36C25023Q0009 - RFQ - DMP_RSO (Battle Creek VAMC).pdf

Combined Synopsis/Solicitation Notice

SUBJECT* Diagnostic Medical Physicist and Radiation Safety Officer

GENERAL INFORMATION

DOCUMENT TYPE: Combined Solicitation/Synopsis

SOLICITATION NUMBER* 36C25023Q0009

POSTED DATE: 08/19/2022

RESPONSE DUE DATE: 09/02/2022

RESPONSE DUE TIME: 14:00, EST

SET-ASIDE Small Business

PRODUCT OR SERVICE CODE* H165

NAICS CODE* 541990

CONTRACTING OFFICE ADDRESS Department of Veterans Affairs - NCO 10

3140 Governor’s Place Blvd., Suite 210 Kettering, OH 45409-1337

POINT OF CONTACT*

Jennifer Bowden, Contract Specialist jennifer.bowden@va.gov

PLACE OF PERFORMANCE

Battle Creek VA Medical Center 5500 Armstrong Rd | Battle Creek, MI 49037

Wyoming Community Based Outpatient Clinic 5838 Metro Way | Wyoming, MI 49519 mailto:jennifer.bowden@va.gov

DESCRIPTION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

Solicitation number 36C25023Q0009 is hereby issued as a Request for Quote (RFQ). This document incorporates provisions and clauses that are in effect through Federal Acquisition Circular 2022-07 effective August 10, 2022.

The associated NAICS Code for this combined synopsis/solicitation is 541990. The CLINS associated with this Combined Synopsis/Solicitation are contained within the attached SF1449. For extended descriptions, characteristics, and minimum needs please refer to the attached.

Period of performance is October 1, 2022 – September 30, 2023, with four (4), 12-month option periods

The FAR Provision 52.212-1, Instructions to Offerors – Commercial, FAR Clause 52.212-4, Contract Terms and Conditions -- Commercial Items, and FAR Clause 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items, apply to this acquisition. Please see attached for additional applicable terms and conditions which govern this action.

Evaluation Criteria is in SECTION E – FAR 52.212-2 Evaluation – Commercial Products and Commercial Services

Vendors shall submit their responses by the date/time advertised in block 8 of the SF1449. Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f).

Quotes and questions shall only be accepted via email to the Contract Specialist at jennifer.bowden@va.gov

IMPORTANT NOTE: Electronic documents shall be submitted in .pdf, .doc, or .xls and restricted to emails of less than less than 10MB as that is maximum single email size allowable. Communication containing documents in any other format may be blocked or stripped by the Government's server and may not be received by this office. Files in .zip format or file(s) exceeding 10MB may not be received by this office. It is the contractor’s responsibility to verify that submissions are received.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P284_48544 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1444_199446 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1801_253131 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P2001_293870

PAGE 1 OF 1. REQUISITION NO.

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

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

TIME

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

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

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

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

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

SEE ADDENDUM

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

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

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

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

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

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

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C25023Q0009 08-19-2022

Jennifer Bowden jennifer.bowden@va.gov 573-825-5540 09-02-2022

14:00 EDT

36C250

Department of Veterans Affairs

Network Contracting Office (NCO) 10

3140 Governor’s Place Blvd., Suite 210

Kettering OH 45409-1337

X 100

X

541690

$16.5 Million

N/A

X

36C610

Department of Veterans Affairs

Battle Creek VA Medical Center c/o Radiology Services

5500 Armstrong Rd

Battle Creek MI 49037

36C250

Department of Veterans Affairs

Network Contracting Office (NCO) 10

3140 Governors Place Blvd., Suite 210

Kettering OH 45409-1337

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center

PO Box 149971

Austin TX 78714-9971

See CONTINUATION Page

The contractor shall provide a quote for a Diagnostic Medical

Physicist & Radiation Safety Officer with the Battle Creek

VA Medical Center in accordance with the Performance Work

Statement (PWS) and Price/Cost Schedule.

Estimated period of performance is 10/01/2022 - 09/30/2023

Subsequent contract will be a be a base year with four (4) one (1) year options.

See CONTINUATION Page

X X

X 1

Brandi Holland

CONTRACTING OFFICER

36C25023Q0009

Table of Contents

SECTION A

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

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

B.3 PERFORMANCE WORK STATEMENT (PWS) – Diagnostic Medical Physicist & Radiation Safety Officer

SECTION C - CONTRACT CLAUSES

C.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.2 FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(NOV 2021)

C.3 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022)

C.4 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) (JUL 2020) (DEVIATION)

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

C.6 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.7 FAR 52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS (OCT 2021)

(DEVIATION)

C.8 FAR 52.245-2 GOVERNMENT PROPERTY INSTALLATION OPERATION SERVICES (APR 2012)

C.9 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.10 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR

2020)

C.11 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

C.12 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018)

C.13 VAAR 852.237-70 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE (OCT 2019)

C.14 VAAR 852.237-75 KEY PERSONNEL (OCT 2019)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

E.2 FAR 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

E.3 FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT (NOV 2021)

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

E.5 FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV

2021)

E.6 FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2022) (JUL 2020) (DEVIATION)

E.7 FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

E.8 FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Department of Veterans Affairs | Network Contracting Office (NCO) 10

3140 Governor’s Place Blvd. Suite 210 | Kettering, OH 45409 Jennifer Bowden | jennifer.bowden@va.gov

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with 52.232-33, Payment by Electronic Funds Transfer—System for Award Management

3. INVOICES: Invoices shall be submitted in arrears MONTHLY

4. GOVERNMENT INVOICE ADDRESS: Invoicing shall be in accordance with the requirements of the

Department of Veterans (VA) Financial Services Center (VAFSC). The latest information shall be used for invoicing and payments and may change during the period of performance of this acquisition. Current

Invoicing information is located at: https://www.fsc.va.gov/einvoice.asp. All invoices shall include the following: Invoice Number, Invoice Date Purchase Order Number (Will always begin with 506)

5. CHANGES/MODIFICATIONS TO THE CONTRACT: The Contracting Officer will be the only person authorized to approve changes or modify any of the requirements under this resultant contract. The

Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer will be authorized to make commitments or issue changes that affect price, quantity, delivery or quality of performance of this resultant contract. In the event the

Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered unauthorized by the local VAMC and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof.

6. ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the

Solicitation numbered and dated as follows:

AMENDMENT NO DATE

7. POST-AWARD ORIENTATION: The Contracting Officer will schedule a post award orientation for contract orientation purposes as required by VAAM Part M842.5.

MANDATORY WRITTEN DISCLOSURES: Mandatory written disclosures required by FAR clause 52.203-13 to the Department of Veterans Affairs, Office of Inspector General (OIG) must be made electronically through the VA OIG Hotline at http://www.va.gov/oig/contacts/hotline.asp and clicking on "FAR clause 52.203-13 Reporting." If you have trouble accessing the website, call the Hotline at 1-800-488-8244 for further instructions.

mailto:jennifer.bowden@va.gov https://www.fsc.va.gov/einvoice.asp https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.va.gov%2Foig%2Fcontacts%2Fhotline.asp&data=05%7C01%7C%7C91dfe1b033ec42bbb06d08da602acb45%7Ce95f1b23abaf45ee821db7ab251ab3bf%7C0%7C0%7C637928034169151345%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=7BrfyJQ9%2FEDjp08UJlbIYs3EgbfVdP%2F0F1a49Xv5KW4%3D&reserved=0

B.2 PRICE/COST SCHEDULE

CLIN DESCRIPTION OF SERVICES QTY UNIT UNIT PRICE AMOUNT

0001 Diagnostic Medical Physicist compliance & performance testing for ionizing x-ray equipment with the PWS

Contract Period: Base

POP: 10-01-2022 – 09-30-2023

12 MO ___________ _____________

0002 Radiation Safety Officer services in accordance with the PWS

Contract Period: Base

POP: 10-01-2022 – 09-30-2023

12 MO ___________ _____________

BASE YEAR __________________

CLIN DESCRIPTION OF SERVICES QTY UNIT UNIT PRICE AMOUNT

1001 Diagnostic Medical Physicist compliance & performance testing for ionizing x-ray equipment with the PWS

Contract Period: Option 1

POP: 10-01-2023 – 09-30-2024

12 MO ___________ _____________

1002 Radiation Safety Officer services in accordance with the PWS

Contract Period: Option 1

POP: 10-01-2023 – 09-30-2024

OPTION YEAR 1 __________________

2001 Diagnostic Medical Physicist compliance & performance testing for ionizing x-ray equipment with the PWS

Contract Period: Option 2

POP: 10-01-2024 – 09-30-2025

12 MO ___________ _____________

2002 Radiation Safety Officer services in accordance with the PWS

Contract Period: Option 2

POP: 10-01-2024 – 09-30-2025

OPTION YEAR 2 __________________

CLIN DESCRIPTION OF SERVICES QTY UNIT UNIT PRICE AMOUNT

3001 Diagnostic Medical Physicist compliance & performance testing for ionizing x-ray equipment with the PWS

Contract Period: Option 3

POP: 10-01-2025 – 09-30-2026

12 MO ___________ _____________

3002 Radiation Safety Officer services in accordance with the PWS

Contract Period: Option 3

POP: 10-01-2025 – 09-30-2026

OPTION YEAR 3 __________________

4001 Diagnostic Medical Physicist compliance & performance testing for ionizing x-ray equipment with the PWS

Contract Period: Option 4

POP: 10-01-2026 – 09-30-2027

12 MO ___________ _____________

4002 Radiation Safety Officer services in accordance with the PWS

Contract Period: Option 4

POP: 10-01-2026 – 09-30-2027

12 MO ___________ _____________

OPTION YEAR 4 __________________

GRAND TOTAL __________________

B.3 PERFORMANCE WORK STATEMENT (PWS) – Diagnostic Medical Physicist & Radiation Safety Officer

A. PURPOSE: The Veterans Health Administration (VHA) has mandated that medical care facilities utilizing medical devices that emit radiation, both ionizing and non-ionizing, for diagnostic purposes, comply with American College of Radiology (ACR), American Association of Physicists in Medicine (AAPM) and The Joint Commission (TJC) standards. These standards require that medical physicists, certified for the modality(ies) they test, have inspected, calibrated, and reviewed the system(s) to ensure they are safe for patient use and produce images that meet set standards.

B. BACKGROUND: The VHA is responsible for ensuring qualified personnel provide on-site diagnostic medical physics services under the terms and conditions stated herein and must adhere to VHA Directive 1105.04 Fluoroscopy Safety, VHA Directive 1105.05 Magnetic Resonance (MR) Safety, and VHA Directive 1129 Radiation Protection for Machine Sources of Ionizing Radiation. Medical devices that are used to measure radiation or radioactive materials must comply with Nuclear Regulatory Commission (NRC) regulations and VHA permit conditions for the facility under the VHA MML (Master Materials License). These devices are required to be calibrated and tested annually by qualified medical physicists to ensure the devices are safe for measuring patient radiation doses, radiation being emitted from patients, or radioactive samples.

C. SCOPE: The contractor shall furnish the services of a Radiation Safety Officer (RSO) and Diagnostic Medical

Physicist (DMP). Radioactive material use is limited to the Battle Creek VA Medical Center (BCVAMC) for diagnostic medical uses under the Nuclear Regulatory Commission (NRC) regulations 10 CFR 35.100 and

35.200 uses only. The contractor shall assist to ensure that BCVAMC and Wyoming Community Based Outpatient Clinic (WYCBOC) meet the standards and regulatory requirements for radioactive material use, diagnostic machine sources of ionizing radiation, and MRI, consistent with:

• VHA MML permit conditions for the BCVAMC

• VHA Directive 1105, Management of Radioactive Materials

• VHA Directive 1129, Radiation Protection for Machine Sources of Ionizing Radiation

• VHA Handbook 1105.04: Fluoroscopy Safety

• Nuclear Regulatory Commission (NRC) – www.nrc.gov

• Department of Transportation (DOT) – www.dot.gov

• Occupational Health and Safety Administration, OSHA; www.osha.gov

• Joint Commission on Accreditation; www.jointcommission.org

• The American College of Radiology (ACR); www.acr.org

D. PLACES OF PERFORMANCE:

a. Battle Creek VA Medical Center | 5500 Armstrong Rd | Battle Creek, MI 49037

b. Wyoming CBOC | 5838 Metro Way | Wyoming, MI 49519

E. PERIOD OF PERFORMANCE:

BASE: October 1, 2022 – September 30, 2023 Option 1: October 1, 2023 – September 30, 2024 Option 2: October 1, 2024 – September 30, 2025 Option 3: October 1, 2025 – September 30, 2026 Option 4: October 1, 2026 – September 30, 2027

F. AUTHORITY: Title 38 USC 8153, Health Care Resources (HCR) sharing authority

G. GOVERNMENT‐FURNISHED PROPERTY: ACR PET phantom and ACR SPECT phantom http://www.nrc.gov/ http://www.dot.gov/ http://www.osha.gov/ http://www.jointcommission.org/ http://www.acr.org/

H. POLICY/HANDBOOKS:

Privacy Act of 1974 (5 U.S.C. 552a) https://www.justice.gov/oip/blog/foia-update-freedom-information-act-5-usc-sect-552-amended-public-law-no-104-231-110-stat

US Nuclear Regulatory Commission (NRC) Regulations Title 10, Code of Federal Regulations https://www.nrc.gov/reading-rm/doc-collections/cfr/index.html

VA Directive 1663: Health Care Resources Contracting – Buying http://www.va.gov/vapubs/viewPublication.asp?Pub_ID=969

VHA Directive 1100.20 Credentialing of Health Care Providers https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=9444

VHA Directive 1105 Management of Radioactive Materials https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=9188

VHA Directive 1105.02 Nuclear Medicine and Radiation Safety Administrative Services https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=7519

VHA Directive 1105.03 Mammography Program Procedures and Standards https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=6423

VHA Directive 1105.04 Fluoroscopy Safety https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=7454

VHA Directive 1105.05 Magnetic Resonance (MR) Safety https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=6430

VHA Directive 1129 Radiation Protection for Machine Sources of Ionizing Radiation https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=3081

VHA Directive 1200.05 Requirements for the Protection of Human Subjects in Research https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=8171

VHA Directive 1215: Standards for Veteran Health Administration Centers of Excellence https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=

VHA Handbook 1100.17: National Practitioner Data Bank Reports https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2135

VHA Handbook 1100.18 Reporting and Responding to State Licensing Boards http://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=9174

VHA Handbook 1100.19 Credentialing and Privileging – https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2910

VHA Handbook 1907.01 Health Information Management and Health Records:

https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=9235

I. DEFINITIONS/ACRONYMS:

AAPM: American Association of Physics in Medicine ABR: American Board of Radiology ACR: American College of Radiology ACO: Administrative Contracting Officer ALARA: As Low as Reasonably Achievable (least & lowest radiation exposure possible) BAA: Business Associate Agreement CAMPEP: Commission on Accreditation of Medical Physics Educational Programs CDC: Centers for Disease Control and Prevention CEU: Certified Education Unit CME: Continuing Medical Education CMS: Centers for Medicare and Medicaid Services CO: Contracting Officer https://www.justice.gov/oip/blog/foia-update-freedom-information-act-5-usc-sect-552-amended-public-law-no-104-231-110-stat https://www.justice.gov/oip/blog/foia-update-freedom-information-act-5-usc-sect-552-amended-public-law-no-104-231-110-stat https://www.nrc.gov/reading-rm/doc-collections/cfr/index.html http://www.va.gov/vapubs/viewPublication.asp?Pub_ID=969 https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=9444 https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=9188 https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=7519 https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=6423 https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=7454 https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=6430 https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=3081 https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=8171 https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID= https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2135 http://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=9174 https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2910 https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=9235

COR: Contracting Officer’s Representative COS: Chief of Staff CPARS: Contractor Performance Assessment Reporting System CPRS: Computerized Patient Recordkeeping System - electronic health record system used by the VA CQI: Continuous Quality Improvement CS: Contract Specialist CT: Computed Tomography DMP: Diagnostic Medical Physicist DRL: Diagnostic Reference Level EMR: Electronic Medical Record HHS: Department of Health and Human Services HICPAC: Healthcare Infection Control Practices Advisory Committee HIPAA: Health Insurance Portability and Accountability Act ISO: Information Security Officer JPSR: Joint Patient Safety Reporting MRI: Magnetic Resonance Imaging NHPP: National Health Physics Program NRSC: National Radiation Safety Committee OEM: Original Equipment Manufacturer PACS: Picture Archiving and Communication System POP: Period of Performance PWS: Performance Work Statement QASP: Quality Assurance Surveillance Plan QAP: Quality Assurance Program RSO: Radiation Safety Officer SPE: Senior Procurement Executive TJC: The Joint Commission TLD: Thermoluminescent Dosimeter VA: Department of Veterans Affairs VHA: Veterans Health Administration VISN: Veterans Integrated Service Network

J. HOURS OF WORK:

1. Normal business hours vary by department or service but are mainly 0800 to 1630. Service shall be coordinated with the Contracting Officer Representative (COR) to minimize the impact to patient care.

2. Federal Holidays: The following holidays are observed by the Department of Veterans Affairs:

✓ New Year’s Day

✓ President’s Day

✓ Martin Luther King’s Birthday

✓ Memorial Day

✓ Independence Day

✓ Juneteenth

✓ Labor Day

✓ Columbus Day

✓ Veterans Day

✓ Thanksgiving

✓ Christmas

✓ Any day specifically declared by the President of the United States to be a national holiday

K. SERVICES TO BE PROVIDED

1. Contractor shall conduct equipment inspections or quality control surveys of the imaging equipment listed below. Ensure the imaging equipment’s compliance with applicable Federal regulations and ACR recommendations, and shall include, but not be limited to, monitoring the following basic performance characteristics.

2. Duties for Diagnostic Medical Imaging including MRI:

a. Performs all testing and ensures policies and procedures are in accordance with current guidelines established by Joint Commission Accreditation, ACR, including VA policy and procedures for all machine sources of ionizing radiation including CT.

b. For MRI services, performs all testing and ensures policies and procedures are in accordance to current guidelines established by Joint Commission Accreditation, ACR, including VA policy and procedures annually.

c. Consults with practitioners and allied health personnel to address the balance between radiation dose and image quality for patient care when necessary.

d. Develops specifications for imaging equipment and diagnostic radiation detectors.

e. Develops procedures for the initial and continuing evaluation of imaging equipment and diagnostic radiation detectors

f. Provides evidence of compliance of imaging equipment with specified regulatory and accreditation agency rules and recommendations by submitting a report of the findings to the COR (contracting officer’s representative).

g. Performs acceptance testing, evaluation, and commissioning of imaging equipment and/or their associated computer systems, algorithms, data, and output as needed for example when a major repair is conducted that effects radiation output.

h. Assesses and evaluates installed shielding designed to protect patients, workers, the public and the environment from radiation produced incident to diagnosis or treatment of humans

i. Applies other medical applications of physics as appropriate to safely carry out diagnostic radiologic procedures.

j. Develops and applies Medical Health Physics procedures associated with the practice of Diagnostic Radiology.

3. Diagnostic Use of Radioactive Materials in Nuclear Medicine:

a. ACR level Performance Testing for two (2) Nuclear Medicine cameras located at BCVAMC.

b. Conducts Nuclear Medicine Service audits and prepares written reports within 30 days on no less than a quarterly basis.

c. Ensures compliance with VA and NRC requirements for the BCVAMC MML permit including record keeping requirements. The contractor shall maintain a backup copy of their work separate from records maintained at the medical centers.

d. Develops and manages policies and procedures for the inventory, receipt, opening, and surveys of packages containing radioactive materials.

e. Ensures shipment of any radioactive materials is performed consistent with regulatory requirements.

f. Performs periodic surveys and wipe tests as needed to ensure dose limits specified in 10 CFR 20 are not exceeded, and that worker and public doses are maintained consistent with as low as reasonably achievable (ALARA) principles.

g. Performs calibrations and quality control checks of radiation survey and other radiation safety instruments.

h. Develops and manages policies and procedures to ensure the security of all radioactive materials is consistent with regulatory requirements.

i. Completes uptake probe/well counter resolution, reproducibility, constancy, and minimum detectable activity (MDA) tests.

j. Ensures radiation survey meter calibrations, radionuclide sealed source inventory and leak tests.

k. Prepares license renewals and amendments.

l. Completes fetal and patient radiation dose estimate calculations as needed.

m. Reviews incidents involving radioactive material with respect to cause and subsequent actions taken and prepare incident reports, and preparation of medical event reports to the NHPP and/or NRC as needed.

n. Provides evidence of compliance of nuclear imaging and radioactivity measurement equipment with regulatory, professional and accreditation agency rules and recommendations.

o. Evaluates nuclear imaging and radioactivity measurement procedures prior to clinical use.

p. Develops and/or evaluates policies and procedures related to the appropriate clinical use of radiation for nuclear imaging, radiopharmaceutical therapy and/or radioactivity measurement purposes.

q. Completes review of radiopharmaceutical dosimetry information noted in patient records

r. Develop and manage of a comprehensive Quality Management Program that monitors, evaluates, and optimizes nuclear imaging and radioactivity measurement processes.

s. Develops, maintains, and evaluates a comprehensive clinical radiation safety program in nuclear medicine.

t. Provides consultation on patient or personnel radiation dose and associated risks.

u. Provides institutional consultation on program development in medical nuclear imaging.

v. Provide s safety training for medical practitioners and other health-care providers.

w. Plans and specifies thickness, material, and placement of shielding needed to protect patients, workers, the public and the environment from radiation produced incident to diagnosis or treatment of humans.

x. Assesses and evaluates installed shielding designed to protect patients, workers, and the public from radiation produced incident to diagnosis or treatment of humans.

y. Applies other medical applications of physics as appropriate to safely carry out nuclear medicine procedures.

z. Is reachable in person or by telephone for emergency situations and or inspections.

aa. Ensures dose calibrator accuracy, linearity, geometry, and daily quality control tests

bb. Serves as a member of the institution's Radiation Safety Committee (RSC)

cc. Serves as a member of the institution's MRI Safety Committee, performs MRI safety audits and training, finalizes decisions regarding overall MRI Safety when necessary

dd. Perform comprehensive quarterly audits of the radiation safety program including MRI and provide written reports to the RSC

ee. Perform an annual review of the radiation safety program consistent with NRC requirements and provide a written report to the RSC and brief executive management of the results

ff. Provide consultation and instruction regarding radiation safety to patients, staff, and for public radiation safety

gg. Plan and specify thickness, material, and placement of shielding needed to protect patients, workers, the public and the environment from radiation produced incident to diagnosis or treatment of humans

hh. Assess and evaluate installed shielding designed to protect patients, workers, and the public from radiation produced incident to diagnosis or treatment of humans

ii. Develop and monitor radiation protection equipment specifications

jj. Develop and monitor procedures for the initial and continuing evaluation of radiation protection equipment and procedures

kk. Monitor compliance with radiation protection, policies and procedures, regulations, accreditation organization(s) standards, and national recommendations

ll. May perform acceptance testing and commissioning of radiation protection equipment and devices and commissioning of facilities

mm. May perform acceptance testing and evaluation of radiation protection computer systems, their algorithms, data, and output

nn. Evaluate radiation safety procedures prior to use

oo. Development, management and evaluate of the radiation safety program

pp. Provide radiation-protection training for medical practitioners, and other health-care providers

qq. Determine presence, evaluate, and assess any radiological hazard resulting from the use of ionizing radiation or radioactivity for compliance with appropriate regulatory and accreditation agencies

rr. Shall always remain up to date any change requirements necessary as mandated by all regulatory agencies

ss. Shall return all urgent phone calls within two (2) hours and non-emergent phone calls within twenty-four (24) hours. Is also able to report, on-site, to respond to incidents/emergencies within four (4) hours when the BCVAMC or WYCBOC deems the physicist’s presence is essential

tt. Review the results of lead garment testing annually

uu. Reviews diagnostic imaging patient dosimetry information

vv. Develops and/or evaluate of policies and procedures related to the appropriate clinical use of radiation for imaging purposes including CT dose optimization protocols

ww. Develops and manage of a comprehensive Quality Management Program that monitors, evaluates, and optimizes imaging processes and delivered patient doses

xx. Consults in the development and/or evaluation of a comprehensive clinical radiation safety program in diagnostic imaging

yy. Consults and reviews patient or personnel radiation dose and associated risks

zz. Provides diagnostic imaging physics training for medical practitioners and other health-care providers aaa. Provides consultation to assure an optimized balance between image quality and patient dose bbb. Provides institutional consultation on program development in diagnostic imaging ccc. Reviews all employee radiation dose reports and makes recommendation when needed

L. QUALIFICATIONS - Diagnostic Medical Physicist (DMP)

1. Holds board certification in diagnostic radiologic physics or radiologic physics by the American Board of Radiology or in Diagnostic Imaging Physics by the American Board of Medical Physics, or in Diagnostic Radiological Physics by the Canadian College of Physicists in Medicine

2. Document the three (3) years of experience for the modality being inspected

3. Meet the ACR Practice Parameter for Continuing Medical Education (ACR Resolution 17, 1996 – revised in 2017, Resolution 11).

4. All work shall be performed or supervised by a board-certified medical physicist who meets the qualifications of a “Qualified Medical Physicist (QMP)” as defined by the American Association of Physics in Medicine (AAPM) for diagnostic medical physics.

5. From AAPM, a Qualified Medical Physicist meets each of the following credentials:

a. Has a master's and/or doctoral degree in physics, medical physics, biophysics, radiological physics, medical health physics, or equivalent disciplines from an accredited college or university

b. Has been granted certification in the specific subfield(s) of medical physics with its associated medical health physics aspects by an appropriate national certifying body and abides by the certifying body's requirements for continuing education

6. Any of the following certifying bodies have been deemed appropriate for diagnostic medical physics:

a. The American Board of Radiology

b. The American Board of Medical Physics (currently ABMP doesn't offer Diagnostic Medical Physics certification but already ABMP certified Diagnostic Medical Physicists can maintain certification)

c. The Canadian College of Physicists in Medicine

d. The American Board of Health Physics including a minimum of three (3) years relevant experience in the subfield of medical health physics

e. Board certification must be maintained throughout the contract performance period.

Documentation verifying that board certification is in good standing and current (e.g., signed & dated certificate and/or letter from the American Board of Radiology) shall be provided by the Contractor to the COR on an annual basis for each year of contract performance. The contractor shall be responsible to ensure all continuing education courses required for maintaining certification always up to date with documentation provided to the VA Contracting Officer’s Representative (COR) upon request. In addition, documentation of the medical physicists’ college degrees is to be provided to the COR upon request.

M. QUALIFICATIONS - Radiation Safety Officer (RSO)

a. Holds board certification in diagnostic radiologic physics or radiologic physics by the American Board of Radiology or in Diagnostic Imaging Physics by the American Board of Medical Physics, or in Diagnostic Radiological Physics by the Canadian College of Physicists in Medicine

b. Document the three (3) years of experience for the modality being inspected

c. Meet the ACR Practice Parameter for Continuing Medical Education (ACR Resolution 17, 1996 – revised in 2017, Resolution 11).

d. The applicant must provide documentation sufficient to be named as RSO on the BCVAMC Master

Materials License permit. Qualifications and regulatory requirements of the RSO are specified by NRC regulations 10 CFR 35. As the VA holds a MML with the NRC, the National Health Physics Program (NHPP) is the current governing body regarding approval of amendments to the BCVAMC permit. The NHPP reviews qualifications: including the applicant RSO’s past performance on other licenses or permits. The contractor shall provide all relevant documentation responsive to NHPP as needed to amend the permit and be named as RSO. Failure to provide sufficient documentation shall result in termination of the contract.

e. Shall meet all VA educational requirements and mandatory course requirements defined herein; all training must be timely completed by the contract providers as required by the BCVAMC.

f. All work shall be performed or supervised by a board-certified medical physicist who meets the qualifications of a “Qualified Medical Physicist (QMP)” as defined by the American Association of Physics in Medicine (AAPM) for diagnostic medical physics.

g. From AAPM, a Qualified Medical Physicist meets each of the following credentials:

a. Has earned a master's and/or doctoral degree in physics, medical physics, biophysics, radiological physics, medical health physics, or equivalent disciplines from an accredited college or university

b. Has been granted certification in the specific subfield(s) of medical physics with its associated medical health physics aspects by an appropriate national certifying body and abides by the certifying body's requirements for continuing education.

h. Any of the following certifying bodies have been deemed appropriate for diagnostic medical physics:

a. The American Board of Radiology

b. The American Board of Medical Physics (currently ABMP doesn't offer Diagnostic Medical Physics certification but already ABMP certified Diagnostic Medical Physicists can maintain certification)

c. The Canadian College of Physicists in Medicine

d. The American Board of Health Physics including a minimum of three years relevant experience in the subfield of medical health physics

e. Board certification must be maintained throughout the contract performance period.

Documentation verifying that board certification is in good standing and current (e.g. signed and dated certificate and/or letter from the American Board of Radiology) shall be provided by the Contractor to the COR on an annual basis for each year of contract performance. The contractor shall be responsible to ensure all continuing education courses required for maintaining certification always up to date with documentation provided to the VA Contracting Officer’s Representative (COR) upon request. In addition, documentation of the medical physicists’ college degrees is to be provided to the COR upon request.

N. GOVERNMENT RESPONSIBILITIES:

1. Contract Administration/Performance Monitoring: After award of contract, all inquiries and correspondence relative to the administration of the contract shall be addressed to:

a. CO – Brandi Holland | brandi.holland2@va.gov

b. CS – Jennifer Bowden | jennifer.bowden@va.gov

c. COR – Tracy Carter | 269-966-5600 x36370 | tracy.carter@va.gov

2. CO/CS Responsibilities:

a. The CS will administer the contract and will be contacted by the COR/Contractor if concerns arise.

CO is the only person authorized to approve changes or modify any of the requirements of this contract. Only the CO is authorized to make commitments or issue any modification to include (but not limited to) terms affecting price, quantity, or quality of performance of this contract.

b. CO is final authority on validating complaints. In the event the Contractor effects any such change at the direction of any person other than the CO without authority, no adjustment shall be made in the contract price to cover an increase in costs incurred as a result thereof

c. If contracted services do not meet quality and/or safety expectations, the best remedy will be implemented, to include but not limited to a targeted and time limited performance improvement plan; increased monitoring of the contracted services; consultation or training for the contract staff to be provided by the VA; replacement of the contract staff and/or renegotiation of the contract terms or termination of the contract.

3. COR Responsibilities:

a. The COR shall be the VA official responsible for verifying contract compliance. After contract award, any incidents of Contractor noncompliance as evidenced by the monitoring procedures shall be forwarded immediately to the CO

b. The COR will be responsible for monitoring the Contractor’s performance to ensure all specifications and requirements are fulfilled. Quality Improvement data that will be collected for ongoing monitoring

c. The COR will maintain a record-keeping system of services and review this data monthly when invoices are received and certify all invoices for payment by comparing the hours documented on the VA record-keeping system and those on the invoices. Any evidence of the Contractor's non-compliance as evidenced by the monitoring procedures shall be forwarded immediately to the CS

d. The COR will review and certify monthly invoices for payment. In the event the Contractor fails to provide the services in this contract, payments will be adjusted to compensate the Government for the difference

e. All contract administration functions will be retained by the VA

O. EQUIPMENT LIST

BATTLE CREEK VAMC

MANUFACTERER MODEL/NAME LOCATION NO SITE # SERIAL #

Hologic Discovery Wver

4.0.2 2231-2 132206 87371

Siemens C-cam 2270-2 132488 400-429726 C. Cam - 1745

Phillips Eleva Dr 2228 Room 3 mx1732069

Toshiba Aquillion Prime 2269-2 143607 30002699 FOB16x2133 mailto:brandi.holland2@va.gov mailto:tracy.carter@va.gov

TSX-303a

Toshiba Radrex DRAD-

3000E 2233-2 143009 30008139 U8B1662030

Philips Easy Diagnost

Elva 2236 mx1646292

Phillips Skyflow 0017-2 mx1686604 616966AMX41 521167wk7

Phillips Skyflow 150-82 mx1686598 269966amx4 1011791wk9

Toshiba MRI MRI-1504 108-82MRI 132701 362189 U4A1342030

Ludlum Measurements

Survey Meter 14c

2271B-2 119790 247219

Survey Meter

2271B-2 126973 267278

Survey Meter

2271B-2 126974 267284

Bicorn Radiac Survey

2271b-2 7933 A208M

GE

GE discovery

2271-2 mx1963104

Captus 3000 2271-2 116874 2545sb1

Capentec Dose Calibrator

CRC-25w 2271-2 126525 152070

Pinestar Dose

Management Computer

2271-2 132594 VHABACNMIS1 G26TFX1

Aribex Inc NOMAD PRO 2264-2 119698 AX01230812

Planmeca IXW65 Intraoral x-ray 2247-2 mx1254955 itha55274

2242-2 129782 itha54709

2243-2 117003 itha55302

2257-2 mx2438509

2241-2 117005 itha55305

2256-2 130791

2246-2 mx2438473 itha 55295

2245-2 mx2438484

2263-2 MX 2279861

Planmeca 2262-2 ITPX19016220

2238-2 127866 ITHc82250

Planmeca Promax 2d Panoramic

2240-2 118111 RPX236533

WYOMING CBOC

GE Medical C-arm OEC 9900elite

1J129-HCC 142225 E2-5082 rm3394

Philips Easy Diagnost

Eleva Release 5

2H114-HCC 138522 62634084 363

Philips Eleva DR 2H116 mx1745576

Toshiba

AQUILION

PRIME TSX-

303A/5L

2H111-HCC 138505 30009227 sid 5LB14X2091

Hologic DEXA 2H109-HCC 139568 200131

Planmeca Pro X 1F128-HCC 140641 IPX012871

Pro X 1F127-HCC 140642 IPX012876

Pro X 1F123-HCC 140644 IPX012872

Pro X 1F121-HCC 140645 IPX012868

Pro X 1F119-HCC 140646 IPX012866

Pro X 1F117-HCC 140647 IPX012889

Pro X 1F116-HCC 140648 IPX012881

Pro X 1F114-HCC 140649 IPX012867

Pro X 1F113-HCC 140650 IPX012870

Pro X 1F111-HCC 140652 IPX012869

Pro X 1F107-HCC 140653 IPX012865

Promax 2d and

3d

1F126 140483 TPX358632

SECTION C - CONTRACT CLAUSES

C.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

FAR Number Title Date

52.203-17

CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM

EMPLOYEES OF WHISTLEBLOWER RIGHTS

JUN 2020

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER MAY 2011

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL JAN 2011

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE AUG 2020

52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION JAN 1997

52.245-1 GOVERNMENT PROPERTY ALTERNATE I (APR 2012) SEP 2021

852.242-71 ADMINISTRATIVE CONTRACTING OFFICER OCT 2020

C.2 FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021)

(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 http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/ relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition

Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers.

The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for

Award Management), or applicable agency procedures.

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

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of

Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

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

(i) Payment.—

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31

U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

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

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice.