36C24920Q0309.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. DUNS: DUNS+4:

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. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

626-21-1-701-0004

36C24920Q0309 08-07-2020

Lori L Ellis 615-225-5507 08-20-2020

10AM

Department of Veterans Affairs Network Contracting Office 9 (90C)

NCO 9

1639 Medical Center Parkway, Suite 400 Murfreesboro TN 37129

X 100

X

339112

1000 Employees

N/A

VA Tennessee Valley Healthcare System Medical Center Nashville 1310 24th Avenue South Nashville TN 37212

90C

Network Contracting Office 9 Department of Veterans Affairs Network Contracting Office (90C) 1639 Medical Center Parkway Suite 400 Murfreesboro TN 37129

90C

FSC e-Invoicing Payment http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489-6135 Invoice must be submitted electronically

Setup 1-877-489-6135

See CONTINUATION Page

The Carefusion Pyxis® PharmoPack™ it attaches to and commun-icates across local area networks both locally and at remote Community Based Outpatient Clinics (CBOC) by way of one main server, currently situated in the Nashville Inpatient Phar-macy area. IAW to the Statement of work for the locations for VAMC Nashville and VAMC Alvin C. York, Murfreesboro.

Base Year: October 1, 2020 - September 30, 2021 Option Year 1: October 1, 2021 - September 30, 2022 Option Year 2: October 1, 2022 - September 30, 2023 Option Year 3: October 1, 2023 - September 30, 2024 Option Year 4: October 1, 2024 - September 30, 2025

See CONTINUATION Page

X X X 1

Lori L Ellis Contracting Officer

36C24920Q0309

Table of Contents

SECTION A

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

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 Statement of Work

B.3 PRICE SCHEDULE

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT

2018)

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

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)

C.5 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

C.6 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.7 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.8 VAAR 852.237-75 KEY PERSONNEL (OCT 2019)

C.9 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JUN 2020)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 2.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018) ..35

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)

E.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.5 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (JUN 2020)

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 36C249

Network Contracting Office 9 (90C)

NCO 9

1639 Medical Center Parkway, Suite 400

Murfreesboro TN 37129

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 in the arrears

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.

FSC e-Invoicing Payment http://www.fsc.va.gov/fsc/einvoice.asp

Invoice Setup Information 1-877-489-6135

Invoice must be submitted electronically

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

CAREFUSION PYXIS® PHARMOPACK™ Medication packaging and barcoding technology

Pharmacy Service (626/119)

STATEMENT OF WORK PART A – GENERAL INFORMATION

A.1 INTRODUCTION

This document is intended to continue the current Carefusion Pyxis® PharmoPack™. The Carefusion Pyxis® PharmoPack™ replaced theTalyst® AutoPackager, 10yrs old outdated and no longer supported technology, in October of 2019 integrating with the Carefusion Pyxis® Enterprise Server medication storage and distribution system at the VA Tennessee Valley Healthcare System (TVHS).

A.2 BACKGROUND

Upon receipt of the Carefusion Pyxis® PharmoPack™ in October 2019 for the Murfreesboro Campus of TVHS and in November 2019 for the Nashville Campus of TVHS; it has taken the full six months to present, May of 2020, to bring all medications loaded and validated and all communications operational with VA systems meeting all VA security requirements. Increasingly complex technologies to receive, store, count, package and dispense medications in whole or for any part of the medication use system are difficult to assimilate with VA systems. Six (6) months to accomplish this is not unreasonable. But a change or lapse in contract would cause undue costs to the VA to restart that process now complete. At both campuses repackaging bulk purchased medication into the BCMA compatible unit dose medications for inpatient medication administration rather than manufacturer purchased unit dose medications saves substantial medication purchase costs per packet across approximately 12,000 to 15,000 packets used every day for inpatient medication administrations. This reduces pharmacy unit dose purchase cost by approximately $218,400 to $273,000 annually. Loss of the bulk to unit dose repackaging capability would be costly in both monies and safety.

A.3 SCOPE OF WORK

The Carefusion Pyxis® PharmoPack™ is an enterprise-wide system covered by the Carefusion Pyxis® national Business Access Agreement (BAA) and already approved for network connectivity by TVHS ISO/IRM. It attaches to and communicates across local area networks both locally and at remote, Community Based Outpatient Clinics (CBOC) by way of one main server, currently situated in the Nashville Inpatient Pharmacy area. The system will seamlessly communicate with existing Pyxis® equipment in all patient care areas to support adequate drug storage within TVHS.

STATEMENT OF WORK PART B – WORK REQUIREMENTS

Describe the tasks to be accomplished. Describe the work in detail. Divide the work into tasks. Describe tasks as what is to be accomplished. Identify and describe the key elements of each task.

TASK COMPLETION CRITERIA

B1. Maintain a network interface for the Pyxis® server in accordance with established Department of Veterans Affairs guidelines for servers with HIPAA and patient specific information.

B1.1. The main server will be maintained in the Nashville Campus Inpatient Pharmacy

B1. The server is operational

B1.1. The interface responds appropriately to PING command and communicates with all current and future associated devices

TASK COMPLETION CRITERIA

B2. All Pyxis® PharmoPack™ are assigned appropriate IP addresses.

B2.1. IRM will generate the IP addresses

B2.2. IRM will compare the optimal specifications to the existing systems and equipment and determine the need to change any local settings (such as a

VLAN).

B2.1. Each Pyxis® PharmoPack™ that connects to and communicates with the Pyxis® server has an IP address and Pyxis® personnel use the assigned IP address to maintain all devices

B3. Provide/configure connectivity to the Pyxis® server.

B2.2. Adequate computer port connections are available and operational for each PharmoPack™.

B2.3. All PharmoPack™ devices communicate with the Pyxis® server

B4. Install and configure PharmoPack™ client software to allow logon and access to all PharmoPack™ functionality and all Pyxis® medstations local and remote.

B4. PharmoPack™ client software will be maintained and operated successfully.

B5. Maintain all required databases on the Pyxis® server and ensure that the device is fully functional.

B5. The Pyxis® server has:

B5.1. All required and updated databases so as to be fully operational

B5.2. Communicates with all devices, both local and remote (CBOC).

B6. Configure and deploy any newly required PharmoPack™ devices, insuring as seamless a transition as possible between any required installations.

B6.1. Onsite personnel will setup, configure and insure operation of devices

B6.2. The Pyxis® PharmoPack™ will directly backup archive files to a designated network folder. No intermediate steps, devices or storage media will be needed to accomplish this task.

B6. Installation of any new devices may be staged by:

B6.1. Pyxis® and VA personnel will be onsite and insure proper configuration and operation of PharmoPack™ devices

B6.2. VA IRM personnel will designate a network folder that will receive and retain archive files from the Pyxis® System. The network folder will be included in routine network backups.

TASK COMPLETION CRITERIA

B7. VA IRM and Pharmacy personnel (and possibly Pyxis® personnel) will recover and secure information devices (e.g., hard drives) containing sensitive data (e.g., HIPAA and/or patient specific information).

B7. VA IRM and Pharmacy staff will

B7.1. Evaluate any devices requiring decommission and containing sensitive information (i.e., HIPAA, patient specific or proprietary information) and return them to the VA Tennessee Valley Healthcare System IRM staff for proper handling and decommissioning.

Pyxis®/Carefusion will be responsible for final disposition of any devices deemed to be their property.

B8. Train designated VA personnel in the use and configuration of client and administrative software and hardware controls.

B8. Pharmacy and IT personnel will indicate their training needs were accomplished for day to day operation of the PharmoPack™ system.

B8.1. Carefusion will assist in setting up an internal training program for all Pharmacy Staff.

B8.2. If Necessary, Carefusion will assist in setting up an internal training program for all IT personnel.

B8.3. Carefusion will assist with materials needed for a continuing training program for all new hires.

B8.4. At the completion of training, all Pharmacy personnel will be able to effectively operate the PharmoPack™ system. Also, IT personnel will be capable of supporting the needs of the Pharmacy staff in PharmoPack™ general support.

STATEMENT OF WORK PART C – SUPPORTING INFORMATION

C.1. Place of Performance

C1.1. Pharmacy Service – main servers, PharmoPack™ and PharmoPack™ workstations

C.2. Period of Performance – Routine maintenance, routine and emergency service, non-routine service to include at least software and hardware updates and necessary upgrades for five years (one initial year with lease options to renew for years two through five)

C.3. Special Considerations

C3.1. Contractor Furnished Materials

C3.1.1. CAT5 data line of sufficient length for manipulation and connection of PharmoPack™ devices to existing computer port connections.

C3.1.2. Uninterruptable Power Supplies (UPS) and/or surge suppressor devices for all equipment not already so buffered.

C3.2. Government Furnished Materials and Services

C3.2.1. TVHS will furnish an intact, operational data network and server host site sufficient for effective day to day operation of the PharmoPack™ system.

C3.2.2. TVHS will furnish power (emergency red plug) and network receptacles for operation of the PharmoPack™ system.

C3.3. Qualifications of Key Personnel

C3.3.1. Pyxis® will ensure that personnel furnished for support and configuration of PharmoPack™ devices have sufficient experience and knowledge so as to properly install and configure PharmoPack™ devices.

C3.3.2. TVHS will ensure that personnel furnished for installation, configuration and day to day operation of the PharmoPack™ System:

3.3.2.1. Have successfully completed training to operate the PharmoPack™ System

3.3.2.2. Have successfully completed all training necessary to protect sensitive information used in day to day PharmoPack™ Operation.

C3.4. Security Requirements

C3.4.1. PharmoPack™ devices will communicate over network connections considered secure as measured against Department of Veterans Affairs National, regional and local guidelines.

C3.4.2. Part of the maintenance contract with CareFusion Pyxis® PharmoPack™ will allow and require remote access to the PharmoPack™ System by Pyxis® technical personnel. Pyxis® will set up an account with the Department of Veterans Affairs that permits communication with the local Pyxis® System via Virtual Private Network (VPN). Under certain catastrophic circumstances, communication via modem MAY be allowed (providing all permissions to use the modem are granted through the facility ISO).

C3.4.3. Physical Security

3.4.3.1. The PharmoPack™ devices will operate in an environment that is observable and/or physically secured.

C3.4.4. Information Systems Security

3.4.4.1. Access to PharmoPack™ software and hardware operation is protected by the same safeguards as is standard on all Department of Veteran's Affairs workstations and servers and is compliant with national guidelines.

3.4.4.2. Antiviral software, firewall software and any other software necessary to secure uninterrupted operation and protect sensitive VA data will be applied to the PharmoPack™ and servers as is standard for all Department of Veteran's Affairs workstations and servers and compliant with national guidelines.

3.4.4.3. CareFusion Pyxis® PharmoPack™ will have and maintain a Business Access Agreement with the Department of Veterans Affairs and comply with requirements detailed below in C3.4.1.1.3.

3.4.4.4. “VAAR- 852.273-75 SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION

TECHNOLOGY RESOURCES (Interim - October 2008)

3.4.4.5. The contractor and their personnel shall be subject to the same Federal laws, regulations, standards and VA policies as VA personnel, regarding information and information system security. These include but are not limited to Federal Information Security Management Act (FISMA), Appendix III of 0MB Circular A-130, and guidance and standards, available from the Department of Commerce’s National Institute of Standards and Technology (NIST). This also includes the use of common security configurations available from NIST’s Web site at:

http://checklists.nist.gov

3.4.4.6. To ensure that appropriate security controls are in place, contractors must follow the procedures set forth in “VA Information and Information System Security/Privacy Requirements for IT Contracts” located at the following Web site: http://www.iprm.oit.va.gov\

3.4.4.7. These provisions shall apply to all contracts in which VA sensitive information is stored, generated, transmitted, or exchanged by VA, a contractor, subcontractor or a third-party, or on behalf of any of these entities regardless of format or whether it resides on a VA system or contractor/subcontractor’s electronic information system(s) operating for or on the VA’s behalf.

3.4.4.8. Clauses 3.4.4.5 and 3.4.4.6 shall apply to current and future contracts and acquisition vehicles including, but not limited to, job orders, task orders, letter contracts, purchase orders, and modifications. Contracts do not include grants and cooperative agreements covered by 31 U.S.C.

§6301 et seq.

3.4.4.9. Certification of Compliance.

I certify that all requirements applicable to this contract are in compliance with the stated clause VAAR Clause 852.273-75.

3.4.4.10.

Authorized Company Representative Signature

3.4.4.11. Contractor’s Statement of Release - In consideration of the modification agreed to herein as complete equitable adjustment, the Contractor hereby releases the Government from any and all liability under this contract for further equitable adjustments attributable to this modification.

3.4.4.12. TVHS will provide a secure or observable area for operating each device of the PharmoPack™ system.

STATEMENT OF WORK PART D – EVALUATION FACTORS

D. The Government will award a task order 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.

D.1. Implementation and maintenance at earliest possible date

D.2. Presence of working, documented VA interface within other VA’s

D.3. Compatibility/connectivity with automation currently onsite in the TVHS Pharmacy

D.4. Remote access capability

D.5. Past Performance/Experience

D.6. Price

Implementation, Interface, Remote Access, and Past Performance/Experience when combined are significantly more important than Price.

B.3 PRICE SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

12.00 MO __________________ __________________

MONTHLY RENTAL FEE FOR PHARMOPACK AT NASHVILLE VAMC

HOSPITAL 1310 24TH AVENUE SOUTH, NASHVILLE, TN 37212

Serial Number 43225276 Product ID 130995-002 Kit, Implement, Pharmopack Serial Number 43225277 Product ID 130986-01 PharmoPack Repl Lower Unit, Un Serial Number 15740635 Pharmacy Product ID 166-02 PHACTS NUIC Workstation FG Contract Period: Base POP Begin: 10-01-2020 POP End: 09-30-2021

MONTHLY SUPPORT FOR PHARMOPACK AT NASHVILLE VAMC

HOSPITAL 1310 24TH AVENUE SOUTH, NASHVILLE, TN 37212

Serial Number 43225275 Product ID 165-16 Packager Pharmopack W/405 Serial Number 15740635 Pharmacy Product ID 166-02 PHACTS NUIC Workstation FG Contract Period: Base

RENTAL FEE FOR PHARMOPACK AT MURFREESBORO VAMC

HOSPITAL 3400 LEBANON ROAD, MURFREESBORO, TN 37129

Serial Number 43225276 Product ID 130995-002 Kit, Implement, Pharmopack Serial Number 43225277 Product ID 130986-01 PharmoPack Repl Lower Unit, Un Serial Number 15740635 Pharmacy Product ID 166-02 PHACTS NUIC Workstation FG Contract Period: Base

MONTHLY SUPPORT FOR PHARMOPACK AT MURFREESBORO

VAMC HOSPITAL 3400 LEBANON ROAD, MURFREESBORO, TN

37129

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Serial Number 43225275 Product ID 165-16 Packager Pharmopack W/405 Serial Number 15740635 Pharmacy Product ID 166-02 PHACTS NUIC Workstation FG Contract Period: Base POP Begin: 10-01-2020

HOSPITAL 1310 24TH AVENUE SOUTH, NASHVILLE, TN 37212

Serial Number 43225276 Product ID 130995-002 Kit, Implement, Pharmopack Serial Number 43225277 Product ID 130986-01 PharmoPack Repl Lower Unit, Un Serial Number 15740635 Pharmacy Product ID 166-02 PHACTS NUIC Workstation FG Contract Period: Option 1 POP Begin: 10-01-2021 POP End: 09-30-2022

HOSPITAL 1310 24TH AVENUE SOUTH, NASHVILLE, TN 37212

Serial Number 43225275 Product ID 165-16 Packager Pharmopack W/405 Serial Number 15740635 Pharmacy Product ID 166-02 PHACTS NUIC Workstation FG Contract Period: Option 1

HOSPITAL 3400 LEBANON ROAD, MURFREESBORO, TN 37129

Serial Number 43225276 Product ID 130995-002 Kit, Implement, Pharmopack Serial Number 43225277 Product ID 130986-01 PharmoPack Repl Lower Unit, Un Serial Number 15740635 Pharmacy Product ID 166-02 PHACTS NUIC Workstation FG Contract Period: Option 1

VAMC HOSPITAL 3400 LEBANON ROAD, MURFREESBORO, TN

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

37129

Serial Number 43225275 Product ID 165-16 Packager Pharmopack W/405 Serial Number 15740635 Pharmacy Product ID 166-02 PHACTS NUIC Workstation FG Contract Period: Option 1 POP Begin: 10-01-2021

HOSPITAL 1310 24TH AVENUE SOUTH, NASHVILLE, TN 37212

Serial Number 43225276 Product ID 130995-002 Kit, Implement, Pharmopack Serial Number 43225277 Product ID 130986-01 PharmoPack Repl Lower Unit, Un Serial Number 15740635 Pharmacy Product ID 166-02 PHACTS NUIC Workstation FG Contract Period: Option 2 POP Begin: 10-01-2022 POP End: 09-30-2023

HOSPITAL 1310 24TH AVENUE SOUTH, NASHVILLE, TN 37212

Serial Number 43225275 Product ID 165-16 Packager Pharmopack W/405 Serial Number 15740635 Pharmacy Product ID 166-02 PHACTS NUIC Workstation FG Contract Period: Option 2

HOSPITAL 3400 LEBANON ROAD, MURFREESBORO, TN 37129

Serial Number 43225276 Product ID 130995-002 Kit, Implement, Pharmopack Serial Number 43225277 Product ID 130986-01 PharmoPack Repl Lower Unit, Un Serial Number 15740635 Pharmacy Product ID 166-02 PHACTS NUIC Workstation FG Contract Period: Option 2

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

MONTHLY SUPPORT FOR PHARMOPACK AT MURFREESBORO

VAMC HOSPITAL 3400 LEBANON ROAD, MURFREESBORO, TN

37129

Serial Number 43225275 Product ID 165-16 Packager Pharmopack W/405 Serial Number 15740635 Pharmacy Product ID 166-02 PHACTS NUIC Workstation FG Contract Period: Option 2

HOSPITAL 1310 24TH AVENUE SOUTH, NASHVILLE, TN 37212

Serial Number 43225276 Product ID 130995-002 Kit, Implement, Pharmopack Serial Number 43225277 Product ID 130986-01 PharmoPack Repl Lower Unit, Un Serial Number 15740635 Pharmacy Product ID 166-02 PHACTS NUIC Workstation FG Contract Period: Option 3 POP Begin: 10-01-2023 POP End: 09-30-2024

HOSPITAL 1310 24TH AVENUE SOUTH, NASHVILLE, TN 37212

Serial Number 43225275 Product ID 165-16 Packager Pharmopack W/405 Serial Number 15740635 Pharmacy Product ID 166-02 PHACTS NUIC Workstation FG Contract Period: Option 3

HOSPITAL 3400 LEBANON ROAD, MURFREESBORO, TN 37129

Serial Number 43225276 Product ID 130995-002 Kit, Implement, Pharmopack Serial Number 43225277 Product ID 130986-01 PharmoPack Repl Lower Unit, Un Serial Number 15740635 Pharmacy Product ID 166-02 PHACTS NUIC Workstation FG Contract Period: Option 3

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

POP Begin: 10-01-2023

VAMC HOSPITAL 3400 LEBANON ROAD, MURFREESBORO, TN

37129

Serial Number 43225275 Product ID 165-16 Packager Pharmopack W/405 Serial Number 15740635 Pharmacy Product ID 166-02 PHACTS NUIC Workstation FG Contract Period: Option 3

HOSPITAL 1310 24TH AVENUE SOUTH, NASHVILLE, TN 37212

Serial Number 43225276 Product ID 130995-002 Kit, Implement, Pharmopack Serial Number 43225277 Product ID 130986-01 PharmoPack Repl Lower Unit, Un Serial Number 15740635 Pharmacy Product ID 166-02 PHACTS NUIC Workstation FG Contract Period: Option 4 POP Begin: 10-01-2024 POP End: 09-30-2025

HOSPITAL 1310 24TH AVENUE SOUTH, NASHVILLE, TN 37212

Serial Number 43225275 Product ID 165-16 Packager Pharmopack W/405 Serial Number 15740635 Pharmacy Product ID 166-02 PHACTS NUIC Workstation FG Contract Period: Option 4

HOSPITAL 3400 LEBANON ROAD, MURFREESBORO, TN 37129

Serial Number 43225276 Product ID 130995-002 Kit, Implement, Pharmopack Serial Number 43225277 Product ID 130986-01 PharmoPack Repl Lower Unit, Un Serial Number 15740635 Pharmacy Product ID 166-02 PHACTS NUIC

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Workstation FG Contract Period: Option 4 POP Begin: 10-01-2024

VAMC HOSPITAL 3400 LEBANON ROAD, MURFREESBORO, TN

37129

Serial Number 43225275 Product ID 165-16 Packager Pharmopack W/405 Serial Number 15740635 Pharmacy Product ID 166-02 PHACTS NUIC Workstation FG Contract Period: Option 4

GRAND TOTAL __________________

SECTION C - CONTRACT CLAUSES

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

(OCT 2018)

(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 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 people 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 points 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 32.608-2 of the Federal Acquisition Regulation 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; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

(End of Clause)

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

ITEMS

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

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

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

FAR

Number

Title Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

JUN 2020

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON

POSTCONSUMER FIBER CONTENT PAPER

MAY 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

JUL 2016

52.232-18 AVAILABILITY OF FUNDS APR 1984

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

(End of Clause)

DEC 2013

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause)

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR

2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years 6 months.

(End of Clause)

C.5 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR

(APR 1984)

Funds are not presently available for performance under this contract beyond . The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made.

No legal liability on the part of the Government for any payment may arise for performance under this contract beyond , until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of Clause)

C.6 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.]

[] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[X] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set- Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[X] 852.233–70, Protest Content/Alternative Dispute Resolution.

[X] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[X] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

C.7 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING

AND COMPLIANCE (JUL 2018)

(a) This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran- Owned Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause)

C.8 VAAR 852.237-75 KEY PERSONNEL (OCT 2019)

The key personnel specified in this contract are considered to be essential to work performance. At least 30 days prior to the Contractor voluntarily diverting any of the specified individuals to other programs or contracts the Contractor shall notify the Contracting Officer and shall submit a justification for the diversion or replacement and a request to replace the individual. The request must identify the proposed replacement and provide an explanation of how the replacement’s skills, experience, and credentials meet or exceed the requirements of the contract. If the employee of the Contractor is terminated for cause or separates from the contractor voluntarily with less than thirty days notice, the Contractor shall provide the maximum notice practicable under the circumstances. The Contractor shall not divert, replace, or announce any such change to key personnel without the written consent of the Contracting Officer. The contract will be modified to add or delete key personnel as necessary to reflect the agreement of the parties.

(End of Addendum to 52.212-4)

C.9 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS

(JUN 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of…