36C24524Q0181 Radiopharmaceuticals 1.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

36C24524Q0181 01-19-2024

Theresa Thomas 410-642-2411 x25261 01-29-2024

4PM EST

36C245 Department of Veterans Affairs VA Maryland Health Care System Contracting Officer (90C) P.O. Box 1000, Bldg. 101, Room 26 Perry Point MD 21902 theresa.thomas7@va.gov

X

325412

1300 Employees

N/A

X

Department of Veterans Affairs Beckley WV VA Medical Center 200 Veterans Ave.

Beckley, WV. 25801

36C245

Department of Veterans Affairs VA Maryland Health Care System Contracting Officer (90C) P.O. Box 1000, Bldg. 101, Room 26 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 Radiopharmaceuticals Base Plus Four Option Year Indefinite Delivery Requirements contract.

This solicitation is being created in accordance with FAR 13 For a 30-day ARO supporting the Beckley WV VA Medical Cntr.

Please see pages 5-26 for detailed information.

Base Year 3/1/2024 – 2/28/2025 Option Year 1 3/1/2025 – 2/28/2026 Option Year 2 3/1/2026 – 2/28/2027 Option Year 3 3/2/2027 – 2/29/2028 Option Year 4 3/1/2028 – 2/28/2029 The estimated total for the contract is $600,000.00. This total could be more or less.

Questions to close on 1/24/2024 at 2PM EST. Email questions

Solicitation to close on 1/29/2024 at 4PM EST. Please email bid quotes to 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 mailto:theresa.thomas7@va.gov

36C24524Q0181

A.2 CONTINUATION PAGE – SCHEDULE OF SUPPLIES/SERVICES

THIS REQUIREMENT IS FOR A CONTRACTOR TO PROVIDE RADIOPHAMACEUTICALS

FOR THE BECKLEY WV VA MEDICAL CENTER (VAMC). THIS CONTRACT WILL SERVE AS

A VEHICLE TO ENSURE PATIENTS HAVE AN ADEQUATE AMOUNT OF SUPPLIES.

SOLICITATION IS FOR ITEMS THAT ARE BRAND NAME OR EQUAL TO THE ITEMS

LISTED IN – PRICE/COST SCHEDULE.

INDEFINITE DELIVERY CONTRACT IS BEING USED BECAUSE IT IS IMPOSSIBLE TO

DETERMINE WITH ANY CERTAINTY THE EXACT AMOUNT OF PRODUCT THAT WILL BE

REQUIRED UNDER THIS CONTRACT. HOWEVER, THE EXACT MEDICAL PRODUCTS AND

SUPPLIES ARE ATTACHED TO THIS SOLICITATION.

THE GOVERNMENT RESERVES THE RIGHT TO ONE-ON-ONE DISCUSSIONS WITH

QUOTERS TO CLARIFY ANY INFORMATION GIVEN.

THIS CONTRACT WILL BE FOR FOB DESTINATION ALL QUOTES RECEIVED ANY OTHER

WHY ARE CONSIDER NONRESPONSIVE.

IT IS ANTICIPATED THAT A FIRM FIXED PRICE, SINGLE AWARD, INDEFINITE

DELIVERY REQUIREMENTS CONTRACT, SHALL BE AWARDED AS A RESULT OF THIS

SOLICITATION. THE GOVERNMENT RESERVES ALL RIGHTS TO AWARD ALL OR NONE.

THE ESTIMATED MAXIMUM OF THE CONTRACT IS $600,000.00, HOWEVER THIS

ESTIMATE COULD BE MORE OR LESS.

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

A.2 CONTINUATION PAGE – SCHEDULE OF SUPPLIES/SERVICES.…………………2

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

B.4 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

C.2 52.216-18 ORDERING (AUG 2020)

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

C.4 52.216-21 REQUIREMENTS (OCT 1995)

C.5 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

C.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...34

C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.8 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.9 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

C.10 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

C.11 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEC 2023)

C.12 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

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

E.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.6 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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 Contracting Officer P.O. Box 1000, Bldg. 101, Room 26 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 after delivery, acceptance and invoicing.

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 ISOTOPES

Brand name or equal to

1. General: Contractor shall provide radiopharmaceutical products in accordance with Public Law

104-262 and 38 USC 8153 for the Department of Veterans Affairs Medical Center, Beckley, West Virginia. Contractor and any/all sub-contractors shall be licensed by the Nuclear Regulatory Commission and be regularly established in the business of providing radiopharmaceuticals. The delivery order will specify the item and quantity of the items delivered and the time of delivery.

2. Scope: The Contractor is responsible for providing the requested radiopharmaceuticals at the requested time. If the ordered radiopharmaceuticals are not available and cannot be delivered to the Beckley VAMC when needed, the contractor will notify the Beckley Nuclear Medicine Department and obtain the needed doses from another source, including another nuclear pharmacy, to be delivered as close to the requested time to provide timely care to Beckley VAMC patients. The contractor will provide all radiopharmaceuticals in single dose containers as specified. The cost of each radiopharmaceutical will be calculated on a per vial, per syringe, or a per millicurie amount as indicated in contract pricing.

3. Contract Type: Firm Fixed Price

4. Period of Performance: Base Plus Four Option years

5. Place of performance: Beckley WV VA Medical Center 200 Veterans Ave. Beckley, WV. 25801

6. Line item CLINS:

Item # Description QTY UNIT OF

MEASURE

MANUFACTURER

NAME

PRODUCT # EA TOTAL

0001 cardiolite 1000

0002 myoview 710

0003 Technetium mci 3500

0004 I-123 20

0005 Ceretec HMPAO 2

0006 choletec 75

0007 pyrolite 10

0008 DTPA 30

0009 HDP Oxidronate 100

0010 sulfur colloid 25

0011 Mag 3 25

0012 IN-111 WBC 5

7. Technical Requirement: Delivery- The contractor will provide, as needed, additional radiopharmaceuticals requested during normal duty hours Monday-Friday (6:00 AM to 4:30

PM).

Identification of radiopharmaceutical delivery personnel will be readily verifiable by identification badge including name of employee and contractor.

Delivery times and dates will be provided when the order is placed. When ordered by 5:00 p.m.

local time, items will be delivered the next morning by 7:00 a.m. for the activity specified. Second same-day deliveries will be provided upon request.

Contractor will provide a quarterly linearity source at no charge. The activity requested can range from 25 to 250mCi.

Contractor will be responsible for pickup and disposal of all radioactive waste generated by use of the contractor’s radiopharmaceuticals. This will be done in accordance with all state and federal laws/regulations.

Contractor is responsible for quality control on each agent dispensed. Contractor will provide In- 111 leukocyte labeling service via nearest lab. Contractor must be available 24 hours on call for emergency procedures.

Contractor will credit unused doses of cardiolite/myoview, HDP/MDP and DTPA. Offerors shall provide all items as listed in the solicitation. It is the intent of the Government to make a single award for Radiopharmaceuticals. Offerors are encouraged to submit a quote price for ALL line items and option years indicated to be determined responsive.

Contractor shall provide radiopharmaceuticals deliveries on-site to the Department of Veterans Affairs, Veterans Medical Center, 200 Veterans Avenue, Beckley, West Virginia: daily (at least one delivery, more if needed), Monday through Friday.

The annual quantity listed herein maximum number of radiopharmaceuticals required under this contract.

8. Certification and Licensing: Personnel assigned by the contractor to prepare and provide the products covered by this contract shall be licensed in a State, Territory or Commonwealth of the United States or the District of Columbia. The qualifications of such personnel shall also be subject to review by the Beckley, WV VAMC Chief of Staff and approval by the Beckley, WV VAMC Facility Director.

9. Quality: The quantity of radioactivity for supplied radiopharmaceuticals will not deviate more than +10% at the time of calibration, from the quantities specified.

Contractor will perform all quality control procedures on each radiopharmaceutical according to applicable requirements of licensing authorities and other regulating bodies. A copy of the results of the quality control procedures must be made available to the Beckley VAMC upon request.

If a quality control or material defect is suspected and/or detected by any Veterans Affairs COR, the Contractor will be requested to provide any consultation necessary to alleviate any said suspicion and/or defect by the following:

a. Provide technical expertise in calibration;

b. Provide professional examination of product; submit results and recommendations to the Contacting Officer;

c. Make expedient replacement of any product suspected of being deficient

d. Contractor shall make quality control records available to the Beckley VAMC upon written request from the Contracting Officer;

e. Quantities expressed in the schedule are estimates based on historical usage for one year. However, quantities may vary based on patient demand

f. Contractor must provide waste disposal at no additional charge of used radioactive dose syringes, vials, etc.

g. Contractor must provide full credit for unused dose of Technetium-99m Myoview (Tetrofosmin) and Technetium-99m Cardolite (Sestamibi)

h. Contractor shall provide any additional technical support deemed necessary for the technical staff, physicians, and patient education.

i. Any recalled dose for any reason shall be credited to the service for the full amount.

j. All individual doses shall be traceable to the original elution if requested.

k. Any dose deemed below standard by the facility shall be credited toward the account (e.g., unacceptable thyroid, stomach, kidney, or tissue uptake). This shall be determined by the facility RSO and Authorized User.

l. Substitutions or Generic Brands may only be used with the express written permission of the facility.

m. Contractor will supply Nuclear Medicine Management System for keeping records or QC and QA as required by regulatory agencies.

Contractor will meet all requirements of regulatory agencies for shipment of radioactive isotope between facilities and will strictly adhere to these requirements. Shipments not properly handled according to regulations will not be accepted at the Beckley VAMC.

Contractor will be responsible for all costs for any radiopharmaceuticals and nonradioactive items contracted for use at the Beckley VAMC and must find an alternate supplier for contracted items.

In the event of a manufacturer or pharmacy recall or quality assurance failure, the contractor will notify the Beckley VAMC Nuclear Medicine Service immediately.

A radiopharmacist in the employ of the successful vendor must be available to:

a. Set up the quality assurance program on radiopharmaceutical preparations required by FDA, NRC, CAP, USP, and the Joint Commission.

b. Act as a reference source concerning questions on regulation of radiopharmaceuticals.

c. Provide reference services for research drugs and radionuclides under research protocols.

d. Provide instruction (continuing education) to technologists on new changes in radiopharmaceutical products and availability.

Quality Assurance Surveillance Plan: Contractor will be monitored for performance of services according to the following criteria, with the incentive/disincentive being past performance ratings:

a. Accuracy of delivered order: all daily deliveries should match order placed.

b. Timeliness of deliveries: all daily deliveries should arrive according to statements above.

c. Compliance of shipping containers: all containers will be secured and labeled according to NRC and DOT regulations.

d. Radiation safety review: package surveys and wipes for removable contamination will meet NRC and DOT guidelines.

e. Communication of industry issues: industry shortages or product recalls will be communicated within 24 hours.

Interested vendor to respond by RFQ solicitation close date in the required formats PDF/Excel listed below:

10. Evaluation factors:

Technical Factor (1) PDF FORMAT- 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 point of contacts and sub-contractor Point of contact info, Provide delivery and manufacturer Radiopharmaceutical valid permits for West Virginia, provide place of manufacturer, included self-certification to meet routine and emergency delivery requirements/completion in SOW.

Acceptable quote meets vendor acknowledged and agreed 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 point of contacts and sub-contractor Point of contact info, Provide delivery and manufacturer Radiopharmaceutical valid permits for West Virginia, provide place of manufacturer, included self-certification to meet routine and emergency delivery requirements/completion in SOW

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) PDF/Word Format: Vendor to provide 2 references relevant VA contract number POC name, email, and phone info awarded in the last 3 years.

Acceptable quote: Vendor acknowledged past performance with relevant references, references are acceptable, and provided required minimum references.

Unacceptable/non-responsive quote: Vendor fails to acknowledge past performance, did not provide required minimum relevant references, or references unacceptable. Missing or incomplete quote package/responses will be considered non-responsive.

Price (3) Excel Format:

Vendor to provide to each year (Qty 5) priced quote for all line items on attached excel spread sheet.

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

Unacceptable/ non-responsive quote: Vendor did not meet technical requirements, past performance, and 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 best value to the Government using comparative evaluation process with price, technically and past 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.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

12.00 MO __________________ __________________

Radiopharmaceuticals Contract Base Plus 4 Option Years

Contract Period: Base POP Begin: 03-01-2024 POP End: 02-28-2025 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6505 - Drugs and Biologicals

0.00 MO __________________ __________________

Tc-99m Pentetate (DTPA)

Contract Period: Base POP Begin: 03-01-2024 POP End: 02-28-2025 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

I-123 USP NaI 100 uCi Cap

Contract Period: Base POP Begin: 03-01-2024 POP End: 02-28-2025 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Tc-99m Mertiatide (MAG3)

Contract Period: Base POP Begin: 03-01-2024 POP End: 02-28-2025 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

In-111 Autologous WBC Suspension

Contract Period: Base POP Begin: 03-01-2024 POP End: 02-28-2025 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Tc-99m Pyrophosphate (Pyrolite) Contract Period: Base POP Begin: 03-01-2024 POP End: 02-28-2025 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Tc-99m Mebrofenin UD (choletec)

Contract Period: Base POP Begin: 03-01-2024 POP End: 02-28-2025 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Tc-99m NaTcO4 UD mCi

Contract Period: Base POP Begin: 03-01-2024 POP End: 02-28-2025 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Tc-99m Oxidronate UD (HDP)

Contract Period: Base POP Begin: 03-01-2024 POP End: 02-28-2025 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Tc-99m Sestamibi UD (Cardiolite)

Contract Period: Base POP Begin: 03-01-2024 POP End: 02-28-2025 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Tc-99m Sulfur Colloid UD

Contract Period: Base POP Begin: 03-01-2024 POP End: 02-28-2025 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Tc-99m Tetrofosmin (Myoview)

Contract Period: Base POP Begin: 03-01-2024 POP End: 02-28-2025 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Tc-99m Exametazime (HMPAO) - Ceretec

Contract Period: Base POP Begin: 03-01-2024 POP End: 02-28-2025 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Radiopharmaceuticals IDV Requirements Contract Base Plus 4 Option

Years Contract Period: Option Year 1 POP Begin: 03-01-2025 POP End: 02-28-2026 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Contract Period: Option 1 POP Begin: 03-01-2025 POP End: 02-28-2026 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Contract Period: Option 1 POP Begin: 03-01-2025 POP End: 02-28-2026 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Contract Period: Option 1 POP Begin: 03-01-2025 POP End: 02-28-2026 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Contract Period: Option 1 POP Begin: 03-01-2025 POP End: 02-28-2026 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Tc-99m Pyrophosphate (Pyrolite)

Contract Period: Option 1 POP Begin: 03-01-2025 POP End: 02-28-2026 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Contract Period: Option 1 POP Begin: 03-01-2025 POP End: 02-28-2026 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Contract Period: Option 1 POP Begin: 03-01-2025 POP End: 02-28-2026 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Contract Period: Option 1 POP Begin: 03-01-2025 POP End: 02-28-2026 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Contract Period: Option 1 POP Begin: 03-01-2025 POP End: 02-28-2026

Contract Period: Option 1 POP Begin: 03-01-2025 POP End: 02-28-2026 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Contract Period: Option 1 POP Begin: 03-01-2025 POP End: 02-28-2026 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Contract Period: Option 1 POP Begin: 03-01-2025 POP End: 02-28-2026 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Years Contract Period: Option 2 POP Begin: 03-01-2026 POP End: 02-28-2027 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Contract Period: Option 2 POP Begin: 03-01-2026 POP End: 02-28-2027 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Contract Period: Option 2 POP Begin: 03-01-2026

POP End: 02-28-2027 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Contract Period: Option 2 POP Begin: 03-01-2026 POP End: 02-28-2027 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Contract Period: Option 2 POP Begin: 03-01-2026 POP End: 02-28-2027 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Contract Period: Option 2 POP Begin: 03-01-2026 POP End: 02-28-2027 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Contract Period: Option 2 POP Begin: 03-01-2026 POP End: 02-28-2027 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Contract Period: Option 2 POP Begin: 03-01-2026 POP End: 02-28-2027 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Contract Period: Option 2

POP Begin: 03-01-2026 POP End: 02-28-2027 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Contract Period: Option 2 POP Begin: 03-01-2026 POP End: 02-28-2027 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Contract Period: Option 2 POP Begin: 03-01-2026 POP End: 02-28-2027 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Contract Period: Option 2 POP Begin: 03-01-2026 POP End: 02-28-2027 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Contract Period: Option 2 POP Begin: 03-01-2026 POP End: 02-28-2027 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Years Contract Period: Option 3 POP Begin: 03-01-2027 POP End: 02-29-2028 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Tc-99m Pentetate (DTPA) Contract Period: Option 3 POP Begin: 03-01-2027 POP End: 02-29-2028 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Contract Period: Option 3 POP Begin: 03-01-2027 POP End: 02-29-2028 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Contract Period: Option 3 POP Begin: 03-01-2027 POP End: 02-29-2028 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Contract Period: Option 3 POP Begin: 03-01-2027 POP End: 02-29-2028 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Contract Period: Option 3 POP Begin: 03-01-2027 POP End: 02-29-2028 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Contract Period: Option 3 POP Begin: 03-01-2027 POP End: 02-29-2028 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Contract Period: Option 3 POP Begin: 03-01-2027 POP End: 02-29-2028 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Contract Period: Option 3 POP Begin: 03-01-2027 POP End: 02-29-2028 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Contract Period: Option 3 POP Begin: 03-01-2027 POP End: 02-29-2028 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Contract Period: Option 3 POP Begin: 03-01-2027 POP End: 02-29-2028 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Contract Period: Option 3 POP Begin: 03-01-2027 POP End: 02-29-2028 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Contract Period: Option 3 POP Begin: 03-01-2027 POP End: 02-29-2028

Years Contract Period: Option 4 POP Begin: 03-01-2028 POP End: 02-28-2029 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Contract Period: Option 4 POP Begin: 03-01-2028 POP End: 02-28-2029 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Contract Period: Option 4 POP Begin: 03-01-2028 POP End: 02-28-2029 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Contract Period: Option 4 POP Begin: 03-01-2028 POP End: 02-28-2029 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Contract Period: Option 4 POP Begin: 03-01-2028 POP End: 02-28-2029 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Contract Period: Option 4 POP Begin: 03-01-2028 POP End: 02-28-2029

PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing

Contract Period: Option 4 POP Begin: 03-01-2028 POP End: 02-28-2029 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Contract Period: Option 4 POP Begin: 03-01-2028 POP End: 02-28-2029 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Contract Period: Option 4 POP Begin: 03-01-2028 POP End: 02-28-2029 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Contract Period: Option 4 POP Begin: 03-01-2028 POP End: 02-28-2029 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Contract Period: Option 4 POP Begin: 03-01-2028 POP End: 02-28-2029 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Contract Period: Option 4 POP Begin: 03-01-2028 POP End: 02-28-2029 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

Contract Period: Option 4 POP Begin: 03-01-2028 POP End: 02-28-2029 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation

GRAND TOTAL __________________

B.4 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY DELIVERY DATE

1000 SHIP TO: Beckley WV VA Medical Cntr 200 Veterans Ave.

Beckley, WV 25801 United States

12.00 2/28/2025 Destination

1001 SHIP TO: Same as 1000 0.00 2/28/2025

1002 SHIP TO: Same as 1000 0.00 2/28/2025

1003 SHIP TO: Same as 1000 0.00 2/28/2025

1004 SHIP TO: Same as 1000 0.00 2/28/2025

1005 SHIP TO: Same as 1000 0.00 2/28/2025

1006 SHIP TO: Same as 1000 0.00 2/28/2025

1007 SHIP TO: Same as 1000 0.00 2/28/2025

1008 SHIP TO: Same as 1000 0.00 2/28/2025

1009 SHIP TO: Same as 1000 0.00 2/28/2025

1010 SHIP TO: Same as 1000 0.00 2/28/2025

1011 SHIP TO: Same as 1000 0.00 2/28/2025

1012 SHIP TO: Same as 1000 0.00 2/28/2025

2000 SHIP TO: Same as 1000 12.00 2/28/2026

2001 SHIP TO: Same as 1000 0.00 2/28/2026

2002 SHIP TO: Same as 1000 0.00 2/28/2026

2003 SHIP TO: Same as 1000 0.00 2/28/2026

2004 SHIP TO: Same as 1000 0.00 2/28/2026

2005 SHIP TO: Same as 1000 0.00 2/28/2026

2006 SHIP TO: Same as 1000 0.00 2/28/2026

2007 SHIP TO: Same as 1000 0.00 2/28/2026

2008 SHIP TO: Same as 1000 0.00 2/28/2026

2009 SHIP TO: Same as 1000 0.00 2/28/2026

2010 SHIP TO: Same as 1000 0.00 2/28/2026

2011 SHIP TO: Same as 1000 0.00 2/28/2026

2012 SHIP TO: Same as 1000 0.00 2/28/2026

3000 SHIP TO: Same as 1000 12.00 2/28/2027

3001 SHIP TO: Same as 1000 0.00 2/28/2027

3002 SHIP TO: Same as 1000 0.00 2/28/2027

3003 SHIP TO: Same as 1000 0.00 2/28/2027

3004 SHIP TO: Same as 1000 0.00 2/28/2027

3005 SHIP TO: Same as 1000 0.00 2/28/2027

3006 SHIP TO: Same as 1000 0.00 2/28/2027

3007 SHIP TO: Same as 1000 0.00 2/28/2027

3008 SHIP TO: Same as 1000 0.00 2/28/2027

3009 SHIP TO: Same as 1000 0.00 2/28/2027

3010 SHIP TO: Same as 1000 0.00 2/28/2027

3011 SHIP TO: Same as 1000 0.00 2/28/2027

3012 SHIP TO: Same as 1000 0.00 2/28/2027

4000 SHIP TO: Same as 1000 12.00 2/29/2028

4001 SHIP TO: Same as 1000 0.00 2/29/2028

4002 SHIP TO: Same as 1000 0.00 2/29/2028

4003 SHIP TO: Same as 1000 0.00 2/29/2028

4004 SHIP TO: Same as 1000 0.00 2/29/2028

4005 SHIP TO: Same as 1000 0.00 2/29/2028

4006 SHIP TO: Same as 1000 0.00 2/29/2028

4007 SHIP TO: Same as 1000 0.00 2/29/2028

4008 SHIP TO: Same as 1000 0.00 2/29/2028

4009 SHIP TO: Same as 1000 0.00 2/29/2028

4010 SHIP TO: Same as 1000 0.00 2/29/2028

4011 SHIP TO: Same as 1000 0.00 2/29/2028

4012 SHIP TO: Same as 1000 0.00 2/29/2028

5000 SHIP TO: Same as 1000 12.00 2/28/2029

5001 SHIP TO: Same as 1000 0.00 2/28/2029

5002 SHIP TO: Same as 1000 0.00 2/28/2029

5003 SHIP TO: Same as 1000 0.00 2/28/2029

5004 SHIP TO: Same as 1000 0.00 2/28/2029

5005 SHIP TO: Same as 1000 0.00 2/28/2029

5006 SHIP TO: Same as 1000 0.00 2/28/2029

5007 SHIP TO: Same as 1000 0.00 2/28/2029

5008 SHIP TO: Same as 1000 0.00 2/28/2029

5009 SHIP TO: Same as 1000 0.00 2/28/2029

5010 SHIP TO: Same as 1000 0.00 2/28/2029

5011 SHIP TO: Same as 1000 0.00 2/28/2029

5012 SHIP TO: Same as 1000 0.00 2/28/2029

SECTION C - CONTRACT CLAUSES

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

COMMERCIAL SERVICES (NOV 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by

EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records.

The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts;

18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti- Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

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

C.2 52.216-18 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 3/1/2024 through 2/28/2029.

(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 0.70, 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 $150,000.00;

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

(3) A series of orders from the same ordering office within 30 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 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.4 52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or…