36C24523Q0027 Radiopharmaceuticals.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

36C24523Q0027 09-15-2022

Theresa Thomas 410-642-2411 09-21-2022

4PM EDT

Department of Veterans Affairs VA Maryland Health Care System Contract Specialist P.O. Box 1000, Bldg. 101B Perry Point MD 21902 theresa.thomas7@va.gov

X

325412

1250 Employees

N/A

X

Washington DC VA Medical Center 50 Irving Street NW Washington, DC. 20422

VA Maryland Health Care System Contract Specialist P.O. Box 1000, Bldg. 101B Perry Point MD 21902

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

Request for Quote (RFQ) for the Radiopharmaceutical supplies.

This solicitation is being created in accordance with FAR 13 for a 30-day ARO supporting the Washington DC VAMC.

See page 4-25 for detailed information.

Questions are due, via email by 9/19/22 at 12PM EST. Email theresa.thomas7@va.gov

Solicitation closes on 9/21/22 at 4PM EST.

Email responses to Theresa Thomas: theresa.thomas7@va.gov

See CONTINUATION Page

X X

X 1

Contracting Officer mailto:theresa.thomas7@va.gov http://www.fsc.va.gov/einvoice.asp

36C24523Q0027

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK

B.3 PRICE SCHEDULE

B.4 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2021)

C.2 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.3 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND

COMPLIANCE (JUL 2018)

C.4 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.5 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 34

C.6 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

C.7 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

C.8 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

C.9 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.10 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: Department of Veterans Affairs VA Maryland Health Care System Contract Specialist P.O. Box 1000, Bldg. 101B Perry Point MD 21902 Theresa.thomas7@va.gov

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] Monthly

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

mailto:Theresa.thomas7@va.gov

B.2 STATEMENT OF WORK

RADIOPHARMACEUTICALS

DESCRIPTION

The Contractor shall provide and deliver radiopharmaceuticals to the Nuclear Medicine Section, Radiology Service at the DC Veterans Affairs Medical Center (DC VAMC), 50 Irving Street N.W., Washington, D.C. 20422 with a Base and four Option years. Deliveries shall be made, Monday thru Sunday on a scheduled time from a given list of radiopharmaceuticals. The Contractor shall be able and/or capable of providing emergency orders on demand during normal duty hours and after normal duty hours.

DELIVERY

The Contractor shall deliver radiopharmaceuticals to the Nuclear Medicine Section of Radiology Service at the DC VAMC, Mon – Fri to GD-211, but all FDG and F18 orders will be delivered to room GD-122. The contractor also needs to be able to deliver Ga68 Illuccix, Ga68 Locametz, Cu64 DetectNet to room GD-122 The first shipment of daily radiopharmaceuticals orders needs to be delivered by 6:00am, second shipment by 10:00am and third shipment by 2:00pm.

All emergency orders for radiopharmaceutical doses will be placed by a nuclear medicine staff technologist on an emergency need basis. The contractor will deliver all emergency Radiopharmaceuticals doses within two hours of the dose being ordered to the Nuclear Medicine Department.

All emergency /stat orders placed during normal duty hours may be a charged no more than $75.00 per delivery.

All emergency/stat orders placed after normal duty hours between the hours of 4:30pm-6:30am may be a charged of no more than $75.00 for after hour call out and $75.00 for delivery

Due to the demands of the Medical Center care requirements, there shall be no restriction to the number of orders which may be placed by VA, nor the number of deliveries required per day Mon- Fri 630am - 430pm.

The Contractor shall supply a standing order of bulk LEU Technetium 99m in the amount of eighty (80) millicuries calibrated for 8 am and one hundred (100) millicuries calibrated for 4pm Mon-Fri and for Saturday and Sunday one hundred (100) millicuries with a calibration time of 8am and 4pm unless cancelled by the Contracting Officer’s Technical Representative (COTR) or designee. All weekend orders shall be delivered to Room GD-211 by 4:00 AM on Saturdays and Sundays.

The contractor shall provide capability for online/web ordering of all radiopharmaceuticals.

A daily packing slip should accompany all Radiopharmaceutical shipments to the Nuclear Medicine Department for all orders placed. The packing slip shall include a bar code that’s compatible and also be able to be scanned into the Nuclear Pharmacy Management System (NMIS) for tracking purposes. The delivery order shall specify contract item (s) and quantity, time (s) of delivery.

The contractor will calibrate all Radiopharmaceutical doses to ensure proper activity ranges of +/-10 percent of the specified ordered dose based on specific requirements provided by the Nuclear Medicine Department based on guidelines outlined in 10 CFR Part 35. The Contractor will ensure that all Radiopharmaceuticals doses provided are compound and calibrated by or under the supervision of a certified pharmacist.

The contractor shall provide courier service that is accordance with Department of Transportation, Nuclear Regulatory Commission and other applicable regulating enabling the delivery of all Radiopharmaceuticals. All couriers shall be licensed and shall submit all required paperwork in order to be granted access to DCVAMC.

The contractor shall provide any training or education required to meet commercial standards related to use of radiopharmaceuticals to all staff Nuclear Medicine Technologists stationed at

DCVAMC.

The contractor shall be able to work with NMIS, the current Nuclear Medicine Management program at DCVAMC. This shall allow for the receipt, inventory and proper documentation of Radiopharmaceutical doses dispensed.

Access to the Nuclear Department location during non-business hours shall be obtained by contacting the VA Police to accompany the delivery person to the nuclear medicine department and supervise the delivery.

Time of delivery specified or mutually agreed to at the time of receipt of web ordering during normal duty hours and telephone orders after normal duty hours shall become mandatory upon the Contractor. Failure to perform in accordance with the delivery commitment may be grounds for termination of the contract in accordance with the provisions for default. The contractor shall notify DCVAMC Nuclear Medicine Department immediately should the inability arise to provide Radiopharmaceutical doses.

The contractor shall perform the required work at the DC VAMC on the specified delivery schedule including holidays.

Federal Holidays observed by the DC VAMC are:

New Year’s Day Labor Day Martin Luther King Day Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

**VENDOR MUST PROVIDE PRICING FOR THE BASE YEAR OF THE CONTRACT AND

ALL OPTION YEARS.

Item Description Normal Dose Est. Annual Quantity

F-18 FDG UD

F-18 NAF UD

Ga-67 Gallium Citrate UD

I-123 Iobenguane Sulfate UD

I-123 USP NAI 200 uCi Cap

I-131 NAI DX Cap mCi

I-131 USP NAI TX Cap

In-111 Autologous WBC Suspension

In-111 Pentetreotide UD

In-111 WBC Blood Heparin

Macro Aggregated Albumin Vial

Mebrofenin Vial

Oxidonate Vial

Pentetate Vial

Sincalide Solution UD-(dose)

Sincalide Vial

LEU Tc-99m Cardiolite (sestamibi) UD

15 mCi

10 mCi

4-8 mCi

200 uCi cap

3-5 mCi

10-200 mCi

500 uCi

6 mCi

Kit

Vial

1.55-2.1 ug

20 mCi

LEU Tc-99m Filtered Sulfur Colloid UD

LEU Tc-99m Macro Aggregated Albumin

LEU Tc-99m Mertiatide UD

LEU Tc-99m NaTc04 MD

LEU Tc-99m NaTc04 UD

LEU Tc-99m Oxidronate UD

LEU Tc-99m Pentetate (Aerosol) UD

LEU Tc-99m Pyrophosphate UD

LEU Tc-99m Sulfur Colloid Egg

LEU Tc-99m Sulfur Colloid UD

LEU Tc-99m Tetrofosmin UD

LEU Tc-99m Lymphoseek UD

LEU Tc-99m MDP

Tl-201 Thallous Chloride UD

UltraTag Kit

Ra-223 Dichloride (Xofigo)

LEU Tc99m Ceretec Tagged WBC Scan

LEU Tc-99m Mebrofein/Choletec

2 mCi

8 mCi

80-100 mCi

40 mCi

25 mCi

40 mCi

1 mCi

1 mCi

15 & 35 mCi

500 uCi

1 & 3 mCi

Kit

UD

UD

5 mCi

PAYMENT

Invoices shall be submitted monthly in arrears. Invoices MUST INCLUDE, at a minimum, the following information:

a. Contractor name

b. Purchase order number

c. Period of service the billing covers

d. List of services rendered during the stated period of service

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

25.00 EA __________________ __________________

Tc-99m Sestamibi UD, Dose 1-30 mCi Contract Period: Base POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6505 - Drugs and Biologicals

MANUFACTURER PART NUMBER (MPN): 102994

LOCAL STOCK NUMBER: 102994

1,600.00 EA __________________ __________________

Tc-99m Tetrofosmin UD, Dose 1-30 mCi Contract Period: Base

Ga68 Illuccix

Ga68 Locametz

Ga68 NETSPOT

CU64 DetectNet

5 mCi

POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6505 - Drugs and Biologicals

MANUFACTURER PART NUMBER (MPN): 103006

LOCAL STOCK NUMBER: 103006

2,100.00 EA __________________ __________________

Tc-99m NaTcO4 MD, mCi Contract Period: Base POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6505 - Drugs and Biologicals

MANUFACTURER PART NUMBER (MPN): 102983

LOCAL STOCK NUMBER: 102983

115.00 EA __________________ __________________

Tc-99m NaTcO4 UD mCi, Dose 1.30 mCi Contract Period: Base POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6505 - Drugs and Biologicals

MANUFACTURER PART NUMBER (MPN): 102984

LOCAL STOCK NUMBER: 102984

550.00 EA __________________ __________________

Tc-99m Macro Aggregated Albumin UD *, Dose 1-7 mCi Contract Period: Base POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6505 - Drugs and Biologicals

MANUFACTURER PART NUMBER (MPN): 102970

LOCAL STOCK NUMBER: 102970

0.00 EA __________________ __________________

Tc-99m Mebrofenin UD, Dose 1-8 mCi Contract Period: Base POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Manufacturing PRODUCT/SERVICE CODE: 6505 - Drugs and Biologicals

MANUFACTURER PART NUMBER (MPN): 102974

LOCAL STOCK NUMBER: 102974

20.00 EA __________________ __________________

Tc-99m Mebrofenin/Choletec, Dose 5 mCi Contract Period: Base POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6505 - Drugs and Biologicals

MANUFACTURER PART NUMBER (MPN): 102974

LOCAL STOCK NUMBER: 102974

Tc-99m Mertiatide UD *, Dose 1-10 mCi Contract Period: Base POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6505 - Drugs and Biologicals

MANUFACTURER PART NUMBER (MPN): 102980

LOCAL STOCK NUMBER: 102980

200.00 EA __________________ __________________

Tc-99m Oxidronate UD *, Dose 1.25 mCi Contract Period: Base POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6505 - Drugs and Biologicals

MANUFACTURER PART NUMBER (MPN): 102986

LOCAL STOCK NUMBER: 102986

Tc-99m MAA reduced particle, Dose 1-7 mCi Contract Period: Base POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6505 - Drugs and Biologicals

MANUFACTURER PART NUMBER (MPN): 103728

LOCAL STOCK NUMBER: 103728

Tc-99m sulfur colloid egg substitute, Dose 1 mCi Contract Period: Base POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6505 - Drugs and Biologicals

MANUFACTURER PART NUMBER (MPN): 108001

LOCAL STOCK NUMBER: 108001

75.00 EA __________________ __________________

Tc-99m sulfur colloid egg, Dose 1 mCi Contract Period: Base POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing

10.00 EA __________________ __________________

Tc99m sulfur colloid UD, Dose 1 mCi Contract Period: Base POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

5.00 EA __________________ __________________

Tc-99m Pyrophosphate UD, Dose 1-30 mCi Contract Period: Base POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6505 - Drugs and Biologicals

MANUFACTURER PART NUMBER (MPN): 102991

LOCAL STOCK NUMBER: 102991

Tc-99m Filtered Sulfur Colloid UD, Dose 2 mCi

POP Begin: 10-01-2022

POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

70.00 EA __________________ __________________

Tc-99m Pentetate (Aerosol) UD, Dose 40 mCi Contract Period: Base POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

50.00 EA __________________ __________________

Tc-99m Lymphoseek UD, Dose 500 uCi Contract Period: Base POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Tc-99m MDP, Dose 25 mCi Contract Period: Base POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Tc-99m Ceretec Tagged WBC Scan, UD Contract Period: Base POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

25.00 EA __________________ __________________

Tc-99m Cardiolite (sestamini) UD, Dose 20 mCi Contract Period: Base

POP End: 09-30-2023

PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

I-123 USP NaI 200 uCi Cap, CAP 200iCi Contract Period: Base POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6505 - Drugs and Biologicals

MANUFACTURER PART NUMBER (MPN): 102338

LOCAL STOCK NUMBER: 102338

I-123 lobenguane Sulfate UD, Dos 10 mCi Contract Period: Base POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

I-131 USP NaI DX Cap mCi * (Base), Dose 1-6 mCi Contract Period: Base POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6505 - Drugs and Biologicals

MANUFACTURER PART NUMBER (MPN): 102366

LOCAL STOCK NUMBER: 102336

I-131 USP NaI DX Cap mCi (each addt'l mCi) * ( mCi ) Contract Period: Base POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6505 - Drugs and Biologicals

MANUFACTURER PART NUMBER (MPN): 102366

LOCAL STOCK NUMBER: 102366

I-131 USP NaI DX Cap uCi * Contract Period: Base POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6505 - Drugs and Biologicals

MANUFACTURER PART NUMBER (MPN): 102367

LOCAL STOCK NUMBER: 102367

I-131 USP NaI TX Cap * (Base) Dose 1-6 mCi Contract Period: Base POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6505 - Drugs and Biologicals

MANUFACTURER PART NUMBER (MPN): 102372

LOCAL STOCK NUMBER: 102372

I-131 USP NaI TX Cap (each addt'l mCi) * ( mCi ) Contract Period: Base POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6505 - Drugs and Biologicals

MANUFACTURER PART NUMBER (MPN): 102372

LOCAL STOCK NUMBER: 102372

In-111 Autologous WBC Suspension * 1-25 mCi Contract Period: Base POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6505 - Drugs and Biologicals

MANUFACTURER PART NUMBER (MPN): 102410

LOCAL STOCK NUMBER: 102410

Macro Aggregated Albumin Vial * Contract Period: Base POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6505 - Drugs and Biologicals

MANUFACTURER PART NUMBER (MPN): 102659

LOCAL STOCK NUMBER: 102659

Mebrofenin Vial Contract Period: Base POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6505 - Drugs and Biologicals

MANUFACTURER PART NUMBER (MPN): 102574

LOCAL STOCK NUMBER: 102574

Oxidronate Vial * Contract Period: Base POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6505 - Drugs and Biologicals

MANUFACTURER PART NUMBER (MPN): 102635

LOCAL STOCK NUMBER: 102635

Sincalide Vial * Contract Period: Base POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6505 - Drugs and Biologicals

MANUFACTURER PART NUMBER (MPN): 102767

LOCAL STOCK NUMBER: 102767

Sincalide Solution UD, Dose 1.55-2.1 ug

POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Penetetate Vial * Contract Period: Base POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

I123 Ioflupane, Dose 10 mCi Contract Period: Base POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

60.00 KT __________________ __________________

UltraTag Vial, Vial Contract Period: Base POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6505 - Drugs and Biologicals

MANUFACTURER PART NUMBER (MPN): 103080

LOCAL STOCK NUMBER: 103080

Tc-99m Tilmanocept, Dose up to 1 mCi Contract Period: Base POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6505 - Drugs and Biologicals

MANUFACTURER PART NUMBER (MPN): 103931

LOCAL STOCK NUMBER: 103931

709.00 EA __________________ __________________

F-18 FDG UD, Dose 1-15 mCi Contract Period: Base POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6505 - Drugs and Biologicals

MANUFACTURER PART NUMBER (MPN): 102192

LOCAL STOCK NUMBER: 102192

Ga68 Illuccix, Dose 1-5 mCi Contract Period: Base POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Ga68 Locametz, Dose 3-7 mCi Contract Period: Base POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Ga68 NetSpot, Dose 5 mCi Contract Period: Base POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Cu64 DetectNet, Dose 4 mCi Contract Period: Base POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

419.00 EA __________________ __________________

F-18 NaF UD, Dose 1-15 mCi Contract Period: Base POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6505 - Drugs and Biologicals

MANUFACTURER PART NUMBER (MPN): 102204

LOCAL STOCK NUMBER: 102204

Ga-67 Gallium Citrate UD, Dose 4-8 mCi Contract Period: Base POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

1-131 USP NAI TX Cap, Dose 10-200 mCi Contract Period: Base POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

15.00 EA __________________ __________________

In-111 Pentetreotide UD, Dose 6 mCi Contract Period: Base POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

In-111 WBC Blood Heparin, Kit Contract Period: Base POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

15.00 EA __________________ __________________

TI-201 Thallous Chloride UD, Dose 1 & 3 mCi Contract Period: Base POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Ra-223 Dichloride (Xofigo), UD Contract Period: Base POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

1.00 EA __________________ __________________

Option Year1 Contract Period: Option 1 POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6505 - Drugs and Biologicals

MANUFACTURER PART NUMBER (MPN): OY1

LOCAL STOCK NUMBER: OY1

Option Year2 Contract Period: Option 2 POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6505 - Drugs and Biologicals

MANUFACTURER PART NUMBER (MPN): OY2

LOCAL STOCK NUMBER: OY2

Option Year3 Contract Period: Option 3 POP Begin: 10-01-2025

POP End: 09-30-2026 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6505 - Drugs and Biologicals

MANUFACTURER PART NUMBER (MPN): OY3

LOCAL STOCK NUMBER: OY3

Option Year4 Contract Period: Option 4 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6505 - Drugs and Biologicals

MANUFACTURER PART NUMBER (MPN): OY4

LOCAL STOCK NUMBER: OY4

GRAND TOTAL __________________

B.4 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY

DELIVERY

DATE

0001 SHIP TO: Washington DC VA Medical Center 50 Irving St. NW Washington, DC 20422

25.00 30-days ARO Destination

MARK

FOR:

Anthony Conner 202-745-8000 x57589 anthony.conner@va.gov

0002 SHIP TO: Same as 0001 1,600.00 Same as 0001

MARK

FOR:

Same as 0001

0003 SHIP TO: Same as 0001 1,600.00 Same as 0001

MARK

FOR:

Same as 0001

0004 SHIP TO: Same as 0001 1,600.00 Same as 0001

MARK

FOR:

Same as 0001

0005 SHIP TO: Same as 0001 1,600.00 Same as 0001

MARK

FOR:

Same as 0001

0006 SHIP TO: Same as 0001 1,600.00 Same as 0001

MARK

FOR:

Same as 0001

0007 SHIP TO: Same as 0001 1,600.00 Same as 0001

MARK

FOR:

Same as 0001

0008 SHIP TO: Same as 0001 1,600.00 Same as 0001

MARK

FOR:

Same as 0001

0009 SHIP TO: Same as 0001 1,600.00 Same as 0001

MARK

FOR:

Same as 0001

0010 SHIP TO: Same as 0001 1,600.00 Same as 0001

MARK

FOR:

Same as 0001

0011 SHIP TO: Same as 0001 1,600.00 Same as 0001

MARK

FOR:

Same as 0001

0012 SHIP TO: Same as 0001 1,600.00 Same as 0001

MARK

FOR:

Same as 0001

0013 SHIP TO: Same as 0001 1,600.00 Same as 0001

MARK

FOR:

Same as 0001

0014 SHIP TO: Same as 0001 1,600.00 Same as 0001

MARK

FOR:

Same as 0001

0015 SHIP TO: Same as 0001 1,600.00 Same as 0001

MARK

0016 SHIP TO: Same as 0001 1,600.00 Same as 0001

MARK

FOR:

Same as 0001

0017 SHIP TO: Same as 0001 1,600.00 Same as 0001

MARK

FOR:

Same as 0001

0018 SHIP TO: Same as 0001 1,600.00 Same as 0001

MARK

FOR:

Same as 0001

0019 SHIP TO: Same as 0001 1,600.00 Same as 0001

MARK

FOR:

Same as 0001

0020 SHIP TO: Same as 0001 1,600.00 Same as 0001

MARK

FOR:

Same as 0001

0021 SHIP TO: Same as 0001 1,600.00 Same as 0001

MARK

FOR:

Same as 0001

0022 SHIP TO: Same as 0001 1,600.00 Same as 0001

MARK

FOR:

Same as 0001

0023 SHIP TO: Same as 0001 1,600.00 Same as 0001

MARK

FOR:

Same as 0001

0024 SHIP TO: Same as 0001 1,600.00 Same as 0001

MARK

FOR:

Same as 0001

0025 SHIP TO: Same as 0001 1,600.00 Same as 0001

MARK

FOR:

Same as 0001

0026 SHIP TO: Same as 0001 1,600.00 Same as 0001

MARK

0027 SHIP TO: Same as 0001 1,600.00 Same as 0001

MARK

FOR:

Same as 0001

0028 SHIP TO: Same as 0001 1,600.00 Same as 0001

MARK

FOR:

Same as 0001

0029 SHIP TO: Same as 0001 1,600.00 Same as 0001

MARK

FOR:

Same as 0001

0030 SHIP TO: Same as 0001 1,600.00 Same as 0001

MARK

FOR:

Same as 0001

0031 SHIP TO: Same as 0001 1,600.00 Same as 0001

MARK

FOR:

Same as 0001

0032 SHIP TO: Same as 0001 1,600.00 Same as 0001

MARK

FOR:

Same as 0001

0033 SHIP TO: Same as 0001 1,600.00 Same as 0001

MARK

FOR:

Same as 0001

0034 SHIP TO: Same as 0001 1,600.00 Same as 0001

MARK

FOR:

Same as 0001

0035 SHIP TO: Same as 0001 1,600.00 Same as 0001

MARK

FOR:

Same as 0001

0036 SHIP TO: Same as 0001 1,600.00 Same as 0001

MARK

FOR:

Same as 0001

0037 SHIP TO: Same as 0001 1,600.00 Same as 0001

MARK

0038 SHIP TO: Same as 0001 1,600.00 Same as 0001

MARK

FOR:

Same as 0001

0039 SHIP TO: Same as 0001 1,600.00 Same as 0001

MARK

FOR:

Same as 0001

0040 SHIP TO: Same as 0001 1,600.00 Same as 0001

MARK

FOR:

Same as 0001

0041 SHIP TO: Same as 0001 1,600.00 Same as 0001

MARK

FOR:

Same as 0001

0042 SHIP TO: Same as 0001 1,600.00 Same as 0001

MARK

FOR:

Same as 0001

0043 SHIP TO: Same as 0001 1,600.00 Same as 0001

MARK

FOR:

Same as 0001

0044 SHIP TO: Same as 0001 1,600.00 Same as 0001

MARK

FOR:

Same as 0001

0045 SHIP TO: Same as 0001 1,600.00 Same as 0001

MARK

FOR:

Same as 0001

0046 SHIP TO: Same as 0001 1,600.00 Same as 0001

MARK

FOR:

Same as 0001

0047 SHIP TO: Same as 0001 1,600.00 Same as 0001

MARK

FOR:

Same as 0001

0048 SHIP TO: Same as 0001 1,600.00 Same as 0001

MARK

0049 SHIP TO: Same as 0001 1,600.00 Same as 0001

MARK

FOR:

Same as 0001

1000 SHIP TO: Same as 0001 1,600.00 Same as 0001

MARK

FOR:

Same as 0001

2000 SHIP TO: Same as 0001 1,600.00 Same as 0001

MARK

FOR:

Same as 0001

3000 SHIP TO: Same as 0001 1,600.00 Same as 0001

MARK

FOR:

Same as 0001

4000 SHIP TO: Same as 0001 1,600.00 Same as 0001

MARK

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 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF

COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.]

[] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[X] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[X] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[X] 852.233–70, Protest Content/Alternative Dispute Resolution.

[X] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[X] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause)

C.3 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE

(JUL 2018)

(a) This solicitation includes the clause: 852.215-70 Service-disabled veteran-owned and veteran-owned small business evaluation factors. Accordingly, any contract resulting from this solicitation will include the clause 852.215-71 Evaluation factor commitments.

(b) The Contractor is advised that in performing contract administration functions, the Contracting Officer 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.

(c) 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 Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) 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 Contracting Officer to assess the Contractor compliance with the subcontracting commitments.

(End of Clause)

C.4 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has…