PRESOL | A | Ankle-Foot Prosthetic Testing

FBO DAILY ISSUE OF SEPTEMBER 17, 2010 FBO #3219
SOLICITATION NOTICE

A -- Ankle-Foot Prosthetic Testing

Notice Date: 9/15/2010
Notice Type: Combined Synopsis/Solicitation
NAICS: 611310 — Colleges, Universities, and Professional Schools
Contracting Office: Department of Veterans Affairs;VA Boston Healthcare System;Contracting Officer (90C);940 Belmont Street;Brockton MA 02301
ZIP Code: 02301
Solicitation Number: VA24110RQ0694
Response Due: 9/17/2010
Archive Date: 9/18/2010
Point of Contact: Cheri Wicks cheri.wicks@va.gov
Small Business Set-Aside: N/A
Description: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. VA intends to issue a sole-source contract to a university affiliate under the authority of FAR 6.302-3, Industrial Mobilization, Engineering, Developmental, or Research Capability, or Expert Services. No additional quotes are being requested and submission of any material for consideration shall not impede award of this contract as planned. This is a Request for Quotation (RFQ); the solicitation number is VA-241-10-RQ-0694. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular April 22, 2010. This requirement is not set aside; it is conducted under the authority of FAR 6.302-3, Industrial Mobilization, Engineering, Developmental, or Research Capability, or Expert Services. The NAICS Code is 611310. Delivery shall be at VA Providence. FAR 52.212-1, Instructions to Offerors-Commercial Items is applicable. FAR 52-212-2, Evaluation-Commercial Items is applicable; the factors are technical, past performance, and price. A completed copy of FAR 52.212-3, Offeror Representations and Certifications-Commercial Items shall accompany the quote. FAR 52.212-4, Contract Terms and Conditions--Commercial Items is applicable as well as the provided addenda. FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes Or Executive Orders-- Commercial Items is applicable. Specific additional FAR clauses are marked. The notice closed on Friday, August 17, 2010. No inquiries shall be entertained after that date and no phone calls accepted. SECTION B - CONTINUATION OF SF 1449 BLOCKS B.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 00241 Department of Veterans Affairs VA Boston Healthcare System Contracting Officer (90C) 940 Belmont Street Brockton MA 02301 2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with: [X]52.232-34, Payment by Electronic Funds Transfer - Other than Central Contractor Registration, or []52.232-36, Payment by Third Party 3. INVOICES: Invoices shall be submitted in arrears: a. Quarterly[] b. Semi-Annually[] c. Other[] 4. GOVERNMENT INVOICE ADDRESS: All invoices from the contractor shall be mailed to the following address: Department of Veterans Affairs Financial Services Center PO Box 149971 Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows: AMENDMENT NO DATE ______________________________ _____________ ______________________________ _____________ ______________________________ _____________ B.2 PRICE/COST SCHEDULE The successful contractor shall conduct experiments to assess performance of a powered ankle-foot prosthesis with and without Implantable Myoelectric Sensors (IMES). As such, for the first year of the project, MIT will develop the experiments and relevant software used to test the applicability of electromyogram (EMG) in controlling a powered prosthesis as well as conduct the initial experiments of the study. BASE PERIOD - September 28, 2010 through September 27, 2011 ItemDescriptionQuantityAmount 0001Provide physical design and construction of ramps, walkways, etc. All work performed in accordance with the Statement of Work (SOW). 1 Job 0002Create data analysis/presentation software for later use. All work performed in accordance with the SOW. 1 Job 0003Develop the command algorithms to translate EMS signals. All work performed in accordance with the SOW. 1 Job 0004Conduct experiments with single subject. All work performed in accordance with the SOW. 1 Job 0005Ensure compliance with all regulatory requirements. All work performed in accordance with the SOW. 1 Job Total $______________ OPTION YEAR ONE - September 28, 2011 through September 27, 2012 Item DescriptionQuantityAmount 0001Continue work from Base Period. All work performed in accordance with the SOW. 1 Job Total $______________ OPTION YEAR TWO - September 28, 2012 through September 27, 2013 Item DescriptionQuantityAmount 0001Continue work from Option Year One. All work performed in accordance with the SOW. 1 Job Total $______________ OPTION YEAR THREE- September 28, 2013 through September 27, 2014 Item DescriptionQuantityAmount 0001Continue work from Option Year Two. All work performed in accordance with the SOW. 1 Job Total $______________ OPTION YEAR FOUR - September 28, 2014 through September 27, 2015 Item DescriptionQuantityAmount 0001Continue work from Option Year Three. All work performed in accordance with the SOW. 1 Job Total $______________ AGGREGATE (BASE AND ALL OPTIONS) TOTAL: $_____________ B.3 Statement of Work (SOW) Implantable Myoelectric Sensors for Controlling a Powered Foot Prosthesis Project #A6586-R, Co-PI, Hugh Herr, PhD A. GENERAL INFORMATION 1.Title of Project: Implantable Myoelectric Sensors for Controlling a Powered Foot Prosthesis Scope of Work: The contractor, MIT, shall conduct experiments to assess performance of a powered ankle-foot prosthesis with and without Implantable Myoelectric Sensors (IMES). As such, for the first year of the project, MIT will develop the experiments and relevant software used to test the applicability of electromyogram (EMG) in controlling a powered prosthesis as well as conduct the initial experiments of the study. 2.Background: a.Organizational Background: The Office of Research and Development (ORD) aspires to discover knowledge, develop VA researchers and health care leaders, and create innovations that advance health care for our veterans and the nation. ORD consists of four research services that together form a cohesive whole to explore all phases of veterans' healthcare needs. Each Service oversees a number of world renowned research centers nationwide. The research services are: Biomedical Laboratory Research & Development Service, Clinical Science Research & Development Service and Cooperative Studies Program, Health Services Research & Development Service and Rehabilitation Research & Development Service. b.Project Background: The goal of this proposal is to conduct a single subject pilot study to explore the efficacy of using the implantable myoelectric sensors (IMES) under development by Dr. Weir's group at Jesse Brown VAMC in Chicago for the control of externally powered ankle-foot prostheses under development by Dr. Herr's group at Massachusetts Institute of Technology and affiliated with the Providence VA Medical Center. It is believed that more stable myoelectric (EMG) signals will be possible with implantable sensors which will result in superior and more robust control of the powered ankle-foot prosthesis. It is proposed to implant two IMES in each residual leg of a person with bilateral trans-tibial amputations. A double amputee himself, Dr. Herr's insight will be invaluable. Today's commercially-available transtibial prostheses are passive while in contact with the ground surface, and consequently their stance-phase mechanical properties remain fixed with walking speed and terrain. It is not uncommon for amputees to fall, especially while traversing irregular terrain. In addition, transtibial amputees experience many problems when using conventional prostheses, including non-symmetric gait patterns, higher metabolic ambulatory rates, and poorer shock absorption. We hypothesize that: 1) Using only local prosthetic sensing and computation a powered ankle-foot prosthesis can produce more human-like ankle dynamics, as compared to a conventional passive-elastic prosthesis, for levelground and stair gaits and 2) An amputee can transition between these gait patterns more robustly using implanted myoelectric control as compared to conventional surface myoelectric methods. To better mimic the human ankle-foot complex an autonomous robotic ankle-foot prosthesis will be designed to produce human-like ankle mechanics during level-ground and stair ambulation. Within each gait pattern, a bi-lateral amputee will walk with the prosthesis while kinetic and kinematic gait data are collected. These data will then be compared to the ankle mechanics of a weight, height and age matched normal. A myoelectric controller will be advanced to enable the amputee user to volitionally control ankle position during the late swing phase to effectively optimize the foot's orientation upon impact with the ground. For implantable and surface myoelectric control approaches, the degree to which prosthetic ankle position at foot strike mimics corresponding biological ankle values of a weight, height and age matched normal will be assessed as a determinant of control robustness. The anticipated advantages of the IMES system over surface electrodes is that the location of the electrodes in the residual limb will not change from day-to-day, greatly facilitating prosthesis donning and doffing. Problems associated with electrode liftoff and changes in skin impedance due to changes in socket environment such as sweat -both common problems with surface electrodes would be circumvented by using IMES. Furthermore, the problem of locating surface electrodes, such that vacuum integrity is maintained, in silicone suspension sleeves is eliminated since the coil used to power and read the IMES encircles both the residual limb and the liner. The coil communicates with the implants through the liner wirelessly. The proposed leg prosthesis will provide new capabilities to disabled veterans living with lower-extremity amputation. Implanted myoelectric-controlled prostheses will allow amputee veterans to experience a more natural gait pattern, not only for level-ground surfaces, but for stair and slope terrains as well, greatly improving disabled veterans' quality of life. The need for novel prosthetic solutions that improve the quality of life for veterans is particularly pressing in the light of the numbers of injured soldiers returning from Operation Enduring Freedom and Operation Iraqi Freedom. MIT's involvement in this research proposal and proposed contract is to conduct experiments to assess performance of a powered ankle-foot prosthesis with and without Implantable Myoelectric Sensors (IMES). As such, for the first year of the project, MIT will develop the experiments and relevant software used to test the applicability of EMG in controlling a powered prosthesis as well as conduct the initial experiments of the study. 3.Performance Period: The contractor shall complete the work required under this SOW in 365 calendar days or less from date of award with up to two (2) option years, unless otherwise directed by the Contracting Officer (CO). The Government may accept an earlier completion date if proposed by the contractor. All work shall take place at the contractor's site. If needed, meetings at the Government site shall not take place on Federal holidays or weekends unless directed by the CO. a.Sequence and Phasing: Sequencing and phasing shall be agreed upon by the AO, Research Service and the contractor immediately following the award of the contract. However, the final schedule will be based on the schedule outlined in the Schedule of Deliverables (Attachment A). b.Option Years/Deliverables: The vendor shall provide additional services as directed by the Office of Research and Development for up to two Option Years. Option Year Deliverables will be established in an updated statement of work, as the research progresses and may include: 1.Preparation of an annual report, in collaboration with the Co-PI, in accordance with RR&D Merit Review funding requirements. B. CONTRACT AWARD MEETING The contractor shall not commence performance on the tasks in this SOW until PVAMC Research & Development committee approval has been obtained. C. GENERAL REQUIREMENTS 1.Preparation of an annual report, (at least one page in length) of progress on the current research progress. D. SPECIFIC MANDATORY TASKS AND ASSOCIATED DELIVERABLES 1.Deliverables Overview: Experimental Design: This work will involve physical design of the experiment and construction of the walkways, ramps, and stairs used in the project. Included in this work will be the creation of data analysis/presentation software to be used later in the project. Software Development: During the first year, MIT will develop the command algorithms that will translate the user's EMG signals into commands to the prosthesis. We will incorporate into the powered prosthesis the required controller hardware for measurement and command algorithm implementation. Initial Experiments: In the first year of the study, MIT will conduct the first experiments with a single subject using surface EMG to control the operation of the powered foot prosthesis. These experiments will include the subject traversing a variety of surfaces - level ground, ramps up and down, and stairs - to assess the overall feasibility of using EMG to control the power foot, particularly at transitions from one type of terrain to another (e.g. upward slope to level surface). Data from these experiments will be used later in the study for comparison to the IMES device. Regulatory: MIT will also be tasked with ensuring that all regulatory requirements are addressed and maintained. This will largely include creating and maintaining appropriate IRB protocols with both MIT and the PVAMC. 2.Deliverables Format: Deliverables in the form of a written report shall be provided to the Research office of the Providence VAMC electronically in word or PDF format, as appropriate, on an annual basis, as an update to the currently proposed research plan. 3.Specific Tasks and Deliverables: Task One: Experimental Design: This work will involve physical design of the experiment and construction of the walkways, ramps, and stairs used in the project. Included in this work will be the creation of data analysis/presentation software to be used later in the project. Deliverable One: Preparation of a written report, of progress on the current research proposed. Task Two: Software Development: During the first year, MIT will develop the command algorithms that will translate the user's EMG signals into commands to the prosthesis. We will incorporate into the powered prosthesis the required controller hardware for measurement and command algorithm implementation. Deliverable Two: Preparation of a written report, of progress on the current research proposed. Task Three: Initial Experiments: In the first year of the study, MIT will conduct the first experiments with a single subject using surface EMG to control the operation of the powered foot prosthesis. These experiments will include the subject traversing a variety of surfaces - level ground, ramps up and down, and stairs - to assess the overall feasibility of using EMG to control the power foot, particularly at transitions from one type of terrain to another (e.g. upward slope to level surface). Data from these experiments will be used later in the study for comparison to the IMES device. Deliverable Three: Preparation of a written report, of progress on the current research proposed. Task Four: Regulatory: MIT will also be tasked with ensuring that all regulatory requirements are addressed and maintained. This will largely include creating and maintaining appropriate IRB protocols with both MIT and the PVAMC. Deliverable Four: Preparation of PVAMC IRB required submission paperwork and training documents kept on file in the Research office. E. EVALUATED OPTIONAL TASKS AND ASSOCIATED DELIVERABLES N/A F. SCHEDULE FOR DELIVERABLES 1.The contractor shall complete the Delivery Date column in Attachment A for each deliverable specified. 2.If for any reason any deliverable cannot be delivered within the scheduled time frame, the contractor is required to explain why in writing to the CO, including a firm commitment of when the work shall be completed. This notice to the CO will cite the reasons for the delay, and the impact on the overall project. The CO will then review the facts and issue a response, in accordance with applicable regulations. G. CHANGES TO STATEMENT OF WORK Any changes to this SOW shall be authorized and approved only through written correspondence from the CO. A copy of each change will be kept in a project folder along with all other products of the project. Costs incurred by the contractor through the actions of parties other than the CO shall be borne by the contractor. H. REPORTING REQUIREMENTS 1.The contractor shall provide the PM/TM with annual [frequency determined by project's duration] written progress reports. 2.The progress report shall cover all work completed during the preceding research funding period This report shall also identify any problems that arose, along with a statement explaining how the problem was resolved. This report shall also identify any problems that have arisen but have not been completely resolved, with an explanation. I. TRAVEL Travel reimbursement is not authorized under this agreement. J. CONTRACTOR EXPERIENCE REQUIREMENTS MIT research staff will perform the work within the contract under the terms of the Intergovernmental Personnel Agreement (IPA). The percent effort and rate of reimbursement has been determined and approved in the research proposal submitted to VACO and funded and is not included in the contract price. The qualifications of research investigators and staff were approved by VACO in the funded project. a.Attachment A: Schedule of Deliverables Deliverable No.ItemQuantityDelivery Date One Experimental Design Within one year of award Two Software Development Within one year of award Three Initial Experiments Within one year of award Four Regulatory compliance Throughout year of award. SECTION C - CONTRACT CLAUSES ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The following clauses are incorporated into 52.212-4 as an addendum to this contract: C.1 52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008) (a) Definitions. As used in this clause-- "Central Contractor Registration (CCR) database" means the primary Government repository for Contractor information required for the conduct of business with the Government. "Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities. "Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4- character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern. "Registered in the CCR database" means that-- (1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and (2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record "Active". The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process. (b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. (2) 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 exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database. (c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. (1) An offeror may obtain a DUNS number-- (i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or (ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office. (2) The offeror should be prepared to provide the following information: (i) Company legal business. (ii) Tradestyle, doing business, or other name by which your entity is commonly recognized. (iii) Company Physical Street Address, City, State, and Zip Code. (iv) Company Mailing Address, City, State and Zip Code (if separate from physical). (v) Company Telephone Number. (vi) Date the company was started. (vii) Number of employees at your location. (viii) Chief executive officer/key manager. (ix) Line of business (industry). (x) Company Headquarters name and address (reporting relationship within your entity). (d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. (e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation. (f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR 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 CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (g)(1)(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 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 CCR database; (B) comply with the requirements of Subpart 42.12 of the FAR; 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 (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR 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. (2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR 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. (h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757. (End of Clause) C.2 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 10 days of contract expiration. (End of Clause) C.3 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 10 days of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 10 days priot to contract expiration 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 five (5) years. (End of Clause) C.4 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 twelve months from contract award.. (End of Clause) C.5 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.acquisition.gov/far/index.html http://www.va.gov/oamm/oa/ars/policyreg/vaar/index.cfm (End of Clause) 52.204-9PERSONAL IDENTITY VERIFICATION OFSEP 2007 CONTRACTOR PERSONNEL 52.227-11PATENT RIGHTS--OWNERSHIP BY THE DEC 2007 CONTRACTOR 52.227-14RIGHTS IN DATA--GENERALDEC 2007 52.232-19AVAILABILITY OF FUNDS FOR THE NEXTAPR 1984 FISCAL YEAR 52.243-1CHANGES--FIXED PRICEAUG 1987 ALTERNATE V (APR 1984) 52.249-5TERMINATION FOR CONVENIENCE OF THESEP 1996 GOVERNMENT (EDUCATIONAL AND OTHER NONPROFIT INSTITUTIONS) C.6 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUL 2010) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104 (g)). (2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78) (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). [] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010)(Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). [] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) [] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note). [] (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (JUL 2010) (Pub. L. 111-5). [] (6) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a). [] (7) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). [] (8) [Reserved] [] (9)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644). [] (ii) Alternate I (Oct 1995) of 52.219-6. [] (iii) Alternate II (Mar 2004) of 52.219-6. [] (10)(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] (11) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)). [] (12)(i) 52.219-9, Small Business Subcontracting Plan (JUL 2010) (15 U.S.C. 637(d)(4)). [] (ii) Alternate I (Oct 2001) of 52.219-9. [] (iii) Alternate II (Oct 2001) of 52.219-9. [] (iv) Alternate III (JUL 2010) of 52.219-9. [] (13) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)). [] (14) 52.219-16, Liquidated Damages--Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). [] (15)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer.) [] (ii) Alternate I (June 2003) of 52.219-23. [] (16) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (APR 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). [] (17) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). [] (18) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f). [X] (19) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2009) (15 U.S.C 632(a)(2)). [X] (20) 52.222-3, Convict Labor (June 2003) (E.O. 11755). [] (21) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JUL 2010) (E.O. 13126). [X] (22) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). [X] (23) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). [X] (24) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). [X] (25) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793). [X] (26) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). [X] (27) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) [] (28)(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.) [] (29) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b). [] (30)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423). [] (ii) Alternate I (DEC 2007) of 52.223-16. [] (31) 52.225-1, Buy American Act--Supplies (FEB 2009) (41 U.S.C. 10a-10d). [] (32)(i) 52.225-3, Buy American Act--Free Trade Agreements-- Israeli Trade Act (JUN 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53 and 109-169, 109-283, and 110-138). [] (ii) Alternate I (Jan 2004) of 52.225-3. [] (iii) Alternate II (Jan 2004) of 52.225-3. [] (33) 52.225-5, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). [X] (34) 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). [] (35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). [] (36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). [] (37) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). [] (38) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). [] (39) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). [X] (40) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332). [] (41) 52.232-36, Payment by Third Party (FEB 2010) (31 U.S.C. 3332). [] (42) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). [] (43)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). [] (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [] (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). [] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). Employee Class Monetary Wage-Fringe Benefits [] (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). [] (4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). [] (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). [] (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.). [] (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009)(Pub. L. 110-247) [] (8) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (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 $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) [Reserved] (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (vii) [Removed and reserved] (viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements "(Nov 2007)" (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (FEB 2009)(41 U.S.C. 351, et seq.). (xii) 52.222-54, Employee Eligibility Verification (JAN 2009) (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009)(Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 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.7 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.8 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 Massachusetts. 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.9 VAAR 852.273-76 ELECTRONIC INVOICE SUBMISSION (Interim - October 2008) (a) To improve the timeliness of payments and lower overall administrative costs, VA strongly encourages contractors to submit invoices using its electronic invoicing system. At present, electronic submission is voluntary and any nominal registration fees will be the responsibility of the contractor. VA intends to mandate electronic invoice submission, subject to completion of the federal rulemaking process. At present, VA is using a 3rd party agent to contact contractors regarding this service. During the voluntary period, contractors interested in registering for the electronic system should contact the VA's Financial Services Center at http://www.fsc.va.gov/einvoice.asp. (End of Addendum to 52.212-4) SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS D.1 CONTRACTOR PERSONNEL SECURITY REQUIREMENTS All contractor employees who require access to the Department of Veterans Affairs' computer systems shall be the subject of a background investigation and must receive a favorable adjudication from the VA Office of Security and Law Enforcement prior to contract performance. This requirement is applicable to all subcontractor personnel requiring the same access. If the investigation is not completed prior to the start date of the contract, the contractor will be responsible for the actions of those individuals they provide to perform work for VA. 1. Position Sensitivity - The position sensitivity has been designated as LOW RISK 2. Background Investigation - The level of background investigation commensurate with the required level of access is National Agency Check. 3. Contractor Responsibilities a. The VA shall bear the expense of obtaining background investigations. b. The contractor shall prescreen all personnel requiring access to the computer systems to ensure they are able to read, write, speak, and understand the English language. c. The contractor shall submit or have their employees submit the following required forms to the VA Office of Security and Law Enforcement within 30 days of receipt: (i) Standard Form 85P, Questionnaire for Public Trust Positions (ii) Standard Form 85P-S, Supplemental Questionnaire for Selected Positions (iii) FD 258, U.S. Department of Justice Fingerprint Applicant Chart (iv) VA Form 0710, Authority for Release of Information Form (v) Optional Form 306, Declaration for Federal Employment (vi) Optional Form 612, Optional Application for Federal Employment d. The contractor, when notified of an unfavorable determination by the Government, shall withdraw the employee from consideration from working under the contract. e. Failure to comply with the contractor personnel security requirements may result in termination of the contract for default. 4. Government Responsibilities a. The VA Office of Security and Law Enforcement will provide the necessary forms to the contractor or to the contractor's employees after receiving a list of names and addresses. b. Upon receipt, the VA Office of Security and Law Enforcement will review the completed forms for accuracy and forward the forms to OPM to conduct the background investigation. c. The VA facility will pay for investigations conducted by the Office of Personnel Management (OPM) in advance. In these instances, the contractor will reimburse the VA facility within 30 days. d. The VA Office of Security and Law Enforcement will notify the contracting officer and contractor after adjudicating the results of the background investigations received from OPM. e. The contracting officer will ensure that the contractor provides evidence that investigations have been completed or are in the process of being requested. D. 2 STATEMENT OF COMMITMENT AND UNDERSTANDING FOR VA CONTRACTOR EMPLOYEES WHO POSSESS OR HANDLE VA SENSITIVE INFORMATION OR PERSONAL DATA As a contractor employee of the Department of Veterans Affairs (VA), I am committed to safeguarding the personal information that veterans and their families have entrusted to the Department. I am also committed to safeguarding the personal information which VA employees and applicants have provided. To ensure that I understand my obligations and responsibilities in handling the personal information of veterans and their families, I have completed both the annual General Privacy Awareness Training (or VHA Privacy Training, as applicable) and the annual VA Information Security Training. I know that I should contact the Contracting Officer whom will then get in touch with the Information Security Officer or Regional or General Counsel, when I am unsure whether or how I may gather or create, maintain, use, disclose or dispose of information about veterans and their families, and VA employees and applicants. I further understand that if I fail to comply with applicable confidentiality statutes and regulations, I may be subject to civil and criminal penalties, including fines and imprisonment. I also recognize that VA may impose sanctions, up to and including termination of contract for violation of applicable confidentiality and security statutes, regulations and policies. I certify that I have completed the training outlined above and am committed to safeguarding personal information about veterans and their families, and VA employees and applicants. ________________________________________________________ [Print or type name] Signature _________________________________________________________ Position Title Date D.3 PRIVACY POLICY TRAINING All contractor and subcontractor employees performing work under this contract and having access to patient records and other privacy act information are required to complete the VHA's mandatory "VHA Privacy Policy" training course. The course is available on-line at the Veteran's Health Administration's (VHA) Employee Education System (EES) website: https://www.ees-learning.net. The basic course is designed to be finished in 50-60 minutes. If you choose to read information behind the MORE buttons, self-test questions, and scenarios, it may take you about 30 more minutes to finish. When the course is successfully completed, a training certificate will be issued on-line. Submittal: Training completion certificates or proof of training for contractor furnished training for all applicable contractor and subcontractor employees shall be forwarded as one submittal package to the Contracting Officer within ten (10) calendar days of Contract or Purchase Order award. D.4 INFORMATION SECURITY TRAINING All contractor and subcontractor employees performing work under this contract and having access to VA computer systems are required to complete the VA's mandatory "VA Information Security Awareness" training course. The course is available on-line at the Veteran's Health Administration's (VHA) Employee Education System (EES) website: https://www.ees-learning.net. The course is designed to take approximately 1 hour. When the course is successfully completed, a training certificate will be issued on-line. Submittal: Training completion certificates for all applicable contractor and subcontractor employees shall be forwarded as one submittal package to the Contracting Officer within ten (10) calendar days of Contract or Purchase Order award.
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