S02-36C79126R0003.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

36C79126R0003 04-02-2026

Bradley Geghan 303-273-6214 05-01-2026

1200 MDT

36C791 Department of Veterans Affairs Commodities & Services Acquisition Svc (003B6E) 555 Corporate Circle Golden CO 80401-5621

X 100

X

334510

1250 Employees

N/A

Department of Veterans Affairs Commodities & Services Acquisition Svc

Commodities & Services Acquisition Svc (003B6E)

Commodities & Services Acquisition Svc (003B6E)

See CONTINUATION Page

Hearing Aid Parts and Accessories - Commercial

This solicitation is an Indefinite Delivery Indefinite Quantity (IDIQ) requirement that may award up to two (2) contracts.

The minimum guarantee for this contract is $1,000.00.

Pursuant to FAR 15.404-1(a), the total maximum quantity of supplies under the basic contract for all awardees combined shall not exceed $6.8 million including the base and all option periods.

All quantities in the schedule of items are estimates only.

Questions pertaining to the solicitation must be submitted via email no later than April 9, 2026, at 1200 MDT.

See CONTINUATION Page

36C79126R0003

Bradley Geghan

VA-OPAL-NAC-2023-0031

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 STATEMENT OF WORK

B.2.1 INTRODUCTION / BACKGROUND / OBJECTIVES

The objectives are to:

B.2.2 SCOPE OF WORK

B.2.3 Period of Performance

B.2.4 IF APPLICABLE, INTERNATIONAL STANDARDS ORGANIZATION (ISO)

and INTERNATIONAL ELECTROTECHNICAL COMMISSION (IEC)

B.2.5 COMMERCIAL PACKAGING

B.2.6 ORDERING PROCEDURES and INFORMATION

B.2.7 INVOICING/ELECTRONIC COMMERCE SYSTEMS

B.2.8 SHIPPING REQUIREMENTS

B.2.9 INSPECTION AND ACCEPTANCE AND WARRANTY

B.2.10 DELIVERY

B.2.11 PRODUCT MODIFICATION, REMOVAL OR RECALL:

B.2.12 OBSOLETE PARTS AND ACCESSORIES DUE TO TECHNOLOGY

UPGRADES

B.2.13 NOTIFICATION OF SUBSTITUTED AND BACK-ORDERED

B.2.14 CONTRACT MODIFICATIONS

B.2.15 CONTRACT ADMINISTRATION KEY POINT OF CONTACTS

B.2.16 GUARANTEED MINIMUM

B.2.17 CONTRACT CEILING AMOUNT

B.2.18 MINIMUM TECHNICAL REQUIREMENTS

B.2.19 QUALITY CONTROL and QUALITY ASSURANCE

B.2.20 PERFORMANCE REQUIREMENT SUMMARY

B.3 IT CONTRACT SECURITY

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 (NOV 2025) (DEVIATION)

C.5 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

C.6 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.7 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR

2000)

C.8 52.225-1 BUY AMERICAN—SUPPLIES (NOV 2025) (DEVIATION)

C.9 52.225-8 DUTY-FREE ENTRY (OCT 2025)

C.10 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

C.11 52.242-15 STOP-WORK ORDER (AUG 1989)

C.12 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

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

(DEVIATION)

C.13 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON

SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND

PRODUCTS (JAN 2023) (DEVIATION)

C.14 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT

REQUESTS (NOV 2018)

C.15 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT

2020)

C.16 VAAR 852.247-72 MARKING DELIVERABLES (OCT 2018)

C.17 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018) 67

C.18 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) .. 67

C.19 MANDATORY WRITTEN DISCLOSURES

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

AND COMMERCIAL SERVICES (SEP 2023)

E.1.1 Addendum Instruction To Offerors

E.1.2 Contract Line Items Requested:

E.2 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES

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

2018)

E.4 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)

E.5 52.225-2 BUY AMERICAN CERTIFICATE (OCT 2022)

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

E.7 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS

REPRESENTATIONS AND CERTIFICATIONS (NOV 2025) (DEVIATION)

E.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE (FEB 1998)

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 36C791

Commodities & Services Acquisition Svc

(003B6E)

555 Corporate Circle

Golden CO 80401-5621

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 [X] Monthly

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

B.2.1 INTRODUCTION / BACKGROUND / OBJECTIVES

The Department of Veterans Affairs (VA) Commodities and Services Acquisition Service (CSAS) and the Denver Logistics Service (DLS) manage holistic supply chain management for the VA National Audiology, Prosthetics, and Telehealth Programs and supports VA and other Government agencies with professional acquisition and logistical services. The Department of Veterans Health Administration (VHA) National Audiology and Speech Pathology Service Program Office (ASPS) have identified the need to procure commercial non-proprietary hearing aid parts and accessories for prescribed customer Hearing Aids through CSAS and the DLS to meet Veteran Patient Care needs. One of the goals of VHA is to standardize the Veteran care process to obtain user uniformity and quality service/products.

The VA has identified commercial off the shelf (COTS), non-proprietary Hearing Aid Device Parts & Accessories as preferred products for this contract to meet the needs of eligible Veterans, their beneficiaries and other approved government agencies.

The objectives are to:

(a) Obtain quality products at lower than current open-market prices.

(b) Ensure availability and consistency of product for nationwide usage while integrating the DLS Remote Order Entry System (ROES) program for ordering. Products will be ordered using ROES.

(c) Improve operating efficiency throughout the VA.

(d) This contract will also allow for higher level of effective communication between the Government and Contractor, which is essential for partnering for this performance-based contract to succeed. The success of this contract is shared between the Government and the Contractor.

B.2.2 SCOPE OF WORK

VA's purpose under this solicitation and resulting contract is to obtain commercial off the shelf (COTS) non-proprietary hearing aid parts and accessories while securing a continuous supply of products. These products are purchased by the DLS for stocking, distribution, and assignment to individual VA medical facilities and subsequent issuance to Veteran patients. This requirement provides the contractor with a single point of contact for all ordering activity under the contract. VA DLS will electronically place purchase/delivery orders to awarded contractor or contractors for restocking via designated DLS Ordering Officers (OO). Additional orders may be placed by the CO and duly appointed OOs to replenish depleted stock.

VA has been providing COTS hearing aid parts and accessories to eligible Veterans and beneficiaries of other government agencies (OGA), specifically the Department of Defense and Indian Health Affairs, for multiple years. The need for COTS hearing aid parts and accessories is to support hearing aid devices for Veterans has increased steadily over the years. To meet the increasing demand with the highest level of technology at the lowest prices, VHA National Audiology and Speech Pathology Service Program Office (ASPS) has worked in conjunction with DLS/CSAS to develop contracts for parts and accessories for hearing devices that provide the best value.

The Department of Veteran Affairs intends to solicit a firm fixed priced (FFP) Indefinite Delivery Indefinite Quantity (IDIQ) requirement resulting in up to two (2) contract awards. The solicitation requirement shall secure large volume discounts on orders generated by the VA and OGAs. The contract will fulfill the supply requirement in support of the Customized (Prescription) Hearing Aid Devices and Repairs Services national contracts. Implementation of the contract will be accomplished by the DLS/CSAS under the purview of VHA National ASPS Program Office.

The contractor(s) shall provide an uninterrupted source of supply of various Hearing Aid Parts and Accessories that meet or exceed the specifications and deliver within the terms of the contract. Delivery shall take place within twenty (20) business days of the delivery order issuance. The delivery orders placed by DLS shall indicate the specific items ordered, item quantities, and all necessary delivery and payment procedures.

The Contractor(s) shall provide hearing aid parts and accessories for the following types of prescription digital hearing aids: custom (CHA), behind-the-ear (BTE); receiver-in-the-canal (RIC), Completely-in-Canal (CIC) and wireless systems.

Product Descriptions

COTS Hearing Aid Parts:

(a) For the purpose of this contract, a hearing aid part is any component used in the direct manufacture or assembly of the hearing aid that helps capture, process and deliver amplified sound into the ear. These items are designed to fit a wide range of devices and are essential for maintenance, comfort and enhanced functionality of the aid. If it does not fit under this condition exactly, vendors will use a logical, commercial, industry-standard assessment to determine if the item is intuitively considered a hearing aid part.

(b) If a hearing aid part does not meet the above definition, the contracting officer reserves the right to accept or reject proposed item as a hearing aid part.

COTS Hearing Aid Accessories:

(a) For the purpose of this contract, a hearing aid accessory is defined as any item that is not included in the direct manufacture or assembly of the hearing aid but is necessary to enhance the use and care of the hearing aid device These items are designed to fit a wide range of devices and are essential for maintenance, comfort and enhanced functionality. If it does not fit under this condition exactly, vendors will use a logical, commercial, industry-standard assessment to determine if the item is intuitively considered a hearing aid accessory.

(b) These parts and accessories shall be intended for use by the Veteran when working with or maintaining their hearing aid.

B.2.3 Period of Performance This solicitation/contract award will result in a FFP IDIQ contract for one (1) base year period of June 1, 2026, or effective date, whichever is later, through May 31, 2031, consisting of four (4) one-year option periods.

Period of Performance:

(1) Base Year June 1, 2026, through May 31, 2027

(2) Option Year 1 June 1, 2027, through May 31, 2028

(3) Option Year 2 June 1, 2028, through May 31, 2029

(4) Option Year 3 June 1, 2029, through May 31, 2029

(5) Option Year 4 June 1, 2030, through May 31, 2031

B.2.4 IF APPLICABLE, INTERNATIONAL STANDARDS ORGANIZATION (ISO) and

INTERNATIONAL ELECTROTECHNICAL COMMISSION (IEC)

The Contractor shall not have any outstanding actions from the ISO, IEC or other regulatory agencies or unresolved ISO, or IEC warning letters on the manufacturing processes or quality control issues involving the products covered by this contract within the last three years. VA will require proof from the Contractors that the ISO, or IEC issues have been resolved. A letter to the Contractor from the regulatory agency, ISO or IEC will meet this requirement. Items involved in a recall cannot be added into this contract via modification until the recall is resolved. A distributor shall obtain ISO or IEC warning and resolution letters from its authorized manufacturer, as applicable. However, once the contract is in effect, if the Contractor is found to have an issue from ISO, IEC or other regulatory agencies, the Contractor shall notify the CO of the issue and resolution.

B.2.5 COMMERCIAL PACKAGING

Items supplied under the contract shall be individually commercially packaged in a manner which ensures arrival at destination in a satisfactory condition (not damaged due to packaging failures during normal handling) for further redistribution to individual users. Packaging should not include cross-selling literature for other products. Refer to B.2.8 for further packaging details.

B.2.6 ORDERING PROCEDURES and INFORMATION The Contracting Officer may designate representatives and alternate representatives to place orders against this vehicle, hereby referred to as ordering officers (OO) who will work with the contractor to minimize any supply chain management issues. The DLS shall perform the ordering, receiving, and supply distribution process. The DLS shall issue delivery orders to the contractor which shall indicate the specific item(s) ordered, the quantities of the item(s) ordered, and all necessary delivery and invoicing procedures.

(a) DLS OO creates purchase orders which are sent to the contractor for processing, via email or electronic data interchange (EDI). These orders are for the purpose of maintaining DLS inventory to meet anticipated VHA demand and/or to fulfill specific VHA requests for ‘buy on demand’ items on contract. Contractors shall verify receipt of such orders for parts and/or accessories by email, facsimile, or phone, to the individual placing the order, within two (2) business days of receipt of the purchase order.

(b) Ordering procedures are performed by the OO at the DLS. Ordering Officers do not have the authority to negotiate, determine price reasonableness, or determine best value. Each ordering officer’s designation will define the scope and limitation of the designee’s authority, and a copy of the designation will be provided to the contractor.

(c) The Contractor shall provide the products specified in the schedule directly to the VA DLS at the prices awarded herein and under the terms and conditions set forth in the contract upon receipt of a delivery order signed by an OO and/or CSAS CO with purchasing authority on behalf of the DLS.

(d) DLS delivery orders will be sent electronically to the Contractor. Upon receipt of delivery order from the DLS, the Contractor shall fulfill the order and ship the items to the DLS address noted on the purchase order.

(e) Hearing aid parts and accessories will be ordered from time to time in such quantities as needed to fill agency requirements determined in accordance with current applicable supply procedures. The Contractor will be obligated to deliver all hearing aid parts and accessories that may be ordered during the term of the contract. There is no expressed or implied guarantee that the quantities will be ordered regularly. Refer to Section B.2.16 regarding guaranteed minimum.

To exclude:

(1) Hearing aid compatible wireless accessories defined as a system designed to interface hearing aids through any wireless technology.

(2) Assistive listening devices.

B.2.7 INVOICING/ELECTRONIC COMMERCE SYSTEMS

The contractor shall confirm receipt of delivery orders from CSAS CO and/or OO within two (2) business days.

The contractor shall comply with VA Acquisition Regulation (VAAR) 852.232-72, Electronic Submission of Payment Requests, and the following business processes regarding invoicing. Invoices submitted for payment shall be in accordance with FAR 52.212-4(g) and shall be submitted in arrears as supplies are ordered. Payment will occur after supplies are received.

(a) Vendor Electronic Invoice Submission Method:

Fax, email, and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted data transmissions below.

Invoices shall be submitted electronically according to the accepted data transmissions below.

(1) VA’s Electronic Invoicing System-The FSC uses a free, third-party contractor (Tungsten) to submit invoices electronically to the VA. Tungsten’s website is http://www.tungsten-network.com/US/en/Veterans-affairs/

(2) Tungsten is a system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI).

(b) Vendor E-Invoice Set-up Information:

Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center in Austin, TX for payment processing. If you have questions about the e-invoicing program or Tungsten, please contact Tungsten or the FSC at the phone numbers or email addresses listed below.

(1) Tungsten e-Invoice setup information: 1-877-489-6135

(2) Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com

(3) FSC e-Invoice contact information: 1-877-353-9791

(4) FSC e-Invoice email: vafsccshd@va.gov

(5) http://www.fsc.va.gov/einvoice.asp

Agency: Department of Veterans Affairs / Denver Logistics Service

Name/Title: Attention Fiscal Division

Address: PO Box 25166, Denver, CO 80225-0166

Federal Express Address: 555 Corporate Circle, Golden, CO 80401 http://www.tungsten-network.com/US/en/veterans-affairs/ mailto:vafsccshd@va.gov http://www.fsc.va.gov/einvoice.asp

Email Address: DALC.FISCAL@va.gov

Subject Line for Email: Station 791

Phone Number: (303) 273-6231

B.2.8 SHIPPING REQUIREMENTS

The following shipping instructions shall be adhered to when shipping to the DLS:

(a) Contractor shall provide postage paid shipping to any address provided by the OO from DLS or CO from an outside agency ordering off this contract.

(b) Expedited/Urgent Delivery: Expedited and/or Urgent delivery may be required.

Whether it is required will be specified in the delivery order. When the contract delivery schedule does not specify expedited or urgent delivery requirements, the CO or OO may contact the Contractor for the purpose of obtaining accelerated delivery. The Contractor shall reply to the inquiry within one (1) business day after receipt (The Contractor shall confirm telephone replies in writing). If the Contractor agrees to accelerate the delivery, the ordering facility would be responsible only for the difference between the standard shipping charges and any excess charges related to the accelerated delivery.

**Note: This does not apply if the contractor is accelerating the shipping in order to meet the normal contract delivery schedule per the delivery order.

(c) The Contractor is responsible for all delivery costs when regular delivery and agreed upon urgent orders requested by the OO or CO are indicated on the purchase order.

(d) Back Orders: When parts and/or accessories are on backorder and cannot meet the minimum day delivery requirement, the VA reserves the right to request expedited delivery for items once available, when needed as soon as possible. The Government is not responsible for any expedited delivery charges.

(e) Hearing aid parts/accessories shipments shall meet the following requirements:

(1) Each item will be identified and labeled by contracted part number per Attachment 2.

(2) All items on the purchase order shall be shipped to the “ship to” address designated on the purchase order.

(3) A packing slip shall be included in each individual container shipped whether attached to the outside of each individual shipping container or on the inside of the shipping container.

(4) The purchase order number will be marked clearly on the outside of the shipping container (on the container itself or on the shipping label) and on the packing slip.

(5) If the shipment includes items from multiple purchase orders, all applicable purchase order numbers shall be indicated on each container or label.

(6) The outside of the shipping container shall be marked “Hearing Aid Parts and Accessories”. If the shipment includes multiple containers, the containers shall be marked to indicate the total number in the shipment (e.g., 1 of 2 and 2 of 2).

(7) If the purchase order contains multiple items and some items are on backorder, the contractor shall ship the items that are available and shall not hold the purchase order until backordered items are available.

(f) The packing slip for all shipments shall include:

(1) VA Purchase Order Number

(2) Vendor Name

(3) Vendor Part Number

• If manufacturer part number deviates from contracted part number, a new Attachment 2 must be submitted and approved by the Contracting Officer.

(4) Item Description

• VA DLS or Outside Agency Name shall be used in the description if possible or industry accepted description that is clearly identifiable.

(5) Unit of Purchase indicated on VA contract

(6) Packaging Multiple (to designate shipment arriving in multiple packages and what is in each separate box in the shipment)

(7) Quantity Ordered according to purchase order

(8) Quantity Delivered according to physical items delivered as a part of the shipment

(9) Quantity Backordered if items were partially shipped

(10) Line-Item Total Cost

(11) Total Cost of Purchase Order

(12) All items delivered shall adhere to shipping requirements listed above regardless if shipped by contractor or drop-shipped from manufacturer at no additional cost to the VA.

(13) If not individually wrapped, the contractor shall describe the packaging of parts.

B.2.9 INSPECTION AND ACCEPTANCE AND WARRANTY

INSPECTION AND ACCEPTANCE

The acceptance in accordance to FAR Clause 52.212-4(a) is based upon the assumption that the Government will rely on the Contractor’s assurances that the commercial item tendered for acceptance conforms to the IDIQ requirements. 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 (30 calendar days) 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.

COMMERCIAL WARRANTY

If the contractor provides commercial warranty to the public for any of the items included in this requirement the contractor shall offer the same commercial warranty as applicable to the item. However, many line items have minimum warranty terms please ensure that items offered meet these minimums. Commercial warranties will vary by product and listed in the minimum technical requirements. The vendors must be able to maintain product continuity and usage during times when demands may peak. The contractor shall provide a point of contact in the appropriate box on Attachment 5 “Key Points of Contact” for the Denver Logistics Service to initiate the warranty process.

The contractor’s obligations under warranties extend to all defects discovered during the warranty period, but do not include damage caused by the Government. The warranty/defect replacement shall be sent to the DLS and a notification of defect and replacement to the COR, Jennifer.Matens@va.gov or ACOR Frank.Gallegos@va.gov

The packaging and preservation requirements of the contract shall require the contractor to stamp or mark the supplies delivered or otherwise furnish notice with the supplies of the existence of the warranty.

The contractor shall provide comprehensive warranty information/documentation for all parts and accessories outlined in this contract. This documentation must go together with the pricing submission and include detailed terms and conditions of the warranty, such as the duration of the coverage and any limitations or exclusions.

B.2.10 DELIVERY

(a) Delivery is Free-on-board (FOB) destination.

(b) The Government requires delivery to be made according to the following schedule:

(1) Required Delivery Schedule.

(i) Parts / Accessories – 20 business days after receipt of order.

(c) Delivery of hearing aid parts and accessories shall be made to the address listed on the purchase order.

(d) Delivery schedules specified on purchase orders issued against the resulting contract are the dates materials are due in, not the shipping dates. The government must be notified immediately if there are delays anticipated. The government will reserve the right to cancel the order and have the contents returned to the originator for repair through possible other sources.

mailto:Jennifer.Matens@va.gov mailto:Frank.Gallegos@va.gov

(e) Expedited Delivery: When the contract delivery schedule does not meet any urgent delivery requirements of the ordering activity, the Government reserves the right to request accelerated deliveries under this contract. In the event the Government desires expedited delivery, the ordering activity shall telephonically contact the Contractor and inquire into the feasibility of obtaining accelerated delivery. The Contractor shall respond to the inquiry within two (2) business days of the order being placed during (Monday through Friday); for orders placed outside of normal business days then the order shall be responded/confirmed by the following operating business day. If the Contractor agrees to an accelerated delivery schedule acceptable to the ordering activity, no additional shipping charges will be incurred as a result of the accelerated delivery.

(f) The contractor is responsible for all delivery costs when regular delivery and agreed upon urgent orders requested by the COR or CO are indicated on the purchase order. If the expected delivery date falls outside of the 20 business days, the contractor is responsible for additional delivery costs for expedited delivery.

(g) Back Orders. When parts and accessories are on backorder and cannot meet the twenty (20) business days delivery requirement, the VA reserves the right to request expedited delivery for items once available, when needed as soon as possible. The Government is not responsible for any expedited delivery charges.

B.2.11 PRODUCT MODIFICATION, REMOVAL OR RECALL:

(a) Modifications to Attachment 2, Parts and Accessories List may be made up two (2) times a year for implementation on as needed basis. Contractors wishing to update their Attachment 2 will submit their requests to the contracting officer. (b) Contractors shall provide a compatibility sheet to the DLS contracting officer stating which parts and accessories are compatible with each hearing aid model.

(c) If any product awarded under this this solicitation is removed or recalled by the contractor or manufacturer due to defects in the product or potential dangers to patients, or if any product modification, removal or recall is suggested or mandated by a regulatory or official agency, the following steps will immediately be taken by the contractor or manufacturer:

(a) Notify the contracting officer (CO) via email at Bradley.geghan@va.gov or the contracting specialist (CS) at Bryan.Crist@va.gov. Provide copies of the notification to the CO and COR, which shall include, but not be limited to the following:

1) Complete item description and/or identification, order numbers from customers and the contract number assigned as a result of an award on this solicitation.

2) Reasons for modifications, removal or recall.

3) Necessary instructions for return for credit, replacement or corrective action.

(b) A copy of the notification in (a) above shall be provided to:

Manager, Product Recall Office National Center for Patient Safety Veterans Health Administration 24 Frank Lloyd Wright Drive, Lobby M Ann Arbor, MI 48106

B.2.12 OBSOLETE PARTS AND ACCESSORIES DUE TO TECHNOLOGY

UPGRADES

When technology upgrades provide improved capabilities and performance to the hearing aid contracts and render current parts and accessories obsolete, any stock currently on hand at the DLS may be returned to the vendor for a full credit or exchanged at no additional cost for the upgraded or replacement technology. This applies only to parts and accessories stocked at the DLS. The DLS must return obsolete parts to the vendor within 60 days following the vendor’s delivery of the upgraded or replacement items.

B.2.13 NOTIFICATION OF SUBSTITUTED AND BACK-ORDERED

The Contractor shall notify the authorized purchaser point of contact within one (1) business day for non-emergency orders and within four (4) hours of an emergency order if any parts/materials cannot be delivered in accordance with the individual delivery order requirements. To ensure that the correct items are shipped, the Contractor shall not substitute items without prior approval by order point of contact.

Instances where the Contractor cannot meet the Government’s requirement(s), the Contractor shall notify the order point of contact of the shortest delivery period available.

If the Contractor’s shortest delivery period is not acceptable to the Government, the Government reserves the right to procure the item(s) from other sources.

mailto:Bradley.geghan@va.gov mailto:Bryan.Crist@va.gov

The contractor agrees to supply established item(s) to satisfy the Government’s requirement when an order is placed under the contract during the duration of the effective period of the contract. If, however, contractor determines to terminate production or supply of the selected item and contemplates replacement with alternative item, the Government reserves the right to evaluate the potential replacement item(s).

There is no guarantee that the Government will evaluate any replacement item(s) favorably. If the Government determines the replacement item(s) as unacceptable, the individual item(s) may be cancelled.

Replacement with Alternative Supply

The Contractor agrees to supply established item(s) to satisfy the Government’s requirement when an order is placed under the contract during the duration of the effective period of the contract. If, however, Contractor determines to terminate production or supply of the selected item and contemplates replacement with alternative item, the Government reserves the right to evaluate the potential replacement item(s).

There is no guarantee that the Government will evaluate any replacement item(s) favorably. If the Government determines the replacement item(s) as unacceptable, the individual item(s) may be cancelled.

Waiver – National Disaster

For purposes of this section, a major disaster is considered to be a natural or manmade event of national or regional proportion that causes significant disruption to public life.

Hearing Aids Parts and Accessories, that are lost as a direct result of a major disaster or a disruptive event of national or regional proportion may be replaced if agreed upon and coordinated with the VA DLS, CSAS and authorized individuals at the manufacturer.

B.2.14 CONTRACT MODIFICATIONS

The IDIQ contract may only be modified by written modification, executed by a CSAS warranted CO. The Contractor shall not provide products that are not expressly awarded in the contract or order.

B.2.15 CONTRACT ADMINISTRATION KEY POINT OF CONTACTS

The Contractor shall contact the Contracting Officer on all matters pertaining to administration. Only the Contracting Officer is authorized to make commitments or issue changes that will affect the price, quantity, delivery, or terms of the contract. The Contractor shall designate a person to serve as the contract administrator for the contract. The contract administrator is responsible for overall compliance with contract terms and conditions. Any changes to the designated individual must be provided to the Contracting Officer, in writing, with the proposed effective date of the change. The following individuals will handle all contract administration issues:

(a) Contractor. Contractors must maintain a letter designating primary or primary/alternate point of contact(s) with contractual authority to be contacted for prompt contract administration. Designation should be on company letterhead with the following information:

Name(s); Title(s); Address; Email Address(es); and Phone.

If multiple individuals are noted, primary and alternate should be identified. This letter will be provided to the individual(s) named in Paragraph B.1(a).

(b) Government Agency.

Agency: Department of Veterans Affairs Denver Logistics Service

Address: PO Box 25166, Denver, CO 80225

Federal Express Address: 555 Corporate Circle, Golden, CO 80401

Contracting Officer: Bradley Geghan

Email: Bradley.Geghan@va.gov

Phone: (303) 273-6214

Contracting Specialist: Bryan Crist

Email: bryan.crist@va.gov

Phone: 303-497-2325

B.2.16 GUARANTEED MINIMUM

(a) The minimum amount of services or supplies that the Government agrees to order per contract is $1,000.00. If option periods are exercised, the contract will be deemed to be extended by the term of the option and there will be no change to the stated guaranteed minimum. If the minimum is not ordered by the expiration date of the contract, the Government will pay (upon request) the difference between the amount ordered and the $1,000.00. Request for payment of any amount due shall be submitted in writing to the Contracting Officer within 30 days after the end of the contract period.

(b) The guaranteed minimum does not apply if the contract is terminated for cause.

(c) The sole purpose of the funds provided by the accounting data in block 25 of the SF

1449 is to fund the guaranteed minimum of $1,000.00 as stated herein.

(d) Once the guaranteed minimum has been satisfied, the Government is under no further obligations to place orders under this contractual vehicle.

B.2.17 CONTRACT CEILING AMOUNT

The total maximum value of supplies that the Government may order during the contract period, which includes the base plus all option years will be $6,500,000.00 for all IDIQ contracts (up to two (2) contracts).

B.2.18 MINIMUM TECHNICAL REQUIREMENTS

The contractor must retain distributor documentation of all products that they have listed in Attachment 2 – Parts and Accessories List in the Tab called “Current List.” As a distributor, the contractor must have a letter of commitment for all current distributor relationships. The source of supply shall remain sufficient to satisfy the Government requirements for the duration of the contract period of performance to include base and option periods.

The Letter of Commitment must include the following:

I. Be on the manufacturer’s own company letterhead.

II. Note the commitment by the product name, brand, product country of origin and information on shipment procedures.

III. Contractor must attest in writing whether or not their products being offered are in compliance with the Non-Manufacturer Rule and Buy American Act (BAA).

IV. Identify the manufacturer’s UEI, TIN, and FDA Registration for the current year (if

FDA registration is applicable).

V. Identify the time frame of shipments to Freight On Board (F.O.B) destination upon receipt of order from the government; and VI. State an overview of how the contractor’s business relationship works between manufacturer and distributor and include the contractor’s shipment procedures.

Commercial Warranty Information

All products within Attachment 2 – Parts and Accessories List in the Tab called “Current List,” shall supply evidence of the manufacturer’s commercial warranty. If the manufacturer offers a commercial warranty to the public, the contractor must provide evidence of manufacturer’s commercial warranty in Column 22 – “Commercial Warranty Information.” The manufacturer’s commercial warranty shall provide an identical warranty for this contract and describe the length and terms of the warranty per product.

B.2.19 QUALITY CONTROL and QUALITY ASSURANCE This section describes the Quality Control component for this effort. The following subsections provide details of various considerations on this effort.

Quality Control:

(1) The Contractor(s) shall develop a Quality Control Plan (QCP) to maintain an effective quality control program to ensure services are performed in accordance with this SOW.

(2) The Contractor(s) shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services and/or supplies.

(3) The Contractor’s QCP is the means by which he/she assures himself/herself that his/her work complies with the requirements of the contract.

(4) The finalized QCP shall be submitted within fifteen (15) business days after award.

The Contracting Officer may notify the Contractor(s) of required modifications to the plan during the period of performance. The Contractor(s) then shall coordinate suggested modifications and obtain acceptance of the plan by the Contracting officer.

Any modifications to the program during the period of performance shall be provided to the Contracting Officer for review no later than ten (10) business days prior to effective date of the change. The QCP shall be subject to the Government’s review and approval.

The Government may find the QCP “unacceptable” whenever the Contractor’s procedures do not accomplish the quality control objective(s). The Contractor(s) shall revise the QCP within 10 (days) from receipt of notice that QCP is found “unacceptable.” At a minimum, the Contractor’s QCP shall address the following items:

1. Methods – The Contractor’s methods for identifying and preventing deficiencies in the quality and timeliness of services performed before the level of performance become unacceptable. The Contractor(s) shall describe the method of verifying qualified and experienced professionals required for compliance with the SOW.

2. Performance Inspections – The Contractor’s inspection system that covers all the supplies listed in the Performance Requirements Summary (PRS). The inspection system must specify if the Contractor(s) shall inspect/review the supplies on a scheduled or unscheduled basis, how frequently the Contractor(s) shall accomplish the inspections, and the title(s) of the individual(s) who will perform the inspections.

3. Remedies for Unsatisfactory Performance – The Contractor(s)’s methods for correcting any deficiencies in the quality and timeliness of services performed.

Within five (5) calendar days of notification by the CO of any deficiency in the quality of services/supplies, the Contractor’s designated quality control representative shall meet with the Contracting Officer’s Representative (COR) to discuss the unsatisfactory findings. The Contractor’s designated quality control representative shall have the authority to cause the necessary remedies to be accomplished. Such remedies shall be made with a time period agreed upon by the COR.

4. Quality Assurance Surveillance Plan (QASP - Attachment 3)

5. The Government will monitor the Contractor’s performance under this contract by tracking the reporting deliverables in Attachment 3;

6.The VA has developed a QASP for the services required under this SOW. The primary intent of this plan is to provide the Government’s COR a basis for evaluating the quality of performance the Contractor(s) provides during the life of the IDIQ. The QASP is not part of the IDIQ, nor is it intended to duplicate the Contractor’s QCP.

The Government has provided an information copy of the QASP, located in

Attachment 3. The Government is providing this copy to support the Contractor’s efforts in developing a QCP and for providing the opportunity to comment and propose innovative solutions to the Government. The QASP is a living document the Government will revise or modify as circumstances warrant.

Performance Objective SOW Section Performance Standard (and AQL)

Method of Performance Assessment

Inspection & Acceptance B.2.9 Monthly Report: 97% no product defects

COR will Report monthly to CO

Delivery Timeliness B.2.10 Monthly Report:

Products shall be delivered to DLS within 20 days (95%)

COR will Report monthly to CO

Maintain ISO Standards (if applicable)

B.2.4 Maintain 100% compliance as applicable to the product

Review based on expiration date.

B.2.20 PERFORMANCE REQUIREMENT SUMMARY

The performance requirement summary defines the performance standards and acceptable performance levels associated with this IDIQ contract and resulting orders.

Confirmation receipt of delivery orders

B.2.6 Monthly Report: At least 95% of orders must be acknowledged from first contact by contractor

COR will Report monthly to CO

Delinquent/Backordered Reports

B.2.13 Contractor shall notify the authorized purchaser point of contact within one (1) business day for non-emergency orders and within four (4) hours of an emergency order if any parts/materials cannot be delivered in accordance with the individual delivery order requirements.

Review of Report by CO, OO, COR.

Quality Control Plan B.2.18 The finalized QCP shall be submitted within fifteen (15) business days after award.

Submit to

CO/COR

Technical Refresh/Product Modification

B.2.11 Contractors wishing to update their Attachment 2 will submit their requests to the contracting officer. (b) Contractors shall provide a compatibility sheet to the DLS contracting officer stating which parts and accessories are compatible with each hearing aid model.

Review of Report by

CO/OO/COR

as needed

The Contractor’s performance shall be evaluated based on standards in the table below.

The Contractor’s performance on the IDIQ will be reported to the Contractor Performance Assessment Reporting System (CPARS) on an annual basis. The CO and COR will make use of information from the Contractor Discrepancy Reports (CDRs) (Attachment 6), as well as any additional knowledge and information available to them with respect to the Contractor’s performance, to complete the CPARS. Contractors shall familiarize themselves with the CPARS process and be prepared to respond to reports entered by the CO and COR.

B.3 IT CONTRACT SECURITY

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

1. GENERAL

Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.

d. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.

e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor's employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

3. VA INFORMATION CUSTODIAL LANGUAGE

a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).

b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor's information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA's information is returned to the VA or destroyed in accordance with VA's sanitization requirements. VA reserves the right to conduct on site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

c. Prior to termination or completion of this contract, contractor/ subcontractor must not destroy information received from VA, or gathered/ created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies.