36C24724Q0810 - Columbia VAMC Medical Physicist Services.pdf
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- Solicitation number
- 36C24724Q0810
About this file
This document is a combined synopsis/solicitation for a firm-fixed priced contract to provide on-site qualified diagnostic medical physicist services for the WJB Dorn VA Medical Center in Columbia, South Carolina. The contractor shall furnish all labor, material, supplies, equipment, and qualified personnel to provide annual calibration and confirmatory shielding surveys of ionizing radiation producing machines, Nuclear Medicine Gamma Cameras, Mammography, and MRI magnets. The contract is for a base year with four one-year option periods. All work must be performed by qualified medical physicists certified by the American Board of Radiology or equivalent, licensed in the state of South Carolina for diagnostic x-ray and mammography, and fully qualified in all modalities. This is a 100% Veteran-Owned Small Business (VOSB) set-aside. Proposals are due by June 28, 2024 and the award effective date is September 1, 2024.
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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
544-24-4-028-0136
36C24724Q0810 06-20-2024
James E. Boles Jr. james.boles2@va.gov 06-28-2024
1300 EDT
Department of Veterans Affairs
Carl Vinson VA Medical Center
1826 Veterans Blvd.
Dublin GA 31021
X 100
X
541690
$19 Million
N/A
See Delivery Schedule
1826 Veterans Blvd.
Dublin GA 31021
FMS-VA-2(101)
Financial Services Center
PO Box 149971
Austin TX 78714-9971
See CONTINUATION Page
The contractor shall provide on-site qualified diagnostic medical physics support or services for the Columbia VAMC
This requirement is for a Base plus Four (4) one year option periods.
Base Year: 1 Sep 24 - 31 Aug 25
Option Year 1: 1 Sep 25 - 31 Aug 26
Option Year 2: 1 Sep 26 - 31 Aug 27
Option Year 3: 1 Sep 27 - 31 Aug 28
Option Year 4: 1 Sep 28 - 31 Aug 29
This is Total 100% VOSB Set-Aside
See CONTINUATION Page
X 1
JAMES E. BOLES JR.
Contracting Officer, NCO7
36C24724Q0810
Table of Contents
SECTION A
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS
AND COMMERCIAL SERVICES
A.2 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES (NOV 2021)
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
B.2 PRICE/COST SCHEDULE
ITEM INFORMATION
B.3 DELIVERY SCHEDULE
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS
AND COMMERCIAL SERVICES (NOV 2023)
C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (FEB 2024)
C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...45
C.5 52.219-14 LIMITATIONS ON SUBCONTRACTING (OCT 2022)
C.6 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS
SUBCONTRACTORS (MAR 2023)
C.7 52.222-41 SERVICE CONTRACT LABOR STANDARDS (AUG 2018)
C.8 52.224-2 PRIVACY ACT (APR 1984)
C.9 52.224-1 PRIVACY ACT NOTIFICATION (APR 1984)
C.10 52.227-14 RIGHTS IN DATA—GENERAL (MAY 2014) ALTERNATE I (DEC
2007)
C.11 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—SYSTEM FOR
AWARD MANAGEMENT (OCT 2018)
C.12 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND
VEGETATION (APR 1984)
C.13 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
C.14 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—
CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)
(DEVIATION)
C.15 VAAR 852.219-74 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED
VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)
C.16 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS
(NOV 2018)
C.17 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ..69
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
SECTION E - SOLICITATION PROVISIONS
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (SEP 2023)
E.2 52.217-5 EVALUATION OF OPTIONS (JUL 1990)
E.3 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—
COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (FEB 2024)
E.4 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED
BY REFERENCE (JAN 2008)
E.5 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS
AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
E.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB
1998)
E.7 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT
ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)
A.2 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (NOV 2021)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
COMPARATIVE ANALYSIS
Technical and past performance, when combined, are .
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the
Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(End of Provision)
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
1. Contract Administration: All contract administration matters will be handled by the following individuals:
a. CONTRACTOR:
b. GOVERNMENT: Contracting Officer 36C247 James E. Boles Jr.
1826 Veterans Blvd.
Dublin GA 31021
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
[X] 52.232-36, Payment by Third Party
3. INVOICES: Invoices shall be submitted in arrears:
a. Quarterly []
b. Semi-Annually []
c. Other [X] Monthly and Upon Receipt of Certified Invoice
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.
Department of Veterans Affairs - FMS-VA-2(101) - Financial Services Center
PO Box 149971, Austin, TX 78714-9971
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
AMENDMENT NO DATE
Statement of Work
Diagnostic Medical Physicists
1. REQUIREMENT:
This requirement for a firm-fixed priced Medical Physics Survey Service to be conducted on the
Radiological Equipment on behalf of the Columbia Healthcare System, WJB Dorn VA Medical
Center located in Columbia South Carolina.
2. BACKGROUND:
The WJB Dorn VA Medical Center (VAMC) is a 216-bed facility, encompassing acute medical, surgical, psychiatric, and long-term care. The hospital is located in Columbia, South Carolina and provides primary, secondary, and some tertiary care. Satellite outpatient clinics are located in Anderson, Greenville, Florence, Orangeburg, Rock Hill, Sumter, and Spartanburg, South
Carolina.
3. PERIOD OF PERFORMANCE:
This procurement is for a Base Year with the possibility of Four (4) One (1) Year Options.
Base Year September 1, 2024 through August 31, 2025
Option Year 1 September 1, 2025 through August 31, 2026
Option Year 2 September 1, 2026 through August 31, 2027
Option Year 3 September 1, 2027 through August 31, 2028
Option Year 4 September 1, 2028 through August 31, 2029
Work shall be performed during normal working hours of 8:00 a.m. through 4:30 p.m. from
Monday through Friday. Any work required after normal working hours due to patient volume are to be approved and scheduled prior to performance.
Excluding weekends and Federal holidays. No overtime is authorized at this time.
4. PLACE OF PERFORMANCE:
WJB Dorn VA Medical Center
6439 Garners Ferry Road
Columbia, SC 29209
5. PERFORMANCE REQUIREMENTS:
The Contractor shall furnish all labor, material, supplies, equipment, and qualified personnel to provide on-site diagnostic medical physics support or services for the annual calibration and confirmatory shielding surveys of ionizing radiation producing machines, Nuclear Medicine
Gamma Cameras, Mammography, and MRI magnets at the Columbia VA Health Care System and outreach offices, under the terms and conditions stated here in and must adhere to requirements in current applicable US Foods and Drug Administrations (FDA), Code of Federal
Regulations (CFR) Title 21 and Mammography Quality Standards Act (MQSA), US Nuclear
Regulatory Commission (NRC) Title 10, The Joint Commission (JC) requirements for diagnostic imaging services and VHA requirements as identified in the following publications:
VHA Directive 1129, Radiation Protection for Machine Sources of Ionizing Radiation, Issue Date
February 5, 2015
VHA Directive 1105, Management of Radioactive Materials, Issue Date February 24, 2021
VHA Directive 1105.04, Fluoroscopy Safety, Issue Date June 21, 2018
The Joint Commission Diagnostic Imaging Requirements, Issues August 10, 2015 https://www.jointcommission.org/assets/1/18/AHC_DiagImagingRpt_MK_20150806.pdf
Standards Revisions for Organizations Providing Fluoroscopy Services, Issued June 25, https://www.jointcommission.org/changes_to_requirements_for_organizations_providing_fluoroscopy_se rvices/
FDA Docket Number: FDA-2009-D-0448 Mammography Facility Surveys, Mammography
Equipment Evaluations, and Medical Physicist Qualification Requirements under MQSA | FDA
The contractor shall comply with radiation protection standards in US Department of Labor (DOL), Occupational Safety and Health Administration (OSHA) 29 CFR
1910.1096 and immediately report any unsafe conditions with the potential to adversely impact the facility radiation workers, patients or member of the public to the Radiation Safety Officer (RSO).
A Contracting Officer Representative (COR) and/or Alternate Contracting Officer Representative
(ACOR) shall be assigned to this procurement and written notification will be provided to the
Contractor after award.
• Scheduling of work performance shall be arranged through the designated COR/ACOR assigned.
All work shall be performed by a qualified medical physicist (QMP) who is Board Certified in
Medical Physics and holds a South Carolina license for diagnostic X-Ray and
Mammography. This individual must also be qualified to perform Mammography facility surveys, mammography equipment evaluations, and meet medical physicist qualification requirements under MQSA for the state of South Carolina. All QMP on staff must be fully qualified in all modalities, including Mammography and Nuclear Medicine. The Contractor shall provide a Board-Certified Technician in Medical Physics to work with the facility’s
Radiation Safety Officer (RSO) or designee in maintenance and establishment of a comprehensive X-Ray Compliance Safety Program. This program shall adhere to the requirements and expectations of the Joint Commission, the VHA’s National Health Physics
Program (NHPP), the Federal Drug Administration/Mammography Quality Standards Act
(FDA/MQSA), the American College of Radiology (ACR), the state of South Carolina, and the internal requirements of this facility.
https://www.jointcommission.org/assets/1/18/AHC_DiagImagingRpt_MK_20150806.pdf https://www.jointcommission.org/changes_to_requirements_for_organizations_providing_fluoroscopy_services/ https://www.jointcommission.org/changes_to_requirements_for_organizations_providing_fluoroscopy_services/ https://www.fda.gov/regulatory-information/search-fda-guidance-documents/mammography-facility-surveys-mammography-equipment-evaluations-and-medical-physicist-qualification https://www.fda.gov/regulatory-information/search-fda-guidance-documents/mammography-facility-surveys-mammography-equipment-evaluations-and-medical-physicist-qualification
The Contractor Physicist shall be able to respond to special requests for estimates of Fetal
Doses from Maternal Diagnostic X-Ray, CT, Fluoroscopy, and Nuclear Medicine procedures, as well as for Maternal Nuclear Medicine Therapy procedures. The turnaround time for special request including pregnant patient needing fetal dose calculations will be less than 72 hours.
The Contractor Physicist shall assist in the review of Computed Tomography (CT) protocols for optimization and shall review the Quality Assurance (QA) Program for each CT unit on the calendar year basis.
5.1 TESTING REQUIREMENTS
The Contractor shall ensure Annual, Initial and Post Repair [ex. Tube replacement] Testing shall include measurements of sufficient numbers and types to thoroughly evaluate the safety of the radiation producing Equipment, and safety of its use for patients and operators.
The Contractors Test Equipment [including Ion Chambers, GM Survey Meters, Phantoms] shall be current state-of-the art, properly functioning and calibrated according to the Equipment guidelines. Dose Rate Survey in the Control Room and adjacent occupied areas are to be included during Annual, Initial, and Acceptance Testing.
The Contractor shall perform initial acceptance test and/or survey on Room Relocation, Annual within a 24 day time frame post notification from the COR/RSO and Post Repair
Surveys/Inspections within a 24 day time frame post notification from the COR/RSO for the following equipment:
• Diagnostic Radiography
• CT
• Fluoroscopes
• Portables
• C-Arms
• Dental Units
• Magnetic Resonance Imaging (MRI)
• Angio and Cardio Suites
• Diagnostic Reading Workstations
• Nuclear Medicine Gamma Cameras
Mammography units shall be tested/and or surveyed within 24 hours after repair for emergency visits. All Mammography testing shall be performed by a qualified medical physicist that must provide proof the Medical Physicist can perform Mammography facility surveys and meets the qualification requirements under Mammography Quality Standards Act (MQSA) and is eligible to perform testing in the state of South Carolina. The QMP must be board certified by the ABR
(American Board of Radiology) or ABMP (American Board of Medical Physics) or qualify under the “master’s degree of higher” route, with a licensure or approval from the state of South
Carolina. Business and physicist must hold a South Carolina license for diagnostic X-Ray and
Mammography.
The Contractor shall perform Safety and Performance Testing of all new Radiographic
Equipment prior to first use on humans and supply a written report to the Radiation Safety
Officer.
The Contractor shall perform Dose Measurements of up to 5 protocols per CT Unit, selected by the facility’s RSO or his designee, as a bench mark references.
The Contractor shall perform an Annual Survey (Not more than 13 months) of all diagnostic X-
Ray Equipment in accordance of the Joint Commission and the ACR. The QMP shall review all rooms housing ionizing radiation to ensure proper regulatory required posting.
The Contractor must be able to perform survey testing emergency visits within 5 business days for emergency visits (ex. CT tube changes).
The Contractor shall furnish a follow-up Inspection to verify compliance of any necessary corrective actions performed to correct deficiencies found or Survey any Equipment out of service during initial site visit at no additional charge.
The Contractor shall perform X-Ray Shielding Specification Evaluations prior to new construction or remodeling and certification of installed X-Ray Shielding following new construction or remodeling and furnish a written report to the Radiation Safety Officer. Shielding evaluations shall be provided within 5 business days of the request.
Radiographic and Fluoroscopic Equipment: Physics inspections of radiographic and fluoroscopic equipment shall comply with ACR Technical Standard for Diagnostic Medical
Physics Performance Monitoring of Radiographic and Fluoroscopic Equipment. The performance of each radiographic and fluoroscopic unit must be evaluated at least annually.
This evaluation should include, but not be limited to, the following tests (as applicable):
The Fluoroscopy Equipment Testing shall include but not limited to evaluation of Equipment output, resolution, and patient doses.
Testing of CT Equipment shall also include but not limited to:
• Evaluation of table incrementation
• Image uniformity
• Slice thickness accuracy
• Image noise
• Spatial resolution
• Low contrast sensitivity
• Contrast scale/CT #s
• mA scan time calibration
• Evaluation of patient dose to reference/recommended doses (make recommendations for patient dose reduction methods)
5.2 REPORT REQUIREMENTS
The Contractor shall provide Verbal Reports after Acceptance and Post Repair Testing so that the equipment may be placed into use.
The Physicist shall provide a current Certification of Calibration with the Final Report.
The Contractor is required to provide two (2) copies of the Physicist Report to the RSO within seven to 10 business days of completion of the work. Patient Exposure Chart shall be provided for each unit inspected.
The QMP shall provide the following; consultation for additional services as needed, i.e., safety training; reviewing CT protocol optimization at least annually; and review Fluoroscopy protocols at least annually.
The Contractor shall provide consultation support during regulatory inspections.
The Contractor shall participate in RSC meetings.
The Contractor shall provide responsiveness 24/7 support.
The Contractor shall provide notification assistance for dose tracking follow-up for elevated CT and fluoroscopy cases.
5.3 EQUIPMENT DESCRITION
The current inventory of X-Ray producing Equipment is as follows. Equipment replacement shall be with “like” Equipment at no charge to the Government. Additional units shall be at the expense of the Government.
Location Manufacturer
Columbia-Mammo Selenia Dimensions 3D
Columbia – CT2 GE Revolution APEX CT
Columbia – CT1 GE Revolution 64
GOPC – Radiology GE Lunar Bone Densitometer Unit
GOPC – Radiology GE Proteus
GOPC – Radiology GE Percision 500D Rad/Fluoro
GOPC – Radiology GE Percision 500D Rad/Fluoro
GOPC -Radiology Mobile CT Siemens Somatom.go UP
GOPC - Dental Planmeca Intra Dental Radiographic Unit
GOPC - Dental Planmeca Intra Dental Radiographic Unit
GOPC - Dental Planmeca Intra Dental Radiographic Unit
GOPC - Dental Promax Planmeca
Columbia – Dental Planmeca ProX Intra Oral Denatl Radiographic Unit
Columbia – Dental Planmeca ProX Intra Oral Denatl Radiographic Unit
Columbia – Dental Planmeca ProX Intra Oral Denatl Radiographic Unit
Columbia – Dental Planmeca ProX Intra Oral Denatl Radiographic Unit
Columbia – Dental Planmeca ProX Intra Oral Denatl Radiographic Unit
Columbia – Dental Planmeca ProX Intra Oral Denatl Radiographic Unit
Columbia – Dental Planmeca ProX Intra Oral Denatl Radiographic Unit
Columbia – Dental Planmeca ProX Intra Oral Denatl Radiographic Unit
Columbia – Dental Planmeca ProX Intra Oral Denatl Radiographic Unit
Columbia – Dental Planmeca ProX Intra Oral Denatl Radiographic Unit
Columbia – Dental Planmeca ProX Intra Oral Denatl Radiographic Unit
Columbia – Dental Promax Planmeca
Columbia – Dental Planmeca Intra Dental Radiographic Unit
Columbia – Dental Handheld Dental X-ray
Columbia – Cath GE Innova 3100
Columbia – Cath GE Innova IGS 520
Columbia – Pain GE OEC Elite
Columbia – Pain GE OEC 9900 Elite
Columbia – Nuc Philips BV Pulsera
Columbia – Nuc Philips BV Pulsera
Columbia – IR Siemens Artis Q
Columbia - Radiology Siemens Luminos Agile Max
Columbia - Radiology GE Precision
Columbia - Radiology Orthoscan Mini C-Arm #1
Columbia - Radiology Shimadzu Sonialvision
Columbia - Radiology Shimadzu Sonialvision
Columbia - Radiology Shimadzu Sonialvision
Columbia - Radiology Philips Digital Diagnostic
Columbia - Radiology GE Discovery XR 656 Radiographic Unit
Columbia - Radiology Philips Veradius C-Arm
Columbia - Radiology Siemens Luminos Agile Max
Columbia - Radiology GE Precision
Columbia - Radiology GE DISCOVERY XR 656
Columbia - Radiology AGFA DX-D100+
Columbia - Radiology AGFA DX-D100+
Columbia - Radiology AGFA DX-D100+
Columbia - Radiology AGFA DX-D100+
Columbia - Radiology AGFA DX-D100+
Columbia – MRI Siemens Magnetom Skyra
Columbia – MRI Siemens Magnetom Espree 1.5T
Columbia – NucMed Biodex AtomLab 960 uptake probe
Columbia – NucMed Biodex AtomLab 500 wipe
Columbia – NucMed Lunar, Bone Densitometer
Columbia – NucMed Philips Brightview Gamma Camera
Columbia – NucMed Siemens Evo
Columbia – NucMed Philips Skylight, AZ
GOPC - Dental Handheld Dental X-ray
GOPC - Dental Handheld Dental X-ray
GOPC - Dental Handheld Dental X-ray
Columbia Capintec Dose Calibrator
Columbia Capintec Dose Calibrator
Anderson - Radiology X-ray Wallstand
Columbia- OR Siemens Uroskop
Columbia - OR Orthoscan Mini C-Arm #2
Columbia -OR Siemens Artis Pheno
Columbia- OR Cannon portable X-Ray
5.4 SUPPORT SERVICE REQUIREMENT
Contractor shall provide support services by phone, fax or email at a no additional charge.
Response time after notification of service required shall be within twenty-four (24) hours.
Response time for emergency testing shall be within 48 yours.
During emergency situations, the contractor shall provide testing within 48 hours.
The Contractor shall be available for consultation by phone and email for issues such as patient and staff radiation exposures, radiation safety issues, machine questions, and other miscellaneous issues that may arise.
5.5 RADIOGRAPHIC AND FLUOROSCOPIC EQUIPMENT
Contractors Physics Inspections of Radiographic and Fluoroscopic Equipment shall comply with
JC requirements and ACR Technical Standard for Diagnostic Medical Physics Performance
Monitoring of Radiographic and Fluoroscopic Equipment. The performance of each
Radiographic and Fluoroscopic Unit shall be evaluated Annually. This evaluation shall include, but not be limited to, the following tests (as applicable).
• Integrity of unit assembly
• Collimation and radiation beam alignment
• Fluoroscopic system spatial resolution
• Automatic exposure control system performance
• Fluoroscopic automatic brightness control performance (high-dose-rate, pulsed modes, field-of-view [FOV] variation)
• Image artifacts
• Fluoroscopic phantom image quality
• kVp accuracy and reproducibility
• Linearity of exposure versus mA or mAs
• Exposure reproducibility
• Timer accuracy
• Beam quality assessment (half-value layer)
• Fluoroscopic entrance exposure rate (or air kerma rate). Maximum output and output using a phantom representing a standard size patient for all clinically used settings. [The mode of operation (e.g., magnification mode, frame rate, and any other mode selected) shall be documented for each measurement].
• Fluorographic (image recording) entrance exposure rate (or air kerma rate) for cine imaging, if performed and entrance exposure (or air kerma) for spot images (if performed). Maximum output and output using a phantom representing a standard size patient for all clinically used settings. [The mode of operation (e.g., magnification mode, frame rate, etc.) shall be documented for each measurement]
• Image receptor entrance exposure
• Equipment radiation safety functions
• Patient dose monitoring system calibration. This includes, for Radiographic systems, the metric of dose to the image receptor (IEC Exposure Index or proprietary index) and, for fluoroscopy systems, the displays of cumulative air kerma and, if available DAP.
• Display monitor (video and digital) performance
• Digital image receptor performance
• Grids used with portable X-Ray units shall be imaged for uniformity
• For Radiographic units, measurement of entrance skin exposure (or air kerma) for a standard size patient for common Radiographic projections and comparison to published diagnostic reference levels and achievable doses (e.g., ACR practice parameter).
Note: The information on Entrance Exposure Rates (or air kerma rates) from Fluoroscopy and from Fluorography, in items listed, for each Fluoroscope, shall be in a format suitable for providing to the Physicians who operate the Fluoroscope.
5.6 COMPUTED RADIOGRAPHY (CR) AND DIGITIAL RADIOGRAPHY (DR)
The Contractors Physics Inspections of CR and DR Equipment shall comply with the American
Association of Physicist in Medicine (AAPM) Report Number 93, Acceptance Testing and
Quality Control of Photostimulable Storage Phosphor Imaging Systems. The performance of CR and DR shall be evaluated Annually. This evaluation shall include but not be limited to, the following tests (as applicable).
• Component and Imaging Plate Physical Inspection and Inventory
• Imaging Plate Dark Noise and Uniformity
• Exposure Indicator Calibration
• Linearity and Auto-range Response
• Laser Beam Function
• Limiting Resolution and Resolution Uniformity
• Noise and Low-Contrast Resolution
• Spatial Accuracy
• Erasure Thoroughness
• Aliasing/Grid Response
• IP Throughput
• Positioning and Collimation Errors
5.7 CT SCANNERS
The Contractors Physics Inspection shall conform to the most recent/current/newest ACR
Computer Tomography Quality Control Manual. The performance of each CT Scanner shall be evaluated Annually. This evaluation shall include, but not be limited to, the following tests (as applicable).
• Review of Clinical Protocols
• Scout Prescription and Alignment Light Accuracy
• Image Thickness – Axial Mode
• Table Travel Accuracy
• Radiation Beam Width
• Low-Contrast Performance
• Spatial Resolution
• CT Number Accuracy
• Artifact Evaluation
• CT Number Uniformity
• Dosimetry (the Scanner displayed CTDIvol values shall be within +/- 20% of the measured CTDIvol values)
• Gray Level Performance of CT Acquisition Display Monitors
5.8 DENTAL EQUPMENT
The Contractors Physics Inspection shall conform to the Conference of Radiation Control
Program Directors (CRCPD), Quality Control Recommendations for Diagnostic Radiography
Volume 1 Dental Facilities July 2001. The performance of Dental X-Ray Inspections shall be
Annually not to exceed 14 months. This evaluation shall include, but not limited to, the following tests (as applicable).
• Collimation
• Beam quality (half value layer)
• Timer Accuracy and Reproducibility
• kVp Accuracy and Reproducibility
• mA or mAs Linearity
• Exposure Reproducibility
• Entrance Skin Exposure Evaluation, with comparison to published diagnostic reference levels and achievable doses (e.g., NCRP Report No. 172)
• Technique Chart Evaluation
• Image uniformity (artifact evaluation)
5.9 DENTAL CBCT ACCEPTANCE AND PERFORMANCE TESTING
Acceptance Testing. Acceptance Testing and Measurements of Air Kerma at the Isocenter for each kVp Station for a range of clinically used mAs settings shall be performed initially when the
CBCT unit is installed, and following any move of the Cone Beam Computed Tomography
(CBCT) to another area inside or outside the initial clinical site. This testing is to ensure that the equipment performance is in agreement with the manufacturer’s technical specifications.
Performance Testing. Each CBCT unit shall undergo periodic Quality Control Tests to ensure that the performance of the machine has not significantly deteriorated and is operating within the Manufacturer’s Technical Specifications. This performance testing is performed by a qualified expert Annually, at intervals not to exceed 14 months, and after repairs to the CBCT unit that may affect the radiation output or image quality.
Some manufactures provide a phantom and procedures to perform Machine Specific Quality
Assurance (QA) Tests. In cases where the manufacturer provides a phantom and procedures to perform specific tests are not included in this SOW, then the Manufacturer’s Machine Specific
QA Tests shall be performed in addition to the QA Test in this SOW.
5.10 ACCEPTANCE AND ANNUAL PHISICS TESTING FOR DENTAL UNITS
Radiation output Repeatability. Make four measurements of the air kerma at the Isocenter at a clinically used setting. The measurement shall be less than +/-5% of the average of the five measurements and the measurements shall be less than +/-5% of the previous year’s measurement.
Radiation Output Reproducibility. Measure the air kerma at the Isocenter for each kVp station and a range of clinically used mAs setting. Compare the results to the baseline values established at the Initial Acceptance Testing. The values shall be +/-5% of the baseline.
kVp Accuracy. Measure the kVp at all clinically used settings. The measured kVp shall be +/-
5% of the selected kVp.
kVp Repeatability. Make five kVp measurements each for two clinically used kVp settings. All measured values shall be +/-5% of the mean kVp.
kVp Reproducibility. Measure the kVp at all available kVp settings. The measured values shall be +/-5% of the baseline.
Beam Quality. Measure the half value layer (HVL) for aluminum. The minimum shall comply with Section F.4.d of the Suggested State Regulations for Control of Radiation, Conference of
Radiation Control Program Directors.
Radiation field of view (FOV). Measure the width of the radiation field at the Isocenter. The width of the beam shall be 3 mm or 30% of the total nominal collimated width.
Image Quality. Image the Phantom provided by the manufacturer or another suitable Phantom.
Assess high contrast spatial resolution, uniformity of transaxial images, and image noise.
Accuracy of Linear Measurements. Using images of an appropriate phantom, assess the accuracy of distance measurements.
Accuracy of Patient Dose Metric Indication. Assess the accuracy of the indicated dose metric
(typically DAP).
Patient Dose Assessment. From a scan or scans using the facility’s standard techniques, record the dose metric (typically DAP) and compare to achievable levels and diagnostic reference levels (if available).
Review of the Technical QA Program. The qualified expert shall review the Technical QA
Program. The review shall include a trend analysis of the QA data. The results of the Technical
QA Program review shall be included in the required written report. Any trends that identify problems shall be included in the report along with recommended corrective actions.
Display Monitors. Perform a visual analysis of the SMPTE Test Pattern. Display the Test
Pattern on the imaging console. Set the display window width/level to the manufacturer-specific values for the pattern. Do not set the window/level by eye; doing so invalidates the procedure.
Examine the pattern to confirm that the gray level display in the imaging console is subjectively correct.
• Review the line pair patterns in the center and at each of the corners.
• Review the black-white transition.
• Look for any evidence of “scalloping” (loss of bit depth) or geometric distortion.
Use a Photometer to measure the maximum and minimum monitor brightness (0% and 100% steps).
• Measure additional steps within the pattern to establish a response curve.
• Measure the brightness near the center of the monitor and near all 4 corners (or all sides, depending on the test pattern used).
Viewing Conditions. Assess the viewing conditions for the area in which the monitor used for evaluating the CBCT studies is located.
5.11 MAMMOGRAPHY
The qualified Diagnostic Medical Physicist inspecting Mammography Equipment shall meet the qualifications outline in the MQSA and shall provide the facility with up-to-date documentation demonstrating that the Diagnostic Medical Physicist is MQSA qualifies and eligible for the State of South Carolina.
Inspections of Mammography Equipment shall comply with the latest requirements posted on the ACR Web site for the manufacturer of the digital Mammography unit being inspected. The physics inspection will include all FDA/MQSA annual calibration requirements. Inspection items may include:
• Mammographic Unit Assembly Evaluation
• Collimation assessment
• Artifact evaluation
• kVp accuracy and reproducibility
• Beam quality assessment – HVL measurements
• Evaluation of system resolution
• Automatic Exposure Control (AEC) function performance
• Breast entrance exposure, AEC reproducibility, and average glandular dose
• Radiation output rate
• Phantom image quality evaluation
• Signal-to-noise ratio and contrast-to-noise ratio measurements
• View box luminance and room illuminance
• Review Work Station (RWS) tests
5.12 MAGNETIC RESONANCE IMAGING (MRI)
The Physics Inspection shall conform to the most recent ACR Magnetic Resonance Imaging
Quality Control Manual. The performance of each MRI Scanner shall be evaluated Annually.
This evaluation shall include, but not limited to, the following tests (as applicable).
• Magnetic field homogeneity
• Geometric accuracy
• Inter-slice RF interference
• Slice position accuracy
• High-contrast resolution
• RF coil performance o Volume coils’ signal-to-noise ratio o Volume coils’ image uniformity o Volume coils’ ghosting ratio o Phased array coils’ signal-to-noise ratio o Surface coils’ signal-to-noise ratio
• Slice thickness accuracy
• Low-contrast detectability
• Soft copy displays
• Technologist’s QC program
• Site phantom inventory
• Site RF coil inventory
5.13 POSITRON EMISSION TOMOGRAPHY (PET)
The Physics Inspection shall conform to the ACR PET Phantom Instructions for Evaluation of
PET Image, ACR Nuclear Medicine Accreditation Program PET Module. The performance of each PET Scanner shall be evaluated quarterly. For PET/CT units the CT shall be inspected
Annually per requirements listed above. This evaluation shall include, but not be limited to, the following tests, (as applicable)
• Uniformity
• Spatial resolution
• SUV analysis
5.14 NUCLEAR MEDICINE
The Physics Inspection shall conform to the ACR Annual performance tests for Nuclear
Medicine Cameras. The Diagnostic Medical Physics shall perform the Quarterly Testing as outlines by the ACR. The performance of each Nuclear Medicine Scanner shall be Annually.
This evaluation shall include, but not be limited to, the following tests (as applicable).
• Intrinsic Uniformity: fail criteria: > 5.0%
• System Uniformity: fail criteria: > 5.0%
• Intrinsic or System Spatial Resolution: fail criteria: >3.5mm bars
• Relative Sensitivity: fail criteria: COV >2.5%
• Energy Resolution: fail criteria: >12%
• Count Rate Parameters
• Formatter/Video Display
• Overall System Performance for SPECT
• System Interlocks
• Dose Calibrators (Geometry, if applicable, Accuracy)
• Thyroid Uptake and Counting Systems
5.15 DISPLAY MONITORS
The Annual Performance Evaluation conducted by the Diagnostic Medical Physicist includes testing of image acquisition display monitors for maximum and minimum luminance, luminance uniformity, resolution, and spatial accuracy. The image acquisition display monitors for Nuclear
Medicine, PET, CT, and MRI units shall be tested.
The physics inspection shall conform to the AAPM On-line Report No. 03, Assessment of
Display Perform for Medical Imaging Systems. The performance of each display monitor shall be evaluated initially, acceptance testing, and at least annually thereafter. This evaluation should include, but not be limited to, the following tests (as applicable):
Acceptance testing (Table 7 from AAPM On-line Report No. 03)
a) Geometric distortions
b) Reflection
c) Luminance response
d) Luminance dependencies
e) Resolution
f) Noise
g) Veiling glare
h) Chromaticity
Annual testing (Table 8c. from AAPM On-line Report No. 03)
a) Geometric distortions
b) Reflection
c) Luminance response
d) Luminance dependencies
e) Resolution
f) Noise
g) Veiling glare
h) Chromaticity
5.16 QUALITY
Contractor shall guarantee the quality of the equipment furnished and utilized during the work performed will be calibrated according to manufacturer recommendations and any applicable regulatory requirements if applicable.
5.17 INFORMATION SECURITY
The medical physicist Contractor may have access to sensitive patient information displayed on the control panel of X-Ray Equipment. However, Contractor owned IT devices (such as laptop computer) shall not interface with any VA internet trusted (i.e., non-public) network. Therefore, the Certification and Accreditation (C&A) requirement do not apply, and a Security Accreditation
Package is not required.
CHECK-IN REQUIREMENTS:
Contractor and all Contractor’s Service Personnel shall check in and out with Engineering in
Building 20 prior to performing and upon completion of all required service. This information is required to contact mechanics in case of an emergency during regular hours.
Proceed to Building 106 for Daily Coronavirus (Covid-19) check in process. Every time any personnel leaves any of the buildings, they must return to Building 106 for Daily Coronavirus
(Covid-19) check in process.
SAFETY REQUIREMENTS:
Contractor shall ensure all tools and equipment are secured at all times.
• Tools and equipment must be removed from open areas or stored in secured location during breaks, lunch, and/or at the end of each workday.
• All debris must be removed from the facility upon completion of service each day.
• All personnel are required to wear approved masks when entering or working in any of the facilities buildings.
o They are to be non-surgical type masks, not homemade masks (this is for staff and
Contractors).
o This mask is to be worn at all times. Any personnel caught without wearing an approved mask will be escorted out of the facility.
o Masks need to be worn whenever you are within six (6) feet of another person, whether you are outside or inside. This includes riding in carts.
• Contractor shall ensure proper signage, barriers, and/or blockage of service area is provided where applicable, especially at hoist way doors and clearly visible to ensure patient/employee safety is adhered to.
Smoking is not permitted in the WJB Dorn VA Medical Center at any time. All smoking shall be conducted at designated areas on the facility grounds only.
6. INVOICES:
a. Payment will be made upon receipt of a properly prepared detailed invoice, prepared by the Contractor and submitted through Tungsten Network (formerly known as OB10) http://www.tungsten-network.com/us/en/. A properly prepared invoice shall contain:
✓ Invoice Number and Date
✓ Contractor’s Name and Address http://www.tungsten-network.com/us/en/
✓ Accurate Purchase Order Number
✓ Supply or Service provided
✓ Period Supply or Service Provided
✓ Total Amount Due
b. Please begin submitting your electronic invoices through the Tungsten Network for payment processing, free of charge.
c. If you have questions about the e-invoicing program or Tungsten Network, contact information is as follows:
• Tungsten e-Invoice Setup Information: 1-877-489-6135
• Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com
• FSC e-Invoice Contact Information: 1-877-353-9791
• FSC e-invoice email: vafsccshd@va.gov
d. Web Address: HTTP://WWW.FSC.VA.GOV/EINVOICE.ASP
7. TERMINATION FOR CONVENIENCE:
In accordance with FAR 52.212-4 (l) The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience.
8. RECORDS MANAGEMENT LANGUAGE FOR CONTRACTS:
The following standard items relate to records generated in executing the contract and should be included in a typical Electronic Information Systems (EIS) procurement contract:
a. Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR
Part 1222 and Part 1228.
b. Contractor shall treat all deliverables under the contract as the property of the U.S.
Government for which the Government Agency shall have unlimited rights to use, mailto:VA.Registration@Tungsten-Network.com http://vafsccshd@va.gov http://www.fsc.va.gov/EINVOICE.ASP dispose of, or disclose such data contained therein as it determines to be in the public interest.
c. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.
d. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.
e. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.
f. The Government Agency owns the rights to all data/records produced as part of this contract.
g. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.
h. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the
Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].
i. No disposition of documents will be allowed without the prior written consent of the
Contracting Officer. The Agency and its Contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.
Basis of Award
Project: Medical Physicist Services for Columbia VA Medical Center
To be considered for Award the vendor MUST adhere to the following requirements:
• Vendor SHALL be a medical physicist licensed by the State of South Carolina for diagnostic x-ray and mammography (proof of license shall be provided with response to RFQ)
• All physicists on staff must be fully qualified in all modalities, including Mammography and Nuclear Medicine (proof of physicists qualifications shall be provided with response to RFQ)
• Emergency response within 24hrs for mammo.
• Emergency response within 5 business days for CT tube changes.
• 72 hr report turnaround time for emergency visits.
• 7-10 business days for annual reports.
• 1 week turn-around for shielding reports.
• 72 hr turnaround for pregnant patient/fetal dose calculations.
• Consultation support during regulatory inspections.
• Participate in RSC meetings.
• Responsiveness 24/7 support.
• Notification assistance for dose tracking follow-up for elevated CT and fluoro cases.
• All work SHALL be performed by a qualified diagnostic medical physicist, certified by the
American Board of Radiology, American Board of Medical Physics, or the Canadian
College of Physicists in Medicine.
• Vendor SHALL have at least 3 years’ experience and been through at least 3 years of
MQSA inspections and positive results for mammography.
• Vendor SHALL provide example reports of the annual inspection for Computed
Tomography scanner, fluoroscopy unit, radiography unit and cone beam computed tomography unit as outlined in the SOW.
• Vendor SHALL provide example annual mammography report and regulatory success rate with VA or FDA MQSA inspections as outlined in the SOW.
• Vendor SHALL provide example report of the annual Computed Tomography Protocol review as outlined in the SOW.
• Vendor SHALL provide proof of certification, licensure and credentials.
• Vendor SHALL meet all general requirements outlined in the SOW.
REFERENCES
Offeror must provide at least three (3) references which demonstrates relevant past performance in testing mammography equipment. These references shall contain name, address of facility, contact name, phone number, dates of service, and contract number, if applicable. The experience shall be of similar size and scope.
Offeror must provide at least three (3) references which demonstrates relevant past performance at facilities similar in size to Columbia VAMC, where the company has performed an annual x-ray equipment check with the modalities listed. These references shall contain name, address of facility, contact name, phone number, dates of service, and contract number, if applicable. The experience shall be of similar size and scope.
B.2 PRICE/COST SCHEDULE
ITEM INFORMATION
ITEM
NUMBER
DESCRIPTION OF
SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
12.00 MO __________________ __________________
SERVICE TO PROVIDE MEDICAL PHYSICS INSPECTION FOR X-
RAY MACHINES LISTED, TO INCLUDE OUTPATIENT LOCATIONS
AS STATED IN THE SOW
Contract Period: Base POP Begin: 09-01-2024 POP End: 08-31-2025
RAY MACHINES LISTED, TO INCLUDE OUTPATIENT LOCATIONS
AS STATED IN THE SOW
Contract Period: Option 1 POP Begin: 09-01-2025 POP End: 08-31-2026
RAY MACHINES LISTED, TO INCLUDE OUTPATIENT LOCATIONS
AS STATED IN THE SOW
Contract Period: Option 2 POP Begin: 09-01-2026 POP End: 08-31-2027
RAY MACHINES LISTED, TO INCLUDE OUTPATIENT LOCATIONS
AS STATED IN THE SOW
Contract Period: Option 3 POP Begin: 09-01-2027 POP End: 08-31-2028
RAY MACHINES LISTED, TO INCLUDE OUTPATIENT LOCATIONS
AS STATED IN THE SOW
Contract Period: Option 4 POP Begin: 09-01-2028 POP End: 08-31-2029
GRAND TOTAL __________________
B.3 DELIVERY SCHEDULE
ITEM
NUMBER SHIPPING INFORMATION QUANTITY
DELIVERY
DATE
12.00
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…
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