7110--Radiologist Workstations

36C24721Q0868

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COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

General Information:

Document Type:

Combined Solicitation/Synopsis

Solicitation Number:

36C24721Q00868

Posted Date:

July 8, 2021

Original Response Date:

July 16, 2021

Current Response Date:

10:00AM EST

Product or Service Code:

PRODUCT

Set Aside (SDVOSB/VOSB):

SDVOSB

NAICS Code:

337214

Contracting Office Address:

WJB Dorn VA Medical Center

6439 Garners Ferry Road

Columbia, SC 29209

Description:

The WJB Dorn VA Medical Center, located at 6439 Garners Ferry Road, Columbia, SC 29209 is seeking to purchase a Radiologist Workstations for the VA Columbia Healthcare System.

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested, and a written solicitation document will not be issued.

This solicitation is a request for quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-02.

The associated North American Industrial Classification System (NAICS) code for this procurement is 337214, with a small business size standard of 1000 employees.

Point of Contact:

POC for this acquisition is Joseph Locke, 803-776-4000, Ext: 7801; joseph.locke@va.gov

All interested companies shall provide a quotation for the following:

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 36C247

Department of Veterans Affairs

W.J.B. Dorn VA Medical Center

6439 Garners Ferry Road

Columbia SC 29209-1639

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]

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

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center

PO Box 149971

Austin TX 78714-9971

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the

Solicitation numbered and dated as follows:

AMENDMENT NO

DATE

REQUIREMENTS:

THIS WORKSTATION SHALL ACCOMMODATE BOTH STAND-UP AND SIT-DOWN POSITIONS IN ONE UNIT AS DEFINED BY:Â ANSI/HFES 100 2007 HUMAN FACTORS ENGINEERING OF COMPUTER WORKSTATIONS - dated November 16, 2007. A copy of this document is available via e-mail request to joseph.locke@va.gov

Standing adjustability requirements are based on input device support surface heights specified in ANSI/HFES100-2007 p 80 sections 8.3.2.4.3. and monitor surface heights are based on surface heights specified in ANSI/HFES 100-2007 p 77 par. 8.3.2.2

SPECIFICATIONS - Sit - Stand Adjustable Height Workstations

Adjustable Height Workstations

Stability Function

Requires separate independent electric floor supported, adjustable work surfaces for both monitor and keyboard.

Each work surface (input and monitor) shall have a separate lifting equipment weight capacity of 300lbs. minimum which does not include weight of worksurface.

Desk must meet Operator Clearance requirements of ANSI/HFES 100-2007-page 79 section 8.3.2.1.1 Method 2.

Test requirements:Â Respondent shall include copies of independent test laboratory results indicating compliance with ANSI/BIFMA X5.5 2008.

Keyboard/Input Surface - Sitting/Standing

Keyboard Surface height requirements are considered paramount to proper ergonomic positioning. All proposers must clearly identify the height range of the keyboard/input surface and submit drawings illustrating adjustment range of product proposed for this project. Failure to submit drawings illustrating this range will render the proposal non-responsive

Keyboard surface shall have static load capacity of 500 lbs. to prevent damage from users sitting / leaning on or using the surface as an aid in standing.

Keyboard surface must lower to 5th percentile seated female elbow height dimension (22") from the floor according to ANSI/HFES 100 -2007 8.3.2.4.3, Page 85 from the floor to the top of the keyboard surface.

Keyboard surface must raise to at least standing elbow height for 95th percentile male user (46.5") from the floor to the home row of keyboard. ANSI/HFES 100 -2007 8.3.2.4.3, Page 85

Keyboard Surface width must accommodate multiple keyboards or other input devices and still provide room for note taking on either right- or left-hand side; each desk will have 2 keyboards and 2 mice.

Monitor Surface - Sitting/Standing

Monitor Surface height requirements are considered paramount to proper ergonomic positioning. All proposers must clearly identify the adjustment range of the monitor surface and submit drawings illustrating adjustment range of product proposed for this project as well as the monitor mounting.Â

Monitor Surface must lower 22 to allow positioning of monitor so that the gaze angle of the 5th percentile seated female to the center of the screen ranges between -15° and -25° from horizontal eye level. (ANSI/HFES100 section 8.3.2.2 8.3.2.3 pages 82-83)

Monitor Surface must raise to 48" to allow positioning of monitor so that the gaze angle of the 95th percentile standing male to the center of the screen ranges between -15° and -25° from horizontal eye level (69¼ ) using a 17" monitor (ANSI/HFES100 section 8.3.2.2 8.3.2.3 pages 82-83)

Monitor Surface must be wide and deep enough to accommodate at least 4 LCD flat panel monitors (two (2) 24 monitors and two (2) 34 monitors) on a single level without stacking.

If monitors are stacked monitor surface must be able to lower below the keyboard surface to maintain proper viewing angles for most users.

Monitor surface must be engineered to anticipate the possibility of technicians needing to stand or kneel on surface to service equipment and shall be capable of supporting a 500 lb. static load.

Adjustment Devices

Adjustment speed to be minimum 1.5"/second.

Controller shall not be located where it can be damaged by chair arms. Location under front edge of keyboard surface is unacceptable.

Safety finger clearance of 1½ minimum between stationary returns and moving surfaces or between moving surfaces of double surface tables is required.

Controller shall include collision detection technology which will detect sudden changes in load to identify obstructions in the path of the moving surface. Collision detection technology to cause work surface to stop on detection of obstruction and reverse direction approximately 10cm to avoid entrapment of obstruction. Collision detection shall function in both upward and downward directions.

Laminate All Work surfaces

Keyboard Monitor and fixed height surfaces must be non-glare, high pressure laminate.

All corners of input surface must be rounded minimum of 3" radius and top edge radiused a minimum of .4375 .

Control Electronics

All electronic control boxes which power the height adjustment of the surfaces shall be mounted in easily accessible location for trouble shooting. Dispatchers and service technicians shall not be required to crawl under desk and look up at the bottom of the surface.Â

All desk control electronics shall be labeled for easy identification.  This include cables, electric boxes, and pathways. Â

Cable Management and Power

Cable pathways must be easy for the tech to access from the front of the desk. Â

Monitor and keyboard cables must have separate pathways from the computer to the end point.

Cable entry path from computer cabinet to the Desk must have opening large enough for all cables and a hand to fit through. Â Minimum of 2.5 in height by 10 wide.

Cable bridge shall support cables from cabinet to Desk. Must have separate pathways for low voltage and high voltage.Â

Cabling shall be guided from CPU cabinet or panel enclosure to the monitor surface of the adjustable table in an energy chain with easy flip-up cable channel access.Â

Keyboard cabling shall be guided from cable bridge through energy chain to keyboard surface.

Cabling shall be guided through a 3rd energy chain from the back of the monitor surface to the focal depth platform to keep cables organized during focal depth adjustments.Â

Desk shall have minimum 4 h x 3 d J channel around back of monitor surface aligned with grommets for management of cables / transformers and cable connections.Â

Supplier shall provide premium quality extension cables as required to connect monitors, keyboards, mice and all devices to CPUs.

Surge protector with minimum 10 outlets shall be permanently affixed to the desk. Permanent affixation includes being mounted with screws, adhesive, or other methods that would require tools for removal.

              Â

CPU Holders

Imaging desks must hold up to two computers under monitor surface

CPUs must move with monitor surface adjustment to keep data cables as short as possible.Â

CPU holders must hold a computer which measures up to 19 tall by 9 wide by 18 deep.Â

Personal Climate Controls

User Hand Control (UHC) shall be located on the keyboard/input surface within easy reach of the dispatcher. UHC shall control airflow, footwell heating, task light dimming and a status indicator light. UHC shall incorporate a motion detector which will shut down all selected functions when workstation is unoccupied for fifteen (15) minutes. All previously selected functions will resume when motion detector senses movement in the workstation.

Desktop Airflow shall allow the user to select the airflow rate delivered to the desktop area through one desktop fan/filter unit. Fan speed shall be user selectable from no airflow to a maximum of no less than 50cfm. per fan.

Filter shall be user removable and user washable and/or replaceableÂ

LED task lights shall be at each station. Light shall be dimmable and have 2 arm adjustment for user comfort. Â

Bias lighting shall light up down and behind the station to ease the strain on the eyes.Â

Two (250) watt forced air heaters located under the monitor surface shall be provided. Heaters must be able to rotate to blow heat on hands or feet. Heater to be controlled by a switch on the UHC.

Adjustable Monitor Rack

Parabolic monitor rack shall be curved to match the cockpit shape of the workstation and achieve as close to equal focal lengths from the user s eyes to the face of each monitor as possible and also position monitors for a view angle perpendicular to the screen.

Parabolic monitor rack shall be available in various sizes to accommodate at least 4 monitors on a single or dual level.

Monitor rack platform shall be mounted on a movable platform which will permit a 10 focal length adjustment from 19.7 (50cm) to 29.7 (75cm) with a maximum of 5 lbs. push/pull effort required to move all monitors simultaneously.

LCD mounts shall adjust vertically to allow centering dissimilar monitor sizes on horizontal rail.

Monitor rack shall be designed to permit stacking of a single monitor up to a complete additional row without removal or disassembly of any existing monitors or any portion of the base unit.Â

Monitor rack must be able to hold quantity of (2) 65 pound monitors with at least 2 additional side monitors.

Individual monitors shall have option of additional fore and aft adjustment to line screen up with larger, deeper monitors.Â

Vendor shall supply premium quality cable extensions as required to reach CPUs in CPU cabinets and provide adequate length to extend CPUs for service.

Laminate Console Tops and Side Surfaces

Keyboard Monitor and fixed height surfaces must be non-glare, 3-D Laminate.

Entire surface must be able to be cleaned with bleach-based cleaners, ammonia-based cleaners, and standard hospital disinfectant without damage or discoloration of the laminate.Â

Edge shall be continuous from top through to the bottom of the surface.Â

Front edge shall be a chamfer style edge for ergonomic purposes.Â

No seams between laminate and edge will be acceptable.Â

No edge banding or T-Mold edging will be acceptable.Â

Backer sheet on the bottom of the surface must be a light color to improve visibility for technicians.Â

Keyboard Surface Data Connection Center (KSDCC)

A KSDCC shall be in the center of the back edge of the keyboard surface to provide an easy, instantly accessible location to plug in keyboards, mice and touch screen monitors if so equipped.

The KSDCC shall incorporate an integral wire management channel along the back side of the keyboard surface to provide a place for mouse and keyboard cables to be stored and easily retrieved by the user to re-position keyboards or mice for either right or left hand use and to prevent cables from hanging down into knee/foot space.

Laminate CPU Cabinets, Drawer Pedestals and other casework

Laminate to be Thermofused Melamine (TFM) in standard colors, 3/4" thickness finished both sides or approved equal. Option must be available to match High Pressure Laminates used on worksurfaces.

Cut edges, where exposed, shall be covered with edgebanding, T-mold or sprayed sealant to encapsulate particle board core and limit formaldehyde emissions.Â

Shelving

Shelf Configuration 1 shelf under surface 19 W x 9 D.

All shelves to have 100lb rated static load capacity

Shelves to include under surface USB charging assembly

Each pedestal to include pencil tray insert and side filing conversion bar with capability to hang letter or legal-size hanging files.

Additional Accessories

Desks to include individual cup holders at desk edge

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM NUMBER

DESCRIPTION OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

0001

8.00

EA

__________________

__________________

14487-3D. Adj. Table Worksurface - Corner Dual Surface - 84L x 84R M - Cable Management Included

0002

8.00

EA

__________________

__________________

15702 T5 Table Base L5 Table Base

0003

8.00

EA

__________________

__________________

12757-3D. Monitor Mount 2 - Roller vision - - 1 -Corner Dual Surface - 84L x 84R M 12760- Heavy Duty VESA Mount Qty = 2 Total - Scissor Mount Qty= 3 Total

0004

8.00

EA

__________________

__________________

16130-4 Datadock2 - Keyboard Snap-In Cable Organizer Includes:4 - USB Ports1 - RJ45 Port

0005

56.00

EA

__________________

__________________

14342 Display Port Cable 15 ft Male/Male. Display Port Cable 15 ft Male/Male

0006

8.00

EA

__________________

__________________

11792-OR Power Bar - 10 Outlet With Orange Sticker Power Bar - 10 Outlet With Orange Sticker

0007

8.00

EA

__________________

__________________

15618MCC Task Light Pair Task Light Pair LUX2 LED My Climate

0008

8.00

EA

__________________

__________________

15463 Shelf Under Surface 19W x 9D - Metal

0009

8.00

EA

__________________

__________________

15476 Shelf Under Surface USB Charging Upgrade Assembly

0010

8.00

EA

__________________

__________________

15620MCC My Climate Personal Climate Control With Forced Air Heat 250W X2 = 500W

0011

16.00

EA

__________________

__________________

15894-HP CPU Hanger, High Profile CPU Hanger, High Profile

0012

8.00

EA

__________________

__________________

10176EXT Cup Holder Cup Holder - Extended for Eagle

0013

8.00

EA

__________________

__________________

16139 Installers Kit Installers Kit Eagle Line

0014

1.00

EA

__________________

__________________

Other Charges/ Services (ONLY IF REQUIRED AND ANY QUOTED CHARGES TO BE CLEARLY DOCUMENTED)

0015

1.00

EA

__________________

__________________

Installation and delivery Freight - FullTruckNon Taxable2.) Installation - Non-Taxable

GRAND TOTAL

__________________

B.3 DELIVERY SCHEDULE

Delivery due on or before 60 days after date of contract award.

Deliver to: VA Columbia Healthcare System

6439 Garners Ferry Road

Columbia, South Carolina, 29029

Attention: Building 100, Warehouse

ITEM NUMBER

QUANTITY

DELIVERY DATE

0001

8.00

0002

8.00

0003

8.00

0004

8.00

0005

56.00

0006

8.00

0007

8.00

0008

8.00

0009

8.00

0010

8.00

0011

16.00

0012

8.00

0013

8.00

0014

1.00

0015

1.00

Requirement: Radiologist Workstations

SUBMISSION OF QUOTES:

Quotes shall be received on or before the date and time specified in Block 8 of the SF 1449. Note: Offers received after the due date and time shall not be considered.

Offerors may submit their quotes electronically via email joseph.locke@va.gov.

A site visit will be provided by request only. Interested contractors are asked to contact the Contracting Officer (CO) via e-mail at joseph.locke@va.gov in advance of their intent to attend the site visit. The site visit will be conducted on Tuesday, July 13, 2021 at 10am EST at the Columbia VA Healthcare System. Contractors shall report to Building 106. A map of the facility is available upon e-mail request. Contractors will have to comply with facility masking regulations during work performed as this is an active unit, with the possibility of housing COVID patients. NOTE: This is the ONLY site visit; individual or separate site visits will not be scheduled. This is not a mandatory site visit, but it is highly encouraged to attend before submitting a quote.

Questions: Questions shall be submitted to the Contracting Officer in writing via e-mail. Oral questions are not acceptable due to the possibility of misunderstanding or misinterpretation. The cut-off date and time for receipt of questions is Wednesday, July 14, 2021 at 10am EST. Questions received after this date and time may not be answered. Questions will be answered in a formal amendment to the solicitation so all interested parties can see the answers.

Quote Format: The submission should be clearly indexed and logically assembled in order of the evaluation criteria below. All pages of the quote shall be appropriately numbered and identified by the complete company name, date, and solicitation number in the header and/or footer.

Ensure the offeror s representations and certifications are complete in the System for Award Management (SAM)( https://www.sam.gov). Otherwise, the offeror will need to fill out solicitation Clause 52.212-3 "Offeror Representation and Certifications -Commercial Items and submit with the quote. Federal Acquisition Regulations require that federal contractors register in the SAM database at http://www.sam.gov and enter all mandatory information into the system. Award cannot be made until the contractor has registered. Offerors are encouraged to ensure that they are registered in SAM prior to submitting their quotation.

Ensure the offeror s representations and certifications are complete in the Vendor Information Pages (VIP) (https://vetbiz.va.gov/vip/). Offerors are encouraged to ensure that they are registered and are shown in a current status within VIP as a Service-Disabled Veteran Owned Small Business (SDVOSB) prior to submitting their quotation.

A drawing is available upon email request to joseph.locke@va.gov. This is only because these drawings may or may not upload into BetaSam.gov and to ensure that every offeror is afforded the same opportunity.

The drawing is available in a Drawing (.DWG) viewable file format which provides the specific room dimensions for the entire first floor of the main hospital, which is located at Building 100, 6439 Garners Ferry Road, Columbia, South Carolina, 29209. The drawing is viewable with Automatical Computer Aided Design (AutoCAD) or other similar Computer Aided Design (CAD software).

The drawing is also available in a portable document format (.PDF).

BASIS FOR AWARD:

Award will be made to the lowest priced offeror that conforms to the stated evaluation factors and whose offer is found to be the most advantageous to the Government.

EVALUATION FACTORS:

The following factors shall be used to evaluate quotations.

Price: The offeror will complete section B.2 Price Schedule, with the offerors proposed contract line item prices inserted in the appropriate spacing provided. Firm Fixed Pricing (FFP) for each line item is required.

Authorized Reseller: The offeror must provide evidence of being an authorized reseller of the products/equipment/services being quoted.

Equal Product: Offeror must meet or exceed all stated salient characteristics to be considered for award. If the offeror is quoting an equal product, the offeror must provide the salient characteristics for the exact item(s) specified in the solicitation as well as the equal item(s) being quoted by the offeror.

Diagrams/Pictures/Specs: The offeror must submit with their quotation all applicable diagrams, specifications and pictures of the product/s quoted.

Gray Market Items: This procurement is for new OEM medical supplies, medical equipment and/or services contracts for maintenance of medical equipment (i.e. replacement parts) for VA Medical Centers. No remanufactures or gray market items will be acceptable. For additional information refer to (Reference VAAR 852.212-71).

Clauses:

The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html.

Provision 52.212-1, Instructions to Offerors Commercial (Oct 2015), applies to this acquisition.

Addendum to FAR 52.212-1 Instructions to Offerors Commercial Items: All provisions and clauses applicable to this solicitation can be viewed in full text using the following web addresses:

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

52.212-3 Offeror Representation and Certification Commercial Items (FEB 2016) with their offer. Provision at 52.212-3 Offeror Representation and Certification can be accessed electronically at the following web address: http://www.acquisition.gov/far/index.html

Clause 52.212-4, Contract Terms and Conditions - Commercial Items, applies to this acquisition.

Clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (Jan 2021) (Jul 2020) (Deviation)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204 23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115 91).

(3) 52.204 25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115 232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[X] (4) 52.204 10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109 282) (31 U.S.C. 6101 note).

[X] (8) 52.209 6, Protecting the Government s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

[X] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

[X] (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 2020) (15 U.S.C 632(a)(2)).

[X] (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17))

[] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[X] (28) 52.222 19, Child Labor Cooperation with Authorities and Remedies (JUL 2020) (DEVIATION) (E.O. 13126).

[X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (30)(i) 52.222 26, Equal Opportunity (SEP 2016) (E.O. 11246).

[X] (32)(i) 52.222 36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

[X] (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

[X] (44) 52.223 18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[X] (58) 52.232-33, Payment by Electronic Funds Transfer System for Award Management (Oct 2018) (31 U.S.C. 3332).

[X] (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause

(i) 52.203 13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204 23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115 91).

(iv) 52.204 25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115 232).

(v) 52.219 8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219 8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vii) 52.222 26, Equal Opportunity (SEP 2016) (E.O. 11246).

(viii) 52.222 35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(ix) 52.222 36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(x) 52.222 37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xiii)(A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xx) 52.225 26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226 6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203 70, Commercial Advertising.

[X] 852.211 70, Equipment Operation and Maintenance Manuals.

[X] 852.219 10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[X] 852.232 72, Electronic Submission of Payment Requests.

[X] 852.233 70, Protest Content/Alternative Dispute Resolution.

[X] 852.233 71, Alternate Protest Procedure.

[X] 852.270 1, Representatives of Contracting Officers.

(End of Clause)

Clauses in Full Text:

52.211-6Â Brand Name or Equal.

As prescribed in 11.107(a), insert the following provision:

Brand Name or Equal (Aug 1999)

      (a) If an item in this solicitation is identified as "brand name or equal," the purchase description reflects the characteristics and level of quality that will satisfy the Government s needs. The salient physical, functional, or performance characteristics that "equal" products must meet are specified in the solicitation.

      (b) To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must-

           (1) Meet the salient physical, functional, or performance characteristic specified in this solicitation.

           (2) Clearly identify the item by-

                (i) Brand name, if any; and

                (ii) Make or model number.

           (3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

           (4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

      (c) The Contracting Officer will evaluate "equal" products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

      (d) Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name product referenced in the solicitation.

(End of provision)

852.212-71 Gray Market Items.

As prescribed in 812.301(f)(2), insert the following provision in solicitations and contracts for new medical equipment:

GRAY MARKET ITEMS (APR 2020)

(a) No gray market or remanufactured items will be acceptable. Gray market items are Original Equipment Manufacturers (OEM) goods sold through unauthorized channels in direct competition with authorized distributors. This procurement is for new OEM medical equipment only for VA medical facilities.

(b) Vendor shall be an OEM, authorized dealer, authorized distributor or authorized reseller for the proposed equipment/system, verified by an authorization letter or other documents from the OEM. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions.

(End of clause)

52.237-1 SITE VISIT (APR 1984)

Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

52.252-2 Clauses Incorporated by Reference (FEB 1998).

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

http://www.acquisition.gov/far/index.html

http://www.va.gov/oal/library/vaar/

(End of clause)

VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

Clauses Incorporated by Reference:

- 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of

Whistleblower Rights (June 2020)

- 52.204-4, Printed or copied double-sided on post-consumer fibric content paper

- 52.204-9, Personal Identity Verification of Contractor Personnel

-52.204-10. Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109 282) (31 U.S.C. 6101 note).

- 52.204-13, System for Award Management Maintenance (JUL 2013)

- 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2015)

- 52.204-24 Representation Regarding Certain Telecommunications And Video Surveillance Services or Equipment

- 52.204-70, Personal Identify Verification of Contractor Personnel (May 2020)

- 52.209-6, Protecting the Government s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

- 52.212-1, Solicitation Provisions Incorporated by Reference (FEB 1998)

- 52.222-20, Contracts for materials, supplies, articles, and equipment exceeding - - $15,000.00

(MAY 2014)

- 52.228-5, Insurance- Work on a Government Installation (JAN 1997)

- 52.232-1, Payments (APR 1984)

- 52.232-8, Discounts for prompt payment (FEB 2002)

- 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

- 852.242-71, Administrative Contracting Officer (Oct 2020)

- 52.243-1, Changes Fixed Price (AUG 1987)

- 52.252-1. Solicitation Provisions Incorporated by Reference (Feb 1998)

- 852.203-70, Commercial Advertising (JAN 2008)

- 852.211 70, Equipment Operation and Maintenance Manuals.

- 852.219-10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside

- 852.232 72, Electronic Submission of Payment Requests.

- 852.233 70, Protest Content/Alternative Dispute Resolution.

- 852.242-71, Administrative Contracting Officer (Oct 2020)

- 852.246-70, Guarantee (JAN 2008)

- 852.246-71, Inspection (JAN 2008)

- 852.247-73, Packing for Domestic Shipment (Oct 2018)

- 852.270 1, Representatives of Contracting Officers