S02 - Combined Synopsis Solicitation RFQ 36C25622Q0990 - Shreveport-Hospital Beds v3.pdf

36C25622Q0990

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

General Information:

Document Type: Combined Solicitation/Synopsis

Solicitation Number: 36C25622Q0990

Posted Date: July 08, 2022

Questions Due Date/Time: July 18, 2022/1:00pm (CST)

Response Due Date/Time: July 27, 2022/4:00pm (CST

Product or Service Code: 6530

Set Aside: Service-Disabled Veteran Owned (SDVOSB)

NAICS Code: 339113

Size Standard 750 Employees

Point of Contact: Steven A. Berkeley – Email: Steven.berkeley@va.gov

Contracting Office Address

Department of Veterans Affairs Network Contracting Office 16 5075 Westheimer Road, Suite 750 Houston, TX 77056-5643

Description

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for

Evaluation and Solicitation for Commercial Items,” in conjunction with FAR Part 13.5 for Certain

Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

This solicitation is issued as a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular:

2022-06, 06-26-2022. This competitive solicitation is being issued as a Total SDVOSB Set –

Aside.

The associated North American Industrial Classification System (NAICS) code for this procurement is 339113, with a small business size standard of 750 employees.

The Department of Veterans Affairs (VA), Overton Brooks VA Medical Center (OBVAMC), located at 510 E. Stoner Avenue, Shreveport, LA 71101, is requesting to replace existing Med- Surg and ICU Hospital Beds. This is a brand name or equal RFQ. See B.2 Price/Cost Schedule/B.4 Statement of Work (SOW) pgs. 4 through 17 of this document for details of the Governments requirement.

mailto:Steven.berkeley@va.gov

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

a. CONTRACTOR: POC Name: _________________ Address: ___________________ Phone: _____________________ Email: ______________________ Unique Entity Number: ______________ Tax ID Number: ______________

b. GOVERNMENT: Steven A Berkeley, Contracting Officer 36C256

Department of Veterans Affairs

Network Contracting Office 16

5075 Westheimer Road, Suite 750

Houston TX 77056-5643

Phone: 713-971-1414

E-mail: Steven.berkeley@va.gov

Dellray Shelton, Contracting Officer Representative (COR)

36C256

Department of Veterans Affairs

OBVAMC

510 E. Stoner Avenue

Shreveport LA 71101

Phone: 318-210-2971

E-mail: Dellray.shelthon@va.gov

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] Upon receipt and acceptance mailto:Steven.berkeley@va.gov mailto:Dellray.shelthon@va.gov

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.

FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489-6135 Invoice must be submitted electronically

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

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

20.00 EA __________________ __________________

Pro-Base Progressa Base Frame

Manufacturer: Hill-Rom

Model Number: PRO-BASE

Brand name or Equal

Contract Period: Base

POP Begin: TBD

POP End: TBD

Pro-T Advanced Microclimate Surface

Manufacturer: Hill-Rom

Model Number: PRO-T

Brand name or Equal

Contract Period: Base

Pro-RT Rotation

Manufacturer: Hill-Rom

Model Number: PRO-RT

Brand name or Equal

Contract Period: Base

Pro-PV Percussion & Vibration

Manufacturer: Hill-Rom

Model Number: PRO-PV

Brand name or Equal

Contract Period: Base

Pro-CE Chair Egress Position

Manufacturer: Hill-Rom

Model Number: PRO-CE

Brand name or Equal

Contract Period: Base

Pro-PMMS Patient Migration Mgmt

Manufacturer: Hill-Rom

Model Number: PRO-PMMS

Brand name or Equal

Contract Period: Base

Pro-NUL Nurse Call, Univ TV & Lighting

Manufacturer: Hill-Rom

Model Number: PRO-NUL

Brand name or Equal

Contract Period: Base

Pro-ID Intellidrive with 6" casters

Manufacturer: Hill-Rom

Model Number: PRO-ID

Brand name or Equal

Contract Period: Base

Pro-RH Permanent IV Pole Right Side

Manufacturer: Hill-Rom

Model Number: PRO-RH

Brand name or Equal

Contract Period: Base

P00697903 Watchcare for Progressa Bed

Manufacturer: Hill-Rom

Model Number: P00697903

Brand name or Equal

Contract Period: Base

78.00 EA __________________ __________________

CNT-Base Base Bed

Manufacturer: Hill-Rom

Model Number: CNT-Base

Brand name or Equal

Contract Period: Base

CNT PAK255 CNT-255 Bed

Manufacturer: Hill-Rom

Model Number: PAK255

Brand name or Equal

Contract Period: Base

CNT-NUL Nurse Call, UTV, Lighting

Manufacturer: Hill-Rom

Model Number: CNT-NUL

Brand name or Equal

Contract Period: Base

CNT-AR Accessory Outlet

Manufacturer: Hill-Rom

Model Number: CNT-AR

Brand name or Equal

Contract Period: Base

CNT-PP3 Pro 36" w/o X-Ray

Manufacturer: Hill-Rom

Model Number: CNT-PP3

Brand name or Equal

Contract Period: Base

CNT-SV SafeView with ILLumiGuide

Manufacturer: Hill-Rom

Model Number: CNT-SV

Brand name or Equal

Contract Period: Base

CNT-2LCD Second LCD Touchscreen

Manufacturer: Hill-Rom

Model Number: CNT-2LCD

Brand name or Equal

Contract Period: Base

CNT-PH Ergonomic Push Handles

Manufacturer: Hill-Rom

Model Number: CNT-PH

Brand name or Equal

Contract Period: Base

CNT-WC Watchcare Hardware

Manufacturer: Hill-Rom

Model Number: CNT-WC

Brand name or Equal

Contract Period: Base

ACT-CFCM1 P00873803 Active for 1 year

Manufacturer: Hill-Rom

Model Number: ACT-CFCM1

Brand name or Equal

Contract Period: Base

Progressa Smartcare Service Agreement ICU21 ICU 1st year

Manufacturer: Hill-Rom

Model Number: ICU21

Brand name or Equal

Contract Period: Base

Progressa Smartcare Service Agreement ICU22 ICU 2nd year

Manufacturer: Hill-Rom

Model Number: ICU22

Brand name or Equal

Contract Period: Base

Progressa Smartcare Service Agreement ICU23 ICU 3rd year

Manufacturer: Hill-Rom

Model Number: ICU23

Brand name or Equal

Contract Period: Base

POP Begin: TBD

Centrella Smartcare Service Agreement CNTR1 1st year

Manufacturer: Hill-Rom

Model Number: CNTR1

Brand name or Equal

Contract Period: Base

Centrella Smartcare Service Agreement CNTR2 2nd year

Manufacturer: Hill-Rom

Model Number: CNTR2

Brand name or Equal

Contract Period: Base

Centrella Smartcare Service Agreement CNTR3 3rd year

Manufacturer: Hill-Rom

Model Number: CNTR3

Brand name or Equal

Contract Period: Base

1.00 JB __________________ __________________

Training

GRAND TOTAL __________________

B.3 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY

DELIVERY

DATE

20.00

78.00

1.00

B.4 STATEMENT OF WORKs (SOW)

Critical Care/Med Surg Beds Overton Brooks Medical Center (OBVAMC)

Shreveport, LA

SYSTEM REQUIREMENTS - Critical Care Beds

All critical care and step-down unit beds must meet the following minimum requirements:

• Percussion & Vibration pulmonary therapy

• Continuous Lateral Rotation pulmonary therapy

• Low air loss/ microclimate airflow

• Full Chair Position, with Chair Egress

• Bed frame capability to reduce patient migration and improve comfort (without raising knee gatch)

• Powered Transport

• Integrated Nursecall Connectivity

• Chair Egress Frame Design with Stand Assist

• Full Chair

• Bed Exit Signal/Alarm

• Power electric Steering with 6" Casters (for motorized transport)

• Automatic footboard extension from 88 inches to 98 inches without need for additional accessories

• 30/45 Degree Head of Bed Alarm

• Night Light

• Hands Free Emergency CPR

• Caregiver Pendant

• Straight Power Cord

• Trendelenburg

• Point of Care Siderail Controls

• Obstacle Detect System

• Drainage Bag Holders

• Four IV Sockets, with one built in pole at head of bed

• Patient Controls Backlighting

• Bed Controls

• Line Manager

• In-Bed Scale with History Log, BMI calculator

• Incontinence monitoring system

• PPM, 3 Level Advanced Bed Exit

• Foot Controls Module

• Oxygen Tank Holder

• Accessory Outlet

• Point of Care Touch Screen on Both Sides

• Percussion & Vibration (built in)

• Rotation Module (built in)

• Micromanagement/low air loss surface

• English Language Labels

• Voltage: 120

• Power Plug: NEMA5-15P (US)

• Full Pulmonary Surface with X-Ray Sleeve

• O2 Tank Holder Module 107.95mm and 112.7mm

• Permanent IV Pole Right Side (need 1 permanent pole that folds down if not being used)

• Capacity to support a patient of up to 500 pounds

SYSTEM REQUIREMENTS – Med Surg Beds

All general medical/surgical beds must meet the following minimum requirements:

• One button to flatten bed, raise bed and automatically put it in Trendelenburg/Reverse Trendelenburg for patient repositioning.

• Patient safety indicator lights at foot end of bed that broadcast on floor indicating:

➢ status of bed height

➢ bed exit alarm

➢ side-rail status

➢ heart/respiratory status

➢ incontinence status

• Motorized bed retraction and extension with one button from a minimum of 76 inches and maximum of 88 inches of usable mattress.

• Capable of sending data through a wired 37 pin connection Nurse call, with the ability to control lights and TV.

• Able to transmit the following items via 37 pin connector to the current nurse call system into the nurse’s station (along with 30 other data points available from smart bed in real time).

➢ Brakes set

➢ Bed in low position

➢ Head end rails up/down

➢ Foot end rails up/down

➢ Bed exit alarm set

➢ Heart/Respiratory status

➢ Incontinence status

• Visual alert light on side-rail to guide patient hand placement while getting back to bed

• Alarm silence function with the ability to automatically suspend alarm with one button that resets once patient returns to bed without touching the alarm a second time for bed exit alarm.

• USB charger

• Built in Wifi capabilities

• Contact free continuous heart rate and respiratory monitoring that integrates w/ the nurse call system.

• Wireless incontinence detection system installed

• Verbal safety alerts in multiple languages that indicate:

➢ “Brake not set.”

➢ “Call light not connected.”

➢ “Please don’t get up.”

➢ “Care team has been called.”

• 2 duplex outlets at foot of bed

• Capability to integrate with EMR

• Single CPR lever to flatten bed for emergency use

• 4 corner brake and steer

• 5” Casters

• 3 mode bed exit alarm (lying, sitting and standing)

• In-bed Scale

• Automatic battery back-up

• Patient control pendant

• One button Dining chair position

• Digital display of head of bed angle.

• Accommodates 500lb patient, with a 650lb safe working load limit.

• Non-powered pressure redistribution surface with built in pump for on-demand microclimate Management/ low air loss

CLEANING: All beds and mattresses must be able to be cleaned by facility approved cleaners and disinfectants (currently 3M Quat cleaner/disinfectant and Clorox Healthcare

Bleach Germicidal Wipes).

WARRANTY: To be included in the bed and or mattress price. Contractor must provide standard warranty (minimum of one year) for the beds and standard warranty for the mattress with option of extending warranty up to 3 months after delivery upon

COR review and signature for completion of project.

TRAINING:

Contractor shall provide on-site training of the equipment to the users. Scheduling of operator training shall be coordinated with the COR after delivery is complete.

Clinical users:

The successful contractor, at the time of a purchase, shall provide training for all shifts, both

7am to 7pm and 7pm to 7am, including opposite rotations.

Biomedical Engineering Service Training:

The contractor shall provide, at no cost to the hospital, in-service training for 4 in-house

Biomedical Equipment Support Specialists (BESS) included in the purchase of each major piece of equipment in at least two sessions. Additionally, manufacturer-level training will be provided to four BESS. This training shall be equal to the training provided by the manufacturer for their service personnel and will train the designated in-house personnel on the calibration, maintenance, and repair of the entire system purchased. The training shall include all components, peripherals, travel and expenses. This training shall be available for a date prior to the expiration of the warranty period of the purchased equipment.

Technical Response must include evidence of meeting each of the above criteria above and beyond self-certification. Examples of evidence may include photographs, videos, brochures, published technical specifications, and spreadsheets. Other forms of data may be submitted. Lack of evidence may result in a technically unacceptable rating.

TRADE IN ALLOWANCE/BED REMOVAL- Critical Care Beds

Price will be subtracted from purchase total. Specific trade-in information is as follows:

Manufacturer Model Quantity Purchase Date Life

Expectancy

Hillrom Total Care Bed

System

20 3/28/2013 10-12

TRADE IN ALLOWANCE/BED REMOVAL- Med Surg Beds

Price will be subtracted from purchase total. Specific trade-in information is as follows:

Manufacturer Model Quantity Purchase Date Life

Expectancy

Umano Medical Ook Snow 10 4/13/2020 10-12

Umano Medical Ook Snow 75 8/11/2017 10-12

Hillrom Careassist ES 5 1/28/11 10-12

DELIVERY – To be included in the bed and or mattress price.

All work (delivery and installation) will be coordinated with the COR. The VA and the contractor will jointly work on delivery/installation schedule prior to delivery. Contractor will deliver 25 beds at a time in 30-day intervals. Contractor shall deliver all equipment to Overton Brooks Medical

Center no later than 90 days after receiving the order. The contractor shall submit a delivery schedule in writing to the COR for approval up to 30 days prior to the start of delivery.

Overton Brooks VA Medical Center, 510 E. Stoner Ave, Shreveport, LA 7110 is a fully operational hospital. The Contractor shall schedule his work around VA operations and specifically for the convenience of the hospital.

The Contractor shall hold and save the Government, its officers and agents, free and harmless from liability of any nature occasioned by the Contractor’s performance. Working space and space available shall be as determined by the COR.

LICENSING SOFTWARE REQUIREMENTS

The contractor shall provide all computer software, access keys or codes, or external devices required for the operation, calibration, or repair of the equipment purchased. Any such items not listed on the price quote and required for maintenance of the system, shall be taken as included with the purchase of the system. Any upgrades or changes to the maintenance software, hardware, or access keys or codes shall be provided at “no charge” to the medical center during the time the equipment is operational at this facility. All application software licenses are included in the purchase of the equipment and shall not a require renewal charge for the period of time the equipment is in use in the facility.

USER AND SERVICE MANUALS

The contractor shall provide, at no charge, (2) complete and unabridged sets of operator manuals, service manuals, electronic schematics, troubleshooting guides and parts lists for each piece of equipment purchased to each medical center. These manuals will include all components and subassemblies, including those not manufactured by the vendor. These manuals and documentation shall be identical to the ones supplied to the manufacturer’s service representatives and shall contain the diagnostic codes, commands, and passwords utilized in maintenance, repair, and calibration of the equipment. The contractor shall disclose at the time of quoting of this equipment any post warranty charges such as remote service or application access charges, telephone technical or application support charges, or any fees associated with supporting this equipment including the hourly rate for onsite maintenance service, and the cost and description of the various maintenance coverage products.

WARRANTY SERVICE

Response Time: - Contractor's FSE shall respond with a phone call to the COR or his/her designee within two (2) hours after receipt of telephoned notification twenty-four (24) hours per day. If the problem cannot be corrected by phone, the FSE will commence work (on-site physical response) within two (2) hours after receipt of this second notification and will proceed progressively to completion without undue delay.

The Contractor shall immediately, but no later than 24 (twenty-four) consecutive hours after discovery, notify the CO and COR (in writing) of the existence or the development of any defects in, or repairs required, to the scheduled equipment which the Contractor considers he/she is not responsible for under the terms of the contract. The Contractor shall furnish the

CO and COR with a written estimate of the cost to make necessary repairs.

SERVICE PRIOR TO AND DURING WARRANTY PERIOD

Prior to and during the warranty period, service at other than normal working hours (8:00 a.m. -

5:00 p.m., excluding weekends and holidays), if at the request of the hospital, will be performed at no charge to the Government during this period.

SERVICE BULLETINS

Two (2) copies of each service bulletin affecting safety or maintenance of equipment furnished under this contract will be forwarded to the receiving activity for a period of ten (10) years after date of delivery.

HARDWARE UPGRADES

All equipment and related peripherals contracted for shall be state-of-the-art technology. "State-of-the-art" is defined as the most recently designed components that are announced for marketing purposes, available, maintained and supported in accordance with mandatory requirements specified in the solicitation. Components and products with a manufacturer's planned obsolescence within the first year of contract award are not acceptable.

If hardware upgrades become available after award of this contract but prior to installation of the equipment, the contractor is requested to offer them to the Contracting Officer for consideration.

The contractor's proposal for such upgrades shall include the following information:

• Pricing information, to include both the price of the equipment to be added and the equipment to be deleted.

• Specific awarded items that shall be changed if the proposal is awarded.

• Performance data, including both comparisons to the specification requirements and to the equipment on contract.

• A detailed description of the differences between the awarded items and those being proposed, and a specific analysis of the comparative advantages/disadvantages of the items involved.

• An evaluation of the effect proposed changes will have on the life cycle of the equipment and an associated cost impact as it relates to site preparation, installation, maintenance, and operational expense.

• An analysis of the timeframe required to institute the change.

PAYMENT

Invoice must include the following information: Contract No., Purchase Order No., and itemized listing of all equipment installed by unit. Invoices can be issued per unit after full functionality of system has been achieved and proven.

IDENTIFICATION, PARKING, SMOKING, AND VA REGULATIONS

The Contractor's FSEs shall wear visible identification at all times while on the premises of the

VAHCS. It is the responsibility of the Contractor to park in the appropriate designated parking areas. Information on parking is available from the VA Police Section. The VA Police Section will not invalidate or make reimbursement for parking violations of the Contractor under any conditions. Smoking is prohibited on Overton Brooks VA campus. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

The Contractor shall be required to report to Biomedical Engineering to log in. This check in is mandatory. When the service is completed, the FSE shall document services rendered on a legible ESR(s). The FSE shall be required to log out with Biomedical Engineering and submit the ESR(s) to the COR. ALL ESRs shall be submitted to the equipment user for an "acceptance signature" and to the COR for an "authorization signature". If the COR is unavailable, a signed, authorized copy of the ESR will be sent to the Contractor after the work can be reviewed (if requested or noted on the ESR).

(End of SOW)

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)

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

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

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

JAN 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

NOV 2021

852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

MAY 2020

852.212-71 GRAY MARKET ITEMS

852.242-71 ADMINISTRATIVE CONTRACTING OFFICER OCT 2020

C.3 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.

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

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

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

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

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

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

[] 852.273–74, Award without Exchanges.

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

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause)

C.4 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

(a) This solicitation includes.

(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.

(End of Clause)

C.5 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND

COMPLIANCE (JUL 2018)

(a) This solicitation includes the clause: 852.215-70 Service-disabled veteran-owned and veteran-owned small business evaluation factors. Accordingly, any contract resulting from this solicitation will include the clause 852.215-71 Evaluation factor commitments.

(b) The Contractor is advised that in performing contract administration functions, the

Contracting Officer may use the services of a support contractor(s) to assist in assessing

Contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the Contractor's business records or other proprietary data to review such business records regarding contract 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 compliance with the subcontracting commitments.

(End of Clause)

C.6 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 VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in

852.219-11. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(ii) [ ] In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13

CFR 121.406(b)(5) is granted. The offeror understands that, as provided in 13 CFR

121.406(b)(7), such a waiver has no effect on requirements external to the Small Business Act, such as the Buy American Act or the Trade Agreements Act.

(2) Manufacturer or nonmanufacturer representation and certification. [Offeror fill-in—check each applicable box below. The offeror must select the applicable provision below, identifying itself as either a manufacturer or nonmanufacturer]:

(i) [ ] Manufacturer or producer. The offeror certifies that it is the manufacturer or producer of the end item being procured, and the end item is manufactured or produced in the United

States, in accordance with paragraph (a)(1)(i).

(ii) [ ] Nonmanufacturer. The offeror certifies that it qualifies as a nonmanufacturer in accordance with the requirements of 13 CFR 121.406(b) and paragraph (a)(1)(ii). The offeror further certifies it meets each element below as required to qualify as a nonmanufacturer.

[Offeror fill-in—check each box below.]

[ ] The offeror certifies that it does not exceed 500 employees (or 150 employees for the

Information Technology Value Added Reseller exception to NAICS code 541519, which is found at 13 CFR 121.201, footnote 18).

[ ] The offeror certifies that it is primarily engaged in the retail or wholesale trade and normally sells the type of item being supplied.

[ ] The offeror certifies that it will take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice.

(iii) [ ] The offeror certifies that it will supply the end item of a small business manufacturer, processor, or producer made in the United States, unless a waiver as provided in 13 CFR

121.406(b)(5) has been issued by SBA.

(3) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(4) If VA determines that an SDVOSB/VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and

(iii) Prosecution for violating section 1001 of title 18.

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract or to determine whether the offeror qualifies as a manufacturer or nonmanufacturer in compliance with the limitations on subcontracting requirement. Contracting

Officer may, at their discretion, require the Contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the Contracting Officer.

Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed, and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification:

I hereby certify that if awarded the contract, [insert name of offeror] qualifies as a manufacturer or nonmanufacturer as stated herein and that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting requirement specified in the resultant contract, unless a waiver as described in 13 CFR 121.406(b)(5) is granted. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].

Printed Name of Signee:________________________________________

Printed Title of Signee:_________________________________________

Signature:___________________________________________________

Date:_____________________

Company Name and Address: ________________________________________

(End of Addendum to FAR 52.212-4 Contract Terms and Condition – Commercial items)

C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2022) (JUL 2020)

(DEVIATION)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by…