S02 - 36C25625Q0611 Final.pdf

PAGE 1 OF 1. REQUISITION NO.

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

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

TIME

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

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

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

502-25-1-125-0002

36C25625Q0611 03-12-2025

T Miller 713-791-1414 x229073 03-20-2025

2:30 PM CDT

Department of Veterans Affairs

Network Contracting Office 16

5075 Westheimer Road, Suite 750

T Miller

Houston TX 77056-5643

X

811210

$34 Million

N/A

X

Department of Veterans Affairs

Alexandria VA Health Care System

CC: Malonda Frison

2495 Shreveport Hwy 71

Pineville LA 71360

Department of Veterans Affairs

Network Contracting Office 16

5075 Westheimer Road, Suite 750

Houston TX 77056-5643

FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp

Invoice Setup Information 1-877-489-6135

Invoice must be submitted electronically

See CONTINUATION Page

Contractor to perform instrument sharpening, preventive maintenance and repair services in complete and strict accordance with the Performance Work Statement (PWS) and all attachments.

Solicitation responses due NLT 03/20/2025 by 2:30 PM

Job POC: Malonda Frison, Malonda.Frison@va.gov, 318-466-2188

All Offerors must be registered at SAM.gov at the time of solicitation response and award.

See CONTINUATION Page

X 1

36C25625Q0611

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

B.3 DELIVERY SCHEDULE

B.4 PERFORMANCE WORK STATEMENT

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)

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

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 24

C.5 SUPPLEMENTAL INSURANCE REQUIREMENTS

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

2018)

C.7 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 26

C.8 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

C.9 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.10 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023) ... 27

C.11 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-

OWNED SMALL BUSINESS EVALUATION FACTORS (JAN 2023) (DEVIATION)

C.12 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)

C.13 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JAN 2025)

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 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS -COMMERCIAL

ITEMS

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

1998)

E.4 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)

E.5 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.6 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.7 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.8 VAAR 852.215-72 NOTICE OF INTENT TO RE-SOLICIT (OCT 2019)

E.9 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

E.10 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.11 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND

COMMERCIALSERVICES (NOV 2021)

E.12 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

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: Company:

Name:

Phone:

Email:

b. GOVERNMENT:

TIN:

SAM:

Contracting Officer 36C256 Ricky Weaver ricky.weaver2@va.gov Department of Veterans Affairs Network Contracting Office 16 Galleria Financial Center 5075 Westheimer Road, Suite 750 Houston, Tx, 77056-5643

Contract Specialist 36C256 T. Miller t.miller@va.gov Department of Veterans Affairs Network Contracting Office 16 Galleria Financial Center 5075 Westheimer Road, Suite 750 Houston, Tx, 77056-5643

Job POC:

Department Of Veterans Affairs Alexandria VA HealthCare System Malonda Frison Malonda.Frison@va.gov Phone: 318-466-2188 Address: 2495 Shreveport Hwy 71, Pineville, LA, 71360

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:

mailto:ricky.weaver@va.gov mailto:t.miller@va.gov mailto:Malonda.Frison@va.gov

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly: Payment for services provided under the terms of this order will be paid monthly, in arrears, upon receipt of a properly executed invoice. Invoices shall be submitted within ten (10) days after performance and acceptance of the services and must include VA Contract number ____________, and Purchase Order Number ___________ and a detailed description of services provided.

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

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

12.00

MO

Contractor shall provide sharpening, adjusting, aligning, straightening refurbishing, calibrating, cleaning, stain removal, polishing, lubricating, adjusting, replacing, parts, of various individual surgical instruments sets, and operating room procedural instrument trays.

In accordance with the Performance Work Statement (PWS).

Contract Period: Base POP Begin: 04-01-2025 POP End: 03-31-2026

PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies refurbishing, calibrating, cleaning, stain removal, polishing, lubricating, adjusting, replacing, parts, of various individual surgical instruments sets, and operating room procedural instrument trays.

In accordance with the Performance Work Statement (PWS).

Contract Period: Base POP Begin: 04-01-2026 POP End: 03-31-2027

PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and

2001 12.00 MO __________________ __________________

Contractor shall provide sharpening, adjusting, aligning, straightening refurbishing, calibrating, cleaning, stain removal, polishing, lubricating, adjusting, replacing, parts, of various individual surgical instruments sets, and operating room procedural instrument trays.

In accordance with the Performance Work Statement (PWS).

Contract Period: Option 2 POP Begin: 04-01-2027 POP End: 03-31-2028

PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and refurbishing, calibrating, cleaning, stain removal, polishing, lubricating, adjusting, replacing, parts, of various individual surgical instruments sets, and operating room procedural instrument trays.

In accordance with the Performance Work Statement (PWS).

Contract Period: Option 3 POP Begin: 04-01-2028 POP End: 03-31-2029

PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and refurbishing, calibrating, cleaning, stain removal, polishing, lubricating, adjusting, replacing, parts, of various individual surgical instruments sets, and operating room procedural instrument trays.

In accordance with the Performance Work Statement (PWS).

Contract Period: Option 4 POP Begin: 04-01-2029

POP End: 03-31-2030 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and

GRAND TOTAL

B.3 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

0001 -

SHIP TO: Department of Veteran Affairs Malonda Frison 2495 Shreveport Hwy 71 Pineville, LA 71360

USA

12.00 See CLINS

MARK FOR: Malonda Frison 318-466-2188 Malonda.Frison@va.gov

FOB: DESTINATION

B.4 PERFORMANCE WORK STATEMENT

Surgical Instruments Sharpening, Repair, Testing, and Inspection

A. Contracting Officer’s Representative (COR).

Name: Malonda Frison

Section: Sterile Processing Service

Address: 2495 Shreveport Hwy 71, Pineville, LA 71360

Phone Number: 318-466-2188

Fax Number: 318-483-5120

E-Mail Address: Malonda.Frison@va.gov

B. Background.

1. The Alexandria VA Health Care System, Pineville, LA is currently seeking a vendor to provide services for sharpening, repair, test, inspect, and assessment of surgical instruments used in the operating rooms and in clinical procedures. Surgical instruments need to be sharpened and maintained for optimal performance.

C. Scope

1. Contractor shall provide all necessary on-site labor, materials, supervision, test equipment, replacement parts, travel, and transportation to provide services that include, but are not limited to, sharpening, adjusting, aligning, straightening, refurbishing, calibrating, cleaning, extensive stain removal, polishing, lubricating, adjusting, chemical etching, and replacing parts of various individual surgical instruments sets and operating room (OR) procedural instrument trays for government owned items listed in Appendix A-

Equipment List.

2. 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 and in compliance with American National Standards Institute

(ANSl)-Association for the Advancement of Medical Instrumentation (AAMI) - (ANSI-

AAMI ST-79 part 7.7).

3. Instruments are to be retrieved from and delivered to the Sterile Processing Service (SPS), located at the Alexandria VA Medical Center, Sterile Processing-Department, 2495

Shreveport Hwy 71, Pineville, Louisiana 71360.

4. All repairs shall follow all approved recommendations regarding third party surgical instrument repair as set forth by the following:

a) Food and Drug Administration (FDA)

b) Centers for Medicare/Medicaid Services (CMS)

c) Centers for Disease Control (CDC)

d) Association for the Advancement of Medical Instrumentation (AAMI),

e) International Association of Healthcare Central Service Materials

Management(IAHCSMM)

f) Association of per-Operative Registered Nurses (AORN)

g) Association of Professionals in Infection Control (APIC)

h) Department of Veterans Affairs, Veterans Health Administration (VHA) Directives

D. Specific Tasks

1. Instruments are to be retrieved from and delivered to the Sterile Processing Service

(SPS) located Sterile Processing- Department located at 2495 Shreveport Hwy 71, Pineville, Louisiana 71360.

2. The Contractor's employee(s) shall report to the Sterile Processing· Service

(SPS) upon arrival at the Alexandria VAMC for the pickup and return of instruments.

3. If instruments cannot be repaired, they must be marked or tagged with set name, number, and returned to SPS.

4. The repair contractor shall provide multiple levels of repair service including, but not limited to, same-day turn-around, 24-hour turn-around, weekend service, mail-in repair service, and onsite repair service.

5. All urgent instrument repairs shall have a 48-hour turnaround time.

6. 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.

7. Instrument sets and trays must be returned throughout the day when work is completed, not all at the end of a workday.

8. If instruments need to be sent out for third party repairs by the contractor, authorization must be obtained from the Contracting Officer Representative (COR) and/or SPS Chief.

9. Surgical instrument maintenance and repair shall be handled with care. The contractor shall be required to test instruments for accurate alignment, sharpness, insulation, and calibration. The contractor shall return instruments in new like condition. All instruments shall be repaired and maintained in proper operating conditions as specified by the original manufacturer.

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

b) The contractor shall not use Gray Market items for any work associated with this service. Instrument repairs shall be completed onsite at the Alexandria VA

Medical Center in a mobile repair lab/vehicle that is self-sustained with electrical power, air compressor, tools, etc., or within the hospital in a designated space.

c) The manufacturer's part number and catalog number shall be preserved on all repaired or refurbished instruments. All single instrument and surgical trays picked up/delivered by the contractor shall be properly listed for accountability verification.

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

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

f) All instruments that can be disassembled shall be disassembled for maintenance and repair. They shall also 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.

g) Instruments shall undergo appropriate extensive cleaning, and processes to result in a stain-free finish that complies with the manufacture's specifications. All instruments must be in working order after any chemicals that may be used on them. The contractor shall be responsible for returning within 24 hours to fix any instruments found to be in non-working order after the use of chemicals.

h) Any 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. If that is not possible, the information should be chemically etched on to a different part of the instrument (i.e.- shaft or main component of the instrument).

i) 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. A list of all items removed from service should be provided after each visit.

j) The contractor shall not repair any surgical instruments that are on the "DO NOT

USE" list. These instruments should 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.

k) No labels and/or stickers should be placed on instruments and/or sterilization containers. Only chemical etching is allowed. Any tape found on instruments needing service should be removed.

l) Shipping containers and materials shall be provided for offsite repairs and are to be included in the overall price of the visit.

m) Pre-paid shipping labels and transportation insurance shall be provided for offsite repairs. Contractor shall be responsible for return shipping costs as well.

n) Case cart and push-cart repair services should be available, including, but not limited to, wheel replacement, hinge replacement, bumper replacement, and rust removal.

o) The contractor shall remove from the facility all excess materials, trash, debris, and barriers generated as a result of their services.

E. Reporting/Documentation

1. All documentation should be completed within the VA SPS Facility’s Instrument tracking system. The contractor is responsible for identifying which instruments need to be pulled for sharpening and completing records within the instrument tracking system to monitor maintenance of each set.

2. Instruments are to be handled with care to avoid further damage. While instruments are in the contractor's possession, the contractor 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.

3. The contractor shall provide a summary document upon delivery of processed instruments containing information showing date of repair, instrument tray, instrument type, type of repair, and cost.

4. 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.

5. The contractor shall contact the Alexandria VAMC SPS Office to review all instruments that require offsite repair and the instrument tray name and number from which it was removed.

Alexandria VAMC SPS Department must provide written approval prior to removal of any and all instruments that require offsite repair.

6. Items that have been repaired for the last time before replacement is needed shall 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.

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

8. Repaired instruments returned to SPS will be on a detailed list document provided by the contractor containing the following information: date of repair, instrument type, type of repair, and cost.

F. Requirements

1. Repairs shall be completed either on location at the Alexandria VAMC located at 2495

Shreveport Hwy 71, Pineville, Louisiana 71360 in a mobile repair vehicle, or offsite at the contractor's repair facility.

2. IS09001 and IS013485 (medical device) certifications must be obtained by the repair contractor.

3. Employees of the contractor responsible for repairing surgical instruments must be ASQ (American Society for Quality) certification and receive CQI (Certified Quality Inspector) training.

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

5. Individual instrument repairs conducted on-site shall be performed Monday through Friday between the hours of 8:00am-4:00pm, central station time (CST) excluding weekends and federal holidays (New Year's Day, Martin Luther King Jr's Birthday, Washington's

Birthday, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Christmas Day).

6. In the event of inclement weather, natural disaster, or other unforeseen circumstances preventing a scheduled on-site repair visit, the contractor shall notify the SPS Chief or COR. Dates available for re-scheduling the scheduled on-site service shall be provided to the SPS Chief and COR within 3 business days of the originally scheduled on-site visit.

7. Instrument repairs completed onsite at in a mobile repair lab/vehicle must 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 a pre-determined area, to be determined by the Warehouse.

8. Services are to be completed once monthly with five additional optional visits as may be necessary at the discretion of the Sterile Processing Department Chief.

9. Visits should be 2 days with a 3rd if necessary, per month. Any repairs outside the scope of this contract require a Purchase Order prior to performing any additional work.

10. Continued instrument repairs quality improvement monitoring and turnaround time as well as contract compliance shall be progressively jointly monitored by Sterile Processing

Service (SPS) Chief/or Supervisor.

11. Sterile Processing Chief 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.

12. The COR 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.

13. On-line access to account should be made available to SPS.

a) The contracting Officer's Representative (COR) jointly with the Chief, Sterile

Processing Service shall be responsible for verifying contract compliance. Any incidents of Contractor noncompliance as evidenced by the monitoring procedures shall be forwarded immediately to the Contracting Officer by the COR.

14. Documentation of services performed shall be reviewed by the COR jointly with Chief of

Sterile Process Service prior to certifying payment. Both shall perform periodic documents checks with the using service to ensure records monitoring. VA shall pay only for services actually performed at VA and at the contractor's location, and in strict accordance with the schedule of prices/costs shown in the schedule of items.

Contract monitoring and recordkeeping procedures shall be sufficient to ensure proper payment and allow audit verification that services were provided.

G. Period of Performance:

1. Base plus four (4) year option year.

H. Security and General Requirements

1. Contractor shall be required to complete a security clearance with the VA Police.

2. Upon arrival report to Building 7 and check in with Sterile Processing (SPS). A member with SPS will accompany contractor to the police station for badging.

3. A contractor ID badge shall 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.

4. Contractor mobile unit(s) shall be registered with the Alexandria VAMC Police Department and Security Department.

5. ISO Requirements: Equipment does not require Network Access or Sensitive Material.

I. Appendix A- Equipment List.

Sharpening

Instruments and Repair.pdf

End of Performance Work Statement (PWS)

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

52.228-5 INSURANCE—WORK ON A GOVERNMENT

INSTALLATION

JAN 1997

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 calendar 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 calendar days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 calendar 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 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 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT

REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

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

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

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

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

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

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a

Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

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

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

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

Standards Institute (ANSI).

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

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting

Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office.

Submission of payment requests by mail may be required for—

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

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

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

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

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

(End of Clause)

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

2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer

(ACO) for the purpose of performing certain tasks/duties in the administration of the contract.

Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of Clause)

C.8 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC

2022)

The Contracting Officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee’s authority. A copy of the designation letter shall be furnished to the Contractor.

(End of Clause)

C.9 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of

Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

C.10 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB

2023)

(a) No used, refurbished, or remanufactured supplies or equipment/parts shall be provided.

This procurement is for new Original Equipment Manufacturer (OEM) items only. No gray market items shall be provided. Gray market items are OEM goods intentionally or unintentionally sold outside an authorized sales territory or sold by non-authorized dealers in an authorized sales territory.

(b) No counterfeit supplies or equipment/ parts shall be provided. Counterfeit items include unlawful or unauthorized reproductions, substitutions, or alterations that have been mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified item from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitutions include used items represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics.

(c) Vendor shall be an OEM, authorized dealer, authorized distributor, or authorized reseller for the proposed equipment/system, verified by an authorization letter or other documents from the

OEM. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions.

(End of Clause)

C.11 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND

VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (JAN 2023)

(DEVIATION)

(a) In an effort to achieve socioeconomic small business goals, VA shall evaluate offerors based on their service-disabled veteran-owned or veteran-owned small business certification status and their proposed use of eligible certified service-disabled veteran-owned small businesses (SDVOSBs) and certified veteran-owned small businesses (VOSBs) as…