S02 - 36C25221Q1164.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. DUNS: DUNS+4:

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. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C25221Q1164 09-02-2021

Trudell,Michele 414-844-4800 ext 43251 09-08-2021

4:00 PM CDT

36C252 Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) 115 S 84th Street, Suite 101

Milwaukee WI 53214-1476

X

811219

$22 Million

N/A

X

36C252

Edward Hines Jr. VA Hospital 5000 South 5th Avenue

Hines IL 60141-5000

36C252

Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) 115 S 84th Street, Suite 101

Milwaukee WI 53214-1476

Department of Veterans Affairs Financial Services Center PO Box 149971

Austin TX 78714-9971

877-353-9791 512-460-5540

See CONTINUATION Page

Contractor to provide Medical Instrument Sharpening and Repair services at Edward Hines Jr. VA Hospital in Hines, IL within the Statement of Work.

See Continuation Page.

The latest DOL Wage Determination shall apply to any award made from this solicitation.

Cook County 2015-2018 (Rev 18) dated 07.20.2021

See CONTINUATION Page

578-3610160-144-820200-2580 010021200

X

X 1

Susan Pasholk Contracting Officer

36C25221Q1164

B.1 CONTRACT ADMINISTRATION DATA (continuation from Standard Form 1449)

OFFERORS MUST COMPLETE AND RETURN ALL INFORMATION DESIGNATED HEREIN

PRIOR TO THE TIME SPECIFIED IN BLOCK 8 OF SF 1449 IN ORDER TO BE CONSIDERED

FOR AWARD.

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

AMENDMENT NO DATE

1. CONTRACT ADMINISTRATION: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

CONTRACTOR NAME _____________________________________

ADDRESS ________________________________________________

CITY-STATE-ZIP __________________________________________

POINT OF CONTACT/TITLE ________________________________

PHONE NUMBER ______________________________________

FAX NUMBER ______________________________________

E-MAIL ADDRESS ______________________________________

DUNS NUMBER NO. ______________________________________

CONTRACTOR’S PAST PERFORMANCE POINT OF CONTACT

(IF DIFFERENT THAN ABOVE):

NAME: __________________________________________

EMAIL ADDRESS:_________________________________

b. GOVERNMENT: MICHELE TRUDELL, CONTRACT SPECIALIST

CONTRACTING OFFICE CODE: 36C252

DEPARTMENT OF VETERANS AFFAIRS

GREAT LAKES ACQUISITION CENTER

115 S. 84TH ST., STE 100

MILWAUKEE WI 53214

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

a. FAR 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER – SYSTEM FOR

AWARD MANAGEMENT (OCT 2018)

3. INVOICES:

a. Invoices shall be submitted monthly in arrears in accordance with: 852.232-72

ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

b. Payments shall be made in arrears upon receipt of a properly prepared invoice

c. The VA has mandated electronic invoice submission to the Veterans Affairs Financial Services Center (VAFSC). VAFSC has partnered with Tungsten Network e-Invoicing network, for submissions of all electronic invoices to VA. Tungsten Network electronic invoicing is free to all VA vendors. In order to submit electronic invoices, all VA vendors must register with Tungsten Network by submitting an email to

VA.Registration@Tungsten-Network.com or calling 1-877-752-0900 option 2 for Enrollment.

d. Contractor shall submit an electronic invoice by the tenth (10th) of the following month services were performed to the Veterans Affairs Financial Services Center (VAFSC) e-

Invoice through the website at https://portal.Tungsten-Network.com/Login.aspx. For questions regarding the submission of VA electronic invoices, Tungsten Network customer service may be contacted at 1-877-489-6135.

e. All invoices shall reference the vendor name and address, customer name, contract number, appropriate obligation/funding order number, description of services provided, quantity, unit price, and total invoice amount (any additional info). Invoices shall also include any payment discount terms.

4. GOVERNMENT INVOICE ADDRESS (See SF1449 Block 18):

a. All invoices from the contractor shall be submitted electronically in accordance with

852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

b. Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests.

c. VA’s Electronic Invoice Presentment and Payment System – The Veterans Affairs Financial Services Center (VAFSC) uses a third-party contractor, Tungsten Network e- Invoice, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungsten-network.com/customer-campaigns/veterans-affairs-us/ to begin submitting electronic invoices, free of charge.

d. As of July 1, 2020, the VA10091 form has been eliminated and the VAFSC is requiring our vendors to update and add their information in the Customer Engagement Portal (CEP) at https://www.cep.fsc.va.gov/. This is for new vendors being added to FMS only.

e. For assistance setting up e-Invoice, the below information is provided:

i. * Tungsten Network e-Invoice Setup Information: 1-877-489-6135

* Tungsten Network e-Invoice email: VA.Registration@Tungsten- Network.com

* FSC e-Invoice Contact Information: 1-877-353-9791

* FSC e-invoice email: vafsccshd@va.gov

5. ACQUISITION OF COMMERCIAL ITEMS:

This Request for Quote (RFQ) solicitation is issued under the authority of FAR Part 13.5 Simplified Procedures for Certain Commercial Items in which simplified acquisition procedures in FAR Part 13 will be used. FAR Part 14 and 15 will not be used. From this RFQ, the Government intends to award a firm fixed price contract where the contractor provides a price that is not subject to any adjustment on the basis of the contractor’s cost experience in performing the contract.

6. RFQ QUESTIONS:

In order to maintain integrity of this solicitation and subsequent award date, all offerors are advised that any question and answer requests must be submitted in a written form via e-mail to the Contracting Officer MICHELE.TRUDELL@VA.GOV no later than FRIDAY, SEPTEMBER 3, AT 12:00 PM LOCAL TIME. Contracting will issue a consolidated response via solicitation amendment to https://beta.sam.gov Contract Opportunities within 2 business days to all parties.

*Please note, all quotes are due NLT 4:00 P.M. LOCAL Time September 8, 2021*

7. CONTRACTING OFFICER AUTHORITY:

The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitment or issue changes that will affect price, quantity or quality of performance of this contract. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred thereof.

8. IDENTIFICATION, PARKING, SMOKING AND VA REGULATIONS:

a. It is the responsibility of the Contractor to park in the appropriate designated parking areas. Information on parking is available from the VA Police Section.

The VA will not invalidate or make reimbursement for parking violations of the Contractor under any conditions.

b. All VA facilities are drug free.

c. All contractor personnel are required to adhere to all VA rules and regulations.

d. Smoking is prohibited on the entire campus, both inside and outside the VA Facility

e. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

f. VHA DIRECTIVE 1192: This Veterans Health Administration (VHA) directive establishes policy and provides guidance for the prevention of seasonal influenza in VHA facilities through the vaccination or masking of health care personnel (HCP). AUTHORITY: Title 38 United States Code (U.S.C.) 7301(b), 7318(b).

Contractor is responsible in ensuring that all aspects of this directive are implemented, including providing face masks and influenza vaccines for all employees working at a VA facility.

9. SECURITY & PRIVACY CONTROL:

The Authorization & Accreditation (A&A) requirements of VHA Handbook 6500.6 do not apply to this requirement, therefore, a Security Accreditation Package is not required. No A&A or MOU/ISA is required. Sensitive information exposure as part of this contract involves applicable security controls within the facility as part of the VA Information Security.

If there are any questions related to privacy, please have a member of your staff contact the VA Privacy Service at (202) 461-6309. If there are any questions related to the information security, please have a member of your staff contact the Office of Cyber Security at (304) 262-7733.

Check in/Visitor Passes:

A contractor ID badge will be issued by the VA Police which needs to be presented by contractor's employee at the VA entrance security check points. The issued badge is for official pickup and deliveries of surgical instruments and trays.

Contractor mobile unit(s) shall be registered with the Edward Hines Jr Veterans Hospital’s Police Department.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 ________________ ________________ 12.00 MO

Onsite Medical Instrument Repair and Sharpening Contract Period: Base POP Begin: 09-22-2021 POP End: 08-31-2022

0002 ________________ ________________ 1.00 EA

Annual cleaning of autoclaves Contract Period: Base POP Begin: 09-22-2021

POP End: 08-31-2022

1001 12.00 MO __________________ __________________

Onsite Medical Instrument Repair and Sharpening Contract Period: Option 1 POP Begin: 09-01-2022 POP End: 08-31-2023

1002 1.00 EA __________________ __________________

Annual cleaning of autoclaves Contract Period: Option 1 POP Begin: 09-01-2022 POP End: 08-31-2023

2001 12.00 MO __________________ __________________

Onsite Medical Instrument Repair and Sharpening Contract Period: Option 2 POP Begin: 09-01-2023 POP End: 08-31-2024

2002 1.00 EA __________________ __________________

Annual cleaning of autoclaves Contract Period: Option 2 POP Begin: 09-01-2023 POP End: 08-31-2024

3001 12.00 MO __________________ __________________

Onsite Medical Instrument Repair and Sharpening Contract Period: Option 3 POP Begin: 09-01-2024 POP End: 08-31-2025

3002 1.00 EA __________________ __________________

Annual cleaning of autoclaves Contract Period: Option 3 POP Begin: 09-01-2024 POP End: 08-31-2025

4001 12.00 MO __________________ __________________

Onsite Medical Instrument Repair and Sharpening Contract Period: Option 4 POP Begin: 09-01-2025 POP End: 08-31-2026

4002 1.00 EA __________________ __________________

Annual cleaning of autoclaves Contract Period: Option 4 POP Begin: 09-01-2025 POP End: 08-31-2026

GRAND TOTAL __________________

STATEMENT OF WORK (SOW)

1. Contract Title.

Instrument Sharpening, Repair and Sterilizer Cleaning

2. Background.

Surgical instruments need to be sharpened, maintained, and repaired for optimal performance.

Sterilizers are required to be cleaned annually. The contractor is required to repair, refurbish, and assess for replacement surgical instruments for use in Operating Room, Ambulatory Care, Clinic, and CBOC procedures and provide annual cleaning of the five sterilizers on site. The three large steam sterilizers are Steris brand, AMSCO Evolution models. The two smaller sterilizers are Steris brand, IUSS models. The five Hydrogen Peroxide sterilizers are Sterrad brand, models V- Promax, 100NX All Clear, 100NX and NX.

3. Scope.

75% of the repairs shall be completed on location at Edward Hines Jr Veteran Hospital, 5000 S.

5th Ave, Hines Il 60141 in a mobile repair vehicle. Instruments being repaired offsite at the contractor’s repair facility should be 25% or less.

Contractor shall provide services, 3 days per week, Wednesday, Thursday, and Friday. These service shall include, but are not limited to, sharpening, adjusting, aligning, straightening, refurbishing, calibrating, cleaning, extensive stain removal, polishing, lubricating, adjusting, resoldering, laser welding, chemical etching, and replacing missing or damaged parts and repair of older or obsolete instruments of various individual surgical instruments sets and operating room (OR) procedural instrument trays. Instruments shall be provided individually or as components of a specialty tray. All instruments shall be maintained in proper operating conditions as specified by the original manufacturer. Contractor shall also provide annual cleaning of the 10 pre-vacuum sterilizers.

All repairs shall follow all approved recommendations in regard to third party surgical instrument repair as set forth by the following:

o Food and Drug Administration (FDA) o Centers for Medicare/Medicaid Services (CMS) o Centers for Disease Control (CDC) o Association for the Advancement of Medical Instrumentation (AAMI), o International Association of Healthcare Central Service Materials Management

(IAHCSMM)

o Association of per-Operative Registered Nurses (AORN) o Association of Professionals in Infection Control (APIC) o Department of Veterans Affairs, Veterans Health Administration (VHA)

4. Specific Tasks

4.1 Sterilizer Service

Sterilizer cleaning shall be performed annually, for each device, following manufacturer’s guidelines.

The cleaning shall be performed on weekends or Federal Holidays, to avoid disruption in SPS and surgical case workflow. This service is to be staggered throughout the year. The three large steam sterilizers are Steris brand, AMSCO Evolution model. The two smaller sterilizers are Steris brand, IUSS model. The five Hydrogen Peroxide sterilizers are Sterrad brand, models V- Promax, 100NX All Clear, 100NX and NX. The times and machines to be cleaned shall be coordinated between the COR (or SPS Leadership designee) and the contractor. In the case of equipment failures of other sterilizers in the SPS or the OR departments, the cleaning service would need to be rescheduled; workflow disruption should be avoided if possible. The contractor shall be responsible for providing all necessary chemicals and equipment for this process. Any water hoses available in the area may be used by the contractor. Contractor shall provide documentation that cleaning was performed, per manufacturer’s guidelines.

a) All sterilizer cleaning shall be performed outside of normal business hours of coverage, Monday through Friday from 6:00am to 4:00pm local time, to include Federal Holidays as listed below:

New Year's Day

Birthday of Martin Luther King, Jr.

Washington’s Birthday

Memorial Day

Independence Day

Labor Day

Columbus Day

Thanksgiving Day

Christmas Day

Veterans Day

Juneteenth Independence Day

4.2 Instrument Service

Instruments shall be retrieved from and delivered to the Hines Sterile Processing Service (SPS) located in Edward Hines Jr Veteran Hospital, 5000 S. 5th Ave, Hines Il 60141.

a) All instrument sharpening and repair work shall be performed during normal business hours of coverage, Monday through Friday from 6:00am to 4:00pm local time, except Federal Holidays as listed below:

New Year's Day

Birthday of Martin Luther King, Jr.

Washington’s Birthday

Memorial Day

Independence Day

Labor Day

Columbus Day

Thanksgiving Day

Christmas Day

Veterans Day

Juneteenth Independence Day

b) A physical inventory count of all instruments and trays, shall be performed within 30 days of start of the contract and every year after, for the length of the contract.

c) The Contractor's employee(s) shall report to the Sterile Processing Service (SPS) upon arrival at the Edward Hines Jr Veteran Hospital for the pickup and return of instruments. If instruments cannot be repaired, they must be marked or tagged and returned to SPS. If an instrument needs to be sent out for third party repairs by the contractor, authorization must be obtained from SPS.

d) The repair contractor shall provide multiple levels of repair service including, same-day turn-around, 24-hour turn-around, mail-in repair service, and onsite repair. SPS will schedule this to stay within the scheduled 3 days per week visit. All Urgent instrument repairs shall have a 48-hour turnaround time. All Emergency Instrument Repairs shall have a 24-hour turnaround time. Urgent and Emergency status shall be determined by the using service and/or SPS. A loaner service for all power instruments, if the power instrument is to be removed from the facility for maintenance or repair, would be desirable.

e) The contractor shall be required to test instruments for accurate alignment, sharpness, insulation, and calibration. The contractor shall return instruments in, as good as new condition. All instruments shall be repaired and maintained in proper operating conditions as specified by the original manufacturer

f) New, original manufactured instruments and parts shall be used.

g) Repairs, maintenance, and testing of surgical instruments, laparoscopic instruments, pneumatic instruments, electric/battery (cordless) instruments, fiber optic light cables/cords, rigid and flexible endoscopes, video equipment and cameras may be required. Repairs and maintenance on surgical instrument containers, push carts, and case carts may also be required. A comprehensive list is included below. Instruments to be serviced include, to:

a. General Instruments

b. Open Heart

c. PV

d. Neuro

e. Ortho

f. Plastics

g. Gynecology

h. Outpatient/Ambulatory Care

i. Transplant

j. Podiatry

k. Otolaryngology (ENT)

l. Urology/GU

m. Audiology/Speech

n. Micro

o. Arthroscopic

p. Laparascopic

q. Endoscopic (rigid and flexible)

r. Ophthalmic

s. Needle Holder Insert Replacement

t. MIS Instrument Repair

u. Flexible Biopsy Forceps Repair

v. Power Equipment Repair

w. Phaco Ultrasonic Emulsifier Repair

x. Fiber Optic Light Cable & Adapter Repair

y. InsulScan Insulation Testing System

z. On-location Laparoscopic Rebuilds and Repairs

aa. Endoscope Leak Testers function testing

bb. Replacement Biopsy Forceps and Endoscopic Accessories

cc. Ultrasound Transducer Repair

dd. Chemical etch

ee. Video Equipment (video cameras, camera control units, endocouplers, light sources, printers, beansplitters, video processors, and video pigtail cables)

ff. Case cart, push cart, table and IV pole repair services

gg. Dental

hh. Saws

ii. Rigid containers

h) Suction tubes (Poole, Adson, Frazier Baron, and Yankauer) shall be inspected, and interior lumen flushed and inspected.

i) Provide repair service, and validate repairs, for Aesculap Sterile Containers and Sterile S Containers, baskets, and filters

j) Specific custom-made instruments shall be repaired in coordination with operating room surgeons (end user) specifications.

k) Instruments shall not be altered, changed or tampered with and shall be repaired following manufacturers' original design specifications.

l) All instruments that can be disassembled shall be disassembled for maintenance and repair.

They shall be sharpened and aligned in accordance with the manufacturer's original specifications. Any bio burden found once disassembled, should be photographed and submitted as part of the service documentation for that visit.

m) Instruments shall be stain-free with a finish that complies with the manufacturer's specifications. All instruments must be in working order after any chemical exposure.

The contractor shall be responsible for returning within 24 hours to fix any instruments found not to be in working order after the use of chemicals.

n) Chemical date etching shall be provided on each instrument for warranty tracking purposes. It is understood some instrument materials cannot be etched; these dates should be documented in the visit report. These etches should not interfere with instrument tracking barcodes. The manufacturer's part numbers and catalog numbers shall be preserved on all repaired or refurbished instruments, as well.

o) Instruments that cannot be repaired or refurbished due to cracking, pitting, corrosion, or exceeding life expectancy shall be tagged or marked for removal and/or replacement.

Information should include the reason for removal, and which instrument set the instrument was removed from.

p) The repair contractor shall not repair any surgical instruments that are on the “DO NOT USE” list. These instruments shall be pulled from service. The list shall be provided to the contractor at the initial visit, and new copies shall be provided as the list is updated.

q) Sterilization guidelines shall be provided for any labels and/or stickers placed on sterilization containers. The label used must be validated for the type of sterilization required for that instrument set (Steam, H2O2, and PA).

r) Free shipping containers and materials shall be provided for offsite repairs

s) Pre-paid shipping labels and transportation insurance shall be provided for offsite repairs

t) Case cart, push cart, table and IV pole repair services shall be available, including, caster replacement, custom fabricating, molding replacement, realign doors, repair latch assemblies, replace hinge pins, replace washer/sterilizer racks, reweld door hinges, racks and shelf brackets, wheel replacement, hinge replacement, bumper replacement, and rust removal. The contractor shall remove from the facility all excess materials, trash, debris, and barriers generated as a result of their services.

5. Reporting/Documentation

a) All documentation shall be provided on contractor letterhead.

b) The repair contractor, with the input of the clinical and SPS staff, shall implement a Surgical Instrument Quality Assurance Program (SIQAP) whereas instrument sets shall be repaired, documented, and monitored by surgical service and specialty. The contractor shall work with SPS to create maintenance schedules for instrument trays and input the information into the Censitrac Instrument Tracking Program on a regular basis.

c) The contractor shall provide a written or emailed summary of all items removed from service and the instrument tray name and number from which it was removed within one (1) business day. This will include a picture and a written document which will also state when the instrument will be returned.

d) While instruments are in the contractor’s possession, the contractor shall take full responsibility and accountability for all instruments removed from the VA facility.

Contractor shall provide an inventory of instruments and instrument sets removed from and returned to the facility that are to be serviced or repaired.

e) The contractor shall provide a summary document upon delivery of processed instruments containing the following information: date of repair, instrument tray, instrument type, and type of repair.

f) Items that have been repaired for the last time before replacement is needed should be reported after every visit. Additionally, any instrument nearing the end of useful life shall be noted for replacement prior to being removed so that the service can replace the instrument prior to removal. Included in this replacement & end of useful life report shall include the instrument name, catalog number, instrument set it is being removed from and a brief description as to why it is near its end of useful life.

g) The contractor shall contact the Edward Hines Jr VA Hospital SPS Office to review all instruments that require offsite repair and the instrument tray name and number from which it was removed. Edward Hines Jr VA Hospital SPS Office must provide written approval prior to removal of any and all instruments that require offsite repair.

h) The repair contractor shall provide education regarding instrument repairs, instrument care and handling, instrument testing, instrument processing, power equipment repairs, laparoscopic continuity testing, and endoscopy instrument repairs. An electronic presentation that details issues, problems, bioburden, etc., should be provided after every visit.

6. Directives:

Contractor shall provide In-service education to SPS staff on issues such as cleaning, care and handling.

Contractor shall provide a yearly SPS Management Seminar, to be scheduled by the SPS Chief, within 90 days of award and within 90 days of each the start of each option year renewal. This seminar shall include,

a) Discussion of repair issues and proper care and handling of instruments

b) Discussion of programs to enhance management and administrative effectiveness.

7. Qualifications

a) 1S013485 (medical device) certification shall be held by the repair contractor.

b) Employees of the repair contractor responsible for repairing surgical instruments shall be ASQ (American Society for Quality) certified and receive CQI (Certified Quality Inspector) training.

c) The repair contractor shall provide enough technicians for onsite service to be completed in one business day.

d) Instrument repairs completed onsite at the Edward Hines Jr Veterans Hospital in a mobile repair lab/vehicle shall be repaired in a vehicle that is clearly labeled with the contractor's name and permit numbers. The mobile repair vehicle should be self- sustained with electrical power, air compressor, tools, etc. Safety cones must be utilized around the perimeter of the mobile repair vehicle to ensure the safety of hospital and contractor staff. The vehicle must be parked in the loading dock in a pre-determined area to be determined at the time of arrival by the warehouse staff.

e) Contracting Officer's Representative (COR) and SSL Program Manager shall designate appropriate VA personnel to monitor contractor employee work hours/services through one or a combination of the following mechanisms: Overall Performance, Appearance of instruments, Function of Instruments, Provide technically skilled personal.

f) The VA personnel designee jointly with the Chief, Sterile Processing Service (SPS) shall monitor Contractor instrument pick-up and drop-off. This shall be accomplished by the contractor's employee(s) reporting to SPS upon arrival at the facility, and again before departure.

g) On-line access to account should be made available to SPS and SSL Admin.

h) The contractor shall provide itemized repair service invoices. All correspondence invoices shall include the current contract number. Billings shall be made in compliance with OB10 requirements. All repairs shall be completed according with all terms within this Statement of Work.

i) In addition to the per visit requirements listed above, a quarterly repair report, business review, and Surgical Instrument Quality Assurance Program (SIQAP) update shall be provided to the COR, and Chief of SPS.

j) The Contractor shall provide validation letters certifying contractor’s competency of all representatives performing service. Letters are to be provided upon quote submittal and to be provided to Chief, within one week for all new representatives that are sent to perform repair, sharpening and educational services. All validation letters are to also be resubmitted annually within 30 days of Option Year renewal or upon request.

Period of Performance.

This contract is required for a base period of 12 months with 4 one- year options.

36C25221Q1032

SECTION C - CONTRACT CLAUSES

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

ITEMS (OCT 2018)

(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 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 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts;

18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

(End of Clause)

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

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):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

FAR

Number

Title Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

JUN 2020

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON

POSTCONSUMER FIBER CONTENT PAPER

MAY 2011

52.204-9 PERSONAL IDENTITIY VERIFICATION OF CONTRACTOR

PERSONNEL

JAN 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.228-5 INSURANCE—WORK ON A GOVERNMENT

INSTALLATION

JAN 1997

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

DEC 2013

852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

MAY 2020

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days.

(End of Clause)

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR

2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause)

C.5 52.222-49 SERVICE CONTRACT LABOR STANDARDS—PLACE OF

PERFORMANCE UNKNOWN (MAY 2014)

(a) This contract is subject to the Service Contract Labor Standards statute, and the place of performance was unknown when the solicitation was issued. In addition to places or areas identified in wage determinations, if any, attached to the solicitation, wage determinations have also been requested for the following: NONE. The Contracting Officer will request wage determinations for additional places or areas of performance if asked to do so in writing by .

(b) Offerors who intend to perform in a place or area of performance for which a wage determination has not been attached or requested may nevertheless submit bids or proposals. However, a wage determination shall be requested and incorporated in the resultant contract retroactive to the date of contract award, and there shall be no adjustment in the contract price.

C.5 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause)

C.6 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions…