36C25625Q0258_Contract Opportunities Notice.docx
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- Attached to
- 6685--Pharmacy Hood Certification (Multi-location) Service Contract Federal contract opportunity
- Solicitation number
- 36C25625Q0258
About this file
This is a Combined Synopsis/Solicitation for pharmacy hood certification services at multiple VA locations. The Department of Veterans Affairs is seeking a contractor to test and certify specialized room ventilation systems, chemical fume hoods, Laminar Flow Workstations (LFWs), and Biological Safety Cabinets (BSCs) at facilities in New Orleans and Baton Rouge, Louisiana. The contract includes semi-annual certification of main and auxiliary pharmacy clean rooms starting June 2025, and annual certification of BSCs and fume hoods beginning March 2025.
The solicitation (36C25625Q0258) is a 100% set-aside for Service-Disabled Veteran-Owned Small Businesses under NAICS code 238220 with a size standard of $19 million. The period of performance is December 31, 2024 to December 30, 2025 with four one-year option periods. Quotes are due by December 19, 2024 at 13:00 Central Time, with questions due by December 11, 2024. The contractor must have current NSF49 accreditation for BSC/Chemical Fume Hood certifications and CAG-USP 797/800 certification for sterile compounding facility certifications. All work must be performed during business hours (7:30 AM - 4:00 PM CT), though after-hours work may be required to accommodate pharmacy schedules.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| WAGE DETERMINATION 2015-5189 REV 28.txt | TXT text file | |
| 2 -Addendum to FAR 52.212-1 Instructions to Offerors.docx | DOCX document | |
| 6 - Evaluation Criteria Template - LPTA.docx | DOCX document | |
| 36C25625Q0258_1.docx | DOCX document |
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Text version
36C25625Q0118
| SUBJECT* |
| Pharmacy Hood Certification Service Contract |
GENERAL INFORMATION
| CONTRACTING OFFICE’S ZIP CODE* |
| 70112 |
| SOLICITATION NUMBER* |
| 36C25625Q0258 |
| RESPONSE DATE/TIME/ZONE |
| 12-19-2024 13:00 CENTRAL TIME, CHICAGO, USA |
| ARCHIVE |
| 60 DAYS AFTER THE RESPONSE DATE |
| RECOVERY ACT FUNDS |
| N |
| SET-ASIDE |
| SDVOSBC |
| PRODUCT SERVICE CODE* |
| 6685 |
| NAICS CODE* |
| 238220 |
| CONTRACTING OFFICE ADDRESS |
| Department of Veterans Affairs |
Network Contracting Office 16 1515 Poydras Street
New Orleans LA 70112
POINT OF CONTACT*
Contract Specialist Christopher Rossi christopher.rossi2@va.gov
PLACE OF PERFORMANCE
| ADDRESS |
| Department of Veterans Affairs |
Southeast Louisiana Veterans Health Care System
2400 Canal Street
New Orleans Louisiana
| POSTAL CODE |
| 70119 |
| COUNTRY |
| USA |
ADDITIONAL INFORMATION
AGENCY’S URL
URL DESCRIPTION
AGENCY CONTACT’S EMAIL ADDRESS
EMAIL DESCRIPTION
DESCRIPTION
This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with format in FAR Subpart 13; simplified acquisition procedures apply. VA will conduct the procurement according to a combination of FAR Part 12, Acquisition of Commercial Items and Part 13, Simplified Acquisition Procedures as supplemented with additional information included in this notice.
The solicitation number is 36C25625Q0258 and is issued as a Request for Quotation (RFQ).
The proposed contract action is for procuring services for testing and certification of specialized room ventilation systems, chemical fume hoods, Laminar Flow Workstations (LFWs) and Biological Safety Cabinets (BSCs) to provide a safe environment for laboratory personnel at multiple locations. Contractor shall test and certify laboratory equipment and pharmacy clean rooms. Locations include:
• New Orleans VA Medical Center, 2400 Canal Street, New Orleans, LA 70119.
• Baton Rouge VA Outpatient Clinic (North), 7968 Essen Park Ave.
Baton Rouge, LA 70809.
• Baton Rouge VA Outpatient Clinic (South) 7850 Anselmo Lane.
Baton Rouge, LA 70810
Notice of Total Service-Disabled Veteran Owned Small Business Set-Aside applies to all items in this solicitation. Interested persons may submit quotes, and all eligible quotes must be received prior to the response date listed on FBO to be considered by the Government. This solicitation is 100% SET-ASIDE FOR SERVICE-DISABLED VETERAN OWNED SMALL BUSINESS.
The NAICS code is 238220 (Plumbing, Heating, and Air-Conditioning Contractors) and the size standard is $19 million.
This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2022-04 (01/30/2022). Only emailed requests received directly from the requester will be accepted.
RESPONSES ARE DUE, December 19, 2024, by 13:00 p.m. Central Time (CT). Quotes are due electronically to Christopher.rossi2@va.gov no later than the response date/time. Only electronic quotes will be considered.
Phone calls will not be accepted, all question and or concerns must be submitted via email to Christopher.rossi2@va.gov by 13:00 p.m. Central Standard Time (CST) NLT December 11, 2024.
Point of contact for this solicitation is Christopher Rossi at Christopher.rossi2@va.gov. All Inquires must be submitted electronically.
Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice
| *= Required Field |
| Combined Synopsis/Solicitation Notice |
Combined Synopsis/Solicitation Notice
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
629-25-1-690-0007
36C25625Q0258 12-05-2024 Christopher Rossi Christopher.Rossi2@va.gov 12-19-2024 13:00
CST
Department of Veterans Affairs Network Contracting Office 16 1515 Poydras Street Suite 1100
X
238220 $19 Million
N/A
Department of Veterans Affairs Southeast Louisiana Veterans Health Care System (SLVHCS) 2400 Canal Street New Orleans LA 70119 Department of Veterans Affairs Network Contracting Office 16 1515 Poydras Street Suite 1100
FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489-6135 Invoice must be submitted electronically
See CONTINUATION Page Non-personal Services: This effort is to support the continuous operation of Pharmacy Hood Certification at Southeast Louisiana Veterans Health Care System (SLVHCS).
The contractor shall provide all items and personnel necessary to perform contract as defined in the Statement Of Work.
Questions due NLT Dec 11th, 2024, by 13:00 PM via email to Christopher.Rossi2@va.gov. No phone calls will be accepted.
Solicitation responses due NLT Dec 19th, 2024, by 13:00 PM Period of Performance: Base Period: Dec 31, 2024, to Dec 30, 2025, followed by four option years.
Notice of Total Service-Disabled Veteran Owned Small Business Set-Aside applies to all items in this solicitation.
$0.00
See CONTINUATION Page
QUOTE
Luke Miles Contract Officer
Page 1 of Table of Contents
| SECTION A | 4 |
| A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES | 4 |
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 6 |
| B.1 CONTRACT ADMINISTRATION DATA | 6 |
| B.2 PRICE/COST SCHEDULE | 14 |
| ITEM INFORMATION | 14 |
| SECTION C - CONTRACT CLAUSES | 20 |
| C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023) | 20 |
| C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) | 25 |
| C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) | 26 |
| C.4 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION) | 26 |
| C.5 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION) | 29 |
| C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) | 31 |
| C.7 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) | 32 |
| C.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 32 |
| C.9 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024) | 33 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 42 |
| SECTION E - SOLICITATION PROVISIONS | 43 |
| E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023) | 43 |
| E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) | 47 |
| E.3 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023) | 50 |
| E.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 51 |
| E.5 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) | 51 |
| E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024) | 52 |
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 36C256 Department of Veterans Affairs Network Contracting Office 16 1515 Poydras Street Suite 1100
New Orleans LA 70112
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 |
| [X] |
| 52.232-36, Payment by Third Party |
3. INVOICES: Invoices shall be submitted in arrears:
| a. Quarterly | [] |
| b. Semi-Annually | [] |
| c. Other | [X] Upon completion of services |
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 |
STATEMENT OF WORK
Inspection & Certification of Biological Safety Cabinets, Laboratory Fume Hoods & Pharmacy Clean Rooms Southeast Louisiana Veterans Health Care System New Orleans, LA
1. PURPOSE
1.1 This requirement is for procuring services for testing and certification of specialized room ventilation systems, chemical fume hoods, Laminar Flow Workstations (LFWs) and Biological Safety Cabinets (BSCs) to provide a safe environment for laboratory personnel at multiple locations. Contractor shall test and certify laboratory equipment and pharmacy clean rooms. Locations include:
· New Orleans VA Medical Center, 2400 Canal Street, New Orleans, LA 70119.
· Baton Rouge VA Outpatient Clinic (North), 7968 Essen Park Ave. Baton Rouge, LA 70809.
· Baton Rouge VA Outpatient Clinic (South) 7850 Anselmo Lane. Baton Rouge, LA 70810
2. SCOPE
2.1 Contractor shall furnish service as specified below to ensure that the equipment functions in accordance with:
· NCI Specification “General Purpose, Clean Air, Biological Safety Cabinet, revised August 19, 1975”,
· NIH specification NIH-03-11ZC dated Sept 17, 1974;
· National Sanitation Foundation-Class II, (Laminar Flow) Biohazard Cabinetry- Standard Number 49 [NSF 49];
· Federal Standard No. 209E-April 24, 1973, “Clean Room And Work Station Requirements, Controlled Environment”;
· SAMA Standard LF10-1980 Laboratory Fume Hoods and USP 797/800.
· CETA Certification Guide for Sterile Compounding Facilities CAG-003-2006
2.2 Furnish all labor, equipment, tools, materials, and travel necessary to test, certify and measure Government – owned Biological Safety Cabinets (BSCs), Laminar Flow Work Stations (LFWs), and Pharmacy clean rooms. Equipment List is identified below in section 3.7. The Auxiliary Pharmacy also has a semi-annual certification requirement, and must be certified by April 2025 (This requires a USP 797-800 technician, CETA). Main Pharmacy cleanrooms and pharmacy equipment will be tested/certified semi-annually beginning June 2025. The BSC and Fume hoods, fume absorbers, animal changing station annual certifications are to start in March 2025 (this requires an NSF 49 certification. (Not a USP CETA certification) The annual/semi-annual certifications shall be performed in sufficient time to ensure that none shall lapse (contractor will schedule testing that builds in time for repairs should that be necessary to ensure certifications never lapse). Thus, ample time must be built in for recertification to include the 10 day incubation period if a pharmacy fails certification. All subsequent certifications and maintenance scheduled shall be on the anniversary of the certification and maintenance of the previous period of performance.
2.3 Equipment and locations are identified on the Schedule of Items.
2.4 The annual/semi-annual certifications shall be performed in sufficient time to ensure that none shall lapse (contractor will schedule testing that builds in time for repairs should that be necessary to ensure certifications never lapse).
2.5 The Contractor shall provide certification reports upon completion of semi-annual and annual testing/certification. Report will include training/certifications of technicians performing the work and calibration certificates of the equipment used prior to the testing/certification.
2.6 Contractor will immediately notify COR in writing (letter) or by email, in the event any/all regulatory guidance governing the certifications of any subject equipment changes. Written advisement will include any issues which will impact testing/certification. Contractor will also advise SLVHCS COR of recommendations to resolve any issues related to the regulatory changes.
2.7 When testing/servicing/certifying equipment, the Contractor will provide on-site consultation to SLVHCS staff (answer questions, make recommendations to maintain at optimum level) that use the Pharmacy cleanroom, the biosafety cabinets, and the laminar flow workstations. Technicians knowledgeable about certification requirements will converse with staff/COR to inform them of recommended adjustments to behaviors used in daily use, cleaning of area, maintenance of equipment, and any structural/HVAC/electrical/engineering issues related to the equipment or rooms encompassing equipment. Technicians will brief COR of any issues/questions raised by staff upon checking out post-certification.
2.8 All the following information should be included in the report for clean room certification. Room number and/or location, Room type (e.g. oncology prep room), Date of testing, Date of next required certification, Standards used to test room, Room sketch, Total room area and volume, Room humidity and temperature, Air changes per hour, Pressure differential, non-viable particle counts, and viable particle count analysis. Pass/Fail notifications should be included on a per test basis where applicable.
2.9 Certification of all Sterile Compounding Facilities BSC hoods shall include a video of the airflow smoke pattern tests.
3. CERTIFICATION AND TESTING REQUIREMENTS
3.1 Biological Safety Cabinets (BSC): The Primary Sterile Compounding Facility, the Auxiliary Sterile Compounding Facility and the Nuclear Medicine Hot Lab biosafety cabinets shall be certified semi- annually. All other Biosafety cabinets will be certified annually. Certification shall consist of the following:
· Down flow velocity test
· Inflow velocity test
· Airflow smoke pattern test with video
· HEPA filter leak test
· Alarm function test
· Blower interlock test (Class II, type B cabinets)
· Electrical leakage on the main cabinet (those that aren’t UL listed)
· Ground Fault Circuit Interrupter (GFCI) outlet trip test.
· A visual inspection to identify defects, damage, misuse or missing parts
· Documentation of the certification and inspection results
· A decal or label affixed to the cabinet in a visible location that indicates the results and date of the certification
· Posting an “Out of Service” sign on cabinets that fail certification.
· Notifying the cabinet user and the COR of cabinets that fail certification.
3.2 Laminar Airflow Workstations (LAFW): All LAFWs will be certified annually. Certification shall consist of the following:
· Measurement of sash face velocity according to the current version of ASHRAE 110.
· Comparison of the sash face velocity to the current ACGIH recommendation.
· Airflow smoke pattern test.
· GFCI outlet trip test.
· A visual inspection to identify defects, damage, misuse or missing parts.
· Documentation of the certification and inspection results (e.g., a decal or label affixed in a visible location that indicates the sash certification height, the face velocity and the date of certification).
· Posting an “Out of Service” sign on lab fume hoods that fail certification.
· Notifying the lab fume hood user and the COR of lab fume hoods that fail certification.
3.3 Pharmacy Cleanroom(s) Testing and Certification: Testing and certification (under CAG-003- 2006-11 and to SUO 797 Standards and 800 Hazardous Drugs—Handling in Healthcare Settings.) of the Pharmacy: Ante Room, Hazardous Buffer (IV) Room and Non-Hazardous Buffer (Chemo) Room, CSCA, SCA and Workrooms of the Auxiliary Sterile Compounding Facility as well as viable air and surface sampling for mold and bacteria will be semi-annually. Certification and testing shall consist of the following:
· Test and validate the number of air changes per hour (ACH) through the rooms Heating Ventilation and Air Conditioning (HVAC) equipment and exhaust hood.
· Pressure Requirements: The contractor shall include in their report differential pressure reading from each buffer/ante room to all surrounding areas
· Non-viable Particle Testing: The contractor shall perform environmental nonviable particle testing semiannually • Test and validate that the hood and room exhaust provide a unidirectional/laminar flow of air.
· Inspect HVAC filter assembly for air bypass issues.
· Test and calibrate the existing air balancing monitors (Chemo and Ante Rooms).
· Take viable air samples for mold and bacteria. Colony forming units (CFU) results from the cultures shall be calculated in cfu per cubic meter (m3) of air.
· Take viable surface samples for bacteria
3.4 Fume Hood: The Contractor shall test the face velocity of each fume hood and establish the safe working sash height in accordance with the recommendations set by the ACGIH. The report shall include the size of the sampled grid used to obtain the overall average face velocity. Both individual grid readings shall be recorded as well as the overall average. A visible smoke test shall also be performed to ensure adequate draw of air into the hood and that no room air currents disrupt the flow of air into the hood or create cross drafts which could result in gases escaping out the face of the hood.
3.5 Grossing Stations: These are exhaust units with no HEPA filtration in the system. Tested to manufacturer and specifications. Testing to include inflow (FPM/CFM), smoke inflow, smoke clearance time, inspection of installation and use, and ground polarity check.
3.6 Sterile Processing Testing:
· Test and validate the number of air changes per hour (ACH) through the rooms Heating Ventilation and Air Conditioning (HVAC) equipment and exhaust hood.
· Pressure Requirements: The contractor shall include in their report differential pressure reading from each buffer/ante room to all surrounding areas
3.7 Equipment list
| CLIN |
| Description/Part Number* (Base Year) |
| Unit |
| Qty |
| 0001 |
| SEMI-ANNUAL VISIT |
| ----- |
| --- |
0001AA
SEMI-ANNUAL BIOLOGICAL SAFETY CABINET CERTIFICATION, TOTAL QTY 6 EA CABINETS, LOCATION: PHARMACY NEW, and Auxiliary Pharmacy (Sterile Compounding Facility) ORLEANS VA (IV ROOM AND CHEMO), ROOM NUMBERS: 4D121E (Qty 2), 4D121F (Qty 2)
(SEE 3.1 OF SOW)
JB
0001AB
SEMI-ANNUAL Main and Auxiliary Sterile Compounding facilities VIABLE AIR SAMPLING (IV-ROOM), (CHEMO), (CHEMO ANTE ROOM), (CSCA), (SCA) and (work room 5), TOTAL OF 14, LOCATION:
NEW ORLEANS VA, ROOM NUMBERS: 4D121D (Qty 3), 4D121E (Qty 3), 4D121F (Qty 1), 4D100 auxiliary rooms (SEE 3.3 OF SOW)
0001AC
SEMI-ANNUAL PHARMACY VIABLE SURFACE SAMPLING (IV-ROOM), (CHEMO), (CHEMO ANTE ROOM), (CSCA), (SCA) and (work room 5), TOTAL OF 14, LOCATION:
NEW ORLEANS VA, ROOM NUMBERS: 4D121D (Qty 3), 4D121E (Qty 3), 4D121F (Qty 1) (SEE 3.3 OF SOW)
· Take viable surface samples for bacteria AND MOLD (1 each in LFWs, BSC, Pass Thru, Ante, Chemo and IV Room. (Total of 7: Locations: 4 BSCs, Ante Room, Chemo Room, IV Room).
| 0001AD |
| SEMI-ANNUAL CLEANROOM CERTIFICATION, TOTAL OF 6 ROOMS, LOCATION: NEW ORLEANS VA, ROOM NUMBERS: 4D221F, 4D221E, 4D221, 4D100 build outs (SEE 3.3 OF SOW) |
| JB |
| 6 |
| 0001AE |
| HEPA Filters leak tested in accordance with IEST and USP<797> standards. 4 Filters located at the air handling unit. |
| JB |
| 10 |
| 0002 |
| ANNUAL VISIT |
| ----- |
| --- |
| 0002AA |
| ANNUAL CUSTOM FUME HOOD CERTIFICATION, TOTAL QTY 1 EA FUME HOOD, LOCATION: BATON ROUGE SOUTH CLINIC, ROOM NUMBER: 51 - PROSTHETICS (SEE 3.4 OF SOW) |
| JB |
| 1 |
| 0002AB |
| ANNUAL CUSTOM FUME HOOD CERTIFICATION, TOTAL QTY 3 EA FUME HOODS, LOCATION: BATON ROUGE NORTH CLINIC, ROOM NUMBER: 143 - DENTAL (SEE 3.4 OF SOW) 629 MX2105541, 29 MX2105544, 629 MX2105546, 629 MX2105547 |
| JB |
| 4 |
| 0002AC |
| ANNUAL CUSTOM FUME HOOD CERTIFICATION, TOTAL QTY 1 EA FUME HOOD, LOCATION: BATON ROUGE SOUTH CLINIC: |
76 - PATH AND LAB (SEE 3.4 OF SOW) 629EE1304423 UNIT IS OUT OF SERVICE, NO LONGER USED
| JB |
| 1 |
0002AD
ANNUAL CUSTOM SAFETY CABINET CERTIFICATION, TOTAL QTY 27 EA FUME HOOD, LOCATION: NEW ORLEANS VA, RESEARCH BUILDING:
4P313A, 4P320B, 2P135B, 2P139, 2P141, 2P145, 2P147, 2P151, 2P153C, 2P155, 2P157, 3P135B, 3P139, 3P141, 3P145, 3P147, 3P153, 3P155B, 3P155C, 3P157, 3P167, 3P167, 4P321,4P322, 4P333, 2P153D, 2P153B (SEE 3.1 OF SOW) 629 MX2026664, 629 MX 1786122, 629 MX 1786133, 629 MX1786141, 629 MX1786159, 629 MX1786235, 629 X1786234, 629 MX1786232, 629 MX1786229, 629 MX 1786228, 629MX1788823, 629 MX1788824, 629 MX 1788828, 629 MX 1788797, 629 MX1788814, 629MX1988830, 629 X1968105, 629 MX 1788820, 629 MX 1792739, 629 MX1792804, 629MX1792808, 629X2 l 25502, 629 MX2026662, 629 MX2026663, 629 MX2026665
| 0002AE |
| ANNUAL CUSTOM FUME HOOD CERTIFICATION, TOTAL QTY 6 EA FUME HOOD, LOCATION: NEW ORLEANS VA 4E122, 4E122A,4E123, 1D163, 4J455A, 4F123B (SEE 3.4 OF SOW) 629 MX2125488, 629 MX686454, 629 MX686461, 629 MX1767137, 629 MX677936, 629 MX1062094 |
| JB |
| 6 |
0002AF
ANNUAL CUSTOM FUME HOOD CERTIFICATION, TOTAL QTY 21 EA FUME HOOD, LOCATION: NEW ORLEANS VA, RESEARCH BUILDING:
3P171, 2P153b, 4P321, 4P322, 4P329, 4P333, 2P138B, 2P142B, 2P148B, 2P152B, 2P162B,2P168B, 3P138, 3P142B, 3P148B,3P152B, 3P162B, 3P168B, 3P151, 4P189, 3P165 (SEE3.4 OF SOW) 629 MX1920291, 629 MX 1920292, 629 MX2026660, 629 MX 1920286, 629 MX 1920278, 629 MX1920277, 629 X1920295, 629 MX 1920294, 629 MX 1920293, 629 MX 1920290, 629 MX1920289, 629 X1920288, 629 MX1920287, 629 MX1920285, 629 MX 1920282, 629 MX1920283, 629 X202666 l, 629 MX 1920281, 629 MX 1920279, 629 MX1920276, 629 MX1920275, 629 Xl920273
0002AG
ANNUAL CERTIFICATION OF LAMINAR WORKSTATIONS, TOTAL QTY 24 EA, LOCATION: RESEARCH NEW ORLEANS VA, ROOM NUMBERS: 2P138B, 2P142B, 2P148B, 2P152B, 2P162B, 2P168B, 3P138, 3P142B, 3P148B, 3P152B, 3P162B, 3P168B, 2P138,2P142, 2P148,2P152, 2P162, 2P168, 3P138, 3P142, 3P148, 3P152, 3P162, 3P168 (SEE 3.2 OF SOW) 629 MX1887916, 629 MX1887917, 629 MX1887923, 629 MX1887919, 629 MX1887920, 629 MX 1887921, 629 XI887925, 629 MX1887918, 629 MX I 887924, 629 MX1887922, 629 MX1889157, 629 X1889158
| 0002AH |
| ANNUAL BIOLOGICAL SAFETY CABINET CERTIFICATION, TOTAL QTY 7 EA CABINETS, LOCATION: NEW ORLEANS VA, ROOM NUMBERS: 4E122, 4F122C (QTY 2), 4F123 (QTY 2), 4F123C, 4F139A (SEE 3.1 OF SOW) |
629 MX125378,, 629 MX695073, 629 MX686444, 629 MX1253785, 629 MX1253786, 629 MX695075, 62 MX695074
| JB |
| 7 |
0002AI
ANNUAL CHEMICAL FUME HOOD CERTIFICATION, TOTAL QTY 1 EA WORKSTATION, LOCATION: NEW ORLEANS VA, ROOM NUMBER: 2G221 (SEE 3.2 OF SOW) 629 MX677936 629 MX2027626, 629 MX2536069, 629 MX2536101
0002AJ
ANNUAL STERILE PROCESSING AIR EXCHANGE/DIFFERENTIAL PRESSURE TESTING, TOTAL QTY 13 EA ROOMS, LOCATION:
NEW ORLEANS VA, ROOM NUMBERS: 4D221, 4D221B, 4D222, 4D203, 4D203A, 4D203B, 4D203C, 4D203D, 4D203E, 4D221A, 4D221.A2, 4D221C, 4D201, approximately 6 adjacent spaces
| 0002AK |
| ANNUAL CUSTOM FUME HOOD/GROSSING STATION CERTIFICATION, TOTAL QTY 4 UNITS, LOCATION: NEW ORLEANS VA, ROOM NUMBER: 4F139(2), 4F133, 4F133A (SEE 3.5 OF SOW) 629 MX212549 , 629 MX2125496, 629 MX2125497, 629 MX1265796, 629 MX2108192, |
| JB |
| 5 |
| 0002AL |
| ADDITIONAL RECERTIFICATIONS FOR ANY SPACES NOTED (to be utilized only if recertification is required. Funds will be de-obligated if not needed or used). Hours will be billed for technician rate for |
| HR |
| 100 |
4. PERSONNEL ACCREDITATION REQUIREMENTS
4.1 Contractor servicing personnel must have current NSF49 accredited to perform BSC and Chemical Fume Hood Certifications.
4.2 Contractor servicing personnel must have current CAG- USP 797/800 certified to perform sterile compounding facility certifications.
5. PERIOD OF PERFORMANCE AND WORK HOURS
5.1 The period of performance shall be December 31, 2024 – December 30, 2025 (base year) with four (4) one-year option periods.
5.2 The Contractor (or Representative) shall contact the COR, Contracting Officer’s Representative, to schedule work and prior to the beginning of work.
Brian Gordon, Brian.Gordon6@VA.Gov 504-507-7013
5.3 Services are to be performed during our business hours between 7:30 a.m. and 4:00 p.m. central time, excluding federal holidays. Because of the workload of the pharmacy during business hours, the contractor may need to work after 4:00 p.m. in order to accommodate the compounding schedule at the pharmacy. Contractors that are willing to perform after- hours work should include this information in their bid documentation. If a contractor is willing to perform services after 4:00 p.m. this service must be included within the bid pricing as no extra charge will be allowed. The ability to perform work after hours is not required; however, preference will be given to contractors that offer flexible work hours.
6. DELIVERY
6.1 Reports of all testing shall be received electronically no later than two (2) weeks after the conclusion of all testing and certification.
7. INSPECTION AND ACCEPTANCE:
7.1 The Contractor shall conduct a joint inspection with the COR upon certification and testing of equipment.
7.2 In the event that recertification is required throughout the year, the Contractor shall be contacted to complete the necessary recertification based on total number of hours associated with technician work time. Travel and per diem shall be included in this hourly cost, not to exceed 120 hours per period of performance. In the event additional certifications are not required, these hours would not be billed for the current period of performance.
8. DELIVERABLES
8.1 After work is completed, the contractor is to submit in writing, a complete report of services performed for each item of equipment and must include a listing of replacement parts, when applicable. Within one week of obtaining sampling results, the vendor will electronically report ventilation and sampling data semiannually to SLVHCS Safety Management has a means of evaluating the overall control of the compounding environment. The report should have guidance on interpreting results, possible contamination pathways and proper corrective actions to remediate contamination. Smoke study videos, for certifications that require it, shall be delivered no later four weeks from certification.
1.1 The contractor shall supply every unit that passes required certification specifications with a certification sticker.
2. TRAINING
2.1 No training is required from the contractor.
3. WARRANTY
3.1 NA
4. Facility Information Security Officer (FISO) SECURITY LANGUAGE:
4.1 GENERAL
Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.
4.2 SECURITY CLAUSE:
Authorization and Assessment (A&A) and/or Security Package is not required.
5. QUALITY ASSURANCE SURVEILLANCE PLAN
5.1 The Quality Assurance Surveillance Plan (QASP) provides a systematic method to evaluate performance for the contract.
5.2 The QASP does not detail how the contractor accomplishes the work. Rather, the QASP is created with the premise that the contractor is responsible for management and quality control actions to meet the terms of the contract. It is the Government’s responsibility to be objective, fair, and consistent in evaluating performance.
5.3 This QASP is a “living document” and the Government may review and revise it on a regular basis. However, the Government shall coordinate changes with the contractor.
5.4 The Contracting Officer’s Technical Representative (COR) is responsible for technical administration of the contract and shall assure proper Government surveillance of the contractor’s performance based on the attached QASP. The COR shall keep a quality assurance file. The COR is not empowered to make any contractual commitments or to authorize any contractual changes on the Government’s behalf.
5.5 The COR shall assess contract performance quarterly throughout the contract period.
B.2 PRICE/COST SCHEDULE
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 2.00 |
| EA |
| __________________ |
| __________________ |
Semi Annual Main Oncology Pharmacy Certification Contract Period: Base POP Begin: 12-31-2024 POP End: 12-30-2025 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: 6685 - Pressure, Temperature, and Humidity Measuring and Controlling Instruments
| 2.00 |
| EA |
| __________________ |
| __________________ |
Semi Annual Auxiliary Oncology Pharmacy Certification
POP Begin: 12-31-2024 POP End: 12-30-2025
PRODUCT/SERVICE CODE: 6685 - Pressure, Temperature, and Humidity Measuring and Controlling Instruments
| 1.00 |
| JB |
| __________________ |
| __________________ |
Annual Environmental Hood Certifications
POP Begin: 12-31-2024 POP End: 12-30-2025
PRODUCT/SERVICE CODE: 6685 - Pressure, Temperature, and Humidity Measuring and Controlling Instruments
| 1.00 |
| JB |
| __________________ |
| __________________ |
Emergency Parts and Service
POP Begin: 12-31-2024 POP End: 12-30-2025
PRODUCT/SERVICE CODE: 6685 - Pressure, Temperature, and Humidity Measuring and Controlling Instruments
| 2.00 |
| EA |
| __________________ |
| __________________ |
Semi Annual Main Oncology Pharmacy Certification Contract Period: Option 1 POP Begin: 12-31-2025 POP End: 12-30-2026
PRODUCT/SERVICE CODE: 6685 - Pressure, Temperature, and Humidity Measuring and Controlling Instruments
| 2.00 |
| EA |
| __________________ |
| __________________ |
Semi Annual Auxiliary Oncology Pharmacy Certification
POP Begin: 12-31-2025 POP End: 12-30-2026
PRODUCT/SERVICE CODE: 6685 - Pressure, Temperature, and Humidity Measuring and Controlling Instruments
| 1.00 |
| JB |
| __________________ |
| __________________ |
Annual Environmental Hood Certifications
POP Begin: 12-31-2025 POP End: 12-30-2026
PRODUCT/SERVICE CODE: 6685 - Pressure, Temperature, and Humidity Measuring and Controlling Instruments
| 1.00 |
| JB |
| __________________ |
| __________________ |
Emergency Parts and Service
POP Begin: 12-31-2025 POP End: 12-30-2026
PRODUCT/SERVICE CODE: 6685 - Pressure, Temperature, and Humidity Measuring and Controlling Instruments
| 2.00 |
| EA |
| __________________ |
| __________________ |
Semi Annual Main Oncology Pharmacy Certification Contract Period: Option 2 POP Begin: 12-31-2026 POP End: 12-30-2027
PRODUCT/SERVICE CODE: 6685 - Pressure, Temperature, and Humidity Measuring and Controlling Instruments
| 2.00 |
| EA |
| __________________ |
| __________________ |
Semi Annual Auxiliary Oncology Pharmacy Certification
POP Begin: 12-31-2026 POP End: 12-30-2027
PRODUCT/SERVICE CODE: 6685 - Pressure, Temperature, and Humidity Measuring and Controlling Instruments
| 1.00 |
| JB |
| __________________ |
| __________________ |
Annual Environmental Hood Certifications
POP Begin: 12-31-2026 POP End: 12-30-2027
PRODUCT/SERVICE CODE: 6685 - Pressure, Temperature, and Humidity Measuring and Controlling Instruments
| 1.00 |
| JB |
| __________________ |
| __________________ |
Emergency Parts and Service
POP Begin: 12-31-2026 POP End: 12-30-2027
PRODUCT/SERVICE CODE: 6685 - Pressure, Temperature, and Humidity Measuring and Controlling Instruments
| 2.00 |
| EA |
| __________________ |
| __________________ |
Semi Annual Main Oncology Pharmacy Certification Contract Period: Option 3 POP Begin: 12-31-2027 POP End: 12-30-2028
PRODUCT/SERVICE CODE: 6685 - Pressure, Temperature, and Humidity Measuring and Controlling Instruments
| 2.00 |
| EA |
| __________________ |
| __________________ |
Semi Annual Auxiliary Oncology Pharmacy Certification
POP Begin: 12-31-2027 POP End: 12-30-2028
PRODUCT/SERVICE CODE: 6685 - Pressure, Temperature, and Humidity Measuring and Controlling Instruments
| 1.00 |
| JB |
| __________________ |
| __________________ |
Annual Environmental Hood Certifications
POP Begin: 12-31-2027 POP End: 12-30-2028
PRODUCT/SERVICE CODE: 6685 - Pressure, Temperature, and Humidity Measuring and Controlling Instruments
| 1.00 |
| JB |
| __________________ |
| __________________ |
Emergency Parts and Service
POP Begin: 12-31-2027 POP End: 12-30-2028
PRODUCT/SERVICE CODE: 6685 - Pressure, Temperature, and Humidity Measuring and Controlling Instruments
| 2.00 |
| EA |
| __________________ |
| __________________ |
Semi Annual Main Oncology Pharmacy Certification Contract Period: Option 4 POP Begin: 12-31-2028 POP End: 12-30-2029
PRODUCT/SERVICE CODE: 6685 - Pressure, Temperature, and Humidity Measuring and Controlling Instruments
| 2.00 |
| EA |
| __________________ |
| __________________ |
Semi Annual Auxiliary Oncology Pharmacy Certification
POP Begin: 12-31-2028 POP End: 12-30-2029
PRODUCT/SERVICE CODE: 6685 - Pressure, Temperature, and Humidity Measuring and Controlling Instruments
| 1.00 |
| JB |
| __________________ |
| __________________ |
Annual Environmental Hood Certifications
POP Begin: 12-31-2028 POP End: 12-30-2029
PRODUCT/SERVICE CODE: 6685 - Pressure, Temperature, and Humidity Measuring and Controlling Instruments
| 1.00 |
| JB |
| __________________ |
| __________________ |
Emergency Parts and Service
POP Begin: 12-31-2028 POP End: 12-30-2029
PRODUCT/SERVICE CODE: 6685 - Pressure, Temperature, and Humidity Measuring and Controlling Instruments
| GRAND TOTAL |
| __________________ |
36C25625Q0258
Page 1 of Page 1 of
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—
(1) Within a reasonable time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payment.—
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.
(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(6) Interest.
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.
(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.
(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:
(1) The schedule of supplies/services.
(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;
(3) The clause at 52.212-5.
(4) Addenda to this solicitation or contract, including any license agreements for computer software.
(5) Solicitation provisions if this is a solicitation.
(6) Other paragraphs of this clause.
(7) The Standard Form 1449.
(8) Other documents, exhibits, and attachments
(9) The specification.
(t) [Reserved]
(u) Unauthorized Obligations.
(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:
(i) Any such clause is unenforceable against the Government.
(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.
(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.
(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.
(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.
The following clauses are incorporated into 52.212-4 as an addendum to this contract:
C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months.
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