Solicitation 36C24221Q0564.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 69

36C24221Q0564 03-23-2021

MILLS, BRAD | William.Mills4@va.gov 914.737.4400 x2074 04-02-2021 4:00 pm EDT

Department of Veterans Affairs Network Contracting Office (NCO) 2 James J. Peters VA Medical Center 130 W. Kingsbridge Rd.

Bronx NY 10468-3904

X 100

X

811219

$22 Million

N/A

X

Department of Veterans Affairs James J. Peters VA Medical Center Attn: Facility Management Office 130 W. Kingsbridge Rd.

Bronx NY 10468-3904

Department of Veterans Affairs Network Contracting Office (NCO) 2 James J. Peters VA Medical Center 130 W. Kingsbridge Rd.

Bronx NY 10468-3904

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

See CONTINUATION Page

This solicitation is for an Indefinite Delivery/Indefinite Quantity requirement for Patient Ceiling Lift services to be provided to the James J. Peters VA Medical Center (address in block 15). See Statement of Work for detailed information The performance period shall be for one year, to include 4 option years, as follows:

Base Year: April 15, 2021 through April 14, 2022 Option Year 1: April 15, 2022 through April 14, 2023 Option Year 2: April 15, 2023 through April 14, 2024 Option Year 3: April 15, 2024 through April 14, 2025 Option Year 4: April 15, 2025 through April 14, 2026

* See quote instructions on page 37 and evaluation information on page 39.

See CONTINUATION Page

X 1

MILLS, BRAD

Contracting Officer

36C24221Q0564

Table of Contents

SECTION A

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

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

B.4 PRICE WORKSHEET

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

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

2018)

C.2 52.216-18 ORDERING (AUG 2020)

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

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

C.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 24

C.6 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (DEVIATION 2019-

01)

C.7 52.219-14 LIMITATIONS ON SUBCONTRACTING (DEVIATION 2019-01)

C.8 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND

VEGETATION (APR 1984)

C.9 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.10 VAAR 852.212-72 GRAY MARKET AND COUNTERFEIT ITEMS (MAR 2020) .. 28

C.11 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND

COMPLIANCE (JUL 2018)

C.12 VAAR 852.237-75 KEY PERSONNEL (OCT 2019)

C.13 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.14 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.15 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

D.1 See attached document: Checklist for CM and PM

D.2 WAGE DETERMINATION

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JUN 2020) 48

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.4 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (FEB 2021)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C242 Brad Mills | William.Mills4@va.gov

Department of Veterans Affairs Network Contracting Office (NCO) 2 2875 Union Road Suite 3500 Cheektowaga NY 14227

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

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

[ ] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly [ ]

b. Semi-Annually [ ]

c. Other [X] Monthly

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

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

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

AMENDMENT NO DATE

B.2 STATEMENT OF WORK

A. GENERAL INFORMATION:

1. Project Title: James J. Peters VAMC Patient Safety Lifts Maintenance Services

2. Background: The James J. Peters VA Medical Center has a requirement for preventive maintenance services on 233 Arjo Maxi Sky 600 units and 24 Tollos Cirrus 600 units. Note: Due to ongoing operational changes in the James J. Peters VA Medical Center, the actual number and composition of the patient lifts to be serviced may change during the effective period of the contract.

3. Scope: The Contractor shall provide all labor, materials, tools, equipment and supervision of a certified-licensed technician to perform preventive maintenance and call-back repairs for equipment and associated tracks noted below at each facility. Contractor shall provide one annual preventive maintenance inspection (August of each year), replace parts (includes everything except batteries). Additionally, up to 50 emergency/unscheduled service call visits (to include parts/installation (excludes batteries) may be required for each performance year. Number of emergency/unscheduled service call visits shall be no less than 20 and above 250 calls for the total contract (base plus four years). Response to emergency/unscheduled service call visits shall be within 24-hours of notification.

4. Places of Performance:

Department of Veterans Affairs James J. Peters VA Medical Center 130 W. Kingsbridge Rd.

Bronx, NY 10468

5. Performance Period: Performance shall be for a period of one year, effective the date identified in block 3 of the SF1449, with four option years.

6. Contract Type: Firm Fixed Price

7. Applicable Documents:

• Corrective and Preventive Maintenance Checklist for Ceiling Mounted Patient Lifts: Required checklist for every preventive maintenance or significant corrective maintenance of a ceiling mounted patient lift in VHA facilities, from NCPS Patient Safety Alert AL14-07

8. Privacy Requirements:

a) This requirement was assessed for Information Security per Handbook 6500.6 Appendix A and no IT

Contract Security clauses, as found in VA Handbook 6500.6 Appendix C, are applicable.

b) This requirement was assessed for VA Privacy Training per Handbook 6500.6 Appendix A and no privacy training requirements are identified.

c) This contract requirement does not require contractor personnel to review and sign the Contractor Rules of Behavior language as found in Handbook 6500.6 Appendix D.

d) The C&A requirements do not apply, and a Security Accreditation Package is not required.

https://www.publichealth.va.gov/docs/employeehealth/PreventitiveMaintenance.pdf

e) This contract requirement does not require a Business Associate Agreement.

B. REQUIREMENTS:

1. All materials and services provided shall be in accordance with the Original Equipment Manufacturer

(OEM) specifications and guidelines. During schedule service intervals, all parts including batteries and accessories shall be replaced at no additional cost to the Government.

2. Visual Inspection Annual Ceiling Lift and Track products and ensure:

a) The lifting strap shows no sign of fraying or breaking along its entire length.

b) The stitching on the lifting strap where it connects to the carry bar shows no signs of fraying or breaking.

c) The airline tube that connects the hand control to the lift is not kinked, twisted, knotted, cut or damaged.

d) All the functions on the hand control work correctly.

e) The brackets that hold the track in place are secure and do not move or appear loose.

f) There are no cuts, dents or sharp edges on the carry bar.

g) The lift makes no unusual sounds during operation.

h) That there are end stops and pins installed at each end of the track.

i) The lift moves freely along the entire length of the track.

j) Certify and record of lift inspection to be provided.

3. Preventative Maintenance Annual Ceiling Lift and Track Products:

a) Inspect complete lift operation.

b) Inspect all power connections and record all power voltages.

c) Check and load test batteries.

d) Lubricate moving parts as needed.

e) Clean all rails and trolleys.

f) Verify operation of lifting strap limit switches.

g) Record then reset the PM lifts counter.

h) Certify and record of lift inspection to be provided.

4. Load Testing to manufacturer’s recommendation Ceiling Lift and Track Products:

a) Tracks will be load tested to the manufacturer’s recommendation;

b) each track attachment will be point load tested;

c) the deflection of the track will be measured and determined if meets manufacturer’s standards.

d) Lifts will be load tested per manufacturer specifications.

e) Inspect above ceiling structure.

f) Certify and record of lift inspection to be provided.

5. Visual Inspection (1x Annual) Floor Based Products:

a) The sling (s) that will be used shows no signs of unusual wear and tear.

b) The straps of the sling that connect to the carry bar of the lift show no signs of fraying or breaking. Refer to specific sling instructions.

c) The airline tube that connects the hand control to the lift is not kinked, twisted, knotted, cut or damaged.

d) All the functions on the hand control work correctly (e.g. UP/DOWN/LEFT/RIGHT, etc.)

e) There are no cuts, dents or sharp edges on the carry bar that may damage the straps of the sling.

f) Ensure the lift makes no unusual sounds when the carry bar is moved UP/DOWN Inspection and cleaning of the casters and brakes of floor based products Inspection of the structural integrity of the mast, lift arm and base Inspection of the actuator for structural integrity, wear and looseness at lift arm Certify and record of lift inspection for inspector records Preventative Maintenance (1x Annual) Floor Based Products Inspect complete lift operation Check and load test Batteries Lubricate moving parts as needed

g) Load test to maximum load of lift per manufacturer s specifications Certify and provide record of lift inspection for inspector records Coverage on Batteries

h) All batteries are replaced annually.

i) Allows optimal lift operation.

j) Coverage on Straps Lifting straps are inspected for signs of fraying or breaking during base coverage services.

k) Lifting straps that fail inspection are replaced at no additional charge.

l) Replacements are made onsite, no factory returns required.

m) Replaced at time of preventative maintenance, no additional down time.

n) Coverage on Hand Controls Hand control functionality is checked during base coverage services.

o) Hand controls that fail functionality testing are replaced at no additional charge.

p) Replacements are made onsite, no factory returns required.

q) Replaced at time of preventative maintenance, no additional downtime.

6. Emergency/Unscheduled Repair Services: The Contractor shall provide an on-site technician to perform emergency/unscheduled service for repairs on the patients lift(s) within twenty-four (24) hours of receiving a service call and place equipment in first-class operating condition based on PM parameters above. The Contractor shall provide all parts and materials for repairs.

7. Coverage on All Replacement Parts: All replacement parts are covered for the contract period. Onsite replacements during time of preventative maintenance, no additional downtime. Shipping not included.

Additional repair parts needed throughout year are covered at no charge. Requires return of broken part(s).

Shipping not included. Annual Preventative Maintenance shall be initiated no later than 60 calendar days after award. Preventative maintenance shall be completed on all lifts within 30 calendar days of PM start.

The contractor shall submit a schedule for the completion of maintenance for each lift for approval prior to implementation. The contractor shall respond to trouble calls within two (2) hours of initial call to company.

No more than five (5) lifts per floor may be out of service at any given time. Should this occur, the contractor shall supply temporary lift units at or beyond lifting capabilities of the lift it is replacing until units are addressed.

8. Requests for services shall be made via telephone or email by authorized VA Engineering Services, the

Contracting Officer, or other authorized VA designee only.

9. All work shall be approved prior to commencement.

10. Work shall not be considered complete until accepted by an authorized VA designee. Contractor shall only be paid for work that has been completed during the performance period of the contract. Contractor cannot be paid (and should not invoice for work/services that have not been scheduled or completed).

11. All work shall be coordinated through an authorized VA designee. Access to VA space must be coordinated and approved by VA Engineering Services personnel (or designee) prior to the beginning any work that is to be performed.

12. Contractor shall complete the Corrective and Preventive Maintenance Checklist for Ceiling Mounted Patient Lifts (attachment) for each and/or PM completed on each patient lift at James J. Peters VAMC. This documentation shall be provided to Engineering Services staff and COR upon completion.

C. DELIVERABLES: Contractor shall furnish all parts, maintenance kits, consumable and expendable items, and supplies necessary to perform scheduled and unscheduled maintenance on the equipment. All materials and services provided shall be according to the OEM specifications and guidelines. During scheduled service intervals, all parts including new batteries and accessories shall be replaced at no additional cost.

1. PARTS: Only new, standard parts shall be furnished by the contractor. All parts shall meet current manufacturer standards and have versatility with presently installed equipment. All replacement parts become the property of the Government once installed by the contractor. Replacement parts are to be disposed of by the Contractor after obtaining approval from the Contracting Officer s Representative.

Replaced parts are to be disposed by the Contractor after obtaining approval from the Contracting Officer's Representative (COR).

2. SCHEDULED SERVICES: Contractor shall perform the Original Equipment Manufacturer (OEM)'s

Scheduled Periodic Manufacturer's Certification, electrical safety checks, and software updates on the equipment. Scheduled travel is included as part of the service contract. The contractor shall account for all travel expenses associated with the completion of the requested tasks. Anticipated travel costs associated with the execution of the service plan(s) on the equipment shall be included in the total cost of the service plan(s). The Contractor technical service representative shall contact Engineering Services Personnel and the COR at least three (3) weeks prior to the recommended scheduled maintenance date to plan/coordinate the required work that is to be performed. All services shall be performed during normal business hours unless an alternate work schedule has been approved by Engineering Services and/or the

COR.

3. MANDATORY SAFETY CORRECTIONS: Safety corrections on the equipment as required by OEM or FDA regulations is covered within the scope of this requirement (contract).

4. REPORTS/DOCUMENTATION: Contractor shall retain and provide for the convenience and on behalf of the facility maintenance and service records. A legible, signed service report shall be provided directly to Engineering Services following completion of each service call/visit and shall include equipment identification (i.e. serial number), date and time of service call, list of parts replaced, results of inspections and/or calibrations, and a description of the work accomplished. Service reports shall be provided within five days after completion of the work performed. All service reports shall be emailed within five days of completion of the maintenance work to Engineering Services and the COR.

During the service, the contractor shall report any changes in delivery requirements/problems to the COR (Contracting Officer Representative). Contractor shall complete the VHA Corrective and Preventive Maintenance Checklist for Ceiling Mounted Patient Lifts (attachment) for each CM and/or PM completed on each patient lift. This documentation shall be provided to Engineering Services staff and COR upon completion.

5. PERSONNEL: Contractor shall provide all necessary personnel to maintain the system. Labor required for both scheduled and unscheduled (emergencies) services are included as part of the cost of the service plan/contract for this requirement. Contractor employees (who will be performing work and executing tasks/deliverables) on the equipment shall be factory trained, qualified, certified, and licensed on the specific maintenance services that are required/needed. Work/tasks shall not be performed by individuals lacking the credentials/qualifications/certifications listed herein. The Contractor shall provide written assurance of the competency for their personnel and a list of credentials of approved Field Service Engineers for each system before these individuals begin work or perform services on the equipment/system. All technical service representatives provided by the contractor shall comply with VA security management program directives and shall obtain the appropriate clearances from the VA police, possess the appropriate identification (job title, position/employer), and only be allowed in areas where access has been granted/authorized. All key personnel shall be certified by the manufacturer to be able to perform maintenance, upgrades, or any other service covered under this contract.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 YR

Patient Lift services for the James J. Peters VA Medical Center, Bronx New York Contract Period: Base POP Begin: 04-15-2021 POP End: 04-14-2022

0001AA

1.00 UN

Pricing for Annual Preventative Maintenance (PM) for Arjo Maxi Sky 600 units Contract Period: Base

0001AB

Pricing for Annual Preventative Maintenance (PM) for Tollos Cirrus 600 units Contract Period: Base

0001AC

1.00 JB

Pricing for Annual emergency/unscheduled service support for each call.

All parts, except batteries Contract Period: Base

0001AD

Pricing for battery during emergency/unscheduled service support Contract Period: Base

Patient Lift services for the James J. Peters VA Medical Center, Bronx New York Contract Period: Option 1 POP Begin: 04-15-2022 POP End: 04-14-2023

1001AA

Pricing for Annual Preventative Maintenance (PM) for Arjo Maxi Sky 600 units

Contract Period: Option 1

1001AB

Pricing for Annual Preventative Maintenance (PM) for Tollos Cirrus 600 units Contract Period: Option 1

1001AC

Pricing for Annual emergency/unscheduled service support for each call.

All parts, except batteries Contract Period: Option 1

1001AD

Pricing for battery during emergency/unscheduled service support Contract Period: Option 1

Patient Lift services for the James J. Peters VA Medical Center, Bronx New York Contract Period: Option 2 POP Begin: 04-15-2023 POP End: 04-14-2024

2001AA

Pricing for Annual Preventative Maintenance (PM) for Arjo Maxi Sky 600 units Contract Period: Option 2

2001AB

Pricing for Annual Preventative Maintenance (PM) for Tollos Cirrus 600 units Contract Period: Option 2

2001AC

Pricing for Annual emergency/unscheduled service support for each call.

All parts, except batteries Contract Period: Option 2

2001AD

Pricing for battery during emergency/unscheduled service support Contract Period: Option 2

Patient Lift services for the James J. Peters VA Medical Center, Bronx New York Contract Period: Option 3 POP Begin: 04-15-2024 POP End: 04-14-2025

3001AA

Pricing for Annual Preventative Maintenance (PM) for Arjo Maxi Sky 600 units Contract Period: Option 3

3001AB

Pricing for Annual Preventative Maintenance (PM) for Tollos Cirrus 600 units Contract Period: Option 3

3001AC

Pricing for Annual emergency/unscheduled service support for each call.

All parts, except batteries Contract Period: Option 3

3001AD

Pricing for battery during emergency/unscheduled service support Contract Period: Option 3

Patient Lift services for the James J. Peters VA Medical Center, Bronx New York Contract Period: Option 4 POP Begin: 04-15-2025 POP End: 04-14-2026

4001AA

Pricing for Annual Preventative Maintenance (PM) for Arjo Maxi Sky 600 units Contract Period: Option 4

4001AB

Pricing for Annual Preventative Maintenance (PM) for Tollos Cirrus 600 units Contract Period: Option 4

4001AC

Pricing for Annual emergency/unscheduled service support for each call.

All parts, except batteries Contract Period: Option 4

4001AD

Pricing for battery during emergency/unscheduled service support Contract Period: Option 4

GRAND TOTAL __________________

B.4 PRICE WORKSHEET

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Patient Lift services for the James J. Peters VA Medical Center, Bronx New York Contract Period: Base

0001AA

233.00 UN

Pricing for Annual Preventative Maintenance (PM) for Arjo Maxi Sky 600 units Contract Period: Base

0001AB

24.00 UN

Pricing for Annual Preventative Maintenance (PM) for Tollos Cirrus 600 units Contract Period: Base

0001AC

50.00 JB

Pricing for Annual emergency/unscheduled service support for each call.

All parts, except batteries Contract Period: Base

0001AD

Pricing for battery during emergency/unscheduled service support Contract Period: Base

Patient Lift services for the James J. Peters VA Medical Center, Bronx New York Contract Period: Option 1

1001AA

Pricing for Annual Preventative Maintenance (PM) for Arjo Maxi Sky 600 units Contract Period: Option 1

1001AB

Pricing for Annual Preventative Maintenance (PM) for Tollos Cirrus 600 units Contract Period: Option 1

1001AC

Pricing for Annual emergency/unscheduled service support for each call.

All parts, except batteries Contract Period: Option 1

1001AD

Pricing for battery during emergency/unscheduled service support Contract Period: Option 1

Patient Lift services for the James J. Peters VA Medical Center, Bronx New York Contract Period: Option 2

2001AA

Pricing for Annual Preventative Maintenance (PM) for Arjo Maxi Sky 600 units Contract Period: Option 2

2001AB

Pricing for Annual Preventative Maintenance (PM) for Tollos Cirrus 600 units Contract Period: Option 2

2001AC

Pricing for Annual emergency/unscheduled service support for each call.

All parts, except batteries Contract Period: Option 2

2001AD

Pricing for battery during emergency/unscheduled service support Contract Period: Option 2

Patient Lift services for the James J. Peters VA Medical Center, Bronx New York Contract Period: Option 3

3001AA

223.00 UN

Pricing for Annual Preventative Maintenance (PM) for Arjo Maxi Sky 600 units Contract Period: Option 3

3001AB

Pricing for Annual Preventative Maintenance (PM) for Tollos Cirrus 600 units Contract Period: Option 3

3001AC

Pricing for Annual emergency/unscheduled service support for each call.

All parts, except batteries Contract Period: Option 3

3001AD

Pricing for battery during emergency/unscheduled service support Contract Period: Option 3

Patient Lift services for the James J. Peters VA Medical Center, Bronx New York Contract Period: Option 4

4001AA

223.00 UN

Pricing for Annual Preventative Maintenance (PM) for Arjo Maxi Sky 600 units Contract Period: Option 4

4001AB

Pricing for Annual Preventative Maintenance (PM) for Tollos Cirrus 600 units Contract Period: Option 4

4001AC

Pricing for Annual emergency/unscheduled service support for each call.

All parts, except batteries Contract Period: Option 4

4001AD

Pricing for battery during emergency/unscheduled service support Contract Period: Option 4

GRAND TOTAL __________________

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 contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS

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

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

C.2 52.216-18 ORDERING (AUG 2020)

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

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

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

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

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

(3) If sent electronically, the Government either—

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

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

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

(End of Clause)

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

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $100,000.00;

(2) Any order for a combination of items in excess of $150,000.00; or

(3) A series of orders from the same ordering office within REMOVE days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

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

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after April 14, 2026.

(End of Clause)

C.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days from contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause)

C.6 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (DEVIATION 2019-01)

(a) Definition. "Small business concern," as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(b) Applicability. This clause applies only to—

(1) Contracts that have been totally set aside or reserved for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(d) Agreement.

(1) For a contract at or below the simplified acquisition threshold, a small business concern may provide the end item of any firm. For a contract exceeding the simplified acquisition threshold and the requirements of paragraphs (d)(1)(i) through (iii) of this clause have not been waived by SBA in accordance with 13 CFR 121.1204, a small business concern that provides an end item it did not manufacture, process, or produce, shall—

(i) Provide an end item that a small business has manufactured, processed, or produced in the United States or its outlying areas;

(ii) Be primarily engaged in the retail or wholesale trade and normally sell the type of item being supplied;

and

(iii) Take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice; for example, providing storage, transportation, or delivery.

(2) Paragraph (d)(1) of this clause does not apply to construction or service contracts.

(End of Clause)

C.7 52.219-14 LIMITATIONS ON SUBCONTRACTING (DEVIATION 2019-01)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. As used in this clause—

“Similarly situated entity” means a first-tier subcontractor, including an independent contractor, that has the same small business program status as that which qualified the prime contractor for the award, and that is considered small for the NAICS code the prime contractor assigned to the subcontract the subcontractor will perform. An example of a similarly situated entity is a first-tier subcontractor that is a HUBZone small business concern for a HUBZone set-aside or sole source award under the HUBZone Program.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside or reserved any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15; and

(4) Orders set aside for any of the small business concerns identified in 19.000(a)(3) under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Agreement. By submission of an offer and execution of a contract, the Offeror/Contractor agrees in performance of the…