36C25020Q0521 RADIOPHARMACEUTICAL RFQ.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 63

553-20-2-089-0028

36C25020Q0521 04/09/2020

Stacy Massey (734) 222-4330 04/17/2020

5:00pm EST

36C250

Department of Veterans Affairs

Network Contracting Office (NCO) 10

3140 Governor’s Place Blvd. Suite 210

Kettering OH 45409-1337

X

325412

1250 Employees

N/A

X

36C553

Department of Veterans Affairs

John D. Dingell VA Medical Center

Nuclear Medicine Hot Laboratory, C3503

4646 John R Street

Detroit MI 48201

36C250

3140 Governors Place Blvd. Suite 210

FMS-VA-2(101)

Financial Services Center

PO Box 149971

Austin TX 78714-9971

See CONTINUATION Page

See CONTINUATION Page

X X

36C25020Q0521

Table of Contents

SECTION A

A.1 CONTRACT ADMINISTRATION DATA

A.2 SPECIAL NOTES…………………………………………………………………………..5

A.3 EVALUATION/BASIS OF AWARD……………………………………………………….5

A.4 PRICE/COST SCHEDULE

A.5 DELIVERY SCHEDULE

SECTION B

B.1 PERFORMANCE WORK STATEMENT…………………………………………………8

B.2 PRICING DATA…………………………………………………………………………...11

B.3 PRODUCTCHANGES/MODIFICATION………………………………………………..11

B.4 EXTENT OF OBLIGATION………………………………………………………………11

B.5 PERIOD OF PERFORMANCE………………………………………………………….11

B.6 FEDERAL HOLIDAYS……………………………………………………………………11

SECTION C – CONTRACT CLAUSES

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

2018)

C.2 52.216-18 ORDERING (OCT 1995)

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

C.4 52.216-21 REQUIREMENTS (OCT 1995)

C.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.6 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

C.7 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 19

C.8 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.9 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

C.10 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-

OWNED SMALL BUSINESS EVALUATION FACTORS (OCT 2019)

C.11 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)

C.12 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND

COMPLIANCE (JUL 2018)

C.13 VAAR 852.223-71 SAFETY AND HEALTH (SEP 2019)

C.14 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

C.15 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

C.16 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

C.17 VAAR 852.247-72 MARKING DELIVERABLES (OCT 2018)

C.18 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN

2008)

C.19 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.20 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (OCT 2019)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 SCHEDULE OF SUPPLIES ANNUAL FEE SCHEDULE………………………...…..36

36C25020Q0521

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)

E.3 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT

(AUG 2019)

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

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

E.6 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

E.7 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.9 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.10 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (DEC 2019)

36C25020Q0368

SECTION A

A.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR: __________________________________

b. GOVERNMENT: Kellie Konopinski, Contracting Officer Kellie.Konopinski@va.gov

3140 Governor’s Place Blvd. Suite 210

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] Upon Government Acceptance

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971

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

AMENDMENT NO DATE

mailto:Kellie.Konopinski@va.gov

A.2 SPECIAL NOTES

A single award indefinite delivery requirements contract is being contemplated. It is anticipated the period of performance will include a base 12-month period and two (2) 12-month option periods. The quantities of supplies and services specified in the Schedule are estimates only and will not be purchased by the awarded contract.

A.3 EVALUATION/BASIS OF AWARD

This is a commercial item acquisition conducted under the authority of FAR Part 12 Acquisition of Commercial Items and FAR Part 13 Simplified Acquisition Procedures. The Government anticipates awarding a requirements contract resulting from this solicitation to the responsible contractor whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotes: technical and quality control requirements, past performance and price.

Prospective contractors must submit the following information with their quotes to ensure they receive full consideration. Failure to do so may render a proposal unacceptable.

1. Completed attached D.1 - SCHEDULE OF SUPPLIES ANNUAL FEE SCHEDULE

2. Documentation of a radioactive materials license issued by the National Radioactive

Commission (NRC) or Agreement state that allows shipping of radioactive materials to nuclear medicine providers in the state of Michigan.

3. Documentation that all contract nuclear pharmacists associated with this contract possess a current license in the state of Michigan and are in good standing with the Board of Pharmacy.

4. If the quote is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation.

Contractor that fail to furnish required representations or information or reject the terms and conditions of the solicitation may be excluded from consideration.

A.4 PRICE/COST SCHEDULE

1. DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY: There will be no minimum quantity or order value per Delivery/Task Order. The minimum contract value will be $10,000.00 and the maximum contract value will be determined prior to award.

2. MAXIMUM CEILING AMOUNT: The maximum ceiling amount will be the estimated aggregate value of the base period and option periods. The maximum ceiling amount can increase based on an anticipated increase in usage. A delivery/task order may not increase the maximum value of the contract; only a modification to the basic contract can increase the maximum ceiling.

3. ITEM INFORMATION:

ITEM

DESCRIPTION OF

SUPPLIES/SERVICES QTY UNIT UNIT PRICE AMOUNT

12.00 MO

REQUIREMENTS CONTRACT BASE PERIOD - IN ACCORDANCE

WITH CONTRACT TERMS AND CONDITIONS AND

PERFORMANCE WORK STATEMENT. REFER TO SCHEDULE

OF SUPPLIES AND ATTACHED FEE SCHEDULE.

Contract Period: Base POP Begin: 05-01-2020 POP End: 04-30-2021

REQUIREMENTS CONTRACT OPTION YR ONE - IN

ACCORDANCE WITH CONTRACT TERMS AND CONDITIONS

AND PERFORMANCE WORK STATEMENT. REFER TO

SCHEDULE OF SUPPLIES AND ATTACHED FEE SCHEDULE.

Contract Period: Option 1 POP Begin: 05-01-2021 POP End: 04-30-2022

REQUIREMENTS CONTRACT OPTION YR TWO - IN

ACCORDANCE WITH CONTRACT TERMS AND CONDITIONS

AND PERFORMANCE WORK STATEMENT. REFER TO

SCHEDULE OF SUPPLIES AND ATTACHED FEE SCHEDULE.

Contract Period: Option 2 POP Begin: 05-01-2022 POP End: 04-30-2023

GRAND TOTAL

A.5 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY

DELIVERY

DATE

Base Period

Deliver to: Department of Veterans Affairs John D. Dingell VA Medical Center Consignment Inventory Closet 4646 John R. Street Detroit, MI 48201

As referenced in A.2 Price/Cost Schedule

Period of Performance

05/01/2020 through 04/30/2021

Option Period One

As referenced in A.2 Price/Cost Schedule

Period of Performance

05/01/2021 through 04/30/2022

Option Period Two

As referenced in A.2 Price/Cost Schedule

Period of Performance

05/01/2022 through 04/30/2023

SECTION B – GENERAL TERMS

B.2 PERFORMANCE WORK STATEMENT

1. SCOPE: Contractor shall furnish (including packaging, transportation, manifests, and reports) all radiopharmaceuticals listed in the schedule of supplies to the John D. Dingell VA Medical Center, Nuclear Medicine Hot Laboratory, Rm. C3503, 4646 John R Street, Detroit, MI 48201 in accordance with the contract terms and conditions and performance work statement.

2. SCHEDULE OF SUPPLIES: The quantities of supplies and services specified in the Schedule are estimates only.

Product Name

Estimated Annual Usage Unit

1 Ga67 Citrate - 5mCi 5 dose

2 Ga67 Citrate - 9mCi 5 dose

3 In111 WBC - 500uCi 10 dose

4 In111 DTPA -1.5 mCi vial 1 vial

5 I123 NAI Caps: 2 caps @ 100uCi/cap - 200 uCi Total 25 dose

6 I123 NAI Caps: 1 caps @ 200uCi/caps - 200 uCi Total 25 dose

7 I131 Therapy Caps - 8-10mCi 10 dose

8 I131 Therapy Caps - 10-100 mCi 20 dose

9 I131 Diag. Caps - 5 mCi 30 dose

10 I131 Diag. Caps - 100uCi 1 dose

11 Tl201 Chloride - 1.0mCi 3 dose

12 Tl201 Chloride - 3.5mCi 3 dose

13 Xe133 Gas - 10mCi 50 dose

14 Xe133 Gas - 20mCi 50 dose

15 Tc99m MDP - 20mCi 400 dose

16 Tc99m Sulfur Colloid - 2mCi 50 dose

17 Tc99m Sulfur Colloid - 5mCi 5 dose

18 Tc99m DTPA - 15mCi 10 dose

19 Tc99m Disofenin - 5mCi 20 dose

20 Tc99m Disofenin - 8mCi 5 dose

21 Tc99m MAA - 5mCi 20 dose

22 Tc99m HMPAO for Brain Imaging - 30mCi 5 dose

23 Tc99m HMPAO for WBC Labeling - 30mCi 10 dose

24 Tc99m Pertechnetate - 30mCi 25 dose

25 Tc99m MAG3 - 10mCi 10 dose

26 In 111 Octreoscan - 6mCi 10 dose

27 Tc99m Sestamibi - 10 mCi 2 dose

28 Tc99m Sestamibi - 30 mCi 220 dose

29 Tc99m Sodium Pertechnetate - mCi 220 dose

30 Tc99m Mebrofenin 25 dose

31 In-111 Oxine Vial 25 vial

32 Iobenguane I-123 (Adreview) UD - 10 mCi/Unit Dose 1 dose

33 Tc99M Pyrophosphate (PYP) - 25 mCi/Unit Dose 1 dose

UNLABELED KITS

35 Pyrophosphate 25 kit

36 MAA 2 kit

37 Mebrofenin 2 kit

38 MDP 2 kit

39 Sulfur Colloid 2 kit

40 DTPA 2 kit

41 UltraTag 25 kit

42 Sincalide (CCK) 10 kit

42 Sterile Water 10

EMERGENCY DELIVERY FEE

43 Working Hours 25 each

44 After Hours & Weekends 25 each

3. GENERAL TERMS AND CONDITIONS:

a. The Contractor shall provide emergency deliveries as requested by the VA Nuclear Medicine Department. The contractor should be able to provide delivery within one (1) hour during normal working hours. If 1-hour delivery is not possible, the contractor will inform the Nuclear Medicine technician at the time the order is placed. The Contractor should be able to provide delivery within two (2) hours after normal working hours. The two (2) hour delivery time includes any order placed after normal working hours, weekends, and Federal holidays. If 2-hour delivery is not possible, the contractor will inform the Nuclear Medicine technician at the time the order is placed.

b. The Contractor will always have staff members with clinical expertise available to assist with clinical questions, formulary review, or other informational requirements as needed.

c. The Contractor will provide a process for direct phone contact to the contract

Radiopharmacist to assist in resolving problems in the use of the radiopharmaceuticals at no additional cost to the government.

d. The Contractor will be required to label all products delivered as to the Unit and activity of radiopharmaceutical, time of preparation, expiration time and date, and name of person(s) drawing the unit dose. Products prepared by the contractor shall be within the expiration time after reconstitution recommended by the manufacturer. A minimum of ½ of the expiration period must remain on the dated material. This applies to unmade kits only.

e. Shipments must be labeled in accordance with all Federal, State and Local laws. A packing list must accompany all shipments and indicate date of shipment, contract number, purchase order number, items and quantities shipped. There will be no additional charges added for shipping and/or special handling.

f. All delivery couriers must park in the loading dock on Hancock and Brush. The courier must call extension 63375 from the telephone inside the building and stand-by until Police Staff arrive. The courier will be escorted to the Nuclear Medicine Department by Police Staff. Deliveries will be made to the Nuclear Medicine Hot Laboratory, Rm. C3503

g. The Contractor will accept returns of up to 5% Unit Dose products for full credit, provided the doses are unopened, unused, and shrink-wrapped. Any doses returned above this allowance will be billed as used doses. Contractor will be notified via fax or email of returnable doses prior to returning the product(s).

h. The Contractor will be responsible for disposing of all waste products to include, but not limited to, vials, needles, syringes, lead pigs, etc., in accordance with all Federal, State and Local laws. Contractor will pick up and dispose of all waste products at no additional cost to the government.

4. TECHNICAL REQUIREMENTS:

a. The Contractor will possess a radioactive materials license issued by the National Radioactive Commission (NRC) or Agreement state that allows shipping of radioactive materials to nuclear medicine providers in the state of Michigan.

b. All contract nuclear pharmacists associated with this contract must possess a current license in the state of Michigan and be in good standing with the Board of Pharmacy.

c. When required by law, all technicians will be licensed, certified or registered by the Board of Pharmacy in the state of Michigan.

d. Only FDA-approved commercially available products are prepared and dispensed rather than compounding the essentially identical drug formulation or purchasing a compounded formulation from a compounding facility. Note: Exceptions may apply for drug shortage situations.

e. All radiopharmaceutical compounding must meet the requirements of USP <795> and/or <797>.

5. QUALITY CONTROL REQUIREMENTS:

a. Products provided under this contract shall be in compliance with regulations and laws pertaining to the dispensing and administration of radiopharmaceuticals.

b. Contractor will meet NRC, Department of Transportation, FDA and all other agency rules and regulations (Federal and State).

c. Contractor shall cooperate fully into any investigation by the Government or any agency thereof, of agents provided under this contract. In the event of misadministration due to mislabeling or mis-calibration of agents by the contractor, the contractor will assume full legal responsibility.

6. MEDICATION ADMINISTRATION SAFETY REQUIREMENTS:

a. Prescription labels will be compliant with the Board of Pharmacy regulations, easy to read, and contain patient name when applicable.

b. The prescription label must distinguish between diagnostic and therapeutic radiopharmaceutical indications or procedures.

c. The prescription label will contain necessary special administration, storage, or precaution instructions (e.g., SQ, oral, use of in-line filter).

d. Medications must be stored according to the manufacturer’s recommendations or, in the absence of such recommendation, according to a pharmacist’s instruction.

7. HOURS OF OPERATION AND DELIVERY REQUIREMENTS:

a. VA Nuclear Medicine Department operates during normal business hours – Monday –

Friday, 8:00am – 5:00pm (excluding federal holidays).

b. The contractor should be able to provide a one (1) hour delivery time during normal working hours. If 1-hour delivery is not possible, inform the Nuclear Medicine personnel at the time the order is placed. The Contractor should be able to provide a two (2) hour delivery time after normal working hours. The two (2) hours delivery time includes any order placed after normal working hours, weekends, and Federal holidays. If 2-hour delivery is not possible, the contractor shall inform the Nuclear Medicine personnel at the time the order is placed.

B.2 PRICING DATA

The aggregate value of the contract will be determined prior to award. The anticipated period of performance is 05/01/2020 through 04/30/2021 with two 12-month option periods to be exercised at the Government’s discretion. The necessary funding will be available to pay for the requested items.

Rates specified in D.1 Schedule of Supplies – Annual Fee Schedule shall be the maximum paid to the Contractor as orders are placed during the term of the contract. In no event can the rates listed in the fee schedule be exceeded unless modified by the Contracting Officer.

B.3 PRODUCT CHANGES/MODIFICATIONS

It is understood there are continual changes in the medical field. Therefore, the awarded contract may be modified, through mutual agreement of the parties.

B.4 EXTENT OF OBLIGATION

The Government is obligated only to the extent of authorized purchases made under the resulting delivery/task order.

B.5 PERIOD OF PERFORMANCE

It is anticipated the awarded requirements contract will expire on 04/30/2021 or such later ending date as determined by the exercise of an option period.

B.6 FEDERAL HOLIDAYS:

The ten holidays observed by the Federal Government are:

New Year’s Day – January 1st Martin Luther King’s Birthday – 3rd Monday of January Presidents’ Day - 3rd Monday of February Memorial Day – Last Monday of May Independence Day – July 4th Labor Day – 1st Monday of September Columbus Day – 2nd Monday of October Veterans Day – November 11th Thanksgiving Day – 4th Thursday of November Christmas Day – December 25th

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 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 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 52.216-18 ORDERING (OCT 1995)

(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 05/01/2020 through 04/30/2023.

(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) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(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 $500.00, 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 to be determined prior to award;

(2) Any order for a combination of items in excess of to be determined prior to award; or

(3) A series of orders from the same ordering office within (1) day/s 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 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 specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The

Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the

Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after 03/31/2023.

(End of Clause)

C.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the

Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after 04/30/2023.

(End of Clause)

C.6 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the

Contractor within 48 hours of an order. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

(End of Clause)

C.7 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 60; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 three (3) years.

(End of Clause)

C.8 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of

Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

C.9 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

(a) The Contractor shall conform to the standards established by the: National Radioactive

Commission (NRC), Department of Transportation and the FDA.

(b) The Contractor shall submit proof of conformance to the standards. This proof may be a label or seal affixed to the equipment or supplies, warranting that the item(s) have been tested in accordance with the standards and meet the contract requirement. Proof may also be furnished by the organization listed above certifying that the item(s) furnished have been tested in accordance with and conform to the specified standards.

(c) Offerors may obtain the standards cited in this provision by submitting a request, including the solicitation number, title and number of the publication to: National Radioactive Commission

(NRC), Department of Transportation and/or FDA.

(d) The offeror shall contact the Contracting Officer if response is not received within two weeks of the request.

(End of Provision)

C.10 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND

VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (OCT 2019)

(a) In an effort to achieve socioeconomic small business goals, VA shall evaluate offerors based on their service-disabled veteran-owned or veteran-owned small business status and their proposed use of eligible service-disabled veteran-owned small businesses (SDVOSBs) and veteran-owned small businesses (VOSBs) as subcontractors.

(b) Eligible service-disabled veteran-owned small businesses offerors will receive full credit, and offerors qualifying as veteran-owned small businesses will receive partial credit for the

Service-Disabled Veteran-Owned and Veteran-Owned Small Business Status evaluation factor.

To receive credit, an offeror must be registered and verified in the Vendor Information Pages

(VIP) database.

(c) Non-Veteran offerors proposing to use SDVOSBs or VOSBs as subcontractors will receive some consideration under this evaluation factor. Offerors must state in their proposals the names of the SDVOSBs and VOSBs with whom they intend to subcontract and provide a brief description of the proposed subcontracts and the approximate dollar values of the proposed subcontracts. In addition, the proposed subcontractors must be registered and verified in the

VIP database.

(d) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

(End of Clause)

C.11 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)

(a) The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses (SDVOSBs) or veteran-owned small businesses (VOSBs) proposed as subcontractors in accordance with 852.215–70, Service-Disabled Veteran-Owned and Veteran-

Owned Small Business Evaluation Factors, or to substitute one or more SDVOSBs or VOSBs for subcontract work of the same or similar value.

(b) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

(End of Clause)

C.12 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING

AND COMPLIANCE (JUL 2018)

(a) This solicitation includes the clause: 852.215-70 Service-disabled veteran-owned and veteran-owned small business evaluation factors. Accordingly, any contract resulting from this solicitation will include the clause 852.215-71 Evaluation factor commitments.

(b) The Contractor is advised that in performing contract administration functions, the

Contracting Officer may use the services of a support contractor(s) to assist in assessing

Contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the Contractor's business records or other proprietary data to review such business records regarding contract 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 compliance with the subcontracting commitments.

(End of Clause)

C.13 VAAR 852.223-71 SAFETY AND HEALTH (SEP 2019)

(a) To help ensure the protection of the life and health of all persons, and to help prevent damage to property, the Contractor shall comply with all Federal, State, and local laws and regulations applicable to the work being performed under this contract. These laws are implemented or enforced by the Environmental Protection Agency (EPA), Occupational Safety and Health Administration (OSHA) and other regulatory/enforcement agencies at the Federal, State, and local levels.

(1) Additionally, the Contractor shall comply with the following regulations when developing and implementing health and safety operating procedures and practices for both personnel and facilities involving the use or handling of hazardous materials and the conduct of research, development, or test projects:

(i) 29 CFR 1910.1030, Bloodborne pathogens; 29 CFR 1910.1450, Occupational exposure to hazardous chemicals in laboratories. These regulations are available at https://www.osha.gov/.

https://www.osha.gov/

(ii) Nuclear Regulatory Commission Standards and Regulations, pursuant to the Energy

Reorganization Act of 1974 (42 U.S.C. 5801 et seq.) Copies are available from the U.S. Nuclear

Regulatory Commission, Washington, DC 20555-0001.

(2) The following Government guidelines are recommended for developing and implementing health and safety operating procedures and practices for both personnel and facilities:

(i) Biosafety in Microbiological and Biomedical Laboratories, Centers for Disease Control and Prevention (CDC), available at http://www.cdc.gov/biosafety/publications/index.htm.

(ii) Prudent Practices in the Laboratory, National Research Council, National Academy

Press, Washington, DC 20001, available at http://www.nap.edu.

(b)(1) The Contractor shall…