S02 RFP 36C26221R0071_Stryker ProCare Service _ On-Site Specialized Technician.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. DUNS: DUNS+4:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 59

664-21-3-151-0017

36C26221R0071 04-09-2021

Soledad De La Torre (562)766-2313 04-23-2021

10:00 PDT

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

X

811219

$22 Million

N/A

X

36C664

Department of Veterans Affairs VA San Diego Healthcare Systems

3350 La Jolla Village Drive San Diego CA 90815

36C262

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

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

Tungsten Network http://www.tungsten-network.com/us/

See CONTINUATION Page

Contractor shall provide Stryker ProCare Service and Full Time On-Site Specialized Technician for Endoscopy Surgical Systems located at the VA San Diego Healthcare System.

See Subsequent pages for details.

664-3610160-151-820200-2560 010020251

X X

X 1

Michael Cordeiro Contracting Officer

36C26221R0071

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B

B.1 CONTRACT ADMINISTRATION DATA

B.2 SCHEDULE OF SERVICES AND PRICING

B.3 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

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

2018)

C.2 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL

(JAN 2011)

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.5 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.6 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION

OF COMMERCIAL ITEMS (APR 2020)

C.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021)

SECTION D – CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JUN 2020)

E.2 ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

ITEMS (OCT 2018)

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

E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.6 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

ITEMS (FEB 2021)

SECTION B

B.1 CONTRACT ADMINISTRATION DATA

1. CONTRACT ADMINISTRATION: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR: ________________________________________

b. GOVERNMENT: Department of Veterans Affairs Soledad De La Torre, Contract Specialist VHA Regional Procurement Office – West Network Contracting Office (NCO22L) 4811 Airport Plaza Drive, Suite 600 Long Beach CA 90815

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

[X] 52.232-33, Payment by Electronic Funds Transfer - Other than System for Award Management (SAM), 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.

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

Tungsten Network http://www.tungsten-network.com/us/ Tungsten e-Invoice Setup Information: 1-877-489-6135 Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com FSC e-Invoice Contact Information: 1-877-353-9791 FSC e-Invoice email: vafsccshd@va.gov http://www.tungsten-network.com/us/ mailto:vafsccshd@va.gov

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

AMENDMENT NO DATE

6. DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER: In accordance with FAR Provision 52.212-1 paragraph (j), please provide the Dun and Bradstreet Number assigned to your firm in the space provided below:

DUNS# ____ ____ - ____ ____ ____ - ____ ____ ____ ____

B.2 SCHEDULE OF SERVICES AND PRICING

This is a firm-fixed contract. The contractor’s price in this schedule includes all-inclusive labor and materials, rates including labor, incidental costs, overhead, training, insurance premium payments for applicable insurance coverage. Costs not incorporated into the Contractor’s price will not be reimbursed by the Government.

The Contractor shall provide ProCare Preventive Maintenance Services and an On-Site Full Time Specialized Technician for Endoscopy Surgical Government Owned Stryker Equipment located at the VA San Diego Healthcare System (VASDHS) located at 3350 La Jolla Village Drive, San Diego, CA 92161.

The contract period shall be for one (1) base year, with the Government having the option to exercise four

(4) one-year option periods.

Base Year - May 1, 2021 through April 30, 2022

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QTY UNIT UNIT PRICE AMOUNT

12.00 MO $ $

ProCare Service Preventive

Maintenance Service and an On-Site Full Time Specialized Technician for Surgical Endoscopy Government owned Stryker equipment

Base Year Total:

Option Year One (1) - May 1, 2022 through April 30, 2023

NUMBER

DESCRIPTION OF

Maintenance Service and an On-Site Full Time Specialized

Option Year One (1) Total:

Option Year Two (2) - May 1, 2023 through April 30, 2024

NUMBER

DESCRIPTION OF

Maintenance Service and an On-Site Full Time Specialized

Two (2) Total:

Option Year Three (3) - May 1, 2024 through April 30, 2025

ITEM

NUMBER

DESCRIPTION OF

Maintenance Service and an On-Site Full Time Specialized

Three (3) Total:

Option Year Four (4) - May 1, 2025 through April 30, 2026

NUMBER

DESCRIPTION OF

Maintenance Service and an On-Site Full Time Specialized

Four (4) Total:

Aggregate Total: $

AGGREGATE TOTAL

SCHEDULE OF SERVICES AND PRICING

VA SAN DIEGO HEALTHCARE SYSTEM

PERIOD OF PERFORMANCE DOLLAR VALUE

Base Year May 1, 2021 through April 30, 2022 $ Option Year 1 May 1, 2022 through April 30, 2023 $ Option Year 2 May 1, 2023 through April 30, 2024 $ Option Year 3 May 1, 2024 through April 30, 2025 $ Option Year 4 May 1, 2025 through April 30, 2026 $

Total Base Year + FOUR (4) One-Year Options: $

B.3 STATEMENT OF WORK

1. GENERAL INFORMATION

The Department of Veterans Affairs (VA) San Diego Healthcare System (VASDHS) require ProCare Preventative Maintenance Services and a On-Site Full Time Specialized Technician for the Endoscopy Surgical Government Owned Stryker Equipment at the VA San Diego Healthcare System (VASDHS) located at 3350 La Jolla Village Drive, San Diego, CA 92161. The Contractor shall provide all necessary and appropriate labor, certified technicians, travel, supervision, materials, parts, equipment, tools, control and disposal of hazardous/nonhazardous licensed material, training, proof of licensing, documentation of required services, and permits when required to service, repair and maintain the Government Owned Stryker Endoscopy Systems (hardware and software).

2. BACKGROUND

a) The purpose of this contract is to provide ProCare Preventative Maintenance and a On-Site Full Time Specialized Technician for Stryker minimally invasive endoscopic video equipment and power tools available for surgical procedures in the operating room at the VA San Diego Healthcare System. This equipment is necessary to visualize, display, record and store images and video during minimally invasive scope cases, as well as be used for drilling, reaming, cutting, pinning, or burring during surgeries.

b) This equipment is used in the Operating Room and Surgical Room for inpatient procedures and it is necessary to perform the following types of procedures:

1. Laparoscopy

2. Arthroscopy

3. Cystoscopy

4. Hysteroscopy

5. Thoracoscopy

6. ENT

7. Ortho

8. Trauma

9. General

10. Podiatry

11. Sports

12. Spine

3. SCOPE OF WORK

The Contractor shall provide ProCare Preventative Maintenance and a On-Site Full time Specialized Technician for the Endoscopy Surgical Government Owned Stryker equipment.

4. SPECIFIC TASKS

1) PREVENTIVE MAINTENANCE INSPECTIONS AND INTERVENING

SERVICE CALLS

a) The Contractor shall provide all labor, supplies, parts, supervision and materials required to repair and maintain Endoscopes and Communications equipment. The Contractor shall provide a full time, on-call, on-site, factory trained and certified field technician to perform repairs, maintenance, and diagnostics in accordance with the original equipment manufacturer (OEM) service manuals, specifications, and recommendations.

b) The full-service contract shall include repair, exchange, and maintenance on each unit, plus needed repairs during the term of the contract, excluding misuse or abuse of the scope, equal or equivalent to the manufacture’s preventive maintenance service coverage. The full-service contract requires repairs, maintenance, and diagnostic assessments to be conducted by no individual other than a endoscope and communications trained and certified field technician.

c) The full-service contract requires the endoscope and communications trained and certified field technician to be available and on-site.

I. Monday through Friday (during normal business hours), II. Monday through Friday after normal business hours (as required by surgical case load) III. On call and readily available Monday through Sunday.

d) The equipment must remain in good working condition as (VA San Diego Healthcare

System) VASDHS is dependent on patient results within a limited agreed upon time. All services performed shall be provided by a endoscope and communications trained and certified field technician. All preventative maintenance and repair services shall be performed in accordance with original manufacturer’s specifications/service manual.

e) Replacement parts shall be furnished on an exchange basis at the contractor’s expense and shall be a new part or reconditioned part equivalent to new. Replaced parts become the property of the contractor.

2) PREVENTIVE MAINTENANCE (PM) AND INTERVENING SERVICES: PM and

Intervening services shall include, but not limited to the following:

a) All labor, parts, equipment/instruments, and travel are all inclusive for scheduled and unscheduled services.

b) Setting up any Products purchased Stryker Equipment by the VASDHS.

c) Annual preventative maintenance in accordance with Original Equipment

Manufacturer (OEM) specifications and service manual.

d) Scheduled services to perform OEM’s Periodic Manufacturer’s Certification solely by a endoscope and communications trained and certified field technician.

e) Use of OEM parts only.

f) Unlimited on-site repair services solely managed by a endoscope and communications trained and certified field technician.

g) Diagnostics checks.

h) An unlimited number of repairs of Service equipment.

i) Loaner of Equipment.

j) Train the VASDHS personnel and surgeons on how to use any products purchased by

VASDHS.

3) PARTS:

a) The contractor shall furnish replacement parts meeting or exceeding the original equipment manufacturer (OEM) specifications.

b) Replaced parts are to be disposed of by the contractor after obtaining approval from the COR, except for hard drives that have the capability of storing sensitive information. They must be disposed of according to local Facility Policy and with the information Security Officer (ISO) concurrence.

c) Operating and consumable supplies are not part of this contract. Replaced parts covered by the Preventive Maintenance Inspection or intervening services shall be itemized as a no-charge item on the Contractor’s invoice and shall be identified by the part listed on the manufacturer’s schematics or part list.

d) The contractor shall have sufficient supply in stock or be able to obtain all parts required for work under this contract. The contractor shall have complete service documentation, including necessary manuals and schematics.

e) Unserviceable parts shall be replaced by the contractor on an exchange basis within eight(8) hours which includes labor to install replacement part are included.

f) Part numbers as shown on the manufacture schematics/parts list will identify all parts that are replaced. All newly installed replacement parts become the property of the Government.

Any worn defective parts will be replaced free of any charges.

g) When parts are required and are not covered by Preventive Maintenance and have intervening services, such needs shall be identified to the COR along with an estimate of charges. The COR will evaluate these needs and request through the Contracting Officer appropriate action(s). These parts shall be installed under a separate purchase order. Such documentation may include:

I. Copies of supplier invoices for parts furnished to the Government.

II. Records of payment to suppliers.

III. Documentation or written Quotations for parts.

IV. Other documentation that shows that parts were obtained at the lowest cost available.

4) EQUIPMENT LIST

Item # Product # Product Description Qty ProCare: Endoscopy

1 SC0240031050 PKG 32” 4K Surgical Display 6 2 SC0240200100 PKG Connected or Hub Base System 6 3 SC1688010000 PKG 1688 Camera Control Unit (CCU) 6 4 SC0220203000 PKG L11 LED Light Source with AIM 6 5 SC0620050000 Pneumoclear Plus CO2 Conditioning Insufflator

(Americas)

6 SC0450000000 PKG Crossflow console 2 7 SC0475100000 PKG Crossfire 2 console 2 8 SC0375708500 Packaging, Formula 180 Shaver (Hand control) 1 9 SC0375701500 Formula Shaver Packaging 2 10 SC0275601500 PKG, TPS Small joint handpiece 1 11 SC1688210105 PKG, 1688 Aim 4K camera Head, C-Mount 12 12 SC1688020122 Aim 4K Coupler, 20MM, C-Mount 12 13 SC0502503010 Precision ideal eyes 5.5MM 0 degree, HD autoclavable laparoscope 30CM

14 SC0502203030 Precision ideal eyes 5.5 30 degree, HD autoclavable laparoscope 30 CM

15 SC0502103010 Precision ideal eyes 10 MM 0 Degree, HD autoclavable laparoscope 33 CM

16 SC0502103030 Precision ideal eyes 10 MM 30 degree, HD autoclavable laparoscope 33 CM

17 SC0502537010 AIM HD Laparoscope, autoclavable, 5.4 MM x 0 degree, 30 CM

18 SC0502537030 AIM HD Laparoscope, autoclavable, 5.4 MM x30 degree, 30 CM

19 SC0502937010 AIM HD Laparoscope, autoclavable, 10 MM x0 degree, 33 CM

20 SC0502937030 AIM HD Laparoscope, autoclavable, 10 MM x 30 degree, 33 CM

21 SC0502444030 Precision IE 4K eyepiece arthroscope, autoclavable, 4MM x 30 degree, 140 MM , Speed

22 SC0502444070 Precision IE 4K eyepiece arthroscope, autoclavable, 4MM x 70 degree, 140 MM , Speed

23 SC0502195030 Precision IE 4K C-Mount arthroscope, autoclavable,

1.9 MM x 30 degree, 58 MM, Speed

24 SC0502276030 Precision IE 4K C-Mount arthroscope, autoclavable,

2.7 MM x 30 degree, 75 MM, Speed

25 SC0502927030 Pkg, Precision HD 30 Degree, Arthroscope, 2.7 MM x 120 MM, C-Mount, Speedlock

26 SCHH9030 SPY-PHI Handheld imager 1 27 SCPC9001 Video processor illuminator 1 28 SC0502859010 HD 10 MM 0A degree, laparoscope, AC 3 29 SC0502859030 HD 10 MM 30A degree, laparoscope, AC 3 30 SC0502539010 HD 5 MM 0A degree, laparoscope, AC 3 31 ON SITE Procare OnSite Specialist 1 In addition to Onsite specialist the following equipment includes Prevent Care-Power tools. Plan coverage includes for the equipment listed below all costs associated with: Labor, & Travel associated with scheduled on-site preventative maintenance inspection for items. Parts and Labor associated with repair of items. Repair/replace costs associated with accessories Freight costs associated with shipment of repairs and loaners to customer facility.

On-Site Visits: 10 PROCARE -Instruments

32 4505-000-000W System 8 cordless driver ProCare 8 33 4508-000-000W System 8 Sabo Sag Saw ProCare 6 34 4000-000-000W Cordless/rotary attch ProCare 8 35 5407-300-000W Pi Drive + Motor ProCare 6 36 5407-000-000W Signature series attachment ProCare 10 37 5400-200-000W Maestro Drill ProCare 4 38 5450-400-000W 52 Drill ProCare 2 39 5402-007-000W ProCare Core footswitch 2 40 5400-052-000W Core 2 Console ProCare 6 41 5400-700-000W Bone Mill ProCare 2

42 5500-050-000W Sonopet IQ Console ProCare 1 43 5500-255-000W Sonopet IQ 25KHZ Angled HP ProCare 2 44 5500-007-000W Sonopet IQ Foot Pedal ProCare 1 45 6700-313-500W Bipolar generator ProCare 2 46 6700-313-600W Bipolar Irrigator ProCare 2 47 7400-015-000W TPX Micro Drill ProCare 6 48 7400-031-000W TPX Oscillating Saw ProCare 2 49 7400-034-000W TPX Sagittal Saw ProCare 6 50 7400-037-000W TPX Reciprocating Saw ProCare 6 51 7400-099-000W TPX Universal Driver ProCare 6 52 7400-000-000W TPX attachment ProCare 12 53 8205-000-000W System 8 dual trigger ProCare 6 54 8206-000-000W System 8 Reciprocating Saw ProCare 6 55 8207-000-000W System 8 Sternum Saw ProCare 3 56 8208-000-000W System 8 Sagittal Saw ProCare 6 57 8000-000-000W System 8 Attachment ProCare 12 58 7110-120-000W Universal Charger ProCare 3 59 5920-011-000W Dual Channel SmartPump extended service 4 60 9000-200-000W ProCare Diagnostic Services Tier 1 2

5. CONTRACTORS RESPONSIBILITY

a) The Contractor shall provide all necessary materials, labor, parts, equipment, tools, certified technicians, travel, supervision, control and disposal of hazardous, nonhazardous licensed, training, proof of licensing, documentation of required services, and permits when required. All maintenance is to be performed in accordance with manufacture care.

b) It is the sole responsibility of the contractor to perform all preventive maintenance inspections.

The VA will not assume the responsibility of reminding the contractor that a preventive maintenance inspection is due to be performed. If a PM is not performed within the month specified, the amount corresponding will be deducted from the contractor’s payments.

Preventive maintenance inspections will be performed on a weekday at a time set once the contract is awarded. The equipment user and COR must all agree to the recurring time set for preventive maintenance inspections.

6. QUALIFICATION

a) The Department of Veterans Affairs (VA), San Diego Healthcare System (VASDHS) has a requirement to establish a contract for ProCare Preventive Maintenance and a On-Site Full Time Specialized Technician for Preventive Maintenance on Government Owned Stryker equipment.

b) The Contractor shall provide Original Equipment Manufacturer (OEM) Certified Personnel with minimum of 3+ years of experience in Stryker Systems and that have obtained Technical Training and are Certified to Train and perform ProCare Preventive Maintenance and a On-Site Full Time Specialized Technician on Endoscopy Surgery Stryker Equipment.

c) The Contractor’s Technician must be competent Field Service Engineers (FSE) who have been

Fully Trained to perform work on the specific equipment in accordance with the OEM’s PMI and repair procedures. “Fully qualified” is defined as Trained and Certified by Stryker and experienced to work on the equipment assigned.

d) Authorization: The Contractor shall have a current and active Reseller Agreement with Stryker

Corporation to provide Supplies, Services, Maintenance, and Training under this contract.

7. ADDITIONAL REQUIREMENT

a) Contractor shall ensure all equipment is in optimal working condition at the expiration date of the contract.

b) Contractor personnel that perform changes, updates, or retrofits made on any component, system, or equipment will log it in the station equipment manual.

c) Contractor will maintain all manufactures manual necessary to perform maintenance.

8. GOVERNMENT FURNISH EQUIPMENT (GFE)

The Government shall not furnish parts and/or test equipment for the performance of this contract. It is the responsibility of the Contractor to bring the appropriate equipment and/or supplies necessary to complete the work as required within.

9. REMOVAL OF EQUIPMENT

a) Government property shall not be removed from the station without a signed property pass. This property pass may be obtained after the removal is authorized by the Using Service. If sensitive data is stored on the device, the Facility Information Security Officer must be involved and should approve the process of removing equipment from the government site. Equipment shall not be removed by the Vendor from the government site for minor repairs. Equipment shall not be removed by the Contractor from the government site for minor repairs.

b) The Contractor shall be responsible for damage to or loss of VA equipment while in Contractor or service Contractor custody. Contractor personnel are the sole responsibility of the service Contractor personnel. No additional charge shall be allowed for work performed off-site, or any additional time required. The Contractor assumes full responsibility for the equipment while it is off-site or in transit.

10. SUBMISSION OF REPORTS

a) The Contractor shall submit a complete field service report (FSR) electronically to the Using Service within 5 calendar days of the work being completed. The FSR at a minimum must contain company name, service technician’s name, contact telephone number, date of service, a detailed description of any services performed on the equipment (model number and location included), serial number of the equipment being worked on, customer asset number (EE#) of the equipment being worked on, signs of misuse or neglect, findings of problems and correction, including all performance verification, listing of replacement parts, when applicable; total hours of service; safety check; performance data; and recommendations necessary to maintain the equipment in optimum operating condition.

b) Contractor’s technician shall document and report to the using service any unsafe conditions or signs of misuse or abuse regarding this medical equipment.

c) The Contractor shall provide a monthly status report of operational values of the systems, including troubleshooting.

d) The Contractor’s Service Technician shall document and report to the using service and COR, any unsafe condition concerning this medical equipment or signs of misuse or neglect. Service Technician shall document the field service report all findings of problems and their correction, including all performance verification.

11. CONTRACTING OFFICER REPRESENTATIVE (COR)

a) No service shall be provided without the approval of the Contracting Officers Representative (COR) or his/her designee of this contract. The Contractor shall not accept any instructions issued by any other person(s) other than the Contracting Officer or his/her delegated representative acting within the limits of his/her authority.

b) The Contracting Officer Representative (COR): A COR may be delegated to assist the CO in the administration and monitoring the resulting contract. A Delegation of Authority letter issued to the COR, a copy of which will be sent to the Contractor, will state the responsibilities and limitations of the COR. The COR is not authorized to change any of the terms and conditions of the resulting contract.

12. CONTRACTOR POINT OF CONTACTS

a) The Contractor Point of Contact: The Contractor shall assign a Point of Contact (POC) and an alternate POC for the purpose of ensuring compliance with all the terms and conditions of this contract and who shall be responsible for administration and clinical matters in the performance of services under this contract.

b) The POC shall have full authority to act for the Contractor on all matters relating to the daily operation of this contract. The POC shall be available by telephone Monday through Friday, between 7:00 a.m. to 4:00 p.m. excluding National Holidays.

13. CHECK-IN AND CHECK-OUT INSTRUCTIONS

a) During Normal Working Hours – For any repairs or service that will be performed during the normal working hours of 7:00 a.m. through 4:00 p.m., Monday- Friday the Contractor shall check-in with the Police Service and with the COR before proceeding to the job site. Contractor shall also check-out with the COR and Police Service before leaving the job site.

b) During Other than Normal Working Hours – On-site services shall be performed during normal working hours (7:00AM – 4:00PM, Monday – Friday) only. A separate, pre-authorized Purchase Order will be required for on-site services performed during other than normal working hours.

14. CHANGES/AUTHORIZED SERVICES

a) Only those services specified herein are authorized under this contract. Before performing any service or repairs of a non-contract nature, the COR or Contracting Officer must be advised of the reasons for this additional work. If appropriate, the Contracting Officer or his/her designee may authorize the additional services or repairs under a separate purchase authorization. The Contractor is cautioned that only the Contracting Officer may authorize additional services or repairs and that reimbursement will not be made unless this prior authorization is obtained.

b) Complaints: Contractor shall promptly and courteously respond to complaints within 3 working days. Including complaints brought to contractor’s attention by the CO. Contractor shall maintain a written record of all complaints, both written and oral showing the identity of the individual, the nature of the complaint, and contractor’s response. Contractor shall permit the Government to inspect such records upon reasonable notice.

15. CONTRACTOR SUBMITTALS/INSURANCE REQUIREMENTS

a) Prior to commencement of work to be performed, the Contractor shall furnish an insurance certificate indicating that the coverage outlined in paragraphs a and b have been obtained and that it may not be changed or canceled without a guaranteed thirty (30) day notice to the CO.

b) The Contractor shall maintain Workers Compensation and Employee’s Public Liability Insurance in accordance with the laws of California.

c) The Contractor shall comply with all applicable Federal and State laws regarding liability for the injury or death of an employee in performing the work under this contract and shall hold the Government harmless against any or all loss, cost, damage, claim expense or liability for accident or injury to persons or property occurring in the performance of this contract.

16. SAFETY AND FIRE PREVENTION

In the performance of this contact, the Contractor shall take such safety precautions as necessary to protect the lives and health of the occupants of the building. Fire and safety deficiencies, which exist and are part of the responsibility of the Contractor, shall be immediately corrected. If the Contractor fails or refuses to correct deficiencies promptly, the COR may issue an order stopping a11, or any part, of the work. The Contractor shall comply with applicable Federal, State, and local safety and fire regulations and codes, which are in effect during the performance period of the contract. The Contractor personnel shall follow applicable facility policies concerning fire/disaster programs.

17. CONFLICT OF INTEREST

a) The Contractor shall not employ any person who is an employee of the United States Government if the employment of that person creates a conflict of interest. The Contractor shall not employ any person who is an employee of the Department of Veterans Affairs (VA) unless such person seeks and receives approval in accordance with VA Regulations and public law. Nor shall the Contractor employee any person who is a member of the immediate family of a VA employee employed at the VA Health Care System if the employment of that family member would create a conflict of interest or appearance of a conflict of interest, particularly with regard to influencing the contract Negotiations, terms of the contract, or the work carried out under the contract.

b) In any such case, the VA must review the matter and give its approval in accordance with agency ethics rules. Contractor shall ensure no violation of ethics occurs between VA staff, VA patients and families of VA staff. Staff shall not accept, solicit, allow or invite gifts, gratuities, sales of items, etc. Any occurrence shall be reported to the COR along with corrective action taken, and the reports will be kept on file for the duration of the contract.

18. HOURS OF SERVICES

The Contractor shall perform the services as specified herein Monday through Friday, between the hours of 7:30am – 4:00pm pacific time with the exception of National Holidays.

19. ADDITIONAL INFORMATION

a) Contractor Employees: The Contractor shall not employ any person for work on this contract if such employee is identified to the Contractor as a potential threat to the health, safety, security, and general well-being of the public.

b) Reporting Procedures: For services to be performed during normal working hours, the Contractor must obtain a visitor’s badge from the security guard assigned at the facility entrance. The Contractor must next report to the Surgery Department to sign the visitor logbook. In addition to signing-in, the Contractor personnel shall identify him/herself to the Using Service before proceeding to the job site.

c) For services to be performed outside normal working hours the Contractor must obtain approval from the CO or Using Service prior to performing any afterhours work. If the afterhours request is approved, a representative from VA Healthcare Endoscopy Surgery Department relay the afterhours protocol requirements to the Service Representative.

d) Prior to leaving the facility the Contractor shall communicate status of equipment to the Using Service, sign out at the same location that they signed in and return the visitor’s badge.

e) Risk Control: All services will be performed in accordance with established and prescribed health and safety standards as applicable. Federal, state and local standards will be adhered to. If circumstances prevent this, it will be brought to the attention of the facility’s representative prior to the commencement of work.

20. GOVERNMENT HOLIDAYS

In accordance with 5 U.S.C. 6103, Executive Order 11582 and Public Law 94-97 the following national holidays are observed and for the purpose of this contract are defined as “Legal Federal official holidays”.

When a holiday falls on a Sunday, the following Monday will be observed as a National Holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a National Holiday by U.S. Government Agencies. Also included would be any day specifically declared by the President of the United States of America as a National holiday.

The following national holidays are observed by the Federal Government:

21. IDENTIFICATION OF CONTRACTOR EMPLOYEES

a) Both parties agree that the contractor employees when the resulting contract will be performed shall not be considered VA employees for any purpose and shall be considered employees of the contractor only. The Contractor shall ensure that the employees assigned shall be cognizant of sexual harassment, drug-free workplace and other appropriate federal employment requirements.

b) The Contractor shall provide a representative who shall be responsible for routine liaison in the performance and administration of the resulting contract. In addition, the COR shall act as the primary point of contact (POC) between the CO and the contractor. The representative shall have

New Year’s Day 1 January Martin Luther King’s Birthday Third Monday in January President’s Day Third Monday in February Memorial Day Last Monday in May Independence Day 4 July Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day 11 November Thanksgiving Day 4th Thursday in November Christmas Day 25 December full authority to act on behalf of the contractor on all matters relating to daily operations of contract performance.

22. STANDARDS OF CONDUCT

a) The Contractor employees shall present a neat, well groomed, professional appearance at all time. The Contractor employees shall not wear sandals, flip-flop style footwear, or open toed shoes.

b) The Contractor employees found to be under the influence of, consuming, or using alcohol or drugs while on duty shall be subject to administrative action from the CO, which may include contract termination. Alcohol/Drug use in the workplace shall not be tolerated.

c) The Contractor shall ensure that all Contractor employees have met qualifying criteria.

Ultimately, the decision to accept or reject contractor employees’ rests with the CO. Non-acceptance of Contractor employees does not relive the contractor from satisfying and fulfilling the requirements of the contract.

d) The Government reserves the right to refuse acceptance of Contractor employees whose personal or professional conduct jeopardized or interferes with the operation of the facility. Breaches of conduct include intoxication or debilitation resulting from drug use, theft, dereliction or negligence in performing directed tasks, or other abuse, or other conduct resulting in formal complaints by staff members to designated Government Representatives. Standards for conduct shall mirror those prescribed by current Federal Employees Regulations.

23. OTHER REQUIREMENTS

a) Smoking Policy: Smoking is strictly prohibited on the grounds of any VHA facility. Per VHA Directive 1085 dated March 5, 2019, it is VHA policy that all VHA health care facilities, including hospitals, community clinics, administrative offices and Vet Centers, will be smoke-free for patients, visitors, contractors, volunteers, and vendors effective October 1, 2019. There will no longer be designated smoking areas. Smoking Is Prohibited on VA Property, Items To Include Cigarettes Cigars. Pipes, any other combustion of tobacco, or non-Federal Drug Administration (FDA) approved electronic nicotine delivery systems (ENDS), electronic/e-cigarettes, vape pens, or e-cigars.

b) Parking: It is the responsibility of Contractor personnel to park only in designated parking areas.

The Contractor shall make alternate arrangements for its personnel to park off-site if motor vehicles are required to access those facilities. Parking information is available from the VA Police & Security Service Office. The VA will not invalidate or make reimbursement for parking violations of the Contractor's personnel under any circumstances. The Contractor assumes full responsibility for any parking violations.

c) Badging: All Contractor employees shall always wear VA provided identification (I.D.) badges above the waist while on the VA grounds. Contractor shall be required to coordinate with the COR to obtain the VA provided I.D. badges for all staff. All VA provided I.D. badges shall be returned at the end of the contract or upon completion of service. Failure to wear ID badges may result in removal from any of the VA facilities and/or otherwise referred to Government property.

d) VA Policy Weapons: Possession of weapons is prohibited. Enclosed containers, including tool kits, are subject to search. Violations of VA regulations may result in citations answerable in the United States (Federal) District Court.

SECTION C - CONTRACT CLAUSES

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

(OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by

EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts;

18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or…