36C24726Q0253_1.docx
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- Attached to
- R602--Courier Services Milledgeville Tifton
- Solicitation number
- 36C24726Q0253
About this file
This is a combined synopsis and solicitation for courier services issued by the Department of Veterans Affairs Veterans Health Administration, Network Contracting Office 7 in Atlanta, Georgia. The solicitation (36C24726Q0253) is a total Service-Disabled Veteran-Owned Small Business (SDVOSB) set-aside, meaning only firms verified as SDVOSBs in the VA Veteran Small Business Certification (VetCert) database are eligible to compete. The procurement is for firm-fixed-price courier services to transport medical supplies, documents, and laboratory specimens between the Carl Vinson VAMC in Dublin, Georgia and two Community Based Outpatient Clinics (CBOCs) in Milledgeville and Tifton, Georgia. The contract period consists of a one-year base period beginning May 22, 2026, plus four optional one-year periods, extending through May 21, 2031.
Service requirements include daily Monday-through-Friday courier runs (excluding federal holidays) with scheduled pickups and deliveries. For Milledgeville CBOC, the contractor must pick up lab specimens and materials between 2:00 PM and 2:30 PM and deliver them to Dublin by 4:00 PM. For Tifton CBOC, the contractor must pick up supplies from Dublin departments by 12:00 PM noon and deliver them to Tifton by 2:00 PM, then retrieve specimens and materials for return to Dublin by 5:00 PM. The contractor must use only government-provided OSHA-approved laboratory containers, maintain proper temperature control, comply with HIPAA and privacy regulations, carry emergency spill kits, and maintain proper licensing and insurance. Personnel must have OSHA training in biohazard/diagnostic specimen handling, HIPAA certification, and background investigations completed before award. Quotes are due electronically as a single PDF by February 17, 2026 at 12:00 PM Eastern Time. Questions must be submitted by February 9, 2026 at 12:00 PM Eastern Time to Contract Specialist Jessica Cummings at Jessica.Cummings3@va.gov. The NAICS code is 492110 (Couriers and Express Delivery Services) with a small business size standard of $34.0 million.
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| S06 Amendment 36C24726Q0253 0001.pdf |
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36C24726Q0253
| SUBJECT* |
| Courier Services Milledgeville Tifton |
GENERAL INFORMATION
| CONTRACTING OFFICE’S ZIP CODE* |
| 30329 |
| SOLICITATION NUMBER* |
| 36C24726Q0253 |
| RESPONSE DATE/TIME/ZONE |
| 02-17-2026 12PM EASTERN TIME, NEW YORK, USA |
| ARCHIVE |
| 15 DAYS AFTER THE RESPONSE DATE |
| RECOVERY ACT FUNDS |
| N |
| SET-ASIDE |
| SDVOSBC |
| PRODUCT SERVICE CODE* |
| R602 |
| NAICS CODE* |
| 492210 |
| CONTRACTING OFFICE ADDRESS |
| DEPARTMENT OF VETERANS AFFAIRS |
VETERANS HEALTH ADMINISTRATION
Network Contracting Office (NCO) 7 2957 CLAIRMONT ROAD NE, Suite 1200 Atlanta GA 30329
POINT OF CONTACT*
Contact Specialist Jessica Cummings Jessica.Cummings3@va.gov
PLACE OF PERFORMANCE
ADDRESS
Department of Veterans Affairs
Tifton, Georgia
Milledgeville,Georgia
GA
POSTAL CODE
| COUNTRY |
| USA |
ADDITIONAL INFORMATION
AGENCY’S URL
URL DESCRIPTION
AGENCY CONTACT’S EMAIL ADDRESS
EMAIL DESCRIPTION
DESCRIPTION
DESCRIPTION
This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) Parts 12 and 13, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a separate written solicitation will not be issued.
The Government intends to award a firm-fixed-price (FFP) contract resulting from this solicitation.
This procurement is being conducted as a total Service-Disabled Veteran-Owned Small Business (SDVOSB) set-aside. Only firms verified as SDVOSBs in the Department of Veterans Affairs Veteran Small Business Certification (VetCert) database at the time of quote submission and at the time of award are eligible for award.
NAICS
The associated NAICS code is 492110 – Couriers and Express Delivery Services. The small business size standard is $34.0 million.
QUESTIONS
All questions pertaining to this solicitation must be submitted via email to the Contracting Officer no later than February 9, 2026, at 12:00 PM Eastern Time. The solicitation number shall be included in the subject line of the email to ensure timely review and response.
Questions received after this date and time will not be considered. Responses to questions, if any, will be posted as an amendment to the solicitation on SAM.gov. Offerors are responsible for monitoring SAM.gov for updates and amendments.
DESCRIPTION OF REQUIREMENT
The Department of Veterans Affairs is seeking qualified SDVOSB contractors to provide Courier Services for the Triton / Milledgeville CBOC. Services include scheduled pickup and delivery of medical supplies, documents, and related materials in accordance with the attached Statement of Work (SOW). Period of Performance: Base Year plus four (4) Option Years Anticipated Start Date: May 22, 2026
SUBMISSION INSTRUCTIONS
Quotes must be submitted electronically in one (1) email as a single PDF file and must include the entire complete SFn1449 package, pricing schedule, and all required representations and certifications. Late submissions will not be accepted. Telephone or facsimile submissions will not be accepted.
TERMS
This solicitation incorporates one or more provisions and clauses by reference, with the same force and effect as if they were given in full text. The full text of applicable clauses may be accessed at:
• https://www.acquisition.gov/far
• https://www.va.gov/oal/library/vaars
Offerors are responsible for reviewing the entire solicitation, including the SOW, applicable provisions and clauses, submission instructions, and evaluation criteria prior to submitting a quote.
Offerors must be verified SDVOSBs in VetCert and registered in the System for Award Management (SAM.gov) at the time of quote submission.
DEADLINE
Quotes must be submitted electronically in a single email and received no later than February 17, 2026, at 12:00 PM Eastern Time.
Late submissions will not be accepted. Telephone submissions will not be accepted.
ADDITIONAL INFORMATION
The place of performance is the Dublin VA Medical Center, Milledgeville CBOC and Tifton CBOC, Georgia.
Award will be made in accordance with the evaluation criteria set forth in the solicitation. The Government reserves the right to make award without discussion.
Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice
| *= Required Field |
| Combined Synopsis/Solicitation Notice |
Combined Synopsis/Solicitation Notice
PAGE 1 OF
1. REQUISITION NO.
2. CONTRACT NO.
3. AWARD/EFFECTIVE DATE
4. ORDER NO.
5. SOLICITATION NUMBER
6. SOLICITATION ISSUE DATE
a. NAME
b. TELEPHONE NO. (No Collect Calls)
8. OFFER DUE DATE/LOCAL
TIME
9. ISSUED BY
CODE
10. THIS ACQUISITION IS
UNRESTRICTED OR
SET ASIDE:
% FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS:
SIZE STANDARD:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ
IFB
RFP
15. DELIVER TO
CODE
16. ADMINISTERED BY
CODE
17a. CONTRACTOR/OFFEROR
CODE
FACILITY CODE
18a. PAYMENT WILL BE MADE BY
CODE
TELEPHONE NO.
UEI:
EFT:
PHONE:
FAX:
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED
SEE ADDENDUM
19.
20.
21.
22.
23.
24.
ITEM NO.
SCHEDULE OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA
26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
ARE
ARE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
ARE
ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________
29. AWARD OF CONTRACT: REF. ___________________________________ OFFER
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DATED ________________________________. YOUR OFFER ON SOLICITATION
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
(REV. NOV 2021)
PREVIOUS EDITION IS NOT USABLE
Prescribed by GSA - FAR (48 CFR) 53.212
7. FOR SOLICITATION
INFORMATION CALL:
STANDARD FORM 1449
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
557-26-3-503-0008 36C24726Q0253 02-02-2026 Jessica Cummings ***Email*** 02-17-2026
12PM
EST
508A
DEPARTMENT OF VETERANS AFFAIRS
VETERANS HEALTH ADMINISTRATION
Network Contracting Office (NCO) 7 2957 CLAIRMONT ROAD NE, Suite 1200 Atlanta GA 30329 X X 492210 $34 Million N/A X Department of Veterans Affairs Dublin VA Medical Center 1826 Veterans Blvd Dublin GA 31021 508A
DEPARTMENT OF VETERANS AFFAIRS
VETERANS HEALTH ADMINISTRATION
Network Contracting Office (NCO) 7 2957 CLAIRMONT ROAD NE, Suite 1200 Atlanta GA 30329
508A Department of Veterans Affairs
FMS-VA-2(101)
Financial Services Center PO Box 149971 Austin TX 78714-0071 See CONTINUATION Page Courier Services Milledgeville Tifton Base Plus Four Dublin VA Medical Center (Tifton and Milledgeville CBOC) Period of Performance Base Year: 5/22/26 - 5/21/2027 Option Year 1: 5/22/27 - 5/21/2028 Option Year 2: 5/22/28 - 5/21/2029 Option Year 3: 5/22/29 - 5/21/2030 Option Year 4: 5/22/30 - 5/21/2031 Please Fill-In and complete Clause 852.219-75 and VAAR 852.219-75 to be considered acceptable for Award Please reference RFQ# 36C24726Q0253 and Title on ALL email correspondence, and submission documents.
Vendor questions/concerns must be emailed to Contract Specialist Jessica.Cummings3@va.gov by 2/9/2026 12M EST See CONTINUATION Page 557-3660160-503-820100-2580 0100J2043 x X x Jessica Cummings Contracting Officer Page 1 of Table of Contents
| SECTION A | 5 |
| A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES | 5 |
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 8 |
| B.1 CONTRACT ADMINISTRATION DATA | 8 |
| B.2 STATEMENT OF WORK | 10 |
| B.3 PRICE/COST SCHEDULE | 19 |
| ITEM INFORMATION | 19 |
| SECTION C - CONTRACT CLAUSES | 22 |
| C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023) | 22 |
| C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) | 27 |
| C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) | 28 |
| C.4 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025) (DEVIATION) | 28 |
| C.5 VAAR 852.211-76 LIQUIDATED DAMAGES – REIMBURSEMENT FOR DATA BREACH COSTS (FEB 2023) ALTERNATE I (FEB 2023) | 38 |
| C.6 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION) | 39 |
| C.7 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION) | 42 |
| C.8 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) | 43 |
| C.9 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) | 44 |
| C.10 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 45 |
| C.11 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION FEB 2025) | 45 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 54 |
| D.1 WAGE DETERMINATION | 54 |
| SECTION E - SOLICITATION PROVISIONS | 65 |
| E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023) | 65 |
| E.2 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION) | 69 |
| E.3 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND CERTIFICATIONS (NOV 2025) (DEVIATION) | 70 |
| E.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 74 |
| E.5 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) | 74 |
| E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION FEB 2025) | 76 |
| E.7 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018) | 93 |
| E.8 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018) | 93 |
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 Jessica Cummings
DEPARTMENT OF VETERANS AFFAIRS
VETERANS HEALTH ADMINISTRATION
Network Contracting Office (NCO) 7 2957 CLAIRMONT ROAD NE, Suite 1200 Atlanta GA 30329
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
| [X] |
| 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or |
| [] |
| 52.232-36, Payment by Third Party |
3. INVOICES: Invoices shall be submitted in arrears:
| a. Quarterly | [] |
| b. Semi-Annually | [] |
| c. Other | [x] Monthly |
4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.
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 |
B.2 STATEMENT OF WORK
Statement of Work (SOW) 557-26-3-503-0008
1. Background
The Carl Vinson VAMC in Dublin, Georgia is operating Community Based Outpatient Clinics (CBOC) in Milledgeville, Georgia and Tifton, Georgia to better serve the Veterans in and around those areas. With the Milledgeville CBOC being located 45 miles away and the Tifton CBOC located some 105 miles away from the main facility in Dublin, a courier service contract will be necessary to transport supplies from Dublin to the Tifton CBOC and to transport Lab specimens and documentation back from the Milledgeville and Tifton CBOC to the main facility. The courier service will need to be daily, Monday through Friday, excluding all Federal Holidays.
2. Objectives
The Contractor will furnish all personnel, equipment, vehicles, and supplies necessary to provide courier services for the Milledgeville CBOC and the Tifton CBOC for the term of the contract as per section four (4) Statement of Required Goods/Deliverables in this document.
3. Scope The Carl Vinson VAMC seeking a contract courier service to transport supplies, lab specimens, and documentation daily, Monday through Friday, excluding all Federal Holidays between Carl Vinson VAMC and Milledgeville CBOC, located in Milledgeville, Georgia and Tifton CBOC, located in Tifton Georgia. This contract will be a firm-Fixed price contract and payment will be on a cost-per-delivery run basis for a period of one (1) year firm and four (4) option years.
4. Statement of Required Goods/Deliverables
The Contractor will furnish all personnel, equipment, vehicles and supplies necessary to provide courier services for the Milledgeville, Georgia and Tifton Georgia CBOC as outlined herein.
Milledgeville CBOC:
The contractor shall provide daily pick-up of lab specimens, documentation, supplies and any boxed items needing transported originating at the Milledgeville CBOC, located at 2249 Carl Vinson Hwy, Milledgeville, GA and delivered to the Carl Vinson VAMC, located 1826 Veterans BLVD, Dublin, GA. The pick-ups will need to be coordinated with the Nurse Manager or designated team member at the Milledgeville CBOC to be picked up between the hours of 2:00PM – 2:30PM daily Monday through Friday, excluding weekends and Federal Holidays. This is a one-way trip. The contractor will only use OSHA approved laboratory containers and refrigerant packs provided by the Carl Vinson VAMC, Laboratory Department. At the start of the contract, the contractor will be responsible for picking up the container from the Laboratory Department at the Carl Vinson VAMC and for returning the container at the end of the contract terms. All efforts will be made to ensure inadvertent access to patient privacy information is avoided. At no time should specimens packaged with patient privacy data be left unattended. Contractor will ensure that specimens collected at Milledgeville CBOC arrive at the Carl Vinson Laboratory Department on or before 4:00PM daily. Courier may park in designated parking spaces for visitors and/or the loading /unloading paces at the Carl Vinson VAMC.
The Laboratory Department is a controlled access space and the Contractor will announce visit by way of the audio buzzer at the Laboratory Department entry.
Some specimens will require room temperature transport and will only need to be protected from the heat the Contractor will ensure appropriate measures are taken to protect these types of specimens. The Contractor is responsible for ensuring that an accidental/emergency spill kit is always carried in the transporting vehicle. The drivers and vehicles used in the performance of this contract must be licensed, registered, and insured to meet all State and City requirements. The Contractor must ensure compliance with Federal and State requirements for transporting specimens over ground.
Tifton CBOC: The Contractor shall provide daily pick, Monday through Friday, excluding weekends and Federal Holidays, originating at the Carl Vinson VAMC, located at 1826 Veterans BLVD, Dublin GA. The Driver will pick up supplies and documentation from the following departments Laboratory Department, Pharmacy Department, Logistics Department (Medical supply / Office Supply), and the Mail Room. The Driver will need to coordinate the pick- up to allow for a departure time on or before 12:00PM daily to ensure that sufficient transport time to arrive at the Tifton CBOC located at 302 W 20th Street, Tifton, GA on or before 2:00PM. The Driver will coordinate the delivery of any supplies or documents with the Nurse Manager or designee and will pick up any lab specimens or documents to be delivered back to Carl Vinson VAMC, Dublin GA. This is considered a round trip. The contractor will only use OSHA approved laboratory containers and refrigerant packs provided by the Carl Vinson VAMC, Laboratory Department. At the start of the contract the contractor will be responsible for picking up the container from the Laboratory Department at the Carl Vinson VAMC and for returning the container at the end of the contract terms. All efforts will be made to ensure inadvertent access to patient privacy information is avoided. At no time should specimens packaged with patient privacy data be left unattended. Contractor will ensure that specimens collected at Milledgeville CBOC arrive at the Carl Vinson Laboratory Department on or before 5:00PM daily. Courier may park in designated parking spaces for visitors and/or the loading /unloading paces at the Carl Vinson VAMC. The Laboratory Department is a controlled access space and the Contractor will announce visit by way of the audio buzzer at the Laboratory Department entry. Some specimens will require room temperature transport and will only need to be protected from the heat the Contractor will ensure appropriate measures are taken to protect these types of specimens. The Contractor is responsible for ensuring that an accidental/emergency spill kit is always carried in the transporting vehicle. The drivers and vehicles used in the performance of this contract must be licensed, registered, and insured to meet all State and City requirements. The Contractor must ensure compliance with Federal and State requirements for transporting specimens over ground. The Nurse Managers at Milledgeville and Tifton CBOC reserve the right to adjust the pick-up hours as needed to meet the mission of the CBOC. The COR will notify the contractor within two (2) days of any changes to pick- up or delivery times.
Personnel assigned by the Contractor to perform services covered under this contract shall be trained and qualified in transporting biohazard/diagnostic specimens (OSHA), HIPPA trained with certificates of completion submitted to Contracting Officer during solicitation phase. The qualifications of such personnel shall also be subject to review by the Carl Vinson VA Chief of Staff and approval by the facility Director. Each person assigned to work under this contract shall be well trained in federal, state, and local requirements in which the services are being provided. The contractor shall comply with all applicable Federal, State, and local laws, executive orders, rules and regulations applicable to its performance under this contract. VA reserves the right to refuse employment, under this contract, or require dismissal from contract work any contract work any contract employee who, by reason of previously unsatisfactory performance at the VA or unsatisfactory performance under the contract was dismissed. VA also reserves the right to refuse employment, under this contract to any contract employee who violates the privacy of any patient whose specimens they have had access to. Business Associate Agreement-A Business Associate Agreement must be returned to the Contracting Officer within 7 days of award notification.
The contractor shall be responsible for protecting the personnel furnishing services under the contract. To carry out this responsibility, the contractor shall provide workers compensation, professional liability insurance, health examination, income tax withholding and social security payments. The parties agree that the contractor, its employees, agents and subcontractors shall not be considered VA employees for any purpose.
The Contractor will make no substitution of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer (CO) and COR in writing within 15 calendar days of the occurrence of these events and provide the following required information: Temporary substitutions where the key personnel shall not be reporting to work for three (3) consecutive workdays or more, the contractor will provide a qualified replacement for the key person and notify the CO and COR. The substitution shall have comparable qualifications to the key personnel. The CO or COR shall notify the contractor within 15 calendar days after receipt of all required information of the decision on the proposed substitutes. The contract shall be modified to correct any approved changes to key personnel.
5. Tasks:
The Contractor must maintain a record and log of daily courier pick-up and deliveries indicating time and date of pick-up / delivery, number of specimens and/or items, and signatures of VA employee at the pick-up and delivery sites. A copy of these logs will be furnished upon request to the VAMC COR for this contract.
6. Training:
In the performance of this contract the contractor shall take such safety and infection control precaution necessary to protect the lives and health of those personnel transporting lab specimens. Personnel must also be trained in accordance with Occupation Safety and Health Act (OSHA) requirements on proper specimen handling procedures, temperature control, record keeping and infectious disease (biohazard/diagnostic) specimen handling in case of an accidental spill, Universal precautions training, blood-born pathogen training from OSHA. Contractor will ensure that personnel are trained in the area of patient privacy which includes the requirements of the Privacy Act5 U. S. C. section 552a, and 38 U. S. C. sections 5701,7705, and 7332., the Health Insurance portability and Accountability Act (HIPPA) and VA privacy policies and procedures prior to award. The Contractor will provide a training program that describes initial training and annual training and provide such proof to the Contracting Officer during solicitation phase and to the COR and Laboratory Department Manager post award.
7. Government-Furnished Property:
The Government will provide the appropriate OSHA approved laboratory containers and refrigerant packs required for the transport of lab specimens. The Contractor is responsible for returning all containers at the end period of the contract.
8. Security Requirements:
A. Position Sensitivity - The position sensitivity has been designated as low risk.
B. Background Investigation - The level of background investigation commensurate with the required level of access is National Agency Check with Written Inquiries (NACI).
C. Contractor Responsibilities
(1) The contractor shall bear the expense of obtaining background investigations prior to award. If the Office of Personnel Management (OPM) conducts the investigation, the contractor shall reimburse VA within 30 days. If timely payment is not made within 30 days from date of bill for collection, then VA shall deduct the cost incurred from the contractor’s 1st month’s invoice(s) for services rendered.
(2) It is imperative for the contractor to provide, at the request of VA, a listing of employees and contractor personnel performing services under the contract in order for the background investigation process to commence. This list will include name (first, middle, last) social security number; date of birth; city, state, and country of birth.
(3) The contractor or their employees shall submit a complete background investigation packet. Additional guidance and information in completing the required forms, and examples of the forms, can be found at http://www1.va.gov/VABackground_Investigations/page.cfm?pg=2. The following required forms must be submitted to the VA Office of Security and Law Enforcement before contract performance begins:
| (i) Standard Form 85, Questionnaire for Non-Sensitive Positions | |
| (ii) Optional Form 306, Declaration for Federal Employment | |
| (iii) Electronic Fingerprint Form | |
| Fingerprinting is required with the background investigation. Fingerprinting can be done at the local VA Facility. The Electronic Fingerprint Verification Form must be submitted | with the above required forms. |
(4) The Contractor shall inform the contract employee that when filling out Standard Form 85, that there should be no gaps in employment history. Any gaps in employment history on Standard Form 85 may result in OPM rejecting the documentation for investigation and delay contract performance.
(5) The contractor must submit to the Contracting Officer the number of personnel regularly employed on a full-time basis.
(6) The contractor, when notified of an unfavorable determination by the Government, shall withdraw the employee from consideration from working under the contract, and at the request of the VA, submit another employee for consideration.
(7) The contractor may utilize a private investigating agency if such agency possesses an OPM and Defense Security Service certification. A Cage Code number must be provided to the VA Office of Security and Law Enforcement. VA Office of Security and Law Enforcement will verify the information and advise the contracting officer whether contractor’s access to the computer systems can be authorized.
(8) All contractor employees and subcontractors are required to complete VA’s Privacy training annually following contract award. All Contractor employees and subcontractors requiring access to VA computer network are required to complete Cyber Security training courses annually either on-line or hard copy. Documented proof must be provided to the Contracting Officer with proposal.
(9) The contractor will notify the COTR immediately when their employee(s) no longer require access to VA computer systems.
D. Government Responsibilities:
(1) The contracting officer will request the contractor employee’s background investigation by the Office of Security and Law Enforcement.
(2) The Office of Security and Law Enforcement will notify the contractor with instructions for the contractor's employees, coordinate the background investigations, and notify the contracting officer and contractor of the results of the investigations.
(3) The VA facility will pay for requested investigations in advance. A bill for collection will be sent to the contractor to reimburse the VA facility. The contractor will reimburse the VA facility within 30 days. If timely payment is not made within 30 days from date of bill for collection, then VA shall deduct the cost incurred from the contractors 1st month’s invoice(s) for services rendered.
SAC (Special Agreement Check)
All Contractor Employees who require access to the Department of Veterans Affairs computer systems or who have access to sensitive information shall be required to have, at a minimum, a Special Agreement Check (SAC) which includes electronic fingerprinting. A Contractor Employee shall not perform any contract work (except for any other required orientation and training that does not require access to a VA computer system) until fingerprinting is completed by the local Human Resource Management Service. Fingerprinting should take place on the first day that a Contractor Employee enters on duty. The Contracting Officer’s Technical Representative shall facilitate the SAC process for the Contractor and Contractor Employee.
If the SAC identifies “potentially actionable issues” in connection with a Contractor Employee and it is determined that the Contractor Employee needs to be removed, the Contracting Officer shall notify the Contractor and the Contractor shall immediately remove that Employee from contract work. The removal of the Employee shall not excuse any failure to meet contract requirements. SACs and fingerprinting of Contractor Employees will be required even when an Employee will not be working on site at a VA Facility. The Contracting Officer can identify other options for accomplishing these SACs.
9. Point of Contact
COR: Yolanda Rock, 478-272-1210 Ext 3497 email: Yolanda.Rock@va.gov
Laboratory Department Manager, Ruth Simmons, 478-272-1210 Ext 2479 email: Ruth.Simmons@va.gov
Nurse Manager Darlene Mathis-Moment, email: darlene.mathis-moment@va.gov
10. Place of Performance or Delivery Address
Milledgeville Origination: Milledgeville CBOC, located at 2249 Carl Vinson Hwy, Milledgeville, GA Final Destination: Carl Vinson VAMC, 1826 Veterans Boulevard Dublin, Ga Tifton Origination: Carl Vinson VAMC, 1826 Veterans Boulevard Dublin, Ga Destination: Tifton CBOC, located at 302 W 20th Street, Tifton, GA
Final Destination: Carl Vinson A Medical Center 1826 Veterans Boulevard, Dublin, Georgia 31021
11. Period of Performance or Required Delivery Date
This contract will be a firm fixed price contract with a base year and four (4) option years. Payment will be on a monthly basis. The performance period is detailed in the schedule.
Base period: May 22, 2026 – May 21, 2027 Option year 1: May 22, 2027 – May 21, 2028 Option year 2: May 22, 2028 – May 21, 2029 Option year 3: May 22, 2029 – May 21, 2030 Option year 4: May 22, 2030 – May 21, 2031
12. Inspection and Acceptance
The contractor shall be required to meet the standards set forth in the Quality Assurance Surveillance Plan (QASP). Failure to meet the Performance Standards set forth in the QASP will results in a negative rating for the contract evaluation period and will be considered in determining award of contract option years. Failure to meet the Performance Standard for delivery of service will result in financial penalties if additional expenses are incurred by the facility to provide the needed service at the last minute.
Quality Assurance Surveillance Plan (QASP) – Albany VA Clinic Courier Services Contract
| Performance Objective |
| Performance Standard |
| Method of Assessment |
| Designate a point of contact in writing 5 days after contract award |
| Written notification received 5 |
days after contract award Written notification by contractor
Contractor maintains appropriate licenses, insurance, and bonding as applicable 100% of licenses and certificates shall be renewed and maintained in current status during life of contract Copies provided by Contractor and originals maintained by Contractor
Contractor supplies courier service daily as specified in contract
| 100% compliance (No deviation financial penalty for noncompliance for expenses incurred by facility above contracted rate to provide services at last minute) |
| COR maintain log of incidents |
Contractor shall complete mandatory training requirements of this contract and provide initial and annual training of drivers.
100% compliance with mandatory training requirement Copies of completed training maintained by contractor, lab, and COR as provided by contractor.
| Continuous high level of customer service |
| Substantiated customer service complaints no more than 2 per year per courier. |
| COR maintain log of complaints |
| Comply with Specific Tasks |
| Comply 100% of the time. |
| COR maintain log |
| Standard |
| Measurement |
| Past Performance Assessment |
| 99% - 100% |
| Excellent |
| Document Past Performance |
| 96% to 98 % |
| Very Good |
| Assessment Report, paying |
particular attention performance that exceeds the standards
| 95 % |
| Satisfactory |
| 92 % to 94 % |
| Marginal |
| 91 % |
| Unsatisfactory |
13. Invoices
Vendor Electronic Invoice Submission Methods
Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods below:
1. VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten Network (Formerly OB10), to transition vendors from paper to electronic invoice submission. Please go to this website http://www.tungsten-network.com/us/en/veterans-affairs-us/ to begin submitting electronic invoices, free of charge.
2. A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI).
The X12 EDI Web site (http://www.x12.org).
Vendor e-Invoice Set-Up Information:
Please contact OB10 at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have question about the e-invoicing program or OB10, please contact the FSC at the phone number or email address listed below:
OB10 e-Invoice Setup Information: 1-877-489-6135 OB10 e-Invoice email: VA.Registration@ob10.com FSC e-Invoice Contact Information: 1-877-353-9791 FSC e-invoice email: vafsccshd@va.gov
B.3 PRICE/COST SCHEDULE
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 12.00 |
| EA |
| __________________ |
| __________________ |
Daily Courier service from COURIER SERVICE: 1 Daily Courier service from Milledgeville CBOC to Carl Vinson VAMC to be performed in accordance with the statement of work. Daily Courier service from Tifton CBOC to Carl Vinson VAMC to be performed in accordance with the statement of work.
Contract Period: Base POP Begin: 05-22-2026 POP End: 05-21-2027
| 12.00 |
| EA |
| __________________ |
| __________________ |
12 MO
Contract Period: Base POP Begin: 05-22-2026 POP End: 05-21-2027
| 12.00 |
| EA |
| __________________ |
| __________________ |
Daily Courier service from COURIER SERVICE: 1 Daily Courier service from Milledgeville CBOC to Carl Vinson VAMC to be performed in accordance with the statement of work. Daily Courier service from Tifton CBOC to Carl Vinson VAMC to be performed in accordance with the statement of work.
Contract Period: Option 1 POP Begin: 05-22-2027 POP End: 05-21-2028
| 12.00 |
| EA |
| __________________ |
| __________________ |
12 MO
Contract Period: Option 1 POP Begin: 05-22-2027 POP End: 05-21-2028
| 12.00 |
| EA |
| __________________ |
| __________________ |
Daily Courier service from COURIER SERVICE: 1 Daily Courier service from Milledgeville CBOC to Carl Vinson VAMC to be performed in accordance with the statement of work. Daily Courier service from Tifton CBOC to Carl Vinson VAMC to be performed in accordance with the statement of work.
Contract Period: Option 2 POP Begin: 05-22-2028 POP End: 05-21-2029
| 12.00 |
| EA |
| __________________ |
| __________________ |
12 MO
Contract Period: Option 2 POP Begin: 05-22-2028 POP End: 05-21-2029
| 12.00 |
| EA |
| __________________ |
| __________________ |
Daily Courier service from COURIER SERVICE: 1 Daily Courier service from Milledgeville CBOC to Carl Vinson VAMC to be performed in accordance with the statement of work. Daily Courier service from Tifton CBOC to Carl Vinson VAMC to be performed in accordance with the statement of work.
Contract Period: Option 3 POP Begin: 05-22-2029 POP End: 05-21-2030
| 12.00 |
| EA |
| __________________ |
| __________________ |
12 MO
Contract Period: Option 3 POP Begin: 05-22-2029 POP End: 05-21-2030
| 12.00 |
| EA |
| __________________ |
| __________________ |
Daily Courier service from COURIER SERVICE: 1 Daily Courier service from Milledgeville CBOC to Carl Vinson VAMC to be performed in accordance with the statement of work. Daily Courier service from Tifton CBOC to Carl Vinson VAMC to be performed in accordance with the statement of work.
Contract Period: Option 4 POP Begin: 05-22-2030 POP End: 05-21-2031
| 12.00 |
| EA |
| __________________ |
| __________________ |
12 MO
Contract Period: Option 4 POP Begin: 05-22-2030 POP End: 05-21-2031
| GRAND TOTAL |
| __________________ |
36C24726Q0253
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SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—
(1) Within a reasonable time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payment.—
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.
(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(6) Interest.
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.
(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.
(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:
(1) The schedule of supplies/services.
(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;
(3) The clause at 52.212-5.
(4) Addenda to this solicitation or contract, including any license agreements for computer software.
(5) Solicitation provisions if this is a solicitation.
(6) Other paragraphs of this clause.
(7) The Standard Form 1449.
(8) Other documents, exhibits, and attachments
(9) The specification.
(t) [Reserved]
(u) Unauthorized Obligations.
(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:
(i) Any such clause is unenforceable against the Government.
(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.
(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.
(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency…
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