09-30-2026
PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
| 12.00 |
| MO |
| __________________ |
| __________________ |
Full service support for EE15743 (Getinge 8666 Washer, S/N: W50010654), which includes preventative maintenance, corrective maintenance, and parts coverage
POP Begin: 10-01-2025 POP End: 09-30-2026
PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
| 12.00 |
| MO |
| __________________ |
| __________________ |
Full service support for EE7363 (Getinge 733HC Sterilizer, S/N: 03A03416), which includes preventative maintenance, corrective maintenance, and parts coverage
POP Begin: 10-01-2025 POP End: 09-30-2026
PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
| 12.00 |
| MO |
| __________________ |
| __________________ |
Full service support for EE9010 (Getinge 733HC Sterilizer, S/N: 05C05457), which includes preventative maintenance, corrective maintenance, and parts coverage
POP Begin: 10-01-2025 POP End: 09-30-2026
PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
| 12.00 |
| MO |
| __________________ |
| __________________ |
Full service support for EE16903 (Getinge 9218HC Cart Washer, S/N: USR0940001), which includes preventative maintenance, corrective maintenance, and parts coverage
POP Begin: 10-01-2025 POP End: 09-30-2026
PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
| 12.00 |
| MO |
| __________________ |
| __________________ |
Full service support for EE24833 (Ultr Clean Systems Triton 36, S/N: 1704-XL36TR-364-1), which includes preventative maintenance, corrective maintenance, and parts coverage
POP Begin: 10-01-2025 POP End: 09-30-2026
PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
| 12.00 |
| MO |
| __________________ |
| __________________ |
Full service support for EE23845 (Getinge 433HC-E Sterilizer, S/N: URA063321), which includes preventative maintenance, corrective maintenance, and parts coverage Contract Period: Option 4 POP Begin: 10-01-2026 POP End: 09-30-2027
PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
| 12.00 |
| MO |
| __________________ |
| __________________ |
Full service support for EE18065 (Getinge 533HC Sterilizer, S/N: URA010318), which includes preventative maintenance, corrective maintenance, and parts coverage
POP Begin: 10-01-2026 POP End: 09-30-2027
PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
| 12.00 |
| MO |
| __________________ |
| __________________ |
Full service support for EE24104 (Getinge 8666 Washer, S/N: WAA067206), which includes preventative maintenance, corrective maintenance, and parts coverage
POP Begin: 10-01-2026 POP End: 09-30-2027
PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
| 12.00 |
| MO |
| __________________ |
| __________________ |
Full service support for EE15743 (Getinge 8666 Washer, S/N: W50010654), which includes preventative maintenance, corrective maintenance, and parts coverage
POP Begin: 10-01-2026 POP End: 09-30-2027
PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
| 12.00 |
| MO |
| __________________ |
| __________________ |
Full service support for EE7363 (Getinge 733HC Sterilizer, S/N: 03A03416), which includes preventative maintenance, corrective maintenance, and parts coverage
POP Begin: 10-01-2026 POP End: 09-30-2027
PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
| 12.00 |
| MO |
| __________________ |
| __________________ |
Full service support for EE9010 (Getinge 733HC Sterilizer, S/N: 05C05457), which includes preventative maintenance, corrective maintenance, and parts coverage
POP Begin: 10-01-2026 POP End: 09-30-2027
PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
| 12.00 |
| MO |
| __________________ |
| __________________ |
Full service support for EE16903 (Getinge 9218HC Cart Washer, S/N: USR0940001), which includes preventative maintenance, corrective maintenance, and parts coverage
POP Begin: 10-01-2026 POP End: 09-30-2027
PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
| 12.00 |
| MO |
| __________________ |
| __________________ |
Full service support for EE24833 (Ultr Clean Systems Triton 36, S/N: 1704-XL36TR-364-1), which includes preventative maintenance, corrective maintenance, and parts coverage
POP Begin: 10-01-2026 POP End: 09-30-2027
PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
| GRAND TOTAL |
| __________________ |
Page 1 of Page 1 of
SECTION C - CONTRACT CLAUSES
C.1 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)
(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.
(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:
(1) When no longer needed for contract performance.
(2) Upon completion of the Contractor employee's employment.
(3) Upon contract completion or termination.
(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.
(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor's employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.
(End of Clause) C.2 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015)
(a) Definitions. As used in this clause— Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
Subsidiary means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
(b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.
(c) Exceptions to this prohibition are located at 9.108-2.
(d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer within five business days from the date of the inversion event.
(End of Clause) C.3 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that—
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that—
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
(End of Provision) C.4 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)
(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…
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