36C25021Q0301.docx
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- Attached to
- R602--Laboratory Specimens Courier Service Federal contract opportunity
- Solicitation number
- 36C25021Q0301
About this file
This is a solicitation for laboratory specimens courier services. The Department of Veterans Affairs Network Contracting Office 10 is seeking to acquire courier services including personnel, equipment, and transportation for delivering laboratory specimens, supplies, and mail from community-based outpatient clinics in Mishawaka, Indiana; Goshen, Indiana; Muncie, Indiana; Peru, Indiana; Huntington, Indiana; and Defiance, Ohio to the VA Northern Indiana Health Care System in Fort Wayne, Indiana. The contractor must ensure confidentiality of all patient information on laboratory samples being transported. The agency anticipates awarding a firm-fixed price contract for a base year and four one-year options, for a total of five years of service if all options are exercised. The response due date is February 24, 2021.
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| 36C25021Q0301 0001.docx | DOCX document |
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36C25021Q0301
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
610-21-3-087-0032 36C25021Q0301 02-17-2021 Tracy L. Granger 734-222-4294 02-24-2021 13:00
EST
Department of Veterans Affairs Network Contracting Office 10 24 Frank Lloyd Wright Drive Lobby M, Suite M2200 Ann Arbor
MI
48105 X X 492110 1500 Employees N/A X Department of Veteran Affairs Northern Indiana Health Care System Attn: Laboratory 1700 E 38th Street Marion
IN
46240 Department of Veterans Affairs Network Contracting Office 10 24 Frank Lloyd Wright Drive Lobby M, Suite M2200 Ann Arbor
MI
48105
Department of Veterans Affairs Financial Management System P O Box 149971 Austin
TX
78714-9971 512-242-7300 N/A See CONTINUATION Page See Price Schedule in Section B.
$0.00 See CONTINUATION Page 610-3610160-087-822300-2560 010034165 X Kristina L. Peart Contracting Officer Table of Contents
| SECTION A | 1 |
| A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS | 1 |
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 3 |
| B.1 CONTRACT ADMINISTRATION | 3 |
| B.2 IT CONTRACT SECURITY | 6 |
| B.1 PRICE/COST SCHEDULE | 11 |
| ITEM INFORMATION | 11 |
| B.4 DESCRIPTION OF SERVICES/STATEMENT OF WORK | 22 |
| SECTION C - CONTRACT CLAUSES | 30 |
| C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018) | 30 |
| C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) | 36 |
| C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) | 36 |
| C.4 52.219-14 Limitations on Subcontracting. (JUN 2020) (DEVIATION) | 37 |
| C.4 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997) | 40 |
| C.5 SUPPLEMENTAL INSURANCE REQUIREMENTS | 40 |
| C.6 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020) | 41 |
| C.7 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018) | 43 |
| C.8 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) | 43 |
| C.9 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 44 |
| C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (NOV 2020) | 44 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 53 |
| D.1 WAGE DETERMINATION | 53 |
| SECTION E - SOLICITATION PROVISIONS | 72 |
| E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JUN 2020) | 72 |
| E.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) | 76 |
| E.3 52.216-1 TYPE OF CONTRACT (APR 1984) | 77 |
| E.4 52.233-2 SERVICE OF PROTEST (SEP 2006) | 77 |
| E.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 78 |
| E.6 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018) | 78 |
| E.7 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014) | 80 |
| E.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (NOV 2020) | 80 |
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION
(Continuation from Standard Form 1449, block 18A.)
1. Contract Administration: All contract administration matters will be handled by the following individuals:
| a. CONTRACTOR: | Name:____________________________ |
| Address: __________________________ | |
| City, State, Zip: _____________________ | |
| Telephone Number: _________________ | |
| Fax Number: _______________________ | |
| E-mail address: _____________________ | |
| DUNS:____________________________ |
| b. GOVERNMENT: | Department of Veterans Affairs |
| Network Contracting Office (NCO 10) | |
| Attn: Tracy Granger | |
| 24 Frank Lloyd Wright Drive, | |
| Lobby M, Suite M2200 | |
| Ann Arbor, MI 48105 | |
| Phone: (734) 222-4294 | |
| E-Mail: Tracy.Granger@va.gov |
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; |
| [] | 52.232-34, Payment by Electronic Funds Transfer - |
Other Than 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 Completion of Work |
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 Financial Management System PO Box 149971 Austin TX 78714-9971
5. SUBMISSION OF QUOTE:
a. Offerors shall complete and return all information designated in:
1) Blocks 17(a) and 30(a-c) of SF 1449
2) Contract Administration Data
3) The Price/Cost Schedule, Section B
4) 52.212-1, Instructions to Offerors--Commercial Items, Quote Submission Information
5) 52.209-7, Information Regarding Responsibility Matters
6) 52.212-3, Representations and Certifications, or valid completion in SAM is acceptable
Information shall be received by the date and time specified in Block 8 of SF 1449 to be considered for award.
b. By submission of an offer, the offeror acknowledges the requirement that the prospective awardee shall be registered in the System for Award Management (SAM) database prior to award. Offerors who are not registered in SAM should consider applying for registration immediately. Registration in SAM is a requirement to conduct business with the Federal Government. If the prospective awardee is not registered in SAM within the timeframe specified by the Contracting Officer, the successful offeror may be removed from further consideration for award. Offerors can register in SAM at https://www.sam.gov.
c. Simplified Acquisition Procedures of FAR Subpart 13.5 are being used to conduct the procurement.
d. Offeror must be certified in the SAM representations and certifications in FAR 52.212-3 that the firm meets the small business size standard for the NAICS Code assigned to the procurement.
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of Amendments to the Solicitation numbered and dated as follows:
AMENDMENT NO DATE
B.2 IT CONTRACT SECURITY
VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY
1. GENERAL
Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.
2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS
a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.
b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.
c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.
d. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.
e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor's employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.
3. VA INFORMATION CUSTODIAL LANGUAGE
a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).
b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor's information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA's information is returned to the VA or destroyed in accordance with VA's sanitization requirements. VA reserves the right to conduct on site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.
c. Prior to termination or completion of this contract, contractor/ subcontractor must not destroy information received from VA, or gathered/ created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.
d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.
e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.
f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.
g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.
h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.
i. The contractor/subcontractor's firewall and Web services security controls, if applicable, shall meet or exceed VA's minimum requirements. VA Configuration Guidelines are available upon request.
j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA's prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.
k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.
l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COR.
4. INTENTIONALY BLANK
5. INTENTIONALY BLANK
6. SECURITY INCIDENT INVESTIGATION
a. The term "security incident" means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/ subcontractor shall immediately notify the COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/ subcontractor has access.
b. To the extent known by the contractor/subcontractor, the contractor/ subcontractor's notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.
c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.
d. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.
7. LIQUIDATED DAMAGES FOR DATA BREACH
a. Consistent with the requirements of 38 U.S.C. 5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract.
b. The contractor/subcontractor shall provide notice to VA of a "security incident" as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.
c. Each risk analysis shall address all relevant information concerning the data breach, including the following:
(1) Nature of the event (loss, theft, unauthorized access);
(2) Description of the event, including:
(a) date of occurrence;
(b) data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code;
(3) Number of individuals affected or potentially affected;
(4) Names of individuals or groups affected or potentially affected;
(5) Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text;
(6) Amount of time the data has been out of VA control;
(7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons);
(8) Known misuses of data containing sensitive personal information, if any;
(9) Assessment of the potential harm to the affected individuals;
(10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and
(11) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.
d. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:
(1) Notification;
(2) One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;
(3) Data breach analysis;
(4) Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution;
(5) One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and
(6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs.
8. INTENTIONALY BLANK
9. TRAINING
a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:
(1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems;
(2) Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training;
(3) Successfully complete the appropriate VA privacy training and annually complete required privacy training; and
(4) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document - e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.]
b. The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.
c. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.
B.1 PRICE/COST SCHEDULE
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 251.00 |
| DY |
| __________________ |
| __________________ |
The Contractor shall provide all necessary transportation, labor, equipment, and supplies as specified for same day courier services to pick-up laboratory specimens at the designated Community Based Outpatient Clinics for delivery to the VA Northern Indiana Health Care System, Fort Wayne Campus, in accordance with the work statement and specifications.
Provide Courier Service for Laboratory Specimens from the VANIHCS Mishawaka CBOC Pick up and delivery Scheduled Monday through Friday excluding Government holidays.
Clinic Pick Up Time: 3:15p.m.
VA Delivery Time: 5:45p.m.
Contract Period: Base POP Begin: 04-01-2021 POP End: 03-31-2022
| 251.00 |
| DY |
| __________________ |
| __________________ |
Provide Courier Service for Laboratory Specimens from the VANIHCS Goshen CBOC Pick up and delivery Scheduled Monday through Friday excluding Government holidays.
Clinic Pick Up Time - 4:00p.m.
VA Delivery Time: 5:45p.m.
Contract Period: Base
| 251.00 |
| DY |
| __________________ |
| __________________ |
Provide Courier Service for Laboratory Specimens from the VANIHCS Muncie CBOC
Clinic Pick Up Time - 3:00p.m.
VA Delivery Time 5:30p.m.
Contract Period: Base
| 251.00 |
| DY |
| __________________ |
| __________________ |
Provide Courier Service for Laboratory Specimens from the VANIHCS Peru CBOC
Clinic Pick Up Time - 2:30p.m.
VA Delivery Time: 5:00p.m.
Contract Period: Base
| 251.00 |
| DY |
| __________________ |
| __________________ |
Provide Courier Service for Laboratory Specimens from the VANIHCS Huntington CBOC
Clinic Pick Up Time - 3:30p.m.
VA Delivery Time: 5:00p.m.
Contract Period: Base
| 251.00 |
| DY |
| __________________ |
| __________________ |
Provide Courier Service for Laboratory Specimens from the VANIHCS Defiance, OH CBOC
Clinic Pick Up Time - 3:00p.m.
VA Delivery Time: 5:00p.m.
Contract Period: Base
| 98.00 |
| DY |
| __________________ |
| __________________ |
Provide Courier Service for Laboratory Specimens from the VANIHCS Marion Campus Pick up and delivery will be scheduled as required by the COR, excluding Government holidays.
Contract Period: Base
| 52.00 |
| DY |
| __________________ |
| __________________ |
Provide Courier Service for Laboratory Specimens from the VANIHCS Marion Campus. Pick-up and delivery scheduled Friday excluding Government holidays. Clinic Pick Up Time - 4:30p.m.
VA Delivery Time: 5:30p.m.
Contract Period: Base
| 12.00 |
| DY |
| __________________ |
| __________________ |
Provide Courier Service for Pharmacy products from Fort Wayne Campus. Pick up and delivery will be scheduled as required by the COR, excluding Government holidays.
Contract Period: Base
| 251.00 |
| DY |
| __________________ |
| __________________ |
The Contractor shall provide all necessary transportation, labor, equipment, and supplies as specified for same day courier services to pick-up laboratory specimens at the designated Community Based Outpatient Clinics for delivery to the VA Northern Indiana Health Care System, Fort Wayne Campus, in accordance with the work statement and specifications.
Pick up and delivery Scheduled Monday through Friday excluding Government holidays.
Clinic Pick Up Time: 3:15p.m.
VA Delivery Time: 5:45p.m.
Contract Period: Option 1 POP Begin: 04-01-2022 POP End: 03-31-2023
| 251.00 |
| DY |
| __________________ |
| __________________ |
Provide Courier Service for Laboratory Specimens from the VANIHCS Goshen CBOC
Clinic Pick Up Time - 4:00p.m.
VA Delivery Time: 5:45p.m.
Contract Period: Option 1
| 251.00 |
| DY |
| __________________ |
| __________________ |
Provide Courier Service for Laboratory Specimens from the VANIHCS Muncie CBOC
Clinic Pick Up Time - 3:00p.m.
VA Delivery Time 5:30p.m.
Contract Period: Option 1
| 251.00 |
| DY |
| __________________ |
| __________________ |
Provide Courier Service for Laboratory Specimens from the VANIHCS Peru CBOC
Clinic Pick Up Time - 2:30p.m.
VA Delivery Time: 5:00p.m.
Contract Period: Option 1
| 251.00 |
| DY |
| __________________ |
| __________________ |
Provide Courier Service for Laboratory Specimens from the VANIHCS Huntington CBOC
Clinic Pick Up Time - 3:30p.m.
VA Delivery Time: 5:00p.m.
Contract Period: Option 1
| 251.00 |
| DY |
| __________________ |
| __________________ |
Provide Courier Service for Laboratory Specimens from the VANIHCS Defiance, OH CBOC
Clinic Pick Up Time - 3:00p.m.
VA Delivery Time: 5:00p.m.
Contract Period: Option 1
| 98.00 |
| DY |
| __________________ |
| __________________ |
Provide Courier Service for Laboratory Specimens from the VANIHCS Marion Campus
Contract Period: Option 1
| 52.00 |
| DY |
| __________________ |
| __________________ |
Provide Courier Service for Laboratory Specimens from the VANIHCS Marion Campus. Pick-up and delivery scheduled Friday excluding Government holidays. Clinic Pick Up Time - 4:30p.m.
Contract Period: Option 1
| 12.00 |
| DY |
| __________________ |
| __________________ |
Provide Courier Service for Pharmacy products from Fort Wayne Campus. Pick up and delivery will be scheduled as required by the COR, excluding Government holidays.
Contract Period: Option 1
| 251.00 |
| DY |
| __________________ |
| __________________ |
The Contractor shall provide all necessary transportation, labor, equipment, and supplies as specified for same day courier services to pick-up laboratory specimens at the designated Community Based Outpatient Clinics for delivery to the VA Northern Indiana Health Care System, Fort Wayne Campus, in accordance with the work statement and specifications.
Pick up and delivery Scheduled Monday through Friday excluding Government holidays.
Clinic Pick Up Time: 3:15p.m.
VA Delivery Time: 5:45p.m.
Contract Period: Option 2 POP Begin: 04-01-2023 POP End: 03-31-2024
| 251.00 |
| DY |
| __________________ |
| __________________ |
Provide Courier Service for Laboratory Specimens from the VANIHCS Goshen CBOC
Clinic Pick Up Time - 4:00p.m.
VA Delivery Time: 5:45p.m.
Contract Period: Option 2
| 251.00 |
| DY |
| __________________ |
| __________________ |
Provide Courier Service for Laboratory Specimens from the VANIHCS Muncie CBOC
Clinic Pick Up Time - 3:00p.m.
VA Delivery Time 5:30p.m.
Contract Period: Option 2
| 251.00 |
| DY |
| __________________ |
| __________________ |
Provide Courier Service for Laboratory Specimens from the VANIHCS Peru CBOC
Clinic Pick Up Time - 2:30p.m.
VA Delivery Time: 5:00p.m.
Contract Period: Option 2
| 251.00 |
| DY |
| __________________ |
| __________________ |
Provide Courier Service for Laboratory Specimens from the VANIHCS Huntington CBOC
Clinic Pick Up Time - 3:30p.m.
VA Delivery Time: 5:00p.m.
Contract Period: Option 2
| 251.00 |
| DY |
| __________________ |
| __________________ |
Provide Courier Service for Laboratory Specimens from the VANIHCS Defiance, OH CBOC
Clinic Pick Up Time - 3:00p.m.
VA Delivery Time: 5:00p.m.
Contract Period: Option 2
| 98.00 |
| DY |
| __________________ |
| __________________ |
Provide Courier Service for Laboratory Specimens from the VANIHCS Marion Campus
Contract Period: Option 2
| 52.00 |
| DY |
| __________________ |
| __________________ |
Provide Courier Service for Laboratory Specimens from the VANIHCS Marion Campus. Pick-up and delivery scheduled Friday excluding Government holidays. Clinic Pick Up Time - 4:30p.m.
Contract Period: Option 1
| 12.00 |
| DY |
| __________________ |
| __________________ |
Provide Courier Service for Pharmacy products from Fort Wayne Campus. Pick up and delivery will be scheduled as required by the COR, excluding Government holidays.
Contract Period: Option 2
| 251.00 |
| DY |
| __________________ |
| __________________ |
The Contractor shall provide all necessary transportation, labor, equipment, and supplies as specified for same day courier services to pick-up laboratory specimens at the designated Community Based Outpatient Clinics for delivery to the VA Northern Indiana Health Care System, Fort Wayne Campus, in accordance with the work statement and specifications.
Pick up and delivery Scheduled Monday through Friday excluding Government holidays.
Clinic Pick Up Time: 3:15p.m.
VA Delivery Time: 5:45p.m.
Contract Period: Option 3 POP Begin: 04-01-2024 POP End: 03-31-2025
| 251.00 |
| DY |
| __________________ |
| __________________ |
Provide Courier Service for Laboratory Specimens from the VANIHCS Goshen CBOC
Clinic Pick Up Time - 4:00p.m.
VA Delivery Time: 5:45p.m.
Contract Period: Option 3
| 251.00 |
| DY |
| __________________ |
| __________________ |
Provide Courier Service for Laboratory Specimens from the VANIHCS Muncie CBOC
Clinic Pick Up Time - 3:00p.m.
VA Delivery Time 5:30p.m.
Contract Period: Option 3
| 251.00 |
| DY |
| __________________ |
| __________________ |
Provide Courier Service for Laboratory Specimens from the VANIHCS Peru CBOC
Clinic Pick Up Time - 2:30p.m.
VA Delivery Time: 5:00p.m.
Contract Period: Option 3
| 251.00 |
| DY |
| __________________ |
| __________________ |
Provide Courier Service for Laboratory Specimens from the VANIHCS Huntington CBOC
Clinic Pick Up Time - 3:30p.m.
VA Delivery Time: 5:00p.m.
Contract Period: Option 3
| 251.00 |
| DY |
| __________________ |
| __________________ |
Provide Courier Service for Laboratory Specimens from the VANIHCS Defiance, OH CBOC
Clinic Pick Up Time - 3:00p.m.
VA Delivery Time: 5:00p.m.
Contract Period: Option 3
| 98.00 |
| DY |
| __________________ |
| __________________ |
Provide Courier Service for Laboratory Specimens from the VANIHCS Marion Campus
Contract Period: Option 3
| 52.00 |
| DY |
| __________________ |
| __________________ |
Provide Courier Service for Laboratory Specimens from the VANIHCS Marion Campus. Pick-up and delivery scheduled Friday excluding Government holidays. Clinic Pick Up Time - 4:30p.m.
Contract Period: Option 1
| 12.00 |
| DY |
| __________________ |
| __________________ |
Provide Courier Service for Pharmacy products from Fort Wayne Campus. Pick up and delivery will be scheduled as required by the COR, excluding Government holidays.
Contract Period: Option 3
| 251.00 |
| DY |
| __________________ |
| __________________ |
The Contractor shall provide all necessary transportation, labor, equipment, and supplies as specified for same day courier services to pick-up laboratory specimens at the designated Community Based Outpatient Clinics for delivery to the VA Northern Indiana Health Care System, Fort Wayne Campus, in accordance with the work statement and specifications.
Pick up and delivery Scheduled Monday through Friday excluding Government holidays.
Clinic Pick Up Time: 3:15p.m.
VA Delivery Time: 5:45p.m.
Contract Period: Option 4 POP Begin: 04-01-2025 POP End: 03-31-2026
| 251.00 |
| DY |
| __________________ |
| __________________ |
Provide Courier Service for Laboratory Specimens from the VANIHCS Goshen CBOC
Clinic Pick Up Time - 4:00p.m.
VA Delivery Time: 5:45p.m.
Contract Period: Option 4
| 251.00 |
| DY |
| __________________ |
| __________________ |
Provide Courier Service for Laboratory Specimens from the VANIHCS Muncie CBOC
Clinic Pick Up Time - 3:00p.m.
VA Delivery Time 5:30p.m.
Contract Period: Option 4
| 251.00 |
| DY |
| __________________ |
| __________________ |
Provide Courier Service for Laboratory Specimens from the VANIHCS Peru CBOC
Clinic Pick Up Time - 2:30p.m.
VA Delivery Time: 5:00p.m.
Contract Period: Option 4
| 251.00 |
| DY |
| __________________ |
| __________________ |
Provide Courier Service for Laboratory Specimens from the VANIHCS Huntington CBOC
Clinic Pick Up Time - 3:30p.m.
VA Delivery Time: 5:00p.m.
Contract Period: Option 4
| 251.00 |
| DY |
| __________________ |
| __________________ |
Provide Courier Service for Laboratory Specimens from the VANIHCS Defiance, OH CBOC
Clinic Pick Up Time - 3:00p.m.
VA Delivery Time: 5:00p.m.
Contract Period: Option 4
| 98.00 |
| DY |
| __________________ |
| __________________ |
Provide Courier Service for Laboratory Specimens from the VANIHCS Marion Campus
Contract Period: Option 4
| 52.00 |
| DY |
| __________________ |
| __________________ |
Provide Courier Service for Laboratory Specimens from the VANIHCS Marion Campus. Pick-up and delivery scheduled Friday excluding Government holidays. Clinic Pick Up Time - 4:30p.m.
Contract Period: Option 1
| 12.00 |
| DY |
| __________________ |
| __________________ |
Provide Courier Service for Pharmacy products from Fort Wayne Campus. Pick up and delivery will be scheduled as required by the COR, excluding Government holidays.
Contract Period: Option 4
| GRAND TOTAL |
| __________________ |
B.4 DESCRIPTION OF SERVICES/STATEMENT OF WORK
The contractor shall provide to the Department of Veterans Affairs NIHCS, Fort Wayne, Indiana COURIER SERVICES to include personnel, equipment and transportation for the delivery of Laboratory Specimens, supplies and mail from the Community Based Outpatient Clinics located in Mishawaka, Indiana; Goshen, Indiana; Muncie, Indiana; Peru, Indiana; Huntington, IN and Defiance, OH to the Department of Veterans Affairs NIHCS Ft. Wayne Campus located at 2121 Lake Avenue, Fort Wayne, Indiana as well as delivery of laboratory specimens from the Marion Campus to the Fort Wayne Campus and Pharmacy products from the Fort Wayne Campus to the Marion Campus. The contractor shall ensure the confidentiality of all patient information on laboratory samples being transported.
SPECIMEN PICKUP
Specimens and laboratory mail shall be picked up and delivered from all Community Based Outpatient Clinics (CBOC’s) Monday through Friday excluding government holidays. Specimens shall be processed at the CBOC’s to the extent possible and packaged for pickup by the courier. Tubes shall be placed in transport sponges and the sponges placed in biohazard ziplock bags. Other specimens shall be placed in biohazard ziplock bags. Frozen specimens shall be placed in biohazard ziplock bags. All specimens shall be separated by storage/transport temperature requirements (room temperature, refrigerated or frozen). The Contractor shall pick up the specimens at the CBOC and transport them to the VANIHCS in Fort Wayne in such a way as to maintain the temperature requirements of each specimen (room temperature, refrigerated or frozen). The VANIHCS laboratory in Fort Wayne will monitor the transport temperatures at delivery. The Contractor shall return all laboratory supplies and mail to all of the CBOC’s the following business day.
Specimens shall be picked up and delivered from the Marion Campus on Friday afternoons and/or the day before federal holiday and on an as needed basis 24/7/365. Specimens shall be processed at the Marion Campus to the extent possible and packaged for pickup by the courier. Tubes shall be placed in transport sponges and the sponges placed in biohazard Ziplock bags. Other specimens shall be placed in biohazard Ziplock bags. Frozen specimens shall be placed in biohazard Ziplock bags. All specimens shall be separated by storage/transport temperature requirements (room temperature, refrigerated or frozen). The Contractor shall pick up the specimens at the Marion Campus and transport them to the VANIHCS in Fort Wayne in such a way as to maintain the temperature requirements of each specimen (room temperature, refrigerated or frozen). The VANIHCS laboratory in Fort Wayne will monitor the transport temperatures at delivery.
Pharmacy products shall be picked up and delivered on an as needed basis 24/7/365. Products will be packaged for pickup by the courier. Pharmacy products shall be packaged appropriately to ensure safe transport. All products shall be separated by storage/transport temperature requirements (room temperature, refrigerated or frozen). The Contractor shall pick up the products at the Fort Wayne Campus Pharmacy and transport them to the VANIHCS Pharmacy in Marion in such a way as to maintain the temperature requirements of each specimen (room temperature, refrigerated or frozen). The VANIHCS Pharmacy in Marion will monitor the transport temperatures at delivery.
The contractor shall notify the Contracting Officer’s Representative (COR) or designee immediately by phone of any unforeseen delays or unusual events (traffic, road construction, road detours, etc) regarding delivery of specimens that shall cause delay to the VA scheduled delivery time from each clinic.
SPECIMEN TRANSPORTATION
Specimens shall be packaged for transport and transported to VANIHCS, Fort Wayne, IN laboratory in such a way as to maintain the required storage temperature for each lab specimen. VANIHCS shall provide the sponge racks and specimen bags for transport. The contractor shall provide the insulated chest/cooler and appropriate coolant for each temperature (e.g. Ice Packs, ambient packs, dry ice, etc). The insulated chest/cooler provided by the contractor shall be capable of accommodating refrigerated and frozen samples and be used for pickup and delivery of specimens. Contractor shall maintain proper temperature in the vehicles to preserve the specimens. No more than 8°C for refrigerated samples and -18°C for frozen samples. The contractor shall return/deliver all laboratory supplies/mail by the next business day to the CBOC. All specimens shall be transported in accordance with local, state and federal regulations.
When transporting specimens, the contractor shall follow procedures to prevent any exposure, contamination or release while in transport. Each specimen shall be transported in a leak proof primary container, placed into a secondary container with material sufficient to absorb all liquid contents of the primary container. The transport container provided by the contractor shall be of sufficient size to accommodate all specimens collected each day, be lockable to ensure the security of the specimens during transport and be labeled with the appropriate biohazard symbol. In the event that specimens transported are lost or broken, the Contractor is required to submit a written report to the Contracting Officer’s Representative (COR) the same day.
QUALITY CONTROL
The contractor shall develop and maintain a quality control program that ensures courier services are performed in accordance with these specifications. The contractor shall develop and implement procedures to track, identify, prevent, remedy and ensure non-recurrence of defective services. The contractor shall provide a method to accept and resolve customer complaints and notify the customer of the resolution. The contractor shall immediately notify the COR upon receipt of a customer complaint so joint validation may be accomplished. The contractor is responsible for quality control and specification compliance.
UNIVERSAL PRECAUTIONS
The contractor’s employees/couriers transporting test specimens shall be trained in “Universal Precautions” in the handling of biohazard materials (specimens). Training shall include utilizing clinical procedures in case of biohazard spills and accidents. The contractor shall furnish a record of all required training.
RECORD OF PICK UP
The contractor shall maintain a record and log of daily courier pickups and deliveries indicating time and date of pickup, delivery, number of specimens and signatures. A copy of these logs shall be available to the COR upon request.
CONTRACTOR COURIERS/DRIVERS
(a) All contractor employees shall maintain a valid driver’s license for the type of vehicle operated as required by the State of Indiana and Ohio. Contractor personnel shall wear visible identification at all times while on the premises of any Federal property. It is the responsibility of the Contractor to park in the appropriate designated parking areas. A record of each driver as to character and physical capabilities for performing as a courier shall be maintained and made available to the COR upon request for inspection.
(b) The contractor personnel performing services to the Government shall at all times conduct themselves in a professional manner, present a neat, professional appearance and be easily recognized as a contract employee by having the company name, and employee name affixed to the uniform. The Contractor shall be responsible for furnishing all vehicles, personnel, equipment and supplies, vehicle fuel, uniforms, name tags and/or badges for performance of services under this contract. Employee identifications shall be worn in a clear view above the waist. All contractor employees responsible for transporting specimens shall be trained and certified in accordance with DOT (US Department of Transportation), IATA (International Air Transport Association), CDC (Centers for Disease Control), and OSHA (Occupational Safety and Health Organization) requirements.
(c) The Government reserves the right to restrict the Contractor from performing services under this contract. Any Contractor employee who does not meet the required qualifications, or who violates Federal regulations, or is identified as a potential threat to the security, safety, health and/or operational mission of the VA and its veteran population. The restriction of such contractor personnel shall not relieve the contractor from performing all the required services in accordance with all terms, conditions, and schedules contained herein.
CONTRACTOR VEHICLES
The vehicles used in the performance of this contract shall be licensed and meet the minimum requirements of the State of Indiana and the cities operated therein. Contractor’s vehicle shall have the company name/logo prominently displayed. All vehicles shall carry the proper insurance for courier services in accordance with the State of Indiana/Ohio requirement for liability/personal injury.
SPECIMEN PICK-UP AND DELIVERY LOCATIONS
The contractor shall be responsible for specimen pick-up at the following Community Based Outpatient Clinic locations. Specimens shall be delivered to the Department of Veterans affairs Northern Indiana Healthcare Center – North Campus, Fort Wayne, IN main laboratory, Second Floor, Building 1, room 249.
MISHAWAKA, IN
| St. Joseph County VA Clinic | |
| 1540 Trinity Place | |
| Mishawaka, IN 46545 | |
| Contact Point: | Katy Dulin (574) 272-9000x 79452 |
| Fax: (574) 272-9152 | |
| Pick-up Time: | 3:15pm (no more than 10 min early) |
| Delivery Time: No later than 5:45pm |
GOSHEN, IN
| VA Northern Indiana Healthcare System – Goshen CBOC |
| 2606 Peddlers Village |
| Goshen, IN 56526 |
| Contact Point: Valerie Schnepf (574)534-6108 |
| Fax: (574) 534-9201 |
| Pick-up Time: 4pm (no more than 10 min early) |
| Delivery Time: No later than 5:45pm |
MUNCIE, IN
| VA Northern Indiana Healthcare System – Muncie CBOC |
| 3701 N Morrison Rd |
Muncie, IN 47304
| Contact Point: | Elaine Shively (765) 284-6822 |
| Fax: (765) 284-5603 | |
| Pick-up Time: 3:00pm (no more than 10 min early) | |
| Delivery Time: No later than 5:30pm |
PERU, IN
| VA Northern Indiana Healthcare System – Muncie CBOC | |
| 705 N. Broadway | |
| Peru, IN 46970 | |
| Contact Point: | Mistie Jinks (765) 472-8900 |
| Fax: (765) 284-5603 | |
| Pick-up Time: 2:30pm (no more than 10 min early) | |
| Delivery Time: No later than 5:00pm |
HUNTINGTON, IN
| VA Northern Indiana Healthcare System – Huntington CBOC | |
| Address: TBD | |
| Huntington, IN 46750 | |
| Contact Point: | TBD |
| Fax: TBD | |
| Pick-up Time: 3:30pm (no more than 10 min early) | |
| Delivery Time: No later than 5:00pm |
DEFIANCE, OH
| VA Northern Indiana Healthcare System – Defiance CBOC | |
| 800 N. Clinton | |
| Defiance, OH 43512 | |
| Contact Point: | TBD |
| Fax: TBD | |
| Pick-up Time: 3:00pm (no more than 10 min early) | |
| Delivery Time: No later than 5:00pm |
MARION, IN
| VA Northern Indiana Healthcare System- Marion Campus |
| 1700 E 38th St. |
Marion, IN 46953 Friday Afternoon Pick-up Time: 4:30pm (no more than 10 min early) Delivery Time: No later than 5:30pm Non-routine Pick-up Time: TBD based on call for service
FORT WAYNE, IN
| VA Northern Indiana Healthcare System- Fort Wayne Campus |
| 2121 Lake Ave |
| Fort Wayne, IN 46805 |
| Pick-up Time: Will be determined by calling for service |
DELIVERY POINT FOR ALL LABORATORY SPECIMEN SAMPLES
| Veterans Affairs Northern Indiana Healthcare System |
| Name(s) of Contact Person(s): Tressa Tuggle |
| Pathology & Laboratory Medicine Service |
| Building 1, room 249 |
| 2121 Lake Avenue |
| Fort Wayne, IN 46805 |
260-526-5431 ext 71422
DELIVERY POINT FOR ALL PHARMACY PRODUCTS
| Veterans Affairs Northern Indiana Healthcare System |
| Name of Contact Person(s): Benjamin Neuenschwander |
| Pharmacy |
Building 138, Room 1700 E 38th St.
Marion, IN 46953 765-674-3321 ext
36C25021Q0301 Offerors shall submit with quote all required licenses, proof of insurance, and methodology in which samples are transported for blood and urine samples at each temperature. All offerors are encouraged to visit all Community Based Outpatient Clinics as specified prior to submission of quote/offer. Offerors should thoroughly review the specifications and be familiar with the area of coverage prior to submitting their offer in order to be fully aware of the services required. Failure to do so will not relieve the contractor from performing in accordance with the strict intent and meaning of the specifications without additional cost to the Government.
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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…
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