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5. PROJECT NO.CODE7. ADMINISTERED BY2. AMENDMENT/MODIFICATION NO.CODE6. ISSUED BY8. NAME AND ADDRESS OF CONTRACTOR4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE9A. AMENDMENT OF SOLICITATION NO.9B. DATEDPAGEOF PAGES10A. MODIFICATION OF CONTRACT/ORDER NO.10B. DATEDBPA NO.1. CONTRACT ID CODEFACILITY CODECODE Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of OffersE. IMPORTANT:is extended, (a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR AC- KNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAYis not extended.12. ACCOUNTING AND APPROPRIATION DATA(REV. 10-83)is required to sign this document and return ___________ copies to the issuing office.is not,A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.15C. DATE SIGNEDB. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b). RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:D. OTHERBYContractor16C. DATE SIGNED14. DESCRIPTION OF AMENDMENT/MODIFICATION16B. UNITED STATES OF AMERICAExcept as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.15A. NAME AND TITLE OF SIGNER16A. NAME AND TITLE OF CONTRACTING OFFICER15B. CONTRACTOR/OFFERORSTANDARD FORM 30 NSN 7540-01-152-8070PREVIOUS EDITION NOT USABLEPrescribed by GSA - FAR (48 CFR) 53.243(Type or print)(Type or print)(Organized by UCF section headings, including solicitation/contract subject matter where feasible.)(No., street, county, State and ZIP Code)(If other than Item 6)(Specify type of modification and authority)(such as changes in paying office, appropriation date, etc.)(If required)(If applicable)(SEE ITEM 11)(SEE ITEM 13)(X)CHECKONE13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONSAMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT(Signature of person authorized to sign)(Signature of Contracting Officer)1A000013/10/2016NONEDepartment of Veterans AffairsVISN 7 Network Contracting Activity501 Greene StreetHatcher Building - Suite 2Augusta GA 30901Department of Veterans AffairsVISN 7 Network Contracting Activity501 Greene StreetHatcher Building - Suite 2Augusta GA 30901To all Offerors/Bidders VA247-16-R-008902-22-2016 XXX3 Solicitation amendment is issued to revise the statement of work. The solicitation changes are identified in red tofacilitate ease of comparison. The offeror is responsible for analyzing the scope of work. TC "SECTION A" \l 1TC "A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS" \l 2PAGE 1 OF1. REQUISITION NO. 2. CONTRACT NO.3. AWARD/EFFECTIVE DATE4. ORDER NO.5. SOLICITATION NUMBER6. SOLICITATION ISSUE DATEa. NAMEb. TELEPHONE NO. (No Collect Calls)8. OFFER DUE DATE/LOCALTIME9. ISSUED BYCODE10. THIS ACQUISITION IS UNRESTRICTED ORSET ASIDE: % FOR:SMALL BUSINESSHUBZONE SMALLBUSINESSSERVICE-DISABLEDVETERAN-OWNEDSMALL BUSINESSWOMEN-OWNED SMALL BUSINESS(WOSB) ELIGIBLE UNDER THE WOMEN-OWNEDSMALL BUSINESS PROGRAMEDWOSB8(A)NAICS:SIZE STANDARD:11. DELIVERY FOR FOB DESTINA-TION UNLESS BLOCK ISMARKEDSEE SCHEDULE12. DISCOUNT TERMS 13a. THIS CONTRACT IS A RATED ORDER UNDERDPAS (15 CFR 700)13b. RATING14. METHOD OF SOLICITATIONRFQIFBRFP15. DELIVER TO CODE16. ADMINISTERED BYCODE17a. CONTRACTOR/OFFERORCODEFACILITY CODE18a. PAYMENT WILL BE MADE BYCODETELEPHONE NO.DUNS:DUNS+4:PHONE:FAX:17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKEDSEE ADDENDUM19.20.21.22.23.24.ITEM NO.SCHEDULE OF SUPPLIES/SERVICESQUANTITYUNITUNIT PRICEAMOUNT(Use Reverse and/or Attach Additional Sheets as Necessary)25. ACCOUNTING AND APPROPRIATION DATA26. TOTAL AWARD AMOUNT (For Govt. Use Only)27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDAAREARE NOT ATTACHED.27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDAAREARE NOT ATTACHED28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFERCOPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIEDSET FORTH HEREIN IS ACCEPTED AS TO ITEMS:30a. SIGNATURE OF OFFEROR/CONTRACTOR31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)30c. DATE SIGNED31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)31c. DATE SIGNEDAUTHORIZED FOR LOCAL REPRODUCTION(REV. 2/2012)PREVIOUS EDITION IS NOT USABLEPrescribed by GSA - FAR (48 CFR) 53.2127. FOR SOLICITATIONINFORMATION CALL:STANDARD FORM 1449OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS120VA247-16-R-008902-22-2016Kevin Warren706-733-0188 ext 112803-22-20163:30 PM ESTDepartment of Veterans AffairsVISN 7 Network Contracting Activity501 Greene StreetHatcher Building - Suite 2Augusta GA 30901X100X532291$32.5 MillionNet 30N/AXDepartment of Veterans AffairsVISN 7 Network Contracting Activity501 Greene StreetAugusta GA 30901Department of Veterans AffairsVISN 7 Network Contracting Activity501 Greene StreetHatcher Building - Suite 2Augusta GA 30901 Department of Veterans AffairsFMS-VA-2 (101)Financial Services CenterP.O. Box 149971Austin TX 78714-9971See CONTINUATION PageContractor is to provide Home Oxygen Services to theveteran beneficiaries of the Birmingham VA Medical Center.All work to be performed in accordance with theStatement of Work.This procurement is 100% set-aside for Small Businesses andall offerors must be registered in the System for AwardManagement(SAM).Offers are to be provided in Original Plus OneCopy and a CD of the entire proposal.Direct any questions to Kevin.Warren2@ not later than10 days after issuance of the RFP.$0.00See CONTINUATION PageXXR. Anthony StephensContracting OfficerTable of Contents TOC \o "1-4" \f \h \z \u \x SECTION A PAGEREF _Toc443900010 \h 2A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS PAGEREF _Toc443900011 \h 2SECTION B - CONTINUATION OF SF 1449 BLOCKS PAGEREF _Toc443900012 \h 5B.1 CONTRACT ADMINISTRATION DATA PAGEREF _Toc443900013 \h 5B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011) PAGEREF _Toc443900014 \h 6Statement of Work PAGEREF _Toc443900015 \h 6QUALITY ASSURANCE SURVEILLANCE PLAN PAGEREF _Toc443900016 \h 31B.3 PRICE/COST SCHEDULE PAGEREF _Toc443900017 \h 37ITEM INFORMATION PAGEREF _Toc443900018 \h 37SECTION C - CONTRACT CLAUSES PAGEREF _Toc443900019 \h 67C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) PAGEREF _Toc443900020 \h 67C.2 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (MAY 2015) PAGEREF _Toc443900021 \h 67C.3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (OCT 2015) PAGEREF _Toc443900022 \h 73C.4 52.216-18 ORDERING (OCT 1995) PAGEREF _Toc443900023 \h 79C.5 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014) PAGEREF _Toc443900024 \h 79C.6 52.216-19 ORDER LIMITATIONS (OCT 1995) PAGEREF _Toc443900025 \h 80C.7 52.216-21 REQUIREMENTS (OCT 1995) PAGEREF _Toc443900026 \h 80C.8 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) PAGEREF _Toc443900027 \h 81C.9 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) PAGEREF _Toc443900028 \h 81C.10 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984) PAGEREF _Toc443900029 \h 82C.11 52.237-3 CONTINUITY OF SERVICES (JAN 1991) PAGEREF _Toc443900030 \h 82C.12 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008) PAGEREF _Toc443900031 \h 82C.13 VAAR 852.203-71 DISPLAY OF DEPARTMENT OF VETERAN AFFAIRS HOTLINE POSTER (DEC 1992) PAGEREF _Toc443900032 \h 83C.14 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) PAGEREF _Toc443900033 \h 83C.15 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984) PAGEREF _Toc443900034 \h 84C.16 MANDATORY WRITTEN DISCLOSURES PAGEREF _Toc443900035 \h 84SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS PAGEREF _Toc443900036 \h 85ATTACHMENT 1 – AREAS OF RESPONSIBILITY/ JURISDICTION PAGEREF _Toc443900037 \h 85ATTACHMENT 2: LIST OF DEFINITIONS-ACRONYMS- ABBREVIATIONS PAGEREF _Toc443900038 \h 86ATTACHMENT 3: HOME OXYGEN CONTRACT ROLES AND RESPONSIBILITIES PAGEREF _Toc443900039 \h 87ATTACHMENT 4: USDOL SERVICE CONTRACT ACT WAGE DETERMINATION INFORMATION PAGEREF _Toc443900040 \h 90ATTACHMENT 5 – SCHEDULE OF REQUIRED REPORTS PAGEREF _Toc443900041 \h 92ATTACHMENT 6 PAST PERFORMANCE SURVEY PAGEREF _Toc443900042 \h 97SECTION E - SOLICITATION PROVISIONS PAGEREF _Toc443900043 \h 101E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2015) PAGEREF _Toc443900044 \h 101E.2 52.209-5 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION)(MAR 2012) PAGEREF _Toc443900045 \h 108E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) PAGEREF _Toc443900046 \h 108E.4 52.216-1 TYPE OF CONTRACT (APR 1984) PAGEREF _Toc443900047 \h 109E.5 52.233-2 SERVICE OF PROTEST (SEP 2006) PAGEREF _Toc443900048 \h 109E.6 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (JAN 2008) PAGEREF _Toc443900049 \h 110E.7 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008) PAGEREF _Toc443900050 \h 110E.8 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998) PAGEREF _Toc443900051 \h 111E.9 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (OCT 2015) PAGEREF _Toc443900052 \h 112SECTION B - CONTINUATION OF SF 1449 BLOCKSB.1 CONTRACT ADMINISTRATION DATA(continuation from Standard Form 1449, block 18A.) 1. Contract Administration: All contract administration matters will be handled by the following individuals: a. CONTRACTOR: b. GOVERNMENT: Contracting Officer 00247 Robert StephensDepartment of Veterans AffairsVISN 7 Network Contracting Activity501 Greene StreetHatcher Building - Suite 2Augusta GA 30901 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 System For Award Management, 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] Paid via credit card 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 AffairsFMS-VA-2 (101)Financial Services CenterP.O. Box 149971Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:AMENDMENT NODATEB.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011) This solicitation includes FAR 52.219-14 Limitations on Subcontracting. 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.Statement of WorkHOME OXYGEN SERVICESFORBirmingham VAMC, Birmingham, AL1. SCOPE: This Statement of Work (SOW) defines the effort required for the setup, installation, and management of Home Oxygen services and Ventilation, in accordance with Joint Commission (JC) standards for Homecare, to Veteran beneficiaries serviced by VISN 7. This SOW includes the associated program management, human engineering, and logistic support planning requirements. The use of the terms “beneficiary”, “Veterans”, “Patients”, and “Patient” are used interchangeably and refer to the recipient of required services, equipment, and supplies required under the contract.1.1 Background: The acquisition of Home Oxygen services is being initiated to provide Home Oxygen services to Veteran beneficiaries serviced by VISN 7. VISN 7 does not have the capacity to provide these services so a contract has been sought for the provision of home oxygen and all associated products and services. 1.2 VETERANS SERVED: The Department of Veteran Affairs (VA) Medical Center in Birmingham, AL currently serves an estimated 800 oxygen-using patients. The volumes or amounts shown in the Solicitation are estimates only and impose no obligation on the VA, either minimum or maximum. The contract shall be for the actual requirements of the VA as ordered by the VA during the life of the contract. 1.3 LOCATIONS: The Contractor shall provide Home Oxygen within a defined area of responsibility/jurisdiction to the patients’ residence, or other location as indicated on the order for Home Oxygen. Area of responsibility/jurisdiction for each VA facility includes the counties identified as applicable to the area of responsibility/jurisdiction.NOTE: The location of the patient’s place of residence, and not which VA facility will order the home oxygen services, will determine which contract the Government will utilize to obtain home oxygen services. The Government reserves the right to purchase the services from the Contractor awarded a contract whose area of responsibility/jurisdiction includes the location of the patient’s place of residence.A.BIRMINGHAM VAMC, AND CBOC’S: Contractor shall provide setup, installation, and management of Home Oxygen services to any Patients that are treated at the BIRMINGHAM Medical Centers and all Community Based Outpatient Centers (CBOC’s) supported therein (Clinic of Jurisdiction/Primary Service Area COJ/PSA), regardless of their physical location. B. (COUNTIES SERVED LISTED HERE IN ALL CAPS) AUTAUGA, BALDWIN, BARBOUR, BIBB, BLOUNT, BULLOCK, BUTLER, CALHOUN, CHAMBERS, CHEROKEE, CHILTON, CHOCYAW, CLARKE, CLAY, CLEBURNE, COFFEE, COLBERT, CONECUH, COOSA, COVINGTON, CRENSHAW, CULLMAN, DALE, DALLAS, DEKALB, ELMORE, ESCAMBIA, ETOWAH, FAYETTE, FRANKLIN, GENEVA, GREENE, HALE, HENRY, HOUSTON, JACKSON, JEFFERSON, LAMAR, LAUDERDALE, LAWRENCE, LEE, LIMESTONE, LOWNDES, MACON, MADISON, MARENGO, MARSHALL, MOBILE, MONROE, MONTGOMERY, MORGAN, PERRY, PICKENS, PIKE, RANDOLPH, RUSSELL, SHELBY, ST. CLAIR, SUMTER, TALLADEGA, TALLAPOOSA, TUSCALOOSA, TESKEGEE, WALKER, WASHINGTON, WILCOX, WINSTON.1.4 PORTABLE EQUIPMENT AT VA MEDICAL CENTERS: A stock of ten (10) portable cylinders, regulators and 02 carriers shall be continuously maintained by the contractor at the VA Medical Center located in Birmingham, AL. These cylinders shall be used only to accommodate Home Oxygen beneficiaries who are visiting VA or being discharged and require a tank of oxygen to go home. This service shall be provided at no additional cost to the Government. VA shall furnish storage space and maintain all security for this equipment. Contractor shall be permitted access to the space and equipment when requested, by telephone, with 24 hours’ notice to the VA Medical Center’s Prosthetics Service. Contractor shall maintain an updated inventory of all equipment on a quarterly basis.2.0 NOTIFICATION AND DELIVERY:2.1 NOTIFICATION: The Contracting Officer’s representative (COR) or designee shall provide the Contractor with notification via facsimile to initiate individual patient service requirements. This shall include patient’s oxygen prescription, oxygen prescription expiration date, equipment, supplies, and services to be provided including the date and place of delivery. The Contractor shall confirm receipt of the request within two (2) working hours of notification. Contractor shall confirm by PKI encrypted email to COR or designee/designated staff for all Home Oxygen initiations, plan of care changes, and discharges. The COR or designee shall also provide notification of VA initiated discontinuance of service via PKI encrypted email. All changes to patient care shall be confirmed in writing. The written documents shall include the authorizing official’s signature. The prescription is terminated the day the patient expires.2.2 NOTIFICATION TO VA REGARDING STATUS OF DELIVERY OF HOME OXYGEN SERVICES:The contractor shall notify the appropriate VA of initial delivery of home oxygen equipment by emailing a copy of delivery ticket. The delivery ticket shall be signed and dated by the patient. This notification shall be made within two (2) working days. This notification shall be made when patient requires changes in medical equipment or equipment switch-outs.The Contractor shall notify the appropriate VA by PKI encrypted email within one (1) working day if expected delivery of medical equipment is not completed. This notification shall include reason why delivery was unable to be completed within the 24 hour timeframe.The Contractor shall notify the appropriate VA by PKI encrypted email within one (1) working day if the patient refuses delivery of medical equipment and/or signs the Contractor’s AMA form. Copy of the AMA form signed by patient shall be included in this notification.2.3 DELIVERY OF MEDICAL EQUIPMENT:The Contractor shall deliver and set up in the patient’s residence, all equipment and supplies ordered by an authorized VA Physician, COR, or Designee. Contract prices are all-inclusive. The Contractor shall not be reimbursed for costs incurred in excess of the contract prices in the Schedule of Supplies/Services for services provided in accordance with the Schedule of Supplies/ServicesPatients shall be notified of expected delivery times by the Contractor. Veterans shall be provided with four (4) hour delivery time window for expected time delivery.Deliveries of medical equipment and supplies shall be made in full, without exception. If the contractor is unable to fulfill the full prescribed medical equipment and supplies list, they may choose to partial delivery. The cost for such delivery shall be considered at no cost to VA and is for the convenience of the Contractor. Payment shall only be issued for full deliveries. In such cases where a partial delivery is made, the remainder of the delivery shall be made within one (1) calendar day. Contractor shall maintain sufficient stock (or have available) to ensure all deliveries can be made within the contractual timeframes.The Contractor shall deliver portable oxygen equipment to previously established and new patients being discharged to their home from non-VA Facilities and other facilities as requested by VA Staff per the needs of the Veteran. Equipment shall be delivered within 4 hours of the request.2.4 EXCESS DELIVERY: The Contractor shall not deliver supplies and/or equipment in excess of those prescribed, and the Contractor shall not be paid for any excess deliveries.3.0 SERVICE SPECIFICATIONS:3.1 PRESCRIPTION CHANGES: The Contractor shall not change or alter a patient’s oxygen prescription or equipment requirements without a new prescription from the patient’s VA physician, COR, or designee.3.2 HOME VISITS:The Contractor shall visit patients’ residences for regularly scheduled maintenance visits in performance of this contract by appointment only; between the hours of 7:00 a.m. and 7:00 p.m. Exceptions shall be made in the cases of emergencies.The Contractor is responsible for scheduling the appointments to the patient’s home 24-48 hours prior to the appointment.On each scheduled set-up/delivery the Contractor shall reassess the need to instruct the patient on the use and care of the equipment and supplies as necessary. Contractor shall re-instruct patient, family or care givers as necessary without formal order from the VA.3.3 INITIAL SET-UPS: Initial set-ups are services provided to those patients who have not been provided a VA authorized oxygen therapy delivery system in the residence or nursing home on a previous occasion, or have not used such a system continuously for the past 60 days. Set up will be performed within 24 hours of receipt of signed VA physician order, COR, or designee. Orders received before 12:00 noon will be set up same day whenever possible. Emergent requests received during normal business hours will be set up the same day to allow discharge from emergency room or inpatient facility. Once initial set-up has been completed, the Contractor shall develop a regular delivery schedule for home oxygen and supplies to patients. All Initial 50 PSI setups shall include all disposables large bore tubing, large volume nebulizers, drain bags and masks.Switch-outs are services provided to those patients who are presently using an oxygen delivery system or have used such a system continuously within the past 60 days. The Contractor shall provide equipment switch-outs by staff with documented competency training on the manufacturer’s recommended assembly, use, and maintenance of the equipment used under this contract. Failure to perform the switch-outs as ordered by VA staff shall result in no cost to the government. Payment shall be made once switch-outs are completed as prescribed by VA staff. Payments shall be assessed based on the provider’s established rate and prorated from set-up date. Medical equipment switch-out requested to increase the patient’s quality of life or due to changes in the patient’s oxygen requirement shall be made at no extra charge to the government.Set-up of Home Oxygen includes setting up and ensuring the appropriate oxygen system is operational, instruction and training of Patient, and/or caregiver and home environment safety check. Failure to deliver within the required time shall result in the VA obtaining oxygen from another source. Any costs in excess of contract pricing for services provided shall be billed to contractor or credited to next invoice at the discretion of the ordering facility.The Contractor is responsible for establishing appointments with patients when initiating set-ups, deliveries, and switch-outs within 24 hours of receipt of signed VA physician order, COR, or designee.3.4 ASSESSMENT REQUIREMENTS:The Contractor shall perform an assessment of the patient’s home and environment in accordance with JC accreditation standards for Homecare, and maintain documentation of assessments in the individual patient file or folder.The Contractor shall notify the COR/designee during the home visit if the Contractor’s staff determines that the presence of oxygen in the home presents such a danger that the oxygen must be removed, or in the case of an initial set-up, not placed in the home.The Contractor shall notify the COR or designee by telephone or email within two (2) hours if any unsafe conditions are observed in the patient’s home that preclude the installation of continuance of oxygen service. Unsafe conditions may include, but are not limited to, fire safety hazards, oxygen safety hazards, patient abuse by family or caregivers, or any instance that places the patient or Contractor’s staff in immediate danger. The Contractor shall provide written documentation of the safety hazard to the COR or designee within one (1) business day of incident.The Contractor shall check the adequacy of the electrical outlets in the patient’s home and immediately report unsafe conditions to the COR or designee. VA shall not be responsible or liable for any unsafe electrical conditions caused by the Contractor. Any alterations to the patient’s residence shall be the responsibility of the patient. If ordered equipment cannot be safely installed, the COR or designee shall provide an alternative oxygen delivery system after approval until new prescription can be obtained. If not alternative is available the prescribing VA physician shall be notified by the COR or designee.3.5 PATIENT EDUCATION REQUIREMENTS:The Contractor shall provide education to each patient at the time of set-up, and every six months thereafter, and assess the need for reinforcement during visits. This information shall presented verbally, in demonstration and material covered shall be in written form to be left with the patient/care giver. The written material shall be in English as well as the foreign language of the patient, should the patient not speak English. In the case of such an occurrence the Contractor is to advise the VA facility to facilitate adequate instructions. All patient education material must be presented in written form to the COR or designee for approval prior to distribution to patients. The Contractor shall implement any new or revised education material as directed by the COR or designee. The VA shall determine whether the Contractor shall use his/her forms or forms supplied by the VA for documentation of services provided to patients. Regardless of whether the VA provides a VA Patient Rights & Responsibilities document and/or forms to the Contractor, and/or the Contractor uses his/her VA Patient Rights & Responsibilities and/or forms, the Contractor is responsible for duplication of the documents/forms when copies are needed to give to patients.Patients shall be provided a copy of VA Patient Rights & Responsibilities, and Advance Directives as appropriate. The Contractor shall document that the patient/care giver has been instructed in accordance with JC Standards for Homecare.3.6 DISCONTINUATION OF SERVICE:The Government shall notify the Contractor in the event of an order to discontinue oxygen service to any patient covered under this contract as soon as identified (but not earlier than two (2) weeks prior to expiration). Notification shall be by PKI encrypted email or telephone. At least two (2) weeks prior to the scheduled termination of prescription the Contractor shall notify the COR or designee via telephone or PKI e-mail, if removal of home oxygen may be detrimental to the patient. Payment shall be pro-rated based upon the notification date of discontinuance of service. The Contractor shall notify the Government within next business day of a patient death, or upon finding a patient has moved out of the service area.The Contractor shall remove equipment from the patient’s residence at the earliest possible time but no later than five (5) business days after notification unless approved by the COR or designee. The date and time of equipment pickup shall be coordinated with the patient and/or next of kin and/or significant other. The Contractor shall make every effort to meet the patient’s or patient’s families’ requests for pickup times. The Contractor shall honor family’s requests to pick up equipment before or after funerals or family gatherings relative to patient funerals. The Contractor shall treat such requests with the utmost courtesy, and give such requests the highest priority. In the event the patient refuses to release the equipment the Contractor shall immediately notify the COR or designee. Billing of services ends at time of VA-issued notification to discontinue order or prescribed duration of therapy.3.7 EMERGENCY SERVICES:The Contractor shall provide emergency services on a 24-hour basis, and the contractor shall provide services at the patient’s home no more than four (4) hours of receiving a call. If the Contractor is unable to respond to an emergency service call within four (4) hours, the Contractor shall be responsible for making arrangements with another supplier to provide oxygen, and the Contractor shall be responsible for any excess cost above the contract reimbursed price. A written explanation of why the Contractor was unable to respond to the emergency must be provided to the COR or designee within one (1) business day.An emergency exists if the COR or designee informs the Contractor that he/she considers the situation an emergency, or if the patient states in a telephone call to the Contractor that an emergency situation exists in regard to the function of the home oxygen equipment or use of the equipment. The Contractor shall provide written details of the patient emergency to the COR or designee within one (1) business day of notification by the patient. This written report shall contain time of initial call and time contractor arrived at the patient’s house, and details of the emergencyThe Contractor shall maintain a telephone number for emergency purposes so that the VA and patients who have been authorized to receive home oxygen may contact the Contractor outside of normal business hours. The Contractor shall provide the telephone numbers to the patients and to the COR. This emergency telephone number will be operated and answered 24 hours a day, 7 days a week, 365 days a year.The Contractor shall notify the COR or designee immediately in the event of a disaster, natural or otherwise, that may affect the services covered under this contract.3.8 SIGNAGE: The Contractor shall provide the patient signs for all entrances into the patient’s residence, stating “Warning Oxygen in Use, No Smoking” or other verbiage that No Smoking is allowed due to oxygen being present and document that the Patient/Caregiver is instructed in the safe use of oxygen and equipment per OSHA regulations. The Contractor shall attach patient education and expectations placard to all concentrators and liquid oxygen stationary systems.3.9 TRAVELING PATIENTS:The Contractor shall be responsible for coordinating all home oxygen for patients who travel both within and outside their respective contracted area of responsibility/jurisdiction, unless otherwise indicated. The COR or designee, or patient, shall be responsible for notifying the Contractor where/when the patient is traveling to and the mode of transportation. The Contractor is responsible for coordinating with the patient when travel has been completed. Traveling patients shall be provided with a Federal Aviation Administration (FAA) approved portable concentrator for travel purposes at the request of the COR or designee. The VA estimates 30% of patients will travel at some point within each year. These units shall not be standard for long term use.Invoices for travel patients are to be provided to the VA within seven (7) days of patient return from travel destination.Patients traveling within the Contractor’s area of responsibility/jurisdiction shall be provided all home oxygen under the contract at the contract rate. Patients traveling within contracted areas of responsibility/jurisdiction covered under other VISN 7 contracts for home oxygen, but not within the Contractor’s area of responsibility/jurisdiction, shall be provided all required oxygen services at whatever contract rate that applies to the area the patient is traveling to. The Contractor currently providing home oxygen shall notify and arrange for home oxygen with the contractor whose area the patient is traveling to.For patients traveling outside the areas of responsibility/jurisdiction covered by VISN 7’s contracts for home oxygen, and/or temporarily relocating, the Contractor shall arrange for home oxygen. The Contractor shall obtain pre-approval from the COR or designee on pricing if it is above the contract price on the Contractor’s contract. If approved, the Contractor shall be reimbursed the contract rate plus the additional costs incurred for providing appropriate home oxygen. The Contractor shall provide the COR or designee evidence of any additional costs involved in providing the services. Travel outside of the areas of responsibility/jurisdiction covered by VISN 7’s contracts for home oxygen includes the remaining United States.Home oxygen for overseas travel is the responsibility of the patient.4.0 EQUIPMENT SPECIFICATIONS AND ASSOCIATED REQUIREMENTS:4.1 EQUIPMENT MAINTENANCE:a.At least once every 30 days the Contractor shall visit the patient to reassess equipment compliance, educational needs, and to perform an environmental survey. A written report shall include at a minimum the following data:Name and social security number (SSN) of patient using the equipment.Monitor compliance on prescription (Liters Per Minute (LPM), hours per day).Type of equipment, hours on concentrator (Serial numbers for the rented equipment shall be the Contractor’s responsibility and kept on file in the Contractor’s main office).Inspection results of liter flow rate in monitoring patient compliance (as compared to prescription).Inspection compliance of intake filters (exchange or clean by patient); follow-up education and/or reinforcement of compliance documented.Revised plan of service as needed.A delivery report shall be developed by the Contractor, signed and dated by the contract staff and the patient/care giver and a copy shall be left with the patient. The reports shall be legible and attached to the invoice. All reports shall be submitted to the COR or designee in alphabetical order, with the monthly invoices by the 10th business day of the month following service. The report must include a patient list and associated scanned delivery/maintenance receipts with patient’s signatures, patient signed patient education notes and clinical notes associated with plan of care changes. The report shall be submitted by the Contractor in both hard copy and on electronic media (DVD or CD). Format to be approved by VA. Changes to the format shall not constitute a need for a contract modification.4.2 NECESSARY EQUIPMENT AND SERVICES:In accordance with the prescription received from the VA facility, the Contractor shall provide the patient with the following items:Humidifiers and water traps, when the liter flow is equal to or greater than four (4) liters per minute, or if prescribed. The number of humidifiers must be sufficient to ensure that they are not depleted between re-supply visits. The number of traps shall be based on the patient’s flow rate. Humidifiers and water traps are changed every two-weeks with a supply in reserve at all times sufficient to last until the contractor’s next visit.Six (6) disposable oxygen cannulas on hand for a change every two (2) weeks with a supply in reserve at all times until the Contractor’s next scheduled visit.Six (6) disposable masks for change/wash every two (2) weeks with a supply in reserve at all times (when masks are prescribed in lieu of nasal cannulas).25-50 feet of oxygen connecting tubing shall be replaced every 30 days with an equivalent section of tubing in reserve at all times (to be included in initial setup) until the Contractor’s next scheduled visit.Tracheotomy collar and accessories (e.g. tubing and large volume nebulizer) with a supply on hand allowing for change every three (3) days and a supply of five (5) each in reserve at all times until the Contractor’s next scheduled visit.Safety holders shall be provided at no charge for all patients with a prescription for four (4) or more cylinders.Contractor shall schedule and perform home visits every 30 days for traditional concentrators and every home fill systems to educate patients and perform equipment inspection and maintenance in accordance with manufacturer’s recommendations.Contractor shall maintain, deliver, and pick-up VA owned equipment.One Oxygen-conserving nasal cannula with pendent reservoir (if prescribed).4.3 CONTRACTOR OWNED CONCENTRATORS:The Contractor shall furnish, install and service all oxygen equipment to dispense oxygen and supplies ordered under this contract. All equipment shall be current, state-of-the-art model and all supplies are to be new. A label with the Contractor’s name and emergency telephone number where they can be reached 24 hours/day shall be affixed to all equipment.The concentrators must meet the following standards and guidelines:The American Association for Respiratory Care for Respiratory Equipment Used in the Home.American Society for Testing Materials (ASTM) minimum standards specification for electrically powered home care portable ventilators.Association for the Advancement of Medical Instrumentation (AAMI).Joint Commission (JC) Standard for Home Care.4.4 CYLINDERS:The Contractor shall furnish cylinders required under this contract that are in accordance with the Interstate Commerce Commission Regulations, and transport cylinders in accordance with Code of Federal Regulations (CFR) Part 49, U.S. Department of Transportation. ‘H’ or “M” cylinders furnished by the Contractor shall have ‘H’ or “M” safety stand at no additional charge to the Government. This stand shall remain Contractor-owned.Oxygen Cylinders provided must be United States Pharmacopoeia (U.S.P.) oxygen.4.5 VENTILATORS:Contractor shall track ventilators for preventive maintenance in accordance with manufactures' specifications. Ventilators shall be maintained monthly by measuring tidal volume, timing rate, evaluating actual high and low alarm parameters, cleaning/changing filters, checking settings, and evaluating backup system.If a ventilator needs maintenance, either scheduled or unscheduled, the contractor shall pick up the ventilator from the patient’s home and replace with another Contractor owned ventilator.The patient shall always have two (2) ventilators on hand. The spare ventilator with accessories must always be present in the patient’s home. Those accessories would include, at minimum: ambulation bag (manual resuscitation bag); spare ventilator circuits; adaptors and supplies as needed; and a back-up battery.Ventilator supplies to include (at a minimum):Ventilator tubing to be changed every 7th day with two in reserve at all times.Bacterial/humidifier filters to be changed monthly with two in reserve at all times.One closed system suction catheter to be changed every day with one in reserve at all times.Suction system shall include swivel adapter with MDI port, one single 14 french suction catheter with one in reserve at all times, two yankeur tip suction to be cleaned every 7th day with one in reserve at all times (yankeur to be replaced every two weeks).One resuscitation bag with mask and oxygen tubing to be cleaned every 7th day with one in reserve at all times.One suction pump with suction collection jar, non-sterile gloves, basin, normal saline solution. Four collection jars shall be provided per month, or more as necessary.Trach supplies shall consist of 30 split drain sponges and ten trach ties.The Contractor shall always keep one (1) or more ventilators in stock for replacement purposes for each patient on a rental ventilator. All related supplies shall be provided by the Contractor.Contractor shall provide each site a quarterly report due on the 10th day following the end of the quarter containing the following:Name and social security number of the beneficiary.Serial number of the ventilator.Date of last preventive maintenance.Date of next scheduled preventive maintenance.Patients may be on continuous or intermittent mechanical ventilation.Contractor responsibility for ventilator usage is as follows:Perform home visits (continuous patients shall be visited monthly and nocturnal/intermittent ventilation patients visited quarterly).Provide documentation of all home visits to the VA Home Oxygen Coordinator within two (2) weeks of visit.Provide thorough education to patient and caregiver in proper ventilator usage, ventilator function and operation including control knobs, power sources, adding oxygen, troubleshooting the ventilator and alarms, the remote alarm, checking tidal volume, ventilator tubing change, talking devices, cleaning of tubing and humidifier, back pressure with Jackson trach tube (if applicable), bagging with AMBU bag, and supplies.Provide continuing education in ventilator use as needed. All education provided by Contractor’s therapist shall be approved by the VA COR or designee upon consultation with Respiratory Care or the Home Oxygen Program Coordinator.Contractor shall assess the home environment for safety and suitability for ventilator use.Verify and document safe and proper use of the ventilator.Contractor Respiratory Therapist Responsibilities/Competency shall include the following:Home Ventilator petency assessments should be completed annually for each type of mechanical ventilator managed by contractor respiratory therapist.Oxygen delivery.Aerosol equipment.Tracheotomies.Airway care.Suction machines.petency assessment of the contractor’s respiratory therapists shall remain the responsibility of the Contractor4.6 AIR COMPRESSORS AND SUCTION MACHINE:Contractor shall provide and maintain 50-PSI compressors to?run large volume nebulizers and other various respiratory needs.?Initial setup shall include all disposables large bore tubing, large volume nebulizers, drain bags and masksContractor shall perform equipment maintenance check on 50 psi air compressors and suction machines in accordance with manufacturer guidelines or every 90 days, whichever comes first, and as determined by COR and Contractor.4.7 PORTABLE CONCENTRATORS:Contractor shall provide FAA approved portable concentrators to beneficiaries for travel purposes only. Portable concentrators should be suitable for airline travel and extended and / or multi-destination land travel.Should malfunction occur during beneficiaries travel, Contractor is responsible to make arrangements for replacement portable concentrator at beneficiaries’ place of travel.Contractor shall provide portable concentrator to patient within 48 hours of request by VA medical staff.4.8 OXYGEN SAFETY VALVES:The Contractor shall furnish oxygen safety valves to each Veteran on home oxygen. These valves shall remain Contractor-owned and will be replaced every one (1) year. Two (2) each oxygen safety valves will be issued for each Veteran on home oxygen (one (1) each to be placed between the nasal cannula and oxygen tubing, with another one (1) each being placed between the oxygen concentrator (at the flow meter) and oxygen tubing).Oxygen safety valves act like a fuse to automatically isolate the oxygen supply in case of accidental fire, and potentially:Provides an additional level of protection, buying the patient, caregivers, emergency personnel and others valuable time to evacuate.Prevents the progression to upstream equipment oxygen concentrator, high pressure cylinder or liquid vessel. Lessens the probability that the fire will spread further, minimizing the overall cost of restoration. Veterans with heated humidity will not be provided with a valve, as this is a contraindication indicated by the manufacturer.Veterans shall be instructed to clean exterior surfaces of the valves every two (2) weeks with an alcohol or disinfectant wipe.Oxygen safety valves should be provided during a regularly scheduled cylinder delivery or every 30 day equipment maintenance visit. Special visits to deliver oxygen safety valves should not be made.If patient refuses oxygen safety valve, documentation of refusal, signed by the patient, must be provided to the VA.If contractor is unable to contact patient, notification should be made to the VA requesting updated contact information. If patient is still unable to be contacted, written documentation of 3 attempts to contact patient should be provided to the VA.If the delivery of safety valve coincides with a patient’s extended winter vacation, notification of this should be made to the VA in writing. Valves should be delivered to patient during first equipment delivery when patient returns. Follow up documentation should be provided to the VA after valves are delivered.Valves to be used must meet or exceed the below device specifications:SPECIFICATIONSMINIMUMMAXIMUMResistance to flown/a0.1 kpa (0.15 psi) at 2 lpm, 0.7kPa (0.10psi) at 5 lpm, 3.8 kPa (0.55 pse) at 15 1pmFlow0.5 lpm20 lpmPressure10 kPa450 kPaInternal leak20 mlpm10 mlpmExternal leak30 mlpm5 mlpmOperating Temperature0?C (32?F)40?C (104?F)Transit and Storage Temperature0?C (32?F)40?C (104?F)Humidity0 % RH100 % RHGas typeOxygen or oxygen enriched air(1) Likely upstream system pressure following activation of the valve; (2) Leak through the valve after activation; (3) Leak from the valve body after activation. Subject to correct installation as per instruction.4.09 MALE-FEMALE OXYGEN SWIVEL CONNECTOR:The Contractor shall furnish a male-female oxygen swivel connector to each Veteran to be used in conjunction with the oxygen safety valve, as requested by the Veteran or VA staff. Oxygen swivel adapters shall not be routinely issued like oxygen tubing or filters, but only as requested by the Veteran or VA staff.All requests for oxygen swivel connectors, made by either the Veteran or VA staff must be documented on the patient signed equipment maintenance sheet or patient signed delivery sheet.Delivery of swivel connectors shall be completed during a regularly scheduled delivery / equipment maintenance appointment. Any deliveries made outside this defined time must have prior approval from VA Prosthetics / COR or designee.The swivel connector is designed to help prevent oxygen tubing from twisting, kinking or becoming tangled.Two (2) each swivel connectors will be issued for each Veteran who is receiving VA home oxygen and has an oxygen safety valve, as requested. These swivel connectors shall remain Contractor-owned and will be replaced every one (1) year and as needed with prior approval from VA Prosthetics / COR or designee.Male-female oxygen swivel connectors must meet or exceed the following specifications:SPECIFICATIONSMINIMUMRotation360 Degree Swivel RotationConfigurationMale-Female ConnectionsCouplingLeak Free Coupling DesignConnection SizeUniversal Sizing for Both Male and Female Connections4.10 HOME OXYGEN EQUIPMENT:Installation - The installation of all machines and equipment by the Contractor shall be performed by a competent professional familiar with the nature of the equipment involved and fully qualified under the laws of the State in which the services are being rendered. Installation shall be consistent with local Fire and Safety Codes in the respective area of the State, and shall conform to the most current National Fire Protection Association (NFPA) Life Safety Codes and NFPA Oxygen Cylinder Requirements. The Contractor shall provide a safety/emergency checklist to be completed, then signed by the patient or his/her caregiver and retained in the beneficiary account folder.Maintenance - The Contractor shall ensure that all equipment is inspected at manufacturer’s recommended intervals. A Contractor’s staff member shall conduct a check of the concentrator using a certified oxygen analyzer that is calibrated according to the manufacturer’s standards. Equipment shall be maintained per manufacturer’s specifications, and the maintenance shall be completed using the manufacturer’s checklist. It shall include compressor inlet pre-filter changes and compressor inlet bacteria filter changes according to the manufacturer recommendations. The alarm battery shall be tested at each maintenance check, changed as indicated but at least annually. The Contractor is responsible for tracking and documenting maintenance of equipment in accordance with manufacturer specifications and providing these records for review upon request. Contractor shall furnish parts and labor for routine maintenance at no cost to the VA. The Contractor shall have recall procedures for equipment and supplies.4.11 EQUIPMENT SPECIFICATIONS FOR OXYGEN CONCENTRATORS:The oxygen concentrators shall be Underwriter Laboratory (UL) approved and must at a minimum meet the following specifications:Electrically powered (115 volts).There shall be a battery operated audible alarm to indicate a power failure.The oxygen concentrator shall not perform below the manufacturer’s specification.Hour meter and OCI indicator.The oxygen concentrator shall be grounded internally or plugged into a three-prong wall outlet appropriate for the patient’s home (outlet adaptors are not acceptable).All electrically powered equipment used in performance of this contract shall be UL approved and shall be the most recently developed in the field at the time of use and not more than three (3) years old.Contractor-owned equipment shall be repaired or replaced at no cost to the Government when breakdown or malfunction is due to normal usage or due to the fault of the Contractor.4.12 FIVE (5) LPM CONCENTRATOR:Concentrators must meet the following specifications:Deliver 92 - 95% oxygen (+ / - 3%) at flow rates up to 5LPM.Operate on 120 VAC, 60 Hz.Irregular pressure alarmHave power failure alarm.Weigh 60 pounds or less.Be mounted on wheels for easy movement by patient/caregiver.Must meet Food and Drug Administration (FDA) Quality Systems Regulation (QSR) standards.Minimum of three year warranty on concentrator and compressor.Sound level of 60db or less.Concentrators that have oxygen sensing devices are preferred, but not required.4.13 TEN (10) LPM CONCENTRATOR:Concentrators must meet the following specifications:Deliver 92 - 95% oxygen at flow rates from 0.5 to 7 LPM.Deliver 90 - 95% oxygen at flow rates from to 7 to 10LPM.Alarms for the following failures required: Power Failure, O2 Concentration (Optional), and Irregular Pressure.No larger than 26.0 H x 14.7 W x 19.1 Deep (in) 28.4 H x 39.4 W x 47.0 deep (cm).No heavier than 60 lbs (10 LPM unit) 110 volt; 60 cycle.Be mounted on wheels for easy movement by patient/caregiver.Must meet FDA QSR standards.Minimum of two year warranty on concentrator and compressor.Sound level of 60 db or less.Concentrators that have oxygen sensing devices are preferred, but not required.4.14 CONCENTRATOR WITH PORTABLE GASEOUS OXYGEN SYSTEM:Oxygen concentrator with home compressor used to fill portable oxygen cylinders. Home compressor feature may be integrated into the stationary concentrator or may be a separate component. Oxygen concentrator to deliver flow rates of either up to 5 LPM or up to 10 LPM (low flow or high flow concentrator). System shall include the following accessories:Portable containers.Regulator.Flow meter.Integrated oxygen conserving device.Humidifier.Nasal cannula or mask.Tubing.Cylinder carrier.Oxygen Thermal Fuse.5 self-filling E type oxygen cylindersContractor shall provide at no cost to the VAMC and Outpatient Clinics a home-fill system so patients can be titrated on actual unit before he/she goes home at no cost to the VA.? Devices shall then be billed at monthly rental charge.4.15 RENTAL DEMAND PULSE CONSERVER DEVICE: Contractor shall provide an oxygen-conserving device when ordered. Devices shall be approved by the VA and furnished to the VA Medical Center and Outpatient Clinics at no charge so patients can be titrated accordingly. Contractor shall provide at no cost to the VA an oxygen-conserving device so patients can be titrated on actual unit before he/she goes home. Devices shall then be billed at monthly rental charge upon delivery of prescribed equipment.4.16 PNEUMATIC POWERED OXYGEN CONSERVING DEVICES:Pneumatic units shall meet the following specifications:Flow settings from .5 to 6.Have easy to read content gauge.Have continuous flow setting.Have at least 2 year warranty.Weight less than 30 oz.4.17 ELECTRIC POWERED OXYGEN CONSERVING DEVICES:Electric units must meet the following specifications:Flow settings from .5 to 6.Have easy to read content gauge.Have alarm for low oxygen pressure level.Have alarm for “no inspiration taken”.Have continuous flow setting.Have at least 2 year warranty.Weight less than 30 oz.4.18 LIQUID OXYGEN SYSTEM:Liquid oxygen system consists of a large reservoir and portable unit that is filled from the reservoir. Standard reservoir holds 110 pounds of liquid oxygen and portable unit holds 3-5 pounds of liquid oxygen. The standard reservoir weighs 165 pounds full and the portable unit weighs 6-8 pounds full. System shall meet the following specifications:Reservoir must have condensation collection tray.Must have quick release valve for easy refilling.Flow meter range of 0.5 to 6 LPM.Portable must come with shoulder strap.May have electrical or mechanical content indicators.Safety pressure relief valves, primary and secondary.4.19 LIQUID SYSTEM WITH CONSERVING DEVICE:This system consists of a large reservoir and portable unit that is filled from the reservoir. Standard reservoir holds 110 pounds of liquid oxygen and portable unit holds 0.9 pounds of liquid oxygen. The standard reservoir weighs 165 pounds full and the portable unit weighs four (4) pounds full. System shall meet the following specifications:Reservoir must have condensation collection tray.Must have quick release valve for easy refilling.Must have flow settings of one (1) to six (6).Portable must come with shoulder strap and belt loop holder.May have electrical or mechanical content indicators.The Plan of Service must be developed by VA or the Contractor’s clinical representative, in accordance with the Plan of Care and the appropriate clinical staff at each VA facility. No alteration to the prescription shall be permitted without written prior approval of the COR or designee.4.20 BACKUP SYSTEM:Patients with a prescription for an oxygen concentrator shall be provided with an appropriate backup system. This system shall consist of a compressed gas source and regulator with stand, humidifiers, cannulas/mask for use during the event of a power failure or mechanical problem and necessitating the use of the backup cylinder. The cost for the above mentioned backup system would be borne by the Contractor. Any patient refusing to accept oxygen equipment or supplies prescribed by the VA is considered Against Medical Advice (AMA) and must sign the Contractor’s visit documentation or AMA form. The Contractor shall send the signed form and report within one (1) business day to the COR or designee by facsimile or secured email. In the event that a patient refuses to sign the Contractor's visit documentation or AMA form, the Contractor shall notify VA via facsimile or secured email within one (1) business day. The Contractor shall ensure all patients have at minimum a non-electrical oxygen supply to last three (3) times the Contractor’s response time to a call. The minimum supply shall take into account each patient’s prescription flow-rate and distance from the Contractor’s location, and so actual supply levels may differ from patient to patient. The cost of backup systems, backup oxygen, and backup equipment shall be borne by the Contractor. If H tanks are used for backup, the Contractor shall furnish an H tank stand for each H tank at no cost to the Government. Liquid oxygen supply may be considered backup oxygen; however the oxygen supply must be maintained at the minimum three (3) times the Contractor’s response time, and the cost of any additional equipment such as extra stationary units used solely to maintain the minimum level of backup oxygen shall be borne by the Contractor. The cost of liquid oxygen used solely for backup purposes shall be borne by the Contractor.4.21 STOCK STORAGE PORTABLE EQUIPMENT AT VAMC:Ten (10) portable cylinders, regulators and 02 carriers shall be continuously maintained by the Contractor at the VA Medical Centers. These cylinders shall be used only to accommodate home oxygen beneficiaries who are visiting VA or being discharged and require a tank of oxygen to go home. This shall be provided at no additional cost to the Government for this service.Portable cylinders, regulators and 02 carriers shall be delivered to the VAMCs within One (1) business day of request to accommodate home oxygen beneficiaries who are visiting the VA or being discharged and require a tank of oxygen to go home, at no additional cost to the Government.The VA shall furnish storage space and maintain all security for the above equipment. The Contractor shall be permitted access to the space and equipment when requested, by telephone, with 24 hours’ notice to the Respiratory Therapy Department. The Contractor shall maintain an updated inventory of all equipment on a quarterly basis.4.22 DEMURRAGE CHARGES: The Contractor agrees to provide cylinders without assessing demurrage charges on the Government. The Contractor further agrees that the free loan period of cylinders is indefinite, but shall not exceed the term of the contract.4.23 LOSS OR DAMAGED EQUIPMENT: The VA will not pay for the Contractor’s lost or damaged equipment provided under this contract. Accordingly, this is considered to be the cost of doing business, and is the requirement of the Contractor to pay for this type of equipment.5.0 REQUIREMENTS AND STANDARDS:5.1 SITE VISITS: Periodic, unscheduled on-site Contractor and home oxygen patient visits shall be made by the COR or designee to monitor the Contractor’s performance under this contract. The Contractor shall make available all records and documentation necessary during the monitoring visits. Site visits are conducted to ensure the Contractor’s compliance with coordinating, supervising and evaluating the services provided under the requirements of this contract.5.2 CONTRACTOR STAFF COMPETENCIES: Contractor must provide their staff with documented competency training to deliver prescribed supplies/cylinders/liquid oxygen (LOX) as required to each beneficiary as needed.5.3 STAFFING AND EMPLOYEE REQUIREMENTS:The Contractor shall be staffed to render satisfactory, timely, and courteous service to the patient at all times. The number of employees shall be equal to the workload and service response times specified in this contract. Workload fluctuations and personnel absences are the sole responsibility of the Contractor. The Contractor shall be responsible for the acts and omissions of his/her employees.All home oxygen services shall be performed in strict accordance with JC standards for Homecare by a competent professional familiar with the nature of the home oxygen equipment involved, and who has demonstrated competency. Employees providing services must have current education, training, and experience commensurate with the home oxygen equipment and scope of services provided. Only employees that have been properly trained and who have demonstrated competency shall perform equipment deliveries, recoveries, and patient education on the equipment.The Contractor shall educate, evaluate, and document employee education and training, in strict accordance with the current JC standards for Homecare. The Contractor shall maintain personnel folders on all employees performing under this contract. The Contractor shall provide and document both initial employee orientation and on-going education and training, which demonstrates the employee’s knowledge, experience, and competence, are appropriate for his/her assigned responsibilities. The Contractor shall perform initial assessment and ongoing assessment of employee competency for all employees involved with the delivery/recovery of equipment covered under this contract in strict accordance with the current JC standards for Homecare, and document the employee competency. Employee’s records shall include evaluations of performance. The Contractor shall make all employee records available for review by VA personnel during their visit to the Contractor’s facility, and as requested in response to JC surveyors.As a part of the employee’s initial orientation, the Contractor shall provide an orientation on the VA and on the requirements of this contract. Training topics shall cover all aspects of the services provided under this contract, including patient confidentiality and infection control procedures.The Contractor shall provide COR or designee with a list of key employees and all employees currently competent to perform delivery/recovery and patient education services within ten (10) days after contract award, and submit a revised listing within twenty (20) days after any changes are made. The Contractor shall also identify in writing subcontractor personnel in similar employee positions. Key personnel must be given the authority to represent the Contractor in all day-to-day matters. The Contractor shall identify at least one individual who has the authority to fully represent the Contractor in all contract matters.Each employee visiting patient’s homes shall have five (5) unannounced follow-up visits by a supervisor each quarter to assure employee’s accuracy of data entry, patient education, and infection control and equipment maintenance is performed per Contractor policy, and in accordance with JC standards for Homecare. The supervisor must document the results of each follow-up visit, and the results shall be reported on a quarterly basis to the COR or designee as a quality indicator.A high degree of professionalism and understanding must be demonstrated when contact is made by the employees. Contractor’s employees are expected to be discreet and tactful and demonstrate concern, compassion, and patience. Some patients have physical disabilities or chronic illnesses that influence their behavior and lifestyle. Any verbal or physical abuse, or unprofessional behavior or conduct toward a patient and/or caregiver shall not be tolerated.The Contracting Officer reserves the right to request the removal of any employee from performance of services under this contract if any of the following conditions exist:Employee does not meet competency requirements.Employee does not have adequate initial employee orientation and/or on-going education and training.Employee’s behavior and/or level of services provided are not in strict accordance with the requirements of this contract. 5.4 VA BENEFICIARY FOLDER: The Contractor shall maintain a VA beneficiary account folder for each patient in compliance with the Privacy Act and Health Insurance Portability and Accountability Act (HIPAA). All beneficiary files are subject to review by designated VA officials and accreditation surveyors on behalf of the VA facility during accreditation surveys or consultation. As a minimum the VA beneficiary folder shall adhere to current JC standards for Homecare for patient record keeping. Any and all documentation related to the patient record during the duration of this contract is the property of the VA and shall be returned to VA by the Contractor upon the termination, non-renewal or expiration of this contract.5.5 EMERGENCY MANAGEMENT PLAN: Contractor shall provide a written emergency management plan in compliance with JC standards for Homecare. The plan must provide for continued uninterrupted care and support in the event of an emergency resulting in an interruption of service. Contractor shall provide a written emergency management plan in compliance with JC standards for Homecare. The plan must provide for continued uninterrupted care and support in the event of an emergency resulting in an interruption of service. As a minimum, the plan shall address such items as severe weather, power outages, loss of personnel, damage to the Contractor’s site, and loss of communications. The plan shall also address what instructions shall be provided to patients on what to do in a natural disaster or other emergency. A copy of the plan shall be provided to the COR within thirty (30) days after award. At the time of set-up, Contractor shall provide patients with a telephone number to call if there are any questions or if additional information is required, and instructions for what to do in a natural disaster or other emergency.5.6 STANDARD PRECAUTIONS: Standard precautions shall be used to prevent exposure to blood borne diseases when handling all contaminated equipment/items. Gloves shall be worn when handling items soiled with blood and/or body fluids. Hands shall be washed before and after visiting each patient and when gloves are removed. Contaminated equipment shall be separated from clean equipment. The Contractor’s warehouse shall have clear demarcation between contaminated and clean storage areas. Delivery vehicles, if dirty and clean equipment is transported in the same vehicle, shall have a clearly demarcated area for clean and dirty items. Contractor’s procedure for handling the pickup of dirty equipment shall meet JC standards for Homecare.5.7 QUALIFICATION OF CONTRACTOR:The Contractor shall have at least two (2) years of experience in successfully administering basic home oxygen and aerosol therapy to adult and geriatric patients. Offers will be considered only from offerors who are regularly established in the business called for and who, in the judgment of the Contracting Officer, are financially responsible and able to show evidence of their responsibility, ability, experience, equipment, facilities, and personnel directly employed or supervised by them to render prompt and satisfactory service in the volume required for all items under this contract.Contractor shall have on file a current criminal background check for each employee assigned to VA’s contract.5.8 CONTRACTOR’S FACILITY:The Contractor shall maintain service location(s) that is (are) physically located within the geographic area covered by the area of responsibility/jurisdiction that the Contractor shall provide home oxygen services (specifically for performance of emergency service requirements). The Contractor shall have telephone, facsimile, and encrypted e-mail communications capability. The Contractor shall be prepared to provide services on an emergency basis. Contractor shall provide initial setups and emergency service seven (7) days a week, twenty-four (24) hours a day, this includes holidays. Patient discharges requiring initial setups after 7:00 pm shall be completed that same day.5.9 VEHICLES: The vehicles used in the performance of this contract shall be licensed and meet the minimum requirements as mandated by each state/county/city in which performance occurs. 5.10 SAFETY REQUIREMENTS: In the performance of this contract, the Contractor shall take such safety precautions as the Contracting Officer or the COR may determine to be reasonably necessary to protect the lives and health of all persons affected by this contract. The Contracting Officer or COR shall notify the Contractor of any noncompliance with the foregoing provisions and the action to be taken. The Contractor shall, after receipt of such notice, immediately correct the conditions to which attention has been directed. Such notice, when served on the Contractor or his/her representative at the site of the work, shall be deemed sufficient for the purposes aforesaid. If the Contractor fails or refuses to comply promptly, the Contracting Officer shall proceed in accordance with FAR 52.212(m) Termination for Cause. 5.11 INFECTION CONTROL AND COMMUNICABLE DISEASE REQUIREMENTS:Contractor must have a current plan for surveillance, prevention and control of infection. The plan must meet current JC standards for Homecare and Center for Disease and Control (CDC) guidelines. The Contractor shall provide monitoring reports to the COR or designee on a quarterly basis.Contractor shall provide a list of names to the Home Oxygen Coordinator or designee of all patients exposed to communicable diseases by contracted staff during an identified incubation period. The type of exposure shall also be identified. Contractor shall provide a report to the COR or designee that identifies patients who have reported a respiratory infection in past 30 days or since last quarterly visit by the Contractor.The Home Oxygen Coordinator or designee shall consult with VA infection control staff regarding the need to contact exposed patients and/or complete any needed medical follow-up.5.12 CONFORMITY TO REGULATIONS:The Contractor and his/her employees shall conform to all regulations, Federal, State and local, governing the performance of contracted services in each state in which performance occurs. By the signing of this offer, offeror is certifying that he/she shall meet all requirements of Federal, State, and local laws, codes, and/or regulations regarding the operation of this type of service.Some VA facilities have been designated NO SMOKING areas in their entirety. Individuals found in violation of this no smoking policy shall be subject to a $50 federal citation for disregarding posted safety rules and regulations. Furthermore, Contractor shall be directed to stop work. Contractor shall notify all of his/her employees and/or subcontractors of this strict enforcement policy.5.13 MEETINGS:The Contractor shall attend and participate in all quarterly home oxygen committee meetings scheduled by the VA via teleconference with the contracted location. As an example, if the Contractor is awarded both location A (Ann Arbor VAMC) and Location C (VAMC Indianapolis), the Contractor shall be required to participate in all meetings via teleconference scheduled at both VA facilities. At the Government’s request, the Contractor may be required to attend and participate in some meetings face-to-face with the VA facility rather than by teleconference.These meetings shall be conducted at least on a quarterly basis. At the VA’s option, these meetings may be conducted as frequently as on a monthly basis in the following circumstances:The Contractor is JC accredited but not yet JC accredited for the service location that he/she is performing from under the contract.The Contractor’s JC accreditation status changes.If negative trends in the Contractor’s performance are identified by the VA.If the COR or designee determines that more frequent meeting are appropriate because of the needs of the VA facility.6.0 QUALITY/PERFORMANCE IMPROVEMENT:6.1 PERFORMANCE IMPROVEMENT PROGRAM: The Contractor shall develop and maintain a quality management program consistent with the current Joint Commission (JC) standards for Homecare. The program shall include VA patients as part of the Contractor’s overall quality management review (i.e., data must be provided for the Contractor’s entire patient population with stratification of the data for VA patients). The Contractor and COR or designee shall develop specific monitors covering work performance under this contract that relate to JC core measures. These monitors shall be completed within 45 days of contract award. A copy of these monitors shall be maintained by both parties. The plan must include appropriate performance indicators related to JC core measures.6.2 ORGANIZATIONAL PERFORMANCE REPORTS: The Contractor shall provide written reports meeting all JC standards for Homecare for improving organizational performance, including information on special incidents, customer satisfaction, infection control/communicable diseases, and performance improvement (listed below). The report must identify areas for improvement, actions to address those areas, and current status of each area/item. The report shall be submitted to the Contracting Officer and the COR by the report due date identified. (The JC standards may be accessed at ). Data Collection MonthReport Due On Or BeforeJanuary, February, MarchMay 10thApril, May, JuneAugust 10thJuly, August, SeptemberNovember 10th October, November, DecemberFebruary 10thIncident Report – Report special incidents found or occurring during a home visit, to include finding patients in need of emergency medical assistance, safety hazards that do not fall into the category of presenting immediate life-threatening danger to the patient or Contractor’s staff, inability to contact a patient within a reasonable period of time, and any other incident meeting the Contractor’s written policy for incident reporting according to JC accreditation standards for Homecare.Customer Satisfaction – In accordance with JC standards for Homecare the Contractor shall collect data on service satisfaction from contracted patients and their families from each facility on a quarterly basis.Infection Control/Communicable Diseases – report must include data related to the Contractor’s ongoing Infection Control Program, shall include the following items:Number of patients stating past respiratory infection the past-30 days or since last Contractor quarterly visit.Number of deliveries to the patients.Number of patients stating their physician diagnosed a Respiratory infection.Performance Improvement – The Contractor shall collect data on important processes and outcomes related to patient care and organizational functions, including adherence to the Performance Improvement Plan. The Contractor’s report shall include performance expectations, outcomes, and actions related to performance improvement.When the VA contacts the Contractor with complaints or service failures, the Contractor shall provide a written response to include what actions were taken to resolve service failure. Written response shall be provided via encrypted e-mail or facsimile to COR or designee within two (2) business days.6.3 EMERGENT PATIENT SAFETY REPORTS: The Contractor shall provide the following emergent patient safety reports, within five (5) business days of the action throughout the contract period.Sentinel Events – The Contractor is required to inform the COR or designee within one (1) business day of a sentinel event (as defined by JC) that occurs during the performance of this contract that involves a patient. The Contractor shall perform Root Cause Analysis (RCA) and submit a report to the COR or designee within 30 days after submission of the sentinel event notification. This report shall include a plan of correction. The Contractor shall provide status on the plan of correction in required monthly documentation of performance for at least 12 months of implementation of corrective actions.Refusal of Service – All patients have the right to refuse service. In the event a patient refuses service or orders the equipment to be removed from the home, the Contractor shall comply with the patient’s wishes. The Contractor shall report the specifics of the refusal (AMA) to the COR or designee within one (1) business day.Reports of Abuse - The Contractor shall report suspected incidents of abuse or neglect of the patient by family members or caregivers. Suspected incidents shall be reported within one (1) business day to the COR or designee, as well as to the adult protective agency. The Contractor shall follow all state and local laws in reporting suspected incidents of abuse or neglect.6.4 SUMMARY REPORT OF SERVICES RENDERED: The Contractor shall submit a summary report of services rendered with each monthly submission of an invoice. The report submission, which shall consist of a spreadsheet that includes the data identified below, shall consist of a printed report and the report provided on electronic media (DVD or CD), to include the following:Number of new patient set-up. List and activation date.Number of plan of care changes. Patient list and date of change.Number of discontinued prescriptions. Patient list, date and reason for discontinuation; prescription duration expired, discontinued by clinical order or patient death.Total number of service deliveries, number of unique patient visited, number of patients not visited in 30 days, <=60 days, <=90 days. Number of patients on travel of extended stay outside of jurisdiction.Number of patients unable to be located. Number of attempts to locate patient. Provide list and date of last recorded visit.Number of unannounced follow-up visits by the Contractor to the patient’s home following Contractor delivery staff service visits to verify employee compliance with service delivery expectations, infection control policy and veracity of data entry.List of all patients with oxygen concentrators in use for at least 20 days, detailing hours of use since last visit. Provide actual hours of use and daily average. Note exception when concentrator is exchanged.Outcome of performance improvement efforts.List of all home oxygen patients requiring recurring patient education for non-compliance with plan of care (i.e., safety, non-smoking signs, oxygen liter flow found in excess of prescribed level, patients who have a history of smoking with oxygen).List of expiring oxygen prescriptions within 30 days, and another list expiring within 90 days.7.0 SPECIAL CONTRACT REQUIREMENTS:7.1 CONTRACT ADMINISTRATION DATA: The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract. Only the Contracting Officer is authorized to make commitments or issue changes which shall affect price, quantity, or quality of performance of this contract. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment shall be made in the contract price to cover any increase in costs incurred as a result thereof.7.2 JC, VETERANS HEALTH ADMINISTRATION (VHA), AND OTHER STANDARDS: The Contractor shall perform the required work in accordance with JC standards for Homecare. The Contractor shall comply with all annual updates as issued. The Contractor shall meet all Federal, State, and local fire and life safety codes. Contractor agrees to meet or exceed JC, VHA and all other applicable federal state or local standards of service, reporting systems and quality control as specified herein. Failure to comply with the specified terms and conditions and/or adverse reports from external monitoring agencies that indicate poor quality of care may be grounds for termination of the contract. Immediate (within 24 hours) notification must be given to the COR regarding adverse action by a regulatory agency. The services specified in the Schedule of Supplies/Services may be changed by written modification to this contract with mutual written consent of both parties, providing the change is within the scope of the contract. Contracting Officer shall prepare the modification. The Contractor shall furnish the home oxygen specified in this contract when authorized by the COR or designee.7.3 PERSONNEL POLICY: The Contractor shall assume full responsibility for the protection of its personnel furnishing services under this contract, in accordance with the personnel policy of the Contractor, such as providing worker’s compensation, professional liability insurance, health examinations, income tax withholding, and social security payments. The parties agree that the Contractor, its employees, agents, and subcontractors shall not be considered VA employees for any purpose.7.4 POLICIES AND PROCEDURES: VA Medical Center Memorandums pertaining to home oxygen shall be provided to contractor upon award. The Contractor shall conform to all items addressed in the VA Medical Memorandums pertaining to delivery of home oxygen. 7.5 WORK HOURS: This contract is a full-service contract, 24 hours a day, seven (7) days a week, including holidays, including all emergency service calls. Contract prices are all-inclusive. The Contractor shall not be reimbursed for costs incurred in excess of the contract prices in the Schedule of Supplies/Services for services provided in accordance with the Schedule of Supplies/Services7.6 FAILURE TO RESPOND: Failure of the contractor to respond to intervening service calls (i.e. oxygen concentrator failure) within four (4) hours after notification by the VA and/or patient shall result in a reduction in payment equal to the contract unit price for the specific machine for each day that the machine is inoperable. 7.7 PAYMENTS AND INVOICING: VA shall review the invoice against its record. VA shall notify the Contractor of invoice discrepancies. Upon the resolution of the discrepancies, VA shall approve the invoice and make payment to the Contractor. It shall be considered fraudulent for the Contractor to bill other third party insurance sources for services rendered to patient enrollees under this contract. Invoice shall be paid within thirty (30) days upon final acceptance by the Government. A summary spreadsheet listing all patients with total amount billed per patient (one line item per patient, i.e: name, last four of social security number, type of system, amount billed) for the billing period. A detailed billing report to show all items (monthly rentals and individual tanks/supplies) per patient for the billing period.7.8 TRANSITION PERIOD: At the end of the contract period a transition period shall be required during which incumbent Contractor shall continue to provide Home Oxygen services at the existing contract prices while the incoming Contractor is transitioning over. a. PHASE IN: The incoming Contractor shall replace all appropriate VA authorized (incumbent Contractor-owned) equipment presently located in residences of beneficiaries with the incoming Contractor’s equipment as soon as possible after award, but not to exceed ninety (90) days from date of contract award. Incoming Contractor shall coordinate with the incumbent contractor during the transition period relating to the removal of the incumbent Contractor’s equipment from the Patient residences. The change shall include delivery, setup, and instruction as further specified herein, and shall be accomplished without disruption in ALL ENCOMPASSING services to the veteran or the VA. Transition date of each beneficiary shall be noted, to include the transfer of responsibility regarding Government Furnished Equipment (if applicable). The billing period shall begin on the noted transition date. Payments shall be assessed based on the providers established rate and prorated from setup date. Prorated monthly rates are based on a 30-day month.b. PHASE OUT: In accordance with FAR 52.237-3 Continuity of Services, the Contractor realizes that the services being provided under this contract are vital and must be continued uninterrupted. The outgoing Contractor shall not remove any equipment from the beneficiary’s residence until replacement equipment has been installed. The outgoing Contractor shall coordinate transition of equipment / services with the incoming Contractor as soon as possible, but not to exceed ninety (90) days from date of contract expiration. If additional transition time is required beyond contract expiration, the contractor shall be paid on a pro-rated basis at the prices established for the last period of performance. Prorated monthly rates are based on a 30-day month.7.9 REPRESENTATIVE OF CONTRACTING OFFICER: The Contracting Officer reserves the right to designate a representative to act for him/her in furnishing technical guidance and advice or generally supervise the work to be performed under this contract. Such designation shall be in writing and shall define the scope and limitations of the designee’s authority. A copy of the designation shall be furnished to the Contractor after notice of award.7.10 JOINT COMMISSION (JC) REQUIREMENTS: The Contractor shall be in continuous compliance with all applicable standards of the Joint Commission on Accreditation of Healthcare Organizations (JC) based on the most current edition of JC’s accreditation manual for home care. The Contractor shall meet or exceed all JC standards for all services provided herein for the duration of the contract, regardless of the service location that the Contractor provides home oxygen services. These compliance requirements also apply to all subcontractors. The Contractor shall monitor subcontractor compliance with all JC standards.JC Survey Activities. As a part of its survey of a VA facility, JC may evaluate contracted services. The Contractor, and all subcontractors, shall fully cooperate with the VA and support all JC survey activities. All documentation maintained by the Contractor as a part of this contract is subject to review by a JC surveyor, or by VA personnel and/or a JC consultant hired by the VA. The Contractor may be required to assist the VA with their presence during the JC survey at the VA facility. When requested by the VA, the Contractor shall participate in meetings and/or conference calls related to JC activities.7.11 FEDERAL PRIVACY AND CONFIDENTIALITY STATUTES:The Contractor shall comply with the requirements of all Federal Privacy and Confidentiality Statutes. The Contractor shall be given patient information that may include patient’s name, place of residence address, telephone number, and social security number. Patient information is confidential and is protected under the Privacy Act of 1974, and the Healthcare Insurance and Portability and Accountability Act of 1996 (HIPAA). See FAR 52.224-1 and 52.224-2. Any individual making unauthorized disclosure may be criminally liable for violations under the Acts. The Contractor shall not use or further disclose patient information in a manner than would violate the Federal privacy and confidentiality statutes. Confidentiality, security and integrity of data shall be maintained at all times.Each of Contractor’s employees providing services under this contract shall complete the VHA privacy training, which can be accessed at: . Upon completion of the training, the Contractor shall furnish the certificate of training issued for each contract employee to the Contracting Officer as evidence that the training was completed. The training shall be completed and certificate provided within fifteen (15) days after the Contractor’s employee has begun providing services under the contract.7.12 SERVICES PROVIDED BY SUBCONTRACTORS: Subcontractors are required to fully adhere to all requirements of this contract, including the requirements of paragraph 42, JC Requirements for Homecare. The Contractor shall be responsible for the acts and omissions of his/her subcontractor(s). The Contractor shall provide the name and location of all subcontractors that may be used under the contract, and indicate the extent they may be used on a regular basis to both the Contracting Officer's Representative (COR) and the Contracting Officer. The Contractor shall provide detailed information on subcontractors to include firm information and information on its employees, facilities and vehicle. When the contactor confirms receipt of a request for home oxygen from a COR or designee, the Contractor shall tell the COR or designee if the services shall be provided by a subcontractor. The Contractor shall maintain a log of all home oxygen provided by subcontractors, which shall include pertinent information such as date that VA requested services, patient’s name, location of patient’s place of residence, and name of the Contractor that provided the services. The Contractor shall make this log available for the VA’s review at any time during this contract upon request by the COR (or designee) or the Contracting Officer.7.13 COMMUNICATION WITH CONTRACTORThe Contractor shall maintain encrypted email capabilities for the purpose of information exchange that includes patient sensitive information. Encryption capabilities shall be compatible with VA Medical Center software.7.16 Standards and Guidelines ReferenceAmerican Association for Respiratory Care ()American Society for Testing Materials (ASTM) minimum standards specification for electrically powered home care portable ventilators ()Joint Commission Standard for Home Care, current year standard. ()Appropriate state board for licensed professionals.The American Respiratory Care Foundations for Respiratory Equipment Used in the Home.VHA Handbook 1173.13 Home Respiratory Care Program ( QUALITY ASSURANCE SURVEILLANCE PLANFor: Home Oxygen Service, Birmingham ALContract Number: <Upon award, Government will enter contract number>Contract Description: The purpose of this QASP is to monitor the performance of the Home Oxygen Service for the Birmingham AL VAMC.Contractor’s Name: <Upon award, Government will enter contractor’s name>1. PURPOSEThis QASP provides a systemic method to evaluate performance for the stated Blanket Purchase Agreement. This QASP explains the following: ●What will be monitored ●How monitoring will take place ●Who will conduct the monitoring ●How monitoring efforts and results will be documented.This QASP does not detail how the contractor accomplishes the work. Rather, the QASP is created with the premise that the contractor is responsible for management and quality control actions to meet the term of the contract. It is the Government’s responsibility to be objective, fair, and consistent in evaluating performance. This QASP is a “living document” and the Government may review and revise it on a regular basis. However, the Government shall coordinate changes with the contractor. Copies of the original QASP and revisions shall be provided to the contractor and Government officials implementing surveillance activities.2. GOVERNMENT ROLES AND RESPONSIBILITIESThe following personnel shall oversee and coordinate surveillance activities.a. Contracting Officer (CO) – The CO shall ensure performance of all necessary actions for effective contracting, ensure compliance with the terms of the blanket purchase agreement, and safeguards the interests of the United States in the agreement relationship. The CO shall also assure that the contractor receives impartial, fair, and equitable treatment under this agreement. The CO is ultimately responsible for final determination of the adequacy of the contractor’s performance.●Assigned Contracting Officer: R. Anthony Stephens (404) 728-7659●Assigned Contract Specialist: Kevin Warren, (706) 733-0188, x1128Organization or Agency: Department of Veterans Affairs, Network Contracting Officer (NCO 7)b. Contracting Officer’s Representative (COR) – The COR is responsible for technical administration of the BPA and shall assure proper Government surveillance of the contractor’s performance. The COTR shall keep a quality assurance file. The COR is not empowered to make any contractual commitments or to authorize any contractual changes on the Government’s behalf.●Assigned COR: Isaac W. Jones, (205) 933-8101, ext. 7971c. Other Key Government Personnel: 3. CONTRACTOR REPRESENTATIVESThe following employees of the contractor serve as the contractor’s program manager for this contract. ●Program Manager – ●Other Contract Personnel4. PERFORMANCE STANDARDSPerformance Standards define minimum performance standards for services. The Government performs surveillance to determine if the contractor exceeds, meets or does not meet these standards. Paragraph B.3.36.1 in the State of Work includes performance standards. The Government shall use these standards to determine the performance and shall compare contractor performance to the Acceptable Quality Level (AQL).Service Requirement Performance StandardAcceptable Quality LevelMethod of SurveillanceIncentives (Positive and/or Negative) (Impact on Contractor Payments)Paragraph B.4.8.1Ordering and NotificationContractor confirms receipt of the physician’s prescription within 2 hours of receipt of notification via PKI encrypted e-mail to the authorized individual listed on Attachment 5.100%COR’s Maintenance Log/Customer Complaint 5% reduction in payment if AQL is not met.Paragraph B.4.8.2(a)Notification to VA Regarding Status of Delivery of Home Oxygen Servicea. Contractor notifies the authorized individual that placed the order by e-mail within 2 days of delivery. Delivery ticket signed and dated by patient.100%COR’s Maintenance LogCustomer Complaint1% reduction in payment if AQL is not met.B.4.8.2(b)Notification to VA Regarding Status of Delivery of Home Oxygen Serviceb. Contractor notifies the authorized individual that placed the order by PKI encrypted e-mail within one (1) working day if expected delivery of medical equipment was not complete and reason why included.100%COR’s Maintenance LogCustomer Complaint5% reduction in payment if AQL is not met.B.4.8.2(c)Notification to VA Regarding Status of Delivery of Home Oxygen Servicec. Contractor notifies authorized individual that placed the order by PKI encrypted e-mail within one (1) day of patient’s refusal of delivery of medical equipment and/or signs the Contractor’s Against Medical Advice (AMA) form. Copy of signed form by patient included with notification.100%COR’s Maintenance Log5% reduction in payment if AQL is not met.Service Requirement Performance StandardAcceptable Quality LevelMethod of SurveillanceIncentives (Positive and/or Negative) (Impact on Contractor PaymentsParagraph B.4.8.3Employee Identification and Delivery of Medical EquipmentPrior to entering a veteran’s place of residence, contractor employee presented photo identification to the veteran/caregiver and verbally identified themselves. Badge included the company name, employee’s name, and employee’s picture.100%Customer Complaint/Random Site Visit5% reduction in payment if AQL is not met.Paragraph B.4.10.3Patient Education RequirementsContractor provided education for the use of equipment and fire safety to each patient at the time of set-up. Information presented verbally, in demonstration and material covered was left with patient/care giver. Contractor provided patient with a copy of VA Patients’ Rights and Responsibilities.100%Customer Complaint/Random Site Visit.5% reduction in payment if AQL is not met.Paragraph B.4.10.5Emergency ServiceEmergency services provided within 4 hours of request.100%Customer Complaint /COR Maintenance Log5% reduction in payment if AQL is not met.Paragraph B.4.11.0 SignageSigns provided at patient’s residence.100%Customer Complaint/Random Site Visit.5% reduction in payment if AQL is not met.Paragraph B.4.13.1 Equipment MaintenanceContractor visits patients to reassess equipment compliance, educational needs, and to perform an environmental survey once every 30 days. Written report includes the minimum data stipulated in the contract.100%Customer Complaint/Random Site Visit.5% reduction in payment if AQL is not met.Paragraph B.4.13.2Equipment and ServicesContractor provided patient with items as stipulated in paragraph B.4.13.2.100%Customer Complaint/CDR/Random Site Visit.5% reduction in payment if AQL is not met.Paragraph B.4.27.2 Performance Organizational ReportTimely submission of reports by dates stipulated in paragraph B.4.27.2.100%COR’s Maintenance Log5% reduction in payment if AQL is not met.5. INCENTIVESThe Government shall use payment deductions as incentives for Contractors’ to maintain acceptable performance levels. Incentives shall be based on meeting, or not meeting performance standards.6. METHODS OF QA SURVEILLANCEVarious methods exist to monitor performance. a. Random Site Visitsb. Validated User/Customer Compliantc. Maintenance Log7. RATINGSMetrics and methods are designed to determine if performance exceeds, meets, or does not meet a given standard and acceptable quality level. A rating scale shall be used to determine a positive, neutral, or negative outcome. The following ratings shall be used:See above Acceptable Quality Level and Method of Surveillance located in QASP8. DOCUMENTING PERFORMANCEa. ACCEPTABLE PERFORMANCEThe Government shall document positive OR NEGATIVE performance. Any report shall become a part of the supporting documentation for any contractual action.b. UNACCEPTABLE PERFORMANCE When unacceptable performance occurs, the COR shall work with the Contracting Officer (CO), and inform the contractor. This will normally be in writing unless circumstances necessitate verbal communication. In any case, the COR shall document the discussion and place it in the COR’s file. In order to assure that contractor receives impartial, fair, and equitable treatment under this agreement, the COTR will work with the contractor to increase performance to an acceptable level.When the COR and CO determines formal written communication is required, the COR and CO shall prepare a Contract Discrepancy Report (CDR) and present it to the contractor’s program manager.The contractor shall acknowledge receipt of the CDR in writing. The CDR will specify if the contractor is required to prepare a corrective action plan to document how the contractor shall correct the unacceptable performance and avoid a recurrence. The CDR will also state how long after receipt the contractor has to present this corrective action plan to the COR. The Government shall review the contractor’s corrective plan to determine acceptability.Any CDRs may become a part of the supporting documentation for any contractual action deemed necessary by the CO.9. FREQUENCY OF MEASUREMENTa. Frequency of Measurement. During contract performance, the COR will periodically analyze whether the negotiated frequency of surveillance is appropriate for the work being performed.b. Frequency of Performance Assessment Meetings. The COR shall meet with the contractor on a monthly basis to assess performance and shall provide a written assessment._______________________________________________________________________Signature – Contractor Program Manager ________________________________________________________________________Signature – Contracting Officer RepresentativeB.4 PRICE/COST SCHEDULEITEM INFORMATIONITEM NUMBERDESCRIPTION OF SUPPLIES/SERVICESQUANTITYUNITUNIT PRICEAMOUNT0001A0001 (a) Rental concentrator with backup system consisting of compressed gas source, regulator, stand, (nasal cannula or mask and humidifier when specified, and Oxygen Thermal Fuse). Concentrator will have flow rate capacity up to 5LPM. E1390Base Year:Period of Performance: Date of Award - 30 September 2016300.00EA____________________________________0002A0001 (b) Rental concentrator with backup system consisting of compressed gas source, regulator, stand (nasal cannula or mask and humidifier when specified, and Oxygen Thermal Fuse. Concentrator must have flow rate capacity up to 10 LPM. E1390.Base Year:Period of Performance: Date of Award - 30 September 2016240.00EA____________________________________0003A0001 (c) Rental concentrator with portable gaseous oxygen system, home compressor used to fill portable oxygen E cylinders - (5) self-fillingtype oxygen cylinders, integrated oxygen conserving device, regulator, flow meter, humidifier, cannula or mask, tubing, cylinder carrier, and Oxygen Thermal Fuse, including back-up system consisting of compressed gas source . Concentrator will have flow rate capacity up to 5 LPM. E1390Base Year:Period of Performance: Date of Award - 30 September 20169,480.00EA____________________________________0004A0001(d) Rental concentrator with portable gaseous oxygen system, home compressor used to fill portable oxygen E cylinders - (5) self-fillingtype oxygen cylinders, integrated oxygen conserving device, regulator, flow meter, humidifier, cannula or mask, tubing, cylinder carrier, and Oxygen Thermal Fuse, including back-up system consisting of compressed gas source . Concentrator will have flow rate capacity up to 10 LPM. E1390Base Year:Period of Performance: Date of Award - 30 September 2016120.00EA____________________________________0005A0002 Cylinder, size M or H set-up consisting of regulator, flow meter, safety stand, humidifier and disposable supplies (emergency backup system or as primary)Base Year:Period of Performance: Date of Award - 30 September 2016120.00EA____________________________________0006A0003 Cylinder, size M or H refill (Backup or Primary) E0443Base Year:Period of Performance: Date of Award - 30 September 201660.00EA____________________________________0007A0004 Portable system ONLY: Prescription does not include concentrator: Consists of "E", "D", "B" (M6), or "C" (M9) sizealuminum (or equivalent weight metal) cyinder with regulator, flow meter, handcart, pouch and disposable supplies.Base Year:Period of Performance: Date of Award - 30 September 201610,080.00EA____________________________________0008A0005 Cylinder, size "E" refill for Item A0004 above. Aluminum (or metal of equivalent weight or less) tanks required E0443Base Year:Period of Performance: Date of Award - 30 September 20165,040.00EA____________________________________0009A0006 Cylinder, size "D" (M15) refill for Item A0004 above. Aluminum (or metal of equivalent weight or less) tanks required E0443 Base Year:Period of Performance: Date of Award - 30 September 20165,040.00EA____________________________________0010A0007 Cylinder, size "B" (M6) refill for Item A0004 above. Aluminum (or metal of equivalent weight or less) tanks required E0443Base Year:Period of Performance: Date of Award - 30 September 201660.00EA____________________________________0011A0008 Rental - Cylinder, size "C" refill for Item A0004 above. Aluminum (or metal of equivalent weight) tanks required. Billing Code: HCPC E0443Base Year:Period of Performance: Date of Award - 30 September 201612.00EA____________________________________0012A0009 Rental - Demand Plus Conserver Device; no less than a 5:1 ratio or 60 ML/pulse. Billing Code: VA111Base Year:Period of Performance: Date of Award - 30 September 20162,400.00EA____________________________________0013A0010 Rental liquid oxygen system (90-100 lbs) stationary reservoir per patient. E0439; and Rental portable liquid oxygensystem per patient E0434Base Year:Period of Performance: Date of Award - 30 September 2016600.00EA____________________________________0014A0011 Liquid oxygen per pound for portable liquid oxygen system under Item A0011 E0444.Base Year:Period of Performance: Date of Award - 30 September 2016108,000.00LB____________________________________0015A0012 Delivery for re-supply and/or relocation of equipment due to change in patient's residence.Base Year:Period of Performance: Date of Award - 30 September 201624.00EA____________________________________0016A0013 Rental - Concentrator, oxygen, portable.Billing Code: HCPC E1392Base Year:Period of Performance: Date of Award - 30 September 201660.00EA____________________________________0017A0014 Rental - Compressor, air, 50 psi.Billing Code: HCPC E0565Base Year:Period of Performance: Date of Award - 30 September 2016180.00EA____________________________________0018A0015 Rental - Ventilator, negative pressure; portable or stationary.Billing Code: HCPC E0460.Base Year:Period of Performance: Date of Award - 30 September 201612.00EA____________________________________0019A0016 Rental - Ventilator, pressure support, with volume and pressure control modes.Billing Code: HCPC E0463.Base Year:Period of Performance: Date of Award - 30 September 201612.00EA____________________________________0020A0017 Purchase - Oxygen Thermal Fuse (Fire Safe Cannula) to isolate oxygen supply in case of fire. Billing Code: VA186.Base Year:Period of Performance: Date of Award - 30 September 2016120.00EA____________________________________0101A0001(a) Rental - Concentrator with backup system consisting of compressed gas source, regulator, stand, (nasal cannula or mask and humidifier when specified, and Oxygen Thermal Fuse). Concentrator will have flow rate capacity up 5 LPM. Billing Code: HCPC E1390Contract Period: Option 1POP Begin: 10-01-2016POP End: 09-30-2017324.00EA____________________________________0102A0001(b) Rental - Concentrator with backup system consisting of compressed gas source, regulator, stand, (nasal cannula or mask, and humidifier when specified, and Oxygen Thermal Fuse). Concentrator must have flow rate capacity up to 10 LPM. Billing Code: HCPC E1390Contract Period: Option 1POP Begin: 10-01-2016POP End: 09-30-2017264.00EA____________________________________0103A0001(c) Rental concentrator with portable gaseous oxygen system, home compressor used to fill portable oxygen E cylinders - (5) self-fillingtype oxygen cylinders, integrated oxygen conserving device, regulator, flow meter, humidifier, cannula or mask, tubing, cylinder carrier, and Oxygen Thermal Fuse, including back-up system consisting of compressed gas source . Concentrator will have flow rate capacity up to 5 LPM. E1390Contract Period: Option 1POP Begin: 10-01-2016POP End: 09-30-20179,600.00EA____________________________________0104A0001(d) Rental concentrator with portable gaseous oxygen system, home compressor used to fill portable oxygen E cylinders - (5) self-fillingtype oxygen cylinders, integrated oxygen conserving device, regulator, flow meter, humidifier, cannula or mask, tubing, cylinder carrier, and Oxygen Thermal Fuse, including back-up system consisting of compressed gas source . Concentrator will have flow rate capacity up to 10 LPM. E1390Contract Period: Option 1POP Begin: 10-01-2016POP End: 09-30-2017132.00EA____________________________________0105A0002 Rental - Cylinder, Size M or H set-up consisting of regulator, flow meter, safety stand, humidifier and disposable supplies (emergency backup system or as primary). Billing Code: HCPC E0424Contract Period: Option 1POP Begin: 10-01-2016POP End: 09-30-2017120.00EA____________________________________0106A0003 Rental - Cylinder, size M or H refill (Backup/Primary). Billing Code: HCPC E0443 Contract Period: Option 1POP Begin: 10-01-2016POP End: 09-30-201760.00EA____________________________________0107A0004 Rental - Portable system ONLY. Prescription does not include concentrator, consists of "E", "D", "B" (M6), or "C" (M9) size, aluminum (or equivalent weight metal) cylinder with regulator, flow meter, handcart, pouch and disposable supplies. Billing Code: HCPC E1355Contract Period: Option 1POP Begin: 10-01-2016POP End: 09-30-201710,080.00EA____________________________________0108A0005 Rental - Cylinder, size "E" refill for Item A0004 above; Aluminum (or metal equivalent weight or less) tanks required. Billing Code: HCPC E0443Contract Period: Option 1POP Begin: 10-01-2016POP End: 09-30-20175,040.00EA____________________________________0109A0006 Rental - Cylinder, size "D" (M15) refill for item A0004 above. Aluminum (or metal of equivalent weight or less) tanks required. Billing Code: HCPC E0443Contract Period: Option 1POP Begin: 10-01-2016POP End: 09-30-20175,040.00EA____________________________________0110A0007 Rental - Cylinder, size "B" (M6) refill for item A0004 above. Aluminum (or metal of equivalent weight or less) tanks required. Billing Code: HCPC E0443Contract Period: Option 1POP Begin: 10-01-2016POP End: 09-30-201760.00EA____________________________________0111A0008 Rental - Cylinder, size "C" refill for A0004 above. Aluminum (or metal of equivalent weight) tanks required. Billing Code: HCPC E0443.Contract Period: Option 1POP Begin: 10-01-2016POP End: 09-30-201724.00EA____________________________________0112A0009 Rental - Demand Plus Conserver Device; no less than a 5:1 ratio or 60 ML/pulse. Billing Code: VA111Contract Period: Option 1POP Begin: 10-01-2016POP End: 09-30-20172,640.00EA____________________________________0113A0010 Rental - Liquid oxygen system (90-100 lbs) stationary reservoir per patient, Billing Code: HCPC E0439; and Rental - Portable liquid oxygen system per patient, Billing Code: HCPC E0434.Contract Period: Option 1POP Begin: 10-01-2016POP End: 09-30-2017660.00EA____________________________________0114A0011 Purchase - Liquid oxygen per pound for portable liquid oxygen system under Item A0010. Billing Code: HCPC E0444Contract Period: Option 1POP Begin: 10-01-2016POP End: 09-30-2017118,800.00LB____________________________________0115A0012 Delivery for re-supply and/or relocation of equipment due to change in patient's residence. Billing Code: A9901.Contract Period: Option 1POP Begin: 10-01-2016POP End: 09-30-201736.00EA____________________________________0116A0013 Rental - Concentrator, oxygen, portable. Billing Code: HCPC E1392Contract Period: Option 1POP Begin: 10-01-2016POP End: 09-30-201760.00EA____________________________________0117A0014 Rental - Compressor, air, 50 psi. Billing Code: HCPC E0565Contract Period: Option 1POP Begin: 10-01-2016POP End: 09-30-2017204.00EA____________________________________0118A0015 Rental - Ventilator, negative pressure; portable or stationary. Billing Code: HCPC E0460.Contract Period: Option 1POP Begin: 10-01-2016POP End: 09-30-201712.00EA____________________________________0119A0016 Rental - Ventilator, pressure support; with volume and pressure control modes. Billing Code: HCPC E0463.Contract Period: Option 1POP Begin: 10-01-2016POP End: 09-30-201712.00EA____________________________________0120A0017 Purchase - Oxygen Thermal Fuse (Fire Safe Cannula) to isolate oxygen supply in case of fire.Billing Code: VA186.Contract Period: Option 1POP Begin: 10-01-2016POP End: 09-30-2017120.00EA____________________________________0201A0001 (a) Rental concentrator with backup system consisting of compressed gas source, regulator, stand, (nasal cannula or mask and humidifier when specified, and Oxygen Thermal Fuse). Concentrator will have flow rate capacity up to 5LPM. E1390Contract Period: Option 2POP Begin: 10-01-2017POP End: 09-30-2018360.00EA____________________________________0202A0001 (b) Rental concentrator with backup system consisting of compressed gas source, regulator, stand (nasal cannula or mask and humidifier when specified, and Oxygen Thermal Fuse.Concentrator must have flow rate capacity up to 10 LPM. E1390.Contract Period: Option 2POP Begin: 10-01-2017POP End: 09-30-2018300.00EA____________________________________0203A0001(c) Rental concentrator with portable gaseous oxygen system, home compressor used to fill portable oxygen E cylinders - (5) self-filling type oxygen cylinders, integrated oxygen conserving device, regulator, flow meter, humidifier, cannula or mask, tubing, cylinder carrier, and Oxygen Thermal Fuse, including back-up system consisting of compressed gas source . Concentrator will have flow rate capacity up to 5 LPM. E1390Contract Period: Option 2POP Begin: 10-01-2017POP End: 09-30-20189,720.00EA____________________________________0204A0001(d) Rental concentrator with portable gaseous oxygen system, home compressor used to fill portable oxygen E cylinders - (5) self-fillingtype oxygen cylinders, integrated oxygen conserving device, regulator, flow meter, humidifier, cannula or mask, tubing, cylinder carrier, and Oxygen Thermal Fuse, including back-up system consisting of compressed gas source . Concentrator will have flow rate capacity up to 10 LPM. E1390Contract Period: Option 2POP Begin: 10-01-2017POP End: 09-30-2018156.00EA____________________________________0205A0002 Cylinder, size M or H set-up consisting of regulator, flow meter, safety stand, humidifier and disposable supplies(emergency backup system or as primary)Contract Period: Option 2POP Begin: 10-01-2017POP End: 09-30-2018120.00EA____________________________________0206A0003 Rental - Cylinder, size M or H refill (Backup/Primary). Billing Code: HCPC E0443. Contract Period: Option 2POP Begin: 10-01-2017POP End: 09-30-201860.00EA____________________________________0207A0004 Rental - Portable System ONLY. Prescription does not include concentrator, consists of "E", "D", "B" (M6), or "C" (M9) size, aluminum (or equivalent weight metal) cylinder with regulator, flow meter, handcart, pouch and disposable supplies. Billing Code: HCPC E1355.Contract Period: Option 2POP Begin: 10-01-2017POP End: 09-30-201810,080.00EA____________________________________0208A0005 Rental - Cylinder, size "E" refill for Item A0004 above; Aluminum (or metal equivalent weight or less) tanks required. Billing Code: HCPC E0443Contract Period: Option 2POP Begin: 10-01-2017POP End: 09-30-20185,040.00EA____________________________________0209A0006 Rental - Cylinder, size "D" (M15) refill for item A0004 above. Aluminum (or metal of equivalent weight or less) tanks required. Billing Code: HCPC E0443.Contract Period: Option 2POP Begin: 10-01-2017POP End: 09-30-20185,040.00EA____________________________________0210A0007 Rental - Cylinder, size "B" (M6) refill for item A0004 above. Aluminum (or metal of equivalent weight or less) tanks required.Billing Code: HCPC E0443.Contract Period: Option 2POP Begin: 10-01-2017POP End: 09-30-201860.00EA____________________________________0211A0008 Rental - Cylinder, size "C" refill for Item A0004 above. Aluminum (or metal of equivalent weight) tanks required. Billing Code: HCPC E0443.Contract Period: Option 2POP Begin: 10-01-2017POP End: 09-30-201836.00EA____________________________________0212A0009 Rental -Demand Plus Conserver Device; no less than a 5:1 ratio or 60 ML/pulse.Billing Code: VA111.Contract Period: Option 2POP Begin: 10-01-2017POP End: 09-30-20182,904.00EA____________________________________0213A0010 Rental - Liquid oxygen system (90-100 lbs) stationary reservoir per patient. Billing Code: HCPC E0439Contract Period: Option 2POP Begin: 10-01-2017POP End: 09-30-2018732.00EA____________________________________0214A0011 Purchase - Liquid oxygen per pound for portable liquid oxygen system under Item A0010. Billing Code HCPC E0444.Contract Period: Option 2POP Begin: 10-01-2017POP End: 09-30-2018130,680.00LB____________________________________0215A0012 Delivery for re-supply and/or relocation of equipment due to change in patient's residence. Billing Code: A9901.Contract Period: Option 2POP Begin: 10-01-2017POP End: 09-30-201836.00EA____________________________________0216A0013 Rental - Concentrator, oxygen, portable.Billing Code: HCPC E1392Contract Period: Option 2POP Begin: 10-01-2017POP End: 09-30-201860.00EA____________________________________0217A0014 Rental - Compressor, air, 50 psi.Billing Code: HCPC E0565Contract Period: Option 2POP Begin: 10-01-2017POP End: 09-30-2018240.00EA____________________________________0218A0015 Rental - Ventilator, negative pressure; portable or stationary.Billing Code: HCPC E0460.Contract Period: Option 2POP Begin: 10-01-2017POP End: 09-30-201812.00EA____________________________________0219A0016 Rental - Ventilator, pressure support with volume and pressure control modes.Billing Code: HCPC E0463.Contract Period: Option 2POP Begin: 10-01-2017POP End: 09-30-201812.00EA____________________________________0220A0017 Purchase - Oxygen Thermal Fuse (Fire Safe Cannula) to isolate oxygen supply in case of fire. Billing Code: VA186.Contract Period: Option 2POP Begin: 10-01-2017POP End: 09-30-2018120.00EA____________________________________0301A0001 (a) Rental concentrator with backup system consisting of compressed gas source, regulator, stand, (nasal cannula or mask and humidifier when specified, and Oxygen Thermal Fuse). Concentrator will have flow rate capacity up to 5LPM. E1390Contract Period: Option 3POP Begin: 10-01-2018POP End: 09-30-2019396.00EA____________________________________0302A0001 (b) Rental concentrator with backup system consisting of compressed gas source, regulator, stand (nasal cannula or mask and humidifier when specified, and Oxygen Thermal Fuse.Concentrator must have flow rate capacity up to 10 LPM. E1390.Contract Period: Option 3POP Begin: 10-01-2018POP End: 09-30-2019360.00EA____________________________________0303A0001(c) Rental concentrator with portable gaseous oxygen system, home compressor used to fill portable oxygen E cylinders - (5) self-filling type oxygen cylinders, integrated oxygen conserving device, regulator, flow meter, humidifier, cannula or mask, tubing, cylinder carrier, and Oxygen Thermal Fuse, including back-up system consisting of compressed gas source . Concentrator will have flow rate capacity up to 5 LPM. E1390Contract Period: Option 3POP Begin: 10-01-2018POP End: 09-30-20199,840.00EA____________________________________0304A0001(d) Rental concentrator with portable gaseous oxygen system, home compressor used to fill portable oxygen E cylinders - (5) self-fillingtype oxygen cylinders, integrated oxygen conserving device, regulator, flow meter, humidifier, cannula or mask, tubing, cylinder carrier, and Oxygen Thermal Fuse, including back-up system consisting of compressed gas source . Concentrator will have flow rate capacity up to 10 LPM. E1390Contract Period: Option 3POP Begin: 10-01-2018POP End: 09-30-2019180.00EA____________________________________0305A0002 Rental - Cylinder, Size M or H, set-up consisting of regulator, flow meter, safety stand, humidifier and disposable supplies (emergency backup system or as primary). Billing Code: HCPC E0424.Contract Period: Option 3POP Begin: 10-01-2018POP End: 09-30-2019120.00EA____________________________________0306A0003 Rental - Cylinder, size M or H refill (Backup/Primary). Billing Code: HCPC E0443 Contract Period: Option 3POP Begin: 10-01-2018POP End: 09-30-201960.00EA____________________________________0307A0004 Rental - Portable System ONLY. Prescription does not include concentrator: Consists of "E", "D", "B" (M6), or "C" (M9) size, aluminum (or equivalent weight metal) cylinder with regulator, flow meter, handcart, pouch and disposable supplies. Billing Code: HCPC E1355Contract Period: Option 3POP Begin: 10-01-2018POP End: 09-30-201910,080.00EA____________________________________0308A0005 Rental - Cylinder, size "E" refill for Item A0004 above. Aluminum (or metal equivalent weight or less) tanks required. Billing Code: HCPC E0443Contract Period: Option 3POP Begin: 10-01-2018POP End: 09-30-20195,040.00EA____________________________________0309A0006 Rental - Cylinder, size "D" (M15) refill for item A0004 above. Aluminum (or metal of equivalent weight or less) tanks required. Billing Code: HCPC E0443Contract Period: Option 3POP Begin: 10-01-2018POP End: 09-30-20195,040.00EA____________________________________0310A0007 Rental - Cylinder, size "B" (M6) refill for item A0004 above. Aluminum (or metal of equivalent weight or less) tanks required. Billing Code: HCPC E0443.Contract Period: Option 3POP Begin: 10-01-2018POP End: 09-30-201960.00EA____________________________________0311A0008 Rental - Cylinder, size "C" refill for A0004 above. Aluminum (or metal of equivalent weight) tanks required. Billing Code: HCPC E0443Contract Period: Option 3POP Begin: 10-01-2018POP End: 09-30-201936.00EA____________________________________0312A0009 Rental - Demand Plus Conserver Device; no less than a 5:1 ratio or 60 ML/pulse. Billing Code: VA111.Contract Period: Option 3POP Begin: 10-01-2018POP End: 09-30-20193,204.00EA____________________________________0313A0010 Rental - Liquid oxygen system (90-100 lbs) stationary reservoir per patient, Billing Code: HCPC E0439; and Rental - Portable liquid oxygen system per patient, Billing Code: HCPC E0434.Contract Period: Option 3POP Begin: 10-01-2018POP End: 09-30-2019816.00EA____________________________________0314A0011 Purchase - Liquid oxygen per pound for portable liquid oxygen system under Item A0010. Billing Code: HCPC E0444Contract Period: Option 3POP Begin: 10-01-2018POP End: 09-30-2019143,748.00LB____________________________________0315A0012 Delivery for re-supply and/or relocation of equipment due to change in patient's residence. Billing Code: A9901Contract Period: Option 3POP Begin: 10-01-2018POP End: 09-30-201948.00EA____________________________________0316A0013 Rental - Concentrator, oxygen, portable. Billing Code: HCPC E1392Contract Period: Option 3POP Begin: 10-01-2018POP End: 09-30-201960.00EA____________________________________0317A0014 Rental - Compressor, air, 50 psi.Billing Code: HCPC E0565Contract Period: Option 3POP Begin: 10-01-2018POP End: 09-30-2019264.00EA____________________________________0318A0015 Rental - Ventilator, negative pressure; portable or stationary. Billing Code: HCPC E0460Contract Period: Option 3POP Begin: 10-01-2018POP End: 09-30-201912.00EA____________________________________0319A0016 Rental - Ventilator, pressure support with volume and pressure control modes. Billing Code: HCPC E0463Contract Period: Option 3POP Begin: 10-01-2018POP End: 09-30-201912.00EA____________________________________0320A0017 Purchase - Oxygen Thermal Fuse (Fire Safe Cannula) to isolate oxygen supply in case of fire. Billing Code: VA186Contract Period: Option 3POP Begin: 10-01-2018POP End: 09-30-2019120.00EA____________________________________0401A0001 (a) Rental concentrator with backup system consisting of compressed gas source, regulator, stand, (nasal cannula or mask and humidifier when specified, and Oxygen Thermal Fuse). Concentrator will have flow rate capacity up to 5LPM. E1390 Contract Period: Option 4POP Begin: 10-01-2019POP End: 09-30-2020432.00EA____________________________________0402A0001 (b) Rental concentrator with backup system consisting of compressed gas source, regulator, stand (nasal cannula or mask and humidifier when specified, and Oxygen Thermal Fuse.Concentrator must have flow rate capacity up to 10 LPM. E1390.Contract Period: Option 4POP Begin: 10-01-2019POP End: 09-30-2020456.00EA____________________________________0403A0001(c) Rental concentrator with portable gaseous oxygen system, home compressor used to fill portable oxygen E cylinders - (5) self-fillingtype oxygen cylinders, integrated oxygen conserving device, regulator, flow meter, humidifier, cannula or mask, tubing, cylinder carrier, and Oxygen Thermal Fuse, including back-up system consisting of compressed gas source . Concentrator will have flow rate capacity up to 5 LPM. E1390Contract Period: Option 4POP Begin: 10-01-2019POP End: 09-30-20209,960.00EA____________________________________0404A0001(d) Rental concentrator with portable gaseous oxygen system, home compressor used to fill portable oxygen E cylinders - (5) self-fillingtype oxygen cylinders, integrated oxygen conserving device, regulator, flow meter, humidifier, cannula or mask, tubing, cylinder carrier, and Oxygen Thermal Fuse, including back-up system consisting of compressed gas source . Concentrator will have flow rate capacity up to 10 LPM. E1390Contract Period: Option 4POP Begin: 10-01-2019POP End: 09-30-2020204.00EA____________________________________0405A0002 Rental - Cylinder, Size M or H set-up consisting of regulator, flow meter, safety stand, humidifier and disposable supplies (emergency backup system or as primary). Billing Code: HCPC E0424Contract Period: Option 4POP Begin: 10-01-2019POP End: 09-30-2020120.00EA____________________________________0406A0003 Rental - Cylinder, size M or H refill (Backup/Primary). Billing Code: HCPC E0443 Contract Period: Option 4POP Begin: 10-01-2019POP End: 09-30-202060.00EA____________________________________0407A0004 Rental - Portable System ONLY. Prescription does not include concentrator, consists of "E", "D", "B" (M6), or "C" (M9) size, aluminum (or equivalent weight metal) cylinder with regulator, flow meter, handcart, pouch and disposable supplies. Billing Code: HCPC E1355Contract Period: Option 4POP Begin: 10-01-2019POP End: 09-30-202010,080.00EA____________________________________0408A0005 Rental - Cylinder, size "E" refill for Item A0004 above. Aluminum (or metal equivalent weight or less) tanks required. Billing Code: HCPC E0443Contract Period: Option 4POP Begin: 10-01-2019POP End: 09-30-20205,040.00EA____________________________________0409A0006 Rental - Cylinder, size "D" (M15) refill for item A0004 above. Aluminum (or metal of equivalent weight or less) tanks required. Billing Code: HCPC E0443Contract Period: Option 4POP Begin: 10-01-2019POP End: 09-30-20205,040.00EA____________________________________0410A0007 Rental - Cylinder, size "B" (M6) refill for item A0004 above. Aluminum (or metal of equivalent weight or less) tanks required. Billing Code: HCPC E0443Contract Period: Option 4POP Begin: 10-01-2019POP End: 09-30-202060.00EA____________________________________0411A0008 Rental - Cylinder, size "C" refill for Item A0004 above. Aluminum (or metal of equivalent weight) tanks required. Billing Code: HCPC E0443Contract Period: Option 4POP Begin: 10-01-2019POP End: 09-30-202048.00EA____________________________________0412A0009 Rental - Demand Plus Conserver Device; no less than a 5:1 ratio or 60 ML/pulse. Billing Code: VA111Contract Period: Option 4POP Begin: 10-01-2019POP End: 09-30-20203,528.00EA____________________________________0413A0010 Rental - Liquid oxygen system (90-100 lbs) stationary reservoir per patient, Billing Code: HCPC E0439; and Rental - Portable liquid oxygen system per patient, Billing Code: HCPC E0434.Contract Period: Option 4POP Begin: 10-01-2019POP End: 09-30-2020900.00EA____________________________________0414A0011 Purchase - Liquid oxygen per pound for portable liquid oxygen system under Item A0010. Billing Code: HCPC E0444 Contract Period: Option 4POP Begin: 10-01-2019POP End: 09-30-2020158,124.00LB____________________________________0415A0012 Delivery for re-supply and/or relocation of equipment due to change in patient's residence. Billing Code: A9901Contract Period: Option 4POP Begin: 10-01-2019POP End: 09-30-202060.00EA____________________________________0416A0013 Rental - Concentrator, oxygen, portable.Billing Code: HCPC E1392Contract Period: Option 4POP Begin: 10-01-2019POP End: 09-30-202060.00EA____________________________________0417A0014 Rental - Compressor, air, 50 psi.Billing Code: HCPC E0565Contract Period: Option 4POP Begin: 10-01-2019POP End: 09-30-2020300.00EA____________________________________0418A0015 Rental - Ventilator, negative pressure; portable or stationary.Billing Code: HCPC E0460 Contract Period: Option 4POP Begin: 10-01-2019POP End: 09-30-202012.00EA____________________________________0419A0016 Rental - Ventilator, pressure support with volume and pressure control modes. Billing Code: HCPC E0463Contract Period: Option 4POP Begin: 10-01-2019POP End: 09-30-202012.00EA____________________________________0420A0017 Purchase - Oxygen Thermal Fuse (Fire Safe Cannula) to isolate oxygen supply in case of fire. Billing Code: VA186Contract Period: Option 4POP Begin: 10-01-2019POP End: 09-30-2020120.00EA____________________________________GRAND TOTAL__________________BASE YEAR TOTAL: $____________________________________TOTAL OPTION YEAR ONE: $_____________________________TOTAL OPTION YEAR TWO: $_____________________________TOTAL OPTION YEAR THREE: $____________________________TOTAL OPTION YEAR FOUR: $_____________________________SECTION C - CONTRACT CLAUSESC.1 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): (End of Clause)C.2 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (MAY 2015) (a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights— (1) Within a reasonable time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. (d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. (e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. (f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include— (i) Name and address of the Contractor; (ii) Invoice date and number; (iii) Contract number, contract line item number and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent; (viii) Name, title, and phone number of person to notify in event of defective invoice; and (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (x) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. (2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315. (h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. (i) Payment.— (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. (2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315. (3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. (4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made. (5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall— (i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the— (A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); (B) Affected contract number and delivery order number, if applicable; (C) Affected contract line item or subline item, if applicable; and (D) Contractor point of contact. (ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer. (6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid. (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if— (A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days; (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2). (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. (v) Amounts shall be due at the earliest of the following dates: (A) The date fixed under this contract. (B) The date of the first written demand for payment, including any demand for payment resulting from a default termination. (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on— (A) The date on which the designated office receives payment from the Contractor; (B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. (vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract. (j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon: (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. (k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. (l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. (o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. (q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity. (s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) The schedule of supplies/services. (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause; (3) The clause at 52.212-5. (4) Addenda to this solicitation or contract, including any license agreements for computer software. (5) Solicitation provisions if this is a solicitation. (6) Other paragraphs of this clause. (7) The Standard Form 1449. (8) Other documents, exhibits, and attachments (9) The specification. (t) System for Award Management (SAM). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract. (4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through . (u) Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern: (i) Any such clause is unenforceable against the Government. (ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause. (iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement. (2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.(End of Clause)C.3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (OCT 2015) (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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014) (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) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). [X] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509). [] (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 (OCT 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note). [] (5) [Reserved] [] (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C). [X] (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. (OCT 2015) (31 U.S.C. 6101 note). [X] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). [] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a). [] (ii) Alternate I (NOV 2011) of 52.219-3. [] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). [] (ii) Alternate I (JAN 2011) of 52.219-4. [] (13) [Reserved] [X] (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 (OCT 2014) (15 U.S.C. 637(d)(2) and (3). [] (17)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2015) (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 (OCT 2015) of 52.219-9. [] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)). [X] (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) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f). [X] (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C 632(a)(2)). [] (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). [] (24) 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] (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). [] (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2014) (E.O. 13126). [X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015). [X] (28) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246). [X] (29) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212). [X] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793). [X] (31) 52.222-37, Employment Reports on Veterans (OCT 2015) (38 U.S.C. 4212). [X] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). [X] (33)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627). [] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). [X] (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 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.) [] (35)(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.) [] (36)(i) 52.223-13, Acquisition of EPEAT?-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514). [] (ii) Alternate I (OCT 2015) of 52.223-13. [] (37)(i) 52.223-14, Acquisition of EPEAT?-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514). [] (ii) Alternate I (JUN 2014) of 52.223-14. [X] (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b). [] (39)(i) 52.223-16, Acquisition of EPEAT?-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514). [] (ii) Alternate I (JUN 2014) of 52.223-16. [X] (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [] (41) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83). [] (42)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (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 (MAY 2014) of 52.225-3. [] (iii) Alternate II (MAY 2014) of 52.225-3. [] (iv) Alternate III (MAY 2014) 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. 4505, 10 U.S.C. 2307(f)). [] (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). [] (50) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332). [] (51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). [X] (52) 52.232-36, Payment by Third Party (MAY 2014) (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) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). [X] (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67). [X] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).Employee ClassMonetary Wage-Fringe Benefits [X] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). [] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67). [] (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67). [] (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67). [X] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (Executive Order 13658). [] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). [X] (10) 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 (OCT 2015) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (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 $700,000 ($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 (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (iv) 52.222-21, Prohibition of Segregated Facilities (APR 2015). (v) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793). (viii) 52.222-37, Employment Reports on Veterans (OCT 2015) (38 U.S.C. 4212). (ix) 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. (x) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67). (xi)(A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627). (B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). (xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67). (xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67). (xiv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E. O. 12989). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (E.O. 13658). (xvi) 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). (xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xviii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.(End of Clause)C.4 52.216-18 ORDERING (OCT 1995) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the effective date of the contract through Date of Award through 30 September 2020.. (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.(End of Clause)C.5 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014) (a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112–239) and FAR 3.908. (b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation. (c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.(End of Clause)C.6 52.216-19 ORDER LIMITATIONS (OCT 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $25.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor— (1) Any order for a single item in excess of $5,000.00; (2) Any order for a combination of items in excess of $10,000.00; or (3) A series of orders from the same ordering office within 5 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 5 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.(End of Clause)C.7 52.216-21 REQUIREMENTS (OCT 1995) (a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule. (d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract. (e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source. (f) 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 66 Months of Performance.(End of Clause)C.8 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 Days.(End of Clause)C.9 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 Days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 120 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 66 Months.(End of Clause)C.10 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984) Funds are not presently available for performance under this contract beyond 30 September 2016. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond 30 September 2016, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.(End of Clause)C.11 52.237-3 CONTINUITY OF SERVICES (JAN 1991) (a) The Contractor recognizes that the services under this contract are vital to the Government and must be continued without interruption and that, upon contract expiration, a successor, either the Government or another contractor, may continue them. The Contractor agrees to (1) furnish phase-in training and (2) exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor. (b) The Contractor shall, upon the Contracting Officer's written notice, (1) furnish phase-in, phase-out services for up to 90 days after this contract expires and (2) negotiate in good faith a plan with a successor to determine the nature and extent of phase-in, phase-out services required. The plan shall specify a training program and a date for transferring responsibilities for each division of work described in the plan, and shall be subject to the Contracting Officer's approval. The Contractor shall provide sufficient experienced personnel during the phase-in, phase-out period to ensure that the services called for by this contract are maintained at the required level of proficiency. (c) The Contractor shall allow as many personnel as practicable to remain on the job to help the successor maintain the continuity and consistency of the services required by this contract. The Contractor also shall disclose necessary personnel records and allow the successor to conduct on-site interviews with these employees. If selected employees are agreeable to the change, the Contractor shall release them at a mutually agreeable date and negotiate transfer of their earned fringe benefits to the successor. (d) The Contractor shall be reimbursed for all reasonable phase-in, phase-out costs (i.e., costs incurred within the agreed period after contract expiration that result from phase-in, phase-out operations) and a fee (profit) not to exceed a pro rata portion of the fee (profit) under this contract.(End of Clause)C.12 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008) The bidder or offeror agrees that if a contract is awarded to him/her, as a result of this solicitation, he/she will not advertise the award of the contract in his/her commercial advertising in such a manner as to state or imply that the Department of Veterans Affairs endorses a product, project or commercial line of endeavor.(End of Clause)C.13 VAAR 852.203-71 DISPLAY OF DEPARTMENT OF VETERAN AFFAIRS HOTLINE POSTER (DEC 1992) (a) Except as provided in paragraph (c) below, the Contractor shall display prominently, in common work areas within business segments performing work under VA contracts, Department of Veterans Affairs Hotline posters prepared by the VA Office of Inspector General. (b) Department of Veterans Affairs Hotline posters may be obtained from the VA Office of Inspector General (53E), P.O. Box 34647, Washington, DC 20043-4647. (c) The Contractor need not comply with paragraph (a) above if the Contractor has established a mechanism, such as a hotline, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports.(End of Clause)C.14 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) (a) Definitions. As used in this clause— (1) Contract financing payment has the meaning given in FAR 32.001. (2) Designated agency office has the meaning given in 5 CFR 1315.2(m). (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. (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. (See Web site at .) (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). The X12 EDI Web site () includes additional information on EDI 810 and 811 formats. (d) Invoice requirements. Invoices shall comply with FAR 32.905. (e) Exceptions. If, based on one of the circumstances below, 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)C.15 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984) The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of Georgia and South Carolina. Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from.(End of Clause)C.16 MANDATORY WRITTEN DISCLOSURES Mandatory written disclosures required by FAR clause 52.203-13 to the Department of Veterans Affairs, Office of Inspector General (OIG) must be made electronically through the VA OIG Hotline at and clicking on "FAR clause 52.203-13 Reporting." If you experience difficulty accessing the website, call the Hotline at 1-800-488-8244 for further instructions.SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTSSECTION D: ATTACHMENTS ATTACHMENT 1 – AREAS OF RESPONSIBILITY/ JURISDICTIONThe Contractor shall provide Home Oxygen within a defined area of responsibility/jurisdiction to the patients’ residence, or other location as indicated on the order for Home Oxygen. Area of responsibility/jurisdiction for each VA facility includes the counties identified as applicable to the area of responsibility/jurisdiction. NOTE: The location of the patient’s place of residence, and not which VA facility will order the home oxygen services, will determine which contract the Government will utilize to obtain home oxygen services. The Government reserves the right to purchase the services from the Contractor awarded a contract whose area of responsibility/jurisdiction includes the location of the patient’s place of residence.AUGUSTA VA MEDICAL CENTER, LOCATED IN AUGUSTA, GA AND CBOC’S: Contractor shall provide setup, installation, and management of Home Oxygen services to any Patients that are treated at the Augusta VA Medical Center and all Community Based Outpatient Centers (CBOC’s) supported therein (Clinic of Jurisdiction/Primary Service Area COJ/PSA), regardless of their physical location. The listing of these counties does not exclude other counties. This includes Patients who reside near bordering states catchment areas but prefer to be seen in the Augusta VAMC. Portable cylinders, regulators and 02 carriers shall be delivered to the Augusta VAMC within one (1) business day of request to accommodate Home Oxygen beneficiaries who are visiting the VA or being discharged and require a tank of oxygen to go home. This shall be provided at no additional charge.COUNTIES IN AUGUSTA VAMC JURISDICTION: (COUNTIES LISTED HERE IN ALL CAPS)BURKE, COLUMBIA, ELBERT, EMANUEL, GLASCOCK, HART, JEFFERSON, JENKINS, LINCOLN, MCDUFFIE, RICHMOND, TALIAFERRO, WARREN, WILKES, SOUTH CAROLINA COUNTIES OF AIKEN, ALLENDALE, BAMBERG, BARNWELL, EDGEFIELD, AND MCCORMICK.ATTACHMENT 2: LIST OF DEFINITIONS-ACRONYMS- ABBREVIATIONSArea of Responsibility/Jurisdiction – Service Area(s) and Delivery Zone(s) identified within the contract.Business Day – Monday through Friday, excluding federal holidays.Contracting Officer – VA official with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.COR – Contracting Officer’s Representative (COR) is a VA official responsible for providing contract oversight and technical guidance to the Contracting Officer. FAR – Federal Acquisition Regulation.HIPAA – Health Insurance Portability and Accountability Act.JC – The Joint Commission, formerly referred to as the Joint Commission on Accreditation of Healthcare Organizations (JC)Patient – Veteran who is authorized by a COR or designee to receive home oxygen services as a VA beneficiary.Patient’s place of residence – the location where normally a patient has been authorized to receive home oxygen services.PSAS – Prosthetics and Sensory Aids Service (PSAS). Most, if not all, CORs are PSAS employees. Sentinel Event – A sentinel event is an unexpected occurrence involving death or serious physical or psychological injury, or the risk thereof.? Serious injury specifically includes loss of limb or function.? The phrase, "or the risk thereof" includes any process variation for which a recurrence would carry a significant chance of a serious adverse outcome.? Such events are called "sentinel" because they signal the need for immediate investigation and response.VA – Department of Veterans Affairs.VA Facility – VA Facilities are identified on Attachments 1 and 2. VHA – Veterans Health Administration.VISN – Veterans Integrated Service Network.VISN 7 – Veterans In Partnership.ATTACHMENT 3: HOME OXYGEN CONTRACT ROLES AND RESPONSIBILITIESHome Oxygen Contract Roles and ResponsibilitiesScope/Type of ServiceVA Facility RolesContractor Responsibilities1. Roles and Responsibilities of the Organization (VA Facility) and the Contractor (Contracted Provider) in:a. Patient Admission ProcessClinical coordinator or designee reviews, verifies medical need, obtains physician order, and contacts Contractor.Contractor will furnish oxygen supplies, equipment, and services to patients (VA beneficiaries) for the VA facilities during the period of the contract.b. Patient Assessment Process, Initial and OngoingService provided solely by VA staff, pulmonary/respiratory.Contractor, as part of the initial delivery protocol, completes the initial equipment assessment and provides education on equipment use and care, safety, VA patient rights and responsibilities, etc. Ongoing assessment related to equipment use, condition, education, and Contractor will report maintenance every 3 months. c. Plan of Care, Development, Review and RevisionServices provided solely by VA staff, pulmonary/respiratory.d. Plan of Service, Equipment, Maintenance, RefillsService provided solely by Contractor.The Contractor is responsible for developing, reviewing, and revising the patient’s plan of service. The plan of service will be maintained at the Contractor’s local office providing service to the patient and will be developed, reviewed, and revised per contract.Home Oxygen Contract Roles and ResponsibilitiesScope/Type of ServiceVA Facility RolesContractor Responsibilitiese. Scheduling Care or ServicesClinical coordinator and/or COR will schedule home visits with the patient in keeping with the most current VHA Directive on home oxygen therapy. A portion of the visits will also be scheduled with the ContractorThe Contractor is responsible for scheduling services with patients.f. Discharge Planning:(f.1) Discontinuing TherapyClinical Coordinator or designee, either by direct notification from physician, death of the patient, or reassessment no longer qualifies patient for therapy, will contact the Contractor to discontinue therapy.The Contractor will notify patient/family and arrange time for pick-up of equipment.(f.2) Travel Outside of the Area of Responsibility/JurisdictionVA reserves the right to arrange for service for patients during travel status and use a non-contract source.Arrangements for air travel and overseas travel are the responsibility of the patient. Contractor is responsible for arranging for services when patient travels outside of the area of responsibility/ jurisdiction applicable under the Contractor’s contract (excluding air travel and overseas travel). Contractor will obtain pre-approval from the Contracting Officer on pricing if above the contract price on the Contractor’s contract.Home Oxygen Contract Roles and ResponsibilitiesScope/Type of ServiceVA Facility RolesContractor Responsibilitiesg. Patient Privacy and IT SecurityVA will abide by local policy related to patient privacy and record security.Contractor is responsible for maintaining the integrity of the VA Beneficiary’s patient records and compliance with JC Standard related to patient confidentiality and privacy.2. Documentation Requirements and Time FramesService provided solely by the Contractor.The Contractor will maintain a complete record of services provided to patients to meet current JC Standards and as stipulated in the contract. The Contractor will maintain this documentation in the VA beneficiary’s folder.3. Monitoring, Evaluating, and Auditing of Contracted Care and/or ServicesThe clinical coordinator and/or the COR will make unscheduled on-site Contractor and home oxygen patient visits, on at least a monthly basis, to monitor the Contractor’s performance under this contract.The Contractor agrees to make available all records and documentation necessary to perform these reviews.4. Responsibility of Contractor to Comply with Applicable Organization Policies and Personnel QualificationsPolicies: The clinical coordinator and/or COR will review the Contractor’s policies/procedures for compliance with VA policies/procedures and JC Standards.The Contractor agrees to make available all records and documents necessary per the contract. The Contractor is responsible for policy and personnel compliance with current JC Standards.5. Procedures for Determining Charges and ReimbursementCOR or designee reviews monthly bills from the Contractor for appropriate changes.The Contractor will submit billing reports monthly as stipulated in this contract.ATTACHMENT 4: USDOL SERVICE CONTRACT ACT WAGE DETERMINATION INFORMATIONWAGE DETERMINATIONS INCORPORATED BY REFERENCE:This solicitation incorporates the U.S. Department of Labor (USDOL) wage determinations identified in the table below by reference, with the same force and effect as if they were incorporated into the solicitation in full text. USDOL Service Contract Act Wage DeterminationsWage DeterminationArea (Counties of States)AreaNumberRevisionNo.Date of Birmingham AL, Jefferson County2005-2004197/08/2015IAW SOWWD 05-2004 (Rev.-19) was first posted on on 07/14/2015************************************************************************************REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATIONBy direction of the Secretary of Labor | WAGE AND HOUR DIVISION WASHINGTON D.C. 20210 | | Wage Determination No.: 2005-2004Daniel W. Simms Division of | Revision No.: 19Director Wage Determinations| Date Of Revision: 07/08/2015_______________________________________|____________________________________________Note: Executive Order (EO) 13658 establishes an hourly minimum wage of $10.10 for 2015 that applies to all contracts subject to the Service Contract Act for which the solicitation is issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in anyclassification listed on this wage determination at least $10.10 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at whd/govcontracts. ____________________________________________________________________________________State: AlabamaArea: Alabama Counties of Bibb, Blount, Cullman, Fayette, Greene, Hale,Jefferson, Lamar, Marengo, Perry, Pickens, Shelby, St Clair, Tuscaloosa, WalkerDescriptions for the occupations for this requirement and determine the appropriate wage determination are the responsibility of the contractor, and offerors are encouraged to coordinate with Department of Labor in order to determine the appropriate job classifications for this requirement. The Agency assumes no responsibility or liability for a contractor's determination of the appropriate classification. The contractor is responsible for downloading the applicable Wage Determination by accessing the following site: 5 – SCHEDULE OF REQUIRED REPORTSReport NameDescription of ReportLocation in SOWDue Date??Incident ReportDescription of Report - Report special incidents found or occurring during a home visit, to include finding patients in need of emergency medical assistance, safety hazards that do not fall into the category of presenting immediate life-threatening danger to the patient or Contractor’s staff, inability to contact a patient within a reasonable period of time, and any other incident meeting the Contractor’s written policy for incident reporting according to JC accreditation standards.Paragraph 10.b.i, Page 4As needed???Customer SatisfactionIn accordance with JC standards the Contractor shall collect data on service satisfaction from contracted patients and their families from each facility on a quarterly basis.Paragraph 10.b.ii, Page 4Quarterly???Infection Control/Communicable DiseasesReport must include data related to the Contractor’s ongoing Infection Control Program, shall include the following items: Number of patients stating past respiratory infection the past-30 days or since last Contractor quarterly visit, number of deliveries to patients, and number of patients stating their physician diagnosed a respiratory infection. Paragraph 10.b.iii., Page 4Quarterly?Performance ImprovementThe Contractor shall collect data on important processes and outcomes related to patient care and organizational functions, including adherence to the Performance Improvement Plan. The Contractor’s report shall include performance expectations, outcomes, and actions related to performance improvement. When the VA contacts the Contractor with complaints or service failures, the Contractor shall provide a written response to include what actions were taken to resolve service failure. Written response shall be provided via encrypted e-mail or facsimile to COR or designee within two (2) business days.Paragraph 10.b.iv., Page 4Quarterly???Emergent Patient Safety ReportsThe Contractor shall provide the following below emergent patient safety reports, within five (5) business days of the action throughout the contract period. Paragraph 10.c.i-iii., Pages 4-5Within five (5) business days of the actionSentinel Events – The Contractor is required to inform the COR or designee within one (1) business day of a sentinel event (as defined by JC) that occurs during the performance of this contract that involves a patient. The Contractor shall perform Root Cause Analysis (RCA) and submit a report to the COR or designee within 30 days after submission of the sentinel event notification. This report shall include a plan of correction. The Contractor shall provide status on the plan of correction in required monthly documentation of performance for at least 12 months of implementation of corrective actions.??Emergent Patient Safety ReportsRefusal of Service – All patients have the right to refuse service. In the event a patient refuses service or orders the equipment to be removed from the home, the Contractor shall comply with the patient’s wishes. The Contractor shall report the specifics of the refusal (AMA) to the COR or designee within one (1) business day.??Reports of Abuse - The Contractor shall report suspected incidents of abuse or neglect of the patient by family members or caregivers. Suspected incidents shall be reported within one (1) business day to the COR or designee, as well as to the adult protective agency. The Contractor shall follow all state and local laws in reporting suspected incidents of abuse or neglect.?????Summary Reports of Services RenderedThe Contractor shall submit a summary report of services rendered with each monthly submission of an invoice. The report submission, which shall consist of a spreadsheet that includes the data identified below, shall consist of a printed report and the report provided on electronic media (DVD or CD), to include the following:Paragraph 10.d.1-9, Page 5Monthly-Number of new patient set-up. List and activation date.??-Number of plan of care changes. Patient list and date of change.??-Number of discontinued prescriptions. Patient list, date and reason for discontinuation; prescription duration expired, discontinued by clinical order or patient death.??-Total number of service deliveries, number of unique patient visited, number of patients not visited in 30 days, <=60 days, <=90 days. Number of patients on travel of extended stay outside of jurisdiction.??-Number of patients unable to be located. Number of attempts to locate patient. Provide list and date of last recorded visit.??-Number of unannounced follow-up visits by the Contractor to the patient’s home following Contractor delivery staff service visits to verify employee compliance with service delivery expectations, infection control policy and veracity of data entry.??-List of all patients with oxygen concentrators in use for at least 20 days, detailing hours of use since last visit. Provide actual hours of use and daily average. Note exception when concentrator is exchanged.??-Outcome of performance improvement efforts.??-List of all home oxygen patients requiring recurring patient education for non-compliance with plan of care (i.e., safety, non-smoking signs, oxygen liter flow found in excess of prescribed level, patients who have a history of smoking with oxygen).??-List of expiring oxygen prescriptions within 30 days, and another list expiring within 90 days.??Site Visit ReportThe Contractor shall visit the patient to reassess equipment compliance, educational needs, environmental survey, etc. A written report will include at a minimum the following data:?Paragraph 29.a-g., Pages 10 - 11?Quarterly- Name and social security number (SSN) of patient using the equipment.??- Monitor compliance on prescription (LPM, hours per day).??- Type, hours on concentrator *Serial numbers kept on file should be for VA-owned equipment only. **Serial numbers for the rented equipment shall be the Contractor’s responsibility and kept on file in the Contractor’s main office. ??- Inspection results of liter flow rate in monitoring patient compliance (as compared to prescription).??- Inspection compliance of intake filters (exchange or clean by patient); follow-up education and/or reinforcement of compliance documented.??- Revised plan of service as needed.??- A delivery report shall be developed by the Contractor, signed and dated by the contract staff and the patient/care giver and a copy shall be left with the patient. The reports shall be legible and attached to the invoice. All reports shall be submitted to the COR or designee in alphabetical order, with the monthly invoices by the 10th business day of the month following service. The report must include a patient list and associated scanned delivery/maintenance receipts with patient’s signatures, patient signed patient education notes and clinical notes associated with plan of care changes. The report shall be submitted by the Contractor in both hard copy and on electronic media (DVD or CD). Format to be approved by VA. ??ATTACHMENT 6 PAST PERFORMANCE SURVEYSOLICITATION VA247-16-R-0089OFFEROR INSTRUCTIONS: Each reference must complete a Past Performance Survey; offeror must send copy directly to the evaluator (reference) requesting they complete and return it to the Contracting Officer no later than the proposal due date.REFERENCE INSTRUCTIONS: The Department of Veterans Affairs is considering the Offeror listed below for award of a VA contract. Your comments would be appreciated regarding this firm’s past performance. Your comments are considered Source Selection Sensitive; therefore, you are advised that the Federal Acquisition Regulation (15.506) prohibits the release of the names of individuals providing reference information about Offeror’s past performance. Do not return this form to the contractor being evaluated. It is desired that this form be submitted to the person identified below by the due date. Handwritten responses are acceptable; however, it is requested to please print legibly. If more space is required, simply attach additional pages to the survey. Your time and effort in providing this vitally important information is greatly appreciated.Survey should be completed by evaluator and return to Kevin Warren at kevin.warren2@ not later than the proposal due date. ______________________________________________________________________________Please provide the following information?Company Name:Person Completing Survey Form:Phone Number:Fax Number:E-mail Address:Name of Company for which you are filling out this survey:Contract Number(s):Period of Performance:General Description of Contract Services:Contract Dollar Value:Type of Contract (firm fixed-price, cost plus fixed fee, etc.):REMARKS:Please evaluate the past performance using only the following ratings without variation. If the rating is Marginal or Unacceptable, please provide additional information in the appropriate block or in the remarks section of this form.“O” = Outstanding = Performance greatly exceeded the contract requirements.“A” = Above Average = Performance exceeded the contract requirements.“S” = Satisfactory = Performance met the contract requirements.“M” = Marginal = Performance met the minimum contract requirements but some material Aspects of the contractor’s performance were less than satisfactory.“U” = Unacceptable = Performance was poor and/or did not satisfy contract requirements.Please rate and provide information/comments for the following: Circle one1. To what extent did the contract comply with contract requirements?O A S M U2. How timely was the contractor’s performance?O A S M U3. How well did the contractor comply with labor and safety standards?O A S M U4. Rate the effectiveness of the contractor’s management of the contract.O A S M U5. Rate the contractor’s handling of staff integrity issues.O A S M U6. Rate the contractor’s personnel management practices.O A S M U7. Quality control: Rate the overall quality on the contractor’s work.O A S M U8. To what extent was contractor able to meet the performance schedule?O A S M U9. What extent was contractor flexible in responding to changing needs?O A S M U10. To what extent was the contractor reliable?O A S M U11. To what extent was the contractor responsive to technical directions?O A S M U12. Have any cure notices, show cause letters, suspension of payment, or termination been issued? If yes, please explain?Yes No13. Would you award another contract to the party being evaluated; if no, please explain?Yes No14. Was the customer satisfied with the end product; if no please explain?Yes No15. To what extent did contractor notify you of problems or potential problems?O A S M USECTION E - SOLICITATION PROVISIONSE.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2015) (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees. (b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show— (1) The solicitation number; (2) The time specified in the solicitation for receipt of offers; (3) The name, address, and telephone number of the offeror; (4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary; (5) Terms of any express warranty; (6) Price and any discount terms; (7) "Remit to" address, if different than mailing address; (8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically); (9) Acknowledgment of Solicitation Amendments; (10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and (11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration. (c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation. (d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing. (e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately. (f) Late submissions, modifications, revisions, and withdrawals of offers. (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due. (2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and— (A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or (B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or (C) If this solicitation is a request for proposals, it was the only proposal received. (ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted. (3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel. (4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. (5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer. (g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. (h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer. (i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to—GSA Federal Supply Service Specifications Section Suite 8100 470 East L'Enfant Plaza, SWWashington, DC 20407Telephone (202) 619-8925 Facsimile (202) 619-8978. (ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee. (2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites: (i) ASSIST (); (ii) Quick Search (); (iii) (). (3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by? (i) Using the ASSIST Shopping Wizard (); (ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or (iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance. (j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS +4" followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at . An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office. (k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through . (l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable: (1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer. (2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror. (3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection. (4) A summary of the rationale for award; (5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror. (6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.(End of Provision)ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS Provisions 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 provisions are incorporated into 52.212-1 as an addendum to this solicitation:The PERIOD FOR ACCEPTANCE is extended. The offeror agrees to hold the prices in its offer firm for 120 calendar days from the date specified for receipt of offers. Following are instructions regarding the submission of offers for this solicitation.1. Each offeror must submit an offer (proposal) electronically to kevin.warren2@ prior to closing of solicitation and shall include:Standard Form 1449, with blocks 17a, 17b, 30a, 30b, and 30c completed by the offeror.Pricing Schedule with the offeror’s proposed prices inserted in the appropriate blank spaces.Clause 52.212-3 “Offeror Representations and Certifications – Commercial Items,” is to be completed in its entirety by the offeror and submitted, if not completed online at .)Include separate volumes addressing 1) Technical Submission, 2) Relevant Experience/Past Performance, and 3) Price. The Technical Submission shall contain no discussion of price.Other Written Information. In addition to the information required above, each offeror must submit a Past Performance Survey for ALL offerors completed and current contracts for the past three years. 2. This will be a “Lowest Price Technically Acceptable” Source Selection and award will be made to the lowest price offeror whose offer is complete and technically acceptable. Award of this contract may be made without discussions.3. Offeror socio-economic status of “Service-Disabled Veteran-Owned” or “Veteran-Owned Small business will be verified through the VA’s “Vendor Information Pages” (VIP) database. Companies will have to submit an application to substantiate their status as owned and controlled by veterans, service-disabled or eligible surviving spouses and this information must be listed in as certified by VA prior to award of any contract.4. Offerors should submit all technical questions regarding this solicitation to the Contracting Officer in writing via email to Kevin.Warren2@ within 10 calendar days after issuance of this Request for Proposal (RFP). Questions received after the 10 calendar days will not be considered. Verbal questions will not be addressed. All responses to questions, which may affect offers, will be incorporated into a written amendment to the solicitation.6. Evaluation Approach: Proposals submitted in response to RFP VA247-16-R-0089, Home Oxygen Services shall include separate volumes/sections addressing 1) Technical Acceptability, 2) Relevant Experience/Past Performance, and 3) Price. An offeror’s failure to provide the information specified in solicitation provision 52.212-1 in its proposal shall result in that proposal not being considered by the Government. The proposal shall represent the offeror’s best effort to respond to the solicitation. (End of Addendum to 52.212-1) EVALUATION FACTORS FOR AWARDa. BASIC FOR CONTRACT AWARD: This acquisition will utilize the Lowest Price Technically Acceptable (LPTA) source selection procedures in accordance with FAR 15.101-2, as supplemented. By submission of its offer, the offeror accepts all solicitation requirements, including the terms and conditions, representations and certifications, and technical requirements. Failure to meet a requirement may result in an offer being determined technically unacceptable. Offerors must clearly state identify any exception to the solicitation and conditions and provide complete accompanying rationale. Award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for all non-cost/price factors.Acceptable ALL of the minimum acceptable criteria are clearly met by the proposal. The offeror's proposal meets the performance and technical requirement defined in the SOW. NOTE: Once the proposals have been determined to be "technically acceptable," award will based on cost/price only. Unacceptable Not all of the minimum acceptable criteria are met by the proposal. An unacceptable proposal contains one or more deficiencies. Proposal fails to meet specified minimum performance and technical requirement defined in the SOWAll proposals will be evaluated using the evaluation factors stated below for award.FACTOR 1 - TECHNICAL ACCEPTABILITYOfferor shall provide a description of the company’s ability to provide Home Oxygen services in accordance with the requirements stipulated in the SOW. Offeror shall provide proof that they provide United States Pharmacopoeia (U.S.P.) oxygen. Offeror shall show proof that they provide electrically powered equipment that is Under Laboratory (UL) approved and shall be the most recent developed in the field at the time of use and no more than 3 years old.Offeror shall describe the capability to recruit adequate registered and/or certified Respiratory Therapists to meet the needs of the requirements of the SOW in terms of ventilator dependent patients. The offeror shall describe the average turnover rate and how it might affect contract performance, describe measures/plan to address turnover of professional and support staff. Offeror shall describe a planned and detailed emergency action to include emergency preparedness and how the 24/7 patient emergency response requirement will be met.Offeror shall provide a detailed dispatch plan which adequately addresses the dispatch requirement necessary to meet the needs of the requirement of the SOW.FACTOR 2 - RELEVANT EXPERIENCE/ PAST PERFORMANCE Offeror shall identify at three (3) VA and/or non-VA (Federal, State, local government and private) contracts of similar size, scope and complexity that are ongoing or have been completed within the last five years. Offerors shall include the following information for each contract: name and address of contracting activity (company name), contract number, type of contract, total contract amount and status, date of award and completion, description and location of contract work, list of major subcontractors if any, Contracting Officer or individual responsible for signing the contract, their telephone and fax numbers, and the COR’s/Administrator’s name, telephone and fax numbers.Past performance information is one indicator of an offeror’s ability to perform the contract successfully. Current and relevant information, source of information, context of data, and general trends in Contractor’s performance shall be considered as it pertains to the performance of work described in this solicitation. Offerors may provide information on problems encountered on identified contracts and the offeror’s corrective action. The Government shall consider this information as well as information obtained from any other sources, when evaluating the offeror’s past performance. In accordance with FAR 15.305, offerors with no relevant past performance or whom information is not available, shall be rated “neutral” on past performance. A neutral past performance shall warrant a rating of “acceptable.”The offeror shall provide examples of past performance and experience, as a prime contractor, in Home Oxygen services comparable in size and complexity to the one described in the solicitation. Consideration will be given to timeliness of performance; cost control; effective management; customer satisfaction; quality awards; and the technical success of the project.FACTOR 3 – PRICE/COST Offeror must complete the PRICE/COST SCHEDULE in the solicitation to include the total price of the base period and options. The Government shall conduct a price evaluation of all technically acceptable offers with satisfactory past performance including any option prices if applicable. Price will be evaluated from the overall price (Base plus all Options).A site visit will not be conducted for this solicitation, however; offerors will be allowed to submit questions in writing/e-mail to the Contract Specialist for review. Once all questions have been received, an amendment to the solicitation will be posted containing all answers received from industry. All questions shall be submitted to Kevin Warren, Contract Specialist, Department of Veteran Affairs, 501 Greene Street, Augusta Georgia, 30901, e-mail address: Kevin.Warren2@ within 10 days of issuance of the RFP. (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.E.2 52.209-5 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION)(MAR 2012) (a) In accordance with Division H, sections 8124 and 8125 of P.L. 112-74 and sections 738 and 739 of P.L. 112-55 none of the funds made available by either Act may be used to enter into a contract with any corporation that— (1) Has an unpaid federal tax liability, unless the agency has considered suspension or debarment of the corporation and the Suspension and Debarment Official has made a determination that this action is not necessary to protect the interests of the Government. (2) Has a felony criminal violation under any Federal or State law within the preceding 24 months, unless the agency has considered suspension or debarment of the corporation and Suspension and Debarment Official has made a determination that this action is not necessary to protect the interests of the Government. (b) The Offeror represents that— (1) The offeror does [ ] does not [ ] have any unpaid Federal tax liability that has been assessed and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (2) The offeror, its officers or agents acting on its behalf have [ ] have not [ ] been convicted of a felony criminal violation under a Federal or State law within the preceding 24 months.(End of Provision)E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) (a) Definitions. As used in this provision— "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. "Federal contracts and grants with total value greater than $10,000,000" means— (1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). "Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). (b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000. (c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (iii) In an administrative proceeding, a finding of fault and liability that results in— (A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of $100,000. (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via (see 52.204-7).(End of Provision)E.4 52.216-1 TYPE OF CONTRACT (APR 1984) The Government contemplates award of a contract resulting from this solicitation.(End of Provision)E.5 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: Kevin Warren Hand-Carried Address: Network Contracting Office 501 Greene Street Suite 2 Augusta GA 309014401 Mailing Address: SAME (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.(End of Provision)E.6 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (JAN 2008) The supplies or equipment required by this invitation for bid or request for proposal must conform to the standards of the Underwriters Laboratory and as to Equipment provided to support Home Oxygen Service. The successful bidder or offeror will be required to submit proof that the item(s) he/she furnishes conforms to this requirement. This proof may be in the form of a label or seal affixed to the equipment or supplies, warranting that they have been tested in accordance with and conform to the specified standards. Proof may also be furnished in the form of a certificate from one of the above listed organizations certifying that the item(s) furnished have been tested in accordance with and conform to the specified standards.(End of Provision)E.7 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008) (a) Any protest filed by an interested party shall: (1) Include the name, address, fax number, and telephone number of the protester; (2) Identify the solicitation and/or contract number; (3) Include an original signed by the protester or the protester's representative and at least one copy; (4) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents; (5) Specifically request a ruling of the individual upon whom the protest is served; (6) State the form of relief requested; and (7) Provide all information establishing the timeliness of the protest. (b) Failure to comply with the above may result in dismissal of the protest without further consideration. (c) Bidders/offerors and contracting officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation.(End of Provision)E.8 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998) As an alternative to filing a protest with the contracting officer, an interested party may file a protest with the Deputy Assistant Secretary for Acquisition and Materiel Management, Acquisition Administration Team, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, or for solicitations issued by the Office of Construction and Facilities Management, the Director, Office of Construction and Facilities Management, 810 Vermont Avenue, NW., Washington, DC 20420. The protest will not be considered if the interested party has a protest on the same or similar issues pending with the contracting officer.(End of Provision) PLEASE NOTE: The correct mailing information for filing alternate protests is as follows:Deputy Assistant Secretary for Acquisition and Logistics,Risk Management Team, Department of Veterans Affairs810 Vermont Avenue, N.W.Washington, DC 20420 Or for solicitations issued by the Office of Construction and Facilities Management:Director, Office of Construction and Facilities Management811 Vermont Avenue, N.W.Washington, DC 20420FAR NumberTitleDate52.225-25PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN—REPRESENTATION AND CERTIFICATIONSOCT 2015(End of Addendum to 52.212-1)E.9 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (OCT 2015) The offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via . If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (p) of this provision. (a) Definitions. As used in this provision— “Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program. “Forced or indentured child labor” means all work or service— (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. “Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner. “Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. “Inverted domestic corporation” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). “Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except— (1) PSC 5510, Lumber and Related Basic Wood Materials; (2) Product or Service Group (PSG) 87, Agricultural Supplies; (3) PSG 88, Live Animals; (4) PSG 89, Subsistence; (5) PSC 9410, Crude Grades of Plant Materials; (6) PSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) PSC 9610, Ores; (9) PSC 9620, Minerals, Natural and Synthetic; and (10) PSC 9630, Additive Metal Materials. “Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. “Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate— (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. “Sensitive technology”— (1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically— (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). “Service-disabled veteran-owned small business concern”— (1) Means a small business concern— (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). “Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. “Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that— (1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by— (i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and (ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and (2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition. “Subsidiary” means an entity in which more than 50 percent of the entity is owned— (1) Directly by a parent corporation; or (2) Through another subsidiary of a parent corporation. “Veteran-owned small business concern” means a small business concern— (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. “Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. “Women-owned small business concern” means a small business concern— (1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. “Women-owned small business (WOSB) concern eligible under the WOSB Program” (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. (b)(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website. (2) The offeror has completed the annual representations and certifications electronically via the SAM website access through . After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs . (c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it [ ] is, [ ] is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is, [ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is, [ ] is not a women-owned small business concern. (6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that— (i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. (7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that— (i) It [ ] is, [ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold. (8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is a women-owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: ___________________________________________ (10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that— (i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR Part 126; and (ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture:____________.] Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation. (d) Representations required to implement provisions of Executive Order 11246— (1) Previous contracts and compliance. The offeror represents that— (i) It [ ] has, [ ] has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It [ ] has, [ ] has not filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that— (i) It [ ] has developed and has on file, [ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or (ii) It [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American—Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.” (2) Foreign End Products: Line Item No Country of Origin ______________ _________________ ______________ _________________ ______________ _________________[List as necessary] (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g)(1) Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act.” (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”: Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________[List as necessary] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” Other Foreign End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________[List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”: Canadian End Products: Line Item No. __________________________________________ __________________________________________ __________________________________________[List as necessary] (3) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”: Canadian or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________[List as necessary] (4) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”: Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________[List as necessary] (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled “Trade Agreements”. (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________[List as necessary] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals— (1) [ ] Are, [ ] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) [ ] Have, [ ] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; (3) [ ] Are, [ ] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) [ ] Have, [ ] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). (1) Listed end products.Listed End ProductListed Countries of Origin (2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] [ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. [ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly— (1) __ In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) __ Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Labor Standards. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [ ] (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror [ ] does [ ] does not certify that— (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003- 4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. [ ] (2) Certain services as described in FAR 22.1003- 4(d)(1). The offeror [ ] does [ ] does not certify that— (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies— (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to the SAM database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (TIN). [ ] TIN: _____________________. [ ] TIN has been applied for. [ ] TIN is not required because: [ ] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; [ ] Offeror is an agency or instrumentality of a foreign government; [ ] Offeror is an agency or instrumentality of the Federal Government. (4) Type of organization. [ ] Sole proprietorship; [ ] Partnership; [ ] Corporate entity (not tax-exempt); [ ] Corporate entity (tax-exempt); [ ] Government entity (Federal, State, or local); [ ] Foreign government; [ ] International organization per 26 CFR 1.6049-4; [ ] Other _________________________. (5) Common parent. [ ] Offeror is not owned or controlled by a common parent; [ ] Name and TIN of common parent: Name _____________________. TIN _____________________. (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations. (1) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4. (2) Representation. By submission of its offer, the offeror represents that— (i) It is not an inverted domestic corporation; and (ii) It is not a subsidiary of an inverted domestic corporation. (o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran. (1) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@. (2) Representation and certifications. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror— (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; (ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and (iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,500 with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC’s Specially Designated Nationals and Blocked Persons List at ). (3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if— (i) This solicitation includes a trade agreements certification (e.g., 52.212–3(g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be supplied are designated country end products. (p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a requirement to have a DUNS Number in the solicitation.) (1) The Offeror represents that it [ ] has or [ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision for each participant in the joint venture. (2) If the Offeror indicates “has” in paragraph (p)(1) of this provision, enter the following information:Immediate owner CAGE code:________________________________________________________________Immediate owner legal name:________________________________________________________________(Do not use a “doing business as” name) Is the immediate owner owned or controlled by another entity: [ ] Yes or [ ] No. (3) If the Offeror indicates “yes” in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:Highest-level owner CAGE code:________________________________________________________________Highest-level owner legal name:________________________________________________________________(Do not use a “doing business as” name)(End of Provision) ................
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