36C24523Q0001 RFQ.pdf

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

36C24523Q0001 09-08-2022 stephanie henderson 09-15-2022

1PM EST

Department of Veterans Affairs

Huntington VAMC

Contract Office

1540 Spring Valley Dr

Huntington WV 25704

X

325412

1250 Employees

Net 30

N/A

X

Radiology

Contract Office

PAYMENT WILL BE MADE BY

FSC e-Invoice Payment

Invoice must be submitted electronically http://www.fsc.va.gov/einvoice.asp

Invoice Setup Information 1-877-489-6135

See CONTINUATION Page

This is 5 yr IDC for purchase and delivery of radioscopes at

Huntington VAMC.

Reference page 5-9 for SOW/technical requirements.

Reference page 9-30 for 0001- 0096 line item details, period of performance.

Reference page 8-9, 62 for evaluation factors.

COR POC: TBD

The only POC for this solicitation is Stephanie Henderson, Contract Specialist.

$0.00

See CONTINUATION Page

X X

36C24523Q0001

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2021)

C.2 52.216-18 ORDERING (AUG 2020)

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

C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.5 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

C.6 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR

1984)

C.7 52.247-34 F.O.B. DESTINATION (NOV 1991)

C.8 52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR

FEDERAL CONTRACTORS (OCT 2021) (DEVIATION)

C.9 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.10 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND

COMPLIANCE (JUL 2018)

C.11 VAAR 852.219-76 SUBCONTRACTING PLANS MONITORING AND

COMPLIANCE (JUL 2018)

C.12 VAAR 852.219-71 VA MENTOR-PROTÉGÉ PROGRAM (DEC 2009)

C.13 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ..42

C.14 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

C.15 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.16 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2022) (JUL 2020) (DEVIATION)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.4 52.216-1 TYPE OF CONTRACT (APR 1984)

E.5 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.7 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) (JUL 2020)

(DEVIATION)

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:

b. GOVERNMENT: Contracting Officer 36C245

Huntington VAMC

Contract Office

1540 Spring Valley Dr

Huntington WV 25704

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] COR to approve proper invoice upon delivery

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.

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

AMENDMENT NO DATE

HTG Radiopharmaceuticals

Work Statement

The quoter will be required to provide radiopharmaceutical inclusive supplies and services to the

Department of Veterans Affairs Medical Center, 1540 Spring Valley Drive, Huntington, WV in accordance with the terms, schedules and delivery requirements.

Contract Type:

Fixed Price IDQ

Contract period:

5 year IDQ

10/1/22-9/30/27

Performance location:

Department of Veterans Affairs Medical Center, 1540 Spring Valley Drive, Huntington, WV

TECHNICAL REQ

Contractor must be able to provide emergency orders within 30 minutes after receipt of phoned or faxed orders from the VAMC Huntington COR.

1. COR will fax or phone in orders daily for the proceeding day. Routine deliveries will be made

Monday through Friday. Individual radiopharmaceutical will be provided in unit dose form and will be delivered at the request of the VA. All delivery charges are to be incorporated into the price per unit dose as noted in the Schedule of Supplies/Services and Prices/Costs. Emergency orders can be placed anytime and require delivery within 30 minutes of order. Contractor will supply two (2) phone numbers for ordering after working hours. All items will be delivered to

Room 2B187 at the VA Medical Center, Huntington, West Virginia. Contractor’s employees will give deliveries directly to the Nuclear Medicine Technologist on duty. Delivery personnel will be bonded by the contractor.

2. If needed, the contractor must be able to provide unit-does radiopharmaceutical on weekends and federal holidays. Federal Holidays: The 10 holidays observed by the Federal Government are: New Year’s Day (January 1st), Martin Luther King, Jr’s Birthday, (3rd Monday in January), Presidents’ Day (3rd Monday in February), Memorial Day (last Monday in May), Junetenth (June

19th), Independence Day (July 4th), Labor Day (1st Monday in September), Columbus Day (2nd

Monday in October), Veteran’s Day (November 11th), Thanksgiving Day (4th Thursday in

November), Christmas Day (December 25th) and any other day specifically declared by the

President of the United States to be a national holiday. When one of the above designate legal holidays falls on a Sunday, the following Monday will be observed as a legal holiday. When a legal holiday falls on a Saturday, the preceding Friday is observed as a holiday by U.S.

Government agencies.

3. The contractor shall remove all radioactive waste without cost. This shall include all syringes and vials. All waste shall be returned (picked up) the next delivery. Safe transport and disposal of the waste is the responsibility of the contractor and must comply with current Department of

Transportation and OSHA guidelines. This includes biohazard and radioactive contamination of reusable lead containers.

4. Contractor shall provide evidence of special driver’s licenses (competency) due to transporting hazardous materials. Contractor shall meet all Nuclear Regulatory Commission, Department of

Transportation, and F.D.A., OSHA and all other agency rules and regulations (Federal and State).

5. The contractor shall guarantee the quality of radiopharmaceuticals. Quality shall include PH testing, percent tag, aluminum and Mo99 breakthrough as appropriate. All Technetium products shall be tested for Molybdenum contamination and the amount of Molybdenum breakthrough present shall be stated.

6. The contractor will provide a quarterly linearity source at no charge. The activity requested can range from 25 to 300 mCi.

7. Contractor will perform quality control on each agent dispensed. Contractor shall perform all quality control procedures as required by Federal and State regulatory agencies.

8. Contractor shall provide leukocyte and platelet labeling services, including weekends. If the volume warrants, leukocyte and platelet labeling will be available as a same day service.

9. Contractor shall provide 24 hour on call service for emergency procedures.

10. Contractor shall provide complete documentation on quality control (Q.C.) results upon request.

Product information including supplier’s source of radiopharmaceuticals, package inserts, results of quality control testing performed by supplier and copies of supplier’s license and procedures shall be provided at no additional charge.

11. N/A

12. Invoices: Contractor shall be paid monthly, in arrears, upon submission monthly of a properly prepared invoice for services/supplies during the period. Said invoices will be reviewed by the

Contracting Officer’s Representative (COR) for accuracy and any discrepancies corrected and a new invoice issued before payment is issued. All invoices will include the contract number, date of services, name of patient, and an itemized listing of charges. Invoices shall be submitted to:

Tungsten

13. Contractor/supplier shall abide by (CFR 10) Title Code of Federal Regulations, which states: a

Licensee may use for medical use only:

(a) By-product material manufactured, labeled, packaged and distributed in accordance with a license issued pursuant to the regulations in Title 10, Code of Federal Regulations, Part 35 and the equivalent regulations of an

Agreement State.

(b) Reagent kits that have been manufactured, labeled, packed and distributed in accordance with the approval by the Commission pursuant to S32.73 or an

Agreement State under equivalent regulations for the preparation of radiopharmaceuticals for medical use.

14. Contractor shall calibrate and label all supplies as to the amount of radiopharmaceutical, concentration, calibration, preparation time, expiration time, date, total volume and total activity.

15. All packaging of radioactive material MUST BE clearly labeled RADIOACTIVE on the outside of the carton it shipped in. All radiopharmaceuticals shall be delivered in lead-shielded containers.

16. Contractor shall meet all Nuclear Regulatory Commission (NRC), Department of Transportation, and F.D.A., OSHA and all other agency rules and regulations (Federal and State). Contractor must be NRC certified.

17. Contractor shall accept returns for credit under the following conditions:

• Product(s) ordered or shipped in error.

• Product(s) damaged in shipment

• Concealed shipping damages

• Recalled product(s)

• Outdated products in unopened, original container (specifically authorized for return by manufacturer).

• All unused or opened radiopharmaceutical syringes of vials shall be returned to the contractor without charge excluding handling fee per dose.

• The contractor shall credit the VA Medical Center for all unused doses.

18. The contractor shall deliver all radiopharmaceuticals with NO added fuel surcharge.

19. Consultation service regarding radiopharmaceutical applications, problems and controls, shall be provided upon request at no charge.

20. COR may order for delivery up to the total quantity CLIN during the specified funded period of performance on delivery order refer to actual delivery order for totals and period pf performance.

ESTIMATED ANNUAL LINE ITEM QTY: The quantities and amounts in the schedule listed below are estimated. Supply Orders shall be placed against this contract on as needed basis. All funding requirements will be at the delivery ordering level.

In accordance with 52.216-22, The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum." The minimum is $ year 1

Item Number Description

Contract Period Pop Begin Pop End Quantity

Unit of Measure

PRICE NDC #

I-123 USP Nal 100 uCi Cap Year 1 10/1/2022 9/30/2023 62 EA

I-131 USP Nal TX Cap Year 1 10/1/2022 9/30/2023 32 UN

I-131 USP Nal DX Cap Mci Year 1 10/1/2022 9/30/2023 12 UN

Pyrphousphate Vial Year 1 10/1/2022 9/30/2023 180 VI

Tc-99m Macro Aggregate Albumin UD

Year 1 10/1/2022 9/30/2023 32 UN

TC-99m Mebrofenin UD Year 1 10/1/2022 9/30/2023 480 UN

Tc-99m Mertiatide UD Year 1 10/1/2022 9/30/2023 240 UN

TC-99m NaTc04 UD mCi Year 1 10/1/2022 9/30/2023 6800 UN

Tc-99m Oxidronate UD Year 1 10/1/2022 9/30/2023 5200 UN

Tc-99m Pentetate Year 1 10/1/2022 9/30/2023 400 UN

Tc-99m Sestamibi UD Year 1 10/1/2022 9/30/2023 77770 UN

Tc-99m Sulfur Collid UD Year 1 10/1/2022 9/30/2023 37 UN

Tc-99m WBC Kit (Heparin) Year 1 10/1/2022 9/30/2023 10 EA

Tc-99m Exametazime WBC's Year 1 10/1/2022 9/30/2023 120 UN

Tc-99m MAA Reduced Particle

UD

Year 1 10/1/2022 9/30/2023 16 UN

Survey Meter Calibration Year 1 10/1/2022 9/30/2023 3 EA

Evaluation factors

Technical Factor (1)- Vendor to provide acknowledge and agree to SOW/technical requirements of product, provide product specification sheets, provide manufacturer name, manufacturer part number, provide current copy of West Virginia pharmaceutical distributor license, provide a authorized distributor letter, provide key POC’s and sub contractor POS info, delivery driver license, provide place of manufacturer, included self-certification routine and emergency delivery/completion in SOW.

Acceptable quote meets vendor acknowledged and agreed to SOW/technical requirements of product, provided product specification sheets, provided manufacturer name, provided software name, provide current copy of West Virginia pharmaceutical distributor license, delivery driver license, provide a authorized distributor letter, provide key POC’s and sub contractor POS info, provided manufacturer part number, provided self-certify completion routine and emergency delivery/completion in SOW and provided manufacturer authorization to distribute letter.

Unacceptable/non-responsive quote: Quote does not meet technical requirements. Vendor did not acknowledge and agree to SOW/technical requirements of product, did not provide product specification sheets, did not provide current copy of West Virginia pharmaceutical distributor license, did not provide manufacturer name, did not provide manufacturer part number, did not self-certify completion date delivery, or did not provide manufacturer authorization to distribute letter. Missing or incomplete quote package/responses will be considered non-responsive.

Past performance (2): Vendor to provide 2 references relevant VA contract number POC name, email, and phone info awarded in the last 3 years

Acceptable quote: Vendor acknowledge past performance relevant references, references are acceptable, and provides required minimum references.

Unacceptable/non-responsive quote: Vendor fails to acknowledge performance, did not provide required minimum relevant references, or references unacceptable.

Price (3):

Price vendor to provide to 5 year fixed priced quote on attached excel spread sheet for Year 1 to year 5 line items in RFQ.

Acceptable Quote: Vendor meets technical, past performance, and is the lowest price.

Unacceptable/ non-responsive quote: Vendor did not meet technical requirements, past performance, and is not the lowest price.

This requirement will be IAW “Brand Name or Equal” product descriptions, which requires that the Respondent indicate each product that is being offered as an “equal” product to the illustrative Brands where applicable. For each equal product, the Respondent must include a description reflecting the characteristics and level of quality that will satisfy the salient physical, functional, or performance characteristics of the equal product(s) specified in the “Brand Name or Equal” product requirements.

The Respondent must also clearly identify the item by brand name (if any) and make/model number.

Finally, the Respondent must include descriptive literature, such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information for the Planners consideration, and clearly describe any modifications it plans to make to a product to make it conform to the “or equal” product requirements.

Price is the only criteria that will be considered. Award will be made to the lowest priced quote that is technically and performance acceptable. The Government will determine technical acceptability after receipt of offers. The Government intends to evaluate quotes based on total evaluated price of the unit prices provided and award without discussion. Therefore, the vendor’s initial quote should contain the vendor’s best terms from a price standpoint.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM DESCRIPTION OF QUANTIT UNI UNIT PRICE AMOUNT

NUMBE

R

SUPPLIES/SERVIC

ES

Y T

62.00 EA ________________

I-123 USP Nal 100 uCi Cap Contract Period: Year 1 POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6505 - Drugs and Biologicals

32.00 UN ________________

I-131 USP Nal TX Cap Contract Period: Year 1 POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

12.00 UN ________________

I-131 USP Nal DX Cap Mci Contract Period: Year 1 POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

180.00 VI ________________

Pyrphousphate Vial Contract Period: Year 1 POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Tc-99m Macro Aggregate Albumin UD Contract Period: Year 1 POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

480.00 UN ________________ ________________

TC-99m Mebrofenin UD

Contract Period: Year 1 POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

240.00 UN ________________

Tc-99m Mertiatide UD Contract Period: Year 1 POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

6,800.00 UN ________________

TC-99m NaTc04 UD mCi Contract Period: Year 1 POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

5,200.00 UN ________________

Tc-99m Oxidronate UD Contract Period: Year 1 POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

400.00 UN ________________

Tc-99m Pentetate Contract Period: Year 1 POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

77,770.00 UN ________________

Tc-99m Sestamibi UD Contract Period: Year 1

POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

37.00 UN ________________

Tc-99m Sulfur Collid UD Contract Period: Year 1 POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

10.00 EA ________________

Tc-99m WBC Kit (Heparin) Contract Period: Year 1 POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

120.00 UN ________________

Tc-99m Exametazime WBC's Contract Period: Year 1 POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

16.00 UN ________________

Tc-99m MAA Reduced Particle UD Contract Period: Year 1 POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

3.00 EA ________________

Survey Meter Calibration Contract Period: Year 1 POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

I-123 USP Nal 100 uCi Cap Contract Period: Year 2 POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

I-131 USP Nal TX Cap Contract Period: Year 2 POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

I-131 USP Nal DX Cap Mci Contract Period: Year 2 POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Pyrphousphate Vial Contract Period: Year 2 POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Tc-99m Macro Aggregate Albumin UD Contract Period: Year 2 POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

480.00 UN ________________

TC-99m Mebrofenin UD Contract Period: Year 2 POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Tc-99m Mertiatide UD Contract Period: Year 2 POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

TC-99m NaTc04 UD mCi Contract Period: Year 2 POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Tc-99m Oxidronate UD Contract Period: Year 2 POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Tc-99m Pentetate Contract Period: Year 2 POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Tc-99m Sestamibi UD

Contract Period: Year 2 POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Tc-99m Sulfur Collid UD Contract Period: Year 2 POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Tc-99m WBC Kit (Heparin) Contract Period: Year 2 POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Tc-99m Exametazime WBC's Contract Period: Year 2 POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Tc-99m MAA Reduced Particle UD Contract Period: Year 2 POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Survey Meter Calibration Contract Period: Year 2 POP Begin: 10-01-2023 POP End: 09-30-2024

PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

I-123 USP Nal 100 uCi Cap Contract Period: Year 2 POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

I-131 USP Nal TX Cap Contract Period: Year 2 POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

I-131 USP Nal DX Cap Mci Contract Period: Year 2 POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Pyrphousphate Vial Contract Period: Year 2 POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Tc-99m Macro Aggregate Albumin UD Contract Period: Year 2 POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

TC-99m Mebrofenin UD

Contract Period: Year 2 POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Tc-99m Mertiatide UD Contract Period: Year 2 POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

TC-99m NaTc04 UD mCi Contract Period: Year 2 POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Tc-99m Oxidronate UD Contract Period: Year 2 POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Tc-99m Pentetate Contract Period: Year 2 POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Tc-99m Sestamibi UD Contract Period: Year 2 POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Tc-99m Sulfur Collid UD Contract Period: Year 2 POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Tc-99m WBC Kit (Heparin) Contract Period: Year 2 POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Tc-99m Exametazime WBC's Contract Period: Year 2 POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Tc-99m MAA Reduced Particle UD Contract Period: Year 2 POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Survey Meter Calibration Contract Period: Year 2 POP Begin: 10-01-2023

POP End: 09-30-2024 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

I-123 USP Nal 100 uCi Cap Contract Period: Year 3 POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

I-131 USP Nal TX Cap Contract Period: Year 3 POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

I-131 USP Nal DX Cap Mci Contract Period: Year 3 POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Pyrphousphate Vial Contract Period: Year 3 POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Tc-99m Macro Aggregate Albumin UD Contract Period: Year 3 POP Begin: 10-01-2024 POP End: 09-30-2025

TC-99m Mebrofenin UD Contract Period: Year 3 POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Tc-99m Mertiatide UD Contract Period: Year 3 POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

TC-99m NaTc04 UD mCi Contract Period: Year 3 POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Tc-99m Oxidronate UD Contract Period: Year 3 POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Tc-99m Pentetate Contract Period: Year 3 POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

77,770.00 UN ________________ ________________

Tc-99m Sestamibi UD

Contract Period: Year 3 POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Tc-99m Sulfur Collid UD Contract Period: Year 3 POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Tc-99m WBC Kit (Heparin) Contract Period: Year 3 POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Tc-99m Exametazime WBC's Contract Period: Year 3 POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Tc-99m MAA Reduced Particle UD Contract Period: Year 3 POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Survey Meter Calibration Contract Period: Year 3

POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

I-123 USP Nal 100 uCi Cap Contract Period: Year 4 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

I-131 USP Nal TX Cap Contract Period: Year 4 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

I-131 USP Nal DX Cap Mci Contract Period: Year 4 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Pyrphousphate Vial Contract Period: Year 4 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Tc-99m Macro Aggregate Albumin UD Contract Period: Year 4 POP Begin: 10-01-2025 POP End: 09-30-2026

TC-99m Mebrofenin UD Contract Period: Year 4 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Tc-99m Mertiatide UD Contract Period: Year 4 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

TC-99m NaTc04 UD mCi Contract Period: Year 4 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Tc-99m Oxidronate UD Contract Period: Year 4 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Tc-99m Pentetate Contract Period: Year 4 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Tc-99m Sestamibi UD Contract Period: Year 4 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Tc-99m Sulfur Collid UD Contract Period: Year 4 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Tc-99m WBC Kit (Heparin) Contract Period: Year 4 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Tc-99m Exametazime WBC's Contract Period: Year 4 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Tc-99m MAA Reduced Particle UD Contract Period: Year 4 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Survey Meter Calibration

Contract Period: Year 4 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

I-123 USP Nal 100 uCi Cap Contract Period: Year 5 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

I-131 USP Nal TX Cap Contract Period: Year 5 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

I-131 USP Nal DX Cap Mci Contract Period: Year 5 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Pyrphousphate Vial Contract Period: Year 5 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Tc-99m Macro Aggregate Albumin UD Contract Period: Year 5 POP Begin: 10-01-2026 POP End: 09-30-2027

PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

TC-99m Mebrofenin UD Contract Period: Year 5 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Tc-99m Mertiatide UD Contract Period: Year 5 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

TC-99m NaTc04 UD mCi Contract Period: Year 5 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Tc-99m Oxidronate UD Contract Period: Year 5 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Tc-99m Pentetate Contract Period: Year 5 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Tc-99m Sestamibi UD

Contract Period: Year 5 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Tc-99m Sulfur Collid UD Contract Period: Year 5 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Tc-99m WBC Kit (Heparin) Contract Period: Year 5 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Tc-99m Exametazime WBC's Contract Period: Year 5 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Tc-99m MAA Reduced Particle UD Contract Period: Year 5 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Survey Meter Calibration Contract Period: Year 5 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

GRAND TOTAL ________________

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(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; 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) [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 52.216-18 ORDERING (AUG 2020)

(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 10/1/2022 through 9/30/2027.

(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) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the

Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(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 Year 1, 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 Year 1;

(2) Any order for a combination of items in excess of TBD; or

(3) A series of orders from the same ordering office within 180 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 7 days after issuance, with written notice stating the

Contractor's intent not to ship the item (or items)…