RFQ 36C26323Q0836.pdf

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

36C26323Q0836 07-25-2023

Jesse Sweesy 605-347-2511 x16724 08-01-2023

10:00 CDT

36C263

DEPARTMENT OF VETERANS AFFAIRS

NETWORK 23 CONTRACTING OFFICE

2101 North Elm Street Building 30 (04-S)

FARGO ND 58102

X 100

X

339113

800 Employees

N/A

X

36C263

DEPARTMENT OF VETERAN AFFAIRS

FARGO VA HEALTHCARE SYSTEM

2101 ELM STREET

FARGO ND 58102-2417

04-S

DEPARTMENT OF VETERANS AFFAIRS

NETWORK 23 CONTRACTING OFFICE

2101 North Elm Street Building 30 (04-S)

FARGO ND 58102

Y

DEPARTMENT OF VETERANS AFFAIRS

FINANCIAL SERVICES CENTER

FMS-VA-2 (101)

P.O. BOX 149971

AUSTIN TX 78714-9971

877-353-9791 512-460-5540

See CONTINUATION Page

The contractor is to provide all transportation, materials and labor to install the patient ceiling lifts as described in the attached Statement of Work (SOW).

See CONTINUATION Page

X X

X 1

Jesse Sweesy

36C26323Q0836

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (DEC 2022)

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.3 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

C.4 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.5 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.6 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAR 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 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

1998)

E.4 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

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 36C263

DEPARTMENT OF VETERANS AFFAIRS

NETWORK 23 CONTRACTING OFFICE

2101 North Elm Street

Building 30 (04-S)

FARGO ND 58102

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 []

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:

AMENDMENT NO DATE

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

Rehab (PT/OT) Overhead Lift Systems

New Rehab Building – Omaha VA

1. General:

1.1. The Contractor will provide all labor and materials to provide and install patient lifts in the quantity and locations required by the contract documents.

1.2. The Contractor shall provide independent third-party certification that each intended lift installation location is structurally sound and suitable for the intended installation method. This certification shall include structural design drawings for each installation location signed and sealed by a Professional Structural Engineer not employed by the Contractor except as an independent consultant, registered with a current Professional Engineer license in at least one of the 50 states of the United States.

1.3. Quality Assurance

1.3.1. The Contractor shall verify each desired installation location is suitable for the intended lift installation, including, but not limited to, verifying suitability of room dimensions, required clearances, and that existing equipment or utilities do not prohibit installation of the lift(s) in each desired location. The Government shall not be responsible for additional installation costs incurred or for the cost of equipment unable to be installed as a result of inadequate site investigation by the Contractor.

1.3.2. Inspection of equipment after installation is required prior to use for patient movement. Inspection shall be in accordance with manufacturer’s installation checklist and the facilities installation checklist (Patient Safety Alert AL14-07).

1.3.3. Documentation shall include detailed descriptions of items in the “After Installation Checklist” for Ceiling Mounted Patient Lifts from Patient Safety Alert 14- 07, the scheduled and unscheduled maintenance procedures performed, including replaced parts and prices required to maintain the equipment in accordance with performance requirements.

1.4. Submittals

1.4.1. Submit in accordance with VA Master Specification Section 01 33 23, SHOP

DRAWINGS, PRODUCT DATA AND SAMPLES.

1.4.2. Certificates of Compliance

1.4.2.1. Manufacturer's Literature and Data:

1.4.2.2. Lifting Capacity

1.4.2.3. Lifting Speed

1.4.3.

1.4.3.1. Horizontal Displacement Speeds

1.4.3.2. Horizontal Axis Motor

1.4.3.3. Vertical Axis Motor

1.4.3.4. Emergency Brake

1.4.3.5. Emergency Lowering Device

1.4.3.6. Emergency Stopping Device

1.4.3.7. Electronic Soft-Start and Soft-Stop Motor Control

1.4.3.8. Current Limiter for Circuit Protection

1.4.3.9. Low Battery Disconnect System

1.4.3.10. Strap Length

1.4.3.11. All equipment anchors and supports. Submittals shall include weights, dimensions, center of gravity, standard connections, manufacturer's recommendations and behavior problems (e.g., vibration, thermal expansion,) associated with equipment or piping so that the proposed installation can be properly reviewed.

1.4.4. Individual Room layouts showing location of lift system installation shall be approved by NWIHCS representatives from SPHM Facility Champion and Engineering before proceeding with installation of lifts.

1.4.5. Manufacturer’s Checklist for after installation inspection.

After Installation Checklist for Ceiling Mounted Patient Lifts

1.5. Contractor shall be responsible for all facility alterations and repairs necessary for a complete and usable installation. If facility modifications are required, the contractor will obtain the Chief Engineer’s approval before starting any modification.

1.6. The Contractor shall ensure the equipment; materials and installation adhere to the publications listed below to the extent referenced. The publications are listed in the text by the basic designation only.

International Organization for Standardization (IOS):

10535-06 Hoist for the Transfer of Disabled Persons-Requirements and Test Methods

Underwriters Laboratories (UL):

60601-1 Medical Electrical Equipment: General Requirements for Safety

94-2006 UL Standards for Safety Test for Flammability of Plastic Materials for Parts in Devices and Appliances-Fifth Edition

International Electromagnetic Commission (IEC):

801-2(1991) Electromagnetic Compatibility for Industrial-Process Measurement and Control Equipment-Part 2: Electromagnetic Discharge Requirements

Patient Safety Alert 14-07: Ceiling Mounted Patient Lift Installations

National Fire Protection Agency (NFPA)

NFPA 99. All applicable standards

2. Products:

2.1. The Ceiling Track shall be made from high strength extruded aluminum T66081-T5 at a thickness of 3/16” (4.8mm). Provide anchor supports as specified by manufacturer for the specific required ceiling condition and required load.

2.2. Lift unit shall be constructed of a steel frame system (2205lbs / 1000kg tested) driven by a gear reduced high torque motor

2.3. The Lift system shall have the following features.

1. Lifting capacity: 550-1100 lbs (200-400 kg)

2. Electronic soft-start and soft-stop motor control

3. Emergency lowering device

4. Emergency stopping device

5. Current limiter for circuit protection in case of overload.

6. Safety device that stops the motor to lift when batteries are low.

7. Lifting speed: 2.3in/s (6 cm/s), 1.6in/s (3.5cm) in full capacity

8. Horizontal displacement speed: 5.9in/s (150mm/s)

9. Horizontal axis motor: 24VDC at 62 watts and vertical axis motor at 110 watts

10. Emergency brake (in case of mechanical failure)

11. Strap length up to 90in (2.3m) tested for 2998lbs (1360kg)

12. Cab: VO plastic–fire retardant, UL 94

13. Wireless remote control (optional)

2.4. Lift Motors/Vertical Movement-DC Motor

1. Type: Class A, fully enclosed, permanent magnet.

2. Rating: 24Vdc, 1.1A, 110W, 4000RPM, 0.3N-m.

3. Mounting: Secured to chassis.

2.5. Lift Motors/Horizontal Movement-DC Motor

1. Type: Fully enclosed, permanent magnet, integral reducer.

2. Rating: 24Vdc, 1.8A, 62W, 260RPM, 1.0N-m.

3. Mounting: Secured to chassis.

2.6. Lift Batteries

1. The life cycle (number of charging cycles) for batteries shall be in compliance with IEC 801-2.

2. Provide rechargeable batteries with up to 120 transfers with a load of 200lbs (74kg) and up to 70 transfers with its maximum load of 550lbs (200kg).

2.7. Chargers

2.7.1. Charger Input: 100-240 Vac, 50/60 Hz.

2.7.2. Charger Output: 27 Vdc, 1 A max.

2.7.3. Supplemental to the charger provide a clip on charging station with indicator lights.

2.8. Straps and Slings

2.8.1. The straps shall ensure the patient’s safety by preventing the patient from falling out of the sling.

2.8.2. The sling shall be made from a material that is pliable, breathable and easy to use. The sling shall cradle the body of the patient.

3. Execution

3.1. Installation

3.1.1. Contractor will install overhead mounted patient lift system as per manufacturer's instruction and under the supervision of manufacturer's qualified representative and as shown on drawings. If the distance in between the suspended ceiling and anchors is more than 18” consult with manufacturer to determine if lateral braces will be required.

3.1.2. If the distance in between the suspended ceiling and anchors is more than 18” consult with manufacturer to determine if lateral braces will be required.

3.2. Instructions and Personnel Training

3.2.1. Training shall be provided for the required personnel to educate them on proper operation and maintenance for the lift system equipment.

3.3. Tests

3.3.1. Contractor will conduct performance test, in the presence of the Resident Engineer, Biomedical Engineering representative and a manufacturer's field representative, to show that the patient lift system equipment and control devices operate properly and in accordance with design and specification requirements.

3.4. Inspections

3.4.1. Refer to manufacturer’s specific model and specifications to verify all location information, including minimum clearances for operation are compliant.

3.4.2. Manufacturer information, including model and serial number(s).

3.4.3. Confirm receipt of operator and maintenance manuals.

3.4.4. Verification of proper connections of structural system to the building’s structure including seismic bracing if applicable.

3.4.5. Verification of proper structural component sizing and physical installation to make sure that proper structural system and size is in place and properly installed to support the lift.

3.4.6. Verification of proper interface of lift unit at ceiling (hard deck or soft tile) and proper installation of all protective features around the support rods and rails/tracks.

3.4.7. Inspection of lift motor casing for cracks and alignment.

3.4.8. Full extension and inspection of lift strap for loose threads or frays.

3.4.9. Inspection of spreader bar and clips for cracks and for loose or missing rings or cotter pins.

3.4.10. Verification that all rail end stops are in place and tightened.

3.4.11. Inspection and activation of hand control for full operation (e.g., up, down, left, right) and “return to charge” function if applicable.

3.4.12. Inspection and activation of emergency up/down motor case control buttons if applicable.

3.4.13. Confirm any and all motor case indicator lights are functioning (e.g., red service warning light, charging state light).

3.4.14. If included in installation, verify rail turntable function, exchanger function, and gate alignment.

3.4.15. Confirm track is clean and clear of all debris (suggest wiping entire length of interior track channel with a soft cloth). Note: Use manufacturer’s recommended cleaning materials to avoid damage to the motor case and other components.

Phenol or chlorine solutions may damage some motor case surfaces.

3.4.16. Verification of any “soft start” or “soft stop” features and that lifting speed does not exceed 2.5 inches per second with “zero” load.

3.4.17. Verification of load testing and deflection testing at lift listed maximum for each lift unit at its maximum rated lift capacity. Conduct this test per manufacturer’s instructions and in accordance with Patient Safety Alert 14-07 to 100% of maximum rated lift capacity.

3.4.18. Verification of any “soft start” and “soft stop” features and that lifting speed does not exceed 1.5 inches per second under maximum rated lift capacity.

3.4.19. Verification of function of emergency brake at maximum rated lift capacity.

3.4.20. Verification of emergency lowering feature at maximum rated lift capacity.

3.4.21. Inspection of units by Contracting Officer’s Technical Representative (COTR:

Maintenance & Repairs, Facilities Engineering Services, Biomedical Engineering, or Safety) prior to release of lift(s) to clinical use.

3.4.22. Training of clinicians and other staff who move and handle patients on the use of patient handling equipment is accomplished by the manufacturer or their designated representative. Training is documented

3.5. Any additional charges claimed will be approved by the CO via the COTR before service is completed.

4. Security:

4.1. The contractor shall not connect any storage device into a VHA owned equipment that is connected to the network without prior written approval and after having the device scanned by a VA approved computer with appropriate virus detection software.

4.2. VHA BESS personnel will ensure no patient data is removed from the facility by the vendor by maintaining a physical presence during all work.

5. Definitions/Acronyms

5.1. NWIHCS - Nebraska Western Iowa Health Care System. Consists of 3 main campuses: Omaha 4101 Woolworth Ave, Omaha NE 68105 (ph 402.995.3040); Grand Island 2201 N Broadwell Ave, Grand Island NE 68803 (308-382-3660 ext 2491); and Lincoln 600 South 70th, Lincoln NE 68510 (ph 402.489.3802 ext 6437) and associated CBOCS (Bellevue, Norfolk, Holdrege, North Platte Nebraska and Shenandoah IA CBOCs

5.2. Contracting Officer, VA Network 23 Contracting Office (NCO 23), 4801 Veterans Drive, Bldg11, Rm 201, Saint Cloud, MN 56303

5.3. fPOC – Facility Point of Contact

5.4. IAW – In Accordance With

5.5. FSE – Field Service Engineer. A person who is authorized by the contractor

5.6. 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.

5.7. Acceptance Signature – Signature of VA Omaha employee who indicates FSE demonstrated service conclusion/status and user has accepted work as complete/pending as stated in ESR.

5.8. Authorization Signature – COTR’s signature; indicates COTR accepts work status as stated in ESR.

5.9. OSHA – Occupational Safety and Health Administration.

5.10. BESS — Biomedical Equipment Support Specialist. VA employee responsible vendor coordination of maintenance for VA owned medical equipment.

6. Hours of Coverage:

6.1. Installation: Dates and hours of installation shall be determined by NWIHCS representative in consideration of room use and occupancy. Expect that some, if not all, lift systems will require non-business hours (Mon-Fri; 0730-1530) installation to minimize negative impact to patient care or access to care.

6.2. Federal holidays observed by VA Omaha are:

New Years Day Labor Day

Martin Luther King Day Columbus Day

President’s Day Veteran’s Day

Memorial Day Thanksgiving Day

Independence Day Christmas Day and any other day specifically designated by the President of the United States.

7. Reporting Requirements:

7.1. Upon arrival at VA Omaha the contractor shall be required to log in with Biomed in room B556 in Omaha. This log in is mandatory as well as wearing the contractor badge issued upon log in.

7.2. When service is completed, the FSE shall document services rendered on a legible ESR(s) and submit to the BESS who set-up the service. The ESR can be submitted when logging out with Biomed, via an internet web site or e-mail. ESRs should be submitted not later than 5 business days after service is complete.

7.3. In those cases when the Biomed office is closed, contractor personnel will log in and/or out via the VA police and after hours service shall be prearranged with the BESS.

8. Services Beyond the Contract Scope:

8.1. Contractor shall immediately, but not later than 24 consecutive hours after discovery, notify the CO and COTR, (in writing), of the existence of 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.

9. Contactor shall furnish the COTR with a written estimate of the cost to make necessary repairs.Condition of Equipment:

9.1. The contractor accepts responsibility for the equipment described in “as is” condition.

Failure to inspect the equipment prior to contract award shall not relieve the contractor from performance of the requirements of this contract.

10. Test Equipment:

10.1. Test equipment calibration shall be traceable to National Institutes of Standard Technology standards.

11. Identification, Parking, Smoking, and VA Regulations:

11.1. Contractor’s FSE(s) shall obtain a VA issued photo identification badge.

11.2. It is the responsibility of the contractor to park in the appropriate designated parking areas. Information on parking is available from VA Police Service. VA will not invalidate or make reimbursement for parking violations of the contractor under any conditions.

11.3. Smoking is prohibited inside all VA buildings and only allowed in designated areas outside.

11.4. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search.

11.4. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state or municipal court.

12. Contractor Qualifications:

12.1. Contractor must have full time staff that is “fully qualified” FSE and a “fully qualified” FSE who will serve as the backup for the equipment identified in this solicitation.

12.2. “Fully qualified” is based upon training and on experience in the field. For training, the FSE(s) has successfully completed a formalized training program for the equipment identified in this solicitation as required by the manufacturer.

12.3. Contractor must provide, upon request, evidence of appropriate training of any FSE(s) providing services under terms of the contract. Subcontracting of any ensuing award of this solicitation will not be allowed without written permission of the Contracting Officer.

13. Payment:

13.1. Payment for the Structural Engineering Evaluation will be made once submitted to NWIHCS Engineering and NWIHCS Engineering validates the report.

13.2. Payment for the lift components and installation of lift systems will be made once the post-installation inspections are complete and all systems have passed inspection.

14. Delivery and Storage of goods:

14.1. Contractor will need to make arrangements for off-site storage of components until they are installed.

14.2. Contractor will need to receive lift components at off-site storage location.

15. Installation Locations: Omaha, building one

Lift Systems Quantity Type of Equipment

Outpatient Cath Lab A (bldg. 1) 1 550 lb transverse system

Physical Therapy Outpatient (bldg. 1) 1 550 lb transverse system

Infusion Clinic (bldg. 1) 1 550 lb transverse system

Endoscopy (bldg. 1) 1 550 lb transverse system

Pre-op (bldg. 1) 1 550 lb transverse system

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVIC

ES

QUANTIT

Y

UNI

T UNIT PRICE AMOUNT

1.00 EA ________________

LIKO Ceiling Mtd Traverse Lift System (550 lbs Capacity) w/Single Rail Extension includes: Likorall 250 ES Lift Motor (550 lbs Max capacity), Wall Charging, Traverse Switch Contract Period: Base POP Begin: 07-14-2023 POP End: 10-14-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

LOCAL STOCK NUMBER: ES250

LIKO Ceiling Mounted Patient Lift, Traverse Rail System - Likorall 250 ES Lift Motor (550 lbs Max capacity), (4) 2.8m X 3.0m Straight Rails and (6) Supports. Room G809 Team Eval

PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

LOCAL STOCK NUMBER: ES250

2.00 EA ________________

LIKO Ceiling Mounted Patient List, Traverse Rail System- Likorall 250 ES Lift Motor (550 lbs Max capacity), 2.8m X 3.0m Straight Rails and (4) Supports. Room G822, G821 PMRS Exam PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: ES 250

LIKO Ceiling Mounted Patient Lift, Traverse Rail System Likorall 250 ES Lift Motor (550 lbs Max capacity), Wall Charging, Room G800 Traverse PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

LIKO Ceiling Mounted Patient Lift, J-Track Straight Rail System Likorall 250 ES Lift Motor (550 lbs Max capacity), Wall Charging, 2.0m Straight Rail, 90? Railcurve, and Supports Room 803 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

1.00 JB ________________

LIKO Installation Service (Labor & material) install patient lift(s) listed above mobilizations to jobsite, final weight testing and certification.

PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

GRAND TOTAL ________________

B.3 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY

DELIVERY

DATE

0001 SHIP TO: Omaha VA Medical Center VA Nebraska-Western Iowa HCS 4101 Woolworth Avenue Omaha, NE 68105

USA

1.00

2.00

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 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause)

C.3 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

(a) Definition. for the Department of Veterans Affairs, ‘‘Service-disabled Veteran-owned small business concern or SDVOSB’’:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.201, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.

(2) The term ‘‘Service-disabled Veteran’’ means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term ‘‘small business concern owned and controlled by Veterans with service-connected disabilities’’ has the meaning given the term ‘‘small business concern owned and controlled by service-disabled veterans’’ under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)).

https://veterans.certify.sba.gov/

(5) The term “SDVOSB participant” or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102).

(b) General. In order for a concern to submit an offer and be eligible for the award of an SDVOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be listed as an SDVOSB participant in the SBA certification database as set forth in 13 CFR 128.

(1) Offers received from entities that are not certified SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a certified SDVOSB listed in the SBA certification database who is eligible at the time of submission of offer(s) and at the time of award.

(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only certified SDVOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible and certified SDVOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70.

(d) Agreement/LOS certification. When awarded a contract action, including orders under multipleaward contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size, and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting (LOS) requirements in 13 CFR 121.406(b) and 13 CFR 125.6. For the purpose of limitations on subcontracting, only certified SDVOSBs listed in the SBA certification database (including independent contractors) shall be considered eligible and/or ‘‘similarly situated’’ (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required LOS certification requirements in this solicitation (see 852.219–75 or 852.219–76 as applicable). These requirements are summarized as follows:

(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not certified SDVOSBs listed in the SBA certification database (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/ VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases). When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(2) Supplies/products.

(i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(ii) In the case of a contract for supplies from a non-manufacturer, the SDVOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted. Refer to 13 CFR 125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.

(3) General construction. In the case of a contract for general construction, the SDVOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database.

(4) Special trade construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, may be paid to firms that are not certified SDVOSBs listed in the SBA certification database.

(5) Subcontracting. An SDVOSB subcontractor must meet the NAICS size standard assigned by the prime contractor and be certified and listed in the SBA certification database to count as similarly situated. Any work that a first tier SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13

CFR 125.6.

(e) Required limitations on subcontracting compliance measurement period. An SDVOSB shall comply with the limitations on subcontracting as follows:

[] By the end of the base term of the contract or order, and then by the end of each subsequent option period; or

[] By the end of the performance period for each order issued under the contract.

(f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture complies with the requirements in 13 CFR 128.402 and the managing joint venture partner makes the representations under paragraph (c) of this clause. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

(g) Precedence. The VA Veterans First Contracting Program, as defined in VAAR 802.101, subpart 819.70, and this clause, takes precedence over any inconsistencies between the requirements of the SBA Veteran Small Business Certification Program and the VA Veterans First Contracting Program.

(h) Misrepresentation. Pursuant to 38 U.S.C. 8127(g), any business concern, including all its principals, that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB status is subject to…