S02 36C24424Q0450.docx

36C24424Q0450

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

529-24-2-107-0002 36C24424Q0450 05-1 -2024 Melvin Moore melvin.moore2@va.gov 814-943-8164 X 16729 05-23-2024

EDT

36C244 Department of Veterans Affairs Network Contracting Office 4 Commodities 1 1601 Kirkwood Hwy Wilmington DE 19805 X 339113 800 Employees N/A X See schedule.

36C244 See Block 9.

Austin Payment Center Department of Veterans Affairs PO Box 149971 Austin TX 78714-9971

(877) 353-9791

(512) 460-5429 See CONTINUATION Page

GETINGE GSS67N STEAM STERILIZERS & ACCESSORIES

See continuation pages for full details.

Questions are due by Friday, May 17, 2024 at 12:00 PM Eastern to the POC in Block 7a.

Carefully review Section E.1 Addendum to 52.212-1 Instructions to Offerors for quote requirements.

See CONTINUATION Page X X X Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: ___________________________________

POC: _________________________

Phone: __________________ Email: ______________________________

b. GOVERNMENT: Contracting Officer 36C244 Department of Veterans Affairs Network Contracting Office 4 Commodities 1 1601 Kirkwood Hwy Wilmington DE 19805

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

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Tungsten Network https://www.kofax.com/products/tungsten ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Steam Sterilizer GSS67N 26.5x27.5x51 Vacuum Single Door Sterilizer, 208V, left side service.

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

MANUFACTURER PART NUMBER (MPN): 6028457770

Steam Sterilizer GSS67N 26.5x27.5x51 Vacuum Single Door Sterilizer, right side service.

MANUFACTURER PART NUMBER (MPN): 6028457772

Utility Connection Pkg, .75

MANUFACTURER PART NUMBER (MPN): CONNKIT0002

Data Log Getinge G1 Sterilizer T-DOC Data Logging Module for Getinge G1 Sterilizer

MANUFACTURER PART NUMBER (MPN): TDCY24

Process Data Export Module T-DOC Process Data Export Module per machine

MANUFACTURER PART NUMBER (MPN): TDCY32

T-DOC installation per hour T-DOC install per hour, excl. expenses

MANUFACTURER PART NUMBER (MPN): ZSUSTDOCINSTALL

NetCOM Installation, 3 hours

MANUFACTURER PART NUMBER (MPN): ZSUSLUA-I-NETCOM

T-DOC Plus SLA DL

MANUFACTURER PART NUMBER (MPN): J60016

Shelf Rack Shelf Rack 67x13

MANUFACTURER PART NUMBER (MPN): 564603470

Pair of Shelves Pair of Shelves 67x13

MANUFACTURER PART NUMBER (MPN): 564604470

Loading Trolley Smart FHT 67x13

MANUFACTURER PART NUMBER (MPN): 6020720674

Rails for shelf rack 66/67x13 Rails for Shelf Rack 67x13

MANUFACTURER PART NUMBER (MPN): 564600470

CPRSR,AIR,2.0HP,5.0CFM,AT100P

MANUFACTURER PART NUMBER (MPN): P0010301

Install/Remove GSS67 Sterilizer

MANUFACTURER PART NUMBER (MPN): ZSUS15626-IR-GSS67

Weekend/Afterhours (per piece)

MANUFACTURER PART NUMBER (MPN): ZSUSINSTAL-WKD-XHR

Disposal per piece 1

MANUFACTURER PART NUMBER (MPN): ZSUSDISPOSAL-1PC

Final Connections Level 1

MANUFACTURER PART NUMBER (MPN): ZSUSFINAL-CONN-LV1

Custom Trim 1 Max 5in Trim 20 Feet Max

MANUFACTURER PART NUMBER (MPN): ZSUS-CTRIM-1-20

B.3 DELIVERY SCHEDULE

Butler VA Health Care System 325 New Castle Road Butler, PA 16001 2480

USA

1.00

1.00

2.00

2.00

2.00

4.00

2.00

2.00

4.00

8.00

4.00

2.00

2.00

2.00

2.00

2.00

2.00

3.00

B.4 STATEMENT OF NEED

Getinge GSS67N (51” deep) Steam Sterilizers Department of Veterans Affairs VA Butler Heath Care Center (HCC) Butler, PA 16001

1. Introduction/Background The Department of Veterans Affairs Health Care Center, Sterile Processing Service (SPS) has determined the need to purchase two Getinge GSS67N 51-inch-deep steam sterilizers for the Sterile Processing Service.

This requirement includes the purchase of two Getinge GSS67N steam sterilizers for delivery, installation, configuration, and assembly. The new steam sterilizers will be installed in the existing footprint. This also includes the removal of two Getinge 633HC steam sterilizers. The end-of-life sterilizers were installed in approximately 2016 with the building construction of the Health Care Center.

2. Scope The Department of Veterans Affairs, Butler Health Care Center (HCC) is seeking brand name acquisition of:

· Two (2) Getinge GSS67N Steam Sterilizers including delivery, installation, configuration, and assembly.

· Deinstallation and Disposal of two Getinge 633HC Steam Sterilizers that are at their end of life.

· Utility connection package for two Getinge Sterilizers.

· T-DOC Data Logging Module for Getinge Sterilizers.

· T-DOC Process Data Export Module for Getinge Sterilizers

· T-DOC Installation

· NETCOM installation for Getinge Sterilizers.

· T-DOC Plus SLA DL for Getinge Sterilizers.

· Four (4) Shelf Racks.

· Eight (8) Pair of Shelves.

· Four (4) Loading Trolleys.

· Two (2) Rails for Shelf Racks.

· Two (2) CPRSR, Air 2.0HP, 5.0CFM, AT100P.

· Two (2) Final connections. Labor and materials for final connections of plumbing only. High voltage electrical connection not included. Gauges and shut-off valves not included. Piping must be roughed-in, per Getinge drawings.

· Three (3) Custom Trim (20 feet max).

The contactor/vendor shall provide all labor, materials, equipment, transportation, and supervision for all stated work within this scope of work. All work is to be performed during the weekend and after-hours for the SPS department.

Contractor/Vendor shall provide all necessary materials, equipment, labor, supervision and management to: (A) coordinate delivery; (B) load and unload; (C) removal and install items in designated rooms/locations; (D) assemble items as required; (E) secure as designated; (F) provide maintenance manuals for all products specified, and (G) properly dispose of all associated packing/crating materials outside the VA premises.

3. Location of Equipment (Deinstallation and Installation)

Department of Veterans Affairs VA Butler Heath Care Center (HCC) Sterile Processing Service Department (2SP002) 353 North Duffy Road Butler, PA 16001

4. Requirement with Salient Characteristics and Technical Specifications

A. Salient Characteristics

The Getinge GSS67N Steam Sterilizer holds up to twice as many standard instrument trays than other similar-sized units, doubling throughput in the same amount of space. The GSS67N Series Sterilizers are the ideal replacement unit when space is at a premium. The unit is also optimized for ambulatory surgical centers and the larger instrument sets required for orthopedic surgeries.

For general-purpose gravity or vacuum steam sterilization of hospital instruments and supplies. The selectable temperature range is from 230°F to 275°F (110°C to 135°C) and from 219°F to 275°F (104°C to 135°C) for liquid cycles. Typical applications include wrapped and unwrapped porous and non-porous hard goods, gowns or towel packs and liquids in self-venting or unsealed containers. The liquid exhaust is microcomputer controlled for linear and consistent liquid cool down, programmable within a specified range.

· The only sterilizer that can process 12 trays in given footprint with integral steam boiler.

· The only sterilizer that can process 12 trays with an integral electrical steam generator. An automatic, electronically heated steam generator mounted under the sterilizer chamber. The steam generator pressure vessel is made of stainless steel.

· Validated for 25-pound sterilizer tray loads. The Getinge GSS67N Series Sterilizer is compliant with AAMI ST8 for processing wrapped tray sets up to 25 pounds each. This means that productivity can increase without risk SPD staff health or patient safety.

· CENTRIC colored touch screen HMI display.

· Local printing, USB storage and network printing available.

· Rectangular chambers assume maximum loading area from the top to the bottom.

· Type 316L stainless steel chamber, jacket and doors provide superior corrosion resistance and structural integrity – backed by 15-year chamber warranty.

· Chamber interior polished to a high-luster finish to reduce build-up of steam-water deposits.

· Chamber and door constructed of 316L stainless steel.

· Power operated vertical slide door.

· Stainless steel piping standard.

· Liquid ring mechanical vacuum pump optional.

· All components easily accessible for maintenance from front and side.

· Clean, modern design helps ensure long-term aesthetic appeal for every work environment.

· Steam interlock door switch – prevents team from entering chamber when the door is not sealed.

· Steam safety valves – ensure that the pressure in the chamber and/or jacket do not over-pressurize.

· Door obstruction shut-off – safety stops the door movement if an obstacle is encountered.

· Analog chamber gauges – needle-style gauges provide real-time pressure readings in the jacket and chamber even in the event of a micro-computer control system outage.

· Parameter check – the control system verifies all user programmed cycle parameters against time/temperature sterility assurance level recommendations.

· Password protected menu tree – all levels of cycle changes and parameter adjustments require supervisor password or service password.

B. Technical Specifications:

The sterilizer is equipped with a set of pre-programmed programs (cycles). The included programs are:

· Prevac programs are suitable for sterilizing devices not sensitive to vacuum.

· Prevac 1 135°C - Sterilization of wrapped instruments and wrapped utensils.3 minutes exposure time, 16 minutes drying time.

· Prevac 2 135°C - Sterilization of textile packs. 3 minutes exposure time, 3 minutes drying time.

· Prevac 4 132.2°C - Sterilization of wrapped instruments. 4 minutes exposure time, 30 minutes drying time.

· Prevac 5 132.2°C - Sterilization of textile packs. 4 minutes exposure time, 5 minutes drying time.

· IUSS 1 135°C - Immediate Use Steam Sterilization: Unwrapped nonporous items (e.g., instruments) or Unwrapped nonporous and porous items in mixed load. 3 minutes exposure time, 1 minute drying time.

· Note! Steam sterilization by the unwrapped (IUSS) method is employed when immediacy does not permit the use of the preferable wrapped sterilization procedure. Implantable devices should NOT be sterilized by the IUSS method.

· Gravity programs are suitable for sterilizing devices that are sensitive to vacuum or where vacuum pretreatment is not useful.

· Gravity 1 121.1°C - Sterilization of wrapped instruments, textile packs and wrapped utensils. 30 minutes exposure time, 45 minutes drying time.

· Gravity 2 135°C - Sterilization of utensils, textiles, rubber, porous load, and other hard goods. 10 minutes exposure time, 45 minutes drying time.

· Gravity 3 132.2°C - Sterilization of wrapped instruments and wrapped utensils. 15 minutes exposure time, 45 minutes drying time.

· IUSS 2 135°C - Immediate Use Steam Sterilization: Unwrapped nonporous and porous items in mixed load. 10 minutes exposure time, 0.5 minute drying time.

· IUSS 3 132.2°C - Immediate Use Steam Sterilization Unwrapped nonporous items (e.g., instruments). 4 minutes exposure time, 1 minute drying time.

· Note! Steam sterilization by the unwrapped (IUSS) method is employed when immediacy does not permit the use of the preferable wrapped sterilization procedure. Implantable devices should NOT be sterilized by the IUSS method.

· Liquid load program intended for sterilization of liquids in open or vented containers only, not intended for the sterilization of liquids used directly for patient contact.

· Vented Bottles 121°C - Sterilization of liquids in open or vented containers. 45 minutes exposure time.

· Test and service programs are designed to test different sterilizer functions or to automate procedures like start up.

· Bowie Dick Test - Intended to test the efficacy of the air removal within the sterilizer using a validated test pack. 134°C, 3.5 minutes exposure, zero dry time.

· Sterilizer start up - Sterilizer heating-up, with or without integrated leak rate test, at a set time.

· Leak rate test. For testing the vacuum integrity of the chamber and piping associated with drawing and holding vacuum. Vacuum leak test parameters are not adjustable.

· Supplemental Installation items:

· Data drops and TDOC software for connectivity from Getinge NetCom card to Censitrac server and Getinge Online remote monitoring system.

· Getinge Poly-Phosphate feeder filters for steam boilers.

Product

5. Government Furnished Info or Material

This acquisition does not include Government-furnished property (GFP), identify in the Statement of Work all available information on GFP to be provided, including the make, model, bar code number and serial number, if available, of all accountable assets with an acquisition cost of $500 or more.

This acquisition does not include Contractor-acquired property (CAP).

6. Security / National Check Requirement

The C&A requirements do not apply and that a Security Accreditation Package is not required.

7. VHA Directive 1192 Requirements

Vendor shall follow the following VHA Directive for Flu Vaccination and Tuberculosis Screening:

· VHA Directive 1192 requires all health care personnel (HCP) to participate in the seasonal influenza prevention program and outlines the key implementation steps. Health care personnel is defined in VHA Directive 1192 as all VA licensed and unlicensed, clinical and administrative, paid and unpaid, full- and part-time employees, intermittent employees, fee basis employees, VA contractors, students, researchers, volunteers and trainees who work in VA locations. HCP covered by the policy are expected to receive annual influenza vaccinations. Those HCP unable or unwilling to be vaccinated are required to wear a face mask throughout the influenza season. Masks are available at entrances throughout the medical center.

· It is the responsibility of the vendor to ensure that all contracted staff are compliant with the requirements outlined in VHA Directive 1192. The contractor shall maintain the following documentation:

· Documentation of vaccination, e.g. signed record of immunization from a healthcare provider or pharmacy, or a copy of medical records documenting a vaccination.

· Completed Health Care Personnel Influenza Vaccination Form (Attachment B of VHA Directive 1192), if unwilling or unable to receive the vaccination.

· Annual certification that all contract staff performing services at VA facilities are in compliance with VHA Directive 1192. This is to be submitted to Technical Point of Contact (TPOC).

8. Contract Award Meeting

The Contractor shall commence work when the Contracting Officer (CO) has conducted a “kick-off” meeting or has elected to waive the meeting. Various aspects of the work details will be discussed so there is a consistent understanding among the parties. Facility project team leaders, Contracting Officer (CO), and the Technical Point of Contact (TPOC) will oversee and direct the management of the removal and disposal of the end-of-life sterilizers and the install of the two new Getinge GSS67N sterilizers.

Any changes to this statement of work (SOW) shall be authorized and approved only through written awarded correspondence from the CO. All costs incurred by the contractor through the actions of parties other than the CO shall be borne by the contractor.

9. Technical Point of Contact (TPOC)

The identified technical representative for this acquisition is: Melissa Achtziger, Associate Director, Patient Care Services, melissa.achtziger@va.gov, 878-271-6671.

The technical representative shall clarify technical points or supply relevant technical information, but no requirements in this scope of work may be altered as a sole result of such verbal clarification.

10. Delivery

A. All delivery schedules should be coordinated thru facilities in advance.

B. Deliveries are accepted at:

Department of Veterans Affairs The Abie Abraham VA Health Care Center (HCC) Attn: Loading Dock 353 North Duffy Road Butler, PA 16001

C. Weekdays between 8:00 a.m. and 4:00 p.m., excluding any government holidays.

D. The weekend workday starts at 6:00 a.m. on Saturday and ends at 6:30 a.m. on Monday. The contracted work must be performed during weekend hours.

E. If a Holiday falls on a Sunday, it is observed on Monday. The following Federal Holidays are recognized:

F. Vendor is responsible for removing trash/packaging materials from the VA facility. If required, it would be acceptable for the vendor to supply a dumpster to park onsite for the project at a location determined by the VA. provide staff onsite upon deliveries to load and offload deliveries.

G. Delivery shall be coordinated with the point of contact (POC), Chief of Sterile Processing Service, Ms. Diana Toy, Room 2SP002, (878) 271-6827, Monday through Friday 8 a.m. - 4:30 p.m. Delivery, installation/configuration, and removal of existing sterilizers must be managed and completed in coordination with VA Standards.

H. No direct deliveries will be accepted by the VA; the vendor must arrange and be present for all deliveries. The VA will turn away any unscheduled deliveries at the vendor’s expense. A project manager or project designer and installation foreman must be onsite during installation.

I. For product delivery, the combination freight/passenger elevator is available at no additional charge.

J. The contractor is responsible for coordinating a delivery schedule as far in advance as possible, but not later than 2 weeks prior to delivery. ation, the contractor/vendor is responsible for protecting the floors to and from the elevator and from the elevator to the workspace. Masonite is required for all floors as well as door jamb and corner protection. All transport carts and wheeled equipment must be checked and verified to ensure damage is not made by them. Any damage done to the space must be repaired within 90 days at the vendor’s expense.

11. Receive and Unload

If the Contractor is unable to complete the assembly and placement of all unloaded items before the end of the workday, the Contractor will be responsible for moving these items to a secure location until the next available work day. The Contractor will be responsible for moving the items from the overnight storage site to its designated position in the building.

The Contractor shall verify and inspect all items. Any and all deficiencies (damage/overage/shortage) shall be brought to the attention of the assigned POC in writing, preferably via email, immediately upon identification.

The Contractor shall store damaged items in the location designated by the POC. The Contractor shall maintain a complete file of all documents relating to each discrepancy and copies of all Discrepancy Reports shall be forwarded to the POC on a daily basis.

Contractor shall repair or coordinate with the POC for replacement of damaged, defective, or missing items.

12. Assembly and final acceptance

Contractor shall be responsible for all safety and security guidelines within the area in which work is being performed, to include securing any contractor-owned tools or equipment, and any on-site storage being utilized.

Contractor shall install all items in accordance with each requirement statement and basic component floorplan designed and provided by the contractor. Floorplans will be provided by the Government if required.

Contractor is responsible for connecting the equipment to the water/electric supply for the building.

Contractor shall uncrate all equipment and items to be received (based on the Product chart) and perform all required assembly in-accordance-with the manufacturers’ instructions.

Contractor shall prevent its personnel from entering any area other than the designated work area.

Contractor shall maintain a means of egress within all designated work areas to comply with fire codes.

Contractor shall inspect to ensure that all equipment and product(s) are free of surface dirt, clean and polished, free of defects, and that the installation is complete and ready for use.

The Contractor shall do a final walkthrough with the POC before releasing crew for the day.

13. Jobsite Cleanliness

Contractor will be responsible for the removal and disposal of all trash/debris connected with uncrating and assembling all items installed under this contract.

Final Acceptance by the Government will not occur until all installed items have been wiped cleaned and debris/dust connected with installation is removed from the VA site.

Recyclable cardboard products shall be disposed of in accordance with applicable statutes, in respective containers. The contractor is responsible for providing trash containers at an offsite facility.

Packing materials will not be stored in the buildings for any period exceeding 24 hours.

The Contractor shall ensure its personnel eat or drink only in designated areas.

Personal trash (food wrappers, drink containers, etc.) shall be removed from the site on a daily basis by the Contractor.

14. Miscellaneous

The COR is responsible for ensuring that all Contractors comply with physical security policies. A compliant ID badge must be worn by Contractors at all times while on VA premises. Contractor may not have access to the VA network or any VA sensitive information under this contract.

15. Privacy Training

All Contractors must receive Privacy training annually using the following method:

· Complete the hard copy version of “VA Privacy Training for Personnel without Access to VA Computer Systems or Direct Access to or Use to VA Sensitive Information”.

· Signed training documents must be submitted to the COR.

36C24424Q0450

· Training must be completed prior to the performance of the contract and annually thereafter. Proof of training completion must be verified and tracked by the COR.

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SECTION C - CONTRACT CLAUSES

C.1 ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

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

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

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

(End of Clause)

C.3 52.246-17 WARRANTY OF SUPPLIES OF A NONCOMPLEX NATURE (JUNE 2003)

(a) Definitions. As used in this clause— "Acceptance" means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing supplies, or approves specific services as partial or complete performance of the contract.

"Supplies" means the end items furnished by the Contractor and related services required under this contract. The word does not include "data."

(b) Contractor's obligations.

(1) Notwithstanding inspection and acceptance by the Government of supplies furnished under this contract, or any condition of this contract concerning the conclusiveness thereof, the Contractor warrants that for ____________________________________________________________—

(i) All supplies furnished under this contract will be free from defects in or workmanship and will conform with all requirements of this contract; and

(ii) The preservation, packaging, packing, and marking, and the preparation for, and method of, shipment of such supplies will conform with the requirements of this contract.

(2) When return, correction, or replacement is required, transportation charges and responsibility for the supplies while in transit shall be borne by the Contractor. However, the Contractor's liability for the transportation charges shall not exceed an amount equal to the cost of transportation by the usual commercial method of shipment between the place of delivery specified in this contract and the Contractor's plant, and return.

(3) Any supplies or parts thereof, corrected or furnished in replacement under this clause, shall also be subject to the terms of this clause to the same extent as supplies initially delivered. The warranty, with respect to supplies or parts thereof, shall be equal in duration to that in paragraph (b)(1) of this clause and shall run from the date of delivery of the corrected or replaced supplies.

(4) All implied warranties of merchantability and "fitness for a particular purpose" are excluded from any obligation contained in this contract.

(c) Remedies available to the Government.

(1) The Contracting Officer shall give written notice to the Contractor of any breach of warranties in paragraph (b)(1) of this clause within within 45 days after discovery of the defect.

(2) Within a reasonable time after the notice, the Contracting Officer may either—

(i) Require, by written notice, the prompt correction or replacement of any supplies or parts thereof (including preservation, packaging, packing, and marking) that do not conform with the requirements of this contract within the meaning of paragraph (b)(1) of this clause; or

(ii) Retain such supplies and reduce the contract price by an amount equitable under the circumstances.

(3)(i) If the contract provides for inspection of supplies by sampling procedures, conformance of supplies or components subject to warranty action shall be determined by the applicable sampling procedures in the contract. The Contracting Officer—

(A) May, for sampling purposes, group any supplies delivered under this contract;

(B) Shall require the size of the sample to be that required by sampling procedures specified in the contract for the quantity of supplies on which warranty action is proposed;

(C) May project warranty sampling results over supplies in the same shipment or other supplies contained in other shipments even though all of such supplies are not present at the point of reinspection; provided, that the supplies remaining are reasonably representative of the quantity on which warranty action is proposed; and

(D) Need not use the same lot size as on original inspection or reconstitute the original inspection lots.

(ii) Within a reasonable time after notice of any breach of the warranties specified in paragraph (b)(1) of this clause, the Contracting Officer may exercise one or more of the following options:

(A) Require an equitable adjustment in the contract price for any group of supplies.

(B) Screen the supplies grouped for warranty action under this clause at the Contractor's expense and return all nonconforming supplies to the Contractor for correction or replacement.

(C) Require the Contractor to screen the supplies at locations designated by the Government within the contiguous United States and to correct or replace all nonconforming supplies.

(D) Return the supplies grouped for warranty action under this clause to the Contractor (irrespective of the f.o.b. point or the point of acceptance) for screening and correction or replacement.

(4)(i) The Contracting Officer may, by contract or otherwise, correct or replace the nonconforming supplies with similar supplies from another source and charge to the Contractor the cost occasioned to the Government thereby if the Contractor—

(A) Fails to make redelivery of the corrected or replaced supplies within the time established for their return; or

(B) Fails either to accept return of the nonconforming supplies or fails to make progress after their return to correct or replace them so as to endanger performance of the delivery schedule, and in either of these circumstances does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure.

(ii) Instead of correction or replacement by the Government, the Contracting Officer may require an equitable adjustment of the contract price. In addition, if the Contractor fails to furnish timely disposition instructions, the Contracting Officer may dispose of the nonconforming supplies for the Contractor's account in a reasonable manner. The Government is entitled to reimbursement from the Contractor, or from the proceeds of such disposal, for the reasonable expenses of the care and disposition of the nonconforming supplies, as well as for excess costs incurred or to be incurred.

(5) The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights afforded to the Government by any other clause of this contract.

(End of Clause)

C.4 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

C.5 VAAR 852.211-70 EQUIPMENT OPERATION AND MAINTENANCE MANUALS (NOV 2018)

The Contractor shall follow standard commercial practices to furnish manual(s), handbook(s) or brochure(s) containing operation, installation, and maintenance instructions, including pictures or illustrations, schematics, and complete repair/test guides, as necessary, for technical medical equipment and devices, and/or other technical and mechanical equipment provided per CLIN(s) ALL. The manuals, handbooks or brochures shall be provided in hard copy, soft copy or with electronic access instructions, consistent with standard industry practices for the equipment or device. Where applicable, the manuals, handbooks or brochures will include electrical data and connection diagrams for all utilities. The documentation shall also contain a complete list of all replaceable parts showing part number, name, and quantity required.

(End of Clause)

C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

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

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

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

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

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

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

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

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

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

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

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for—

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

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

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

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

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

(End of Clause)

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

The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract. Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of Clause)

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

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

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

(End of Clause)

C.9 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

Material shall be packed for shipment in such a manner that will insure acceptance by common carriers and safe delivery at destination. Containers and closures shall comply with regulations of carriers as applicable to the mode of transportation.

(End of Clause) (End of Addendum to 52.212-4)

C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (FEB 2024)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[X] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

[X] (5) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (6) [Reserved] [] (7) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (8) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (9) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).

[] (10) 52.204–28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115–390, title II).

[X] (11)(i) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (DEC 2023) (Pub. L. 115–390, title II).

[] (ii) Alternate I (DEC 2023) of 52.204–30.

[X] (12) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

[] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

[] (14) [Reserved] [] (15) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

[] (16) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (17) [Reserved] [] (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-6.

[] (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[X] (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).

[] (21)(i) 52.219–9, Small Business Subcontracting Plan (SEP 2023) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (JUN 2020) of 52.219–9.

[] (v) Alternate IV (SEP 2023) of 52.219–9.

[] (22)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (ii) Alternate I (MAR 2020) of 52.219-13.

[] (23) 52.219–14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

[] (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[] (25) 52.219–27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

[X] (26) (i) 52.219–28, Post-Award Small Business Program Representation (FEB 2024) (15 U.S.C. 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219–28.

[] (27) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

[] (28) 52.219–30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

[] (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[] (30) l(26) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

[] (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[X] (32) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (FEB 2024) (E.O. 13126).

[X] (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (34)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (ii) Alternate I (FEB 1999) of 52.222-26.

[X] (35)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[] (ii) Alternate I (JUL 2014) of 52.222-35.

[X] (36)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

[] (ii) Alternate I (JUL 2014) of 52.222-36.

[X] (37) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[X] (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (39)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[] (40) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

[] (41)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[]…