S02- 36C26226R0003.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

36C26226R0003 10-14-2025

Trudeau, Danielle 562-766-2247 10-29-2025

12:00 PDT

36C262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

X 100

X

622110

$47 Million

N/A

36C678

Department of Veterans Affairs Southern Arizona VA Healthcare System 3601 S. 6th Avenue

Tucson AZ 85723

36C262

Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

Department of Veterans Affairs Financial Services Center Contractor shall bill in arrears to:

Tungsten Network

See CONTINUATION Page

Autologous Transfusion (Cell Saver) Services for the Southern Arizona VA Healthcare System (SAVAHCS)

See statement of work for details

See CONTINUATION Page

X 1

Danielle Trudeau Contracting Officer

36C26226R0003

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 SCHEDULE OF SERVICES AND PRICING

B.3 PERFORMANCE WORK STATEMENT (PWS)

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

C.2 52.216-18 ORDERING (AUG 2020)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 33

C.7 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.8 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

C.9 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.10 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

C.11 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) . 39

C.12 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JAN 2025) (DEVIATION FEB 2025)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 Performance Metrics Attachment

D.2 WAGE DETERMINATION

D.3 IT CONTRACT SECURITY

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023)

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

SERVICES (NOV 2021)

E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.4 52.216-1 TYPE OF CONTRACT (APR 1984)

E.5 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.6 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024) (DEVIATION

FEB 2025)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer, Danielle Trudeau

Department of Veterans Affairs

Network Contracting Office 22

4811 Airport Plaza Drive

Suite 600

Long Beach CA 90815

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

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

Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other []

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.

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

AMENDMENT NO DATE

6. UNIQUE ENTITY IDENTIFER (UEI) NUMBER: In accordance with FAR Provision 52.212-1 paragraph (j), please provide the System for Award Management (SAM) UEI Number assigned to your firm in the space provided below:

UEI# ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____

B.2 SCHEDULE OF SERVICES AND PRICING

Contractor’s price shall include all labor, equipment, management, materials, supplies, and other elements necessary to provide complete Autologous Transfusion (Cell Saver) Services.

This solicitation is for a base plus four (4) one (1) year options contract for the Southern Arizona VA Health Care System (SAVAHCS).

Quantities are estimates ONLY. This is an IDIQ contract. Stated contract minimum(s) are the only guaranteed quantities. The guaranteed minimum on any option period is only guaranteed if the option is exercised. Ordering procedures and order minimum and maximum can be found at C.3 (52.216-19). Invoices and payments will be based on the minimum or actual quantity, whichever is greater. Task orders will be issued/funded separately from the base contract or any subsequent option years.

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVICE

S

QUANTIT

Y

UNI

T UNIT PRICE AMOUNT

150.00 EA ____________

Basic (blood processed): Contractor owned auto-transfusion unit, all sterile disposable supplies and one (1) Nurse operator or Certified Technician. Includes up to four (4) hours of service per procedure. Standard hours of operation M-F 0600- 1700.

Contract Period: Base POP Begin: 01-01-2026 POP End: 12-31-2026

25.00 EA ____________

Basic (blood processed: Contractor owned auto-transfusion unit, sterile disposable supplies and one (1) Nurse operator or Certified Technician. Includes up to four (4) hours of service per procedure. Case started between the hours of 1700-0600, weekends, and holidays.

Contract Period: Base

110.00 EA ____________

Mini (processed and non processed): Contractor owned auto-transfusion unit, Sterile disposable supplies and one (1) Nurse operator or Certified Technician. Includes up to two (2) hours of service per procedure.

Contract Period: Base

750.00 EA ____________

Additional Nurse operator or Certified Technician time in half-hour increments for services exceeding time limits stated for line items 1 & 2.

Contract Period: Base

16.00 EA ____________

Additional nurse operator or Technician time in half-hour increments for services exceeding time limits stated for line items 1 & 2. Case started between the hours of 1700- 0600,weekends, and holidays.

Contract Period: Base

Additional reservoir for contractor owned autotransfusion equipment.

Contract Period: Base

100.00 EA ____________

Additional suction (A&A line) for contractor owned autotransfusion equipment.

Contract Period: Base

2.00 EA ____________

Cancellation fee (after contractor Arrival on-site):

Contract Period: Base

1.00 EA ____________

Anticoagulant Citrate Dextrose Solution USP Formula A

(ACD-A)

Contract Period: Base

12.00 EA ____________

24/7 Management & on-call Contract Period: Base

Basic (blood processed): Contractor owned auto-transfusion unit, all sterile disposable supplies and one (1) Nurse operator or Certified Technician. Includes up to four (4) hours of service per procedure. Standard hours of operation M-F 0600- 1700.

Contract Period: Option 1 POP Begin: 01-01-2027 POP End: 12-31-2027

Basic (blood processed: Contractor owned auto-transfusion unit, sterile disposable supplies and one (1) Nurse operator or Certified Technician. Includes up to four (4) hours of service per procedure. Case started between the hours of 1700-0600, weekends, and holidays.

Contract Period: Option 1

Mini (processed and non processed): Contractor owned auto-operator or Certified Technician. Includes up to two (2) hours of service per procedure.

Contract Period: Option 1

Additional Nurse operator or Certified Technician time in half-hour increments for services exceeding time limits stated for line items 1 & 2.

Contract Period: Option 1

Additional nurse operator or Technician time in half-hour increments for services exceeding time limits stated for line items 1 & 2. Case started between the hours of 1700- 0600,weekends, and holidays.

Contract Period: Option 1

Additional reservoir for contractor owned autotransfusion equipment.

Contract Period: Option 1

Additional suction (A&A line) for contractor owned autotransfusion equipment.

Contract Period: Option 1

Cancellation fee (after contractor Arrival on-site):

Contract Period: Option 1

Anticoagulant Citrate Dextrose Solution USP Formula A

(ACD-A)

Contract Period: Option 1

24/7 Management & on-call Contract Period: Option 1

Basic (blood processed): Contractor owned auto-transfusion unit, all sterile disposable supplies and one (1) Nurse operator or Certified Technician. Includes up to four (4) hours of service per procedure. Standard hours of operation M-F 0600- 1700.

Contract Period: Option 2 POP Begin: 01-01-2028 POP End: 12-31-2028

Basic (blood processed: Contractor owned auto-transfusion unit, sterile disposable supplies and one (1) Nurse operator or Certified Technician. Includes up to four (4) hours of service per procedure. Case started between the hours of 1700-0600, weekends, and holidays.

Contract Period: Option 2

Mini (processed and non processed): Contractor owned auto-operator or Certified Technician. Includes up to two (2) hours of service per procedure.

Contract Period: Option 2

Additional Nurse operator or Certified Technician time in half-hour increments for services exceeding time limits stated for line items 1 & 2.

Contract Period: Option 2

Additional nurse operator or Technician time in half-hour increments for services exceeding time limits stated for line items 1 & 2. Case started between the hours of 1700- 0600,weekends, and holidays.

Contract Period: Option 2

Additional reservoir for contractor owned autotransfusion equipment.

Contract Period: Option 2

Additional suction (A&A line) for contractor owned autotransfusion equipment.

Contract Period: Option 2

Cancellation fee (after contractor Arrival on-site):

Contract Period: Option 2

Anticoagulant Citrate Dextrose Solution USP Formula A

(ACD-A)

Contract Period: Option 2

24/7 Management & on-call Contract Period: Option 2

Basic (blood processed): Contractor owned auto-transfusion unit, all sterile disposable supplies and one (1) Nurse operator or Certified Technician. Includes up to four (4) hours of service per procedure. Standard hours of operation M-F 0600- 1700.

Contract Period: Option 3 POP Begin: 01-01-2029 POP End: 12-31-2029

Basic (blood processed: Contractor owned auto-transfusion unit, sterile disposable supplies and one (1) Nurse operator or Certified Technician. Includes up to four (4) hours of service per procedure. Case started between the hours of 1700-0600, weekends, and holidays.

Contract Period: Option 3

Mini (processed and non processed): Contractor owned auto-transfusion unit, Sterile disposable supplies and one (1) Nurse operator or Certified Technician. Includes up to two (2) hours of service per procedure.

Contract Period: Option 3

750.00 EA _________ ___ _____________

Additional Nurse operator or Certified Technician time in half-hour increments for services exceeding time limits stated for line items 1 & 2.

Contract Period: Option 3

Additional nurse operator or Technician time in half-hour increments for services exceeding time limits stated for line items 1 & 2. Case started between the hours of 1700- 0600,weekends, and holidays.

Contract Period: Option 3

Additional reservoir for contractor owned autotransfusion equipment.

Contract Period: Option 3

Additional suction (A&A line) for contractor owned autotransfusion equipment.

Contract Period: Option 3

Cancellation fee (after contractor Arrival on-site):

Contract Period: Option 3

Anticoagulant Citrate Dextrose Solution USP Formula A

(ACD-A)

Contract Period: Option 3

24/7 Management & on-call Contract Period: Option 3

Basic (blood processed): Contractor owned auto-transfusion unit, all sterile disposable supplies and one (1) Nurse operator or Certified Technician. Includes up to four (4) hours of service per procedure. Standard hours of operation M-F 0600- 1700.

Contract Period: Option 4 POP Begin: 01-01-2030 POP End: 12-31-2030

Basic (blood processed: Contractor owned auto-transfusion unit, sterile disposable supplies and one (1) Nurse operator or Certified Technician. Includes up to four (4) hours of service per procedure. Case started between the hours of 1700-0600, weekends, and holidays.

Contract Period: Option 4

Mini (processed and non processed): Contractor owned auto-operator or Certified Technician. Includes up to two (2) hours of service per procedure.

Contract Period: Option 4

Additional Nurse operator or Certified Technician time in half-hour increments for services exceeding time limits stated for line items 1 & 2.

Contract Period: Option 4

Additional nurse operator or Technician time in half-hour increments for services exceeding time limits stated for line items 1 & 2. Case started between the hours of 1700- 0600,weekends, and holidays.

Contract Period: Option 4

Additional reservoir for contractor owned autotransfusion equipment.

Contract Period: Option 4

Additional suction (A&A line) for contractor owned autotransfusion equipment.

Contract Period: Option 4

Cancellation fee (after contractor Arrival on-site):

Contract Period: Option 4

Anticoagulant Citrate Dextrose Solution USP Formula A

(ACD-A)

Contract Period: Option 4

24/7 Management & on-call Contract Period: Option 4

GRAND

TOTAL

AGGREGATE TOTALS

Description Total Pricing

Base Year: 01/01/2026 – 23/31/2026 $

Option Year 1: 01/01/2027 – 23/31/2027 $

Option Year 2: 01/01/2028 – 23/31/2028 $

Option Year 3: 01/01/2029 – 23/31/2029 $

Option Year 4: 01/01/2030 – 23/31/2030 $

Base Year + Four (4) One (1) Year Option Total $

B.3 PERFORMANCE WORK STATEMENT (PWS)

1. SERVICE AND EQUIPMENT/SUPPLIES TO BE PROVIDED

A. General:

The contractor shall provide all labor, equipment, management, materials, supplies, and other elements necessary to provide complete “Autologous Transfusion (Cell Saver) Services” for the Southern Arizona VA Health Care System (SAVAHCS), Tucson Arizona. Registered nurses shall be fully qualified and possess direct, documented experience in the performance of the referenced services.

B. Services:

1) Basic autotransfusion will be used where large blood loss is anticipated. Procedures will include but not be limited to: Cardiac, vascular, trauma, transplant, gynecological, and some orthopedic cases. Any procedure in which medical staff determine this service is required, shall be covered under this contract. Basic service will include use of contractor provided equipment, disposable supplies, setup and take down of equipment, and one registered nurse operator or certified technician for approximately a four (4) hour period.

2) Mini autotransfusion will be used either intra or post operatively on surgical procedures where nominal to moderate blood loss is anticipated. Procedures will include but not be limited to: Orthopedic cases such as total knee and total hip arthroplasties, ORIF, and retropubic prostatectomy. Mini autotransfusion will include all use of contractor provided equipment, disposable supplies, setup and take down of equipment, and one registered nurse operator or certified technician for approximately a two (2) hour period.

C. Equipment and Supplies:

The contractor shall provide only equipment and supplies that are approved by the Food & Drug Administration (FDA) for autotransfusion. The Contractor shall obtain written approval from the Contracting Officer (CO) prior to implementing any changes or substitution of equipment/supplies during the term of this contract. An approved list of supplies shall be submitted to, and maintained by, the Contracting Officer’s Representative (COR). The contractor shall be responsible for providing the necessary machine along with the disposable bowl and reservoir. The SAVAHCS Tucson, AZ is not responsible for Contractor provided equipment/supplies. Contractor shall ensure all equipment and supplies are in pristine condition. They shall be maintained in a condition suitable for operating room applications. No other condition is considered acceptable and shall not be used in the performance of this contract. Maintenance and repair of the Contractor’s equipment is the sole responsibility of the Contractor.

2. TRANSPORTATION AND TRAVEL TIME

The price of this service shall include the transportation of personnel and equipment. No additional charges shall be authorized for transportation.

3. RESPONSE TIME AND QUANTITIES

A. The Contractor shall provide all necessary equipment, supplies, and a registered nurse or certified technician within 30 minutes of notification of needed services by the COR or other authorized representative as identified by the CO or COR.

B. One contractor owned cell saver machine shall be placed in the operating room area and remain there for the duration of the contract. It is agreed that SAVAHCS personnel shall not, at any time, set-up or operate contractor equipment or machines. However;

SAVAHCS personnel shall be authorized to begin all necessary operations required for emergency collection set-up when they deem necessary for appropriate patient care.

C. Upon arrival, the registered nurse shall immediately report to the SAVAHCS circulating nurse assigned to the procedure.

D. The Contractor shall not be required to perform in excess of three (3) Basic and one (1) Mini service at any one time under this contract.

E. When the Contractor determines equipment require additional maintenance, they shall schedule the time with the COR. Contractor shall only be in the facility when government personnel are aware of the duration of the visit.

4. HOURS OF COVERAGE

The contractor shall provide coverage twenty-four (24) hours per day, seven (7) days per week.

This is a critical, life saving component for patient care. Accordingly, Contractor shall be prepared to perform services at all times.

5. QUALITY MANAGEMENT PROGRAM

The Contractor shall have a quality management program in place, that ensures equipment and personnel perform in accordance with American Association of Blood Banks (AABB), College of American Pathologists (CAP), Joint Commission (JC) standards as applicable. The Contractor shall submit a detailed planned which accurately details their quality control management program to the CO prior to contract start-up. Contractor shall obtain written approval from the CO prior to implementing any changes in their approved quality management program. Failure of the Contractor to ensure personnel and equipment conform to these standards shall be cause for termination of the contract.

6. PERFORMANCE MONITORING:

The contractor will be monitored through a variety of mechanisms, including but not limited to:

A. QA monitors to assess the quality of care provided by the contractor.

B. Review of medical record documentation.

C. The Contractor is required to meet Joint Commission standards, as applicable. These performance standards may change during the course of the contract. Any new or revised quality/performance criteria or standards will be provided to the contractor before their implementation date and renegotiated into the contract as necessary. Attachment 1 contains the Performance Metrics that will be used to monitor the contractor.

D. Monitoring of contractors time shall be demonstrated through sign-in/ sign-out sheets.

The contractor shall be required to sign an attendance log upon reporting to work and departing from work. The Contracting Officer’s Representative (COR) is designed to be the Surgical Care Line’s Administrative Officer. The COR shall be the VA official responsible for verifying contract compliance. After contract award, any incidents of contractor noncompliance as evidenced by the monitoring procedures shall be forwarded immediately to the Contracting Officer.

7. PERSONNEL QUALIFICATIONS/TRAINING

The Contractor shall ensure all personnel are fully qualified, competent, and have the training, and experience to perform the services in accordance with the terms & conditions of this contract and all other applicable regulations. The Contractor shall provide documentation/certification letters of qualifications, training, licensure, and experience of proposed personnel which the Contractor anticipates utilizing to perform services under this contract. Contractor shall provide evidence their prospective personnel have received all Vaccines (with TB immunization being the most critical), as well as training for safety/blood borne pathogens and HIPPA. Personnel shall not be used prior to approval by the CO or COTR. This approval shall be in writing. Information shall be provided prior to the addition of new staff members. Failure to ensure personnel meet the minimum qualification requirements shall represent grounds for contract termination. The qualifications of Contractor personnel performing under this contract are subject to review and approval by the SAVAHCS Chief of Staff and the SAVAHCS Director prior to acceptance by the CO. Accordingly, Contractor shall supply the list of prospective employees as quickly as possible, but not later than three days after contract award, to ensure personnel are in place in an acceptable period of time.

Contractor personnel will be subject to a Special Agreement Check (SAC) via electronic fingerprinting prior to or simultaneous with entry on duty to SAVAHCS premises. Contractor shall supply their Cellsaver orientation and worksite lists to the COR.

7.1 CREDENTIALING/PRIVILEGING:

A. The contractor shall insure that all contract physicians are credentialed and privileged according to the Credentialing and Privileging process as described in VHA Handbook

1100.19 and local policy. No services will be provided by any contract physician prior to obtaining approval by the VA's Professional Standards Board, Medical Executive Board, and Facility Director. The contractor will be provided copies of current requirements and updates as they are published.

B. The contractor shall allow a minimum of 90 calendar days for review of credentials by the SAVAHCS Professional Standards Board and the SAVAHCS Director or his/her designee. Period required for review of credentials shall be at no additional cost to the Government.

C. Privileges will require renewal at least every two (2) years in accordance with Medical Center and Joint Commission requirements.

D. Physicians assigned by the contractor to work at the SAVAHCS will be required to report specific patient outcome information, such as complications, to the Service Chief.

Quality improvement data provided by the physicians and/or collected by the Service will be used to analyze individual practice patterns. The Service Chief will utilize the data to formulate recommendations for the Professional Standards Board to consider in the renewal of clinical privileges.

7.2 APPROVAL OF CONTRACTOR PERSONNEL:

The SAVAHCS reserves the right to refuse employment under this contract or require dismissal from contract work of any contractor employee or subcontractor employee who, by reason of previous unsatisfactory performance at the VA or for any other reasonable cause, is considered by the Contracting Officer to be objectionable, as long as thirty (30) days written notification of unsatisfactory performance has been provided to the contractor and the problem has not been cured in the thirty (30) day period.

7.3 KEY PERSONNEL AND TEMPORARY EMERGENCY SUBSTITUTIONS:

a. The Contractor shall assign to this contract the following key personnel:

Key Registered Nurse ____________________________________

Key Registered Nurse ____________________________________

Back up Registered Nurse ____________________________________

Back up Registered Nurse ____________________________________

Back up Registered Nurse ____________________________________

Back up Registered Nurse ____________________________________

Certified Technician ____________________________________

Certified Technician ____________________________________

b. During the first ninety (90) days of performance, the Contractor shall make NO substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer, in writing, within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period of the contract, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

c. The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes shall have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on the proposed substitutes. The contract will be modified to reflect any approved changes of key personnel.

d. For temporary substitutions where the key person will not be reporting to work for three

(3) consecutive work days or more, the Contractor will provide a qualified replacement for the key person. This substitute shall have comparable qualifications to the key person. Any period exceeding two weeks will require the procedure as stated above.

8. REPORTING REQUIREMENTS

A. The contractor shall provide a log report for each procedure to include the date, patient’s name, locally assigned patient identification number, volume processed, volume returned, and name & signature of the registered nurse.

B. All reports shall be provided to the materials management nurse located in the operating room.

9. UNUSED WHOLE BLOOD

When there is whole blood remaining at the completion of a surgical procedure the nurse operator shall ensure proper labeling as follows: Patient’s name, locally assigned patient identification number, and date & time. The nurse operator shall inform the Operating Room staff nurse when there is remaining whole blood.

10. SERVICES

A. Universal precaution procedures, in accordance with CDC, OSHA, & JC guidelines, shall be adhered to for services provided under this contract.

B. The services to be performed by the Contractor shall be performed in accordance with SAVAHCS policies and procedures and the regulations of the medical staff by-laws (available upon request) of the SAVAHCS.

11. PERSONNEL POLICY

The Contractor shall be responsible for protecting the personnel furnishing services under this contract. To conform with this policy, the Contractor shall provide the following minimum requirements:

o worker’s compensation o professional liability insurance o health examinations o income tax withholding, and o social security payments

The personnel performing under this contract shall not be considered SAVAHCS employees for any purpose and shall be considered employees of the Contractor.

12. PERSONAL ARTICLES

A. SAVAHCS shall provide a locker for contractor personnel to store personal articles for safekeeping. Contractor shall be responsible for any lock they wish to utilize

B. To maintain environmental sanitation no personal articles shall be brought into the operating room.

13. DEFINITIONS/ACRONYMS -

A. AABB – American Association of Blood Banks

B. CAP – College of American Pathologists

C. CDC – Centers for Disease Control

D. CO - Contracting Officer.

E. COTR - Contracting Officer’s Technical Representative

F. JC – Joint Commission

G. OSHA – Occupational Safety and Health Administration

H. SAVAHCS – Southern Arizona VA Health Care System

14. FEDERAL HOLIDAYS: Contractor shall perform services on the following holidays.

Contractor shall bear the cost of any overtime and/or holiday pay to which its personnel may be entitled as a result of performing work under this contract. These costs shall not be billed to nor reimbursed by the Government.

New Year’s Day 1 January

Martin Luther King Jr.’s Birthday Third Monday in January

President’s Day Third Monday in February

Memorial Day Last Monday in May

Juneteenth 19 June

Independence Day 4 July

Labor Day First Monday in September

Columbus Day Second Monday in October

Veteran’s Day 11 November

Thanksgiving Day 4th Thursday in November

Christmas Day 25 December

15. IDENTIFICATION, PARKING, SMOKING, AND VA REGULATIONS:

A. It is the responsibility of the contractor to park in the appropriate designated parking areas. Information on parking is available from the VA Police Section. SAVAHCS will not invalidate or make reimbursement for parking violations of the contractor under any conditions.

B. Smoking is prohibited inside any buildings at the SAVAHCS and on VA property.

C. Possession of weapons and alcohol are prohibited.

D. Enclosed containers shall be subject to search.

E. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

16. PRIVACY AWARENESS TRAINING:

A. Privacy Training: Contractor and their sub-contractors assigned work under the contract are required to receive annual training on patient privacy as established by HIPAA statutes. Training must meet VHA’s and the Department of Health and Human Services Standards for Privacy of Individually-identifiable health information. Contractor shall provide documented proof to the contracting officer that all employees assigned work and/or having access to Protected Health Information have received annual training.

Proof of training is to be forwarded to the Contracting Officer. Information on fulfilling the training requirement as stated in this paragraph can be found at https://www.ees-learning.net. For contractors and sub-contractors who do not have access to VHA computer systems, this requirement is met by receiving VHA National Privacy Training, other VHA approved privacy training or contractor furnished training that meets the requirements of the HHS standards.

B. A Business Associate Agreement (BAA) may be required for any contract that requires either a SAC or a NACI or higher and that is not otherwise exempt from the requirement for a BAA. The BAA shall be attached to solicitation document for this requirement.

Contractor shall supply completed BAA with their solicitation offer.

https://www.ees-learning.net/ https://www.ees-learning.net/

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 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from award of contract through end of contract plus 6 months.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of Clause)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $100, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of amount to be determined at time of award;

(2) Any order for a combination of items in excess of amount to be determined at time of award; or

(3) A…