S02 - 36C25821Q0116.docx

36C25821Q0116

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

05-10-2021 Eric Carroll (602)795-4524 05-24-2021

1PM

MDT

Department of Veterans Affairs NCO22-Gilbert Network Contracting 777 E. Missouri, Suite 300 Phoenix AZ 85014

X

511210 $41.5 Million

N/A

Phoenix VA Healthcare System

NCO22-Gilbert Network Contracting

This is accomplished through the Tungsten Network located at:

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

See CONTINUATION Page This requirement is for a subscription to a Bayesian- Guided Medication Dosing software from a contractor that can provide licensing rights. This subscription is to ensure clinicians have access to a reliable therapeutic drug dosin and monitoring tool for complex situations that require careful drug therapy evaluation and adjustment in a systematic and efficient manner. The software will include important pharmacokinetic parameters and empiric and patient -specific dosing recommendations; allow for graphical prediction and projection of theoretical doses at any drug dosing interval in order to optimize and achieve therapeutic drug levels; provide local storage of data and references for primary literature of clinicals models used; and lastly, be highly customizable and HIPAA-compliant.

See CONTINUATION Page

James J. Moran Contracting Officer

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C258

NCO22-Gilbert Network Contracting 777 E. Missouri, Suite 300 Phoenix AZ 85014

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

3. INVOICES: Invoices shall be submitted in arrears:

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

This is accomplished through the Tungsten Network located at:

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

36C25821Q0116

Page 1 of Page 1 of

B.2 STATEMENT OF WORK

Electronic Drug Reference Subscription

Introduction and Overview This statement of work is for a subscription to a Bayesian-guided medication dosing software, from a contractor that can provide licensing rights. This subscription is to ensure clinicians have access to a reliable therapeutic drug dosing and monitoring tool for complex clinical situations that require careful drug therapy evaluation and adjustment in a systematic and efficient manner. The software will include important pharmacokinetic parameters and empiric and patient-specific dosing recommendations; allow for graphical prediction and projection of theoretical doses at any drug dosing interval in order to optimize and achieve therapeutic drug levels; provide local storage of data and references for primary literature of clinicals models used; and lastly, be highly customizable and HIPAA-compliant.

Scope of Work

a. The contractor shall provide uninterrupted licensing and subscription services to a Bayesian-guided medication dosing software as stated herein for clinical staff at facilities, virtual hubs, call centers, and offices in the VA Desert Pacific Healthcare Network (VISN 22), which include:

Phoenix VA Health Care System New Mexico VA Health Care System Northern Arizona VA Health Care System Southern Arizona VA Health Care System VA Greater Los Angeles Health Care System VA Loma Linda Health Care System VA Long Beach Health Care System VA San Diego Health Care System

Requirements

a. License rights to a web-based pharmacokinetics medication dosing software program to allow for Bayesian-guided medication dosing and monitoring tool that will provide both empiric and patient specific dosing recommendations and monitoring parameters including, but not limited to: drug specific factors, projection of drug doses, dosing intervals, drug monitoring, therapeutic ranges, toxicity levels, population-based and individualized pharmacokinetic parameters, while taking into consideration patient specific data points. Software program also to include data storage capability searchable by patient name, patient identification, drug name, and date.

b. Web-based program that can be found from any web browser with an internet connection.

c. Capability option for potential integration into the Cerner electronic health record (EHR) when implemented in the future. Capability to generate simple text report with patient-specific calculated kinetic parameters, recommended dosing regimen, projected PK/PD outcomes (e.g. peak, trough, AUC, etc.) that can be copied and pasted from CPRS/VistA into EHR for documentation.

d. Provide input data storage capability with database searchable by patient name, patient identification, drug name, or date.

e. Unlimited and simultaneous user access must be available online 24 hours a day 7 days a week via web from any government owned equipment (authenticated by IP address) as well as remote access for virtual employees such as those in telehealth centers, virtual clinical hubs, and call centers.

f. Perform routine incorporation, update, and validation of Veteran specific kinetic models database weekly at minimum, however daily is preferred.

g. Provide capable de-identify patient data base for VA population

h. Software to include additional drug specific factors that may influence the patient’s pharmacokinetic profile or dosing regimen such as amputation, obesity, pregnancy, critically ill, burn patient, hematology/oncology patient, spinal cord injury, cystic fibrosis, significant drug-drug interactions, and drug-disease state interactions.

i. Software to include the option to incorporate patient specific data points age, gender, weight, height, renal function, dosage history, drug serum concentrations, dialysis history, and previous vancomycin history.

j. Software to display population pharmacokinetic parameters details such as clearance, volume of distribution, half-life, etc.

k. Drug monitoring to include serum level graphs with options to display population data, individual/patient specific data, therapeutic range, toxicity and serum levels.

l. Include ability to specify therapeutic targets (AUC, trough, peak) and receive recommended dose and interval based on selected target.

m. Ability to propose recommended dosing regimens with and without patient serum drug levels, with ability to incorporate non-steady state and irregular situations.

n. Software to provide warning to user if there is detection of a potentially toxic dose, serum level, or if outside recommended AUC range.

o. Software to have option for inter-site sharing of patient case data including drug dosing and monitoring information

p. Access to all drug kinetics offered within the software and any new drug kinetics added in the future.

q. Software to include Veteran population kinetic model using data based on the VA's specific population; model should be updated quarterly at a minimum;

r. Reports and data analytics to be made available to users quarterly for users to access, download and/or print.

s. Ability to generate patient specific and population reports that are customizable by the user. Patient specific and population reports should be customizable by the user and exportable to either Microsoft Excel spreadsheet, Microsoft Word, and/or Adobe Acrobat PDF format, to include any or all of the following at a minimum:

a. Patient identifier

b. Demographics (age, sex, height, weight, BMI)

c. Serum Level Graph

d. Dosage History (Drug name, dose, indication)

e. Drug serum Level History

f. Serum creatine (Scr), eGFR History

g. Kinetic parameters population and patient-specific such as: volume of distribution (Vd), half-life, elimination constant (k), etc.

h. Dialysis History

i. Dosage Regimen Prediction (peak, trough, AUC)

j. Serum Concentration Prediction (peak, trough, AUC)

k. Therapeutic Targets (peak, trough, AUC)

Tasks and Associated Deliverables

a. All written deliverables shall be phrased in layperson language. Statistical and other technical terminology may be used as long as a glossary of terms is provided within the software, along with being provided an electronic copy, such as a PDF document or an email, or a hard copy as requested by the user.

1. Development of a veteran-specific pharmacokinetic (PK) model for any medication used at some prespecified frequency (should include vancomycin and other drugs used at a high frequency)

i. To be initiated within 12 weeks after completion of training at all VISN sites and ready for use by 6 months if there is enough patient data to appropriately validate the program for use.

ii. Quarterly updates to model for increasing accuracy as data pool expands with use of software

iii. Includes development of PK models for subgroups common within the veteran population that are likely to have altered PK parameters, including hemodialysis, spinal cord injury, etc.

2. Ability to retrieve previous data based on a specific tag (e.g. obesity, amputation, etc.)

3. Quarterly report

i. Outliers for data points of interest (peak, trough, AUC)

ii. Recommendations based on population PK parameters that were significantly different from individual PK

iii. Concordance between population PK models used and individualized PK, including which models were most frequently predictive

b. The contractor shall provide uninterrupted licensing and subscription services 24 hours per day, 7 days per week.

c. The contractor shall provide product training, online tutorials, and promotional material.

1. Training (in-person or virtual) by a person with a clinical background who would be able to address clinical questions and concerns when applying the program to patient care to be offered to all new user and current users who request additional training.

2. Training may occur individually or in groups and may occur virtually by a person with a clinical background, through online tutorials, or other training tools from the contractor.

3. Additional materials on use of the program (video, written guides) to be made available during the initial training and thereafter as available by the contractor.

4. If training by a person is requested, training dates and time should be offered to staff within a reasonable time period of request, ideally within 30 days. Contractor to offer multiple training dates/times to accommodate staff schedules.

5. The number of users trained will depend on the individual facility and those that will be utilizing the software.

6. Refresher training should not be necessary. The users should be alerted by software (or other mechanism) when updates have been made and clearly note the details of the updates.

d. Contractor shall provide technical support numbers. Customer service shall be available to provide unlimited technical support 24 hours a day, 7 days a week to troubleshoot website/connectivity issues. The contractor is expected to troubleshoot access as needed.

e. The contractor shall have the ability to provide usage statistics on a quarterly basis to at least one designated person at each site. The format of the usage statistics is provided either via email or contractor provided login. The VA may request the contractor to include additional data points during the period of performance of the contract. Data points that may be provided as part of the usage statistics with additional information that may be requested as the program develops include, but are not limited to:

1. Overall frequency of software program use

2. Frequency of use per patient

3. Frequency of use per drug

4. Frequency of supra/subtherapeutic levels (including data on out-of-range levels based on dosing regimen predicted to yield in-range levels, if possible)

5. Frequency of use of specific PK models, e.g. obesity, hemodialysis, amputation, veteran-specific, etc.

f. Contractor to provide electronic copy of clinical or technical manual available for distribution within each individual site. Additional copies of clinical or technical manuals available from the company may be requested by users.

Schedule for Deliverables If for any reason any deliverable cannot be delivered within the scheduled time frame, the contractor is required to explain why in writing to the CO, including a firm commitment of when the work shall be completed. This notice to the CO shall cite the reasons for the delay, and the impact on the overall project. The CO will then review the facts and issue a response, in accordance with applicable regulations.

Travel The contractor shall be responsible for any travel expenses related to on-site training or other customer service tasks associated with deliverables.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

VHA New Mexico (Station 501) - BAYESIAN-GUIDED MEDICATION DOSING SOFTWARE SUBSCRIPTION. LICENSING RIGHTS, AND USER TRAINING.

Contract Period: Base POP Begin: 06-01-2021 POP End: 09-30-2021

VHA Long Beach, CA (Station 600) - BAYESIAN-GUIDED MEDICATION DOSING SOFTWARE SUBSCRIPTION. LICENSING RIGHTS, AND USER TRAINING.

VHA Loma Linda, CA (Station 605) - BAYESIAN-GUIDED MEDICATION DOSING SOFTWARE SUBSCRIPTION. LICENSING RIGHTS, AND USER TRAINING.

VHA Phoenix, AZ (Station 644) - BAYESIAN-GUIDED MEDICATION DOSING SOFTWARE SUBSCRIPTION. LICENSING RIGHTS, AND USER TRAINING.

VHA Prescott, AZ (Station 649) - BAYESIAN-GUIDED MEDICATION DOSING SOFTWARE SUBSCRIPTION. LICENSING RIGHTS, AND USER TRAINING.

VHA San Diego, CA (Station 664) - BAYESIAN-GUIDED MEDICATION DOSING SOFTWARE SUBSCRIPTION. LICENSING RIGHTS, AND USER TRAINING.

VHA Tucson, AZ (Station 678) - BAYESIAN-GUIDED MEDICATION DOSING SOFTWARE SUBSCRIPTION. LICENSING RIGHTS, AND USER TRAINING.

VHA Greater Los Angeles, CA (Station 691) - BAYESIAN-GUIDED MEDICATION DOSING SOFTWARE SUBSCRIPTION. LICENSING RIGHTS, AND USER TRAINING.

VHA New Mexico (Station 501) - BAYESIAN-GUIDED MEDICATION DOSING SOFTWARE SUBSCRIPTION. LICENSING RIGHTS, AND USER TRAINING.

Contract Period: Option 1 POP Begin: 10-01-2021 POP End: 09-30-2022

VHA Long Beach, CA (Station 600) - BAYESIAN-GUIDED MEDICATION DOSING SOFTWARE SUBSCRIPTION. LICENSING RIGHTS, AND USER TRAINING.

VHA Loma Linda, CA (Station 605) - BAYESIAN-GUIDED MEDICATION DOSING SOFTWARE SUBSCRIPTION. LICENSING RIGHTS, AND USER TRAINING.

VHA Phoenix, AZ (Station 644) - BAYESIAN-GUIDED MEDICATION DOSING SOFTWARE SUBSCRIPTION. LICENSING RIGHTS, AND USER TRAINING.

VHA Prescott, AZ (Station 649) - BAYESIAN-GUIDED MEDICATION DOSING SOFTWARE SUBSCRIPTION. LICENSING RIGHTS, AND USER TRAINING.

VHA San Diego, CA (Station 664) - BAYESIAN-GUIDED MEDICATION DOSING SOFTWARE SUBSCRIPTION. LICENSING RIGHTS, AND USER TRAINING.

VHA Tucson, AZ (Station 678) - BAYESIAN-GUIDED MEDICATION DOSING SOFTWARE SUBSCRIPTION. LICENSING RIGHTS, AND USER TRAINING.

VHA Greater Los Angeles, CA (Station 691) - BAYESIAN-GUIDED MEDICATION DOSING SOFTWARE SUBSCRIPTION. LICENSING RIGHTS, AND USER TRAINING.

VHA New Mexico (Station 501) - BAYESIAN-GUIDED MEDICATION DOSING SOFTWARE SUBSCRIPTION. LICENSING RIGHTS, AND USER TRAINING.

Contract Period: Option 2 POP Begin: 10-01-2022 POP End: 09-30-2023

VHA Long Beach, CA (Station 600) - BAYESIAN-GUIDED MEDICATION DOSING SOFTWARE SUBSCRIPTION. LICENSING RIGHTS, AND USER TRAINING.

VHA Loma Linda, CA (Station 605) - BAYESIAN-GUIDED MEDICATION DOSING SOFTWARE SUBSCRIPTION. LICENSING RIGHTS, AND USER TRAINING.

VHA Phoenix, AZ (Station 644) - BAYESIAN-GUIDED MEDICATION DOSING SOFTWARE SUBSCRIPTION. LICENSING RIGHTS, AND USER TRAINING.

VHA Prescott, AZ (Station 649) - BAYESIAN-GUIDED MEDICATION DOSING SOFTWARE SUBSCRIPTION. LICENSING RIGHTS, AND USER TRAINING.

VHA San Diego, CA (Station 664) - BAYESIAN-GUIDED MEDICATION DOSING SOFTWARE SUBSCRIPTION. LICENSING RIGHTS, AND USER TRAINING.

VHA Tucson, AZ (Station 678) - BAYESIAN-GUIDED MEDICATION DOSING SOFTWARE SUBSCRIPTION. LICENSING RIGHTS, AND USER TRAINING.

VHA Greater Los Angeles, CA (Station 691) - BAYESIAN-GUIDED MEDICATION DOSING SOFTWARE SUBSCRIPTION. LICENSING RIGHTS, AND USER TRAINING.

VHA New Mexico (Station 501) - BAYESIAN-GUIDED MEDICATION DOSING SOFTWARE SUBSCRIPTION. LICENSING RIGHTS, AND USER TRAINING.

Contract Period: Option 3 POP Begin: 10-01-2023 POP End: 09-30-2024

VHA Long Beach, CA (Station 600) - BAYESIAN-GUIDED MEDICATION DOSING SOFTWARE SUBSCRIPTION. LICENSING RIGHTS, AND USER TRAINING.

VHA Loma Linda, CA (Station 605) - BAYESIAN-GUIDED MEDICATION DOSING SOFTWARE SUBSCRIPTION. LICENSING RIGHTS, AND USER TRAINING.

VHA Phoenix, AZ (Station 644) - BAYESIAN-GUIDED MEDICATION DOSING SOFTWARE SUBSCRIPTION. LICENSING RIGHTS, AND USER TRAINING.

VHA Prescott, AZ (Station 649) - BAYESIAN-GUIDED MEDICATION DOSING SOFTWARE SUBSCRIPTION. LICENSING RIGHTS, AND USER TRAINING.

VHA San Diego, CA (Station 664) - BAYESIAN-GUIDED MEDICATION DOSING SOFTWARE SUBSCRIPTION. LICENSING RIGHTS, AND USER TRAINING.

VHA Tucson, AZ (Station 678) - BAYESIAN-GUIDED MEDICATION DOSING SOFTWARE SUBSCRIPTION. LICENSING RIGHTS, AND USER TRAINING.

VHA Greater Los Angeles, CA (Station 691) - BAYESIAN-GUIDED MEDICATION DOSING SOFTWARE SUBSCRIPTION. LICENSING RIGHTS, AND USER TRAINING.

VHA New Mexico (Station 501) - BAYESIAN-GUIDED MEDICATION DOSING SOFTWARE SUBSCRIPTION. LICENSING RIGHTS., AND USER TRAINING.

Contract Period: Option 4 POP Begin: 10-01-2024 POP End: 09-30-2025

VHA Long Beach, CA (Station 600) - BAYESIAN-GUIDED MEDICATION DOSING SOFTWARE SUBSCRIPTION. LICENSING RIGHTS, AND USER TRAINING.

VHA Loma Linda, CA (Station 605) - BAYESIAN-GUIDED MEDICATION DOSING SOFTWARE SUBSCRIPTION. LICENSING RIGHTS, AND USER TRAINING.

VHA Phoenix, AZ (Station 644) - BAYESIAN-GUIDED MEDICATION DOSING SOFTWARE SUBSCRIPTION. LICENSING RIGHTS, AND USER TRAINING.

VHA Prescott, AZ (Station 649) - BAYESIAN-GUIDED MEDICATION DOSING SOFTWARE SUBSCRIPTION. LICENSING RIGHTS, AND USER TRAINING.

VHA San Diego, CA (Station 664) - BAYESIAN-GUIDED MEDICATION DOSING SOFTWARE SUBSCRIPTION. LICENSING RIGHTS, AND USER TRAINING.

VHA Tucson, AZ (Station 678) - BAYESIAN-GUIDED MEDICATION DOSING SOFTWARE SUBSCRIPTION. LICENSING RIGHTS, AND USER TRAINING.

VHA Greater Los Angeles, CA (Station 691) - BAYESIAN-GUIDED MEDICATION DOSING SOFTWARE SUBSCRIPTION. LICENSING RIGHTS, AND USER TRAINING.

B.4 DELIVERY SCHEDULE

1501 San Pedro SE Albuquerque, NM 87108 0000 United States 4.00

5901 E 7th Street Long Beach, CA 90822 0000

USA

4.00

Loma Linda Loma Linda, CA 92354 0000

12.00

Phoenix VA Health Care System 650 E. Indian School Road Phoenix, AZ 85012 1839

4.00

500 AZ-89

Prescott, AZ 86301 0000

4.00

3350 La Jolla Vista Drive La Jolla, CA 92037 0000

4.00

Tucson VA Medical Center 3601 S. 6th Avenue Tucson, AZ 85723

4.00

11301 Wilshire Blvd Los Angeles, CA 90025 0000

4.00

1501 San Pedro SE Albuquerque, NM 87108 0000

12.00

5901 E 7th Street Long Beach, CA 90822 0000

12.00

Loma Linda Loma Linda, CA 92354 0000

12.00

Phoenix VA Health Care System 650 E. Indian School Road Phoenix, AZ 85012 1839

12.00

500 AZ-89

Prescott, AZ 86301 0000

12.00

3350 La Jolla Vista Drive La Jolla, CA 92037 0000

12.00

Tucson VA Medical Center 3601 S. 6th Avenue Tucson, AZ 85723USA

12.00

11301 Wilshire Blvd Los Angeles, CA 90025 0000

12.00

1501 San Pedro SE Albuquerque, NM 87108 0000

12.00

5901 E 7th Street Long Beach, CA 90822 0000

12.00

Loma Linda Loma Linda, CA 92354 0000

12.00

Phoenix VA Health Care System 650 E. Indian School Road Phoenix, AZ 85012 1839

12.00

500 AZ-89

Prescott, AZ 86301 0000

12.00

3350 La Jolla Vista Drive La Jolla, CA 92037 0000

12.00

Tucson VA Medical Center 3601 S. 6th Avenue Tucson, AZ 85723

12.00

11301 Wilshire Blvd Los Angeles, CA 90025 0000

12.00

1501 San Pedro SE Albuquerque, NM 87108 0000

12.00

5901 E 7th Street Long Beach, CA 90822 0000

12.00

Loma Linda Loma Linda, CA 92354 0000

12.00

Phoenix VA Health Care System 650 E. Indian School Road Phoenix, AZ 85012 1839

12.00

500 AZ-89

Prescott, AZ 86301 0000

12.00

3350 La Jolla Vista Drive La Jolla, CA 92037 0000

12.00

Tucson VA Medical Center 3601 S. 6th Avenue Tucson, AZ 85723

12.00

11301 Wilshire Blvd Los Angeles, CA 90025 0000

12.00

1501 San Pedro SE Albuquerque, NM 87108 0000

12.00

5901 E 7th Street Long Beach, CA 90822 0000

12.00

Loma Linda Loma Linda, CA 92354 0000

12.00

Phoenix VA Health Care System 650 E. Indian School Road Phoenix, AZ 85012 1839

12.00

500 AZ-89

Prescott, AZ 86301 0000

12.00

3350 La Jolla Vista Drive La Jolla, CA 92037 0000

12.00

Tucson VA Medical Center 3601 S. 6th Avenue Tucson, AZ 85723

12.00

11301 Wilshire Blvd Los Angeles, CA 90025 0000

12.00

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 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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

(End of Clause)

C.3 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 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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.4 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.

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

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.] [] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[X] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[X] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[X] 852.233–70, Protest Content/Alternative Dispute Resolution.

[X] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[X] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause)

C.5 VAAR 852.212-71 GRAY MARKET ITEMS (APR 2020)

(a) No gray market or remanufactured items will be acceptable. Gray market items are Original Equipment Manufacturers’ (OEM) goods sold through unauthorized channels in direct competition with authorized distributors. This procurement is for new OEM medical equipment only for VA medical facilities.

(b) 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.6 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes FAR 52.219-14 Limitations on Subcontracting.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services…