36C24926Q0230-LabCourierService-MtHomeVAMC.pdf

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Lab Courier Services- JHQVAMC
Solicitation number
36C24926Q0230
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This document is a Standard Form 1449 Solicitation/Contract/Order for Commercial Products and Commercial Services issued by the Department of Veterans Affairs (VA), Network Contracting Office 9 in Murfreesboro, Tennessee.

The solicitation seeks laboratory courier transportation services for the James H. Quillen VA Medical Center (JHQVAMC) and its 14 outpatient clinic locations across Tennessee and Virginia. The contract is a firm-fixed-price indefinite-delivery/indefinite-quantity (IDIQ) acquisition set aside 100% for Service-Disabled Veteran-Owned Small Businesses (SDVOSB) under NAICS code 492110. The solicitation number is 36C24926Q0230, issued May 27, 2026, with offers due June 9, 2026 at 11:00 AM ET. Award is anticipated seven business days after the offer due date. The contract performance period runs July 1, 2026 through June 30, 2031 with a single five-year base term. The contractor must provide pickup and delivery of laboratory specimens (blood, urine, biopsies, cultures), interoffice mail, and office supplies/equipment to multiple VA clinics on established schedules, Monday through Friday excluding federal holidays. Service locations include facilities in Mountain Home, Bristol, Sevierville, Knoxville, and other areas within the region. The Performance Work Statement requires temperature and humidity-controlled vehicles (66-72°F, 20-60% relative humidity), chain-of-custody documentation, HIPAA and OSHA compliance training, personnel background checks, and backup personnel for service continuity. Invoices shall be submitted electronically every two weeks with payment via electronic funds transfer. Evaluation criteria are price, technical capability, and past performance, with award to the responsible offeror providing best value to the Government.

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PAGE 1 OF 1. REQUISITION NO.

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

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

TIME

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

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

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C24926Q0230 05-27-2026 sascha.hertslet@va.gov 615-225-6664 06-09-2026 11:00am ET

90c Department of Veterans Affairs Network Contracting Office 9

1639 Medical Center Parkway, Suite 204 Murfreesboro TN 37129

X 100

X

492110

1500 Employees

N/A

James H. Quillen VA Medical Center and Outpatient clinics

See Delivery Schedule for details

90C

Department of Veterans Affairs Network Contracting Office 9 1639 Medical Center Parkway Suite 204 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

This solicitation is in accordance with (IAW) Federal Acquisition Regulation (FAR) part 12.201 conducted as a Service-Disabled Veteran-Owned Small Business (SDVOSB) set-aside IAW FAR part 19.106-2.

Contract type to be awarded is "Firm-fixed Price."

Request for Quote (RFQ) Type: "All-or-none" single award.

Questions due 12pm ET two business days before offer due date.

Award anticipated 7 business days after offer due date.

The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition.

See CONTINUATION Page

SASCHA HERTSLET

VA-VHA-RPOC-2024-0059

36C24926Q0230

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 Performance Work Statement (PWS)

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

B.4 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

C.2 52.216-18 ORDERING (AUG 2020)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.4 52.216-21 REQUIREMENTS (OCT 1995)

C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.6 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS

(APR 2026) (DEVIATION)

C.7 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR

1984)

C.8 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

C.7 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.9 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

C.10 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.11 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

C.12 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.13 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (OCT 2025) (DEVIATION FEB 2025)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES - TAILORED

E.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.3 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)

E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.5 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS

AND CERTIFICATIONS (NOV 2025) (DEVIATION)

E.6 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.8 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.9 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION

FEB 2025)

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 Department of Veterans Affairs Network Contracting Office 9

1639 Medical Center Parkway, Suite 204 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:

[X] Every Two Weeks

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.

See box 18a.

https://www.fsc.va.gov/fsc/einvoice.asp

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO DATE

B.2 Performance Work Statement (PWS)

1. General Information

1.1 Background

The Department of Veterans Affairs (VA) requires professional courier services between James H.

Quillen VA Medical Center (JHQVAMC), and its outpatient clinics. Services must support continuity of patient care while maintaining compliance with federal, state, local, and accreditation requirements.

The Contractor shall provide all personnel, supervision, vehicles, equipment, supplies, licenses, permits, and management necessary to perform laboratory courier services as described in this Performance Work Statement (PWS).

1.2 Scope

The Contractor shall provide non-personal scheduled courier transportation services for biological specimens and related medical materials, inter-office mail, and misc. equipment and supplies. Services include pickup, transport, tracking, and delivery while ensuring specimen and property integrity, chain of custody, and compliance with applicable regulatory standards.

1.3 Service Contract Requirement

Contractor shall provide hourly wages in accordance with U.S. Department of Labor Wage Determinations and FAR Subpart 22.10 (Service Contract Labor Standards) including Health and Welfare Benefits under the following applicable position: 31043 Driver Courier

2. Applicable Documents and Regulations The Contractor shall comply with the latest editions of all applicable regulations and standards, including but not limited to:

• Department of Veterans Affairs (VA) policies and directives

• Clinical Laboratory Improvement Amendments (CUA)

• Health Insurance Portability and Accountability Act (HIPAA)

• Occupational Safety and Health Administration (OSHA)

• Centers for Disease Control and Prevention (CDC) guidelines

• Department of Transportation (DOT) hazardous materials regulations

• College of American Pathologists (CAP) standards

• Joint Commission standards

• Federal Acquisition Regulation (FAR)

• VA Handbook 6500 (Information Security)

3. Definitions

• CBOC: Community Based Outpatient Clinic

• CDC: Centers for Disease Control and Prevention

• CDR: Contract Discrepancy Report

• Contracting Officer (CO) – The person executing this contract on behalf of the Government with the authority to enter and administer contracts and make related changes, modifications, and determinations and findings.

• Contracting Officer’s Representative (COR) – A person appointed by the CO to take necessary action to ensure the Contractor performs in accordance with and adheres to the specifications contained in the contract and to protect the interest of the Government. The COR shall report to the CO promptly any indication of non-compliance in order that appropriate action can be taken. The COR does not possess authority to modify contract terms or authorize changes affecting price, scope, or schedule.

• CPARS: Contractor Performance Assessment Reporting System, which is the official Government reporting system for Contractor past performance on awards.

• DOT: U.S. Department of Transportation

• HIPAA: Health Insurance Portability and Accountability Act

• OSHA: U.S. Occupational Health and Safety Administration

• PHI: Protected Health Information - Information relating to a patient´s condition, the past, present, or future provision of healthcare, or payment thereof.

• PII: Personally Identifiable Information - information that can directly or indirectly identify a person. Direct identifiers, such as a full name, social security number, or passport number, can identify someone on their own. Indirect identifiers, like birth date, ZIP code, or gender, may not identify a person individually but can do so when combined with other data

• POP: Period of Performance

• QASP: Quality Assurance Surveillance Plan

• Routine Delivery: Recurring deliveries occurring on established schedules.

• Specimen: Any biological material collected for diagnostic, research, or treatment purposes.

• VA: Veteran Administration, Department of Veteran Affairs

• PWS: Performance Work Statement

4. Performance Requirements

4.1 General Requirements

The Contractor shall:

1. Provide reliable courier transportation services during required operating hours.

2. Ensure timely pickup and delivery of specimens and materials.

3. Maintain government property integrity throughout transport.

4. Ensure personnel are trained and qualified.

5. Maintain communication capability with VA-designated personnel.

6. Provide backup personnel and vehicles to avoid service interruptions.

7. Comply with all federal, state, and local transportation regulations.

4.2 Service Locations

1. James H. Quillen VAMC Laboratory, Room SA 107, BLDG 77, Dogwood Avenue, Mountain Home, TN 37684 – [MTH LAB]

2. VA CLINIC BRISTOL -3130 Lee Highway, Preston Square, Suite 201

Bristol, VA 24202-5943 [BRISTOL]

3. DANNIE A CARR OUTPATIENT CLINIC -1124 Blanton Drive, Sevier County Center, Suite 100

Sevierville, TN 37862-5049 [SEVIERVILLE]

4. MOUNTAIN CITY VA CLINIC - 1141 Cold Springs Road

Mountain City, TN 37683-4032 [MTN CITY]

5. MORRISTOWN VA CLINIC - 226 Euclid Avenue, Suite A

Morristown, TN 37813-2418 [MORRISTOWN]

6. ROGERSVILLE VA CLINIC - 401 Scenic Drive, Suite 201

Rogersville, TN 37857-2466 [ROGERSVILLE]

7. VANSANT VA CLINIC - 1941 Lover's Gap Lane, Suite A

Vansant, VA 24656-9998 [VANSANT]

8. VA CLINIC NORTON -654 Highway 58 East

Norton, VA 24273-3002 [NORTON]

9. CAMPBELL COUNTY VA CLINIC - 130 Independence Lane, Suite 300 LaFollette, TN 37766-3031 [LAFOLLETTE]

10. KNOX WEST VA CLINIC - 1612 Downtown West Boulevard Knoxville, TN 37919-5408 [ANNEX 3]

11. DOWNTOWN WEST VA CLINIC - 1521 Downtown West Boulevard Knoxville, TN 37919-5458 [ANNEX 2]

12. KINGSTON PIKE VA CLINIC - 8401 Kingston Pike Knoxville, TN 37919 [KNOX DENTAL]

13. WILLIAM C TALLENT OUTPATIENT CLINIC -8033 Ray Mears Boulevard Knoxville, TN 37919-5458 [KNOX OPC]

14. JONESVILLE VA CLINIC - 32613 Wilderness Road, Suite 101 Jonesville, VA 24263 [JONESVILLE]

4.3 Hours of Operation

• Routine Operations: The Contractor shall provide services Monday through Friday, excluding federal holidays, unless otherwise specified.

• See Delivery Schedule for specific days and times.

• STAT and After-Hours/Emergency Services: Not applicable.

4.4 Items to Transport

• Laboratory specimens such as but not limited to surgical Instruments and trays weighing 3 to 6 lbs.; Blood, Urine, Body Fluids and/or Biopsies, Viral Cultures, BPN Specimens, Influenza Screens.

These items will be enclosed on ice in a locked cooler.

• Interoffice mail, less than 5 lbs.;

• Basic office supplies, such as paper, files pencils, paperclips, etc. that do not exceed 25 lbs.

• Equipment does not exceed 75 lbs.

5. Contractor Responsibilities The Contractor shall provide all personnel, supervision, vehicles, equipment, supplies, licenses, permits, and management necessary to perform laboratory courier services as described in this Performance Work Statement (PWS).

5.1 Personnel

The Contractor shall:

• Employ qualified and properly trained personnel

• Ensure all personnel possess valid driver's license

• Conduct background checks in accordance with VA requirements

• Ensure employees maintain professional appearance and conduct

• Provide identification badges that are always visible while on VA property

Training Requirements Contractor personnel shall be trained in:

• HIPAA/privacy requirements

• OSHA standard 29 CFR 1910.1030 related to managing and mitigating Bloodborne pathogen and other potentially infectious materials exposure.

• Hazardous materials handling

• “Universal Precautions” in the handling of biohazard materials (specimens)

• Infection control procedures

• Chain-of-custody procedures

• Emergency response procedures

Training records shall be provided to the COR or CO upon request.

5.2 Vehicles and Equipment

The Contractor shall be responsible to maintain a temperature and humidity-controlled environment between 66-72 degrees Fahrenheit and relative humidity level between 20-60 percent in all vehicles or storage areas.

The Contractor’s couriers shall not leave vehicles in extreme heat or cold while specimens are being transported without continuous temperature and humidity control in operation.

The Contractor shall maintain the temperature and humidity log for every vehicle on every trip and submit the log to the COR for contract.

Lab specimens shall be maintained at 2 to 8 degrees Celsius with the use of adequate refrigerant packs (to be supplied by VA) for all deliveries of laboratory specimens or supplies.

Items must be kept out of contact with environmental hazards such as dust, snow, and rain.

The Contractor shall be responsible for failures by the Contractor’s personnel to ensure established environmental controls are maintained, and for any damage or deterioration of laboratory specimens.

The Contractor shall provide vehicles that:

• Are properly licensed and insured

• Are maintained in safe operating condition

• Include spill kits and biohazard containment materials

• Meet DOT requirements for medical specimen transport

The Contractor shall ensure transport containers:

• Prevent leakage or contamination

• Maintain required temperatures

• Are labeled in accordance with applicable regulations

• Protect specimens and equipment from damage, loss, or tampering

5.3 Pickup and Delivery Procedures

The Contractor shall provide vehicles that:

1. Adhere to established pickup and delivery schedules.

2. Pickups and deliveries cannot be completed more than 15 minutes from scheduled time.

a. If courier is earlier than schedule pick up time they must wait until scheduled time to depart from pickup location.

b. If courier is running late, the courier must contact the receiving location before the scheduled delivery and pickup time with an estimated time of arrival (ETA).

c. The lab department points of contact are to be notified daily by the vendor of any deliveries made outside of the scheduled time.

3. Obtain signatures or electronic confirmation at pickup and delivery locations.

4. Maintain documented chain-of-custody records.

Inclement weather: The vendor is expected to make all deliveries on time during inclement weather if VA facilities are open for business. In case a delivery cannot occur due to total road closures by Tennessee or Virginia DOT, the Vendor shall notify all CBOCs, VA laboratory staff and the COR. This notification must occur as early as possible to allow VA to notify Veteran patients that laboratory services or procedures need to be rescheduled.

5.4 Quality Control

The Contractor is responsible for quality control and performance compliance of its employees and subcontractors.

1. The Contractor shall develop and maintain a written quality control program that ensures courier services are performed in accordance with this PWS.

2. The Contractor shall develop and implement procedures to track, identify, prevent, and remedy and ensure non-recurrence of defective services.

3. The Contractor shall provide a written method to accept and resolve customer complaints and notify the customer of the resolution.

4. The Contractor shall develop and maintain an OSHA standard written Exposure Control plan.

5. The Contractor shall immediately notify the COR upon receipt of a customer complaint in order that joint validation may be accomplished.

5.5 Liability

The Contractor shall be responsible for failures by the Contractor’s personnel to ensure established environmental controls are maintained, and for any damage or deterioration of laboratory specimens.

Should specimens and/or transported items be lost, broken, or otherwise damaged, the Contractor shall be required to submit a preliminary summary incident report to the COR within 24-hours of the incident.

The Contractor shall provide a written incident report explaining the details of the incident; specifically, what caused the incident (who, what, where, when, and how) within 72-hours of the incident.

The Contractor shall be responsible for the replacement cost of any containers that are lost or damaged while in the Contractor’s custody.

The Contractor is responsible for all travel costs associated in the performance of this requirement

6. Performance Standards

Measures Performance

Requirement

Acceptable Quality Level

Surveillance

Method

1. Personnel Compliance Required training and credentials maintained

100% Random sampling (File Audit)

2. Equipment Compliance Reliable vehicle with appropriate carrying capacity and temperature controls

100% Direct observation (random inspection by COR)

3. Timely Pickups Pickup completed within scheduled window

No more than two late or missed pickups every two weeks

Random sampling (Logbook Review)

Measures Performance

Requirement

Acceptable Quality Level

Surveillance

Method

4. Timely Delivery Delivery completed within required timeframe

No more than two late or missed deliveries every two weeks

Random sampling (Logbook Review)

5. User/Customer Complaints

Contractor has a plan in place for handling complaints, and all complaint responses are submitted to the COR or CO within two (2) business days of complaint referral

100% Verification provided by Contractor/Validated user and customer complaints (response and documentation from Contractor)

6. Specimen Temperature and Humidity controls

IAW PWS 100% Direct observation (Random inspection by COR and Review of Logbook)

7. Documentation Accuracy

Accurate Chain-of-Custody records

100% Direct observation (Record/Logbook Review)

8. Cross Contamination Measures

Contractor shall ensure compliance

100% Random sampling (Random inspection by COR and Review of Logbook)

9. Communication IAW PWS 95% Direct Observation

If Contractor performance does not meet the Acceptable Quality level, the CO shall inform the Contractor. This will normally be in writing unless circumstances necessitate verbal communication. In any case the CO shall document the discussion and place it in the contract file. When the COR and the CO determine formal written communication is required, the COR shall prepare a Contract Discrepancy Report (CDR), and present it to CO. The CO will in turn review and will present to the Contractor's program manager for corrective action.

The Contractor shall acknowledge receipt of the CDR in writing. The CDR will specify if the Contractor is required to prepare a corrective action plan to document how the Contractor shall correct the unacceptable performance and avoid a recurrence. The CDR will also state how long after receipt the Contractor is required to present this corrective action plan to the CO. The Government shall review the Contractor's corrective action plan to determine acceptability.

The CO is ultimately responsible for the final determination of the adequacy of the Contractor’s performance and the acceptability of the Contractor’s corrective action plan. Any CDRs may become a part of the supporting documentation for any contractual action deemed necessary by the CO or for purposes of reporting Contractor past performance on CPARS.

Repeated failure to meet performance standards may result in:

Corrective action requests

• Corrective action requests

• Negative CPARS

• Invoice deductions

• Termination for cause/default

7. Quality Assurance Surveillance Plan (QASP) The Government will evaluate contractor performance through:

• Random inspections

• Review of delivery logs

• Customer complaints

• Incident reports

• Monthly performance reviews

• Verification of training and certifications Failure to meet performance standards may result in corrective action requests or other contractual remedies.

8. Government Responsibilities The government shall ensure:

1. Specimens are packed in cooler(s) by CBOC or ROC staff. The coolers will have a temperature monitor, be sealed with a zip tie, and be ready for courier pick-up each day at the designated pick-up time.

2. A minimum of one week’s written notification will be given to the Contractor for all changes in date or location.

3. Mail is enclosed in a locked mail bag

4. Laboratory supplies such as but not limited to test kits, supplies for collection of specimens, and any supply or consumable necessary for the lab to function doesn’t exceed 25 pounds in weight.

5. Equipment to support the function of the lab does not exceed 75 pounds in weight.

6. It reserves the right to refuse acceptance of any Contractor personnel at any time after performance begins, if personal or professional conduct jeopardizes patient care or interferes with the regular and ordinary operation of the facility. Breaches of conduct include intoxication or debilitation resulting from drug use, theft, patient abuse, dereliction or negligence in performing directed tasks, or other conduct resulting in formal complaints by patient or VA staff members to designated Government representatives.

7. The CO and COR shall address issues raised concerning Contractor’s personnel and performance directly with the Contractor. The final arbiter on questions of acceptability is the CO.

9. Security Requirements Information Technology (IT) security certification and accreditation (C&A) requirements do not apply, and a Security Accreditation Package is not required.

The Vendor must adhere to the provisions of Public Law 104-191, Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the National Standards to Protect the Privacy and Security of Protected Health Information (PHI).

In addition, all VA security policies and applicable confidentiality statues such as 38 U.S.C. §5701 (VA Claims Confidentiality), 38 U.S.C. §5705 (Confidentiality of Healthcare Quality Assurance Review Records), 38 U.S.C. §7332 (Confidentiality of certain medical records), as well as 45 C.F.R. Parts 160, 162, and 164 (Health Insurance Portability and Accountability Act) should be followed.

HIPAA provides a “conduit exception” for entities whose sole function is to transport information or physical items containing information, but who do not access it other than on a random or infrequent basis as necessary to the delivery service.

Reference: https://www.hhs.gov/hipaa/for-professionals/faq/business-associates/index.html

Since protected PHI/PII mail will be in a locked bag and specimens will be in a cooler with a zip tie securing them. When a courier’s role is limited to transporting (not accessing, viewing, or otherwise interacting with) PHI, a business associate agreement (BAA) with the courier is not required.

Couriers (e.g., FedEx, UPS, local transport services, including individuals) who simply transport PHI (such as lab specimens, medical records, or x-rays) without accessing or processing the information, are not considered business associates under HIPAA.

Contractor personnel are required to complete VA Privacy Awareness Training. Training can be accessed through the EES website, https://www.ees-learning.net/.

10. Reports and Deliverables The Contractor shall be responsible for the accuracy and completeness of all reports and other documents as well as the timely submission of each.

All reports and deliverables are to be sent by electronic mail unless otherwise specified by the CO or

COR.

The following are brief descriptions of required documents that must be submitted by Contractor to the

COR:

What Submit as noted Contractor Vehicle list of make/model, and license plates

Within five (5) business days after award

Contractor driver names, states of licensure and identified as an employee or 1099-contractor

Within five (5) business days after award

Changes to Contingency plan Within five (5) business days after award For Background Investigations and Special Agreement Checks, complete forms provided by CO/COR

Within five (5) business days after award

Insurance Certificate Within five (5) business days after award Changes to Quality Control Plan Within 10 business days after award OSHA standard written Exposure Control plan Within 10 business days after award Proposed Updates to Delivery Routes Within five (5) business days of effective date of proposed change Completion of Required Training Within five (5) business days after receiving notice to proceed on cleared Vendor personnel from CO

-END OF PWS-

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.hhs.gov%2Fhipaa%2Ffor-professionals%2Ffaq%2Fbusiness-associates%2Findex.html&data=05%7C02%7C%7Cac3e1acd5e0c4616404d08deb1ca5ffc%7Ce95f1b23abaf45ee821db7ab251ab3bf%7C0%7C0%7C639143679919657070%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=7325hyK90pANiR%2FzhMR0MWTMWgWRLsicjHNQ%2F68U27I%3D&reserved=0 https://www.ees-learning.net/

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

PRODUCT/SERVICE CODE: R602 - Support - Administrative: Courier/Messenger.

ITEM

NO.

DESCRIPTION OF

SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

ORDERING PERIOD 1: JULY 1, 2026 THROUGH JUNE 30, 2027

250.00 TRP _______________ _________________

PICK-UP AND DELIVERY BETWEEN SEVIERVILLE CBOC AND MTH LAB.

PICK-UP AND DELIVERY BETWEEN BRISTOL CBOC AND MTH LAB

PICK-UP AND DELIVERY BETWEEN MORRISTOWN CBOC AND MTH LAB.

250.00 TRP ______________ _________________

PICK-UP AND DELIVERY BETWEEN NORTON CBOC AND MTH LAB

250.00 TRP ______________ ________________

PICK-UP AND DELIVERY BETWEEN ROGERSVILLE CBOC AND MTH LAB.

155.00 TRP _______________ _________________

PICK-UP AND DELIVERY BETWEEN JONESVILLE CBOC AND MTH LAB.

100.00 TRP ______________ _________________

PICK-UP AND DELIVERY BETWEEN VANSANT CBOC AND MTH LAB

250.00 TRP _______________ ________________

PICK-UP AND DELIVERY BETWEEN MOUNTAIN CITY CBOC AND MTH LAB.

PICK-UP AND DELIVERY BETWEEN KNOX OPC AND MTH LAB

PICK-UP AND DELIVERY BETWEEN LAFOLLETTE AND KNOX OPC

PICK-UP AND DELIVERY BETWEEN ANNEX 3 AND KNOX OPC.

PICK-UP AND DELIVERY BETWEEN ANNEX 2 AND KNOX OPC.

PICK-UP AND DELIVERY BETWEEN KNOX DENTAL AND KNOX OPC.

ORDERING PERIOD 2: JULY 1, 2027 THROUGH JUNE 30, 2028

251.00 TRP _______________ ________________

251.00 TRP _______________ _________________

PICK-UP AND DELIVERY BETWEEN ROGERSVILLE CBOC AND MTH LAB

PICK-UP AND DELIVERY BETWEEN JONESVILLE CBOC AND MTH LAB

101.00 TRP _______________ _________________

PICK-UP AND DELIVERY BETWEEN ANNEX 3 AND KNOX OPC

PICK-UP AND DELIVERY BETWEEN ANNEX 2 AND KNOX OPC

PICK-UP AND DELIVERY BETWEEN KNOX DENTAL AND KNOX OPC

ORDERING PERIOD 3: JULY 1, 2028 THROUGH JUNE 30, 2029

249.00 TRP _______________ _________________

PICK-UP AND DELIVERY BETWEEN NORTON CBOC AND MTH LAB.

PICK-UP AND DELIVERY BETWEEN JONESVILLE CBOC AND MTH LAB

103.00 TRP _______________ _________________

PICK-UP AND DELIVERY BETWEEN VANSANT CBOC AND MTH LAB.

249.00 TRP _______________ ________________

ORDERING PERIOD 4: JULY 1, 2029 THROUGH JUNE 30, 2030

PICK-UP AND DELIVERY BETWEEN SEVIERVILLE CBOC AND MTH LAB

PICK-UP AND DELIVERY BETWEEN BRISTOL CBOC AND MTH LAB.

PICK-UP AND DELIVERY BETWEEN NORTON CBOC AND MTH LAB.

151.00 TRP _______________ _________________

102.00 TRP _______________ _________________

PICK-UP AND DELIVERY BETWEEN ANNEX 3 AND KNOX OPC.

ORDERING PERIOD 5: JULY 1, 2030 THROUGH JUNE 30, 2031

PICK-UP AND DELIVERY BETWEEN MORRISTOWN CBOC AND MTH LAB

PICK-UP AND DELIVERY BETWEEN ROGERSVILLE CBOC AND MTH LAB.

152.00 TRP _______________ _________________

102.00 TRP _______________ _________________

GRAND TOTAL _________________

B.4 DELIVERY SCHEDULE

CLIN START PICKUP TIME STOP DROP

TIME

1 SEVIERVILLE MON - FRI, 4pm (except Government Holidays) MTH LAB 6PM-8PM

2 BRISTOL MON - FRI, 4:30pm (except Government Holidays) MTH LAB 6PM-8PM

3 MORRISTOWN MON - FRI, btwn 3:30pm & 4pm (except Government Holidays)

MTH LAB 6PM-8PM

4 NORTON MON - FRI, btwn 3:30pm & 4pm (except Government Holidays)

MTH LAB 6PM-8PM

5 ROGERSVILLE MON - FRI, btwn 3:30pm & 4pm (except Government Holidays)

MTH LAB 6PM-8PM

6 JONESVILLE TUES, WED, & THUR, 3pm (except Government Holidays)

MTH LAB 6PM-8PM

7 VANSANT WED & FRI, 2:15pm (except Government Holidays) MTH LAB 6PM-8PM

8 MTN CITY MON - FRI, btwn 3:30pm and 4:00pm (except Government Holidays)

MTH LAB 6PM-8PM

9 KNOX OPC MON - FRI, 4pm (except Government Holidays) MTH LAB 6PM-8PM

10 LAFOLLETTE MON - THUR, 2pm & FRI, 2:30pm (except Government Holidays)

KNOX OPC 4PM

11 ANNEX 3 MON-FRI, 3:50pm (except Government Holidays) KNOX OPC 4PM

12 ANNEX 2 MON-FRI, 3:40pm (except Government Holidays) KNOX OPC 4PM

13 KNOX DENTAL MON-FRI, 2:45pm (except Government Holidays) KNOX OPC 4PM

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered;

and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212- 5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

(End of Clause)

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

PRODUCTS AND COMMERCIAL SERVICES

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

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

C.2 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 7/1/2026 through 6/30/2031.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of Clause)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 3000 TRIPS, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of 3000 TRIPS;

(2) Any order for a combination of items in excess of 3000 TRIPS; or

(3) A series of orders from the same ordering office within 180 calendar days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 30 calendar days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.4 52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services…

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