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FBO DAILY - FEDBIZOPPS ISSUE OF APRIL 18, 2014 FBO #4528
DOCUMENT

65 -- Stent Consignment Agreement - SFVAMC - Attachment

Notice Date

4/16/2014
 

Notice Type

Attachment
 

NAICS

339112 — Surgical and Medical Instrument Manufacturing
 

Contracting Office

Department of Veterans Affairs;VA Sierra Pacific Network (VISN 21);VA Northern California HealthCare System;150 Muir Road;Martinez CA 94553-4668
 

ZIP Code

94553-4668
 

Solicitation Number

VA26114R0394
 

Response Due

4/28/2014
 

Archive Date

5/28/2014
 

Point of Contact

Angela Oppenheimer
 

Small Business Set-Aside

N/A
 

Description

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 00261 Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Northern California HealthCare System 150 Muir Road Martinez CA 94553-4668 2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with: [] 52.232-34, Payment by Electronic Funds Transfer -Other than Central Contractor Registration, or [X]52.232-36, Payment by Third Party 3. INVOICES: Invoices shall be submitted in arrears: a. Quarterly[] b. Semi-Annually[] c. Other[X] Upon Government acceptance 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. San Francisco VA Medical Center Attn: Chief of Prosthetics 4150 Clement Street San Francisco CA 94121-1545 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows: AMENDMENT NODATE B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011) This solicitation includes FAR 52.219-4 Notice of Price Evaluation Preference for HubZone Small Business Concerns. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO 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. 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 CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. 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 CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement. B.3 SUBCONTRACTING COMMITMENTS--MONITORING AND COMPLIANCE (JUN 2011) This solicitation includes VAAR 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, and VAAR 852.215-71, Evaluation Factor Commitments. Accordingly, any contract resulting from this solicitation will include these clauses. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) to assist in assessing contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the contractor's business records or other proprietary data to review such business records regarding contract compliance with this requirement. 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 CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. 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 CO to assess the contractor compliance with the subcontracting commitments. ? CONSIGNMENT TERMS / STATEMENT OF WORK This agreement is for the furnishing of stents on a consignment basis at the San Francisco VA Medical Center (SFVAMC,) 4150 Clement Street, San Francisco, CA 94121, as listed in Section B, in accordance with the terms and conditions of the contract/consignment agreement herein. CONTRACTOR RESPONSIBILITIES "Furnish stents to the SFVAMC on a consignment basis, in accordance with terms and conditions of contract/consignment agreement herein, within 10 calendar days after receipt of Notice of Award at no expense to the Government. "Provide products on an as-needed basis and deliver replacement implants within two (2) business days after receipt of order directly to SFVAMC at no additional charge. "Maintain ownership of all consigned items until such time as said item(s) are used by the Government. "Replace all defective, damaged (if not caused by the Government), recalled and expired products at no cost to the Government within five (5) business days of receipt. "Bear cost of all transportation charges for all orders placed against this contract/consignment agreement. "Be required to submit to the VA badging and background screening process in order to work in secured areas at the VA. All contractor personnel working onsite at the SFVAMC under this contract/consignment agreement shall be required to: 1) submit social security numbers and two (2) forms of legal and current identification; 2) complete VA training on Information Security Awareness and Privacy Awareness and pass tests; and 3) be fingerprinted by the U.S. Department of Veterans Affairs. "Conduct a physical inventory, jointly with SFVAMC staff, of the consignment inventory at least four times per year. In order to determine appropriate stock levels, a copy of inventory shall be furnished by SFVAMC staff to the Contracting Officer and Contractor. "Immediately notify the COR and contracting officer of any discontinued stents. Any stents that become discontinued during the term of the agreement and which is replaced by another stent can only be incorporated into this agreement by way of a bilateral modification. "Provide twenty-four (24) hour technical support for patient follow up, in-service training, and consultation on technical issues. "Return telephone calls for assistance to SFVAMC within 30 minutes of SFVAMC's telephone call to Contractor. "Training. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems: 1.Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems; 2.Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training; 3.Successfully complete the appropriate VA privacy training and annually complete required privacy training; and 4.Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document - e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements. 5.Provide to contracting officer and/or the COR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete. "Onsite Visits. Contractor Representatives and Clinical Specialist are allowed two (2) scheduled monthly visits into the Cardiac Catheterization Laboratory during scheduled patient procedures. Their role in the lab at that time is for Stent Inventory Evaluation, and removal and replacement of expired product. In addition, contractor Representatives will also provide physician and staff training into product usage and characteristics. "VA Information Custodial Language. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1). "Security Incident Investigation. The term "security incident" means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access. "Liquidated Damages for Data Breach. 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. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $ 37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following: 1.Notification; 2.One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports; 3.Data breach analysis; 4.Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution; 5.One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and 6.Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs. GOVERNMENT RESPONSIBILITIES "Provide Contractor and Contracting Officer with a complete list of models, sizes and/or part numbers to the VA Contracting Officer prior to delivery of the initial inventory. "Set up, place and maintain the inventory of coronary and peripheral stents, as listed in Section B. "Have final approval (specifically, SFVAMC physicians) for acceptance of products. "Evaluate actual usage and purchase volume versus the expected turns noted on this agreement and review the results with the Contractor. At the discretion of SFVAMC, this evaluation shall be done electronically, by facsimile or in person between Contractor and SFVAMC personnel. "Provide contractor with a copy of the Delegation of Authority indicating authorized personnel that shall place orders against this contract/consignment agreement. "Assume no liability for any item(s) assigned to SFVAMC on a consignment basis until an order is placed against the contract/consignment agreement at such time as a requirement for the item(s) exists. "Assume responsibility only for items(s) damaged, stolen, missing or lost while in the Government's possession. "Be responsible for all expenses incidental to the safekeeping and use of the consigned items and shall furnish proper storage and security for all item(s) supplied hereunder. "Pay Contractor only after items are used or implanted by SFVAMC, at the replacement cost indicated in the contract/consignment agreement. Actual purchase of any implant is entirely dependent on patient diagnosis and need; SFVAMC physicians shall have the responsibility to determine which item(s) to use. "Pay by credit card for each item used or implanted, in order to obtain a replacement item. "Consume Contractor's product at the catalog number level on a first-in, first-out basis. "Conduct a physical inventory, jointly with Contractor, of the consignment inventory at least four times per year. After each review, a copy of the inventory level shall be provided electronically by SFVAMC staff to the Contracting Officer and Contractor, in order to determine appropriate stock levels. "On an occasional basis, shall require a special implant that is not available from the contractor or in consignment inventory for specific patients; such implants may be purchased directly from any contractor on an open market basis. "At its discretion, remove and request replacement of inventory having less than 90 days sterility/expiration date at any time during contract duration; such inventory shall be returned to/replaced by Contractor at no cost to SFVAMC. "At its discretion, change inventory items and levels upon written mutual agreement between Contractor and Contracting Officer. Upon agreement, changes to inventory shall be completed within five (5) business days. "Reconcile all consignment inventory units by using either or both of the following options upon expiration of this contract/consignment agreement: 1.Return of Consignment Units: Unopened and undamaged packages with original ship units shall be returned for credit against the Consignment Stock Level. Unused items shall be returned to the Contractor in salable condition (unopened) and undamaged package with original ship units at the end of the effective period of the consignment without reimbursement or other expense to the Government. Unused items shall be removed from the Government facility by the Contractor within ten (10) business days after the expiration of the contract/consignment agreement. The Government shall only be responsible for lost, damaged, stolen, or missing products while in their possession. 2.Purchase Consignment Units: Purchase orders shall be issued for all unreturned products, including any lost, damaged, stolen or missing products. B.4 Price/Cost Schedule Item Information ITEM LIST - Brand Name Boston Scientific OR EQUAL Salient Characteristics: Stent offer a two drug strategy for coronary drug eluting stents (an Everolimus eluting stent, as well as a Paclitaxel eluting stent). Stents shall be drug-eluting and shall be made of platinum chromium metal alloy, which makes the stent significantly more visible under fluoroscopy as well as flexible and fracture resistant. Stents shall be FDA-approved for treatment of coronary CTO's (chronic total occlusions). Balloon delivery system shall have an ultra-low profile for a predilatation balloon catheter designed to navigate and cross challenging lesions. Stents shall offer dual-layer balloon that can fuse a strong outer layer with a more flexible inner layer for better track-ability. The bi-segment inner lumen catheter shall provide the appropriate level of push-ability and flexibility to create enhanced deliverability. NOTE: FedBizOpps file size limitation is 65k for this Combined Synopsis/Solicitation document. As such, we can only list Base Year line items below. Please provide Option Year 1 and Option Year 2 pricing, in addition to Base Year Pricing. You may include them on a separate sheet. Thank you. ? BASE YEAR - 05/01/2014 through 04/30/2015 CLINProduct CodeDescriptionEst. QtyUnit PriceExtended Price 0001H7493918908150EMERGE MR 8 x 1.501$ _________$ ______________ 0002H7493918908200EMERGE MR 8 x 2.001$ _________$ ______________ 0003H7493918908220EMERGE MR 8 x 2.251$ _________$ ______________ 0004H7493918908250EMERGE MR 8 x 2.501$ _________$ ______________ 0005H7493918908270EMERGE MR 8 x 2.751$ _________$ ______________ 0006H7493918908300EMERGE MR 8 x 3.001$ _________$ ______________ 0007H7493918908320EMERGE MR 8 x 3.251$ _________$ ______________ 0008H7493918908350EMERGE MR 8 x 3.501$ _________$ ______________ 0009H7493918908370EMERGE MR 8 x 3.751$ _________$ ______________ 0010H7493918908400EMERGE MR 8 x 4.001$ _________$ ______________ 0011H7493918912150EMERGE MR 12 x 1.501$ _________$ ______________ 0012H7493918912200EMERGE MR 12 x 2.001$ _________$ ______________ 0013H7493918912220EMERGE MR 12 x 2.251$ _________$ ______________ 0014H7493918912250EMERGE MR 12 x 2.501$ _________$ ______________ 0015H7493918912270EMERGE MR 12 x 2.751$ _________$ ______________ 0016H7493918912300EMERGE MR 12 x 3.001$ _________$ ______________ 0017H7493918912320EMERGE MR 12 x 3.251$ _________$ ______________ 0018H7493918912350EMERGE MR 12 x 3.501$ _________$ ______________ 0019H7493918912370EMERGE MR 12 x 3.751$ _________$ ______________ 0020H7493918912400EMERGE MR 12 x 4.001$ _________$ ______________ 0021H7493918915150EMERGE MR 15 x 1.501$ _________$ ______________ 0022H7493918915200EMERGE MR 15 x 2.001$ _________$ ______________ 0023H7493918915220EMERGE MR 15 x 2.251$ _________$ ______________ 0024H7493918915250EMERGE MR 15 x 2.501$ _________$ ______________ 0025H7493918915270EMERGE MR 15 x 2.751$ _________$ ______________ 0026H7493918915300EMERGE MR 15 x 3.001$ _________$ ______________ 0027H7493918915320EMERGE MR 15 x 3.251$ _________$ ______________ 0028H7493918915350EMERGE MR 15 x 3.501$ _________$ ______________ 0029H7493918915370EMERGE MR 15 x 3.751$ _________$ ______________ 0030H7493918915400EMERGE MR 15 x 4.001$ _________$ ______________ 0031H7493918908120EMERGE MR 8 x 1.201$ _________$ ______________ 0032H7493918912120EMERGE MR 12 x 1.201$ _________$ ______________ 0033H7493918915120EMERGE MR 15 x 1.201$ _________$ ______________ 0034H7493918920120EMERGE MR 20 x 1.201$ _________$ ______________ 0035H7493918920150EMERGE MR 20 x 1.501$ _________$ ______________ 0036H7493918920200EMERGE MR 20 x 2.001$ _________$ ______________ 0037H7493918920220EMERGE MR 20 x 2.251$ _________$ ______________ 0038H7493918920250EMERGE MR 20 x 2.501$ _________$ ______________ 0039H7493918920270EMERGE MR 20 x 2.751$ _________$ ______________ 0040H7493918920300EMERGE MR 20 x 3.001$ _________$ ______________ 0041H7493918920320EMERGE MR 20 x 3.251$ _________$ ______________ 0042H7493918920350EMERGE MR 20 x 3.501$ _________$ ______________ 0043H7493918920370EMERGE MR 20 x 3.751$ _________$ ______________ 0044H7493918920400EMERGE MR 20 x 4.001$ _________$ ______________ 0045H7493918930200EMERGE MR 30 x 2.001$ _________$ ______________ 0046H7493918930220EMERGE MR 30 x 2.251$ _________$ ______________ 0047H7493918930250EMERGE MR 30 x 2.501$ _________$ ______________ 0048H7493918930270EMERGE MR 30 x 2.751$ _________$ ______________ 0049H7493918930300EMERGE MR 30 x 3.001$ _________$ ______________ 0050H7493918930320EMERGE MR 30 x 3.251$ _________$ ______________ 0051H7493918930350EMERGE MR 30 x 3.501$ _________$ ______________ 0052H7493918930370EMERGE MR 30 x 3.751$ _________$ ______________ 0053H7493918930400EMERGE MR 30 x 4.001$ _________$ ______________ 0054H7493919008150EMERGE MR PUSH 8 x 1.501$ _________$ ______________ 0055H7493919012150EMERGE MR PUSH 12 x 1.501$ _________$ ______________ 0056H7493919015150EMERGE MR PUSH 15 x 1.501$ _________$ ______________ 0057H7493919020150EMERGE MR PUSH 20 x 1.501$ _________$ ______________ 0058H7493919008120EMERGE MR PUSH 8 x 1.201$ _________$ ______________ 0059H7493919012120EMERGE MR PUSH 12 x 1.201$ _________$ ______________ 0060H7493919015120EMERGE MR PUSH 15 x 1.201$ _________$ ______________ 0061H7493919020120EMERGE MR PUSH 20 x 1.201$ _________$ ______________ 0062H7493912408350NC Quantum Apex MR 8mm x 3.50mm1$ _________$ ______________ 0063H7493912408370NC Quantum Apex MR 8mm x 3.75mm1$ _________$ ______________ 0064H7493912408400NC Quantum Apex MR 8mm x 4.00mm1$ _________$ ______________ 0065H7493912408450NC Quantum Apex MR 8mm x 4.50mm1$ _________$ ______________ 0066H7493912408500NC Quantum Apex MR 8mm x 5.00mm1$ _________$ ______________ 0067H7493912412200NC Quantum Apex MR 12mm x 2.00mm1$ _________$ ______________ 0068H7493912412220NC Quantum Apex MR 12mm x 2.25mm1$ _________$ ______________ 0069H7493912412250NC Quantum Apex MR 12mm x 2.50mm1$ _________$ ______________ 0070H7493912412270NC Quantum Apex MR 12mm x 2.75mm1$ _________$ ______________ 0071H7493912412300NC Quantum Apex MR 12mm x 3.00mm1$ _________$ ______________ 0072H7493912412320NC Quantum Apex MR 12mm x 3.25mm1$ _________$ ______________ 0073H7493912412350NC Quantum Apex MR 12mm x 3.50mm1$ _________$ ______________ 0074H7493912412370NC Quantum Apex MR 12mm x 3.75mm1$ _________$ ______________ 0075H7493912412400NC Quantum Apex MR 12mm x 4.00mm1$ _________$ ______________ 0076H7493912412450NC Quantum Apex MR 12mm x 4.50mm1$ _________$ ______________ 0077H7493912412500NC Quantum Apex MR 12mm x 5.00mm1$ _________$ ______________ 0078H7493912415200NC Quantum Apex MR 15mm x 2.00mm1$ _________$ ______________ 0079H7493912415220NC Quantum Apex MR 15mm x 2.25mm1$ _________$ ______________ 0080H7493912415250NC Quantum Apex MR 15mm x 2.50mm1$ _________$ ______________ 0081H7493912415270NC Quantum Apex MR 15mm x 2.75mm1$ _________$ ______________ 0082H7493912415300NC Quantum Apex MR 15mm x 3.00mm1$ _________$ ______________ 0083H7493912415320NC Quantum Apex MR 15mm x 3.25mm1$ _________$ ______________ 0084H7493912415350NC Quantum Apex MR 15mm x 3.50mm1$ _________$ ______________ 0085H7493912415370NC Quantum Apex MR 15mm x 3.75mm1$ _________$ ______________ 0086H7493912415400NC Quantum Apex MR 15mm x 4.00mm1$ _________$ ______________ 0087H7493912415450NC Quantum Apex MR 15mm x 4.50mm1$ _________$ ______________ 0088H7493912415500NC Quantum Apex MR 15mm x 5.00mm1$ _________$ ______________ 0089H7493912420200NC Quantum Apex MR 20mm x 2.00mm1$ _________$ ______________ 0090H7493912420220NC Quantum Apex MR 20mm x 2.25mm1$ _________$ ______________ 0091H7493912420250NC Quantum Apex MR 20mm x 2.50mm1$ _________$ ______________ 0092H7493912420270NC Quantum Apex MR 20mm x 2.75mm1$ _________$ ______________ 0093H7493912420300NC Quantum Apex MR 20mm x 3.00mm1$ _________$ ______________ 0094H7493912420320NC Quantum Apex MR 20mm x 3.25mm1$ _________$ ______________ 0095H7493912420350NC Quantum Apex MR 20mm x 3.50mm1$ _________$ ______________ 0096H7493912420370NC Quantum Apex MR 20mm x 3.75mm1$ _________$ ______________ 0097H7493912420400NC Quantum Apex MR 20mm x 4.00mm1$ _________$ ______________ 0098H7493912420450NC Quantum Apex MR 20mm x 4.50mm1$ _________$ ______________ 0099H7493912420500NC Quantum Apex MR 20mm x 5.00mm1$ _________$ ______________ 0100H7493912430200NC Quantum Apex MR 30mm x 2.00mm1$ _________$ ______________ 0101H7493912430220NC Quantum Apex MR 30mm x 2.25mm1$ _________$ ______________ 0102H7493912430250NC Quantum Apex MR 30mm x 2.50mm1$ _________$ ______________ 0103H7493912430270NC Quantum Apex MR 30mm x 2.75mm1$ _________$ ______________ 0104H7493912430300NC Quantum Apex MR 30mm x 3.00mm1$ _________$ ______________ 0105H7493912430320NC Quantum Apex MR 30mm x 3.25mm1$ _________$ ______________ 0106H7493912430350NC Quantum Apex MR 30mm x 3.50mm1$ _________$ ______________ 0107H7493912430370NC Quantum Apex MR 30mm x 3.75mm1$ _________$ ______________ 0108H7493912430400NC Quantum Apex MR 30mm x 4.00mm1$ _________$ ______________ Base Year Total$ ______________ Opt. Yr. 1 Total$ ______________ Opt. Yr. 2 Total$ ______________ GRAND TOTAL -ESTIMATED MAXIMUM $ ______________________ base + options 1 & 2(FAR Part 52.216-22) Notes: 1.In accordance with FAR 52.216-22, Indefinite Quantity, the minimum order the Government will place under this contract will be $100.00. 2.In accordance with FAR 52.216-18, Ordering, the Government may issue orders orally, by facsimile, or by electronic commerce methods. 3.FedBizOpps file size limitation is 65k for this Combined Synopsis/Solicitation document. As such, we can only list Base Year line items below. Please provide Option Year 1 and Option Year 2 pricing, in addition to Base Year Pricing. You may include them on a separate sheet. Thank you. B.5 Delivery Schedule DELIVERY DATE SHIP TO:San Francisco VA Medical Center 4150 Clement Street San Francisco, CA 94121-1545 FOB Destination Base - 05/01/14 to 04/30/15; Opt. 1 - 05/01/15 to 04/30/16; Opt. 2 - 05/01/16 to 04/30/17 SECTION C - CONTRACT CLAUSES C.1 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (JAN 2014) (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) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104 (g)). (2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78). (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: [] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). [] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010)(Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). [] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) [X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). [] (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (JUL 2010) (Pub. L. 111-5). [] (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C). [] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (Pub. L. 111-117, section 743 of Div. C). [X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note). [] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). [] (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). [] (11) 52.219-3, Notice of HUBZone Set-Aside or Sole Source Award (NOV 2011) (15 U.S.C. 657a). [X] (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). [] (13) [Reserved] [] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644). [] (ii) Alternate I (NOV 2011). [] (iii) Alternate II (NOV 2011). [] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). [] (ii) Alternate I (Oct 1995) of 52.219-7. [] (iii) Alternate II (Mar 2004) of 52.219-7. [] (16) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)). [] (17)(i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637(d)(4)). [] (ii) Alternate I (Oct 2001) of 52.219-9. [] (iii) Alternate II (Oct 2001) of 52.219-9. [] (iv) Alternate III (JUL 2010) of 52.219-9. [] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)). [] (19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)). [] (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). [] (21)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer.) [] (ii) Alternate I (June 2003) of 52.219-23. [] (22) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). [] (23) 52.219-26, Small Disadvantaged Business Participation Program-Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). [] (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f). [X] (25) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C 632(a)(2)). [] (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). [] (27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)). [X] (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755). [X] (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2014) (E.O. 13126). [X] (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). [X] (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). [] (32) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212). [X] (33) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). [] (34) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212). [] (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). [] (36) 52.222-54, Employment Eligibility Verification (AUG 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) [] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) [] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) [] (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b). [] (39)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423). [] (ii) Alternate I (DEC 2007) of 52.223-16. [X] (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [] (41) 52.225-1, Buy American Act-Supplies (FEB 2009) (41 U.S.C. 10a-10d). [X] (42)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (NOV 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43). [] (ii) Alternate I (MAR 2012) of 52.225-3. [X] (iii) Alternate II (MAR 2012) of 52.225-3. [] (iv) Alternate III (NOV 2012) of 52.225-3. [] (43) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). [X] (44) 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). [] (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). [] (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). [] (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). [] (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). [] (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). [] (50) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332). [] (51) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). [X] (52) 52.232-36, Payment by Third Party (Jul 2013) (31 U.S.C. 3332). [] (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). [] (54)(i) 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). [] (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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: [] (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). [] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). [] (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). [] (4) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). [] (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). [] (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (FEB 2009) (41 U.S.C. 351, et seq.). [] (7) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O.13495). [] (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009)(Pub. L. 110-247) [] (9) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)). (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, 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 (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 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. (viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements "(Nov 2007)" (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (FEB 2009)(41 U.S.C. 351, et seq.). (xii) 52.222-54, Employment Eligibility Verification (AUG 2013). (xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009)(Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xv) 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. C.2 52.216-18 ORDERING (OCT 1995) (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 May 1, 2014 through April 30, 2015. (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) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. 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 $500.00, 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 $50,000.00; (2) Any order for a combination of items in excess of $50,000.00; or (3) A series of orders from the same ordering office within seven (7) 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 ten (10) 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. 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 date on which contract expires. C.5 52.217-5 EVALUATION OF OPTIONS (JUL 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). C.6 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 thirty (30) days. C.7 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 thirty (30) days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least thirty (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 two (2) years. C.8 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/ FAR NumberTitleDate 52.211-11LIQUIDATED DAMAGES - SUPPLIES, SERVICES OR RESEARCH AND DEVELOPMENTSEP 2000 52.212-4CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMSSEP 2013 52.244-6SUBCONTRACTS FOR COMMERCIAL ITEMSDEC 2013 852.203-70COMMERCIAL ADVERTISINGJAN 2008 852.211-73BRAND NAME OR EQUALJAN 2008 852.232-72ELECTRONIC SUBMISSION OF PAYMENT REQUESTSNOV 2012 852.246-71INSPECTIONJAN 2008 852.273-74AWARD WITHOUT EXCHANGESJAN 2003 SECTION E - SOLICITATION PROVISIONS E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/ FAR NumberTitleDate 52.212-1INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMSJUL 2013 52.212-2EVALUATION-COMMERCIAL ITEMSJAN 1999 52.212-3OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMSNOV 2013 852.270-1REPRESENTATIVES OF CONTRACTING OFFICERSJAN 2008 E.2 52.216-1 TYPE OF CONTRACT (APR 1984) The Government contemplates award of a Firm-Fixed-Price, Indefinite Quantity contract resulting from this solicitation.
 

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