36C24218Q0227-001.docx

36C24218Q0227

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. 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. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES 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 SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

528-18-2-4303-0025 36C24218Q0227 03-08-2018 HARSCH, MICHELLE Michelle.Harsch@va.gov 585-297-1460 x72469 04-0 -2018 3:00pm VISN 2 NCO Upstate NY Department of Veterans Affairs Western New York Healthcare System 2875 Union Road, Suite 3500 Cheektowaga NY 14227 X X Y 541380 $15 Million X N/A X Department of Veterans Affairs WNY Healthcare System Buffalo VAMC 3495 Bailey Avenue Buffalo NY 14215 Department of Veterans Affairs Western New York Healthcare System Network Contracting Office/ATTN 90NCA 2875 Union Road, Suite 3500 Cheektowaga NY 14227

Tungsten Network http://www.tungsten-network.com/us/en /veterans-affairs

See CONTINUATION Page Diagnostic Imaging CT and X-Ray Equipment Inspections as as specified in the Statement of Work (SOW) included herewith.

See CONTINUATION Page 528-3680160-4303-822200 0100L0090 X X X One Michelle A. Harsch Contracting Officer Table of Contents

B.4 STATEMENT OF WORK…………………………………………………………………….5

B.5 PRICE SCHEDULE…………………………………………………………

E.9 52.204-22 ALTERNATIVE LINE ITEM PROPOSAL ……………………………….…62

E.10 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008)…..…..63

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 36C242 Michelle A. Harsch

2875 Union Road, Suite 3500 Cheektowaga NY 14227

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

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.

Tungsten Network http://www.tungsten-network.com/us/en/veterans-affairs

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.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.

B.3 SUBCONTRACTING COMMITMENTS--MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes VAAR 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, and VAAR 852.215-71, Evaluation Factor Commitments. Accordingly, any contract resulting from this solicitation will include these clauses. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) to assist in assessing contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the contractor's business records or other proprietary data to review such business records regarding contract 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 compliance with the subcontracting commitments.

B.4 STATEMENT OF WORK

VAWNYHS Diagnostic X-Ray Imaging Equipment Medical Physics Contract The Contractor shall furnish all labor, material, supplies, equipment, and qualified personnel to provide on-site diagnostic medical physics support services for the VA Western New York Healthcare System (VAWNYHS), to include Buffalo and Batavia VAMCs. Contractor shall offer a diverse, multi-modality experienced team of qualified Medical Physics professionals.

General Requirements

1. Contractor shall perform quarterly, semi-annual and annual Quality Assurance Testing (QA) on existing diagnostic x-ray equipment (Radiographic, Fluoroscopic, and Computed Tomography (CT)) to meet the requirements of the New York State Department of Health (NYSDOH). Testing shall conform to US FDA and the Conference of Radiation Control Program Director’s (CRCPD) in accordance with VHA Handbook 1105.04, Fluoroscopy Safety dated July 6, 2012, recommendations of the American College of Radiology (ACR), and guidance of the American Association of Physicists in Medicine (AAPM). Nuclear Medicine, PET, and MRI Scanners shall be tested annually to meet the Joint Commission healthcare standards.

The Contractor shall comply with radiation protection standards in 29 CFR 1910.1096 and immediately report to the Radiation Safety Officer (RSO) any unsafe conditions with the potential of adversely impacting the facility’s radiation workers or patients.

2. Additional testing required:

a) Acceptance testing of new devices including Radiation Protection Surveys of the facility as defined in the National Council on Radiation Protection and Measurements (NCRP) Report No. 147, Structural Shielding Design for Medical X-Ray Imaging Facilities.

b) Retesting of repaired or adjusted equipment within 30 days of the repair or adjustment. This testing may be limited to features and parameters that would be affected by the repairs or modifications. In order to maintain functionality and minimize the effect on patient care the Contractor shall be available to provide testing within four (4) hours.

3. Contractor shall provide written reports of test results within 30 days of testing.

4. Contractor shall provide a list of key personnel specifying each individual's education, certification and licensure.

a) Work must be performed by or overseen by a qualified Diagnostic Medical Physicist certified by the American Board of Radiology and American Board of Medical Physics.

5. The qualified Diagnostic Medical Physicist shall assist in the development of a comprehensive technical quality assurance (QA) program (e.g., technique charts, repeat/reject analysis monitoring, monitoring of exposure indices to radiographic image receptors, QA program for display monitors, QA for CT, monitoring of dose metrics from fluoroscopy studies), that complies with ACR and CRCPD recommendations, for all modalities.

a) The qualified Diagnostic Medical Physicist shall annually review the Imaging Service’s QA program. A written report of the results shall be provided to the service supervisor or RSO within 15 working days after performing the inspection.

b) The qualified Diagnostic Medical Physicist shall perform a follow-up inspection to verify compliance with any necessary corrective action required to correct deficiencies found.

7. Contractor shall provide required equipment testing and technical support of the VAWNYHS effort to gain ACR Accreditation for various imaging modalities.

8. Contractor shall provide technical guidance with the calculation of patient radiation exposure for various imaging modalities. Part of this technical guidance requires the contractor to perform the calculation process with the on-site Health Physicist.

10. Contractor shall provide oversight and guidance for CT Dose Optimization efforts including ongoing review of CT scanning protocols to help reduce possible radiation dose for those procedures.

11. Contractor shall provide written Standard Operating Procedures (SOP) or access to SOP’s to the VAWNYHS for all routine and non-routine tests and evaluations before those tests or evaluations are performed.

a) If SOP’s are revised the contractor shall supply those to the VAWNYHS before the revised SOP’s are utilized.

12. Contractor shall provide a review of diagnostic imaging room shielding design calculations and room design. The qualified diagnostic medical physicist shall perform a shielding survey to verify the structural shielding was installed per the shielding design report and complies with the design goals.

13. Contractor shall provide an annual evaluation of fluoroscopic Interventional Reference Point radiation detector calibration.

14. List of equipment to be tested.

Buffalo VA:

Batavia VA:

Scheduling and Response Times

1. All quarterly, semi-annual, and annual tests shall be scheduled in advance by the service supervisor. To ensure regulatory compliance, the Contractor shall provide required testing within (7) seven days when required by the Government.

2. Testing is required within 30 days of repair or modification to equipment, and shall be requested by the VAWNYHS.

a) In order to maintain functionality and minimize the effect on patient care, the Contractor shall be able to provide testing within four (4) hours, upon request.

3. Testing of new devices require a seven (7) day response from time of request in order to maintain functionality and minimize the effect on patient care.

Equipment Performance Evaluation and Quality Assurance Tests A. Radiographic and Fluoroscopic Equipment:

Quarterly QA Tests:

1. Radiographic

2. Fluoroscopic and Spot Film

a. X-Ray Field to Image Receptor Alignment Semi-Annual Radiographic & Fluoroscopic QA Tests:

1. Radiographic & Fluoroscopic kVp Accuracy

2. Radiographic mAs Linearity

3. Radiographic Timer Accuracy and

4. Radiographic Exposure Reproducibility

4. Fluoroscopic High Contrast (Spatial) Resolution

5. Fluoroscopic Low Contrast Resolution

6. Automatic Exposure Control (AEC) System Reproducibility (for each image receptor)

7. Exposure Switch Function Annual Radiographic & Fluoroscopic QA Tests/Evaluations:

1. Radiographic and Fluoroscopic Beam Quality Assessment (HVL determination)

2. Fluoroscopic Timer Function

3. Fluoroscopic entrance exposure rate (or air kerma rate). Maximum output and typical output using a phantom representing a standard size patient for all clinically used settings, including all image receptor sizes. [The mode of operation [e.g., magnification mode, frame rate, and any other mode selected) must be documented for each measurement.]

4. Fluoroscopic Acquisition (image recording) entrance exposure rate (or air kerma rate) for cine imaging, if performed and entrance exposure (or air kerma) for spot images (if performed). Maximum output and output using a phantom representing a standard size patient for all clinically used settings. [The mode of operation (e.g., magnification mode, frame rate, etc.) must be documented for each measurement.]

5. Source Image Distance (SID) Indicator Accuracy

6. Fluoroscopic Timer Performance

7. Fluoroscopic Interventional Reference Point Calibration Verification (f present).

8. Evaluation of Integrity of Unit Assembly

9. Evaluation of Equipment Radiation Safety Functions

10. Grids used with portable x-ray units shall be imaged for uniformity.

11. Video and Digital Monitor Performance

12. Digital Image Receptor Performance B. CT Quality Assurance Tests Annual Tests:

1. Slice Positioning Accuracy

2. Table Travel Accuracy

3. Slice Thickness Accuracy

4. CT Number Calibration

5. Low Contrast Resolution

6. CT Number dependency on kVp

7. Contrast-to-Noise Ratio

8. Image Uniformity

9. Artifact Evaluation

10. In-Plane Distance Measurement

11. CT Dose Index (CTDIvol) Measurement and Evaluation (2 protocols)

12. CT Dose Profile Analysis Semi-Annual Test:

1. CT Dose Profile Analysis C. Joint Commission Testing:

1. Diagnostic CT Scanners*

a) Measures the radiation dose (in the form of volume computed tomography dose index [CTDIvol]) produced by each diagnostic CT imaging system for the following four CT protocols: adult brain, adult abdomen, pediatric brain, and pediatric abdomen. If one or more of these protocols is not used by the hospital, other commonly used CT protocols may be substituted.

b) Verifies that the radiation dose (in the form of CTDIvol) produced and measured for each protocol tested is within 20 percent of the CTDIvol displayed on the CT console.

The dates, results, and verifications of these measurements are documented.

c) Conduct a performance evaluation of all CT imaging equipment. The evaluation includes the use of phantoms to assess the following imaging metrics:

2. MRI Scanners:

a) Conduct a performance evaluation of all MRI imaging equipment including the use of phantoms to assess the following imaging metrics:

3. Nuclear Medicine Scanners:

a) Conduct a performance evaluation of all nuclear medicine imaging equipment. The evaluations are conducted for all the image types produced clinically by each NM scanner (for example, planar and/or tomographic) and include the use of phantoms to assess the following imaging metrics:

4. PET Scanners:

a) Conduct a performance evaluation of all positron emission tomography (PET) imaging equipment. The evaluations are conducted for all the image types produced clinically by each PET scanner (for example, planar and/or tomographic), and include the use of phantoms to assess the following imaging metrics:

acquisitions)

- Artifact evaluation

5. For CT*, MRI, Nuclear Medicine, and PET Scanners:

a) Conduct an evaluation of Image Acquisition Display Monitors for the following metrics:

*Not to include Dental CBCT Units

D. Dental Equipment Testing

The physics inspection shall conform to the Conference of Radiation Control Program Directors (CRCPD) Suggested State Regulations for Control of Radiation, Part F, Diagnostic X-rays and Imaging Systems in the Healing Arts, and the Quality Control Recommendations for Diagnostic Radiography, Volume 1, Dental Facilities July 2001. The performance of dental x-ray inspections shall be annually. This evaluation should include, but not be limited to, the following tests (as applicable):

(1) Collimation.

(2) Beam quality (half value layer).

(3) Timer Accuracy and Reproducibility.

(4) kVp Accuracy and Reproducibility.

(5) mA or mAs Linearity.

(6) Exposure Reproducibility.

(7) Entrance Skin Exposure Evaluation, with comparison to published diagnostic reference levels and achievable doses (e.g., NCRP Report No. 172).

(8) Technique Chart Evaluation.

(9) Image uniformity (artifact evaluation).

Dental CBCT Acceptance and Performance Testing:

1. Acceptance Testing: Acceptance testing and measurements of air kerma at the isocenter for each kVp station for a range of clinically used mAs settings shall be performed when the CBCT unit is installed, and following any move of the CBCT to another area inside or outside the initial clinical site. This testing is to ensure that the equipment performance is in agreement with the manufacturer’s technical specifications.

2. Performance Testing: Each CBCT unit shall undergo periodic quality control tests to insure the performance of the machine has not significantly deteriorated and is operating within the manufacturer’s technical specifications. This performance testing is performed by a qualified expert annually, at intervals not to exceed 14 months, and after repairs to the CBCT unit that may affect the radiation output or image quality.

3. Some manufacturers provide a phantom and procedures to perform machine specific quality assurance (QA) tests. In cases where the manufacturer provides a phantom and procedures to perform specific tests, but the tests are not included in this SOW, then the manufacturer’s machine-specific QA tests shall be performed in addition to the QA tests in this SOW.

Acceptance and Annual physics testing for Dental CBCT:

1. Radiation output Repeatability- Make four measurements of the air kerma at the isocenter at a clinically used setting. The measurements should be less than +/-5% of the average of the five measurements and the measurements should be less than +/- 5% of the previous year’s measurement.

2. Radiation Output Reproducibility - Measure the air kerma at the isocenter for each kVp station and a range of clinically used mAs setting. Compare the results to the baseline values established at the initial acceptance testing. The values should be +/-5% of the baseline.

3. kVp Accuracy - Measure the kVp at all clinically used settings. The measured kVp should be +/-5% of the selected kVp.

4. kVp Repeatability - Make five kVp measurements each for two clinically used kVp settings. All measured values should be +/-5% of the mean kVp.

5. kVp Reproducibility - Measure the kVp at all available kVp settings. The measured values should be +/-5% of the baseline.

6. Beam quality - Measure the half value layer (HVL) for aluminum. The minimum shall comply with Section F.4.d of the Suggested State Regulations for Control of Radiation, Conference of Radiation Control Program Directors.

7. Radiation field of view (FOV) - Measure the width of the radiation field at the isocenter. The width of the beam should be 3 mm or 30% of the total nominal collimated width.

8. Image Quality - Image the phantom provided by the manufacturer or another suitable phantom. Assess high contrast spatial resolution, uniformity of transaxial images, and image noise. Imaging uniformity shall be assessed over the entire range of axial images.

9. Accuracy of Linear Measurements - Using images of an appropriate phantom, assess the accuracy of distance measurements.

10. Accuracy of Patient Dose Metric Indication - Assess the accuracy of the indicated dose metric (typically DAP).

11. Patient Dose Assessment - From a scan or scans using the facility’s standard techniques, record the dose metric (typically DAP) and compare to achievable levels and diagnostic reference levels (if available).

12. Review of the technical QA program - The qualified expert shall review the technical QA program. The review shall include a trend analysis of the QA data. The results of the technical QA program review shall be included in the written report. Any trends that identify problems shall be included in the report along with recommended corrective actions.

13. Display Monitors - Perform a visual analysis of the SMPTE test pattern.

a) Display the test pattern on the imaging console. Set the display window width/level to the manufacturer-specified values for the pattern. Do not set the window/level by eye; doing so invalidates the procedure.

b) Examine the pattern to confirm that the gray level display in the imaging console is subjectively correct. Review the line pair patterns in the center and at each of the corners. Review the black-white transition. Look for any evidence of “scalloping” (loss of bit depth) or geometric distortion.

c) Use a photometer to measure the maximum and minimum monitor brightness (0% and 100% steps)

d) Measure additional steps within the pattern to establish a response curve.

e) Measure the brightness near the center of the monitor and near all 4 corners (or all 4 sides, depending on the test pattern used).

14. Viewing Conditions - Assess the viewing conditions for the area in which the monitor used to evaluation the CBCT studies is located.

E. Display Monitors:

The annual performance evaluation conducted by the diagnostic medical physicist includes testing of image acquisition display monitors for maximum and minimum luminance, luminance uniformity, resolution, and spatial accuracy. The image acquisition display monitors for nuclear medicine, PET, CT, and MRI units shall be tested.

F. Miscellaneous Tests/Evaluations (Radiographic, Fluoroscopic, CT)/Reports

1. Prepare and supply tables of patient radiation exposure for representative radiographic examinations. These tables shall be prepared using measured radiation output data, measured in accordance with the appropriate ACR Technical Standard, with the VAWNYHS providing imaging techniques. These results shall be compared with appropriate guidelines or recommendations to facilitate optimization of x-ray imaging protocols.

2. Prepare and supply tables of appropriate indices of patient dose for fluoroscopic equipment from measurements made by a Medical Physicist, or his/her designee, at clinically-used technique factors. These indices shall include typical and maximal entrance skin dose or air kerma rate for each fluoroscopic mode of operation (e.g. pulse rate and magnification modes). For each image recording mode used clinically, these include the entrance skin dose or air kerma per image or the entrance skin dose or air kerma per second of imaging (e.g. cinefluorography in a cardiac catheterization or vascular labs) for a patient of typical thickness. These results shall be compared with appropriate guidelines or recommendations when they are available.

Performance Period

36C24218Q0227 Option 4 05/01/22 – 04/30/23 Page 1 of Page 1 of

B.5 PRICE SCHEDULE

“The guaranteed minimum award amount for this contract is $100.00. The maximum aggregate value of orders that can be placed under this contract is $500,000.00. The Government does not guarantee that it will place any orders under this contract in excess of the guaranteed minimum award amount.”

Test Est.

Annual Units Base Unit Price Option Price Option Price Option Price Option Price

Quarterly QA Tests:

Radiographic

Fluoroscopic

DR Detector

Semi-Annual QA Tests:

Radiographic

Fluoroscopic

Annual QA Tests:

Radiographic – Routine

Dental Intra-oral –Routine

Dental Panoramic- Routine

Dental CB CT- Routine

DR Detector

Fluoroscopic – Routine

JC Testing:

CT Scanner

MRI Scanner

Nuclear Medicine Scanner

SPECT/CT

Scanner

PET Scanner

CT QA Tests:

Annual

Semi-Annual

Other Services (Acceptance Testing, Testing following Repair or Replacement, CT Dose Optimization , Patient Dose Calculations, Shielding designs, Annual Audit of QA, Re-Audits, Other consults-e.g. – EI QA). (Provide proposed pricing for each item even if the units per hour are zero)

Acceptance Testing (including Radiation Protection Survey):

Conventional radiographic, fluoro-scopic (per tube)

DR (per image receptor)

Dental I/O unit

Dental Panoramic

Dental CB CT

CT Scanner

Repair/Replacement Testing:

Conventional radiographic, fluoro-scopic (per tube)

DR (per image receptor)

Dental I/O unit

Dental Panoramic

Dental CB CT

CT Scanner

CT Dose Optimization (Ongoing Process annually, pricing per Optimization Meeting – 3 per year)

Patient Dose Calculations

Shielding Designs

Annual Audit

Re-Audits

Consults (per/hour)

ACR Accreditation:

Radiographic, fluoroscopic tubes

CT Scanner

MRI Scanner

Nuclear Medicine Scanner

PET Scanner

Total Base Plus 4 Options $

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN 2017)

(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, 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 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 https://www.acquisition.gov.

(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.2 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery…