36C25720Q0368-000.docx

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36C25720Q0368 Contract Opportunity Combined Synopsis/Solicitation Notice

CLASSIFICATION CODE

SUBJECT

CONTRACTING OFFICE'S

ZIP-CODE

SOLICITATION NUMBER

RESPONSE DATE (MM-DD-YYYY)

ARCHIVE

DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS

SET-ASIDE

NAICS CODE

CONTRACTING OFFICE

ADDRESS

POINT OF CONTACT

(POC Information Automatically Filled from User Profile Unless Entered)

DESCRIPTION

See Attachment

AGENCY'S URL

URL DESCRIPTION

AGENCY CONTACT'S EMAIL

ADDRESS

EMAIL DESCRIPTION

ADDRESS

POSTAL CODE

COUNTRY

ADDITIONAL INFORMATION

GENERAL INFORMATION

PLACE OF PERFORMANCE

* = Required Field Contract Opportunity Combined Synopsis/Solicitation Notice R602 Courier Services for Dallas VA hospital and CBOCs 79106 36C25720Q0368 03-16-2020 N

SDVOSBC

492110 Department of Veterans Affairs NCO 17 Network Contracting Activity 7201 W. Interstate 40, Ste. 100 Amarillo TX 79106 Grace.Barr@va.gov VA HealthCare Systems 4500 S. Lancaster Rd Dallas, TX 75216 75216 Grace.Barr@va.gov See attached RFQ for Courier Services for Dallas VA hospital and CBOCs

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1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

549-20-3-715-0027 36C25720Q0368 03-06-2020 Grace Barr 972-708-0817 03-1 -2020 36C257 Department of Veterans Affairs NCO 17 Network Contracting Activity 7201 W. Interstate 40, Ste. 100 Amarillo TX 79106 X X 492110 1500 Employees X N/A X 36C257 Department of Veterans Affairs Lab VA North Texas Health Care Systems 4500 S Lancaster Rd Dallas TX 75216 36C257

NCO 17

Department of Veterans Affairs NCO 17 Network Contracting Activity 7201 W. Interstate 40, Ste. 100 Amarillo TX 79196

This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.

(877) 353-9791

(512) 460-5540 See CONTINUATION Page

LABORATORY COURIER SERVICES FOR VA HEALTHCARE SYSTEMS IN

DALLAS, TX

See CONTINUATION Page x X x Contracting Officer

Table of Contents

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 36C257 Department of Veterans Affairs

NCO 17 Network Contracting Activity 7201 W. Interstate 40, Ste. 100 Amarillo TX 79106

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted 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.

This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.

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

36C25720Q0368

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STATEMENT OF WORK TRANSPORT SERVICES

The Department of Veterans Affairs, VA North Texas Health Care System (VANTHCS) Pathology & Laboratory Medicine Service (P&LMS) located at the Dallas Veterans Medical Center, Dallas, Texas, intends to award a contract for the provision of laboratory courier services. The Contractor shall provide regularly scheduled pick-ups of laboratory specimens and laboratory supplies from various locations noted below and deliver to the P&LMS locations throughout the VA North Texas Health Care System.

1. DESCRIPTION OF RESPONSIBILITIES

The contractor shall furnish all labor, tools, materials, equipment, and supervision necessary to provide same day pickup and delivery of routine and emergency reagents, blood and/or blood products, lab products, and specimen courier services for the VA North Texas Health Care System.

0. Daily pickup from Community Based Outpatient Clinics (CBOCs):

0. Decatur CBOC, 1713 South FM 51, Decatur, TX 76234

0. Denton CBOC, 2223 Colorado Blvd, Denton, TX 76205

0. Greenville CBOC, 4006 Wellington Rd., Suite 100, Greenville, TX 75401

0. Polk Street VA Clinic, 4243 S. Polk Street, Dallas, TX 75224

0. Plano CBOC, 3804 W 15th Street, Plano, TX 75075

0. VA Fort Worth Outpatient Clinic, 2201 SE Loop 820, Ft. Worth, TX 76119

0. Grand Prairie CBOC, 2737 Sherman Street, Grand Prairie, TX 75051

0. Garland VA OPC, 2300 Marie Curie Blvd, Garland, TX 75042

Daily delivery to:

1. Dallas VA Medical Center, 4500 S. Lancaster Rd., Dallas, Texas 75216

0. Daily pickup from:

1. Dallas VA Medical Center, 4500 S. Lancaster Rd., Dallas, Texas 75216 Daily delivery to:

1. UTSW Campus including Clements University Hospital, 6201 Harry Hines Blvd., Dallas, Texas 75390, and the BioCenter at Southwestern Medical District, 2330 Inwood Road, Dallas, TX 75390:

0. Veripath Laboratories

· Virology

· Cytogenetics

· Molecular Diagnostics

· Immunohistochemistry

· Flow Cytometry

· Histocompatibility

· Immunodermatology

0. Andrology

0. Hemostasis

0. Mineral Metabolism Intermittent delivery to:

1. UTSW Campus including Clements University Hospital, 6201 Harry Hines Blvd., Dallas, Texas 75390, and the BioCenter at Southwestern Medical District, 2330 Inwood Road, Dallas, TX 75390:

0. Veripath Laboratories

· Virology

· Cytogenetics

· Molecular Diagnostics

· Immunohistochemistry

· Flow Cytometry

· Histocompatibility

· Immunodermatology

0. Andrology

0. Hemostasis

0. Mineral Metabolism

0. VA Fort Worth Outpatient Clinic, 2201 SE Loop 820, Ft. Worth, TX 76119

0. Intermittent pickup from:

2. UTSW Campus including Clements University Hospital, 6201 Harry Hines Blvd., Dallas, Texas 75390, and the BioCenter at Southwestern Medical District, 2330 Inwood Road, Dallas, TX 75390 Delivery to:

1. Dallas VA Medical Center, 4500 S. Lancaster Rd., Dallas, Texas 75216

Other sites may be added or deleted as need arises as routine or intermittent pick up and/or delivery sites. The quantities in the pricing schedule are estimates, not a guaranteed quantity, subject to increase/decrease.

1. FEE SCHEDULE

Contractor to determine routes by segments in advance. One rate shall be charged for each segment of the pickup and/or delivery route.

1. GOODS TRANSPORTED

2. Items to be transported will consist primarily of small prepackaged containers and/or coolers containing lab specimens from each pickup location. Shipments may also include:

0. Envelopes

0. Small boxes containing mail

0. Medical records

0. X-ray films

0. Supplies All shipments will be clearly labeled. The VAMC and CBOCs will be responsible for proper packaging and labeling.

2. The contractor shall maintain proper temperature in vehicles to preserve medical supplies, specimens, and films.

2. The contractor shall provide temperature monitoring devices for each container used to transport specimens. Temperatures of containers holding specimens will be monitored by P&LMS staff.

2. The contractor shall provide insulated transport containers for the pickup/delivery of specimens.

2. The contractor shall also furnish various types of puncture-proof containers (coolers) for test specimens, which shall be labeled “biohazard.”

2. Vehicles shall not be left in extreme heat or cold while specimens and films are being transported.

2. Occasionally, the contractor shall be required to transport shipments containing dry ice. Dry ice is used to transport certain specimens and is not expected on a routine basis.

1. COURIER RESPONSIBILITES

3. The contractor assumes all liability risks for work performed under this contract. The contractor must assume total liability for all contract employees. All couriers transporting specimens under this contract shall possess a valid driver’s license, vehicle insurance and registration, and have two-way radios, cell phones, or pagers for communication purposes.

3. The cargo may contain bio-hazardous material and dangerous goods. The contractor shall certify that all individuals involved in transporting clinical specimens have been trained and tested as specified in the training requirements of 49 CFR Part 172, Subpart H.

3. The contractor shall ensure that biohazardous material transport training for all individuals involved in transporting clinical specimens is up to date. The contractor may be required to provide proof of training for regulatory purposes.

3. All couriers transporting specimens under this contract shall display photo badges that identify them as a contract courier.

3. The contractor shall provide all vehicles and couriers needed to perform this effort.

3. The contractor is responsible for ensuring each vehicle is adequately stocked with at least one up-to-date complete “Spill Kit” for biohazard cleanup in case of leakage or accidental discharge. The contractor shall ensure individuals transporting goods have been trained in biohazardous spill clean-up procedures.

3. The contractor shall pick up all empty containers/coolers and other items from the delivery site and return them to the specified clinic locations at the next pick-up date/time.

1. PICKUP/DELIVERY SCHEDULE

1. Pickup and deliveries shall be made daily from each clinic (Monday-Saturday) except on Federal Holidays (as observed). Pickup times and days shall be established for each CBOC and Clinic by P&LMS.

National Holidays (The holidays observed by the Federal Government):

1. New Year’s Day

1. Martin Luther King’s Birthday

1. President’s Day

1. Memorial Day

1. Independence Day

1. Labor Day

1. Columbus Day

1. Veterans Day

1. Thanksgiving

1. Christmas Day

1. Any other day specifically declared by the President of the United States to be a National Holiday

1. General Schedule of routine daily pickup and delivery routes.

1. AM pickup from the following locations for PM delivery to Dallas VAMC – P&LMS Client Services (214)-857-0666:

0. VA Fort Worth Outpatient Clinic (817)730-0074

1. PM pickup from the following locations for PM delivery to Dallas VAMC – P&LMS Client Services: (214) 857-0666:

0. Decatur CBOC (940) 627-7001

0. Denton CBOC (940) 891-6350

0. Greenville CBOC (903) 450-1143

0. Plano CBOC (972) 801-4212

0. Polk Street VA Clinic (214) 372-8100

0. VA Fort Worth Outpatient Clinic (817)730-0074

0. Grand Prairie CBOC

0. Garland VA OPC

1. PM pickup from Dallas VAMC – P&LMS Client Services: (214) 857-0666 for delivery to the following locations:

2. UTSW Campus and Veripath Laboratories (214) 633-0400

1. Changes in established pickup and delivery times will be negotiated between the contractor and the service.

1. The contractor shall give prior notification to each clinic at the phone numbers indicated below if the scheduled pick-up time cannot be met for any reason:

0. Dallas VAMC – P&LMS Client Services: (214) 857-0666 or (214) 857-0714

0. VA Ft. Worth OPC – (817) 730-0074

0. Denton CBOC – (940) 891-6350

0. Greenville CBOC – (903) 450-1143

0. Polk Street VA Clinic – (214) 372-8100

0. Plano CBOC – (972) 801-4212

0. Grand Prairie CBOC

0. Garland VA OPC

1. PERIOD OF PERFORMANCE

This agreement will be one base year with four additional option years.

1. PATIENT PRIVACY/RELEASE OF MEDICAL INFORMATION

The contractor is responsible, in the transport of specimens, to ensure that all patient information remains confidential and is always kept in a secure manner while in the couriers’ possession.

1. CONTINUITY OF SERVICES

1. HIPAA COMPLIANCE/ SECURITY REQUIREMENTS

8. Contractor must adhere to the provisions of Public Law 104-191, Health Insurance Portability and Accountability Act (HIPPA) of 1998 and the National Standards to Protect the Privacy and Security of Protected Health Information (PHI).

8. The Certification & Authorization (C&A) requirements do not apply. A Security Accreditation Package is not required.

1. PHYSICAL SECURITY

The Contractor shall safeguard all government property, including controlled forms provided for contractor use. At the close of each work period, government equipment, facilities, and other valuable materials shall be secured.

1. TRAINING

10. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:

0. Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems;

0. Successfully complete the appropriate VA privacy training and annually complete required privacy training; and

0. Successfully complete any additional privacy training, as required for VA personnel with equivalent information access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document – e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.]

10. The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.

10. The contractor shall ensure couriers receive annual biosafety training and triennial specimen transport training as required by OSHA. Training records will be made available by the contractor upon request for regulatory inspection purposes.

1. RECORDS MANAGEMENT

11. All records (administrative and program specific) created during the period of the contract belong to VA North Texas Health Care System (VANTHCS) and must be returned to VANTHCS at the end of the contract.

1. QUALITY ASSURANCE

The Quality Assurance Surveillance Plan (QASP) and its performance will be used to determine Customer Satisfaction scores (CPARS). Customer satisfaction ratings are based on the average score for each category listed in the table below:

· Exceptional – 4

· Very Good – 3

· Satisfactory – 2

· Marginal – 1

· Unsatisfactory <1

(CPARS)

Repeat runs are minimal due to transport issues.

· Exceptional: 0

· Very Good: 1

· Satisfactory: 2

· Marginal: 3

· Unsatisfactory: >3

· Problem records

· Manifests Exercise of Option Period

Works with customer to resolve complaints.

· Transport records

· Problem records

· Manifests Exercise of Option Period

· Exceptional: 100%

· Very Good: 95-99%

· Satisfactory: 90-94%

· Marginal: 85-89%

· Unsatisfactory: <85%

· Troubleshooting records

· Manifests Exercise of Option Period

Invoices are itemized by the service received.

· Excellent: 95-100%

· Very Good: 90-94%

· Satisfactory: 85-89%

· Marginal: 80-84%

· Unsatisfactory: <80%

(CPARS)

· Exceptional: 100%

· Very Good: 95-99%

· Satisfactory: 90-94%

· Marginal: 85-89%

· Unsatisfactory: <85%

· Invoice records

· Transport records

· Problem records Exercise of Option Period

0. EVALUATION – COMMERCIAL ITEMS

The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

The following evaluation factors listed, will be in descending order of importance, in order to evaluate all bids: Past performance, technical factors, and price. The technical factors and past performance evaluation factors will be rated more significantly and as more important than price in the evaluation of the final bids that will be received.

The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers.

0. The evaluation factors are:

0. Past Performance

0. Technical Factors

0. Price

0. Past Performance: Provide a minimum of three references below for courier services including names and phone numbers of responsible individuals who would have firsthand knowledge of performance. Past performance references with other clinical/medical facilities is preferred.

Name: _________________________________________________________

Address: _______________________________________________________

Contact Person: ________________________ Title: ___________________

Telephone Number: ______________________________________________

Name: _________________________________________________________

Address: _______________________________________________________

Contact Person: _____________________ Title: _______________________

Telephone Number: ______________________________________________

Name: _________________________________________________________

Address: _______________________________________________________

Contact Person: ______________________ Title: ______________________

Telephone Number: ______________________________________________

0. Capability/Technical to perform services as indicated in the solicitation for offer by furnishing the following information:

2. Provide business location and length of time in business performing similar services. Provide length of time service has been provided at this site.

Business Location: ____________________________________________

Length of Time Service Provided at This Site: ______________________

Length of Time in Business Performing Similar Services_______________

1. Number of personnel regularly employed on a full-time basis ___________

1. Staff Training – indicate length and type of training and work experience of individuals assigned to perform under this contract, for the service identified. Training documentation should be as detailed as possible, indicating the source and dates of training, where performed, etc., and shall relate to the training required by this contract. For new employees, indicate planned training and schedule, along with any related/relevant prior work experience.

1. Employee Name, Type and Length of Training, and Work Experience for Each Employee Performing on This Contract:

0. Price – provide most favored customer pricing.

0. Past Performance and Technical factors when combined, are significantly more important than cost or price.

Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

A written notice of award of acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

NARA RM Language Clause to be included in contracts, as necessary:

1. Citations to pertinent laws, codes and regulations such as 44 U.S.C Chapter 21 , 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

2. Contractor shall treat all deliverables under the contract as the property of the U.S.

Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

3. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government ‘IT’ equipment and/or Government records.

4. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

5. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract or identified in the RCS 10-1.

6. The Government Agency owns the rights to all data/records produced as part of this contract.

7. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

8. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

9. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

10. Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under or relating to this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

References:

VHA Directive 6300 VA Handbook 6300.1 North Texas VA Medical Center Policy VA Directive 6500 36 CFR Part 1222.32 (b)

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

LAB COURIER SERVICE CBOC (DENTON)

Contract Period: Base POP Begin: award date POP End: 03-31-2021

LAB COURIER SERVICE GREENVILLE

POP Begin: 04-01-2020

LAB COURIER SERVICE FWOPC (M-F)

LAB COURIER SERVICE FWOPC (SATURDAY)

LAB COURIER SERVICE POLK STREET CLINIC

LAB COURIER SERVICE PLANO

LAB COURIER SERVICE UNSCHEDULED

LAB COURIER SERVICE GRAND PRAIRIE

LAB COURIER SERVICE for OY1 Contract Period: Option 1 POP Begin: 04-01-2021 POP End: 03-31-2022

LAB COURIER SERVICE for OY2.

Contract Period: Option 2 POP Begin: 04-01-2022 POP End: 03-31-2023

LAB COURIER SERVICE for OY3.

Contract Period: Option 3 POP Begin: 04-01-2023 POP End: 03-31-2024

LAB COURIER SERVICE for OY4.

Contract Period: Option 4 POP Begin: 04-01-2024 POP End: 03-31-2025

MARCH 12, 2010

VA HANDBOOK 6500.6

APPENDIX D

Page 1 of 36C25720Q0368

APPENDIX D

D- Page 1 of

SECTION C - CONTRACT CLAUSES

52.204–25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

As prescribed in 4.2105(b), insert the following clause:

Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2019)

(a) Definitions. As used in this clause—

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means—

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means—

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled—

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in Federal Acquisition Regulation 4.2104.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

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

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

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

(i) Payment.—

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

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

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The…