SF 2018 sol for x-ray.pdf

OMB No. 0990-0115

10-242-SOL-00010

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

04/21/2010

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5300 Homestead Road NE Albuquerque NM 87110

Albuquerque Indian Health Service Multiple

DARRELL CHINO

05/14/2010 1630 MS

FOB DESTINATION

OTHER

(See Schedule)

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

This acquisition is funded in whole with funds made available by the American Recovery and Reinvestment Act of 2009 (ARRA).

The Albuquerque Area Indian Health Service (IHS) has a reqirement for purchase, installation and calibrate of a Diagnostic Medical X-Ray machine for the Taos-Picuris Service Unit located on 1090 Goat Springs Road; Taos, New Mexico.

QUOTE FOR DIAGNOSTIC MEDICAL X-RAY MACHINE TO

INCLUDE ALL SHIPPING AND HANDLING COST:

PRICE QUOTE:$_____________.

Vendor quote for their recommended x-ray unit Continued ...

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

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10-242-SOL-00010

that must minimally meet the specifications and requirements as listed. Optional items and other vendor recommended options must be listed as separate and removel line items for final purchase.

Minimum requirements:

Nominal 50-60 KW High Frequency generator, 3 phase power Floor mount tube stand

AEC (automatic exposure control)

4 way floating table top applications training also quote optional items:

Automatic collimation

Anatomical Programming

Elevating table

Service School training

SCOPE OF WORK:

The vendor shall provide a complete diagnostic medical x-ray system to include all materials, system components, and services as specified.

The Vendor shall provide all travel, personnel, labor, tools, and test equipment to install, program, and calibrate the new x-ray machine to required specifications.

The vendor shall provide the following task(s):

1. The vendor shall provide operator training to end user radiology staff. Training will define operator use, operator programming, and operator maintenance requirements for optimal routine operations.

2. The vendor shall provide new condition and current production model equipment, notify the

Project Officer (PO) if any plans to halt production of proposed system before delivery date and provide option of upgrading to a new model.

3. No equipment shall be delivered to the facility before such time that the facility is ready for immediate installation of the equipment.

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

NAME OF OFFEROR OR CONTRACTOR

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4. The vendor shall participate in site planning activities and provide detailed site planning and installation documents.

5. The vendor shall provide all technical service documents for installation, service and parts manuals, and calibration procedures to end user, and shall provide original and backup copy of programming software.

6. The vendor shall provide copies of all installation diagram, schematics, programming information, and final testing and calibration results to designated Project Officer.

CONTRACTOR RESPONSIBILITIES:

MARKING:

All written correspondence must cite the following Solicitation number: 10-242-SOL-00010.

PERIOD OF PERFORMANCE:

Period of performance shall commence upon award of a contract; equipment shall be installed, calibrate, and operational including the

Radiology staff trained within 180 days of notice to proceed.

PLACE OF PERFORMANCE/INSTALLTION:

Performance of services shall be within the

Radiology Department of the Taos-Picuris Service

Unit located on 1090 Goat Springs Road; Taos, New

Mexico.

CONTRACTING OFFICER RESPONSIBILITY:

The authorities to negotiate changes in the terms and conditions or the amounts cited in the contract are reserved to the Contracting Officer.

DESIGNATION OF PROJECT OFFICER:

Designation of Project Officer is Ken Garvin, NAME OF OFFEROR OR CONTRACTOR

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BMET, Albuquerque Area Office, 5300 Homestead Rd

N.E., Albuquerque, New Mexico 87110, (505)

248-4596, hereby designated the Project Officer to monitor the performance of this order on behalf of the Government. The Project officer will provide no supervisory or instructional assistance to Contractor personnel. The Project

Officer's function is primarily to provide the

Contractor with working data. The Project

Officer is not empowered to make any commitments, nor authorized to make any changes which affect prices, terms, or delivery as specified on this order. Any such proposed changes shall be brought to the immediate attention of the ordering officer for action. The acceptance of any change by the Contractor without specific approval and written consent of the ordering officer will be at the Contractor's own risk.

Alternate Project Officer: Felix Gonzales, Address same as above, Telephone No.: (505)

248-4715.

PROJECT OFFICER AUTHORITY:

The Project Officer listed above is hereby designated to monitor the performance of this order on behalf of the Government. The Project

Officer will provide no supervisory or instructional assistance to Contractor personnel.

The Project Officer's function is primarily to provide the Contractor with working data. The

Project Officer is not empowered to make any commitments, nor authorized to make any changes which affect prices, terms, or delivery as specified on this order. Any such proposed changes shall be brought to the immediate attention of the Ordering Officer for action.

The acceptance of any change by the Contractor without specific approval and written consent of the Ordering Officer will be at the Contractor's own risk.

INVOICE SUBMISSION:

The vendor shall submit invoices directly to the following address:

Division of Accounting Services

Indian Health Service

NAME OF OFFEROR OR CONTRACTOR

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5300 Homestead Road NE

Albuquerque, New Mexico 87110

(505) 248-4568

The following information must be on each invoice.

- Contract No cited on the first page of the award.

- Contractor's Name and Address

- Date of Invoice period

- Hours of services provide during the invoiced period.

- Invoice No.

- Invoice signed and dated, and to include the following

Certification:

"I hereby certify that all services provided and invoiced are for appropriate purposes and in accordance with the terms and conditions of the cited contract"

PAYMENT OFFICE IS:

Albuquerque Indian Health Service

Division of Accounting Services

5300 Homestead Road, NE

Albuquerque, New Mexico 87110

Electronic Funds Transfer (EFT) Disbursed by:

U. S. Department of Treasury

Office of Disbursements

Austin, TX 73301

REPORTING REQUIREMENTS:

1. Delivery and accontablility of equipment shall be documented by the Project Officer.

2. Vendor shall provide all technical documents and specifications for power, space, required cooling, and structural support for the required equipment.

52.204-11 American Recovery and Reinvestment Act

- Reporting Requirements (Mar 2009)

NAME OF OFFEROR OR CONTRACTOR

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(a) Definitions. As used in this clause -

"Contract," as defined in FAR 2.101, means a mutually binding legal relationship obligating the seller to furnish the supplies or services

(including construction) and the buyer to pay for them. It includes all types of commitments that obligate the Government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing. In addition to bilateral instruments, contracts include (but are not limited to) awards and notices of awards; job orders or task letters issued under basic ordering agreements; letter contracts; orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance; and bilateral contract modifications. Contracts do not include grants and cooperative agreements covered by 31 U.S.C.

6301, et seq. For discussion of various types of contracts, see FAR Part 16.

"First-tier subcontract" means a subcontract awarded directly by a Federal Government prime contractor whose contract is funded by the

Recovery Act.

"Jobs created" means an estimate of those new positions created and filled, or previously existing unfilled positions that are filled, as a result of funding by the American Recovery and

Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as "full-time equivalent"

(FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor.

For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

"Jobs retained" means an estimate of those previously existing filled positions that are retained as a result of funding by the American

Recovery and Reinvestment Act of 2009 (Recovery

Act). This definition covers only prime contractor positions established in the United

States and outlying areas (see definition in FAR

2.101). The number shall be expressed as

"full-time equivalent" (FTE), calculated

NAME OF OFFEROR OR CONTRACTOR

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cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

"Total compensation" means the cash and noncash dollar value earned by the executive during the contractor's past fiscal year of the following

(for more information see 17 CFR 229.402(c)(2)):

(1) Salary and bonus.

(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial

Accounting Standards No. 123 (Revised 2004) (FAS

123R), Shared Based Payments.

(3) Earnings for services under non-equity incentive plans. Does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.

(4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

(5) Above-market earnings on deferred compensation which is not tax-qualified.

(6) Other compensation. For example, severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property if the value for the executive exceeds

$10,000.

(b) This contract requires the contractor to provide products and/or services that are funded under the American Recovery and Reinvestment Act of 2009 (Recovery Act). Section 1512(c) of the

Recovery Act requires each contractor to report on its use of Recovery Act funds under this contract. These reports will be made available to the public.

NAME OF OFFEROR OR CONTRACTOR

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(c) Reports from contractors for all work funded, in whole or in part, by the Recovery Act, and for which an invoice is submitted prior to June 30, 2009, are due no later than July 10, 2009.

Thereafter, reports shall be submitted no later than the 10th day after the end of each calendar quarter.

(d) The Contractor shall report the following information, using the online reporting tool available at http://www.FederalReporting.gov .

(1) The Government contract and order number, as applicable.

(2) The amount of Recovery Act funds invoiced by the contractor for the reporting period. A cumulative amount from all the reports submitted for this action will be maintained by the government's on-line reporting tool.

(3) A list of all significant services performed or supplies delivered, including construction, for which the contractor invoiced in this calendar quarter.

(4) Program or project title, if any.

(5) A description of the overall purpose and expected outcomes or results of the contract, including significant deliverables and, if appropriate, associated units of measure.

(6) An assessment of the contractor's progress towards the completion of the overall purpose and expected outcomes or results of the contract

(i.e., not started, less than 50 percent completed, completed 50 percent or more, or fully completed). This covers the contract (or portion thereof) funded by the Recovery Act.

(7) A narrative description of the employment impact of work funded by the Recovery Act. This narrative should be cumulative for each calendar quarter and only address the impact on the contractor's workforce. At a minimum, the contractor shall provide-

(i) A brief description of the types of jobs created and jobs retained in the United States and outlying areas (see definition in FAR 2.101).

NAME OF OFFEROR OR CONTRACTOR

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This description may rely on job titles, broader labor categories, or the contractor's existing practice for describing jobs as long as the terms used are widely understood and describe the general nature of the work; and

(ii) An estimate of the number of jobs created and jobs retained by the prime contractor, in the

United States and outlying areas. A job cannot be reported as both created and retained.

(8) Names and total compensation of each of the five most highly compensated officers of the

Contractor for the calendar year in which the contract is awarded if-

(i) In the Contractor's preceding fiscal year, the Contractor received-

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(ii) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange

Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section

6104 of the Internal Revenue Code of 1986.

(9) For subcontracts valued at less than $25,000 or any subcontracts awarded to an individual, or subcontracts awarded to a subcontractor that in the previous tax year had gross income under

$300,000, the Contractor shall only report the aggregate number of such first tier subcontracts awarded in the quarter and their aggregate total dollar amount.

(10) For any first-tier subcontract funded in whole or in part under the Recovery Act, that is over $25,000 and not subject to reporting under paragraph 9, the contractor shall require the subcontractor to provide the information described in (i), (ix), (x), and (xi) below to

NAME OF OFFEROR OR CONTRACTOR

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the contractor for the purposes of the quarterly report. The contractor shall advise the subcontractor that the information will be made available to the public as required by section

1512 of the Recovery Act. The contractor shall provide detailed information on these first-tier subcontracts as follows:

(i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor's parent company, if the subcontractor has a parent company.

(ii) Name of the subcontractor.

(iii) Amount of the subcontract award.

(iv) Date of the subcontract award.

(v) The applicable North American Industry

Classification System (NAICS) code.

(vi) Funding agency.

(vii) A description of the products or services

(including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.

(viii) Subcontract number (the contract number assigned by the prime contractor).

(ix) Subcontractor's physical address including street address, city, state, and country. Also include the nine-digit zip code and congressional district if applicable.

(x) Subcontract primary performance location including street address, city, state, and country. Also include the nine-digit zip code and congressional district if applicable.

(xi) Names and total compensation of each of the subcontractor's five most highly compensated officers, for the calendar year in which the subcontract is awarded if-

(A) In the subcontractor's preceding fiscal year, the subcontractor received-

(l) 80 percent or more of its annual gross

NAME OF OFFEROR OR CONTRACTOR

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revenues in Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and

(2) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and

(B) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange

Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section

6104 of the Internal Revenue Code of 1986.

Period of Performance: 04/26/2010 to 10/18/2010

52.213-4 Terms and Conditions - Simplified

Acquisitions (Other Than Commercial Items) (Dec

2009)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.222-3, Convict Labor (June 2003) (E.O.

11755).

(ii) 52.222-21, Prohibition of Segregated

Facilities (Feb 1999) (E.O. 11246).

(iii) 52.222-26, Equal Opportunity (Mar 2007)

(E.O. 11246).

(iv) 52.222-50, Combating Trafficking in Persons

(Feb 2009) (22 U.S.C. 7104(g)).

(v) 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).

(vi) 52.233-3, Protest After Award (Aug 1996) (31

U.S.C. 3553).

(vii) 52.233-4, Applicable Law for Breach of

Contract Claim (Oct 2004) (Pub. L. 108-77, NAME OF OFFEROR OR CONTRACTOR

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108-78).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (Apr 1984).

(ii) 52.232-8, Discounts for Prompt Payment (Feb

2002).

(iii) 52.232-11, Extras (Apr 1984).

(iv) 52.232-25, Prompt Payment (Oct 2008).

(v) 52.233-1, Disputes (July 2002).

(vi) 52.244-6, Subcontracts for Commercial Items

(Dec 2009).

(vii) 52.253-1, Computer Generated Forms (Jan

1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.222-19, Child Labor-Cooperation with

Authorities and Remedies (Aug 2009) (E.O.

13126).(Applies to contracts for supplies exceeding the micro-purchase threshold.)

(ii) 52.222-20, Walsh-Healey Public Contracts Act

(Dec 1996) (41 U.S.C. 35-45) (Applies to supply contracts over $10,000 in the United States, Puerto Rico, or the U.S. Virgin Islands).

(iii) 52.222-35, Equal Opportunity for Special

Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C.

4212) (Applies to contracts of $100,000 or more).

(iv) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793)

(Applies to contracts over $10,000, unless the work is to be performed outside the United States by employees recruited outside the United

States.) (For purposes of this clause, United

States includes the 50 States, the District of

NAME OF OFFEROR OR CONTRACTOR

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Columbia, Puerto Rico, the Northern Mariana

Islands, American Samoa, Guam, the U.S. Virgin

Islands, and Wake Island.)

(v) 52.222-37, Employment Reports on Special

Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C.

4212) (Applies to contracts of $100,000 or more).

(vi) 52.222-41, Service Contract Act of 1965, (Nov 2007) (41 U.S.C. 351, et seq.) (Applies to service contracts over $2,500 that are subject to the Service Contract Act and will be performed in the United States, District of Columbia, Puerto

Rico, the Northern Mariana Islands, American

Samoa, Guam, the U.S. Virgin Islands, Johnston

Island, Wake Island, or the outer continental shelf lands.)

(vii) 52.223-5, Pollution Prevention and

Right-to-Know Information (Aug 2003) (E.O. 13148)

(Applies to services performed on Federal facilities).

(viii) 52.223-15, Energy Efficiency in

Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR- Program or Federal

Energy Management Program (FEMP) will be-

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(C) Furnished by the Contractor for use by the

Government; or

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance.)

(ix) 52.225-1, Buy American Act-Supplies (Feb

2009) (41 U.S.C. 10a-10d) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use within the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the

NAME OF OFFEROR OR CONTRACTOR

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micro-purchase threshold and the acquisition--

(A) Is set aside for small business concerns; or

(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed

$25,000.)

(x) 52.232-33, Payment by Electronic Funds

Transfer-Central Contractor Registration (Oct

2003). (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the Central Contractor Registration

(CCR) database as its source of EFT information.)

(xi) 52.232-34, Payment by Electronic Funds

Transfer-Other than Central Contractor

Registration (May 1999). (Applies when the payment will be made by EFT and the payment office does not use the CCR database as its source of EFT information.)

(xii) 52.247-64 Preference for Privately Owned

U.S.-Flag Commercial Vessels (Feb 2006) (46

U.S.C. App. 1241). (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).)

(2) Listed below are additional clauses that may apply:

(i) 52.209-6, Protecting the Government's

Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment

(Sep 2006) (Applies to contracts over $30,000).

(ii) 52.211-17, Delivery of Excess Quantities

(Sep 1989) (Applies to fixed-price supplies).

(iii) 52.226-6, Promoting Excess Food Donation to

Nonprofit Organizations. (Mar 2009) (Pub. L. 110

247) (Applies to contracts greater than $25,000 that provide for the provision, the service, or the sale of food in the United states.)

(iv) 52.247-29, F.o.b. Origin (Feb 2006) (Applies to supplies if delivery is f.o.b. origin).

(v) 52.247-34, F.o.b. Destination (Nov 1991)

(Applies to supplies if delivery is f.o.b.

destination).

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(c) FAR 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): www.arnet.gov

52.202-1 Definitions (JUL 2004)

52.203-15 Whistleblower Protections Under the

American Recovery and Reinvestment Act of 2009

(MAR 2009)

52.215-2 Audit and Records - Negotiation (MAR

2009)

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only 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. The Government must exercise its postacceptance rights --

(1) Within a reasonable period of 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.

(e) 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

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shall promptly give written notice to the

Contracting Officer of the cessation of such occurrence.

(f) 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 that 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 that reasonably could have been avoided.

(g) 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.

(h) 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.

HEALTH & HUMAN SERVICES ACQUISITION REGULATION

NAME OF OFFEROR OR CONTRACTOR

17 17

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

10-242-SOL-00010

CLAUSES (48 CFR CHAPTER 3)

352.202-1 Definitions 1/2006

352.232-9 Withholding of Contract Payments 4/1984

352.270-13 Tobacco-Free Facilities 1/2006

AWARD:

Award shall be made to the lowest evaluated

Offeror who is determined responsive and responsible. The award shall be a Firm-Fixed

Price Purchase Order for Request for Quotation

10-242-SOL-0010.