36C25821Q0109.pdf

PAGE 1 OF 1. REQUISITION NO.

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

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

TIME

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

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

TELEPHONE NO. DUNS: DUNS+4:

PHONE: FAX:

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

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

SEE ADDENDUM

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

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

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

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

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

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

AUTHORIZED FOR LOCAL REPRODUCTION (REV. 2/2012)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 49

36C25821Q0109

Abdalia Smith 480-466-7923 03-19-2021

17:00 MST

36C258

Department of Veterans Affairs NCO22-Gilbert Network Contracting 4135 S. Power Road, Suite 103 Mesa AZ 85212

X

325412

1250 Employees

X

Department of Veterans Affairs Southern and Phoenix VA Hospitals 3601 S 6th Avenue - Tucson 85713 650 E. Indian School Rd. - Phx 85014

36C258

NCO22-Gilbert Network Contracting 4135 S. Power Road, Suite 103 Mesa AZ 85212

This is now accomplished through the Tungsten Network located at:

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

See CONTINUATION Page

The Southern and Phoenix Arizona VA Hospitals have a requirement for Radiopharmaceutical Delivery. Please see the Statement of Work, and Contract Price List Attachment for required items.

Any questions related to this solicitation must be submitted by 15 March 2021, 8:00 AM MST. Any questions received after that date/time will not be addressed.

Please direct all questions to: abdalia.smith@va.gov

See CONTINUATION Page

Jeremy Parker

VA-VHA-2020-13F7086D

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

2018)

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

C.3 52.216-18 ORDERING (AUG 2020)

C.4 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.6 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

C.7 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.8 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 23

C.9 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

C.10 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.11 VAAR 852.212-71 GRAY MARKET ITEMS (APR 2020)

C.12 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) . 26

C.13 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (NOV 2020)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JUN 2020) 35

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.3 52.216-27 SINGLE OR MULTIPLE AWARDS (OCT 1995)

E.4 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

E.5 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.6 52.216-1 TYPE OF CONTRACT (APR 1984)

E.7 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.8 VAAR 852.215-72 NOTICE OF INTENT TO RE-SOLICIT (OCT 2019)

E.9 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

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: TBD

b. GOVERNMENT: Contracting Officer 36C258 TBD

NCO22-Gilbert Network Contracting

4135 S. Power Road, Suite 103

Mesa AZ 85212

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [x] Upon acceptance of delivery 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 now 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:

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVIC

ES

QUANTIT

Y

UNI

T UNIT PRICE AMOUNT

1.00 JB ________________

Radiopharmaceutical Delivery: Phoenix VA Hospital Contract Period: Base POP Begin: 04-01-2021 POP End: 03-31-2022 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6505 - Drugs and Biologicals

Radiopharmaceutical Delivery: Tucson VA Hospital Contract Period: Base POP Begin: 04-01-2021 POP End: 03-31-2022 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Radiopharmaceutical Delivery: Phoenix VA Hospital Contract Period: Option 1 POP Begin: 04-01-2022 POP End: 03-31-2023 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Radiopharmaceutical Delivery: Tucson VA Hospital Contract Period: Option 1 POP Begin: 04-01-2022 POP End: 03-31-2023

PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Radiopharmaceutical Delivery: Phoenix VA Hospital Contract Period: Option 2 POP Begin: 04-01-2023 POP End: 03-31-2024 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Radiopharmaceutical Delivery: Tucson VA Hospital Contract Period: Option 2 POP Begin: 04-01-2023 POP End: 03-31-2024 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Radiopharmaceutical Delivery: Phoenix VA Hospital Contract Period: Option 3 POP Begin: 04-01-2024 POP End: 03-31-2025 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Radiopharmaceutical Delivery: Tucson VA Hospital Contract Period: Option 3 POP Begin: 04-01-2024 POP End: 03-31-2025 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Radiopharmaceutical Delivery: Phoenix VA Hospital Contract Period: Option 4 POP Begin: 04-01-2025 POP End: 03-31-2026 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Radiopharmaceutical Delivery: Tucson VA Hospital

Contract Period: Option 4 POP Begin: 04-01-2025 POP End: 03-31-2026 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

GRAND TOTAL ________________

B.3 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY

DELIVERY

DATE

0001 SHIP TO: Department of Veterans Affairs Phoenix VA Health Administration 650 E. Indian School Road Phoenix, AZ 85012

USA

1.00 NLT 3/31/2022

MARK

FOR:

Derek Lee 602-277-5551 x4780 Derek.Lee2@va.gov

0002 SHIP TO: Department of Veteran Affairs Southern Arizona VA Health Care System 3601 S. 6th Ave Tucson, AZ 85723

1.00 NLT 3/31/2022

FOR:

Jennifer Lewis 520-792-1450 Jennifer.Lewis8@va.gov

1001 SHIP TO: Department of Veterans Affairs Phoenix VA Health Administration 650 E. Indian School Road

1.00 NLT 3/31/2023

FOR:

Derek Lee

1002 SHIP TO: Department of Veteran Affairs Southern Arizona VA Health Care System 3601 S. 6th Ave

1.00 NLT 3/31/2023

FOR:

Jennifer Lewis

2001 SHIP TO: Department of Veterans Affairs

650 E. Indian School Road

1.00 NLT 3/31/2024

FOR:

Derek Lee

2002 SHIP TO: Department of Veteran Affairs

System 3601 S. 6th Ave

1.00 NLT 3/31/2024

FOR:

Jennifer Lewis

3001 SHIP TO: Department of Veterans Affairs

650 E. Indian School Road

1.00 NLT 3/31/2025

FOR:

Derek Lee

3002 SHIP TO: Department of Veteran Affairs

System 3601 S. 6th Ave

1.00 NLT 3/31/2025

FOR:

Jennifer Lewis

4001 SHIP TO: Department of Veterans Affairs Phoenix VA Health Administration 650 E. Indian School Road

1.00 NLT 3/31/2026

FOR:

Derek Lee

4002 SHIP TO: Department of Veteran Affairs

System 3601 S. 6th Ave

1.00 NLT 3/31/2026

FOR:

Jennifer Lewis

Statement of Work – Phoenix VA Hospital

I. Description of Radiopharmaceutical Services

1. Scope of Work: Contractor shall provide Radiopharmaceutical services for the Phoenix VA Healthcare System (PVAHCS) in Phoenix, Arizona Nuclear medicine Department. Services shall support VA beneficiaries.

2. Specific Tasks:

2.1. The contractor agrees to provide prepared single unit doses of radiopharmaceuticals and associated materials to PVAHCS as ordered and at the agreed upon price. Orders shall be placed each day (Monday through Friday by 4:30PM) for delivery the next business day (Monday through Friday) by 06:30 AM. A second order may be placed each business day for same day delivery.

2.2. Contractor shall have an adequate supply of contract products available to meet the requirements of the PVAHCS.

2.3. Contractor shall label all supplies as to the amount of radiopharmaceutical, preparation time, expiration time, date, etc. compliant with nuclear medicine information system.

2.4. All packaging of radioactive material MUST BE clearly labeled RADIOACTIVE on the outside of the shipping carton.

2.5. Contractor shall perform all quality control procedures as required by Federal and State regulatory agencies and Joint Commission.

2.6. Contractor shall meet all Nuclear Regulatory Commission, Department of Transportation, FDA, OSHA and all other agency rules and regulations (Federal and State).

2.7. Contractor shall accept returns for credit under the following conditions:

a. Product(s) ordered or shipped in error.

b. Product(s) damaged in shipment

c. Concealed shipping damages

d. Recalled product(s)

e. Outdated products in unopened, original container (specifically authorized for return by manufacturer).

3. Qualifications of Offerors:

3.1. Contractor must be regularly established in the business that is called for, and who in the judgment of the Contracting Officer are financially responsible and able to show evidence of the reliability, ability, experience, equipment, facilities and personnel directly employed or supervised by them to render prompt and satisfactory service.

3.2. Contractor must be licensed by the Nuclear Regulatory Commission and be regularly established in the business of providing radiopharmaceuticals. Offeror must provide copies of licenses and certifications along with quote to the Contracting Officer.

3.3. VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

LANGUAGE:

The C&A requirements do not apply, and that a Security Accreditation Package is not required.

4. Holidays: The following Federal Holidays are observed:

New Year’s Day

Birthday of Martin Luther King, Jr.(day of observance) Washington’s Birthday Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

5. Ordering: After award, the successful Offeror will be furnished the name(s) of individuals authorized to purchase against the Contract.

5.1. Normally, orders shall be placed during the workday, and delivery shall be required by 6:30 am the following workday to the PVAHCS, nuclear medicine department. Due to the demands of the Medical Center patient care requirements, contractor shall provide routine delivery and pick-up as many times as required by the PVAHCS at no additional charge. In the event that the requirements may be determined in advance, a longer delivery time may be scheduled accordingly.

5.2. The delivery order shall include the following information: contract item (s) and quantity, time (s) of delivery, and applicable VA order number.

5.3. Orders can be placed by the PVAHCS via telephone, fax, or e-mail.

5.4. EMERGENCY ORDERING PROCEDURES: Normal business hours are considered Monday through Friday: 6:30 am – 4:30 pm.

5.5. PERSON’S AUTHORIZED TO PLACE ORDERS:

5.6. PVAHCS staff members will be the only individuals authorized to place orders under this contract. Points of contact will be provided to the awardee immediately after contract award.

5.7. Ordering Contact Information: Contractor shall provide contact information for the placement of orders for items listed in the “Schedule of Supplies and Services” Section.

(Please complete the following requested information as part of your submission) POC Name: ____________________________________ Address: ________________________________ City/State/Zip Code: _____________________________ Ordering Phone Number: ________________________________ Ordering Fax Number: _________________________________________ Ordering E-Mail Address: ______________________________________

5.8.. When the Contractor offers an earlier delivery date and time than specified, the Government reserves the right to award whether in accordance with the requested schedule or in accordance with the earlier schedule offered by the contractor. If a contractor offers a longer delivery than that requested, the Government may award based on that schedule. If the contract offers no other delivery schedule, the delivery requested shall apply.

6. Delivery :

6.1. Delivery of supplies by the scheduled date will be complete except as otherwise authorized by the Ordering Personnel.

6.2. The Government may terminate this contract in whole or in part if the contractor fails to meet the required delivery schedule. The Contractor shall be liable for a fixed, occurring amount until the Government may reasonably obtain delivery of similar supplies. The contractor shall not be charged with damages when the delay in delivery arises out of causes beyond the control and without the fault or negligence of the contractor.

6.3. Delivery date and time specified may be adjusted by the Contracting Officer. The Contractor will be notified of this change at least seven (7) days prior to the original or adjusted delivery date.

6.4. DELIVERY LOCATION:

Radiopharmaceuticals shall be delivered to:

(The Hot Labs) located within the Nuclear Medicine Department PVAHCS For PET radiopharmaceuticals: Room A-0522A (Sally port) For single photon radiopharmaceuticals: Room A-0512B 650 E. Indian School Rd

6.5. DELIVERY COMMITMENT: Time of delivery specified or mutually agreed to at the time of receipt of telephone orders shall become mandatory upon the Contractor.

6.6. All charges incurred for delivery shall be included in the fee schedule to include fuel surcharges.

6.7. Contractor shall provide on an as-needed basis miscellaneous supplies and/or services including but not limited to the following:

a) OSHA compliant monitoring devices.

b) Dose Calibrator calibration.

6.8. Contractor shall supply F-18 FDG in MERAD Intego multi-dose vial for use in the Bayer/MEDRAD Intego infusion system unless requested as a unit dose.

Statement of Work – Tucson VA Hospital

1. Scope of Work: The SOUTHERN AZ VA HEALTH CARE SYSTEM (SAVAHCS) located at 3601 S.

6TH AVENUE TUCSON, AZ 85723 requires daily delivery of radiopharmaceutical unit doses in order to perform a variety of Nuclear Medicine diagnostic procedures.

Contractor shall provide Radiopharmaceutical Supplies in accordance with the terms and conditions of contract and provisions of this solicitation for a base year period with the Government’s option to extend the contract for four (4) additional one-year periods. The Contractor shall provide all labor, supervision and transportation necessary to meet the needs of the daily deliveries to SAVAHCS. The Contractor shall have an adequate supply of contract products to meet the requirements of the Department of Nuclear Medicine at SAVAHCS.

2. Specific Tasks:

2.1. The Contractor shall provide prepared single unit doses of radiopharmaceuticals and associated materials to VA as ordered and at the agreed upon price. VA shall place orders each day (Monday through Friday by 1630PM) for delivery the next business day (Monday through Friday) by 0700AM. A second order may be placed each business day for same day delivery. The order will be placed no later than 1500PM with a Delivery Time of no later than 1600PM that same day.

2.2. Contractor shall have an adequate supply of contract products available to meet the requirements of the VA.

2.3. Contractor shall label all supplies as to the amount of radiopharmaceutical, preparation time, expiration time, and date. Compliant with nuclear medicine information system.

2.4. Contractor shall clearly label all packaging of radioactive material RADIOACTIVE on the outside of the shipping carton, as well as on each item supplied as to the amount of the radiopharmaceutical, preparation time, expiration time, and date.

2.5. Contractor shall perform all quality control procedures as required by Federal and State regulatory agencies and Joint Commission for Radio Pharmaceuticals.

2.6. Contractor shall meet all Nuclear Regulatory Commission, Department of Transportation, FDA, OSHA and all other agency rules and regulations (Federal and State) for Radio Pharmaceuticals.

2.7. Contractor shall accept returns for credit under the following conditions:

a. Product(s) ordered or shipped in error.

b. Product(s) damaged in shipment

c. Concealed shipping damages

d. Recalled product(s)

e. Outdated products in unopened, original container (specifically authorized for return by manufacturer).

3. Qualifications of Offerors:

3.1. Contractor shall maintain a current license issued by the Nuclear Regulatory Commission and be regularly established in the business of providing radiopharmaceuticals. Offeror must provide copies of licenses and certifications along with quote to the Contracting Officer.

4. Holidays:

The following Federal Holidays are observed:

New Year’s Day Birthday of Martin Luther King, Jr. (day of observance) Washington’s Birthday Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

5. Ordering: Contracting Staff shall issue the Delivery Orders against the Contract.

5.1. VA will normally place Orders during the workday; normal hours 0700am to 1630pm and delivery shall normally be required by 0700am the following workday to the VA, nuclear medicine department.

Due to the demands of the Medical Center patient care requirements, contractor shall provide routine delivery and pick-up as many times as required by the VA at no additional charge. If the requirements may be determined in advance, a longer delivery time may be scheduled accordingly.

5.2. The Delivery Order shall include the following information: contract item (s) and quantity, time (s) of delivery, and applicable VA order number.

5.3. Orders can be placed by the VA via telephone, fax, or e-mail.

5.4. EMERGENCY ORDERING PROCEDURES: Normal business hours are considered Monday through Friday: 0700am – 1630pm. Any orders requiring deliveries after 1700PM or before 0700AM, weekends and holidays all day, or any order that needs to arrive within one hour of order being placed will be considered an Emergency Order.

Emergency Deliveries – delivery must be received within 3-hours of order

5.5. PERSON’S AUTHORIZED TO PLACE ORDERS:

VA staff members will be the only individuals authorized to place orders under this contract. The Contracting Officer will provide points of contact to the Contractor immediately after contract award.

5.7. Ordering Contact Information: Contractor shall provide contact information for the placement of orders for items listed in the “Schedule of Supplies” Section.

(Please complete the following requested information as part of your submission) POC Name: ____________________________________ Address: ________________________________ City/State/Zip Code: _____________________________ Ordering Phone Number: ________________________________ Ordering Fax Number: _________________________________________ Ordering E-Mail Address: ______________________________________

5.8. When the Contractor offers an earlier delivery date and time than specified, the Government reserves the right to award whether in accordance with the requested schedule or in accordance with the earlier schedule offered by the contractor. If a contractor offers a longer delivery than that requested, the Government may award based on that schedule. If the contractor offers no other delivery schedule, the delivery requested shall apply.

6. Delivery:

6.1. Delivery of supplies by the scheduled date will be complete except as otherwise authorized by the Ordering Personnel.

6.2. The Government may terminate this contract in whole or in part if the contractor fails to meet the required delivery schedule.

6.3. Delivery date and time specified may be adjusted by the VA Ordering Activity. The Contractor will be notified of this change at least one (1) day prior to the original or adjusted delivery date.

6.4. DELIVERY LOCATIONS BASED ON MEDICAL CTR ORDER:

Contractor shall deliver radio pharmaceuticals to Southern AZ VA Health Care System (SAVAHCS) 3601 South 6th Ave.

Nuclear Medicine Dept. # 6-115 Building 38, Room A-109 Tucson, AZ 85723 Normal Work Hours – 0700AM. To 1600PM., Monday through Friday

6.5. All charges incurred for delivery shall be included in the fee schedule to include fuel surcharges.

6.6 DELIVERY TIME: Contracting Officer’s Technical Representative shall coordinate with Vendor for a mutually agreed upon schedule of dates and times injections must be delivered.

6.7 DELIVERY TICKETS: Contractor shall provide a written delivery ticket or sales slip to accompany each delivery. The delivery ticket shall contain the following information: Name of Supplier, Date of Purchase, and an itemized list of supplies.

6.8 DELIVERY COMMITMENT:

Time of delivery specified or mutually agreed to at the time of receipt of telephone order shall become mandatory upon the Contractor. Failure to perform in accordance with the delivery commitment may be grounds for termination of contract in accordance with the provisions for default.

7. Tc-99M REQUIREMENT FOR ALL VA MEDICAL CENTERS: Contractor shall ensure that all Tc- 99m provided under this contract has been produced by the low enriched uranium method when available.

8. SPECIAL REQUIREMENTS:

Contractor shall meet all local, state, federal, industry, Joint Commission (JC), Nuclear Regulatory Commission (NRC), National Health Physics Program (NHPP) VA, Occupational Safety & Health Administration (OSAH), and other regulatory standards. Services shall be provided seven days a week.

9. RADIOACTIVE SECURITY: Contractor shall contact VA Police at time of arrival for building access.

The location and contact numbers for the VA Police will be provided to the Contractor at time of award.

10. SETUP TIME: Contractor shall allow adequate time for daily setup to ensure delivery without delay of scheduled services.

11. RESPONSIBILITY: Contractor shall be solely responsible for the manufacturing, distribution, and delivery of all radiopharmaceutical supplies provided in the performance of the PET/CT services.

Supplies shall be handled in accordance with Contractor’s Licensing and NRC Regulations.

12. WASTE REMOVAL: Contractor shall be responsible for proper disposal/removal of radioactive waste materials from doses that originated by the Contractor.

13. CONSULTATION: A licensed Radio pharmacist shall be provided by the Contractor and will be available for consultation inquiries, via telephone, during normal duty hours, Monday through Friday, 0700am to 1700pm.

14. ORDERS: Orders will be placed by an authorized VA Medical Center employee by fax or phone.

Orders placed by phone will be followed up with a confirmation fax.

15. PERSON’S AUTHORIZED TO PLACE ORDERS: The Contracting Officer will provide Contractors a list of individuals authorized to place orders at time of award of contract.

16. QUALITY CONTROL (QC)/QUALTIY ASSURANCE (QA): Contractor shall ensure that all radiopharmaceuticals supplied by the Vendor shall meet Food and Drug Administration (FDA) and Nuclear Regulatory Commission (NRC) standards for sterility, freedom from pyrogens and contaminants, and radiochemical integrity.

In the event a quality control or material defect is suspect and/or detected by a VA Nuclear Medicine Technologist, the Contractor shall provide any consultation necessary to alleviate any said suspicion and/or defect by the following:

i. Provide technical expertise in calibration; and

ii. Provide professional examination of product, submit recommendation to Contacting Officer; and

iii. Make expedient replacement of any product suspected of being deficient

Offerors will also be required to perform all quality control procedures as required by Federal and State regulatory agencies and Joint Commission as they pertain to Radio Pharmaceuticals.

17. QUALITY ASSURANCE AND PERFORMANCE MONITORING: The Government will periodically evaluate the Contractor’s performance by appointing a representative(s) to monitor performance to ensure performance objectives are being met. The Government may inspect each delivery as deemed appropriate to ensure quality, standards and safe products are received. Likewise, the Government may decrease the number of quality assurance inspections if performance dictates.

SAVAHCS Quality Assurance Personnel will validate any complaints and report to the Government Contracting Officer who will then take necessary action to enforce Contract compliance.

18. SAVAHCS UNIQUE REQUIREMENT: Contractor shall provide individual shielding for Fluorine-18 radiotracers doses such that they are delivered in shielding with surface reading of less than 30 millirems.

Each shielded container must weigh less than 17lbs.

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS (OCT 2018)

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

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

and

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

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

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

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

ITEMS

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 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

(End of Clause)

FAR

Number

Title Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

JUN 2020

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON

POSTCONSUMER FIBER CONTENT PAPER

MAY 2011

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

JAN 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR APR 1984

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

DEC 2013

C.3 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the effective date of the contract through the end of the effective period.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of Clause)

C.4 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $4,000.00;

(2) Any order for a combination of items in excess of $500,000.00; or

(3) A series of orders from the same ordering office within 2 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after September 30, 2026.

(End of Clause)

C.6 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

(End of Clause)

C.7 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. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of contract expiration.

(End of Clause)

C.8 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR

2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years, 6 months.

(End of Clause)

C.9 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

(a) The Contractor shall conform to the standards established by: as to .

(b) The Contractor shall submit proof of conformance to the standard. This proof may be a label or seal affixed to the equipment or supplies, warranting that the item(s) have been tested in accordance with the standards and meet the contract requirement. Proof may also be furnished by the organization listed above certifying that the item(s) furnished have been tested in accordance with and conform to the specified standards.

(c) Offerors may obtain the standards cited in this provision by submitting a request, including the solicitation number, title and number of the publication to:

(d) The offeror shall contact the Contracting Officer if response is not…