36C24525Q0234_1.docx

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6505--Radiopharmaceuticals Base Plus 4 Option Year IDIQ
Solicitation number
36C24525Q0234
Issued by

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This is a Request for Quote (RFQ) for radiopharmaceutical supplies and services at the VA Martinsburg Medical Center in West Virginia. The solicitation (36C24525Q0234) seeks a contractor to provide radiopharmaceuticals, associated supplies, radiation safety sources, detection equipment, and services under a base plus 4 option year IDIQ contract spanning April 1, 2025 through March 31, 2030.

The contractor must be a licensed radiopharmacy established for at least 5 years, located within 2.5 hours delivery distance, and able to provide three daily deliveries (0730, 1030, and as needed). Key requirements include 24/7 service availability, compliance with USP797/825 standards, ability to compound white blood cells, and maintenance of a web-based ordering system compatible with ec2 Solutions NMIS. Questions are due by February 21, 2025 at 12:00 PM EST, and responses are due by February 28, 2025 at 10:00 AM EST to Kami.Hom@va.gov. The NAICS code is 325412 with a size standard of 1,300 employees. This is an unrestricted competition with no set-asides.

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36C24525Q0234

SUBJECT*
Radiopharmaceuticals Base Plus 4 Option Year IDIQ

GENERAL INFORMATION

CONTRACTING OFFICE’S ZIP CODE*
21902
SOLICITATION NUMBER*
36C24525Q0234
RESPONSE DATE/TIME/ZONE
02-28-2025 10:00am EASTERN TIME, NEW YORK, USA
ARCHIVE
90 DAYS AFTER THE RESPONSE DATE
RECOVERY ACT FUNDS
N

SET-ASIDE

PRODUCT SERVICE CODE*
6505
NAICS CODE*
325412
CONTRACTING OFFICE ADDRESS
Department of Veterans Affairs

VA Maryland Health Care System Contracting Officer (90C) P.O. Box 1000, Bldg. 101, Room 26 Perry Point MD 21902

POINT OF CONTACT*

Contracting Officer Kami Hom Kami.Hom@va.gov

PLACE OF PERFORMANCE

ADDRESS
510 Butler Avenue Bldg 500 Room GD

Martinsburg WV, 25405

POSTAL CODE
25405
COUNTRY
USA

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS
Kami.Hom@va.gov
EMAIL DESCRIPTION
Kami.Hom@va.gov

DESCRIPTION

See RFQ below.

All Questions are due in writing to Kami.Hom@va.gov by February 21, 2025 no later than 12:00pm est.

All Responses are due in writing to Kami.Hom@va.gov by February 28, 2028 no later than 10:00am est.

Fill out and return Line items template with response.

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

*= Required Field
Combined Synopsis/Solicitation Notice

Combined Synopsis/Solicitation Notice

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

36C24525Q0234 Kami Hom 410-642-2411 x22404 02-28-2025 10:00am

EST

Department of Veterans Affairs VA Maryland Health Care System Contracting Officer (90C) P.O. Box 1000, Bldg. 101, Room 26 Perry Point MD 21902 X 325412 1300 Employees N/A X Department of Veterans Affairs 510 Butler Avenue Bldg 500 Room GD100 Martinsburg WV 25405 Department of Veterans Affairs VA Maryland Health Care System Contracting Officer (90C) P.O. Box 1000, Bldg. 101C Room 3 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 Radio-Pharmaceutical Isotopes for Nuclear Medicine Please see pages for detailed information.

Period of Performance:

Base Year | 04/01/2025 - 03/31/2026 Option Year One | 04/01/2026 - 03/31/2027 Option Year Two | 04/01/2027 - 03/31/2028 Option Year Three | 04/01/2028 - 03/31/2029 Option Year Four | 04/01/2029 - 03/31/2030 All Questions are due in writing to Kami.Hom@va.gov by February 21, 2025 no later than :00 P m est.

All Responses are due in writing to Kami.Hom@va.gov by February 28, 2025 no later than 10:00m est.

See CONTINUATION Page X X Kami Hom Contracting Officer Page 1 of Table of Contents

SECTION A4
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES4
SECTION B - CONTINUATION OF SF 1449 BLOCKS7
B.1 CONTRACT ADMINISTRATION DATA7
B.2 STATEMENT OF WORK8
B.3 PRICE/COST SCHEDULE16
ITEM INFORMATION16
B.4 DELIVERY SCHEDULE27
SECTION C - CONTRACT CLAUSES30
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)30
C.2 52.216-18 ORDERING (AUG 2020)36
C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)36
C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)37
C.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)37
C.6 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)38
C.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)38
C.8 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)38
C.9 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)38
C.10 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (JAN 2023) (DEVIATION)39
C.11 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)39
C.12 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)40
C.13 VAAR 852.246-71 REJECTED GOODS (OCT 2018)41
C.14 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)41
C.15 VAAR 852.247-72 MARKING DELIVERABLES (OCT 2018)41
C.16 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)42
C.17 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2025)42
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS51
SECTION E - SOLICITATION PROVISIONS52
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)52
E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)56
E.3 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)59
E.4 52.216-1 TYPE OF CONTRACT (APR 1984)60
E.5 52.233-2 SERVICE OF PROTEST (SEP 2006)60
E.6 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)61
E.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)61
E.8 VAAR 852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY ACCESSIBILITY NOTICE (FEB 2023)62
E.9 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)62
E.10 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)63

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 Kami Hom, Contracting Officer (90C) P.O. Box 1000, Bldg. 101-C, Room 8 Perry Point MD 21902 410-642-2411 x22404 Kami.Hom@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]

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

B.2 STATEMENT OF WORK

STATEMENT OF WORK

RADIOPHARMACEUTICAL SUPPLIES & SERVICES

I. OBJECTIVES:

The Contractor will be required to provide radiopharmaceuticals as outlined in the IGCE listed and associated supplies, radiation safety sources, detection equipment and services to the Veterans Affairs Martinsburg Medical Center, 510 Butler Avenue, Bldg. 500, Martinsburg, WV 25405 Monday through Friday as needed excluding federal holidays as indicated below. Services will include, but are not limited to the following:

II. ABBREVIATIONS USED THROUGHOUT THIS STATEMENT OF WORK

VAMMC-Veterans Affairs Martinsburg Medical Center
USNRC-US Nuclear Regulatory Commission
RP-Radiopharmaceuticals
USDOT-US Department of Transportation
QC-Quality Control
OSHA-Occupational Safety Health Administration
JC-Joint Commission
CFR-Code of Federal Regulations
FDA-US Federal Drug Administration
NMIS-Nuclear Medicine Information System
NMT-Nuclear Medicine Technologist

III. QUALIFICATIONS OF CONTRACTOR:

A. The contractor must be licensed to prepare and distribute radiopharmaceuticals by the USNRC or Agreement State. A copy of the license must be provided to the VAMMC.

B. The contractor must employ Authorized Nuclear Pharmacists to oversee daily operations meeting USNRC 10 CFR 35.55 and 35.57. Qualifications for each pharmacist must be provided to VAMMC.

C. The contractor shall provide Regulatory inspection reports to VAMCM when they occur. This shall include any Notices of Violation and the corrective actions taken by the contractor.

D. The contractor must be an established radiopharmacy for at least 5 years.

E. The contractor must be financially responsible and able to provide past performance evidence of their reliability, ability, experience, equipment, facilities, and personnel to provide prompt satisfactory service.

F. The contractor shall have the ability to provide a minimum of 3 deliveries of radiopharmaceuticals per day. Acceptable times will be 0730, 1030, and 3rd as needed.

G. If radiopharmaceuticals become limited in availability from the manufacturer, we shall be priority over private practices.

H. The contractor shall be located within 2.5 hour from order to delivery.

I. The Contractor must provide 24-hour services, seven days per week and Federal holidays.

J. It is preferable that the contractor have access to multiple resources for obtaining pharmaceutical kits, Mo99-Tc99m generators to minimize the effect of shortages that occur.

K. The contactor shall prepare unit doses in according (including all updates) of US Pharmacopeia including USP797 or USP825.

L. The contractor shall be able to compound white blood cell either using In-111 or Tc99m HMPAO as directed.

M. The Contractor shall have the resources necessary for VAMMC to purchase radiation safety supplies such as, but not limited to, syringe shields, radiation monitoring devices, Quality Assurance Radioactive Sources, etc. This shall be at fair market value. This will not be priced in the bid. VAMMC will add the cost of these items at no cost to the contractor.

N. The contractor shall make every effort to use Non-High Enriched Uranium-derived (HEU) medical isotopes as requested by the Undersecretary of Health Memorandum, dated 03/26/2016.

O. The contractor must keep VAMMC informed with the latest RP that become available.

IV. ORDERING PRODUCT:

A. VAMMC will make routine next day orders placed by 1530 hrs. the day before.

B. The contractor shall have to a maintain an ordering system compatible with an ec2 Solutions NMIS for web base ordering. If some reason NMIS connection is down, orders will be called in by an NMT.

C. Radiopharmaceuticals shall be within 10% of the ordered activity for the time it is calibrated at time of delivery.

V. DELIVERY OF PRODUCT:

A. All packages containing radioactive material shall be labeled and shipped in accordance with Title 49, Code of Federal Regulations Part 172 and 173. Compliance with all applicable regulatory bodies, including FDA and USDOT as required.

B. Three routine deliveries shall be made daily by the contractor at no additional cost to VAMCM. The first will be at or before 07:30am. The second will be delivered by 10:30am. Third will be considered non-routine as needed.

C. Add on doses ordered afterhours shall be ordered to ensure the dose(s) arrive with the second delivery no later the 11:00am.

D. All deliveries shall be made directly to the Hot Lab within the nuclear medicine department.

E. The contractor radiopharmaceutical unit doses will be delivered 30 minutes prior to the calibration time.

F. Early morning deliveries, prior to 07:00am, the contractor will be escorted by the Federal Police to gain access to the department and hot lab.

G. Federal Holidays

· January 1stNew Year’s Day
· 3rd Monday in JanuaryMartin Luther King Jr. Day
· 3rd Monday in FebruaryPresident’s Day
· Last Monday in MayMemorial Day
· June 19thEmancipation Day
· July 4thIndependence Day
· 1st Monday in SeptemberLabor Day
· 2nd Monday in OctoberColumbus Day
· November 11thVeterans Day
· 4th Thursday in NovemberThanksgiving Day
· December 25thChristmas Day

· Any other day specifically declared by the President of the united states to be a national holiday.

VI. PRODUCT DESCRIPTION:

A. The contractor shall provide package inserts and MSDS sheets for each RP.

B. Radiopharmaceuticals shall be delivered as unit doses in shielded containers.

C. Each unit dose shall be labeled contain, at a minimum the following information:

· Contractor’s name and address

· Prescription/lot number

· Customer identification

· Ordering physician name

· Radiopharmaceutical name

· Calibration date/time

· Calibration date/time

· Total volume

· Concentration (mCi/ml)

· Expiration Date/time

D. An additional label shall be affixed to the dose syringe or other container being utilized. It shall contain, at minimum, the following information:

· The radiopharmaceutical name

· The exam to be performed

· Date and time calibrated

· Prescription number

Product Description and Estimated Quantities

Base Year | 4/1/2025 – 3/31/2026

Line Item
Description
Quantity
Unit Dose
1
Tc99m Sestamibi
2400
EA
2
Tc99 Unit Dose <35mCi
60
EA
3
Tc99m Source < 10mCi
20
EA
4
Tc99m MAA
50
EA
5
Tc99m DTPA
50
EA
6
Tc99m MDP
70
EA
7
Tc99m Mebrofenin
50
EA
8
Tc99m SC
30
EA
9
Tc99m MAG3
10
EA
10
Tc99m Exametazime WBC Study
2
EA
11
In111 WBC
4
EA
12
I123 Capsule
10
EA
13
I123 Capsule
4
EA
14
F18 FDG
600
EA
15
Cu64 DetectNet
20
EA
16
Co57 10mCi Flood Source
2
EA
17
Co57 12mCi Line Source
1
EA

Option Year One | 4/1/2026 – 3/31/2027

Line Item
Description
Quantity
Unit Dose
1
Tc99m Sestamibi
2500
EA
2
Tc99 Unit Dose <35mCi
60
EA
3
Tc99m Source < 10mCi
20
EA
4
Tc99m MAA
55
EA
5
Tc99m DTPA
55
EA
6
Tc99m MDP
70
EA
7
Tc99m Mebrofenin
50
EA
8
Tc99m SC
35
EA
9
Tc99m MAG3
10
EA
10
Tc99m Exametazime WBC Study
2
EA
11
In111 WBC
5
EA
12
I123 Capsule
11
EA
13
I123 Capsule
4
EA
14
F18 FDG
650
EA
15
Cu64 DetectNet
30
EA
16
Co57 10mCi Flood Source
3
EA
17
Co57 12mCi Line Source
3
EA

Option Year Two | 4/1/2027 – 3/31/2028

Line Item
Description
Quantity
Unit Dose
1
Tc99m Sestamibi
2500
EA
2
Tc99 Unit Dose <35mCi
60
EA
3
Tc99m Source < 10mCi
20
EA
4
Tc99m MAA
55
EA
5
Tc99m DTPA
55
EA
6
Tc99m MDP
70
EA
7
Tc99m Mebrofenin
50
EA
8
Tc99m SC
35
EA
9
Tc99m MAG3
10
EA
10
Tc99m Exametazime WBC Study
2
EA
11
In111 WBC
5
EA
12
I123 Capsule
11
EA
13
I123 Capsule
4
EA
14
F18 FDG
650
EA
15
Cu64 DetectNet
30
EA
16
Co57 10mCi Flood Source
3
EA
17
Co57 12mCi Line Source
3
EA

Option Year Three | 4/1/2028 – 3/31/2029

Line Item
Description
Quantity
Unit Dose
1
Tc99m Sestamibi
2500
EA
2
Tc99 Unit Dose <35mCi
60
EA
3
Tc99m Source < 10mCi
20
EA
4
Tc99m MAA
55
EA
5
Tc99m DTPA
55
EA
6
Tc99m MDP
70
EA
7
Tc99m Mebrofenin
50
EA
8
Tc99m SC
35
EA
9
Tc99m MAG3
10
EA
10
Tc99m Exametazime WBC Study
2
EA
11
In111 WBC
5
EA
12
I123 Capsule
11
EA
13
I123 Capsule
4
EA
14
F18 FDG
650
EA
15
Cu64 DetectNet
30
EA
16
Co57 10mCi Flood Source
3
EA
17
Co57 12mCi Line Source
3
EA

Option Year Four | 4/1/2029 – 3/31/2030

Line Item
Description
Quantity
Unit Dose
1
Tc99m Sestamibi
2500
EA
2
Tc99 Unit Dose <35mCi
60
EA
3
Tc99m Source < 10mCi
20
EA
4
Tc99m MAA
55
EA
5
Tc99m DTPA
55
EA
6
Tc99m MDP
70
EA
7
Tc99m Mebrofenin
50
EA
8
Tc99m SC
35
EA
9
Tc99m MAG3
10
EA
10
Tc99m Exametazime WBC Study
2
EA
11
In111 WBC
5
EA
12
I123 Capsule
11
EA
13
I123 Capsule
4
EA
14
F18 FDG
650
EA
15
Cu64 DetectNet
30
EA
16
Co57 10mCi Flood Source
3
EA
17
Co57 12mCi Line Source
3
EA

VII. QUALITY CONTROL:

A. All unit doses shall be traceable to the original elution if documentation is requested by VAMMC.

B. The contractor shall perform all necessary quality control procedures in accordance with Title 10 CFR Part 35 and any other Federal regulations that are applicable to the radiopharmacy industry. Each radiopharmaceutical dose shall pass quality control before dispensed to VAMMC.

C. Quality records shall be presented to VAMMC at the time of request for any dose received to include time of QC, time of elution, eluant documentation, time of preparation, and QC breakdown at any point in the material’s shelf life.

VIII. TECHNOLOGY REQUIREMENTS:

VAMMC utilizes electronic records and web-based ordering for RPs with ec2 Software Solutions Nuclear Medicine Management System (NMIS). The contractor must utilize compatible software that interfaces and supported by Biodose/ ec2 (NMIS) software including bar codes and bar code scanner operation.

IX. PACKAGING AND PACKING:

In accordance with accepted commercial practice and nuclear regulatory requirements.

A. All packages containing radioactive material must be labeled and shipped in accordance with Title 49, CFR Part 172 and 173 and compliance with all applicable regulatory bodies, including FDA and US DOT is requisite. An additional label shall be affixed to each syringe, vial, or other container used to hold a radioactive drug to be transferred for commercial distribution. The label must include the radiation symbol and the words "CAUTION, RADIOACTIVE MATERIAL" or "DANGER, RADIOACTIVE MATERIAL" and an identifier that ensures that the syringe, vial, or other container can be correlated with the information on the transport radiation shield label.

X. ADDITIONAL AGREEMENTS/REQUIREMENTS:

A. The contractor must have the resources to deliver radiopharmaceuticals in a minimum of 2 hours from the time the product is ordered. It is understood that White Blood Cell labeling is an exception to the 2hr limit.

B. If there are unforeseen circumstances out of the contractor’s control, such as weather that prevents scheduled delivery, the contractor shall notify VAMMC and determine a reasonable delivery time at no additional cost.

C. The contractor must have the ability to provide Cu64 Detectnet D. For any new radiopharmaceutical that comes to market, the contractor will have the ability to provide training in the use of the product.

XI. INVOICES:

A. The COR shall be provided with invoices for review prior to being submitted.

B. Invoices shall be electronically entered into the Tungsten system and paid to the contractor monthly, in arrears, upon submission of a properly prepared invoice for services/ supplies during the period. All invoices will include name of company name and address, point of contact, contract number, dates of services, purchase order number, invoice number, and an itemized listing of charges.

XII. CREDITS:

The Contractor shall accept returns for full credit toward future orders with no associated charges/return charges under the following conditions:

A. Product(s) ordered or shipped in error B. Product(s) damaged in shipment, C. Concealed shipping damages, D. Recalled product(s), E. Outdated products in unopened, original container, F. Any mutually agreed upon cause or situations that would be deemed reasonable cause in the routine operations of the vendor.

G. 10% credit allowance for unused Tc99m Sestamibi or Generic Sestamibi unit doses.

H. RPs delivered after calibration time

XIII. TECHNICAL REQUIREMENTS

A. EXPERIENCE:

Information should be submitted that will allow the Government to have confidence in the respondent’s ability to successfully perform the contract. The contractor should show a successful experience with same or similar requirements, laws, licenses, and certifications. The following information is to be included in the offeror’s response to the solicitation:

1. Certificates

2. Provide documentation proving the Radio-pharmacists meet the requirements of 10CFR35.55 and 57 including their licensed to provide product services in West Virginia.

3. Submit copies of your Radioactive Materials Licenses and the last two inspection reports. If violations were cited, submit steps taken to bring the facility back to compliance accepted by regulatory commissions.

4. Provide an organizational chart.

5. Provide evidence your facility has 5 years or more experience providing rediopharmacy services.

6. Provide a list of 3 names of current customers as references.

7. Contractor must have Certified Radio-Pharmacists. Provide name(s) and certification. Provide evidence ensuring the capability to provide 3 deliveries per day.

8. Provide evidence of capabilities to deliver products within 2 hours. This includes your capability during routine high traffic areas.

9. Provide the name and manufacturer of your Nuclear Medicine Information System and its capability to directly interface with our ec2 software Nuclear Medicine Information System (NMIS) without loss of previous exam information and regulatory information. Include a statement from the manufacturer attesting its ability to do so.

10. Provide samples of labels on dose shielding and unit doses. i.e. Syringes, vials meeting regulatory compliance.

11. Provide a commitment if radiopharmaceuticals become limited, we receive priority over private practices.

12. Provide the methods used to purchase sealed sources a required.

13. Provide your ability to provide labeled blood products within the expiration time.

14. Provide methods deliveries will arrive at least 30 minutes of the scheduled time of exams.

15. Commit to provide bar coding with the ability to be read with our scanner.

16. Provide the method used to provide PET radiopharmaceuticals.

17. Provide a commitment to providing Cu64 Dotatate. No Substitutes.

18. Provide a commitment of providing invoices for COR review prior to the invoice being submitted for payment. This includes the ability to interface with NMIS and compare radiopharmaceuticals used vs the invoice.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
2,400.00
EA
__________________
__________________

Tc99m Sestamibi Contract Period: Base POP Begin: 04-01-2025 POP End: 03-31-2026 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6505 - Drugs and Biologicals

60.00
EA
__________________
__________________

Tc99m Unit Dose <- 35mCi

POP Begin: 04-01-2025 POP End: 03-31-2026

20.00
EA
__________________
__________________

Tc99m Source <- 10mCi

POP Begin: 04-01-2025 POP End: 03-31-2026

50.00
EA
__________________
__________________

Tc99m MAA

POP Begin: 04-01-2025 POP End: 03-31-2026

50.00
EA
__________________
__________________

Tc99m DTPA

POP Begin: 04-01-2025 POP End: 03-31-2026

70.00
EA
__________________
__________________

Tc99m MDP

POP Begin: 04-01-2025 POP End: 03-31-2026

50.00
EA
__________________
__________________

Tc99m Mebrofenin

POP Begin: 04-01-2025 POP End: 03-31-2026

30.00
EA
__________________
__________________

Tc99m SC

POP Begin: 04-01-2025 POP End: 03-31-2026

10.00
EA
__________________
__________________

Tc99m MAG3

POP Begin: 04-01-2025 POP End: 03-31-2026

2.00
EA
__________________
__________________

Tc99m Exametazime WBC Study

POP Begin: 04-01-2025 POP End: 03-31-2026

4.00
EA
__________________
__________________

In111 WBC

POP Begin: 04-01-2025 POP End: 03-31-2026

10.00
EA
__________________
__________________

I123 Capsule

POP Begin: 04-01-2025 POP End: 03-31-2026

4.00
EA
__________________
__________________

I131

POP Begin: 04-01-2025 POP End: 03-31-2026

600.00
EA
__________________
__________________

F18 FDG

POP Begin: 04-01-2025 POP End: 03-31-2026

20.00
EA
__________________
__________________

Cu64 DetectNet

POP Begin: 04-01-2025 POP End: 03-31-2026

2.00
EA
__________________
__________________

Co57 10mCi Flood Source

POP Begin: 04-01-2025 POP End: 03-31-2026

1.00
EA
__________________
__________________

Co57 12mCi Line Source

POP Begin: 04-01-2025 POP End: 03-31-2026

2,400.00
EA
__________________
__________________

Tc99m Sestamibi Contract Period: Option 1 POP Begin: 04-01-2026 POP End: 03-31-2027

60.00
EA
__________________
__________________

Tc99m Unit Dose <- 35mCi

POP Begin: 04-01-2026 POP End: 03-31-2027

20.00
EA
__________________
__________________

Tc99m Source <- 10mCi

POP Begin: 04-01-2026 POP End: 03-31-2027

50.00
EA
__________________
__________________

Tc99m MAA

POP Begin: 04-01-2026 POP End: 03-31-2027

50.00
EA
__________________
__________________

Tc99m DTPA

POP Begin: 04-01-2026 POP End: 03-31-2027

70.00
EA
__________________
__________________

Tc99m MDP

POP Begin: 04-01-2026 POP End: 03-31-2027

50.00
EA
__________________
__________________

Tc99m Mebrofenin

POP Begin: 04-01-2026 POP End: 03-31-2027

30.00
EA
__________________
__________________

Tc99m SC

POP Begin: 04-01-2026 POP End: 03-31-2027

10.00
EA
__________________
__________________

Tc99m MAG3

POP Begin: 04-01-2026 POP End: 03-31-2027

2.00
EA
__________________
__________________

Tc99m Exametazime WBC Study

POP Begin: 04-01-2026 POP End: 03-31-2027

4.00
EA
__________________
__________________

In111 WBC

POP Begin: 04-01-2026 POP End: 03-31-2027

10.00
EA
__________________
__________________

I123 Capsule

POP Begin: 04-01-2026 POP End: 03-31-2027

4.00
EA
__________________
__________________

I131

POP Begin: 04-01-2026 POP End: 03-31-2027

600.00
EA
__________________
__________________

F18 FDG

POP Begin: 04-01-2026 POP End: 03-31-2027

20.00
EA
__________________
__________________

Cu64 DetectNet

POP Begin: 04-01-2026 POP End: 03-31-2027

2.00
EA
__________________
__________________

Co57 10mCi Flood Source

POP Begin: 04-01-2026 POP End: 03-31-2027

1.00
EA
__________________
__________________

Co57 12mCi Line Source

POP Begin: 04-01-2026 POP End: 03-31-2027

2,400.00
EA
__________________
__________________

Tc99m Sestamibi Contract Period: Option 2 POP Begin: 04-01-2027 POP End: 03-31-2028

60.00
EA
__________________
__________________

Tc99m Unit Dose <- 35mCi

POP Begin: 04-01-2027 POP End: 03-31-2028

20.00
EA
__________________
__________________

Tc99m Source <- 10mCi

POP Begin: 04-01-2027 POP End: 03-31-2028

50.00
EA
__________________
__________________

Tc99m MAA

POP Begin: 04-01-2027 POP End: 03-31-2028

50.00
EA
__________________
__________________

Tc99m DTPA

POP Begin: 04-01-2027 POP End: 03-31-2028

70.00
EA
__________________
__________________

Tc99m MDP

POP Begin: 04-01-2027 POP End: 03-31-2028

50.00
EA
__________________
__________________

Tc99m Mebrofenin

POP Begin: 04-01-2027 POP End: 03-31-2028

30.00
EA
__________________
__________________

Tc99m SC

POP Begin: 04-01-2027 POP End: 03-31-2028

10.00
EA
__________________
__________________

Tc99m MAG3

POP Begin: 04-01-2027 POP End: 03-31-2028

2.00
EA
__________________
__________________

Tc99m Exametazime WBC Study

POP Begin: 04-01-2027 POP End: 03-31-2028

4.00
EA
__________________
__________________

In111 WBC

POP Begin: 04-01-2027 POP End: 03-31-2028

10.00
EA
__________________
__________________

I123 Capsule

POP Begin: 04-01-2027 POP End: 03-31-2028

4.00
EA
__________________
__________________

I131

POP Begin: 04-01-2027 POP End: 03-31-2028

600.00
EA
__________________
__________________

F18 FDG

POP Begin: 04-01-2027 POP End: 03-31-2028

20.00
EA
__________________
__________________

Cu64 DetectNet

POP Begin: 04-01-2027 POP End: 03-31-2028

2.00
EA
__________________
__________________

Co57 10mCi Flood Source

POP Begin: 04-01-2027 POP End: 03-31-2028

1.00
EA
__________________
__________________

Co57 12mCi Line Source

POP Begin: 04-01-2027 POP End: 03-31-2028

2,400.00
EA
__________________
__________________

Tc99m Sestamibi Contract Period: Option 3 POP Begin: 04-01-2028 POP End: 03-31-2029

60.00
EA
__________________
__________________

Tc99m Unit Dose <- 35mCi

POP Begin: 04-01-2028 POP End: 03-31-2029

20.00
EA
__________________
__________________

Tc99m Source <- 10mCi

POP Begin: 04-01-2028 POP End: 03-31-2029

50.00
EA
__________________
__________________

Tc99m MAA

POP Begin: 04-01-2028 POP End: 03-31-2029

50.00
EA
__________________
__________________

Tc99m DTPA

POP Begin: 04-01-2028 POP End: 03-31-2029

70.00
EA
__________________
__________________

Tc99m MDP

POP Begin: 04-01-2028 POP End: 03-31-2029

50.00
EA
__________________
__________________

Tc99m Mebrofenin

POP Begin: 04-01-2028 POP End: 03-31-2029

30.00
EA
__________________
__________________

Tc99m SC

POP Begin: 04-01-2028 POP End: 03-31-2029

10.00
EA
__________________
__________________

Tc99m MAG3

POP Begin: 04-01-2028 POP End: 03-31-2029

2.00
EA
__________________
__________________

Tc99m Exametazime WBC Study

POP Begin: 04-01-2028 POP End: 03-31-2029

4.00
EA
__________________
__________________

In111 WBC

POP Begin: 04-01-2028 POP End: 03-31-2029

10.00
EA
__________________
__________________

I123 Capsule

POP Begin: 04-01-2028 POP End: 03-31-2029

4.00
EA
__________________
__________________

I131

POP Begin: 04-01-2028 POP End: 03-31-2029

600.00
EA
__________________
__________________

F18 FDG

POP Begin: 04-01-2028 POP End: 03-31-2029

20.00
EA
__________________
__________________

Cu64 DetectNet

POP Begin: 04-01-2028 POP End: 03-31-2029

2.00
EA
__________________
__________________

Co57 10mCi Flood Source

POP Begin: 04-01-2028 POP End: 03-31-2029

1.00
EA
__________________
__________________

Co57 12mCi Line Source

POP Begin: 04-01-2028 POP End: 03-31-2029

2,400.00
EA
__________________
__________________

Tc99m Sestamibi Contract Period: Option 4 POP Begin: 04-01-2029 POP End: 03-31-2030

60.00
EA
__________________
__________________

Tc99m Unit Dose <- 35mCi

POP Begin: 04-01-2029 POP End: 03-31-2030

20.00
EA
__________________
__________________

Tc99m Source <- 10mCi

POP Begin: 04-01-2029 POP End: 03-31-2030

50.00
EA
__________________
__________________

Tc99m MAA

POP Begin: 04-01-2029 POP End: 03-31-2030

50.00
EA
__________________
__________________

Tc99m DTPA

POP Begin: 04-01-2029 POP End: 03-31-2030

70.00
EA
__________________
__________________

Tc99m MDP

POP Begin: 04-01-2029 POP End: 03-31-2030

50.00
EA
__________________
__________________

Tc99m Mebrofenin

POP Begin: 04-01-2029 POP End: 03-31-2030

30.00
EA
__________________
__________________

Tc99m SC

POP Begin: 04-01-2029 POP End: 03-31-2030

10.00
EA
__________________
__________________

Tc99m MAG3

POP Begin: 04-01-2029 POP End: 03-31-2030

2.00
EA
__________________
__________________

Tc99m Exametazime WBC Study

POP Begin: 04-01-2029 POP End: 03-31-2030

4.00
EA
__________________
__________________

In111 WBC

POP Begin: 04-01-2029 POP End: 03-31-2030

10.00
EA
__________________
__________________

I123 Capsule

POP Begin: 04-01-2029 POP End: 03-31-2030

4.00
EA
__________________
__________________

I131

POP Begin: 04-01-2029 POP End: 03-31-2030

600.00
EA
__________________
__________________

F18 FDG

POP Begin: 04-01-2029 POP End: 03-31-2030

20.00
EA
__________________
__________________

Cu64 DetectNet

POP Begin: 04-01-2029 POP End: 03-31-2030

2.00
EA
__________________
__________________

Co57 10mCi Flood Source

POP Begin: 04-01-2029 POP End: 03-31-2030

1.00
EA
__________________
__________________

Co57 12mCi Line Source

POP Begin: 04-01-2029 POP End: 03-31-2030

GRAND TOTAL

B.4 DELIVERY SCHEDULE

ITEM NUMBER
SHIPPING INFORMATION
QUANTITY
DELIVERY DATE

2,400.00

60.00

20.00

50.00

50.00

70.00

50.00

30.00

10.00

2.00

4.00

10.00

4.00

600.00

20.00

2.00

1.00

2,400.00

60.00

20.00

50.00

50.00

70.00

50.00

30.00

10.00

2.00

4.00

10.00

4.00

600.00

20.00

2.00

1.00

2,400.00

60.00

20.00

50.00

50.00

70.00

50.00

30.00

10.00

2.00

4.00

10.00

4.00

600.00

20.00

2.00

1.00

2,400.00

60.00

20.00

50.00

50.00

70.00

50.00

30.00

10.00

2.00

4.00

10.00

4.00

600.00

20.00

2.00

1.00

2,400.00

60.00

20.00

50.00

50.00

70.00

50.00

30.00

10.00

2.00

4.00

10.00

4.00

600.00

20.00

2.00

1.00

36C24525Q0234

Page 1 of Page 1 of Page 1 of Page 1 of

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 04/01/2025 through 03/31/2030.

(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 $100.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $500,000.00;

(2) Any order for a combination of items in excess of $750,000.00; 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 30 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons.

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