Solicitation 36C25725Q0550_1.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

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

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

SEE ADDENDUM

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

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

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

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

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

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

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C25725Q0550

Romya Turner Romya.turner@va.gov 4695585579 05-23-2025 12:00pm CDT

36C257 Department of Veterans Affairs NCO 17 North Texas Healthcare System Regional Procurement Office West (RPO-W) 124 E. Hwy 67, Suite 100 Duncanville TX 75137

X 100

X

811210

$34 Million

N/A

X

36C257

Department of Veterans Affairs

WTVAHCS

300 W Veterans BLVD

Big Spring, TX 79720-5560

36C257

NCO 17

Department of Veterans Affairs North Texas Veterans Health Care Center

This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.

(877) 353-9791 (512) 460-5540

See CONTINUATION Page

Description: Steris Sterilizers maintenance and repair service.

The Contractor shall provide a quote for Services in accordance with the Statement of Work and the terms and conditions contained herein.

See CONTINUATION Page x X x 1

Tommy Haire Contracting Officer

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

B.4 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

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

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) ... 24

C.5 VAAR 852.201-70 CONTRACTING OFFICER’S REPRESENTATIVE (DEC 2022)

C.6 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.7 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

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

(DEVIATION)

C.8 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

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

2018)

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

C.11 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JAN 2025) (DEVIATION FEB 2025)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 WAGE DETERMINATION 2015-5269

SECTION E - SOLICITATION PROVISIONS

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

1998) ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.4 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—

REPRESENTATION AND DISCLOSURES (DEC 2023)

E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024) (DEVIATION

FEB 2025)

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: Name: _____________________________ Address: _____________________________ City/State/Zip:_____________________________ POC Name:_____________________________ POC Phone: _____________________________ POC Email:_____________________________

UEI:_____________________________

b. GOVERNMENT: Contracting Officer 36C257 Tommy Haire Tommy.Haire@va.gov

Department of Veterans Affairs NCO 17 North Texas Healthcare System Regional Procurement Office West (RPO-W) 124 E. Hwy 67, Suite 100 Duncanville TX 75137

Contract Specialist 36C257 Romya Turner romya.turner@va.gov Department of Veterans Affairs NCO 17 North Texas Healthcare System Regional Procurement Office West (RPO-W)

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] After receipt of services

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

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

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

12.00 MO ___________ ____________

AMSCO 400 Series 48 PVAC SD Hinge LH RTW STM 208V/240V, Total

Care Connect, S/N 032792217, Base Year POP 09/01/2025-08/31/2026, Annual Inspection, QTY 1 Contract Period: Base POP Begin: 09-01-2025 POP End: 08-31-2026

12.00 MO _________ __________

AMSCO 400 Series 48 PVAC SD Hinge LH RTW STM 208V/240V, S/N

032792217, Base Year POP 09/01/2025-08/31/2026, Chamber Cleaning, QTY 1

Contract Period: Base

Care Connect, S/N 032832209, Base Year POP 09/01/2025-08/31/2026, Annual Inspection, QTY 1 Contract Period: Base

12.00 MO _________ ____________

032832209, Base Year POP 09/01/2025-08/31/2026, Chamber Cleaning, QTY 1

Contract Period: Base

4.00 QTR _________ _______

Reliance Vision SC 200-208V 3Ph 60Hz Steam HTD, Total Care Connect, S/N 3623516019, Base Year POP 09/01/2025-08/31/2026, Annual Inspection, QTY 4 (CLIN SHALL BE BILLED QUATERLY) Contract Period: Base

12.00 MO __________ ____________

Care Connect, S/N 032792217, OY1 POP 09/01/2026-08/31/2027, Annual Inspection, QTY 1 Contract Period: Option 1 POP Begin: 09-01-2026 POP End: 08-31-2027

032792217, OY1 POP 09/01/2026-08/31/2027, Chamber Cleaning, QTY 1 Contract Period: Option 1

Care Connect, S/N 032832209, OY1 POP 09/01/2025-08/31/2026, Annual Inspection, QTY 1 Contract Period: Option 1

032832209, OY1 POP 09/01/2026-08/31/2027, Chamber Cleaning, QTY 1 Contract Period: Option 1

4.00 QTR __________ ____________

S/N 3623516019, OY1 POP 09/01/2026-08/31/2027, Annual Inspection, QTY 4 (CLIN SHALL BE BILLED QUATERLY)

Contract Period: Option 1

Care Connect, S/N 032792217, OY2 POP 09/01/2027-08/31/2028, Annual Inspection, QTY 1 Contract Period: Option 2 POP Begin: 09-01-2027 POP End: 08-31-2028

12.00 MO ____________ __________

032792217, OY2 POP 09/01/2027-08/31/2028, Chamber Cleaning, QTY 1 Contract Period: Option 2

Care Connect, S/N 032832209, OY2 POP 09/01/2027-08/31/2028, Annual Inspection, QTY 1 Contract Period: Option 2

12.00 MO ___________ _____________

032832209, OY2 POP 09/01/2027-08/31/2028, Chamber Cleaning, QTY 1 Contract Period: Option 2

4.00 QTR __________ ___________

S/N 3623516019, OY2 POP 09/01/2027-08/31/2028, Annual Inspection, QTY 4 (CLIN SHALL BE BILLED QUATERLY)

Contract Period: Option 2

Care Connect, S/N 032792217, OY3 POP 09/01/2028-08/31/2029, Annual Inspection, QTY 1 Contract Period: Option 3 POP Begin: 09-01-2028 POP End: 08-31-2029

12.00 MO __________ ___________

032792217, OY3 POP 09/01/2028-08/31/2029, Chamber Cleaning, QTY 1 Contract Period: Option 3

Care Connect, S/N 032832209, OY3 POP 09/01/2028-08/31/2029, Annual Inspection, QTY 1 Contract Period: Option 3

032832209, OY3 POP 09/01/2028-08/31/2029, Chamber Cleaning, QTY 1 Contract Period: Option 3

4.00 QTR ___________ ___________

S/N 3623516019, OY3 POP 09/01/2028-08/31/2029, Annual Inspection, QTY 4 (CLIN SHALL BE BILLED QUATERLY)

Contract Period: Option 3

Care Connect, S/N 032792217, OY4 POP 09/01/2029-08/31/2030, Annual Inspection, QTY 1 Contract Period: Option 4 POP Begin: 09-01-2029 POP End: 08-31-2030

032792217, OY4 POP 09/01/2029-08/31/2030, Chamber Cleaning, QTY 1 Contract Period: Option 4

Care Connect, S/N 032832209, OY4 POP 09/01/2029-08/31/2030, Annual Inspection, QTY 1 Contract Period: Option 4

032832209, OY4 POP 09/01/2029-08/31/2030, Chamber Cleaning, QTY 1 Contract Period: Option 4

4.00 QTR ___________ ____________

S/N 3623516019, OY4 POP 09/01/2029-08/31/2030, Annual Inspection, QTY 4 (CLIN SHALL BE BILLED QUATERLY)

Contract Period: Option 4

GRAND TOTAL _____________

B.3 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

0001-

SHIP TO: WTVAHCS

300 W VETERANS BLVD

BIG SPRING, TX 79720

US

ALL 09/01/2025-

08/31/2030

B.4 STATEMENT OF WORK

Statement of Work

Sterilizer Maintenance and Repair Services

Background:

The West Texas VA Health Care System (WTVAHCS) has a requirement for a maintenance and repair service contract for the Steris Sterilizers located at 300 Veterans Blvd, Big Spring, TX.

Scope of Work:

The contractor shall furnish all labor, transportation, parts, test equipment, tools, and expertise necessary to maintain the Steris Sterilizers located at the WTVAHCS.

The contractor shall have the ability to connect to the system remotely through an approved VA VPN connection for troubleshooting purposes.

The contractor shall have the ability to apply all Steris Sterilizer Field Change Orders to ensure the system is maintained to manufacturer’s standards to include software and quality updates.

The contractor shall provide all coverages and benefits normally given in their commercial service and support agreements.

The contractor shall include unlimited parts, unlimited labor, travel, and preventative maintenance/emergency service during the hours of 8:00am – 4:30pm (CST), Monday – Friday. The Facility is not open on the weekends.

Normal service requirements under this contract consist of scheduled preventive maintenance (PM) inspections, adjustments, and repairs, as specified herein, along with scheduled contractor maintenance in response to service calls made by VA employee to the contractor due to a partial or complete system or subsystem failure which requires the contractor to respond within a specified time frame to make needed repairs/adjustments to the system.

The contractor shall provide the following on each piece of equipment:

AMSCO 400 Series 48 PVAC SD Hinge LH RTW STM 208V/240V, Total Care Connect, S/N 032792217

Annual Inspection – 1

AMSCO 400 Series 48 PVAC SD Hinge

LH RTW STM 208V/240V, S/N

032792217

Chamber Cleaning - 1

AMSCO 400 Series 48 PVAC SD Hinge LH RTW STM 208V/240V, Total Care Connect, S/N 032832209

Annual Inspection - 1

AMSCO 400 Series 48 PVAC SD Hinge

LH RTW STM 208V/240V, S/N

032832209

Chamber Cleaning - 1

Reliance Vision SC 200-208V 3Ph 60Hz Steam HTD, Total Care Connect, S/N 3623516019

Annual Inspection - 4

Equipment:

The equipment that requires maintenance and repair service:

NAME/DESCRIPTION OF EQUIPMENT: Sterilizer MANUFACTURER: Steris MODEL: AMSCO 400 Series 48 PVAC SD Hinge LH RTW STM 208V/240V

SERIAL NUMBER: 032792217

EQUIPMENT I.D. NUMBER: 32130

LOCATION – Sterile Processing, Big Spring

NAME/DESCRIPTION OF EQUIPMENT: Sterilizer

MODEL: AMSCO 400 Series 48 PVAC SD Hinge LH RTW STM 208V/240V

SERIAL NUMBER: 032832209

EQUIPMENT I.D. NUMBER: 32129

LOCATION: Sterile Processing, Big Spring

NAME/DESCRIPTION OF EQUIPMENT: Washer

MODEL: Reliance Vision SC 200-208V 3Ph 60Hz Steam HTD

SERIAL NUMBER: 3623516019

EQUIPMENT I.D. NUMBER: 21912

LOCATION: Sterile Processing, Big Spring

Performance Location:

West Texas VA Health Care System 300 Veterans Blvd Big Spring, TX 79720

Period of Performance:

Base Year: 09/01/2025 - 08/31/2026 Option Year 1: 09/01/2026 – 08/31/2027 Option Year 2: 09/01/2027 – 08/31/2028 Option Year 3: 09/01/2028 – 08/31/2029 Option Year 4: 09/01/2029 – 08/31/2030

Conformance Standards:

Contractor shall ensure that the equipment/system functions in conformance with the latest published edition of NFPA-99, OSHA, manufacturer’s Network Equipment/System. Upgrades/updates shall be installed in strict accordance with manufacturer’s specifications and must operate within manufacturer’s specifications and must operate within manufacturer’s specified parameters.

Hours of Coverage:

The contractor shall respond by phone within the normal business hours of the WTVAHCS (8:00 AM to 4:30 PM (CST) M-F). The Facility is not open on the weekends.

Scheduled maintenance shall be performed in accordance at the manufacturer’s recommended intervals and should be scheduled/completed during the month the VA requests. Changes in this periodicity will occur only when approval is granted by the Contracting Officer (CO).

Scheduling for unscheduled maintenance requirements outside of normal hours shall be coordinated with the POC/COR but require the approval of the CO

All scheduled service/repairs shall be performed during these normal hours of coverage unless one of the following conditions exist:

If the contractor decides to perform such maintenance at a time that is outside of the normal hours of coverage, at no additional cost to the Government, and the contractor submits a request to the CO prior to the proposed start of the maintenance and the request is approved by the POC/COR before work is begun.

If the CO directs that the scheduled maintenance be performed at a time that is outside the normal hours of coverage and the additional cost is recommended by the CO.

Federal holidays observed by WTVAHCS are:

New Years' Day Labor Day Martin Luther King Day Columbus Day Presidents' Day Veterans' Day Memorial Day Thanksgiving Day Juneteenth Independence Day Christmas Day Independence Day

If a holiday falls on Sunday, the following Monday will be observed as the 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.

Technical Support:

The contractor shall provide priority technical support for STERIS equipment to include unlimited calls to the STERIS service hotline as part of the Priority Support coverage.

Scheduled Maintenance:

Contractor shall perform PM service to ensure that equipment listed in the schedule performs in accordance with the manufacturer's recommendations as published in the Manufacturer’s Maintenance Manuals for the system.

Contractor shall provide and utilize procedures and checklists with worksheet originals indicating work performed and actual values obtained (as applicable) provided to the POC/COR at the completion of the PM.

PM services shall include, but need not be limited to, the following:

Cleaning of equipment to include filters, gearing, and other parts.

Reviewing operating system software diagnostics to ensure that the system is operating as specified by the manufacturer’s specifications.

Calibrating and lubricating the equipment.

Performing remedial maintenance of non-emergent nature.

Performing electrical safety inspection IAW NFPA 99.

Semi Annual Inspections/Preventative maintenance shall include:

Testing and rebuilding/ replacing valves, solenoids, safety switches and door seals.

AMSCO 400 Series 48 PVAC SD Hinge LH RTW STM 208V/240V, Total Care Connect, S/N 032792217

Semi Annual Inspection/Preventative Maintenance – min. 2 annually

AMSCO 400 Series 48 PVAC SD Hinge LH RTW STM 208V/240V, Total Care Connect, S/N 032832209

Semi Annual Inspection/Preventative Maintenance – min. 2 annually

Quarterly Inspections/Preventive maintenance shall include:

Replacing hepa filter, replacing pre filter along with rebuilding/ replacing valves, solenoids, and seals.

Reliance Vision SC 200-208V 3Ph 60Hz Steam HTD, Total Care Connect, S/N

Quarterly Inspections – 4 annually

Chamber cleaning shall include:

Periodic interior surface cleaning of the chamber walls of steam-hi-temp sterilizers. All non-abrasive detergents and equipment used in the chamber cleaning service shall be included in the pricing.

AMSCO 400 Series 48 PVAC SD Hinge

LH RTW STM 208V/240V, S/N

032792217

Chamber Cleaning – 1 annually

AMSCO 400 Series 48 PVAC SD Hinge

LH RTW STM 208V/240V, S/N

032832209

Chamber Cleaning – 1 annually

Annual inspections shall include:

Maintenance, parts, labor, and travel.

AMSCO 400 Series 48 PVAC SD Hinge LH RTW STM 208V/240V, Total Care Connect, S/N 032792217

Annual Inspection – 1 annually

AMSCO 400 Series 48 PVAC SD Hinge LH RTW STM 208V/240V, Total Care Connect, S/N 032832209

Annual Inspection – 1 annually

Reliance Vision SC 200-208V 3Ph 60Hz Steam HTD, Total Care Connect, S/N

Annual Inspection – 4 annually

Unscheduled Maintenance:

Contractor shall maintain the equipment in accordance with manufacturer’s standards.

Contractor shall provide repair service, which may consist of calibration, cleaning, oiling, adjusting, replacing parts, and installing parts.

All parts will be covered in this agreement.

The POC/COR has the authority to approve/request a service call from the contractor.

Response time:

Contractor’s Field Service Engineer (FSE) shall respond by phone during normal business hours or within (30) minutes after normal business hours.

If the problem cannot be corrected by phone or by remote diagnostics the contractor will dispatch a technician to arrive not later than 4 business hours after the call is placed.

Uptime commitment shall be 95%.

Parts:

Contractor shall provide all replacement parts needed to keep the system in operating condition as originally designed by the manufacturer.

Parts may be repaired or replaced, as the contractor deems appropriate. No used parts will be used to repair this equipment.

Parts shall be shipped for arrival the next day by 10:30 A.M (CST).

Service Manuals:

VA will not provide service manuals of service diagnostic software to the contractor. The contractor shall obtain, have on file, and make available to its FSEs all operational and technical documentation, (such as: operational and service manuals, schematics, and parts list), which are necessary to meet the performance requirements of this contract.

The location and listing of the service data manuals, by name, and/or the manuals themselves shall be provided to the COR upon request.

Documentation/Reports:

Documentation shall include detailed descriptions of the scheduled and unscheduled maintenance procedures performed, including replaced parts and prices required to maintain the equipment in accordance with manufacturer specifications. Test equipment used for calibration shall be listed on the service report by manufacturer, model number, serial number, and date due calibration.

Any additional charges will be approved by the POC/COR before service is completed.

Services Beyond the Contract Scope:

Contractor shall immediately, but not later than 24 consecutive hours after discovery, notify the POC/COR, (in writing), of the existence of the development of any defects in, or repairs required to, the scheduled equipment which the contractor considers he/she is not responsible for under the terms of the contract.

Contactor shall furnish the POC/COR with a written estimate of the cost to make necessary repairs.

Condition of Equipment:

The contractor accepts responsibility for the equipment described in “as is” condition.

Failure to inspect the equipment prior to contract award shall not relieve the contractor from performance of the requirements of this contract.

Test Equipment:

Test equipment calibration shall be traceable to National Institutes of Standard Technology standards. Each service report shall list test equipment used and date calibration to NIST is due. Test equipment out of calibration shall not be used.

Contractor Qualifications:

“Fully qualified” is based upon training and experience in the field. For training, the FSE(s) has successfully completed a formalized training program for the equipment identified in this solicitation as required by the Original Equipment Manufacturer (OEM) and equal to what the manufacturer provides their own field service personnel.

Contractor must provide, upon request, evidence of appropriate training of any FSE(s) providing services under terms of the contract. Subcontracting of any ensuing award of this solicitation will not be allowed without written permission of the Contracting Officer.

Contractor must have access to all OEM proprietary information due to the critical nature of these services. Examples of this information would be software updates and factory service bulletins that describe updates/modifications needed to make the equipment under this contract safe for use.

Security and Privacy:

Vendor will not have access to information deemed to be “VA sensitive information”. The certification and accreditation (C&A) does not apply.

The contractor, their personnel, and their subcontractors shall be subject to the Federal laws, regulations, standards, and VA Directives and Handbooks regarding information and information system security as delineated in this contract.

Consistent with the requirements of 38 U.S.C. 5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract. However, it is the policy of VA to forgo collection of liquidated damages in the event the contractor provides payment of actual damages in an amount determined to be adequate by the agency.

Records Manager:

i. Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a);

36 CFR Part 1222 and Part 1228.

ii. Contractor shall treat all deliverables under the contract as the property of the U.S.

Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

iii. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.

iv. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

v. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

vi. The Government Agency owns the rights to all data/records produced as part of this contract.

vii. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

viii. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [email, fac, etc.] or state of completions [draft, final, etc.]

ix. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation of unauthorized destruction of records, including all forms of mutilation.

Willful and unlawful destruction, damage, or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S. C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the Agency records schedules.

x. Contractor is required to obtain the contracting officer’s approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under or relating to this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive ad proprietary information.

Worker Access and Reporting Requirements:

Contractor employees will need to get access badges from the VA Police Service located on the ground floor, main facility prior to conducting business, installation, or training functions.

When service is completed, the FSE shall document services rendered on a legible ESR(s) and submit to the BESS who set-up the service. The ESR can be submitted when logging out with Biomed, via an internet web site or e-mail. ESRs should be submitted not later than 5 business days after service is complete. Preferred method of delivery is via email to

In those cases when the Biomed office is closed, contractor personnel will log in and/or out via the VA police and after-hours service shall be prearranged with the BESS.

Identification, Parking, Smoking, and VA Regulations:

Contractor’s FSE(s) shall wear visible identification at all times while on the premises of the VA. Identification shall include, at a minimum, the employee’s name, position, and the contractor’s trade name.

It is the responsibility of the contractor to park in the appropriate designated parking areas. Information on parking is available from VA Police Service. VA will not invalidate or make reimbursement for parking violations of the contractor under any conditions.

Smoking is prohibited inside all VA buildings.

Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search.

Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance.

The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

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

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

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

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

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes.

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

and

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

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

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

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

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

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.

3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

33.211 if—

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work.

Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

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

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

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

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

FAR

Number

Title Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER

RIGHTS

NOV 2023

52.204-13 SYSTEM FOR AWARD MANAGEMENT

MAINTENANCE

OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

(End of Clause)

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

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause)

C.4 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; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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.5 VAAR 852.201-70 CONTRACTING OFFICER’S REPRESENTATIVE (DEC 2022)

The Contracting Officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee’s authority. A copy of the designation letter shall be furnished to the Contractor.

(End of Clause)

C.6 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

C.7 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

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

(DEVIATION)

(a) Definition. for the Department of Veterans Affairs, ‘‘Service-disabled Veteran-owned small business concern or SDVOSB’’:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.201, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been certified for ownership and control pursuant to 38 U.S.C.

8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.

(2) The term ‘‘Service-disabled Veteran’’ means a Veteran, as defined in 38 U.S.C.

101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term ‘‘small business concern owned and controlled by Veterans with service-connected disabilities’’ has the meaning given the term ‘‘small business concern owned and controlled by service-disabled veterans’’ under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)).

(5) The term “SDVOSB participant” or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102).

https://veterans.certify.sba.gov/

(b) General. In order for a concern to submit an offer and be eligible for the award of an SDVOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be listed as an SDVOSB participant in the SBA certification database as set forth in 13 CFR 128.

(1) Offers received from entities that are not certified SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a certified SDVOSB listed in the SBA certification database who is eligible at the time of submission of offer(s) and at the time of award.

(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only certified SDVOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible and certified SDVOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70.

(d) Agreement/LOS certification. When awarded a contract action, including orders under multipleaward contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size, and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting (LOS) requirements in 13 CFR 121.406(b) and 13 CFR 125.6.