36C24724Q0810 - Columbia VAMC Medical Physicist Services.pdf

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ON-SITE QUALIFIED DIAGNOSTIC MEDICAL PHYSICIST SERVICES - WJB DORN VAMC - COLUMBIA, SC
Solicitation number
36C24724Q0810
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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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