Inactive

36C24421Q0873 Page 1 of Page 6 of 52 Page 1 of This is a combined synopsis/solicitation for BRAND NAME ONLY Carefusion Retractors as prepared in accordance with the format in Subpart 12.6 in conjuncti... 36C24421Q0873 Page 1 of Page 6 of 52 Page 1 of This is a combined synopsis/solicitation for BRAND NAME ONLY Carefusion Retractors as prepared in accordance with the format in Subpart 12.6 in conjunction with Part 13 of Federal Acquisition Regulation (FAR), as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. A firm-fixed price purchase order is anticipated upon availability of FY21 funds. The solicitation number is 36C24421Q0873 and is issued as a request for quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-06, effective date June 10, 2021. This solicitation is Unrestricted, and the associated NAICS code 339112 Surgical and Medical Instrument Manufacturing has a small business size standard of 1000. Contract Line Items (CLIN): PRICE/COST SCHEDULE ITEM INFORMATION ITEM NUMBER DESCRIPTION OF SUPPLIES/SERVICES QTY UNIT UNIT PRICE AMOUNT 0001 2.00 EA __________________ __________________ S-L BLUNT RETR BLADE 23X55MM ALUM BLACK LOCAL STOCK NUMBER: S-0115 0002 2.00 EA _________ __________________ S-L BLUNT RETR BLADE 23X30MM ALUM SILVER LOCAL STOCK NUMBER: S-0110 0003 2.00 EA _________ __________________ S-L BLUNT RETR BLADE 23X35MM ALUM BLUE LOCAL STOCK NUMBER: S-0111 0004 2.00 EA _________ __________________ S-L BLUNT RETR BLADE 23X40MM ALUM RED LOCAL STOCK NUMBER: S-0112 0005 2.00 EA _________ __________________ S-L BLUNT RETR BLADE 23X45MM ALUM GREEN LOCAL STOCK NUMBER: S-0113 0006 2.00 EA _________ __________________ S-L BLUNT RETR BLADE 23X50MM ALUM VIOLET LOCAL STOCK NUMBER: S-0114 0007 2.00 EA _________ __________________ S-L BLUNT RETR BLADE 23X60MM ALUM GOLD LOCAL STOCK NUMBER: S-0116 0008 2.00 EA _________ __________________ S-L BLUNT RETR BLADE 23X65MM ALUM NAVY LOCAL STOCK NUMBER: S-0117 0009 2.00 EA __________ __________________ S-L BLUNT RETR BLADE 23X70MM ALUM LT GRN LOCAL STOCK NUMBER: S-0118 0010 2.00 EA __________ __________________ S-L BLUNT RETR BLADE 23X75MM ALUM ORANGE LOCAL STOCK NUMBER: S-0119 0011 1.00 EA __________ __________________ S-L SHORT TOOTH BLADE 23X30MM ALUM SILVR LOCAL STOCK NUMBER: S-0120 0012 1.00 EA __________ __________________ S-L SHORT TOOTH BLADE 23X35MM ALUM BLUE LOCAL STOCK NUMBER: S-0121 0013 1.00 EA __________ __________________ S-L SHORT TOOTH BLADE 23X40MM ALUM RED LOCAL STOCK NUMBER: S-0122 0014 1.00 EA __________ __________________ S-L SHORT TOOTH BLADE 23X45MM ALUM GREEN LOCAL STOCK NUMBER: S-0123 0015 1.00 EA __________ __________________ S-L SHORT TOOTH BLADE 23X50MM ALUM VIOLT LOCAL STOCK NUMBER: S-0124 0016 1.00 EA __________ __________________ S-L SHORT TOOTH BLADE 23X55MM ALUM BLACK LOCAL STOCK NUMBER: S-0125 0017 1.00 EA __________ __________________ S-L SHORT TOOTH BLADE 23X60MM ALUM GOLD LOCAL STOCK NUMBER: S-0126 0018 1.00 EA __________ __________________ S-L SHORT TOOTH BLADE 23X65MM ALUM NAVY LOCAL STOCK NUMBER: S-0127 0019 1.00 EA __________ __________________ S-L LONG TOOTH BLADE 23X30MM ALUM SILVER LOCAL STOCK NUMBER: S-0129 0020 1.00 EA __________ __________________ S-L LONG TOOTH BLADE 23X35MM ALUM BLUE LOCAL STOCK NUMBER: S-0130 0021 1.00 EA __________ __________________ S-L LONG TOOTH BLADE 23X40MM ALUM RED LOCAL STOCK NUMBER: S-0131 0022 1.00 EA ___________ __________________ S-L LONG TOOTH BLADE 23X45MM ALUM GREEN LOCAL STOCK NUMBER: S-0132 0023 1.00 EA ___________ __________________ S-L LONG TOOTH BLADE 23X50MM ALUM VIOLET LOCAL STOCK NUMBER: S-0133 0024 1.00 EA ___________ __________________ S-L LONG TOOTH BLADE 23X55MM ALUM BLACK LOCAL STOCK NUMBER: S-0134 0025 1.00 EA ___________ __________________ S-L LONG TOOTH BLADE 23X60MM ALUM GOLD LOCAL STOCK NUMBER: S-0135 0026 1.00 EA ___________ __________________ S-L LONG TOOTH BLADE 23X65MM ALUM NAVY LOCAL STOCK NUMBER: S-0136 0027 2.00 EA ___________ __________________ S-L MICRO BLUNT BLADE 35X14MM ALUM BLUE LOCAL STOCK NUMBER: S-0140 0028 2.00 EA ___________ __________________ S-L MICRO BLUNT BLADE 40X14MM ALUM RED LOCAL STOCK NUMBER: S-0141 0029 2.00 EA ___________ __________________ S-L MICRO BLUNT BLADE 45X14MM ALUM GREEN LOCAL STOCK NUMBER: S-0142 0030 2.00 EA ___________ __________________ S-L MICRO BLUNT BLADE 50X14MM ALUM VIOLT LOCAL STOCK NUMBER: S-0143 0031 2.00 EA ___________ __________________ S-L MICRO BLUNT BLADE 55X14MM ALUM BLACK LOCAL STOCK NUMBER: S-0144 0032 2.00 EA ___________ __________________ S-L MICRO BLUNT BLADE 60X14MM ALUM GOLD LOCAL STOCK NUMBER: S-0145 0033 2.00 EA ____________ __________________ S-L MICRO TOOTH BLADE 14X35MM ALUM BLUE LOCAL STOCK NUMBER: S-0146 0034 2.00 EA ____________ __________________ S-L MICRO TOOTH BLADE 40X14MM ALUM RED LOCAL STOCK NUMBER: S-0147 0035 2.00 EA ___________ __________________ S-L MICRO TOOTH BLADE 45X14MM ALUM GREEN LOCAL STOCK NUMBER: S-0148 0036 2.00 EA ___________ __________________ S-L MICRO TOOTH BLADE 50X14MM ALUM VIOLT LOCAL STOCK NUMBER: S-0149 0037 2.00 EA ___________ __________________ S-L MICRO TOOTH BLADE 55X14MM ALUM BLACK LOCAL STOCK NUMBER: S-150 0038 2.00 EA ___________ __________________ S-L MICRO TOOTH BLADE 60X14MM ALUM GOLD LOCAL STOCK NUMBER: S-0151 0039 1.00 EA ___________ __________________ S-L DEPTH GAUGE 30-100MM COLOR-CODED LOCAL STOCK NUMBER: S-0156 0040 2.00 EA __________________ __________________ S-L SIDE LOAD LOCKING RETRACTOR HANDLE LOCAL STOCK NUMBER: T-0095 0041 1.00 EA __________________ __________________ S-L RING-HANDLED RETRACTOR SIDE LOAD LOCAL STOCK NUMBER: T-0100 GrandTotal $ 36C24421Q0873 Page 1 of Page 52 of 52 Page 1 of Statement of Work The Corporal Michael J. Crescenz VAMC 3900 Woodland Ave Philadelphia, PA 19104 Title of Project: Carefusion Retractors Scope of Work: The Corporal Michael J. Crescenz VAMC is requesting to purchase Brand Name Carefusion Retractor instruments for Orthopedic Surgery. Vendor to provide the following Carefusion Retractors: ITEM Part Number Description QTY Unit of Measure 1 S-0115 S-L BLUNT RETR BLADE 23X55MM ALUM BLACK 2 EA 2 S-0110 S-L BLUNT RETR BLADE 23X30MM ALUM SILVER 2 EA 3 S-0111 S-L BLUNT RETR BLADE 23X35MM ALUM BLUE 2 EA 4 S-0112 S-L BLUNT RETR BLADE 23X40MM ALUM RED 2 EA 5 S-0113 S-L BLUNT RETR BLADE 23X45MM ALUM GREEN 2 EA 6 S-0114 S-L BLUNT RETR BLADE 23X50MM ALUM VIOLET 2 EA 7 S-0116 S-L BLUNT RETR BLADE 23X60MM ALUM GOLD 2 EA 8 S-0117 S-L BLUNT RETR BLADE 23X65MM ALUM NAVY 2 EA 9 S-0118 S-L BLUNT RETR BLADE 23X70MM ALUM LT GRN 2 EA 10 S-0119 S-L BLUNT RETR BLADE 23X75MM ALUM ORANGE 2 EA 11 S-0120 S-L SHORT TOOTH BLADE 23X30MM ALUM SILVR 1 EA 12 S-0121 S-L SHORT TOOTH BLADE 23X35MM ALUM BLUE 1 EA 13 S-0122 S-L SHORT TOOTH BLADE 23X40MM ALUM RED 1 EA 14 S-0123 S-L SHORT TOOTH BLADE 23X45MM ALUM GREEN 1 EA 15 S-0124 S-L SHORT TOOTH BLADE 23X50MM ALUM VIOLT 1 EA 16 S-0125 S-L SHORT TOOTH BLADE 23X55MM ALUM BLACK 1 EA 17 S-0126 S-L SHORT TOOTH BLADE 23X60MM ALUM GOLD 1 EA 18 S-0127 S-L SHORT TOOTH BLADE 23X65MM ALUM NAVY 1 EA 19 S-0129 S-L LONG TOOTH BLADE 23X30MM ALUM SILVER 1 EA 20 S-0130 S-L LONG TOOTH BLADE 23X35MM ALUM BLUE 1 EA 21 S-0131 S-L LONG TOOTH BLADE 23X40MM ALUM RED 1 EA 22 S-0132 S-L LONG TOOTH BLADE 23X45MM ALUM GREEN 1 EA 23 S-0133 S-L LONG TOOTH BLADE 23X50MM ALUM VIOLET 1 EA 24 S-0134 S-L LONG TOOTH BLADE 23X55MM ALUM BLACK 1 EA 25 S-0135 S-L LONG TOOTH BLADE 23X60MM ALUM GOLD 1 EA 26 S-0136 S-L LONG TOOTH BLADE 23X65MM ALUM NAVY 1 EA 27 S-0140 S-L MICRO BLUNT BLADE 35X14MM ALUM BLUE 2 EA 28 S-0141 S-L MICRO BLUNT BLADE 40X14MM ALUM RED 2 EA 29 S-0142 S-L MICRO BLUNT BLADE 45X14MM ALUM GREEN 2 EA 30 S-0143 S-L MICRO BLUNT BLADE 50X14MM ALUM VIOLT 2 EA 31 S-0144 S-L MICRO BLUNT BLADE 55X14MM ALUM BLACK 2 EA 32 S-0145 S-L MICRO BLUNT BLADE 60X14MM ALUM GOLD 2 EA 33 S-0146 S-L MICRO TOOTH BLADE 14X35MM ALUM BLUE 2 EA 34 S-0147 S-L MICRO TOOTH BLADE 40X14MM ALUM RED 2 EA 35 S-0148 S-L MICRO TOOTH BLADE 45X14MM ALUM GREEN 2 EA 36 S-0149 S-L MICRO TOOTH BLADE 50X14MM ALUM VIOLT 2 EA 37 S-0150 S-L MICRO TOOTH BLADE 55X14MM ALUM BLACK 2 EA 38 S-0151 S-L MICRO TOOTH BLADE 60X14MM ALUM GOLD 2 EA 39 S-0156 S-L DEPTH GAUGE 30-100MM COLOR-CODED 1 EA 40 T-0095 S-L SIDE LOAD LOCKING RETRACTOR HANDLE 2 EA 41 T-100 S-L RING-HANDLED RETRACTOR SIDE LOAD 1 EA Background: The Corporal Michael J. Crescenz VA Medical Center facility will need to acquire an additional retractor set for Nuero-Spine department in the OR. Reviewed by Joint Commission Resources, the set assists the facilities in meeting regulatory agency and VA requirements related to operating room standards of care and turnover ratios for sterilization. These requirements include the ability to turn over the tray sets within a 24- hour period safely. Objectives This is a single acquisition at a fixed firm price for the Corporal Michael J. Crescenz VA Medical Center. To allow reduction of operating room time and lower emergency response times as well as routine set-ups. Tasks or Requirements To continue: Conducting deep-seated lesions of the brain and decrease effects of retraction on parenchyma. Looking at cost utilization of surgical sets for nuero-surgery, vendor, part number, etc. and adjusting inventory levels and types accordingly. Quickly reducing the risk of brain damage by moving aside the folds and tissues of the brain with less risk of damage than other surgical methods. Type of Contract: Brand Name, Unrestricted, Lowest Price Technically Accepted (LPTA), Open Market Supply Specifications Requirements: See itemized parts above. Must be this brand name to be compatible with existing instruments Proof of an authorized distributer must be submitted to be considered Warranty and Support: The warranty and support must cover all components of the requirement in accordance with standard manufacturer s warranty Delivery Location: The Corporal Michael J. Crescenz VAMC 1900 Woodland Ave Philadelphia, PA 19104 The Contractor shall provide deliveries and maintenance under this contract during normal VA working hours (8:00 a.m. 4:30 p.m.), Monday through Friday unless otherwise approved by the Contracting Officer. POC for delivery is Marlin Barrier; marlin.barrier@va.gov. Delivery shall occur with-in 30 Days or sooner of receipt of contract. No deliveries shall take place on Federal holidays or weekends unless directed by the Contracting Officer. Federal holidays are as follows: New Year s Day, Martin Luther King Day, President s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran s Day, Thanksgiving Day, Christmas, and any other day specially declared by the President of the United States to be a national holiday. END OF SATEMENT OF WORK The following FAR and Veterans Affairs Acquisition Regulation (VAAR) apply to this acquisition: FAR 52.212-4 Contract Terms and Conditions Commercial Items (OCT 2018) applies to this acquisition. ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The following clauses are incorporated into 52.212-4 as an addendum to this contract: 52.246-26 REPORTING NONCONFORMING ITEMS (JUN 2020) (a) Definitions. As used in this clause Common item means an item that has multiple applications versus a single or peculiar application. Counterfeit item means an unlawful or unauthorized reproduction, substitution, or alteration that has been knowingly mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified item from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitution includes used items represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics. Critical item means an item, the failure of which is likely to result in hazardous or unsafe conditions for individuals using, maintaining, or depending upon the item; or is likely to prevent performance of a vital agency mission. Critical nonconformance means a nonconformance that is likely to result in hazardous or unsafe conditions for individuals using, maintaining, or depending upon the supplies or services; or is likely to prevent performance of a vital agency mission. Design activity means an organization, Government or contractor, that has responsibility for the design and configuration of an item, including the preparation or maintenance of design documents. Design activity could be the original organization, or an organization to which design responsibility has been transferred. Major nonconformance means a nonconformance, other than critical, that is likely to result in failure of the supplies or services, or to materially reduce the usability of the supplies or services for their intended purpose. Suspect counterfeit item means an item for which credible evidence (including but not limited to, visual inspection or testing) provides reasonable doubt that the item is authentic. (b) The Contractor shall (1) Screen Government-Industry Data Exchange Program (GIDEP) reports, available at www.gidep.org, as a part of the Contractor s inspection system or program for the control of quality, to avoid the use and delivery of counterfeit or suspect counterfeit items or delivery of items that contain a major or critical nonconformance. This requirement does not apply if the Contractor is a foreign corporation or partnership that does not have an office, place of business, or fiscal paying agent in the United States. (2) Provide written notification to the Contracting Officer within 60 days of becoming aware or having reason to suspect, such as through inspection, testing, record review, or notification from another source (e.g., seller, customer, third party) that any end item, component, subassembly, part, or material contained in supplies purchased by the Contractor for delivery to, or for, the Government is counterfeit or suspect counterfeit; (3) Retain counterfeit or suspect counterfeit items in its possession at the time of discovery until disposition instructions have been provided by the Contracting Officer; and (4) Except as provided in paragraph (c) of this clause, submit a report to GIDEP at www.gidep.org within 60 days of becoming aware or having reason to suspect, such as through inspection, testing, record review, or notification from another source (e.g., seller, customer, third party) that an item purchased by the Contractor for delivery to, or for, the Government is (i) A counterfeit or suspect counterfeit item; or (ii) A common item that has a major or critical nonconformance. (c) The Contractor shall not submit a report as required by paragraph (b)(4) of this clause, if (1) The Contractor is a foreign corporation or partnership that does not have an office, place of business, or fiscal paying agent in the United States. (2) The Contractor is aware that the counterfeit, suspect counterfeit, or nonconforming item is the subject of an ongoing criminal investigation, unless the report is approved by the cognizant law enforcement agency; or (3) For nonconforming items other than counterfeit or suspect counterfeit items, it can be confirmed that the organization where the defect was generated (e.g., original component manufacturer, original equipment manufacturer, aftermarket manufacturer, or distributor that alters item properties or configuration) has not released the item to more than one customer. (d) Reports submitted in accordance with paragraph (b)(4) of this clause shall not include (1) Trade secrets or confidential commercial or financial information protected under the Trade Secrets Act (18 U.S.C. 1905); or (2) Any other information prohibited from disclosure by statute or regulation. (e) Additional guidance on the use of GIDEP is provided at http://www.gidep.org/about/opmanual/opmanual.htm. (f) If this is a contract with the Department of Defense, as provided in paragraph (c)(5) of section 818 of the National Defense Authorization Act for Fiscal Year 2012 (Pub. L. 112 81), the Contractor or subcontractor that provides a written report or notification under this clause that the end item, component, part, or material contained electronic parts (i.e., an integrated circuit, a discrete electronic component (including, but not limited to, a transistor, capacitor, resistor, or diode), or a circuit assembly) that are counterfeit electronic parts or suspect counterfeit electronic parts shall not be subject to civil liability on the basis of such reporting, provided that the Contractor or any subcontractor made a reasonable effort to determine that the report was factual. (g) Subcontracts. (1) Except as provided in paragraph (g)(2) of this clause, the Contractor shall insert this clause, including this paragraph (g), in subcontracts that are for (i) Items subject to higher-level quality standards in accordance with the clause at FAR 52.246 11, Higher-Level Contract Quality Requirement. (ii) Items that the Contractor determines to be critical items for which use of the clause is appropriate. (iii) Electronic parts or end items, components, parts, or materials containing electronic parts, whether or not covered in paragraph (g)(1)(i) or (ii) of this clause, if the subcontract exceeds the simplified acquisition threshold, as defined in FAR 2.101 on the date of subcontract award, and this contract is by, or for, the Department of Defense (as required by paragraph (c)(4) of section 818 of the National Defense Authorization Act for Fiscal Year 2012 (Pub. L. 112 81)); or (iv) For the acquisition of services, if the subcontractor will furnish, as part of the service, any items that meet the criteria specified in paragraphs (g)(1)(i) through (g)(1)(iii) of this clause. (2) The Contractor shall not insert the clause in subcontracts for (i) Commercial items; or (ii) Medical devices that are subject to the Food and Drug Administration reporting requirements at 21 CFR 803. (3) The Contractor shall not alter the clause other than to identify the appropriate parties. (End of Clause) 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 852.203-70 COMMERCIAL ADVERTISING (MAY 2018) The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor s products or services or considers the Contractor s products or services superior to other products or services. (End of Clause) VAAR 852.211-70 EQUIPMENT OPERATION AND MAINTENANCE MANUALS (NOV 2018) The Contractor shall follow standard commercial practices to furnish manual(s), handbook(s) or brochure(s) containing operation, installation, and maintenance instructions, including pictures or illustrations, schematics, and complete repair/test guides, as necessary, for technical medical equipment and devices, and/or other technical and mechanical equipment provided per CLIN(s) ALL CLINS. The manuals, handbooks or brochures shall be provided in hard copy, soft copy or with electronic access instructions, consistent with standard industry practices for the equipment or device. Where applicable, the manuals, handbooks or brochures will include electrical data and connection diagrams for all utilities. The documentation shall also contain a complete list of all replaceable parts showing part number, name, and quantity required. (End of Clause) VAAR 852.212-72 GRAY MARKET AND COUNTERFEIT ITEMS (MAR 2020) (a) No used, refurbished, or remanufactured supplies or equipment/parts shall be provided. This procurement is for new Original Equipment Manufacturer (OEM) items only. No gray market items shall be provided. Gray market items are OEM goods intentionally or unintentionally sold outside an authorized sales territory or sold by non-authorized dealers in an authorized sales territory. (b) No counterfeit supplies or equipment/parts shall be provided. Counterfeit items include unlawful or unauthorized reproductions, substitutions, or alterations that have been mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified item from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitutions include used items represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics. (c) 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) VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING MONITORING AND COMPLIANCE (JUL 2018) (a) This solicitation includes FAR 52.219-6 Notice of Total Small Business Set-Aside - Alternate II. (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. (End of Clause) VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) (a) Definitions. As used in this clause (1) Contract financing payment has the meaning given in FAR 32.001. (2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment. (3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests. (4) Invoice payment has the meaning given in FAR 32.001; and (5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract. (b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required. (c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following: (1) VA s Electronic Invoice Presentment and Payment System at the current website address provided in the contract. (2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI). (d) Invoice requirements. Invoices shall comply with FAR 32.905. (e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for (1) Awards made to foreign vendors for work performed outside the United States. (2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information. (3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies. (4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or (5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above. (End of Clause) VAAR 852.246-71 REJECTED GOODS (OCT 2018) (a) Supplies and equipment. Rejected goods will be held subject to Contractor s order for not more than 15 days, after which the rejected merchandise will be returned to the Contractor s address at the Contractor s risk and expense. Expenses incident to the examination and testing of materials or supplies that have been rejected will be charged to the Contractor. (b) Perishable supplies. The Contractor shall remove rejected perishable supplies within 48 hours after notice of rejection. Supplies determined to be unfit for human consumption will not be removed without permission of the local health authorities. Supplies not removed within the allowed time may be destroyed. The Department of Veterans Affairs will not be responsible for, nor pay for, products rejected. The Contractor will be liable for costs incident to examination of rejected products. (End of Clause) VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018) Material shall be packed for shipment in such a manner that will insure acceptance by common carriers and safe delivery at destination. Containers and closures shall comply with regulations of carriers as applicable to the mode of transportation. (End of Clause) VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) The contracting officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee's authority. A copy of the designation shall be furnished to the contractor. (End of Clause) FAR Number Title Date 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE JUL 2016 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS DEC 2013 (End of Addendum to 52.212-4) The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items, applies to this acquisition and the following additional FAR clauses cited in the clause are applicable to the acquisition: 52.204-10 Reporting Executive Compensation & First-Tier Subcontract Awards (JUN 2020) 52.209-6 Protecting the Government s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JUN 2020) 52.219-27 Notice of Service-Disabled Veteran-Owned Small Business (MAR 2020) 52.219-28 Post Award Small Business Program Representation (NOV 2020) 52.222-19 Child Labor--Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (APR 2016) 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) 52.222-50 Combating Trafficking in Persons (OCT 2020) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUL 2020) 52.225-3 Buy American--Free Trade Agreements--Israeli Trade Act (JAN 2021) 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) 52.232-33 Payment by Electronic Funds Transfer-- System for Award Management (OCT 2018) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) The provision at 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition and the following clauses AND instructions are added as addenda: 52.212-2 EVALUATION COMMERCIAL ITEMS (OCT 2014) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: BRAND NAME, LOWEST PRICE TECHNICALLY ACCEPTABLE. To be technical acceptable, must quote all 41 CLINS. The government shall evaluate quoters prices, and then evaluate the apparent lowest-priced quote for acceptability under the technical factor. If the lowest-price quoter was evaluated as unacceptable, the agency shall then consider the acceptability of the next lowest-price quoter, continuing this process as necessary. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of Provision) 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS COMMERCIAL ITEMS (FEB 2021) Contractors are required to include a copy of the FAR provision 52.212-3 Offeror Representations and Certifications Commercial Items with its quote or may indicate completion of the representations and certifications on the internet at http://sam.gov. Failure to include the certifications along with the quote or complete certif...