S02 - 36C26322Q0566.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

36C26322Q0566 08-18-2022

Shavokie Gibson 319-688-3617 08-31-2022

4pm CDT

36C263

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

1303 5th St, Suite 300

Coralville IA 52241

X 100

X

339116

500 Employees

N/A

VISN 23

36C263

NETWORK 23 CONTRACTING OFFICE

1303 5th St, Suite 300

Coralville IA 52241

FMS-VA-2(101)

Financial Services Center

PO Box 149971

Austin TX 78714-9971

See CONTINUATION Page

SEE SECTION B.2 FOR DETAILS

THIS SOLICITATION IS BEING CONDUCTED BY THE NCO 23

CONTRACTING OFFICE FOR A 5 YEAR BPA CONTRACT

THIS SOLICITATION IS

LOWEST PRICE TECHNICALLY ACCEPTABLE(LPTA)

FAILURE TO DEMONSTRATE THIS MAY RESULT IN THE OFFER BEING

FOUND NONRESPONSIVE

THIS SOLICITATION IS A SDVOSB SET ASIDE

ALL QUESTIONS NEED TO BE SUBMITTED 72 HOURS BEFORE OFFICIAL

DUE DATE STATED IN BLOCK 8 TO BE CONSIDERED

SIGN SF1449 AND RETURN ALL PAGES WITH OFFER SUBMISSION

ALONG WITH DESCRPTIVE LITERATURE DOCUMENTS TO EVALUATE

TECHNICALLY ACCEPTABILITY

FAILURE TO SUBMIT ALL DOCUMENTS BY THE DUE DATE IN BLOCK 8

WILL BE FOUND NONRESPONSIVE

See CONTINUATION Page

X X

X 1

Harry Grambo III

36C26322Q0566

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK

B.3 QUALITY ASSURANCE SURVEILLANCE PLAN

B.4 PRICE/COST SCHEDULE

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2021)

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

C.3 52.216-18 ORDERING (AUG 2020)

C.4 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

C.5 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.6 VAAR 852.212-71 GRAY MARKET ITEMS (APR 2020)

C.7 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.8 VAAR 852.219-78 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (SEP 2021)

(DEVIATION)

C.9 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.10 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) . 31

C.11 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

C.12 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JAN 2022) (JUL 2020) (DEVIATION)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (NOV 2021)

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

1998)

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.5 52.216-1 TYPE OF CONTRACT (APR 1984)

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

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

SERVICES (JAN 1999)

E.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) (JUL 2020)

(DEVIATION)

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 36C263

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

1303 5th St, Suite 300

Coralville IA 52241

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

[X] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly [X]

b. Semi-Annually [X]

c. Other [X] PER SERVICE, UPON ACCEPTANCE

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

Requests.

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

AMENDMENT NO DATE

B.2 STATEMENT OF WORK

1. BACKGROUND:

The VISN 23 provides dental prosthodontics to veterans receiving dental care throughout the VISN. VISN 23 has over 10,000 dental patient visits per year. Eligible veterans of VISN 23 Dental Services cover a broad range of ages and needs.

2. SCOPE:

VISN 23 has a requirement for a contractor to provide fixed and removable prosthodontics and dental appliances for veterans receiving dental using a Blanket Purchase Agreement (BPA) contract. All dental items shall be provided per the Schedule of Items and in accordance with the requirements as specified herein. A commercial dental laboratory must be able to provide all removable and fixed items and dental appliances requested and meet the quality demands and turn-around times.

These products are needed for five years.

3. PLACE OF PERFORMANCE:

All contract dental lab products will be fabricated at the contract dental lab’s site with the exception of manufacturer specific implant abutments.

4. SPECIFICATIONS/STATEMENT OF WORK:

(a) General Requirement:

The contractor shall provide fixed and removable prosthodontics, dental appliances and supplies. The contractor must have the ability to work with the 3Shape Trios Scanner and have a digital workflow for accepting STL files and fabricating fixed and removable prosthodontic items and appliances when requested. All products are to be fabricated at the contractor’s facility unless otherwise approved by the individual VA Dental facility.

Contractor will use only high quality American Dental Association (ADA) certified raw materials in the fabrication of dental products. All products supplied will be in accordance with the terms and conditions of this statement of work.

(b) Delivery of Products:

• Contractor’s laboratory must be able to facilitate pick-up and delivery to the appropriate VISN 23 Dental Clinic per required turn-around times.

VABHHCS Dental Service locations are:

VA Black Hills Health Care System Dental Service 113 Comanche Road Fort Meade, SD 57741

VA Black Hills Health Care System Dental Service 500 North 5th St.

Hot Springs, SD 57747

VA-CIHCS Dental Service Line Location:

VA-Central Iowa Health Care System Dental Services 3600 30th Street Des Moines, Iowa 50310

Any additional Dental Clinics within VISN 23 can utilize this contract.

• Contractor will provide pick-up and delivery services to the VA Dental Service Clinics, Monday through Friday, excluding Federal Holidays, between the hours of 7:30am and 4:00 pm. There are currently 11 holidays observed by the Federal Government, they are: New Year’s Day, Presidents’ Day, Martin Luther King Day, Memorial Day, Juneteenth Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving, and Christmas. There may be other days during a year that are declared by the President of the United States to be a national holiday.

• Contractor will supply mailing containers for transport. The containers cannot be corrugated cardboard.

• With the exception of expedited orders, the transportation of dental products will be provided at no cost to the VA.

• The Contractor will provide a detailed tracking system that includes status of the package to and from the dental clinic.

• Turnaround time required for each product shall be within the time frame listed below. In case of longer times, the Contracting Officer’s Representative must be made aware of the delay before the maximum number of days has expired.

All fixed and removable dental laboratory items shall be completed within fifteen

(15) working days from the date of shipment from the VA to the date of delivery to the VA

EXCEPT -

o Repairs, rebases, and relines must be able to be completed by a local lab within one (1) working day when requested.

o Repairs, rebases, and relines must be able to be completed by the contract lab within five (5) working days when requested.

(c) Dental Product Requirements:

Contractor shall provide the following fixed and removable dental laboratory items to the

VABHHCS:

• Diagnostic wax-ups

• Temporary crowns and bridges

• BruxZir solid zirconia crowns and bridges

• Custom trays

• Model, die, and articulate

• All metal crowns and bridges

• Porcelain fused to metal crowns and bridges

• Pressed and layered IPS e.max crowns

• Solid zirconia crowns and bridges

• All porcelain crowns and veneers

• Maryland bridges

• Cast post and cores

• Manufacture specific custom implant abutments

• Implant crowns

• Hybrid fixed prostheses

• Mouthguard/nightguard

• Relines

• Sleep apnea appliance/Obstructive sleep appliance

• Immediate dentures

• Flexible partials Functional appliance

• Flippers /Acrylic partials and repairs

• Bite splints

• Complete dentures (including custom trays, bite rims, set-up, processes & finish)

• Implant overdentures (including custom trays, bite rims, set-up, processes & finish)

• Bars and attachments for overdentures

• Cast partial dentures (including Vitallium cast frameworks, set-ups, process and finish)

• All acrylic partial dentures (including those which require cast or wrought wire clasps, set-up, process & finish)

• Flexible partial dentures (set-ups, process and finish)

• Dentures processed in Lucitone 199 or Ivocap

• Portrait IPN denture teeth

• Complete and partial denture repair and strengthener

• Compete and partial denture relines and rebases

• Obturators, palatal augmentation prosthesis, palatal lifts (including custom trays, bite rims, set-up, processes & finish)

• Fluoride trays

• Occlusal guards and splints

• Cast post and cores

• Models, Dies and Articulate

• Custom implant abutment wings

• Porcelain repair

• Custom acrylic impression trays

• Acrylic night guards

(e) Certifications:

The contractor shall use only high quality American Dental Association (ADA) and Food and Drug Administration (FDA) certified raw materials when applicable in the fabrication of all dental products provided. At the time of delivery, contractor is required to provide documentation as to the type of metal and other materials used in fabricating the dental product. Contractor is required to certify that all work is completed in the United States and made with only ADA certified materials.

(f) Quality Assurance:

All products provided to the VA must be of the same consistent high quality as would be offered to the general commercial public in the United States. Contractor will use only high quality raw materials purchased from ISO 9001/CE registered companies.

The VA will provide practitioner specific preferences to the contractor’s dental lab.

Contractor shall have a quality assurance process (QA) that will guarantee a product that meets the practitioner’s prescription and that meets the patient’s natural esthetics and provides superior fit with minimal chair time. Laboratory will use a computerized shade verification system as well as perform internal technical audits to ensure consistent high quality and timely restorations.

(g) Warranty:

The contractor will provide products that meet the practitioner’s prescription and the esthetic and functional requirements of the patient. Contractor warranties all products against defects in material and workmanship. The contractor will be responsible for remaking all dental products that are defective or do not fit due to contractor’s error.

• If a crown does not fit the die, it will be considered the fault of the contractor and the crown will be remade at no additional expense to the Government. If the crown fits the die, but not the patient’s mouth, it will be considered the fault of the Government, and the remake will be at the Government’s expense.

• If, in the case of porcelain work, the porcelain shatters within twelve (12) months of fabrication, it will be considered the fault of the contractor and will be remade at no additional expense to the Government.

• If a removable prosthodontic item does not fit the master cast, it will be considered the fault of the contractor and the removable prosthodontic item will be remade at no additional expense to the Government. If the removable prosthodontic item fits the cast, but not the patient’s mouth, it will be considered the fault of the Government, and the remake will be at the Government’s expense.

• Changes to the partial denture framework design not approved by the dentist on the laboratory prescription will be considered flawed and unacceptable and will be remade at no additional cost to the VA.

(h) Customer Support:

Contractor’s dental laboratory will provide professional case consultation and responsive, knowledgeable customer support representatives.

(i) All-Inclusive Pricing:

The contractor will bill at an all-inclusive rate following the list of products and prices in the Schedule of Items. Schedule of Items pricing is all-inclusive of the metals used in fabrication.

The price in the Schedule of Items includes the contractor providing non-corrugate cardboard or plastic shipping containers and the cost of 2nd day shipping to and from the dental clinics. In the event next day shipping is requested by VA BHHCS. VA BHHCS will incur the cost of the next day shipping. A next day shipping contracted price is listed in the Schedule of Items.

(c) Payment in Full/ No Billing VA Beneficiaries: The contractor shall accept payment for products under this contract as payment in full. VA beneficiaries shall not under any circumstances be charged nor shall their insurance companies, including Medicare, be charged for products provided by the contractor under this contract, even if VA does not pay for those products. The contractor shall not bill, charge, collect a deposit from, seek compensation, remuneration, or reimbursement from, or have any recourse against, any person or entity other than the VA for products provided pursuant to this contract. It shall be considered fraudulent for the Contractor to bill other third parties for products provided under this contract. This provision shall survive the termination or ending of the contract.

B.3 QUALITY ASSURANCE SURVEILLANCE PLAN

1. Purpose:

This Quality Assurance Surveillance Plan (QASP) provides a systematic method to evaluate contractor performance. This QASP explains the following:

What will be monitored

How monitoring will take place Who will conduct the monitoring How monitoring efforts and results will be documented

This QASP does not detail how the contractor accomplishes the work. Rather, the QASP is created with the premise that the contractor is responsible for management and quality control actions to meet the terms of the contract. It is the Government’s responsibility to be objective, fair, and consistent in evaluating performance.

This QASP is a “living document” and the Government may review and revise it on a regular basis. However, the Government shall coordinate changes with the contractor. Copies of the original QASP and revisions shall be provided to the contractor and Government officials implementing surveillance activities.

2. Government Roles and Responsibilities:

The following personnel shall oversee and coordinate surveillance activities:

a. Contracting Officer (CO) - The CO shall ensure performance of all necessary actions for effective contracting, ensure compliance with the contract terms, and shall safeguard the interests of the United States in the contractual relationship. The CO shall also assure that the contractor receives impartial, fair, and equitable treatment under this contract. The CO is ultimately responsible for the final determination of the adequacy of the contractor’s performance.

b. Contracting Officer’s Representative (COR) - The COR is responsible for technical administration of the contract and shall assure proper Government surveillance of the contractor’s performance. The COR shall keep a quality assurance file. The COR is not empowered to make any contractual commitments or to authorize any contractual changes on the Government’s behalf.

3. Performance Standards:

The standards and acceptable quality levels define the desired performance.

The Government performs surveillance to determine if the contractor exceeds, meets or does not meet these standards.

The Performance Requirements Summary Matrix includes performance standards. The Government shall use these standards to determine contractor performance and shall compare contractor performance to the Acceptable Quality Level (AQL).

Task ID Indicator Standard Acceptable

Quality Level

Method of Surveillance

Dental Service Action

(Incentive)

Quality

Timeliness Delivery of product is within the established turn-around time

95% delivered on time

Marked on the Quality Evaluation Sheet (measured by date out & date in to clinic)

Favorable performance rating/exercise of option period

Number of Product Remakes (returned cases)

Number of Remakes should not exceed 5% per quarter

95% do not require remakes

Marked on the Quality Evaluation Sheet

Favorable performance rating/exercise of option period

Number of Substantial Adjustments to Product

Number of Substantial Adjustments should not exceed 10% per quarter

90% do not require substantial adjustments

Marked on the Quality Evaluation Sheet

Favorable performance rating/exercise of option period

Esthetics, Contours, Finish, Occlusion Fit Comfort or Product

Overall Quality Evaluation score to be rated as average to outstanding

95% of time Marked on the Quality Evaluation Sheet

Favorable performance rating/exercise of option period

Invoicing

By the 20th workday of the month after products were provided, contractor shall provide an itemized invoice

All invoices are itemized & billed timely and correctly in accordance with the contract fee schedule

100% of invoices will be billed timely and correctly by the 20th workday of the month after products were provided

Reviewed by COR monthly

Favorable performance rating/exercise of option period

The VISN 23 Dental Service Quality Evaluation Sheet is attached as Appendix A. The Quality

Evaluation Sheet will be used by VA Black Hills Dental Service personnel on a minimum of 5 cases per quarter to assure performance requirements are being met as outlined in table above.

Additional cases will be reviewed as desired or in the event performance is in question.

Electronic copies of the completed Quality Evaluation Sheets will be filed by the COR in the electronic contract file.

4. Contract Performance Monitoring:

a. Monitoring of contractor’s performance shall be done by the Contracting Officer’s Representative (COR). Incidents of contractor noncompliance as evidenced by the monitoring procedures shall be forwarded immediately to the Contracting Officer. Upon award, a Quality Assurance Surveillance Plan will be signed by the Contractor Program Manager and COR, outlining the evaluation criteria to ensure the contractor is aware of the management and quality criteria required to meet the terms of the contract.

b. Frequency of Measurement:

During contract performance, the COR will periodically analyze whether the negotiated frequency of surveillance is appropriate for the work being performed. Quarterly reports are prepared by the COR and sent to the contractor by the CO.

c. Frequency of Performance Assessment Meetings.

The COR shall visit/correspond with the contractor either on an as-needed basis or, at a minimum, once during contract period (middle of contract period and/or end of contract period) to assess performance and shall provide a written assessment. This written assessment will be forwarded to the Contracting Officer as documentation of contractor’s performance and/or for a request to exercise option period, renewal of a contract or termination of a contract.

d. Contractor will review performance measure reports and acknowledge receipt of report by returning a signed copy, along with any comments, to the Contracting Officer within 30 days of receipt of the report.

COR and Contractor’s Acknowledgement of QASP:

Signed:

COR Date Phone:

Signed:

Contractor Name/Title Date Phone:

Appendix A

Dental Lab Quality Evaluation Sheet

VISN 23 Dental Service

Dental Lab

Dentist

Patient ID Number

Product

Date Sent Date Received Turn Around Time Met: Yes / No

Fixed Prosthetics

Outstanding

Good

Average

Fair

Substantial Adjustment

Remake

(explain)

Rx followed

Margins

Proximal contact

Occlusion

Shade

Contour

Finish

Removable Prosthetics

Outstanding

Good

Average

Fair

Substantial Adjustment

Remake

(explain)

Rx followed

Design

Seating

Retention

Occlusion

Finish

Overall Quality Evaluation Score 5 4 3 2 1

B.4 PRICE/COST SCHEDULE

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0.00 EA __________________ __________________

DENTAL FIXED AND REMOVABLE APPLIANCES

Explanation/Complaints/Additional Comments:

POP Begin: 10-01-2022 POP End: 09-30-2027

DIAGNOSTIC WAX-UPS

TEMPORARY CROWNS AND BRIDGES

Contract Period:

MODEL, DIE, AND ARTICULATE

Contract Period:

ALL METAL CROWNS AND BRIDGES

Contract Period:

PORCELAIN FUSED TO METAL CROWNS AND BRIDGES

Contract Period:

PRESSED AND LAYERED IPS E.MAX CROWNS

Contract Period:

SOLID ZIRCONIA CROWNS AND BRIDGES

Contract Period:

ALL PORCELAIN CROWNS AND VENEERS

Contract Period:

MARYLAND BRIDGES

Contract Period:

CAST POST AND CORES

Contract Period:

MANUFACTURE SPECIFIC CUSTOM IMPLANT ABUTMENTS

Contract Period:

IMPLANT CROWNS

Contract Period:

HYBRID FIXED PROSTHESES

Contract Period:

COMPLETE DENTURES (INCLUDING CUSTOM TRAYS, BITE RIMS,

SET-UP, PROCESSES & FINISH)

Contract Period:

IMPLANT OVERDENTURES (INCLUDING CUSTOM TRAYS, BITE RIMS,

SET-UP, PROCESSES & FINISH)

Contract Period:

BARS AND ATTACHMENTS FOR OVERDENTURES

Contract Period:

CAST PARTIAL DENTURES (INCLUDING VITALLIUM CAST

FRAMEWORKS, SET-UPS, PROCESS AND FINISH)

Contract Period:

ALL ACRYLIC PARTIAL DENTURES (INCLUDING THOSE WHICH

REQUIRE CAST OR WROUGHT WIRE CLASPS, SET-UP, PROCESS &

FINISH)

Contract Period:

FLEXIBLE PARTIAL DENTURES (SET-UPS, PROCESS AND FINISH)

Contract Period:

DENTURES PROCESSED IN LUCITONE 199 OR IVOCAP

Contract Period:

PORTRAIT IPN DENTURE TEETH

Contract Period:

COMPLETE AND PARTIAL DENTURE REPAIR AND STRENGTHENER

Contract Period:

COMPETE AND PARTIAL DENTURE RELINES AND REBASES

Contract Period:

OBTURATORS, PALATAL AUGMENTATION PROSTHESIS, PALATAL

LIFTS (INCLUDING CUSTOM TRAYS, BITE RIMS, SET-UP, PROCESSES

& FINISH)

Contract Period:

FLUORIDE TRAYS

Contract Period:

OCCLUSAL GUARDS AND SPLINTS

Contract Period:

BRUXZIR SOLID ZIRCONIA CROWNS AND BRIDGES

Contract Period:

ACRYLIC NIGHT GUARDS

Contract Period:

BITE SPLINTS

Contract Period:

CUSTOM ACRYLIC IMPRESSION TRAYS

Contract Period:

CUSTOM IMPLANT ABUTMENT WINGS

Contract Period:

CUSTOM TRAYS

Contract Period:

FLEXIBLE PARTIALS FUNCTIONAL APPLIANCE

Contract Period:

FLIPPERS /ACRYLIC PARTIALS AND REPAIRS

Contract Period:

IMMEDIATE DENTURES

Contract Period:

MOUTHGUARD/NIGHTGUARD

Contract Period:

PORCELAIN REPAIR

Contract Period:

RELINES

Contract Period:

SLEEP APNEA APPLIANCE/OBSTRUCTIVE SLEEP APPLIANCE

Contract Period:

GRAND TOTAL __________________

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(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; 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

PRODUCTS AND COMMERCIAL SERVICES

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

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

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

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

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

(End of Clause)

FAR

Number

Title Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

JUN 2020

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON

POSTCONSUMER FIBER CONTENT PAPER

MAY 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE

AND REPRESENTATION

JUN 2020

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

NOV 2021

C.3 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 10/01/2022 through 09/30/2027.

(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.

C.4 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

(a) The Contractor shall conform to the standards established by: American Dental Association as to certified raw materials in the fabrication of dental product.

(b) The Contractor shall submit proof of conformance to the standard. This proof may be a label or seal affixed to the equipment or supplies, warranting that the item(s) have been tested in accordance with the standards and meet the contract requirement. Proof may also be furnished by the organization listed above certifying that the item(s) furnished have been tested in accordance with and conform to the specified standards.

(c) Offerors may obtain the standards cited in this provision by submitting a request, including the solicitation number, title and number of the publication to: American Dental Association shavokie.gibson@va.gov

(d) The offeror shall contact the Contracting Officer if response is not received within two weeks of the request.

(End of Clause)

C.5 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

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

Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

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

[] 852.214–71, Restrictions 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.

[] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business

Evaluation Factors.

[] 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.

[X] 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.

[X] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

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

[] 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.6 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.7 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 the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

C.8 VAAR 852.219-78 VA NOTICE OF LIMITATIONS ON

SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND

PRODUCTS (SEP 2021) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(k)(2), the offeror certifies that—

(1) If awarded a contract (see F(a)FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

[Offeror check the appropriate box]

(i) [ ] In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not…