Combine Solicitation – 65– Stent Consignment Agreement – SFVAMC
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Notice Type: Combine Solicitation
Posted Date:
Office Address:
Subject: 65-- Stent Consignment Agreement - SFVAMC
Classification Code: 65 - Medical, dental & veterinary equipment & supplies
Solicitation Number: VA26114R0394
Contact:
Description:
B.1 CONTRACT ADMINISTRATION DATA
1.
a. CONTRACTOR: __________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
b. GOVERNMENT: Contracting Officer 00261
VA Sierra Pacific Network (VISN 21)
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.
Attn: Chief of Prosthetics
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
AMENDMENT NO DATE
B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (
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 (
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
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
" 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
" 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
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
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
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 -
CLIN Product Code Description Est. Qty Unit Price Extended Price
0001 H7493918908150 EMERGE MR 8 x 1.50 1 $ _________ $ ______________
0002 H7493918908200 EMERGE MR 8 x 2.00 1 $ _________ $ ______________
0003 H7493918908220 EMERGE MR 8 x 2.25 1 $ _________ $ ______________
0004 H7493918908250 EMERGE MR 8 x 2.50 1 $ _________ $ ______________
0005 H7493918908270 EMERGE MR 8 x 2.75 1 $ _________ $ ______________
0006 H7493918908300 EMERGE MR 8 x 3.00 1 $ _________ $ ______________
0007 H7493918908320 EMERGE MR 8 x 3.25 1 $ _________ $ ______________
0008 H7493918908350 EMERGE MR 8 x 3.50 1 $ _________ $ ______________
0009 H7493918908370 EMERGE MR 8 x 3.75 1 $ _________ $ ______________
0010 H7493918908400 EMERGE MR 8 x 4.00 1 $ _________ $ ______________
0011 H7493918912150 EMERGE MR 12 x 1.50 1 $ _________ $ ______________
0012 H7493918912200 EMERGE MR 12 x 2.00 1 $ _________ $ ______________
0013 H7493918912220 EMERGE MR 12 x 2.25 1 $ _________ $ ______________
0014 H7493918912250 EMERGE MR 12 x 2.50 1 $ _________ $ ______________
0015 H7493918912270 EMERGE MR 12 x 2.75 1 $ _________ $ ______________
0016 H7493918912300 EMERGE MR 12 x 3.00 1 $ _________ $ ______________
0017 H7493918912320 EMERGE MR 12 x 3.25 1 $ _________ $ ______________
0018 H7493918912350 EMERGE MR 12 x 3.50 1 $ _________ $ ______________
0019 H7493918912370 EMERGE MR 12 x 3.75 1 $ _________ $ ______________
0020 H7493918912400 EMERGE MR 12 x 4.00 1 $ _________ $ ______________
0021 H7493918915150 EMERGE MR 15 x 1.50 1 $ _________ $ ______________
0022 H7493918915200 EMERGE MR 15 x 2.00 1 $ _________ $ ______________
0023 H7493918915220 EMERGE MR 15 x 2.25 1 $ _________ $ ______________
0024 H7493918915250 EMERGE MR 15 x 2.50 1 $ _________ $ ______________
0025 H7493918915270 EMERGE MR 15 x 2.75 1 $ _________ $ ______________
0026 H7493918915300 EMERGE MR 15 x 3.00 1 $ _________ $ ______________
0027 H7493918915320 EMERGE MR 15 x 3.25 1 $ _________ $ ______________
0028 H7493918915350 EMERGE MR 15 x 3.50 1 $ _________ $ ______________
0029 H7493918915370 EMERGE MR 15 x 3.75 1 $ _________ $ ______________
0030 H7493918915400 EMERGE MR 15 x 4.00 1 $ _________ $ ______________
0031 H7493918908120 EMERGE MR 8 x 1.20 1 $ _________ $ ______________
0032 H7493918912120 EMERGE MR 12 x 1.20 1 $ _________ $ ______________
0033 H7493918915120 EMERGE MR 15 x 1.20 1 $ _________ $ ______________
0034 H7493918920120 EMERGE MR 20 x 1.20 1 $ _________ $ ______________
0035 H7493918920150 EMERGE MR 20 x 1.50 1 $ _________ $ ______________
0036 H7493918920200 EMERGE MR 20 x 2.00 1 $ _________ $ ______________
0037 H7493918920220 EMERGE MR 20 x 2.25 1 $ _________ $ ______________
0038 H7493918920250 EMERGE MR 20 x 2.50 1 $ _________ $ ______________
0039 H7493918920270 EMERGE MR 20 x 2.75 1 $ _________ $ ______________
0040 H7493918920300 EMERGE MR 20 x 3.00 1 $ _________ $ ______________
0041 H7493918920320 EMERGE MR 20 x 3.25 1 $ _________ $ ______________
0042 H7493918920350 EMERGE MR 20 x 3.50 1 $ _________ $ ______________
0043 H7493918920370 EMERGE MR 20 x 3.75 1 $ _________ $ ______________
0044 H7493918920400 EMERGE MR 20 x 4.00 1 $ _________ $ ______________
0045 H7493918930200 EMERGE MR 30 x 2.00 1 $ _________ $ ______________
0046 H7493918930220 EMERGE MR 30 x 2.25 1 $ _________ $ ______________
0047 H7493918930250 EMERGE MR 30 x 2.50 1 $ _________ $ ______________
0048 H7493918930270 EMERGE MR 30 x 2.75 1 $ _________ $ ______________
0049 H7493918930300 EMERGE MR 30 x 3.00 1 $ _________ $ ______________
0050 H7493918930320 EMERGE MR 30 x 3.25 1 $ _________ $ ______________
0051 H7493918930350 EMERGE MR 30 x 3.50 1 $ _________ $ ______________
0052 H7493918930370 EMERGE MR 30 x 3.75 1 $ _________ $ ______________
0053 H7493918930400 EMERGE MR 30 x 4.00 1 $ _________ $ ______________
0054 H7493919008150 EMERGE MR PUSH 8 x 1.50 1 $ _________ $ ______________
0055 H7493919012150 EMERGE MR PUSH 12 x 1.50 1 $ _________ $ ______________
0056 H7493919015150 EMERGE MR PUSH 15 x 1.50 1 $ _________ $ ______________
0057 H7493919020150 EMERGE MR PUSH 20 x 1.50 1 $ _________ $ ______________
0058 H7493919008120 EMERGE MR PUSH 8 x 1.20 1 $ _________ $ ______________
0059 H7493919012120 EMERGE MR PUSH 12 x 1.20 1 $ _________ $ ______________
0060 H7493919015120 EMERGE MR PUSH 15 x 1.20 1 $ _________ $ ______________
0061 H7493919020120 EMERGE MR PUSH 20 x 1.20 1 $ _________ $ ______________
0062 H7493912408350 NC Quantum Apex MR 8mm x 3.50mm 1 $ _________ $ ______________
0063 H7493912408370 NC Quantum Apex MR 8mm x 3.75mm 1 $ _________ $ ______________
0064 H7493912408400 NC Quantum Apex MR 8mm x 4.00mm 1 $ _________ $ ______________
0065 H7493912408450 NC Quantum Apex MR 8mm x 4.50mm 1 $ _________ $ ______________
0066 H7493912408500 NC Quantum Apex MR 8mm x 5.00mm 1 $ _________ $ ______________
0067 H7493912412200 NC Quantum Apex MR 12mm x 2.00mm 1 $ _________ $ ______________
0068 H7493912412220 NC Quantum Apex MR 12mm x 2.25mm 1 $ _________ $ ______________
0069 H7493912412250 NC Quantum Apex MR 12mm x 2.50mm 1 $ _________ $ ______________
0070 H7493912412270 NC Quantum Apex MR 12mm x 2.75mm 1 $ _________ $ ______________
0071 H7493912412300 NC Quantum Apex MR 12mm x 3.00mm 1 $ _________ $ ______________
0072 H7493912412320 NC Quantum Apex MR 12mm x 3.25mm 1 $ _________ $ ______________
0073 H7493912412350 NC Quantum Apex MR 12mm x 3.50mm 1 $ _________ $ ______________
0074 H7493912412370 NC Quantum Apex MR 12mm x 3.75mm 1 $ _________ $ ______________
0075 H7493912412400 NC Quantum Apex MR 12mm x 4.00mm 1 $ _________ $ ______________
0076 H7493912412450 NC Quantum Apex MR 12mm x 4.50mm 1 $ _________ $ ______________
0077 H7493912412500 NC Quantum Apex MR 12mm x 5.00mm 1 $ _________ $ ______________
0078 H7493912415200 NC Quantum Apex MR 15mm x 2.00mm 1 $ _________ $ ______________
0079 H7493912415220 NC Quantum Apex MR 15mm x 2.25mm 1 $ _________ $ ______________
0080 H7493912415250 NC Quantum Apex MR 15mm x 2.50mm 1 $ _________ $ ______________
0081 H7493912415270 NC Quantum Apex MR 15mm x 2.75mm 1 $ _________ $ ______________
0082 H7493912415300 NC Quantum Apex MR 15mm x 3.00mm 1 $ _________ $ ______________
0083 H7493912415320 NC Quantum Apex MR 15mm x 3.25mm 1 $ _________ $ ______________
0084 H7493912415350 NC Quantum Apex MR 15mm x 3.50mm 1 $ _________ $ ______________
0085 H7493912415370 NC Quantum Apex MR 15mm x 3.75mm 1 $ _________ $ ______________
0086 H7493912415400 NC Quantum Apex MR 15mm x 4.00mm 1 $ _________ $ ______________
0087 H7493912415450 NC Quantum Apex MR 15mm x 4.50mm 1 $ _________ $ ______________
0088 H7493912415500 NC Quantum Apex MR 15mm x 5.00mm 1 $ _________ $ ______________
0089 H7493912420200 NC Quantum Apex MR 20mm x 2.00mm 1 $ _________ $ ______________
0090 H7493912420220 NC Quantum Apex MR 20mm x 2.25mm 1 $ _________ $ ______________
0091 H7493912420250 NC Quantum Apex MR 20mm x 2.50mm 1 $ _________ $ ______________
0092 H7493912420270 NC Quantum Apex MR 20mm x 2.75mm 1 $ _________ $ ______________
0093 H7493912420300 NC Quantum Apex MR 20mm x 3.00mm 1 $ _________ $ ______________
0094 H7493912420320 NC Quantum Apex MR 20mm x 3.25mm 1 $ _________ $ ______________
0095 H7493912420350 NC Quantum Apex MR 20mm x 3.50mm 1 $ _________ $ ______________
0096 H7493912420370 NC Quantum Apex MR 20mm x 3.75mm 1 $ _________ $ ______________
0097 H7493912420400 NC Quantum Apex MR 20mm x 4.00mm 1 $ _________ $ ______________
0098 H7493912420450 NC Quantum Apex MR 20mm x 4.50mm 1 $ _________ $ ______________
0099 H7493912420500 NC Quantum Apex MR 20mm x 5.00mm 1 $ _________ $ ______________
0100 H7493912430200 NC Quantum Apex MR 30mm x 2.00mm 1 $ _________ $ ______________
0101 H7493912430220 NC Quantum Apex MR 30mm x 2.25mm 1 $ _________ $ ______________
0102 H7493912430250 NC Quantum Apex MR 30mm x 2.50mm 1 $ _________ $ ______________
0103 H7493912430270 NC Quantum Apex MR 30mm x 2.75mm 1 $ _________ $ ______________
0104 H7493912430300 NC Quantum Apex MR 30mm x 3.00mm 1 $ _________ $ ______________
0105 H7493912430320 NC Quantum Apex MR 30mm x 3.25mm 1 $ _________ $ ______________
0106 H7493912430350 NC Quantum Apex MR 30mm x 3.50mm 1 $ _________ $ ______________
0107 H7493912430370 NC Quantum Apex MR 30mm x 3.75mm 1 $ _________ $ ______________
0108 H7493912430400 NC Quantum Apex MR 30mm x 4.00mm 1 $ _________ $ ______________
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
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:
FOB Destination
Base -
Opt. 1 -
Opt. 2 -
SECTION C - CONTRACT CLAUSES
C.1 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (
(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 (
Alternate I (
(2) 52.233-3, Protest After Award (
(3) 52.233-4, Applicable Law for Breach of Contract Claim (
(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 (
[] (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 (
[X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (
[] (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (
[] (6) 52.204-14, Service Contract Reporting Requirements (
[] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (
[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (
[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (
[] (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (
[] (11) 52.219-3, Notice of HUBZone Set-Aside or Sole Source Award (
[X] (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (
[] (13) [Reserved]
[] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (
[] (ii) Alternate I (NOV 2011).
[] (iii) Alternate II (NOV 2011).
[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (
[] (ii) Alternate I (
[] (iii) Alternate II (
[] (16) 52.219-8, Utilization of Small Business Concerns (
[] (17)(i) 52.219-9, Small Business Subcontracting Plan (
[] (ii) Alternate I (
[] (iii) Alternate II (
[] (iv) Alternate III (
[] (18) 52.219-13, Notice of Set-Aside of Orders (
[] (19) 52.219-14, Limitations on Subcontracting (
[] (20) 52.219-16, Liquidated Damages-Subcontracting Plan (
[] (21)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (
[] (ii) Alternate I (
[] (22) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (
[] (23) 52.219-26, Small Disadvantaged Business Participation Program-Incentive Subcontracting (
[] (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (
[X] (25) 52.219-28, Post Award Small Business Program Rerepresentation (
[] (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (
[] (27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (
[X] (28) 52.222-3, Convict Labor (
[X] (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (
[X] (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).
[X] (31) 52.222-26, Equal Opportunity (
[] (32) 52.222-35, Equal Opportunity for Veterans (
[X] (33) 52.222-36, Affirmative Action for Workers with Disabilities (
[] (34) 52.222-37, Employment Reports on Veterans (
[] (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (
[] (36) 52.222-54, Employment Eligibility Verification (
[] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (
[] (ii) Alternate I (
[] (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 (
[] (ii) Alternate I (
[X] (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (
<p>[] (41) 52.225-1,
[X] (42)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (
[] (ii) Alternate I (
[X] (iii) Alternate II (
[] (iv) Alternate III (
[] (43) 52.225-5, Trade Agreements (
[X] (44) 52.225-13, Restrictions on Certain Foreign Purchases (
[] (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (
[] (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (
[] (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (
[] (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (
[] (49) 52.232-30, Installment Payments for Commercial Items (
[] (50) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (
[] (51) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (
[X] (52) 52.232-36, Payment by Third Party (
[] (53) 52.239-1, Privacy or Security Safeguards (
[] (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (
[] (ii) Alternate I (
(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 (
[] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (
[] (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (
[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (
[] (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (
[] (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (
[] (7) 52.222-17,
[] (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
(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
(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 (
(ii) 52.219-8, Utilization of Small Business Concerns (
(iii) 52.222-17,
(iv) 52.222-26, Equal Opportunity (
(v) 52.222-35, Equal Opportunity for Veterans (
(vi) 52.222-36, Affirmative Action for Workers with Disabilities (
(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (
(viii) 52.222-41, Service Contract Act of 1965 (
(ix) 52.222-50, Combating Trafficking in Persons (
Alternate I (
(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements "(
(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (FEB 2009)(41 U.S.C.
(xii) 52.222-54, Employment Eligibility Verification (AUG 2013).
(xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (
(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 (
(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 (
(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
(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 (
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than
(b) Maximum order. The Contractor is not obligated to honor-
(1) Any order for a single item in excess of
(2) Any order for a combination of items in excess of
(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 (
(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 (
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 (
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 (
(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 (
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 Number Title Date
52.211-11 LIQUIDATED DAMAGES - SUPPLIES, SERVICES OR RESEARCH AND DEVELOPMENT
52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS
52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS
852.203-70 COMMERCIAL ADVERTISING
852.211-73 BRAND NAME OR EQUAL
852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS
852.246-71 INSPECTION
852.273-74 AWARD WITHOUT EXCHANGES
SECTION E - SOLICITATION PROVISIONS
E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (
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 Number Title Date
52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS
52.212-2 EVALUATION-COMMERCIAL ITEMS
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS
852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS
E.2 52.216-1 TYPE OF CONTRACT (
The Government contemplates award of a Firm-Fixed-Price, Indefinite Quantity contract resulting from this solicitation.
Link/URL: https://www.fbo.gov/spg/VA/VANCHCS/VANCHCS/VA26114R0394/listing.html
| Copyright: | (c) 2013 Federal Information & News Dispatch, Inc. |
| Wordcount: | 7435 |
Sources Sought Notice – 65– POC GLUCOMETERS FOR VISN 3 (Sources Sought)
Combine Solicitation – 73– A. The Montana Army National Guard anticipates purchasing Food Service for all drilling and training units at Fort Harrison for specific dates beginning with Lunch on 2 May 2014 and ending with Breakfast on 21 June 2014.
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