36C24518Q9110-000.docx

36C24518Q9110 FedBizOpps Combined Synopsis/Solicitation Notice

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* = Required Field FedBizOpps Combined Synopsis/Solicitation Notice Rev. March 2010 H

RADIATION SAFETY MONITORING SERVICES - BECKLEY VAMC

26301-4199 36C24518Q9110 06-18-2018 N 541380 Department of Veterans Affairs Louis A Johnson, VAMC Contracting Office (90C) 1 Med Center DR Clarksburg WV 26301-4199 Timothy Russell 304-623-3461 Ext. 3895 Timothy.russell@va.gov Beckley VAMC 200 Veteran Avenue Beckley, WV 25801

USA

Timothy.russell@va.gov Solicitation for Five Year Requirements Contract using SAP to acquire Radiation Safety Monitoring Services at the Beckley VAMC located in Beckley, WV. Quotes evaluated by LPTA and all Quantities are estimated.

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

36C24518Q9110 06-11-2018 Timothy Russell 304-623-3461 Ext. 3895 06-18-2018 Department of Veterans Affairs Louis A Johnson, VAMC Contracting Office (90C) 1 Med Center DR Clarksburg WV 26301-4199 X X Y 541380 $15 Million X N/A X Beckley VA Medical See Delivery Schedule 200 Veterans Avenue Beckley WV 25801 Department of Veterans Affairs Louis A Johnson, VAMC Contracting Office (90C) 1 Med Center DR Clarksburg WV 26301-4199

Austin Payment Center Department of Veterans Affairs PO Box 149971 Austin TX 78714-8971

(877) 353-9791

(512) 460-5545 See CONTINUATION Page Solicitation for Five Year Requirememnts Contract using SAP to aquire Radiation Safety Monitoring Services at the beckley VAMC located in Beckley, WV.

Quotes evaluated by LPTA and all Quantities are estimated.

See CONTINUATION Page X Timothy L Russell Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

Incorporated Herein

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C245 Department of Veterans Affairs Louis A Johnson, VAMC Contracting Office (90C) 1 Med Center DR Clarksburg WV 26301-4199

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.

Austin Payment Center Department of Veterans Affairs PO Box 149971 Austin TX 78714-8971

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 52.219-6 Notice of Total Small Business Set-Aside. 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.

36C24518Q9110

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B.4 STATEMENT WORK - RADIATION SAFETY MONITORING SERVICES

June 2, 2017 Contractor shall furnish all labor, material, supplies, equipment and qualified personnel to provide on-site health physicist and radiation safety monitoring services for the Department of Veterans Affairs Medical Center, Beckley, West Virginia (VAMC Beckley) in accordance with the terms and conditions stated herein.

GENERAL REQUIREMENTS

A. Establish personnel exposure investigational levels that, when exceeded, will initiate a prompt investigation by the Radiation Safety Officer (RSO) of the cause of the exposure and a consideration of actions that might be taken to reduce the probability of recurrence.

B. It may be necessary for the Imaging Service to contact the contractor for support services; Contractor shall be available to the Radiation Safety Officer within twenty four (24) hours of notification by the RSO (or designee).

C. Reviews all Quality Control/ Quality Assurance records performed in Nuclear Medicine.

D. The Contractor shall check laboratory areas and hot lab with appropriate instrumentation.

E. Contractor shall provide support services, as requested by the RSO, relating to problems (exposure, spills, and disposal), equipment changes and regulation changes.

F. Contractor shall provide technical direction and make recommendations to the RSO on controls and procedures of radionuclides requested by Investigators and other users at this Medical Center.

G. Contractor shall provide technical guidance in the disposition of all radioactive waste and inspect all records of radiation use and disposal and certify to the RSO that all such materials have been disposed of in accordance with all regulatory agencies policies.

H. Contractor shall review NHPP (licensing specifications on a regular basis with regard to current and new regulations required by NRC. Contractor shall provide technical direction to the RSO. In the development of VAMC Safety Manual changes to assure that Safety Manual procedures are in accordance with NRC licensing specifications at all limes. Contractor shall verbally notify RSO of any violations at the time of visit. A review of all areas for violation or non-compliance of NHPP licensing regulations shall be reported and documented to the RSO. This written report is due by the fifth (5th) working day after the date of visit.

I. Contractor shall review minutes for completeness and accuracy of the Radiation Safety Committee Semi Annual Meeting.

J. Contractor shall review records of quality control and corrective actions taken for any equipment used for detecting and measurement of radioactivity, Contractor shall review and oversee the quality assurance program In Nuclear Medicine, ensuring it is consistent with all regulatory agencies requirements. Any deficiencies shall be verbally communicated to the RSO at time of discovery followed by a written report within five (5) calendar days.

K. Contractor shall review VAMC Quality Control Procedures for (1) Gamma Camera, one (1) Well/Uptake Probe, two (2) Dose Calibrators, to ensure compliance with established NHPP and other appropriate standards. Any discrepancies shall be verbally reported to the RSO at the time of the visit, followed by a written report within five (5) calendar days of discovery so that corrective action can be initiated by the VAMC.

L. Contractor shall perform Dose Calibrator Linearity in Nuclear Medicine.

M. Contractor shall perform Dose Calibrator Calibration and Accuracy at least annually in Nuclear Medicine.

N. Contractor shall perform Well Counter/Thyroid Probe Chi Square in Nuclear Medicine.

O. Contractor shall perform Well Counter/Thyroid Probe Efficiency at least annually in Nuclear Medicine.

P. Contractor shall conduct an inventory and perform wipe tests of sealed sources in Nuclear Medicine. A written report shall be provided to the RSO, within five (5) calendar days after date the Inventory wipe test was accomplished, documenting any deficiencies and recommendations for corrective action.

Q. Contractor shall provide the RSO, a summary of all work performed under the contract, including recommended corrective actions and support services. Report is due by the fifth (5) workday of the month which follows the month the work was done.

R. Contractor shall provide the Imaging Support Team (Nuclear Medicine) a comprehensive radiation protection safety survey of this facility.

S. Contractor shall provide two one-hour radiation safety education training sessions per quarter for facility employees.

T. Contractor shall maintain records of this medical center's personnel radiation exposures in the event the medical center should change film badge provider, all previous radiation readings must be transferred to the new provider.

U. Contractor shall provide support services by phone, fax or e-mail at a no additional charge.

V. Contractor shall monitor, analyze, and identify over-exposures, and provide annual ALARA reviews of Individual radiation dosimetry reports for monthly and quarterly body badges, waist badges, and TLD ring badges.

W. Contractor shall follow the protocols for performing diagnostic x-ray protection surveys at all times.

X. Contractor shall conduct surveys of all radiographic/fluoroscopic tubes on an annual basis. In addition, contractor will provide JCAHO (PEEP) analysis of skin entrance dose.

Y. Perform annual survey on Nuclear Medicine XCT tube to include dosimetry, tube output, and basic image quality.

Z. Annual review of Computed Tomography (CT) Protocols and advises/recommends on current standards of practice and account for changes in CT imaging equipment.

AA. Provide Radiation Safety Training to our Nuclear Medicine Technologist/Radiation Safety Officer which includes one day per month of onsite training to ensure RSO meets the Nuclear Regulatory Commission requirements and can be named as the RSO on our permit. This service will be paid on an as needed basis.

PERSONNEL QUALIFICATIONS

A. All health physicists performing services under this contract shall be board certification in diagnostic radiologic physics or radiologic physics by the American Board of Radiology, or in Diagnostic Imaging Physics by the American Board of Medical Physics, or in Diagnostic Radiological Physics by the Canadian College of Physicists in Medicine, or meet all of the following requirements: _

· A graduate degree in physics, medical physics, biophysics, radiologic physics, medical health physics, or a closely related science or engineering discipline from an accredited college or university

· Formal graduate-level coursework in the biological sciences with at least one course in biology or radiation biology and one course in anatomy, physiology, or a similar topic related to the practice of medical physics

· Documented experience in a clinical CT environment conducting at least 10 CT performance evaluations under the direct supervision of a board-certified medical physicist certified by one of the following boards: American Board of Radiology, American Board of Health Physicists or American Board of Medical Physics. Certification must be maintained throughout the contract performance period (PER Joint Commission).

B. Health physicist shall possess an M.S. or PhD. in health physics from an accredited university.

C. Personnel must also have experience in Hospital Medical Physics.

D. Documentation of the aforementioned personnel qualifications must be submitted with offer.

COMPREHENSIVE SERVICE

A. The contractor shall provide comprehensive reports documenting the performance of the following services in support of the Nuclear Regulatory Commission s ALARA Program:

B. Contractor shall audit radiation workers' exposure history. Audits shall include reviews of exposure records, analysis of the highest exposures in each service, and shall provide written recommendations to the RSO.

C. Contractor shall provide support for all NRC required radiation training of VA employees, including radiation safety training and required DOT/Hazmat training.

D. Contractor shall review all required licenses.

E. Contractor shall perform structural shielding design and provide written documentation of shielding survey evaluations before, during and after installation of all ionizing radiation equipment.

F. Contractor shall provide survey meter calibrations.

G. Contractor shall calculate and provide patient dose measurements for diagnostic radiology (JCAHO-DR 2.2.10.1) and nuclear medicine (JCAHO-NM 2.2, 14.1).

H. Perform acceptance testing on all new ionizing producing equipment as required by regulation specifications. This section is billable per line item, Acceptance Testing and Post Repairs.

PERFORMANCE

A. The majority of work determined under this contract shall be performed during the Medical Center's Regular administrative working hours of 8:00 AM-4: 30 PM, Monday or Friday excluding Federal holidays. However, there may be times when the contractor may be needed after regular working hours.

B. All work shall commence within 48 hours after receipt of telephonic, written or verbal notification and will proceed progressively without undue delay. All work shall be performed by competent technicians, experienced and qualified to work on the specific equipment. All work performed shall be in accordance with established commercial practices. The Qualified Medical Physicist (QMP) may be assisted in data acquisition/collections by a trained individual. The QMP will have oversight of this individual.

C. Check-in procedure: Contractor's representatives shall report to the Radiation Safety Officer prior to starting and completing all services.

HEALTH PHYSICS REQUIREMENTS - ANNUAL:

A. Contractor shall provide the RSO an annual summary of work performed under the contract, including recommended corrective actions and support services.

B. Contractor shall perform an annual review of VAMC radiation safety policies and procedures to assure compliance with all applicable laws/regulations/statues governing the facility’s NHPP License. This review shall be conducted during the month of May during the contract period. A written report documenting any deficiencies and recommendations for corrective action shall be provided to the RSO not later than June 30th of the contract period.

C. Contractor shall calibrate three portable radiation survey meters annually to ensure accuracy of measurements.

RADIATION SURVEY

Conduct annual quality control survey and certification of the radiographic equipment listed below. The contractor shall ensure the radiographic equipment’s compliance with applicable federal and state regulatory requirements, and shall include, but not be limited to, monitoring the following performance characteristics:

A. For Radiography/Fluoroscopy Equipment:

1. Integrity of unit assembly.

2. Collimation and radiation beam alignment.

3. Fluoroscopic system resolution.

4. Automatic exposure control system performance.

5. Fluoroscopic automatic brightness control performance (high-dose-rate pulsed modes, field-of- view [FOV] variation).

6. Image artifacts.

7. Fluoroscopic phantom image quality.

8. kVp accuracy and reproducibility.

9. Linearity of exposure versus mA or mAs.

10. Exposure reproducibility.

11. Timer accuracy.

12. Beam quality assessment (half-value layer).

13. Fluoroscopic entrance exposure rates.

14. Image receptor entrance exposure.

15. Equipment radiation safety functions.

16. Patient dose monitoring system calibration

17. Video and digital monitor performance.

18. Digital image receptor performance.

19. Inspection of all Lead Aprons, Gloves and Shields.

A1. Radiology CR Equipment

1. Component and Imaging Plate Physical Inspection and Inventory.

2. Imaging Plate Dark Noise and Uniformity.

3. Exposure Indicator Calibration.

4. Linearity and Auto-ranging Response.

5. Laser Beam Function.

6. Limiting Resolution and Resolution Uniformity.

7. Noise and Low Contrast Resolution.

8. Spatial Accuracy.

9. Erasure Thoroughness.

10. Aliasing/Grid Response.

11. IP Throughput

12. Positioning and Collimation Errors.

B. For Ultrasound units (4)

1. Physical inspection 2 .QC program review

3. Image uniformity

4. Depth visualization

5. Axial and lateral Resolution

6. Vertical and horizontal distance accuracy

7. Anechoic object perception C. For Computerized Tomography:

1. Alignment light accuracy

2. Alignment of table to gantry

3. Table/gantry tilt

4. Slice localization from scanned projection radiograph (localization image)

5. Table incrimination accuracy

6. Slice thickness

7. Image quality

a. High-contrast (spatial) resolution

b. Low-contrast sensitivity and resolution

c. Image uniformity

d. Noise

e. Artifact evaluation

8. CT number accuracy, linearity, and homogeneity

9. Display devices

a. Image display monitor(s)

b. Hard-copy display unit(s), if available

10. Dosimetry

a. CT dose index (CTDI)

b. Patient radiation dose for representative examinations

11. Safety evaluation

a. Visual inspection

b. Work load assessment

c. Scatter and stray radiation measurements (if work load and other related parameters have changed since acceptance testing or if CT fluoroscopy is routinely performed)

d. Audible/visual signals

e. Posting requirements

12. Other tests as required by state or local regulations.

D. Nuclear Medicine:

1. Intrinsic Uniformity

2. System Uniformity

3. Intrinsic or System Spatial Resolution

4. Relative Sensitivity

5. Energy Resolution

6. Count Rate Parameters

7. Formatter/Video Display

8. Overall System Performance for SPECT

9. System Interlocks

10. Dose Calibrators

a. Test measurement of battery voltage (if applicable)

b. Zero adjustment (if applicable)

c. Background adjustment

d. Constancy

e. Linearity

f. Accuracy with NIST traceable standards

g. Geometry E. Thyroid Uptake and Counting Systems

a. I-123 capsule or long-lived standard calibration check

b. Count of background

c. High voltage/gain checks

d. Energy resolution

e. Chi-square test

F. MRI:

1. Image uniformity for all radiofrequency (RF) coils used clinically

2. Signal-to-noise ratio (SNR) for all coils used clinically

3. Slice thickness accuracy

4. Slice position accuracy

5. High-contrast resolution

6. Low-contrast resolution (or contrast-to-noise ratio)

7. Geometric or distance accuracy

8. Magnetic field homogeneity

9. Artifact evaluation

10. Alignment light accuracy G. For all BRH compliance tests, documentation of measured values used to certify compliance shall be provided.

H. Furnish a measured skin entrance dose (in MR) for each x-ray tube tested using typical technique for the unit under typical tests.

I. Furnish a radiation dose rate for each mode of operation for typical prolonged fluoroscopically guided invasive procedures performed on fluoro units. Units to be tested are listed above.

J. Survey shall be conducted throughout the year as scheduled at mutually agreed upon times between the RSO and the contractor. The annual written report of surveys is to be submitted within five (5) days after completion. Time of inspection is to be coordinated with the RSO. Any equipment that is under repair at the time of inspection shall be scheduled for a later inspection billable per line item, Acceptance Testing and Post Repairs.

K. Contractor must test all imaging equipment according to ACR guidelines:

1. Annually

2. After first installation but before clinical use (Acceptance Test) and post repairs or modifications that might affect radiation output or image quality. Billable per line item, Acceptance Testing and Post Repairs.

L. RADIOGRAPHIC EQUIPMENT TO BE SURVEYED: NOTE: Equipment list is subject to change due to possible equipment replacement.

B.5 PRICE/COST SCHEDULE

ITEM INFORMATION

Quarterly Nuclear Medicine Audits

In-services - 2 per quarter

Leaded Glove/Apron/Shield Survey

Annual Inspection of all facility Radiological Equipment

Ultrasound

CT Scanner Testing

XCT Inspection

Nuclear Medicine Gamma Camera Testing

MRI Testing

CR Testing

CT Protocol Review/Radiation Safety Policy Review/ Monitoring & Consultation Service

Survey Meter Calibration

4 Acceptance Testing & Post Repairs (up to 4 callouts).

Structural shielding design or shielding survey evaluation.

Patient dose calculations for over exposure or fetal dose exposure

IF REQUESTED, Onsite Radiation Safety Officer Training

Page | 17

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) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.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 orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from July 1, 2018 through June 30, 2023.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. (End of Clause)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $100,000.00;

(2) Any order for a combination of items in excess of $200,000.00; or

(3) A series of orders from the same ordering office within 10 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 15 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (End of Clause)

C.4 52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total…