36C24424Q0491_1.docx
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- Solicitation number
- 36C24424Q0491
About this file
This document is a solicitation for a contract to provide online journal subscription services to the Lebanon VA Medical Center and five affiliated VA Community Clinics. The contractor will be responsible for managing subscriptions, serving as the fiscal agent with publishers, ensuring timely delivery of subscriptions, and providing administrative support services.
The period of performance is an eight-month base period with four one-year option periods, for a total potential contract duration of five years. The contract is unrestricted but has a set-aside for small business. Offerors must submit their proposal by April 8, 2024. The contract will award on March 29, 2024. Pricing is requested for the base period and each of the four option years. The required journals are listed in Appendix A, though this is not intended to be an all-inclusive list. Key administrative requirements include providing claims handling, electronic access changes, usage reporting, and warehousing of back issues.
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36C24424Q0491
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.
UEI:
EFT:
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. NOV 2021)
PREVIOUS EDITION IS NOT USABLE
Prescribed by GSA - FAR (48 CFR) 53.212
7. FOR SOLICITATION
INFORMATION CALL:
STANDARD FORM 1449
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
595-24-3-026-0005 36C24424Q0491 03-2 -2024 Derrick L. Maruski 412-638-9198 -2024
3:00 PM
EDT
36C244 Department of Veterans Affairs VA Medical Center - Lebanon Services 5 1700 S. Lincoln Ave.
Lebanon PA 17042 X X 519290 1000 Employees N/A X 36C542 Department of Veterans Affairs Coatesville VA Medical Center 1700 S. Lincoln Avenue Lebanon, PA 17042
36C244 Department of Veterans Affairs Network Contracting Office 4 ATTN: Derrick L. Maruski 1700 S. Lincoln Ave.
Lebanon PA 17042
Austin Payment Center Department of Veterans Affairs PO Box 149971 Austin, TX 78714--9791
(877) 353-9791
(512) 460-5429 Subject: E-Journal Subscription Services for the Lebanon VA Medical Center.
X X Keith J. Costantino Contracting Officer Table of Contents
| SECTION A | 1 |
| A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES | 1 |
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 3 |
| B.1 CONTRACT ADMINISTRATION DATA | 3 |
| B.2 STATEMENT OF NEED | 3 |
| B.3 PRICE/COST SCHEDULE | 9 |
| ITEM INFORMATION | 9 |
| SECTION C - CONTRACT CLAUSES | 25 |
| C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023) | 25 |
| C.2 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021) | 31 |
| C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) | 32 |
| C.4 VAAR 852.204-71 INFORMATION AND INFORMATION SYSTEMS SECURITY (FEB 2023) | 33 |
| C.5 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION) | 42 |
| C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) | 43 |
| C.7 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) | 44 |
| C.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 45 |
| C.9 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018) | 45 |
| C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2023) (DEVIATION) (JAN 2024) | 45 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 55 |
| SECTION E - SOLICITATION PROVISIONS | 56 |
| E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023) | 56 |
| E.2 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023) | 60 |
| E.3 VAAR 852.239-71 INFORMATION SYSTEM SECURITY PLAN AND ACCREDITATION (FEB 2023) | 61 |
| E.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 61 |
| E.5 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) | 62 |
| E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023) | 62 |
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
1. Contract Administration: All contract administration matters will be handled by the following individuals:
a. CONTRACTOR: TO BE DETERMINED
b. GOVERNMENT: Department of Veterans Affairs VA Medical Center - Lebanon Services 4 1700 S. Lincoln Ave.
Lebanon PA 17042
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
| [X] |
| 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or |
| [] |
| 52.232-36, Payment by Third Party |
3. INVOICES: Invoices shall be submitted in arrears:
| a. Quarterly | [] |
| b. Semi-Annually | [] |
| c. Other | [x] |
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.
https://www.tungsten-network.com/customer-campaigns/veteransaffairs/ ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
| AMENDMENT NO |
| DATE |
36C24424Q0491
B.2 STATEMENT OF NEED
SCOPE OF WORK:
The Contractor shall be responsible for the management, labor, and equipment necessary to provide subscriptions for journals, online and print, from multiple publishing houses to the Lebanon Veterans Affairs Medical Center (VAMC) and five (5) Veterans Affairs Community Clinics (VACCs). Subscriptions shall include single or multiple addresses for domestic and foreign periodicals and related services. Related services include paying publishes, handling claims for non-receipt, cancellations, submission of required reports and other service problems.
PERIOD OF PERFORMANCE
The period of performance is an eight (8) month base period with an option to extend for four subsequent years, with an ultimate end date of December 31, 2028
Base year: April 15, 2024 – December 31, 2024 Option Year 1: January 1, 2025 – December 31, 2025 Option Year 2: January 1, 2026 – December 31, 2026 Option Year 3: January 1, 2027 – December 31, 2027 Option Year 4: January 1, 2028 – December 31, 2028
PLACE OF PERFORMANCE
Lebanon VA Medical Center Library | 1700 S. Lincoln Ave, Lebanon, PA 17042
· Berks County VACC | 2762 Century Boulevard Ridgeview Professional Center Suite 120, Wyomissing, PA 19610-3345
· Cumberland County VACC | 5070 Ritter Road Rossmoyne Business Park, Mechanicsburg, PA 17055-4824
· Lancaster County VACC | 212 Willow Valley Lakes Drive Suite 208, Willow Street, PA 17584-9668
· Schuylkill County VACC | 1410 Laurel Boulevard Suite 2, Pottsville, PA 17901-1427
· York County VACC | 2251 Eastern Boulevard Suite 101, York, PA 17402-2917
GENERAL REQUIREMENTS
Subscription Orders: Contractor shall provide basic subscription orders that would include all of the tasks necessary to execute and manage orders for new and renewal subscriptions to serial publication subscriptions and point of care database subscriptions. These tasks fall into the following four critical areas, described in detail elsewhere in the solicitation:
· Ordering subscriptions
· Serving as the fiscal agent with publishers, including making timely prepayments, processing refunds, claims, supplemental and bill-later charges
· Ensuring timely and complete delivery of ordered subscriptions in either electronic or print formats
· Providing reports and other administrative support for subscriptions management.
Lebanon VAMC acknowledges that some publications will require license agreements to be signed, if any license agreement is signed or incorporated into the contract, these agreements shall not supersede the Code of Federal Regulations, the Federal Acquisition Regulation or the terms and conditions of this Contract.
List of required journal titles found in Appendix A
SPECIFIC REQUIREMENTS
Subscription Periods. Publisher permitting, the Contractor shall be required to place subscriptions at any time during the year, to provide common expiration dates for initial subscription and renewals whenever possible, and to assist in prorating for common expiration dates, as required.
· The Contractor shall provide administrative and other requirements for each subscription placed until three months after its expiration or for the life of the subscription. (e.g., the publication of the last issue covered by that subscription period)
Continuations. During each of the option years, estimates of such continuations will be included on renewal lists to ensure funding availability is maintained. After titles have been invoiced, the Contractor shall supply, at no charge, a listing by title showing titles billed versus those not yet billed. Contractor shall provide notification of invoiced subscriptions and associate price. Lebanon VAMC Library point of contact (POC) will determine whether to proceed with renewal.
Subscription Renewals. Contractor shall provide subscription orders for all subscriptions in all media generally available via agents from foreign and domestic publishers once the ordering customer provides enough publication information. After the initial base contract, the Contractor shall forward a copy of the renewal list to Lebanon VAMC by August 1. Lebanon VAMC will review the confirmation list for accuracy, make any editing or other changes, and forward the confirmation list to the Contractor. Contractor shall place the renewal orders in an electronic format with the publishers within ten (10) business days of receiving the confirmation list or authorization order, whichever is later. In the case where follow up is required by the Contractor before an order can be placed, the Contractor shall notify Lebanon VAMC within five (5) business days of the problem and resolve within 5 business days.
· The Contractor shall supply materials from a wide range of publishers
Contractors shall provide an annual catalog of periodical titles available. The catalog shall be available to the customer electronically, e.g., via Internet, at no additional charge to the agency. The catalogs shall have as a minimum the following information:
· Titles
· ISSN or ISBN
· Cost
· Frequency
· Enumeration
· Descriptive Information (e.g., title changes with cross references; memberships, if available; publisher, if available)
· Documented constraints
· Instructions for electronic access to the publications
Payment:
· The Contractor shall pay all regular subscription orders in advance.
· The Contractor shall make additional payments as necessary and be required to adjust for unforeseen contingencies, such as currency fluctuations, additional volumes.
· The Contractor shall maintain complete records of all bibliographic and financial transactions for up to three years. The Contractor shall provide Lebanon VAMC immediate access to these records on demand. If required by Lebanon VAMC, the Contractor shall provide copies of these documents at no cost. The Contractor shall retain the original records on-site.
Administrative Services. The Contractor shall provide the following administrative services to support subscription ordering services:
· Refunds for Cancellations – When a refund has been requested due to timely cancellation (in accordance with the agreed upon cancellation/refund policy of the publisher) of a subscription, Contractor shall provide a contractor credit for the amount refunded by the publisher and notify Lebanon VAMC’s POC. Contractor shall provide Lebanon VAMC with the option of receiving a refund or accepting a credit when refunds are due and notify project manager.
· Ship-To Addresses/Distribution – Contractor shall support multiple electronic delivery methods which will be established upon contract award.
· Change of Electronic Delivery Location – Contractor shall notify the publisher of changes of electronic delivery location within five (5) business days of notification by the consignee. The contractor shall inform Lebanon VAMC if there is any increase in price due to this change, if the change in location results in a change in price, Lebanon VAMC will accomplish this change via a modification.
· Membership Entitlements – Contractor shall note in the invoice all publications and/or materials received through memberships (e.g., title, frequency, quantity of each publication, and special membership benefits).
· Sample Copies – Contractor shall request sample copies of periodicals when requested to do so by Lebanon VAMC. The contractor shall also provide pertinent information on new titles.
· Back Issues – Publisher permitting, upon request from Lebanon VAMC, the contractor shall acquire back issues of a title for up to on (1) year prior to the date of the current volume.
· Communication – The Contractor shall assign a representative by name, and a toll-free telephone number, to provide personalized assistance to the Lebanon VAMC between the hours of 8:00 a.m. and 4:30 p.m., Eastern Standard Time. Contractor shall respond to messages within 24 hours, or the next business day.
· Contractor shall email all administrative information not covered in information bulletins (excluding claims) to the Lebanon VAMC POC.
Claims for missing, defective, or mutilated issues. The Contractor shall be the contract liaison for the Lebanon VAMC Library in obtaining from the publisher replacement copies of periodicals found to be defective, mutilated, lost in transit, or otherwise missing, provided the loss is reported within sixty calendar days. Contractor shall provide back issue ordering if requested. Contractor shall respond to Lebanon VAMC’s claims within ten (10) calendar days of the claim. The Contractor shall offer electronic claims services at no additional charge. The Contractor shall, upon request of the government, demonstrate or make available for review its electronic claims system prior to contract award.
· The Contractor shall provide the Lebanon VAMC Library with the necessary training and written documentation to enable each place of performance to effectively use the electronic claiming system.
· The Contractor shall supply the Lebanon VAMC and all "ship-to" addressees with full service assistance in claiming missing issues.
· The Contractor shall handle claims for any subscription for up to three months after the life of the subscription.
Notification Of Ceased Or Discontinued Titles. Contractors shall notify Lebanon VAMC Library of any ceased or discontinued titles within thirty (30) calendar days.
Rush Orders. Upon receipt of a rush order request from Lebanon VAMC POC, the contractor shall communicate the rush order to the publisher within 24-hours. If the publisher will not accept the order without prior payment, the contractor shall send out such payment within that same 24-hour period. Contractor shall accept orders of any size, at any time, without adding any penalty fee.
Library Management Reports.
· Specifications – Contractor shall provide listings containing all or part of the following information as specified by Lebanon VAMC and shall describe their capabilities to provide listings and reports in the desired Microsoft Office format.
· Title
· Ship-to-address
· Invoice-item number
· Purchase order (PO) number
· Subscription period
· Quantity
· Frequency
· Price with adjustments and estimates
· Volume
· ISSN or ISBN
· Station number
· Publisher
· Sorting - Contractor reports shall be formatted so that Lebanon VAMC has the capability of sorting, subtotaling, and retotaling the reports by any of the above included fields of information.
· Medium - Contractor shall provide reports in the desired Microsoft Office format, with optional print delivery of reports. Lebanon VAMC retains the right to choose which format to receive.
· Minimum Required Reports - At a minimum, Contractor shall provide the following reports at no charge:
· Claims List – The Contractor shall provide Lebanon VA Medical Center with a monthly listing of all outstanding claims and any responses received from the publishers. The report shall be cumulative, by title, for all unresolved claims.
· Subscription Status Information –Contractor shall notify Lebanon VAMC in writing of any irregularity or change in subscription status, such as: “bill-later,” non-cancelable, slow, irregular, discontinued, order direct, standing order, split title, not due for renewal at this time, period restricted, establishing contact with publisher, temporarily suspended publication, foreign title, estimated price, and price increases since last billing published price on a monthly basis.
· Annual Spending and Title Report – Contractor shall provide a consolidated report to the POC detailing the titles ordered, the quantity, and total price per title.
Required Reports. Copies of all final orders from Lebanon VAMC shall be emailed to vhalno@va.gov. The Library Network Office (LNO) requires notification of finalized orders to allow adjustments to local facilities' LibLynx and Serials Solutions accounts. Reports shall indicate a title level listing of resources purchased. This list includes:
· Single online journal subscriptions purchased outside of a database or package
· Database purchases
· Backfile purchases by title or package name
· Point of care products
· Journal package names
· Any other formats that can affect LibLynx or Serials Solutions accuracy
Print only journals or print book titles that do not have to be reported but can be for contractor’s administrative ease.
Appendix A List of Required Journals (not intended to be all inclusive):
| Title |
| ISSN (online) |
| Type |
| QTY |
| FTEs |
| AMERICAN JOURNAL OF HYPERTENSION |
| 1941-7225 |
| renew |
| 12 issues |
Per year Clinical Staff, Fellows, Residents, Interns, Externs & Students
| EMERGENCY MEDICINE PRACTICE |
| 1559-3908 |
| renew |
| 12 issues |
Per year Clinical Staff, Fellows, Residents, Interns, Externs & Students
| GORDON J CHRISTENSEN CLINICIANS REPORT |
| 2380-7210 |
| renew |
| 12 issues |
Per year Dental staff (8) Residents (2) Hygienists (6 eventually)
GORDON J. CHRISTENSEN DENTAL HYGIENE CLINICIAN'S REPORT (Newsletter)
| renew |
| 6 issues |
Per year Dental staff (8) Residents (2) Hygienists (6 eventually)
| HEALTH AFFAIRS |
| 2694-233x |
| renew |
| 12 issues |
Per year Clinical Staff, Fellows, Residents, Interns, Externs & Students
| JOURNAL OF AMERICAN PODIATRIC MEDICAL ASSOCIATION |
| 1930-8264 |
| renew |
| 6 issues |
Per year Clinical Staff, Fellows, Residents, Interns, Externs & Students
| JOURNAL OF PASTORAL CARE AND COUNSELING |
| 2167-776x |
| renew |
| 4 issues |
Per year Chaplains (5) Chaplain Residents (4) Chaplain Interns (2-3)
| KING GUIDE TO PARENTERAL ADMIXTURES |
| 1533-3671 |
| renew |
| 4 issues |
Per year Clinical Staff, Fellows, Residents, Interns, Externs & Students
| MEDICAL LETTER ON DRUGS AND THERAPEUTICS w/CME |
| 0025-732X |
| renew |
| 1 year license |
| Clinical Staff, Fellows, Residents, Interns, Externs & Students |
| PAIN MEDICINE |
| 1526-4637 |
| renew |
| 12 issues |
Per year Clinical Staff, Fellows, Residents, Interns, Externs & Students
| PSYCHIATRY DRUG ALERTS |
| 2640-7620 |
| renew |
| 12 issues |
Per year Clinical Staff, Fellows, Residents, Interns, Externs & Students
| REGIONAL ANESTHESIA & PAIN MEDICINE |
| 1532-8651 |
| renew |
| 6 issues |
Per year Clinical Staff, Fellows, Residents, Interns, Externs & Students
B.3 PRICE/COST SCHEDULE
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 12.00 |
| EA |
| __________________ |
| __________________ |
AMERICAN JOURNAL OF HYPERTENSION
ISSN (online) 1941-7225 Contract Period: Base POP Begin: 04-15-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information Services PRODUCT/SERVICE CODE: R612 - Support - Administrative: Information Retrieval 12 Issues Per Year
| 12.00 |
| EA |
| __________________ |
| __________________ |
EMERGENCY MEDICINE PRACTICE
ISSN (online) 1559-3908 Contract Period: Base POP Begin: 04-15-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information Services
| 12.00 |
| EA |
| __________________ |
| __________________ |
GORDON J CHRISTENSEN CLINICIANS REPORT
ISSN (online) 2380-7210 Contract Period: Base POP Begin: 04-15-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information Services
| 6.00 |
| EA |
| __________________ |
| __________________ |
GORDON J. CHRISTENSEN DENTAL HYGIENE CLINICIAN'S REPORT (Newsletter) ISSN (online) Contract Period: Base POP Begin: 04-15-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information Services
6 Issues Per Year
| 12.00 |
| EA |
| __________________ |
| __________________ |
HEALTH AFFAIRS
ISSN (online) 2694-233x Contract Period: Base POP Begin: 04-15-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information Services
| 6.00 |
| EA |
| __________________ |
| __________________ |
JOURNAL OF AMERICAN PODIATRIC MEDICAL ASSOCIATION
ISSN (online) 1930-8264 Contract Period: Base POP Begin: 04-15-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information Services
| 4.00 |
| EA |
| __________________ |
| __________________ |
JOURNAL OF PASTORAL CARE AND COUNSELING
ISSN (online) 2167-776x Contract Period: Base POP Begin: 04-15-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information Services
4 Issues Per Year
| 4.00 |
| EA |
| __________________ |
| __________________ |
KING GUIDE TO PARENTERAL ADMIXTURES
ISSN (online) 1533-3671 Contract Period: Base POP Begin: 04-15-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information Services
| 12.00 |
| EA |
| __________________ |
| __________________ |
PAIN MEDICINE
ISSN (online) 1526-4637 Contract Period: Base POP Begin: 04-15-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information Services
| 12.00 |
| EA |
| __________________ |
| __________________ |
PSYCHIATRY DRUG ALERTS
ISSN (online) 2640-7620 Contract Period: Base POP Begin: 04-15-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information Services
| 6.00 |
| EA |
| __________________ |
| __________________ |
REGIONAL ANESTHESIA & PAIN MEDICINE
ISSN (online) 1532-8651 Contract Period: Base POP Begin: 04-15-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information Services
| 1.00 |
| EA |
| __________________ |
| __________________ |
MEDICAL LETTER ON DRUGS AND THERAPEUTICS w/CME ISSN (online) 0025-732X Contract Period: Base POP Begin: 04-15-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information Services
1 Year License
| 12.00 |
| EA |
| __________________ |
| __________________ |
AMERICAN JOURNAL OF HYPERTENSION
Contract Period: Option 1 POP Begin: 01-01-2025 POP End: 12-31-2025 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information Services
| 12.00 |
| EA |
| __________________ |
| __________________ |
EMERGENCY MEDICINE PRACTICE
Contract Period: Option 1 POP Begin: 01-01-2025 POP End: 12-31-2025 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information Services
| 12.00 |
| EA |
| __________________ |
| __________________ |
GORDON J CHRISTENSEN CLINICIANS REPORT
Contract Period: Option 1 POP Begin: 01-01-2025 POP End: 12-31-2025 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information Services
| 6.00 |
| EA |
| __________________ |
| __________________ |
GORDON J. CHRISTENSEN DENTAL HYGIENE CLINICIAN'S REPORT (Newsletter)
Contract Period: Option 1 POP Begin: 01-01-2025 POP End: 12-31-2025 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information Services
| 12.00 |
| EA |
| __________________ |
| __________________ |
HEALTH AFFAIRS
Contract Period: Option 1 POP Begin: 01-01-2025 POP End: 12-31-2025 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information Services
| 6.00 |
| EA |
| __________________ |
| __________________ |
JOURNAL OF AMERICAN PODIATRIC MEDICAL ASSOCIATION
Contract Period: Option 1 POP Begin: 01-01-2025 POP End: 12-31-2025 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information Services
| 4.00 |
| EA |
| __________________ |
| __________________ |
JOURNAL OF PASTORAL CARE AND COUNSELING
Contract Period: Option 1 POP Begin: 01-01-2025 POP End: 12-31-2025 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information Services
| 4.00 |
| EA |
| __________________ |
| __________________ |
KING GUIDE TO PARENTERAL ADMIXTURES
Contract Period: Option 1 POP Begin: 01-01-2025 POP End: 12-31-2025 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information Services
| 12.00 |
| EA |
| __________________ |
| __________________ |
PAIN MEDICINE
Contract Period: Option 1 POP Begin: 01-01-2025 POP End: 12-31-2025 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information Services
| 12.00 |
| EA |
| __________________ |
| __________________ |
PSYCHIATRY DRUG ALERTS
Contract Period: Option 1 POP Begin: 01-01-2025 POP End: 12-31-2025 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information Services
| 6.00 |
| EA |
| __________________ |
| __________________ |
REGIONAL ANESTHESIA & PAIN MEDICINE
Contract Period: Option 1 POP Begin: 01-01-2025 POP End: 12-31-2025 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information Services
| 1.00 |
| EA |
| __________________ |
| __________________ |
MEDICAL LETTER ON DRUGS AND THERAPEUTICS w/CME
Contract Period: Option 1 POP Begin: 01-01-2025 POP End: 12-31-2025 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information Services
| 12.00 |
| EA |
| __________________ |
| __________________ |
AMERICAN JOURNAL OF HYPERTENSION
Contract Period: Option 2 POP Begin: 01-01-2026 POP End: 12-31-2026 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information Services
| 12.00 |
| EA |
| __________________ |
| __________________ |
EMERGENCY MEDICINE PRACTICE
Contract Period: Option 2 POP Begin: 01-01-2026 POP End: 12-31-2026 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information Services
| 12.00 |
| EA |
| __________________ |
| __________________ |
GORDON J CHRISTENSEN CLINICIANS REPORT
Contract Period: Option 2 POP Begin: 01-01-2026 POP End: 12-31-2026 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information Services
| 6.00 |
| EA |
| __________________ |
| __________________ |
GORDON J. CHRISTENSEN DENTAL HYGIENE CLINICIAN'S REPORT (Newsletter)
Contract Period: Option 2 POP Begin: 01-01-2026 POP End: 12-31-2026 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information Services
| 12.00 |
| EA |
| __________________ |
| __________________ |
HEALTH AFFAIRS
Contract Period: Option 2 POP Begin: 01-01-2026 POP End: 12-31-2026 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information Services
| 6.00 |
| EA |
| __________________ |
| __________________ |
JOURNAL OF AMERICAN PODIATRIC MEDICAL ASSOCIATION
Contract Period: Option 2 POP Begin: 01-01-2026 POP End: 12-31-2026 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information Services
| 4.00 |
| EA |
| __________________ |
| __________________ |
JOURNAL OF PASTORAL CARE AND COUNSELING
Contract Period: Option 2 POP Begin: 01-01-2026 POP End: 12-31-2026 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information Services
| 4.00 |
| EA |
| __________________ |
| __________________ |
KING GUIDE TO PARENTERAL ADMIXTURES
Contract Period: Option 2 POP Begin: 01-01-2026 POP End: 12-31-2026 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information Services
| 12.00 |
| EA |
| __________________ |
| __________________ |
PAIN MEDICINE
Contract Period: Option 2 POP Begin: 01-01-2026 POP End: 12-31-2026 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information Services
| 12.00 |
| EA |
| __________________ |
| __________________ |
PSYCHIATRY DRUG ALERTS
Contract Period: Option 2 POP Begin: 01-01-2026 POP End: 12-31-2026 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information Services
| 6.00 |
| EA |
| __________________ |
| __________________ |
REGIONAL ANESTHESIA & PAIN MEDICINE
Contract Period: Option 2 POP Begin: 01-01-2026 POP End: 12-31-2026 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information Services
| 1.00 |
| EA |
| __________________ |
| __________________ |
MEDICAL LETTER ON DRUGS AND THERAPEUTICS w/CME
Contract Period: Option 2 POP Begin: 01-01-2026 POP End: 12-31-2026 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information Services
| 12.00 |
| EA |
| __________________ |
| __________________ |
AMERICAN JOURNAL OF HYPERTENSION
Contract Period: Option 3 POP Begin: 01-01-2027 POP End: 12-31-2027 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information Services
| 12.00 |
| EA |
| __________________ |
| __________________ |
EMERGENCY MEDICINE PRACTICE
Contract Period: Option 3 POP Begin: 01-01-2027 POP End: 12-31-2027 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information Services
| 12.00 |
| EA |
| __________________ |
| __________________ |
GORDON J CHRISTENSEN CLINICIANS REPORT
Contract Period: Option 3 POP Begin: 01-01-2027 POP End: 12-31-2027 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information Services
| 6.00 |
| EA |
| __________________ |
| __________________ |
GORDON J. CHRISTENSEN DENTAL HYGIENE CLINICIAN'S REPORT (Newsletter)
Contract Period: Option 3 POP Begin: 01-01-2027 POP End: 12-31-2027 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information Services
| 12.00 |
| EA |
| __________________ |
| __________________ |
HEALTH AFFAIRS
Contract Period: Option 3 POP Begin: 01-01-2027 POP End: 12-31-2027 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information Services
| 6.00 |
| EA |
| __________________ |
| __________________ |
JOURNAL OF AMERICAN PODIATRIC MEDICAL ASSOCIATION
Contract Period: Option 3 POP Begin: 01-01-2027 POP End: 12-31-2027 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information Services
| 4.00 |
| EA |
| __________________ |
| __________________ |
JOURNAL OF PASTORAL CARE AND COUNSELING
Contract Period: Option 3 POP Begin: 01-01-2027 POP End: 12-31-2027 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information Services
| 4.00 |
| EA |
| __________________ |
| __________________ |
KING GUIDE TO PARENTERAL ADMIXTURES
Contract Period: Option 3 POP Begin: 01-01-2027 POP End: 12-31-2027 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information Services
| 12.00 |
| EA |
| __________________ |
| __________________ |
PAIN MEDICINE
Contract Period: Option 3 POP Begin: 01-01-2027 POP End: 12-31-2027 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information Services
| 12.00 |
| EA |
| __________________ |
| __________________ |
PSYCHIATRY DRUG ALERTS
Contract Period: Option 3 POP Begin: 01-01-2027 POP End: 12-31-2027 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information Services
| 6.00 |
| EA |
| __________________ |
| __________________ |
REGIONAL ANESTHESIA & PAIN MEDICINE
Contract Period: Option 3 POP Begin: 01-01-2027 POP End: 12-31-2027 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information Services
| 1.00 |
| EA |
| __________________ |
| __________________ |
MEDICAL LETTER ON DRUGS AND THERAPEUTICS w/CME
Contract Period: Option 3 POP Begin: 01-01-2027 POP End: 12-31-2027 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information Services
| 12.00 |
| EA |
| __________________ |
| __________________ |
AMERICAN JOURNAL OF HYPERTENSION
Contract Period: Option 4 POP Begin: 01-01-2028 POP End: 12-31-2028 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information Services
| 12.00 |
| EA |
| __________________ |
| __________________ |
EMERGENCY MEDICINE PRACTICE
Contract Period: Option 4 POP Begin: 01-01-2028 POP End: 12-31-2028 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information Services
| 12.00 |
| EA |
| __________________ |
| __________________ |
GORDON J CHRISTENSEN CLINICIANS REPORT
Contract Period: Option 4 POP Begin: 01-01-2028 POP End: 12-31-2028 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information Services
| 6.00 |
| EA |
| __________________ |
| __________________ |
GORDON J. CHRISTENSEN DENTAL HYGIENE CLINICIAN'S REPORT (Newsletter)
Contract Period: Option 4 POP Begin: 01-01-2028 POP End: 12-31-2028 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information Services
| 12.00 |
| EA |
| __________________ |
| __________________ |
HEALTH AFFAIRS
Contract Period: Option 4 POP Begin: 01-01-2028 POP End: 12-31-2028 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information Services
| 6.00 |
| EA |
| __________________ |
| __________________ |
JOURNAL OF AMERICAN PODIATRIC MEDICAL ASSOCIATION
Contract Period: Option 4 POP Begin: 01-01-2028 POP End: 12-31-2028 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information Services
| 4.00 |
| EA |
| __________________ |
| __________________ |
JOURNAL OF PASTORAL CARE AND COUNSELING
Contract Period: Option 4 POP Begin: 01-01-2028 POP End: 12-31-2028 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information Services
| 4.00 |
| EA |
| __________________ |
| __________________ |
KING GUIDE TO PARENTERAL ADMIXTURES
Contract Period: Option 4 POP Begin: 01-01-2028 POP End: 12-31-2028 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information Services
| 12.00 |
| EA |
| __________________ |
| __________________ |
PAIN MEDICINE
Contract Period: Option 4 POP Begin: 01-01-2028 POP End: 12-31-2028 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information Services
| 12.00 |
| EA |
| __________________ |
| __________________ |
PSYCHIATRY DRUG ALERTS
Contract Period: Option 4 POP Begin: 01-01-2028 POP End: 12-31-2028 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information Services
| 6.00 |
| EA |
| __________________ |
| __________________ |
REGIONAL ANESTHESIA & PAIN MEDICINE
Contract Period: Option 4 POP Begin: 01-01-2028 POP End: 12-31-2028 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information Services
| 1.00 |
| EA |
| __________________ |
| __________________ |
MEDICAL LETTER ON DRUGS AND THERAPEUTICS w/CME
Contract Period: Option 4 POP Begin: 01-01-2028 POP End: 12-31-2028 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information Services
| GRAND TOTAL |
| __________________ |
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)
(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 Federal Acquisition Regulation (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 FAR 32.608-2 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; 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) [Reserved]
(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) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES 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.2 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021)
(a) Definitions. As used in this clause— Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.
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