Kyphon Kits
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. The commercial items procedures of FAR Part 12 will be used. NAICS code is 339112, size standard 500 employees.
This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-74b/75 effective July 1, 2014. This acquisition is being conducted under the authority of the commercial item test program at FAR 13.5.
Only electronic offers will be accepted. Offers are due to angela.oppenheimer@va.gov by 1:00 PM. Pacific Time, September 24th, 2014.
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:
[X] 52.232-34, Payment by Electronic Funds Transfer-Other Than System For Award Management, or
[] 52.232-36, Payment by Third Party
3. INVOICES: Invoices shall be submitted in arrears:
a. Quarterly []
b. Semi-Annually []
c. Other [X] 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.
Department of Veterans Affairs
FMS-VA-2(101) Financial Services Center
PO Box 149971
Austin, TX 78714-9971
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
AMENDMENT NO DATE
Performance Work Statement - Description of Kyphon Kit Services
1. Scope of Work
Contractor shall provide Kyphon Kit's minimum pressure rating of 700 (psi). Contractor agrees that VA Sierra Nevada Healthcare System (VASNHCS) in Reno, Nevada requires the Kit's minimum pressure rating of 700 (psi) for Interventional Radiology kyphoplasty procedure. Services shall support VA beneficiaries.
2. Specific Tasks:
2.1. The contractor agrees to provide Kyphon Kit's minimum pressure rating of 700 (psi) and associated materials to VASNHCS as ordered and at the agreed upon price. Orders shall be placed each day (Monday through Friday by 4:30PM) for delivery the next business day (Monday through Friday) by 7:00AM. A second order may be placed each business day for same day delivery.
2.2. Contractor shall have an adequate supply of contract products Kyphon Kit's minimum pressure rating of 700 (psi) available to meet the requirements of the VASNHCS.
2.3. Contractor shall label all supplies with expiration date, etc. compliant with interventional radiology procedures.
2.4. Contractor shall perform all quality control procedures as required by Federal and State regulatory agencies and Joint Commission.
2.5. Contractor shall accept returns for credit under the following conditions:
a. Product(s) ordered or shipped in error.
b. Product(s) damaged in shipment
c. Concealed shipping damages
d. Recalled product(s)
e. Outdated products in unopened, original container (specifically authorized for return by manufacturer).
3. Qualifications of Offerors:
3.1. Contractor must be regularly established in the business that is called for, must provide Kyphon Kit's minimum pressure rating of 700 (psi) and who in the judgment of the Contracting Officer are financially responsible and able to show evidence of the reliability, ability, experience, equipment, facilities and personnel directly employed or supervised by them to render prompt and satisfactory service.
4. Holidays: The following Federal Holidays are observed:
New Year's Day
Birthday of Martin Luther King, Jr. (day of observance)
Washington's Birthday
Memorial Day
Independence Day
Labor Day
Columbus Day
Veterans Day
Thanksgiving Day
Christmas Day
5. Ordering: After award, the successful Offeror will be furnished the name(s) of individuals authorized to purchase against the Contract.
5.1. Normally, orders shall be placed during the workday, and delivery shall be required by 7:00 am the following workday to the VASNHCS, Interventional Radiology Department. Due to the demands of the Medical Center patient care requirements, contractor shall provide routine delivery and pick-up as many times as required by the VASNHCS at no additional charge. In the event that the requirements may be determined in advance, a longer delivery time may be scheduled accordingly.
5.2. The delivery order shall include the following information: contract item (s) and quantity, time (s) of delivery, and applicable VA order number.
5.3. Orders can be placed by the VASNHCS via telephone, fax, or e-mail.
5.4. EMERGENCY ORDERING PROCEDURES: Normal business hours are considered
Monday through Friday: 7:00 am - 4:30 pm.
5.5. PERSON'S AUTHORIZED TO PLACE ORDERS:
5.6. VASNHCS staff members will be the only individuals authorized to place orders under this contract. Points of contact will be provided to the awardee immediately after contract award.
5.7 Ordering Contact Information: Contractor shall provide contact information for the placement of orders for items listed in the "Schedule of Supplies and Services" Section.
Please complete the following requested information as part of your submission.
POC Name: ______________________________
Address: ________________________________
City/State/Zip Code: _____________________________
Ordering Phone Number: ________________________________
Ordering Fax Number: _________________________________________
Ordering E-Mail Address: ______________________________________
When the Contractor offers an earlier delivery date and time than specified, the Government reserves the right to award whether in accordance with the requested schedule or in accordance with the earlier schedule offered by the contractor. If a contractor offers a longer delivery than that requested, the Government may award based on that schedule. If the contract offers no other delivery schedule, the delivery requested shall apply.
Delivery proposed
(a) Delivery of supplies by the scheduled date will be complete except as otherwise authorized by the Ordering Personnel.
(b) The Government may terminate this contract in whole or in part if the contractor fails to meet the required delivery schedule. The Contractor shall be liable for a fixed, occurring amount until the Government may reasonably obtain delivery of similar supplies. The contractor shall not be charged with damages when the delay in delivery arises out of causes beyond the control and without the fault or negligence of the contractor.
(c) Delivery date and time specified may be adjusted by the Contracting Officer. The Contractor will be notified of this change at least seven (7) days prior to the original or adjusted delivery date.
6. DELIVERY LOCATION:
Kyphon Kit's minimum pressure rating of 700 (psi) shall be delivered to:
Diagnostic Imaging
VASNHCS
975 Kirman Avenue, Room 1D401B
Reno, NV 89502
6.1. DELIVERY COMMITMENT: Time of delivery specified or mutually agreed to at the time of receipt of telephone orders shall become mandatory upon the Contractor.
6.2. All charges incurred for delivery shall be included in the fee schedule to include fuel surcharges.
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Price/Cost Schedule
Item Information. THIS IS A BRAND NAME OR EQUAL COMBINED SYNOPSIS / SOLICITATION. PREFERRD BRAND NAME IS MEDTRONIC. STATED QUANTITIES ARE ESTIMATES ONLY AND SHALL ONLY BE DELIVERED ON AN "AS NEEDED" BASIS WHEN REQUESTED BY AUTHORIZED VA PERSONNEL.
BASE YEAR - 10/01/2014 through 09/30/2015
CLIN DESCRIPTION w/ Salient Characteristics
Brand name Medtronic or Equal Amount
Per Dose Est.
Qty./
Year Price Per
Unit Dose Estimated
Price/Year
0001 KPX153PB - Kyphon KIT15/3
Xpander II 15mm inflatable bone tamp are intended to be used as conventional bone tamp for reduction of fracture and/or creation of void in cancellous bone in spine with maximum pressure rating of 700psi. 8 $ $
0002 KPX203PB - Kyphon Kit 20/3
Xpander II 20mm inflatable bone tamp are intended to be used as conventional bone tamp for reduction of fracture and/or creation of void in cancellous bone in spine with maximum pressure rating of 700psi. 8 $ $
0003 KPE1001 - Kyphon Kit 10/2
Express 10mm inflatable bone tamp are intended to be used as conventional bone tamp for reduction of fracture and/or creation of void in cancellous bone in spine with maximum pressure rating of 700psi. 3 $ $
0004 KPE1003 - Kyphon Kit 15/2
Express 15mm inflatable bone tamp are intended to be used as conventional bone tamp for reduction of fracture and/or creation of void in cancellous bone in spine with maximum pressure rating of 700psi. 8 $ $
0005 C01B - HV-R Bone Cement and Mixer
HY-R bone cement is a polymethylmethacrylate (PMMA) that contains approx. 30% barium sulfate. It is designed for manual delivery in a highly viscous state. 25 $ $
0006 CX01B - Expede Bone Cement and Mixer
Quick-to-doe, high radiopaque bone cement, intended for use in the spine with the balloon kyphoplasty procedure. Acts as internal cast for spinal fracture. Ready to inject in 2.5 minutes. 20 $ $
0007 A08E - Kyphon Inflation Syringe
Intended use in balloon kyphoplasty procedure for purpose of inflating Kyphon inflatable bone tamps. Maximum pressure rating of 700psi. 6 $ $
0008 A13A- Express Curette
Intended use in balloon kyphoplasty procedure for purpose of scoring/scraping bone to help creature cavity. 8 $ $
0009 F04B- Bone Filler Device Size 3
Intended for the delivery of bone cement, including use during a balloon kyphoplasty procedure 10 $ $
0010 F06A - Bone Filler Device Size 2
Intended for the delivery of bone cement, including use during a balloon kyphoplasty procedure 10 $ $
0011 F05A - Bone Biopsy Device Size 3
Intended to obtain bone biopsy of vertebral body during balloon kyphoplasty procedure. 20 $ $
0012 F07A - Bone Biospy Device Size 2
Intended to obtain bone biopsy of vertebral body during balloon kyphoplasty procedure. 10 $ $
0013 KX153 - Bone Tamp 15/3 Xpander II
A la carte Xpander II 15mm inflatable bone tamp are intended to be used as conventional bone tamp for reduction of fracture and/or creation of void in cancellous bone in spine with maximum pressure rating of 700psi. 3 $ $
0014 KX203 - - Bone Tamp 20/3 Xpander II
A la carte Xpander II 20mm inflatable bone tamp are intended to be used as conventional bone tamp for reduction of fracture and/or creation of void in cancellous bone in spine with maximum pressure rating of 700psi. 3 $ $
0015 T15K -INTRODUCER KYPHX ONE STEP BEVEL - Osteointroducer intended to gain access into vertebral body during balloon kyphoplasty procedure 3 $ $
0016 T24B - Introducer KYPHX ONE STEP Size 2 - Osteointroducer intended to gain access into vertebral body during balloon kyphoplasty procedure 3 $ $
0017 KEX102EB - Express II Kyphon 10/2
Express II 10mm inflatable bone tamp are intended to be used as conventional bone tamp for reduction of fracture and/or creation of void in cancellous bone in spine with maximum pressure rating of 700psi. 1 $ $
0018 KEX152EB - Express II Kyphon 15/2
Express II 15mm inflatable bone tamp are intended to be used as conventional bone tamp for reduction of fracture and/or creation of void in cancellous bone in spine with maximum pressure rating of 700psi. 3 $ $
0019 KEX202EB - Express II Kyphon 20/2
Express II 20mm inflatable bone tamp are intended to be used as conventional bone tamp for reduction of fracture and/or creation of void in cancellous bone in spine with maximum pressure rating of 700psi. 3 $ $
0020 A22 - Multi-Tap Size 2
Used to transfer bone cement from mixer to 8 bone filler devices simultaneously 10 $ $
0021 A23 - Multi-Tap Size 3
Used to transfer bone cement from mixer to 6 bone filler devices simultaneously 20 $ $
Base Year Total: $
Delivery Schedule
ITEM NUMBER DELIVERY DATE
All items SHIP TO: VA Sierra Nevada Health Care System
Diagnostic Imaging
975 Kirman Avenue, Room 1D401B
Reno ,NV 89502 0993 BASE YEAR -
10/01/2014 - 09/30/2015
CONTRACT CLAUSES
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (MAY 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:
[X] (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.
[X] (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).
[X] (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).
[X] (34) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).
[X] (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).
[X] (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)
[X] (41) 52.225-1, Buy American Act-Supplies (FEB 2009) (41 U.S.C. 10a-10d).
[] (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.
[] (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).
[X] (51) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
[] (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.
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 Number Title Date
52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS MAY 2014
852.203-70 COMMERCIAL ADVERTISING JAN 2008
852.211-73 BRAND NAME OR EQUAL JAN 2008
852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS NOV 2012
852.246-71 INSPECTION JAN 2008
852.246-70 GUARANTEE JAN 2008
SOLICITATION PROVISIONS
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 Number Title Date
52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS APR 2014
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS MAY 2014
52.211-6 BRAND NAME OR EQUAL AUG 1999
852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION JAN 2008
852.233-71 ALTERNATE PROTEST PROCEDURE JAN 1998
852.233-71 ALTERNATE PROTEST PROCEDURE NOTE MAY 2010
52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.
52.212-2 EVALUATION - COMMERCIAL ITEMS
The Government shall evaluate proposals based on the lowest priced, responsible, technically acceptable offer. The following shall be used to evaluate offers:
Technical Capability. Offeror's technical capability shall be evaluated based on the information clearly provided in their quote in response to the salient characteristics stated under B.4 Price/Cost Schedule. This is a brand name or equal solicitation. "Or equal" items shall meet all salient characteristics. Offerors must clearly and concisely state how their product meets the salient characteristics.
A Note on Determining Responsibility of Suppliers: All relevant facts and circumstances gathered from sources of information available to the Government (e.g., National Institutes of Health [NIH] Contractor Performance System [CPS] and Past Performance Information Retrieval System [PPIRS]) will be used as part of determining the responsibility of prospective suppliers. If an Offeror has not commented on negative past performance evaluations obtained by the Technical Evaluation Board, the Offeror may be given the opportunity to explain and/or mitigate adverse past performance during verbal or written interactions after receipt of proposals. Offerors who do not have relevant past performance will receive a neutral rating (neither favorable nor unfavorable).
52.233-2 SERVICE OF PROTEST (SEP 2006)
Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:
Name: VA261-14-Q-1344
Hand-Carried and/or Mailing Address:
Angela Oppenheimer, VA Martinez Clinic, 150 Muir Road, AB7, Martinez, CA 94553-4668
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
Angela Oppenheimer
angela.oppenheimer@va.gov
angela.oppenheimer@va.gov
