S02 36C24W25Q0330_1.pdf

36C24W25Q0330_1 – PATIENT BEDS AND MATTRESSES

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

36C24W

36C24W25Q0330 09-02-2025

Amelia Roberson 254-278-6424 09-05-2025

12:00PM CDT

36C24W Department of Veteran Affairs Regional Procurement Office West (RPOW) 3237 Peacekeeper Way Building 200 Suite 204 McClellan Park CA 95652

X

339113

800 Employees

N/A

X

36C623

Eastern Oklahoma VA Health Care System Tulsa VA Medical Center

440 S. Houston Ave Tulsa OK 74127

36C24W

Department of Veterans Affairs Regional Procurement Office West (RPOW) 3237 Peacekeeper Way

This is accomplished through the Tungsten Network located at:

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

(877)353-9791 (512) 460-5540

See CONTINUATION Page

The contractor shall provide Patient Beds and Mattresses in accordance with the Price/Cost Schedule, the Statement of Work, the terms and conditions incorporated within.

Quotes are due by Friday, September 5, 2025 by 12:00PM CST Via email to Amelia.Roberson1@va.gov

PER FAR 52.225-2 BUY AMERICAN CERTIFICATE MUST BE FILLED OUT

AND SUBMITTED WITH THE QUOTE.

See CONTINUATION Page

X X

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 STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

B.4 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

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

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023)

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

1998)

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.4 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.5 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.7 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024) (DEVIATION

FEB 2025)

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 36C24W Dewana Raynor Dewana.Raynor@va.gov

Department of Veteran Affairs Regional Procurement Office West (RPOW) 3237 Peacekeeper Way

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

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

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Upon Receipt of Order

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

mailto:Dewana.Raynor@va.gov

B.2 STATEMENT OF WORK

Veterans Health Administration (VHA) Eastern Oklahoma VA Health Care System (EOVAHCS) Provision and Installation of Patient Beds At the new Tulsa VA Medical Center

GENERAL

BACKGROUND: The Eastern Oklahoma VA Health Care System (EOVAHCS) is renovating a non- medical existing facility to be the new Tulsa VA Medical Center (VAMC). The facility requires patient beds with mattresses for the Intensive Care Nursing Unit (ICU), Medical Surgical Unit and Rehab unit. There currently are no patient beds and mattresses in this facility.

LOCATION:

Product Delivery and Installation: James Mountain Inhofe VA Medical Center, 440 S.

Houston Ave, Tulsa, Oklahoma 74127.

PURPOSE / OBJECTIVE:

Eastern Oklahoma VA Health Care System (EOVAHCS) requires a contractor to provide and deliver patient beds and mattresses that allows the ICU to precisely control and regulate a patient’s body temperature, either lowering it (therapeutic hypothermia) or raising it (hyperthermia) for therapeutic purposes. This unit is needed to provide therapeutic body temperature control for patient’s, as needed, in the ICU.

Contractor must deliver and install the equipment per the delivery times and to the locations in this SOW. The Purpose, to include provision of products, installation, and training, must be accomplished by the Contractor by the Delivery Times at the Locations, in accordance with this SOW, in a cost-effective, efficient, and safe manner, while contributing the VA Mission.

The Contractor shall furnish all contract oversight, management, Technically Trained Personnel, OEM authorizations to support provision and installation of OEM products, applicable licenses, uniforms, equipment, tools, materials, supplies, storage, insurances, shipping and delivery costs, and transportations necessary to provide the products, and associated installation, for EOVAHCS in accordance with this SOW. Any services associated with this product are considered non personal services. The Contractor, its employees, agents, and subcontractors shall not be considered VA employees for any purpose of fulfilling the SOW and shall be considered employees of the Contractor.

Qualifications of Contractor:

For a contract of this size, scope and complexity, the successful Contractor must provide products and perform in a professional manner and quality as recognized by commercial industry standards as good to excellent. Contractor must provide to the COR and CO, and maintain for the life of the contract, written certification from the Original Equipment Manufacturer (OEM) that authorizes the Contractor to provide and assemble the products, as detailed in the Contractor’s quote and identified in this SOW.

Brand Name of Products, to include make and model numbers:

All mentions of Brand Name, Make/Model numbers, is provided only for purposes to convey Basis of Design as a means of providing the minimum requirements.

SCOPE: EOVAHCS requires a contractor to provide products and assembly that meet or exceeds the physical, functional, and performance of the listed salient characteristics in the following sections. The equipment features are essential to the technical requirements to meet the VA’s needs. The VA’s needs assessment identified the type of products and components listed below as a suitable solution to fill the gap. However, these are only used as a guide and the VA’s basic, salient characteristics and critical minimum requirements define the type of product that is needed to ensure the Purpose of this SOW is satisfied. OEM part numbers/references, in the salient characteristics section, are used as a basis of design and are provided as a means to convey the minimum standard characteristics.

PHYSICAL CHARACTERISTICS: Contractor must provide patient beds and mattresses with associated components that meet or exceed the critical minimum requirements as well as the specifications in this SOW.

CRITICAL MINIMUM REQUIREMENTS

Contractor must provide the following critical minimum requirements as part of the product and installation.

1) M3025 – Mattress, Pressure Reduction – Hillrom PRL-TPlus and CNT-MAX 36” to 40”

a. Pressure redistribution and microclimate management mattress for in-patient beds.

b. Mattress must be capable of advanced microclimate therapy to remove excess heat and moisture away from the patient's skin.

c. Mattress will be constructed with welded seams and fluid-resistant zippers.

d. Mattress will include internal pump.

e. Mattress will be capable of non-powered pressure distribution adjustments to patient weight and movement for optimal pressure redistribution, shear management, and patient comfort.

f. Mattress will have a sloped heel section to off load pressure in heel area.

g. Mattress will include status indicator.

h. Mattress will be a minimum of 36" in width and 88" in length.

i. Mattress must be capable of minimum 500lbs patient weight.

j. QTY: 46

2) M3025B – Mattress, Pressure Reduction, Bariatric – Hillrom CBB-Turn

a. Pressure redistribution and microclimate management mattress for in-patient bariatric beds.

b. Mattress will be constructed with welded seams and fluid-resistant zippers.

c. Mattress will include external pump.

d. Mattress must be capable of microclimate management (LAL) and

Continuous Lateral Rotation Therapy (CLRT).

e. Mattress will be capable of 50” in width and 88” in length.

f. Mattress must be capable of minimum 1,000lbs patient weight.

g. QTY: 14

3) M7007 – Bed, Patient, Electric, Special Care – Hillrom Progressa Plus ICU Bed

a. Bed will include minimum standard features: Flex-A-Foot Retractable

Foot Control, SlideGuard™ Frame Technology, 30/45 Degree Head of Bed Alarm, Night Light, Hands Free Emergency CPR, Trendelenburg, Point of Care Siderail Controls, Obstacle Detect System, Drainage Bag Holders, Four IV Sockets, Patient Controls Backlighting, Bed Controls, Line Manager, PPM 3 Level Advanced Bed Exit, Foot Controls Module, Oxygen Tank Holder, Point of Care Touch Screen on Both Sides and 6" Casters.

b. Bed will include options: 40" Frame Width, Alternating Low Pressure Mode, Progressa+ Base Frame, Microclimate Mgmt Surface, Rotation, Percussion & Vibration, Chair Egress Position, Patient Migration Mgmt, Nurse Call, Univ TV & Lighting, Intellidrive with 6" Casters, Continuous Low Pressure Mode, English Language Labels, Accessory Outlet, Caregiver Pendant, X-Ray Sleeve, In-Bed Scale, O2 Tank Holder Module 107.95mm and 112.7mm and Wireless Connectivity.

c. Bed will operate on 120 V 60Hz.

d. Straight power cord with NEMA5-15P (US) Plug.

e. QTY: 13

4) M7009 – Bed, Patient, Electric, Bariatric – Hillrom Compella Bariatric Bed

a. Bed will include minimum standard features: Powered Width Expansion

40” to 50”, Powered Length Adjustment 80” to 88”, Single Mode Bed Exit, Digital Head of Bed Indicator and Alert, In-bed Scale, Battery Backup, Night Light, Integrated Caregiver and Patient Controls, and SlideGuard™ Frame Technology.

b. Bed will include options: Compella Base Frame, Low Air Loss Surface, PPM,3 Level Adv Bed Exit Alarm, Nurse Call in Siderail, Pendant, English Language Labels, Line Management, Air Supply Units Display Centimeters/Kilos, Handsfree Continuous Monitoring (HR, PR, etc.), Navicare Ready, Continuous Lateral Rotation, and IntellidriveXL with 6” Casters.

c. Bed will operate on 120 V 60Hz.

d. Straight power cord with NEMA5-15P (US) Plug.

e. QTY: 14

5) M7010A – Bed, Patient, Electric – Hillrom Centrella Smart Plus Bed

a. Bed will include minimum standard features: GCI Touchscreen-Left Side, Bed Exit Silence, Brake Not Set Alarm, One Button Chair, Battery Backup, Digital Angle Indicator, Built in Line and Cord Mgmt, 4 IV Pole Sockets, Integrated Restraint Holders, Lockout Controls, Drainage Bag Holder, Smart Bed Ready (Sidecom Req), Wi-Fi, Enhanced 3-Mode Bed Exit, Motion Activated Nightlight, Stand Assist, Advanced Slideguard® Feature, Foley Position Limit, Patient HOB Angle Display, Trend/Rev Trendelenburg, Dampened Emergency CPR, Patient Storage in Siderail, Integrated Urinal Holders, Powered Bed Extend and Handsfree Continuous Monitoring (HR, PR, etc.).

b. Bed will include options: English Language Labels, 40" Frame Width, Base bed, NUL - ReadyConnect Compatible, Intellidrive® Transport, Accessory Outlet, Patient Helper Bracket, OSI Patient Helper Sleeve, 36" to 40" MAX Surface Upgrade, In Bed-Scale (KG/LBS) and PK3551.

i. PK3551 Includes the following:

1. USB Charger

2. 2nd LCD Touchscreen

3. Patient Pendant

4. Removable IV Pole

5. Verbal Alerts

6. SafeView®+ with IllumiGuide®

7. MAX Air Surface with Blower

8. Contact Free Continuous Monitor.

c. Bed will operate on 120 V 60Hz.

d. Straight power cord with NEMA5-15P (US) Plug.

e. QTY: 33

OTHER REQUIREMENTS:

Contractor is required to provide the following requirements as part of the product and installation.

SPECIFICATIONS (including SALIENT CHARACTERISTICS)

Contractor must provide products that meet or exceed the specifications in this table.

QTY Unit of Issue

Model Numbers are from Hillrom brands

Item Description

46 EA PRL-TPlus and

CNT-MAX36U

M3085 – Microclimate Mgmt Surface included with M7007 and 36” to 40” MAX Surface included with M7010A

14 EA CBB-Turn M3085B – Low Air Loss Surface included with M7009

13 EA PRL-Base M7007 – Progressa Plus Base Frame and options

14 EA CBB-Base M7009 – Compella Bariatric Bed and options

33 EA CNT-PK3551 M7010A – Centrella Smart Plus Bed and options

Qualifications of Contractor OEM-Trained Technicians: Contractor shall document, in writing, their experience in working on the equipment listed in this SOW as well as the qualifications of individuals who will work on the equipment. Where the SOW requires OEM trained technicians, demonstration of this will also be required in the documentation.

Contractor must provide the COR and Contracting Office with such documentation, as a minimum:

a) Within 5 business days of contract award,

b) Within 5 business days after renewal or extension of services in accordance with, and if permitted by applicable FAR clause, and

c) immediately, when previously assigned OEM-trained technicians have been replaced, and in advance of commencing installation of equipment identified in this SOW.

INSTALLATION AND TRAINING:

Contractor must provide product installation and training as part of this contract. Delivery, installation, and training must be coordinated with the local COR.

Contractor shall provide certified in-service training for all shifts of direct patient care, nurses, surgical service staff, physicians, and Biomedical (BESS) staff, in units where products will be used, at no additional cost to the Government, for any equipment new to this facility.

This training shall include hands-on product use and be extensive enough to prepare participants to train others. Maintenance, repair, and annual certifications must be included in training.

Dates to be coordinated with facility and COR. Initial training is anticipated between October and December 2025.

Training and support to be ongoing for users.

Manuals: Contractor shall provide electronic, digital copies of the user manuals and repair manuals for each different product under this order or contract, at no additional cost to the government.

QUALITY

Conformance Standards

Refer to section on Safety and Compliance in this SOW.

Rework or Remedy

Rework or Remedy is defined as replacing a product or performing the service again until the Purpose of this SOW is achieved in full. This involves less than Satisfactory Products or Service by the Contractor and as noted by the COR. Rework or Remedy occurs at no additional cost to the Government. Payment will be withheld until all replacement products are received or services are performed to the Satisfactory level in accordance with this SOW and as documented by the COR.

DELIVERY:

Delivery and receipt of the proposed items are anticipated to be directed to the location identified in this SOW. Confirmation of delivery location will be provided by the VA COR post- award. Delivery must be coordinated with VA COR before any delivery attempts.

Any item that has not been coordinated will be turned away and any additional charges will be the responsibility of the sender/transportation company.

Contractor is responsible for offloading the equipment from the truck, moving the equipment to the correct delivery location in the space, uncrating or unboxing the equipment, and removing all trash. Equipment paperwork and warranty information must be handed to the VA receiving staff, as advised by the COR.

INSPECTION: All equipment shall be tested after installation. Each resultant inspection shall be documented and provided to the COR within 7 days of installation along with any inspection documentation or checklists required by the manufacturer. Any changes in inspection requirements during the period of installation will be communicated to the Contractor immediately.

Inspection and Acceptance of Products and Services: The Government reserves the right to inspect and test services in accordance with this SOW and the Contract. The only individual authorized to officially accept services is the COR. While inspection of services may be delegated by the COR and a shared responsibility with departmental management staff, the COR is ultimately the only authorized individual to approve and accept services on behalf of the VA.

WARRANTY OF EQUIPMENT: Contractor must provide a warranty per the Specifications in this SOW. The warranty must meet or exceed standard manufacturer industry warranty terms. The government does not accept an extended warranty, which requires advance payment. The manufacturer’s warranty must begin on 1st Patient Day, which is currently scheduled for summer of 2026.

STANDARD BUSINESS HOURS AND FEDERAL HOLIDAYS

Hours: Normal duty hours are 8:00 a.m. through 3:00 p.m. CST, Monday through Friday, not including federal holidays. Whenever contact with a facility is required outside of normal duty hours, the Contractor shall coordinate these times with the designated

COR.

“In accordance with 5 U.S.C. 6103, Executive Order 11582, and Public Law 94-97, the following national holidays are observed and for the purpose of this contract are defined as “Legal Federal official holidays.”

New Year’s Day January 1st

Juneteenth June 19th

Independence Day July 4th

Columbus Day Second Monday in October

Thanksgiving Day Fourth Tuesday in October

Christmas Day December 25th

Martin Luther King’s Birthday Third Monday in January

President’s Day Last Monday in February

Memorial Day Last Monday in May

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

• Any other day designated by Federal Statute

• Any other day designated by Executive Order

• Any other day designated by the President of the United States to be a Federal holiday.

SAFETY AND COMPLIANCE

The Contractor must perform services and ensure equipment functions in accordance with:

a) local, state, and federal Occupational Safety and Health guidelines and legislation, to include Occupational Safety and Health Administration (OSHA), the American National Standards Institute (ANSI) safety guidelines;

b) local, state, and federal guidelines and legislation, as well as VA Health Care System Directives and guidelines, relating to chemicals and usage of chemicals, to include pesticides;

c) local, state, and federal Fire and Safety legislation and guidelines, to include VA Health Care System directives and legislation on Fire and Safety, as well as the latest published edition of NFPA-99 (Health Care Facilities Code);

d) local and state environmental laws as well as Environmental Protection Agency (EPA) regulations, Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), involving pesticide use and other pest control procedures;

REGULATORY REQUIRMENTS: Environmental Protection Agency (EPA) 40 CFR.

a. Food and Drug Administration (FDA) Quality System Regulation as stated in 21 CFR Part 820

b. Department of Transportation (DOT) 49 CFR.

c. Occupational Safety and Health Administration (OSHA)

d. VHA DIRECTIVE 7708 Pollution Prevention Program

e. VHA Directive 7707 Green Environmental Management Systems (GEMS)

Medical Center Policies

Each VA Medical Center has policies that are updated from time to time. The COR can provide more detailed information to the contractor of these upon commencement of the contract and throughout the term of the contract, as needed, especially policies regarding, parking, possession of weapons, cell phone use and photography as well as smoking on VA property. Violations of such policies may result in individual fines or citation answerable in the United States (Federal) District Court.

Contractor shall abide by all rules and regulations set forth by VA Tulsa due to Coronavirus (COVID-19) and have their own personal protective equipment (PPE) in use for the time they are on grounds of the new Tulsa VA Medical Center.

Contractor Point of Contact (POC)

The Contractor shall specify an individual who shall serve as a single point of contact for all contract issues (POC). Contractor must provide the COR and Contracting Office with the POC contact details, to include business phone number or cell phone number and email, as a minimum:

a) Within 5 business days of contract award,

b) Within 5 business days after renewal or extension of services in accordance with, and if permitted by applicable FAR clause, and

c) Within 5 business days prior to a change in the POC by the Contractor.

The POC must be easily accessible by phone and return COR calls within 48 hours of a voice message left by the COR.

Contracting Officer’s Representative (COR)

Upon contract commencement, the Contracting Officer will notify the Contractor in writing as to the COR assigned to this contract, and upon reassignment of a new COR, as applicable. Contractor shall only respond to requests for changes, new products or service, from the COR or the CO. If any product or services is requested from any source, other than the COR or the CO, the Contractor is to advise the individual of this requirement and refuse to respond. Any billing resulting from unauthorized service will not be paid by the government. The COR will evaluate the contractor’s performance through review of the Contractor’s Quality Control Procedures in accordance with this contract and SOW.

Authority of the COR

The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract. In the event the Contractor affects any changes at the direction of any person other than the Contracting Officer, the changes will be considered to have been made without authority and no adjustment will be made in the contract price or schedule to cover any increase in costs incurred as a result thereof. The Contracting Officer shall be the only individual authorized to accept nonconforming work, waive any requirement of the contract, and/or modify any term or condition of the contract. The Contracting Officer is the only individual who can legally obligate Government funds. No costs chargeable to the proposed contract can be incurred before receipt of a fully executed contract or specific authorization from the Contracting Officer.

Any invoicing or charges resulting from unauthorized service will not be paid by the government.

LIABILITIES AND INSURANCES

Protection from Damage

Contractor shall provide all labor, materials, and equipment necessary for protection of VAMC personnel, furnishings, equipment and buildings from damage, and shall replace or repair any damage due to work performed under this contract equal to its original construction and finish.

Liability Insurance

Contractor must provide the COR and the CO with written confirmation that Contractor has adequate insurance protection against negligent work and other forms of liability.

SECURITY:

Contract Personnel Security

Contractor must check in and out with COR when entering the VA and must be escorted while on VA premises.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

13.00 EA ____________ _____________

Bed Patient Electric Adjustable Special Care including mattress PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, Equipment, Utensils, and Supplies

14.00 EA ____________ _____________

Bed Patient Clinical Electric adjustable, Bariatric, including mattress PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

33.00 EA ____________ _____________

Bed Patient adjustable Electric including mattress

PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

GRAND

TOTAL

B.4 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

ALL SHIP TO: Eastern Oklahoma VA Health Care System Tulsa VA Medical Center 440 S. Houston Ave Tulsa, OK 74127

USA

ALL 60 Days ARO

MARK FOR: Michael Galow

(918) 310-4577 Michael.Galow@va.gov

FOB: DESTINATION

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(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; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

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

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

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

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

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

(End of Clause)

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

PRODUCTS AND COMMERCIAL SERVICES

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

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

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

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

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

(End of Clause)

FAR

Number

Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—

COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES

JAN 2025

52.229-3 FEDERAL, STATE, AND LOCAL TAXES FEB 2013

52.229-4 FEDERAL, STATE, AND LOCAL TAXES (STATE AND

LOCAL ADJUSTMENTS)

FEB 2013

852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE DEC 2022

852.203-70 COMMERCIAL ADVERTISING MAY 2018

852.211-70 EQUIPMENT OPERATION AND MAINTENANCE

MANUALS

NOV 2018

852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-

OWNED SMALL BUSINESS EVALUATION FACTORS

(DEVIATION)

JAN 2023

852.215-71 EVALUATION FACTOR COMMITMENTS OCT 2019

852.222-71 COMPLIANCE WITH EXECUTIVE ORDER 13899

(DEVIATION) (APR 2025)

APR 2025

852.232-72 852.246-71 852.247-71 852.247-73 852.242-71

ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

REJECTED GOODS

DELIVERY LOCATION

PACKING FOR DOMESTIC SHIPMENT

ADMINISTRATIVE CONTRACTING OFFICER

NOV 2018

OCT 2018

OCT 2018

OCT 2018

OVT 2018

(End of Addendum to 52.212-4)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR

ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

AND COMMERCIAL SERVICES (SEP 2023)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

(1) Is set aside for small business and has a value above the simplified acquisition threshold;

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the…