36C25526Q0077.docx
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- Attached to
- J065--Medical Physicist Testing, KC Federal contract opportunity
- Solicitation number
- 36C25526Q0077
About this file
This document is a Request for Quote (RFQ) for Medical Physicist Testing Services issued by the Department of Veterans Affairs (VA) Eastern Kansas Health Care System. The solicitation (36C25526Q0077) seeks a qualified Diagnostic Medical Physicist to perform comprehensive performance testing and support services for various medical imaging equipment at multiple VA facilities, including the Kansas City VA Medical Center and associated clinics.
The contract is a total small business set-aside with a base year and four one-year option periods, starting 12-31-2025. Services include annual testing and auditing of medical equipment such as CT, MRI, nuclear medicine SPECT/CT, PET/CT, and fluoroscopy systems, with requirements to ensure compliance with ACR, Joint Commission, and VA regulations. The physicist will conduct detailed performance testing, radiation safety assessments, protocol optimization, dose monitoring, and provide 24/7 consultation services. Evaluation will be based on technical capability, past performance, and price, with technical and past performance significantly more important than price. Offers are due by 10:00 AM CST on 11-24-2025, with a total contract value estimated around $19 million.
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36C25526Q0077
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
589-26-1-1837-0007 36C25526Q0077 11-13-2025 Dixon Jr., Paul 913-946-1109 11-24-2025
10:00 AM
CST
36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth
KS
66048-5055 X X Y 541690 $19 Million N/A X Department of Veterans Affairs Eastern Kansas Health Care System See Delivery Schedule in Section B
36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth
KS
66048
36C255
Financial Services Center http://www.fsc.va.gov/einvoice.asp Austin
TX
877-353-9791 512-460-5429 See CONTINUATION Page Base Year plus (4) One-Year Option Service Contract for Performance Testing Services : CT, MRI, for Imaging Equipment to include Nuclear Medicine SPECT/CT, PET/CT, and Fluoroscopy at the Harry S. Truman Memorial Veteran's Hospital, per the attached PWS and Price/Cost Schedule.
This is a total SB set-aside Evaluation Criteria: Best Value Complete responses must be submitted NLT 2:00pm CST on Wednesday, November 19, 2025 to paul.dixon@va.gov See CONTINUATION Page 589-3660160-1837-820100-2520 010050101 X X X
CLINS 0001-4001
Paul Dixon Jr.
Contracting Officer Table of Contents
| SECTION A | 1 |
| A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES | 1 |
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 3 |
| B.1 CONTRACT ADMINISTRATION DATA | 3 |
| B.2 PRICE/COST SCHEDULE | 17 |
| ITEM INFORMATION | 17 |
| SECTION C - CONTRACT CLAUSES | 20 |
| C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023) | 20 |
| C.2 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) | 26 |
| C.3 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018) | 26 |
| C.4 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020) | 28 |
| C.5 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022) | 29 |
| C.6 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018) | 29 |
| C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION FEB 2025) | 29 |
| SECTION E - SOLICITATION PROVISIONS | 38 |
| E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023) | 38 |
| E.2 52.204-7 SYSTEM FOR AWARD MANAGEMENT (NOV 2024) | 42 |
| E.3 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020) | 43 |
| E.4 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) | 45 |
| E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION FEB 2025) | 45 |
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
1. Contract Administration: All contract administration matters will be handled by the following individuals:
a. CONTRACTOR:
b. GOVERNMENT: Contracting Officer 36C255 Paul Dixon Jr.
Network Contracting Office (NCO) 15
3450 S 4th Street Trafficway Leavenworth KS 66048-5055
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
| [X] |
| 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or |
| [] |
| 52.232-36, Payment by Third Party |
3. INVOICES: Invoices shall be submitted in arrears:
| a. Quarterly | [] |
| b. Semi-Annually | [] |
| c. Other | [X] After receipt of goods and services (monthly in arrears) |
4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
| AMENDMENT NO |
| DATE |
Page 1 of Page 1 of Performance Work Statement (PWS) Physicist Testing Services
Part I: General Information The Kansas City VA Medical Center (KCVA) has a requirement for Performance Testing Services to be completed by a qualified Diagnostic Medical Physicist (DMP) with American Board of Radiology (ABR) Certification for Imaging Equipment Listed in Attachment 1. The equipment includes, but is not limited to: CT, MRI, Nuclear Medicine SPECT/CT, PET/CT, Radiology and Fluoroscopy.
Part II: Scope of Work
· The annual testing schedule will be coordinated with the Contracting Officers Representative (COR), Radiation Safety Officer (RSO) and Health Technology Management (HTM) Office. The Contractor shall provide assistance with the Radiation Safety Program, records documentation pertaining to equipment inspections and exposure reports, computed tomography (CT) protocol optimization, Fluoroscopy protocol optimization, radiation protection shielding calculation and room design, inspection of radiation protection shielding, 24 hours per day 7 days per week telephone consulting services, performance testing of all new or relocated imaging equipment prior to first clinical use, and STAT or URGENT testing. This service must meet requirements of the National Health Physics Program, Veterans Health Administration, Joint Commission, and the American College of Radiology requirements as listed in Part II of this document.
· Annual Services to Be Performed:
· The contractor shall provide the below listed services for the KCVA campus, travel expenses, tools, test equipment and other incidentals necessary to test, survey or certify the listed equipment to the standards as outlined in the services sections below.
· This requirement is a base plus one-year contract with a certified physicist. Physics inspections shall include testing for all radiation producing equipment at Eastern Kansas. This shall also include quarterly nuclear medicine audits for all facility hot labs. Testing shall include current list as well as testing taking place on repaired equipment and newly received equipment.
· The contractor shall perform American College of Radiology (ACR) Performance Testing on the imaging equipment (x-ray equipment, nuclear medicine cameras, PET/CT cameras, and MRIs) inspections to ensure compliance with the current American College of Radiology (ACR) requirements. All required testing equipment shall be provided by the contractor. Any deficiencies or non-conformances discovered during the inspection shall be verbally communicated to the Radiation Safety Officer (RSO) prior to the qualified Diagnostic Medical Physicist leaving the facility. Deficiencies or non-conformances which represent unsafe conditions with the potential to adversely impact the facility radiation workers or patients shall be reported to the RSO immediately upon discovery. A written report of the results shall be provided to the RSO within 3 working days after completion of the inspection. All imaging equipment shall be inspected at least annually, not to exceed 13 months. QC testing performed by facility personnel shall be reviewed by the Contractor.
· The contractor shall perform, upon request, performance testing of all new or relocated imaging equipment prior to first clinical use. The performance testing shall comply with the most recent ACR or MQSA requirements. Any deficiencies or non-conformances discovered during the inspection shall be verbally communicated to the RSO prior to the contractor leaving the facility. Deficiencies or non-conformances which represent unsafe conditions with the potential to adversely impact the facility radiation workers or patients shall be taken out of service and reported to the RSO immediately upon discovery. A written report of the results shall be provided to the RSO and HTM office within 3 working days after completion of the inspection.
· The Contractor shall perform a full inspection of imaging equipment after repairs or modifications that may affect the radiation output or image quality. The inspection shall be completed within 1 working days after the facility contacts the physicist, prior to any patient care taking place. Any deficiencies or non-conformances discovered during the inspection shall be verbally communicated to the RSO prior to the contractor leaving the facility. Deficiencies or non-conformances which represent unsafe conditions with the potential to adversely impact the facility radiation workers or patients shall be taken out of service and reported to the RSO immediately upon discovery. A written report of the results shall be provided to the RSO within 3 working days after completion of the inspection.
· Annual requirements shall be complete during month determined after the commencement of the contract in fiscal year 2026.
· The Contractor shall provide consultation for additional services for safety training (as needed) and shielding integrity surveys.
· The Contractor shall review CT and fluoroscopy protocols and include dose reduction techniques where applicable at least annually.
· The Contractor shall provide shielding design calculations, upon request for each new, replaced, or relocated x-ray imaging system. The calculations for each shall comply with the National Council for Radiation Protection and Measurements (NCRP) Report No. 147 (or the most recent version), and, for dental units, NCRP Report No. 145 (or the most recent version) and shall be documented in a written report which includes a diagram showing adjacent areas. The qualified diagnostic medical physicist shall perform a shielding survey to verify the structural shielding was installed per the shielding design report and complies with the design goals. A written report of the shielding survey shall be provided to the RSO and HTM office within 3 working days after the shielding survey has been completed.
· The Contractor shall assist on-site QM Technologist in the development of a comprehensive technical quality assurance (QA) program (e.g., technique charts, repeat/reject analysis monitoring, monitoring of exposure indices to radiographic image receptors, QA program for display monitors, QA for CT, monitoring of dose metrics from fluoroscopy studies), which complies with the most current ACR recommendations, for all modalities.
· The annual performance evaluation conducted by the contractor shall include testing of image acquisition display monitors for maximum and minimum luminance, luminance uniformity, resolution, and spatial accuracy. The image acquisition display monitors including, but not limited to nuclear medicine, PET, CT, and MRI shall be tested.
Additional Services:
· Provide 24/7 Physicist Telephone/Fax Consultation for the following:
a. Assist with the KCVA Radiation Safety program and ensure that required Federal records are properly documented and maintained.
b. Assist in monitoring patient radiation doses during procedures.
c. Assist in estimating fetal radiation dose calculations using an ACR Certified Diagnostic Physicist.
d. Assist during scheduled procedures when requested and provide instruction to hospital personnel as required by hospital accreditation agencies.
e. Assist with preparing over-exposure reports for personnel radiation exposures.
f. Assist with a review of incidents involving diagnostic x-ray equipment cause and actions taken.
· Services to be provided as needed:
a. Inspect/evaluate additional imaging equipment as necessary due to equipment.
b. Acquisition and or repair/replacement of existing equipment up to 12 times per year.
c. Design and calculation of radiation protection shielding up to 5 times per year.
d. Inspection of radiation protection shielding up to 5 times per year.
e. Computed Tomography (CT) protocol optimization annually/scanner up to 3 scanners.
f. Fluoroscopy protocol optimization annually/scanner up to 3 scanners.
Part III: Supporting Information:
· Information Security Contractor shall adhere to HIPPA/Privacy rules required by VAMC, reports violations per VA Directive 6500.6.
· Response Time Contractor shall respond by phone within two hours when services are requested. Contractor shall be on-site for equipment inspection within 3 hours of notification for downtime that effects direct patient care.
· Place of Performance The place of performance will be at the Kansas City VA Medical Center and associated community based outpatient clinics as follows.
· Main campus located at 4801 Linwood Blvd., Kansas City, MO 64128.
· Honor Clinic located at 4251 Northern Avenue, Kansas City, MO 64133-1593.
· Lenexa Clinic located at 15512 West 113th Street, Lenexa, KS 66219-5100.
· Overland Park Clinic located at 10500 Mastin Street, Overland Park, KS 66207-5717.
· Hours of Work
· All routine services must be performed between the hours of 7:00AM and 3:00PM Monday through Friday. Services may require STAT or URGENT response times. In the event a piece of radiology equipment experiences repairs a physicist will be required to test the equipment prior to patient care resuming.
· Normal business hours vary by department/section. Service shall be coordinated as necessary to reduce impact to patient care.
· Emergency hours of work are defined as 24hours per dayx7days a weekx365days a year. Non-emergent hours of work for are defined as Monday through Friday from 7 a.m. to 3:00 p.m. EST, excluding federal holidays, or as otherwise arranged with the Contracting Officer Representative (COR). Telephone consultations shall be available 24hours per day.
· The ten holidays observed by the Federal Government are New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day. Also, any other day declared by the President of the United States to be a national holiday.
· Work performed outside of normal working hours of coverage must be requested by the Contracting Officer's Representative, RSO or HTM Office.
· Period of Performance This requirement will be for a base plus four year POP, beginning on the date of award.
· Qualifications of Key Personnel
· American Board of Radiology Certified Diagnostic Medical Physicists.
· Contract Specifics
· All services for this contract must meet manufacturers’ performance and technical specifications, ISO standards, State, Federal, FDA device certification and other specifications that may apply such as NRC, NHHP and ACR regulations and guidelines, Joint Commission (JC), and VA Regulations. Also, Contractor shall provide hardcopy proof, upon request by COR, that on-site servicing contracting entities are qualified and certified Medical Physicists. Contractor service representative shall report to the RSO in Kansas City or the HTM Supervisor prior to beginning services.
· The contractors shall not have access to the VISTA computer network, nor shall the contractor access any PHI and or PII (electronic or hardcopy) at any time.
· The contractor shall ONLY respond to service calls placed from COR or designee. Contractor shall respond to COR contact by telephone within two hours and be on-site for services within three hours unless otherwise specifically required by specific date when on-site services are required.
· Contractor shall not perform any service that will result in additional charges without prior approval from the VISN 15 Contracting Officer.
· All contractor personnel must report to the COR or, the Healthcare Technology Management Department to sign in before any work is performed on the premises of the KCVA campuses, and to sign out after completion of assignment. The contractor must furnish a detailed field service report, or equivalent, showing work completed to maintain operating efficiency of the equipment. Payment will be withheld pending receipt of this report.
· There is a potential for exposure to blood borne or other infectious material with equipment throughout the hospital. All maintenance persons must use the “Universal Precautions” (i.e. decontamination of medical equipment, wearing protective gloves, aprons, and goggles) during cleaning and maintenance/repair procedures required by this contract.
Services Section A
MEDICAL PHYSICS SERVICES FOR NUCEARL MEDICINE AND PET/CT
(Annual Visit and Quarterly Visit)
The services listed below will be provided by a qualified Medical Physicist. The physicist will visit the facility for whatever length of time is necessary for the performance of these services. The tests will be performed to help ensure compliance with applicable State, Federal, NRC, Joint Commission, NHHP, and ACR regulations and guidelines.
All quarterly requirements shall be completed in three-month intervals, with the specific timing to be determined following contract initiation. Semi-annual requirements shall be scheduled to coincide with designated quarterly intervals, with the applicable months to be identified post contract initiation. Annual requirements shall likewise be aligned with a specified quarterly interval, to be determined after the commencement of the contract.
1. Calibration of the following instrumentation:
a. Quarterly calibration of the dose calibrator for linearity and accuracy. Geometrical variation will be done after repair or replacement.
b. Quarterly E-dial resolution checks (full width half maximum) and Chi-square measurements on all probe devices and well counters.
c. Quarterly review of daily floods and weekly bar phantom resolution checks.
d. Annual efficiency determination for well/uptake systems used for routine wipe test evaluations.
2. Quarterly checks of all records and surveys (dosimeters, disposition records, waste disposal, floods, etc.) as required for compliance with federal, state, and NRC regulations. Quarterly reports will be done in the same month as quarterly performance of each year.
3. Quarterly review of the Quality Management program for the completeness accuracy. Annual summary to be presented to the Radiation Safety Committee.
4. Provide annual ALARA summary for the RSO. Annual summary will be presented to the Radiation Safety Committee.
5. Provide annual review of Radiation Safety Program.
6. Perform quarterly leak test and inventories for all sealed sources.
7. Provide health physics support in all phases of the radiation protection as required by 10D-91
8. Provide dosimetry/fetal dose calculations.
9. Annual review of Computed Tomography (CT) protocols to ensure they adhere to current standards of practice.
Annual Camera (SPECT/CT and PET/CT) Evaluation Test for ACR Accreditation The requirements of the ACR for compliance with the Quality Control Program required of ACR accredited facilities includes the following items as tests which must be performed at least annually. This evaluation should include, but not be limited to, the following tests (as applicable).
Annual requirements shall be completed during the month set for annual performance.
1. Intrinsic Uniformity
2. System Uniformity for all collimators
3. Intrinsic or system spatial resolution
4. SUV Analysis
5. System sensitivity
6. Energy resolution
7. Count Rate parameters
8. Image printers/video display
9. Overall system performance for SPECT and PET systems
10. System interlocks
11. Dose calibrators
12. Thyroid uptakes and counting systems
If the camera accreditation is limited to planar imaging only the overall SPECT and PET performance does not apply.
The last two items on this list are checked quarterly and the report of the last evaluation is simply added to the report of the camera evaluation.
The test listed here for the camera evaluation must be performed on each detector on the system.
These are the same tests that must be performed for application for ACR accreditation or renewal of the ACR accreditation (every three years).
Services Section B
MEDICAL PHYSICS SERVICES FOR DIAGNOSTIC RADIOGRAPHIC AND FLUOROSCOPIC EQUIPMENT
(Annual Visit)
The services below will be provided by a qualified Medical Physicist on an annual basis. The physicist will visit the facility for whatever length of time is necessary for the performance of these services, BRH, NCRP, Joint Commission, and state and federal guidelines will be used in the performance of these tests. This evaluation should include, but not be limited to, the following tests (as applicable).
Annual requirements shall be completed during the month set for annual performance.
1. Determine x-ray beam, light beam alignment for radiographic and Fluoroscopy units.
2. Measure the tabletop or patient entrance dose on all Fluoroscopy units. Measure photo-timed spot film exposure when possible.
3. Visual inspection of cables, operator’s booth requirements, meters, and switches.
4. Determine the half-value layer on all radiographic and Fluoroscopy tubes.
5. Perform mAs 0ity and exposure/timer reproducibility checks on radiographic units. Photo-timed reproducibility will be checked on those units equipped with photo-timing.
6. Measure the exposure in air under fixed and photo-timed conditions where possible on all radiographic equipment.
7. Perform kVp calibration check using non-invasive measurements.
8. Determine Fluoro resolution.
9. C-arm units will be checked in all Fluoroscopy modes. Maximum output for all clinically used settings.
10. Integrity of unit assembly.
11. Fluoroscopic system resolution.
12. Automatic exposure control system performance.
13. Fluoroscopic automatic brightness control performance (high-dose-rate, pulsed modes, field-of-view [FOV] variation).
14. Image artifacts.
15. Fluoroscopic phantom image quality.
16. kVp accuracy and reproducibility.
17. Linearity of exposure versus mA or mAs.
18. Exposure reproducibility.
19. Timer accuracy.
20. Beam quality assessment (half-value layer).
21. Image receptor entrance exposure.
22. Equipment radiation safety functions.
23. Patient dose monitoring system calibration.
24. Video and digital monitor performance.
25. Digital image receptor performance.
26. Grids used with portable x-ray units shall be imaged for uniformity.
Services Section C
MEDICAL PHYSICS SERVICES FOR CT UNITS
(Annual Visit)
The services below will be provided by a qualified Medical Physicist on an annual basis. The tests will be performed to help ensure compliance with applicable State, Federal, and Joint Commission and ACR regulations and guidelines. The physicist will visit the facility for whatever length of time is necessary for the performance of these tests.
This evaluation should include, but not be limited to, the following tests (as applicable).
Annual requirements shall be completed during the month set for annual performance.
1. Measure CT dose profile for all available beam profile widths.
2. Review and signature of all CT protocols.
3. Calculate CT dose indexes for the common exams performed on the scanner.
4. Determine the high and low contrast resolution for the facility’s adult head, Adult Abdomen, Pediatric Head, Pediatric Abdomen and High-Resolution Chest protocols.
5. Evaluate image uniformity for any rings or artifacts.
6. Measure CT numbers for water, high contrast insert, and low contrast insert to monitor image noise.
7. Measure slice thickness accuracy for all available slice thicknesses.
8. Check internal and external light positioning accuracy.
9. Table Travel Accuracy.
10. Check slide location/light alignment.
11. Perform a radiation scatter survey inside the scanner room, inside control booth and in the surrounding area to ensure the radiation safety of personnel in the area.
12. Review the facility quality control program for compliance with Joint Commission and State and Federal requirements.
13. Review of Clinical Protocols for dose optimization.
14. Scout Prescription and Alignment Light Accuracy.
15. Spatial Resolution.
16. Artifact Evaluation.
17. CT Number Uniformity.
18. Dosimetry (the scanner displayed CTDIvol values must be within +/- 20% of the measured CTDIvol values).
19. Gray Level Performance of CT Acquisition Display Monitors.
Services Section D
MEDICAL PHYSICS SERVICES FOR MRI UNITS
(Annual Visit)
The services below will be provided by a qualified Medical Physicist on an annual basis. The tests will be performed to help ensure compliance with applicable State, Federal, and Joint Commission and ACR regulations and guidelines. The physicist will visit the facility for whatever length of time is necessary for the performance of these tests.
This evaluation should include, but not be limited to, the following tests (as applicable).
Annual requirements shall be completed during the month set for annual performance.
| 1. | Geometric Accuracy |
| 2. | High Contrast Spatial Resolution |
| 3. | Slice Thickness Accuracy |
| 4. | Slice Position Accuracy |
| 5. | Image Uniformity |
| 6. | % Signal Ghosting Ratio |
| 7. | Low Contrast |
| 8. | Inter-slice RF Interference |
| 9. | Coil Performance: |
a. Volume coils signal-to-noise ratio
b. Volume coils image uniformity
c. Volume coils Ghosting Ratios
d. Surface coils signal-to-noise ratio
| 10. | Image Artifact Evaluation |
| 11. | Magnet Visual Inspection |
| 12. | Magnetic Field Uniformity |
| 13. | Evaluation of site’s Technologist QC Program. |
Services Section E
MEDICAL PHYSICS SERVICES FOR DENTAL
(Annual Visit)
The services below will be provided by a qualified Medical Physicist on an annual basis. The tests will be performed to help ensure compliance with applicable State, Federal, and Joint Commission and ACR regulations and guidelines. The inspection shall conform to the Conference of Radiation Control Program Directors (CRCPD), Quality Control Recommendations for Diagnostic Radiography Volume 1 Dental Facilities (most recent version). The physicist will visit the facility for whatever length of time is necessary for the performance of these tests. This evaluation should include, but not be limited to, the following tests (as applicable).
1. Collimation
2. Beam quality (half value layer)
3. Timer Accuracy and Reproducibility
4. kVp Accuracy and Reproducibility
5. mA or mAs Linearity
6. Exposure Reproducibility
7. Entrance Skin Exposure Evaluation
8. Technique Chart Evaluation
9. Image uniformity (artifact evaluation)
Dental CBCT Acceptance and Performance Testing
Acceptance Testing. Acceptance testing and measurements of air kerma at the isocenter for each kVp station for a range of clinically used mAs settings shall be performed initially when the CBCT unit is installed and following any move of the CBCT to another area inside or outside the initial clinical site. This testing is to ensure that the equipment performance is in agreement with the manufacturer’s technical specifications.
Performance Testing. Each CBCT unit shall undergo periodic quality control tests to ensure that the performance of the machine has not significantly deteriorated and is operating within the manufacturer’s technical specifications. This performance testing is performed by a qualified expert annually, at intervals not to exceed 13 months, and after repairs to the CBCT unit that may affect the radiation output or image quality.
Some manufacturers provide a phantom and procedures to perform machine specific quality assurance (QA) tests. In cases where the manufacturer provides a phantom and procedures to perform specific tests, but the tests are not included in this PWS, then the manufacturer’s machine-specific QA tests may be performed in addition to the QA tests in this PWS.
Acceptance and Annual physics testing for Dental CBCT
Radiation output Repeatability Make four measurements of the air kerma at the isocenter at a clinically used setting. The measurements should be less than +/-5% of the average of the five measurements and the measurements should be less than +/- 5% of the previous year’s measurement.
Radiation Output Reproducibility Measure the air kerma at the isocenter for each kVp station and a range of clinically used mAs setting. Compare the results to the baseline values established at the initial acceptance testing. The values should be +/-5% of the baseline.
Beam quality Measure the half value layer (HVL) for aluminum. The minimum shall comply with the Suggested State Regulations for Control of Radiation or recognized National standards.
Radiation field of view (FOV) Measure the width of the radiation field at the isocenter. The width of the beam should be 3 mm or 30% of the total nominal collimated width.
Image Quality Image the phantom provided by the manufacturer or another suitable phantom. Assess high contrast spatial resolution, uniformity of transaxial images, and image noise. Imaging uniformity shall be assessed over the entire range of axial images.
Accuracy of Linear Measurements Using images of an appropriate phantom, assess the accuracy of distance Measurements.
Accuracy of Patient Dose Metric Indication Assess the accuracy of the indicated dose metric (typically DAP).
Patient Dose Assessment From a scan or scans using the facility’s standard techniques, record the dose metric (typically DAP) and compare to achievable levels and diagnostic reference levels (if available).
Review of the technical QA program The Contractor shall review the technical QA program. The review shall include a trend analysis of the QA data. The results of the technical QA program review shall be included in the written report. Any trends that identify problems shall be included in the report along with recommended corrective actions.
Services Section F Inventory of Items Requiring Service
| Equipment Entry # |
| VA Equipment Category |
| Manufacturer |
| Model |
| Serial Number |
| 305221 |
| PATIENT MOTION MGMT SYS: RADIOTHERAPY: BREATHING |
| VARIAN ASSOCIATES |
| AZ-733VI |
| W1611260 |
| 304585 |
| RADIOGRAPHIC UNITS: DENTAL |
| KERR (USA) |
| NOMAD PRO 2 |
| 1029811 |
| 304584 |
| RADIOGRAPHIC UNITS: DENTAL |
| KERR (USA) |
| NOMAD PRO 2 |
| 1029810 |
| 291015 |
| SCANNING SYSTEMS: CT |
| CANON MEDICAL SYSTEMS |
| AQUILION ONE GENESIS |
| 6LD2292101 |
| 277962 |
| DENTAL PROSTHESIS DESIGN: COMPUTER-AIDED |
| DENTSPLY INTERNATIONAL INC |
| CEREC PRIMESCAN |
| 115087 |
| 267524 |
| RADIOGRAPHIC UNITS: DENTAL |
| KERR (USA) |
| NOMAD PRO 2 |
| 1018830 |
| 267523 |
| RADIOGRAPHIC UNITS: DENTAL |
| KERR (USA) |
| NOMAD PRO 2 |
| 1018823 |
| 267522 |
| RADIOGRAPHIC UNITS: DENTAL |
| KERR (USA) |
| NOMAD PRO 2 |
| 1018954 |
| 267521 |
| RADIOGRAPHIC UNITS: DENTAL |
| KERR (USA) |
| NOMAD PRO 2 |
| 1018832 |
| 267520 |
| RADIOGRAPHIC UNITS: DENTAL |
| KERR (USA) |
| NOMAD PRO 2 |
| 1019033 |
| 256794 |
| RADIOGRAPHIC SYSTEMS: DIGITAL |
| PHILIPS HEALTHCARE NORTH AMERICA |
| DIGITAL DIAGNOST |
| 20085290 |
| 249613 |
| R/F SYSTEMS: CARDIOVASCULAR |
| PHILIPS |
| AZURION 7 C20 |
| 2483 |
| 248724 |
| SCANNING SYSTEMS: CT |
| CANON |
| AQUILION ONE |
| 6LC2152059 |
| 247653 |
| RADIOGRAPHIC UNITS: MOBILE |
| CARESTREAM HEALTH |
| DRX-Revolution |
| 7807 |
| 247652 |
| RADIOGRAPHIC UNITS: MOBILE |
| CARESTREAM HEALTH |
| DRX-Revolution |
| 7806 |
| 247651 |
| RADIOGRAPHIC UNITS: MOBILE |
| CARESTREAM HEALTH |
| DRX-Revolution |
| 7805 |
| 247650 |
| RADIOGRAPHIC UNITS: MOBILE |
| CARESTREAM HEALTH |
| DRX-Revolution |
| 7804 |
| 247649 |
| RADIOGRAPHIC UNITS: MOBILE |
| CARESTREAM HEALTH |
| DRX-Revolution |
| 7803 |
| 247648 |
| RADIOGRAPHIC UNITS: MOBILE |
| CARESTREAM HEALTH |
| DRX-Revolution |
| 7802 |
| 244192 |
| SCANNING SYSTEMS: CT/SPECT |
| SIEMENS CORP |
| SYMBIA INTEVO BOLD |
| 1400 |
| 234836 |
| RADIOGRAPHIC SYSTEMS: DIGITAL |
| PHILIPS HEALTHCARE NORTH AMERICA |
| DIGITAL DIAGNOST |
| 20000136 |
| 218358 |
| DENSITOMETERS: BONE: X-RAY |
| HOLOGIC |
| HORIZON A |
| 303371M |
| 215133 |
| SCANNING SYSTEMS: MRI |
| GE HEALTHCARE |
| SIGNA ARTIST 1.5T |
| HM2091 |
| 209809 |
| SCANNING SYSTEMS: GAMMA CAMERA |
| SPECTRUM DYNAMICS |
| D-SPECT |
| 12045 |
| 208365 |
| RADIOGRAPHIC SYSTEMS: DIGITAL |
| PHILIPS HEALTHCARE NORTH AMERICA |
| DIGITAL DIAGNOST |
| 18000309 |
| 207101 |
| R/F UNITS: MOBILE |
| GE HEALTHCARE USA |
| OEC 9900 ELITE |
| KS01371/FBXXXE00513 |
| 200375 |
| RADIOGRAPHIC SYSTEMS: DIGITAL |
| PHILIPS HEALTHCARE NORTH AMERICA |
| DIGITAL DIAGNOST |
| 18000044 |
| 200374 |
| RADIOGRAPHIC SYSTEMS: DIGITAL |
| PHILIPS HEALTHCARE NORTH AMERICA |
| DIGITAL DIAGNOST |
| 17000303 |
| 196869 |
| SCANNING SYSTEMS: MRI |
| GE HEALTHCARE USA |
| OPTIMA MR450W 1.5T |
| HM1401 |
| 192281 |
| R/F SYSTEMS: GENERAL-PURPOSE |
| SIEMENS CORP |
| AXIOM LUMINOS AGILE MAX |
| 20170123 |
| 192100 |
| R/F SYSTEMS: ANGIO/INTERVENTIONAL |
| PHILIPS HEALTHCARE NORTH AMERICA |
| ALLURACLARITY FD20 |
| 1472 |
| 192099 |
| R/F SYSTEMS: ANGIO/INTERVENTIONAL |
| PHILIPS HEALTHCARE NORTH AMERICA |
| ALLURACLARITY FD20 |
| 1266 |
| 189839 |
| SCANNING SYSTEMS: CT/PET |
| SIEMENS HEALTHCARE |
| BIOGRAPH MCT FLOW |
| 6092 |
| 189157 |
| R/F UNITS: MOBILE |
| GE HEALTHCARE USA |
| OEC 9900 ELITE |
| E2XXXX06021 |
| 184593 |
| R/F SYSTEMS: CARDIOVASCULAR |
| PHILIPS HEALTHCARE NORTH AMERICA |
| ALLURACLARITY FD20 |
| 722028917 |
| 184592 |
| R/F SYSTEMS: CARDIOVASCULAR |
| PHILIPS HEALTHCARE NORTH AMERICA |
| ALLURACLARITY FD10C |
| 722026694 |
| 168321 |
| RADIOGRAPHIC UNITS: DENTAL |
| CARESTREAM HEALTH INC |
| CS 2200 |
| CBYP007 |
| 168315 |
| SCANNING SYSTEMS: CT: CONE-BEAM: HEAD/NECK |
| CARESTREAM HEALTH INC |
| CS 9300 |
| CGAZ025 |
| 156846 |
| R/F UNITS: MOBILE |
| GE MEDICAL SYSTEMS |
| OEC 9900 ELITE |
| E23927 |
| 156845 |
| R/F UNITS: MOBILE |
| GE MEDICAL SYSTEMS |
| OEC 9900 ELITE |
| E23926 |
| 156844 |
| R/F UNITS: MOBILE |
| GE MEDICAL SYSTEMS |
| OEC 9900 ELITE |
| E23925 |
| 153939 |
| R/F UNITS: MOBILE |
| GE MEDICAL SYSTEMS |
| OEC 9900 ELITE |
| E2-7641-MH |
| 150921 |
| SCANNING SYSTEMS: GAMMA CAMERA |
| SIEMENS HEALTHCARE |
| SYMBIA S |
| S1786 |
| 132877 |
| RADIOTHERAPY SYSTEMS: LINAC |
| VARIAN ASSOCIATES |
| SILHOUETTE |
| H140942 |
| 124893 |
| SCANNING SYSTEMS: CT |
| PHILIPS MEDICAL SYS |
| Brilliance Big Bore |
| 7552 |
B.2 PRICE/COST SCHEDULE
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1.00 |
| SV |
| __________________ |
| __________________ |
Physics Testing, Audits & Support Contract Period: Base POP Begin: 12-31-2025 POP End: 12-30-2026 PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical Consulting Services PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
| 1.00 |
| SV |
| __________________ |
| __________________ |
Physics Testing, Audits & Support Contract Period: Option 1 POP Begin: 12-31-2026 POP End: 12-30-2027
PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
| 1.00 |
| SV |
| __________________ |
| __________________ |
Physics Testing, Audits & Support Contract Period: Option 2 POP Begin: 12-31-2027 POP End: 12-30-2028
PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
| 1.00 |
| SV |
| __________________ |
| __________________ |
Physics Testing, Audits & Support Contract Period: Option 3 POP Begin: 12-31-2028 POP End: 12-30-2029
PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
| 1.00 |
| SV |
| __________________ |
| __________________ |
Physics Testing, Audits & Support Contract Period: Option 4 POP Begin: 12-31-2029 POP End: 12-30-2030
PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
| GRAND TOTAL |
| __________________ |
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—
(1) Within a reasonable time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payment.—
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.
(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(6) Interest.
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.
(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.
(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:
(1) The schedule of supplies/services.
(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;
(3) The clause at 52.212-5.
(4) Addenda to this solicitation or contract, including any license agreements for computer software.
(5) Solicitation provisions if this is a solicitation.
(6) Other paragraphs of this clause.
(7) The Standard Form 1449.
(8) Other documents, exhibits, and attachments
(9) The specification.
(t) [Reserved]
(u) Unauthorized Obligations.
(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other…
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