36C26022Q0877 Radiation Dosimetry.docx

36C26022Q0877 Radiation Dosimetry

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE

DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a.

PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

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

SEE

ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

26.

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

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212

-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNAT

URE OF OFFEROR/CONTRACTOR

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

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

36C26022Q0877 09-15-2022 Jayme Defae 360-852-9872 10-14-2022 15:00

PDT

Network Contracting Office 20

ATTN: V4CONT

1601 E. Fourth Plain Blvd Bldg.17, Suite B428 Vancouver WA 98661 X 541380 $16.5 Million N/A X Department of Veterans Affairs All facilities within the WSNC, dictated by order.

Y Department of Veterans Affairs Network Contracting Office 20 1601 E Fourth Plain Blvd Vancouver WA 98661

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center

PO BOX 149971

Austin TX 78714-9971 See CONTINUATION Page The Department of Veterans Affairs seeks to establish a single award BPA for Radiation Dosimetry Testing for use within the Western States Network Consortium (WSNC).

See B.3 Price/Cost schedule for items. Page 12.

See Attachment for WSNC Facilities and Clinics.

Questions due by 10/03/2022 at 15:00 PST. No other questions will be considered after the due date of 10/03/2022.

Contracting POC: Jayme Defae, Jayme.Defae@va.gov See CONTINUATION Page X Jayme Defae Contract 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 36C260 Network Contracting Office 20

ATTN: V4CONT

1601 E. Fourth Plain Blvd Bldg.17, Suite B428 Vancouver WA 98661

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.

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

B.2 STATEMENT OF WORK (SOW)

1. STATEMENT OF WORK

Under this agreement, the Blanket Purchase Agreement (BPA) holder shall provide Radiation Dosimetry monitoring equipment, analysis services, and reporting services for the Western States Network Consortium WSNC medical facilities.

Veterans’ Health Administration (VHA) WSNC is comprised of five Veteran Integrated Service Networks (VISNs 17, 19, 20, 21 and 22) across 18 states and three U.S. territories. WSNC supported facilities stretch from Texas to Alaska and include Hawaii, Guam, American Samoa, and the Philippines. All WSNC medical centers, facilities and clinics are authorized to order from this BPA. See Attachment for current location list. The list is subject to change as clinics are added within the catchment area.

These monitors and reports are used by VA radiology departments and nuclear medicine personnel to measure radiation exposure in patients and employees.

All VHA facilities within the WSNC are authorized to order any item listed on the Price-Cost Schedule (Attachment A) at the listed price. No items may be ordered off this BPA unless they are listed on the Price-Cost Schedule.

Additional, related items may be added without further competition to the Price/Cost Schedule with the award of a Modification by the administering Contracting Officer (CO). The administering CO is the only VHA employee authorized to Modify this BPA.

2. OBLIGATION OF FUNDS

This BPA does not obligate any funds. The Government is only obligated to the extent of authorized Task Orders (TOs) issued under this BPA.

3. PRICE/COST SCHEDULE

The Contractor shall provide firm-fixed prices for each orderable item on the Price/Cost Schedule spreadsheet (Attachment A).

4. TERM OF BPA

This BPA is effective from the date of award for a period of 5 years. An annual review will be conducted by the CO, to determine if it is in the best interest of the Government to continue performance of the BPA.

5. AUTHORIZED USERS

All properly warranted COs in the (WSNC) are authorized to place orders under this BPA.

Government Purchase Card holders may place TOs off this BPA. The administering CO is the only person authorized to make changes to the terms of the BPA.

6. ORDERING

TOs will be placed against this BPA using official email messages and Electronic Data Interchange (EDI).

The Terms and conditions included in this BPA apply to all purchases made pursuant to it. In the event of an inconsistency between the provisions of this BPA and the Contractor's invoice, the provisions of this BPA will take precedence, unless TO variation has been otherwise authorized by the BPA.

7. PURCHASE LIMITATIONS

Individual Task Orders (TO) may not exceed $50,000 each.

The Price Ceiling is $4,500,000 over the life of the BPA.

8. DESCRIPTION

A dosimetry program is highly regulated by the Nuclear Regulatory Commission (NRC). Maintaining a dosimetry program requires using a reliable dosimetry processor. Failure to maintain an appropriate dosimetry program and provide individual monitoring devices or equipment could result in severe penalties, lawsuits, fines, and/or the revocation of our permit to use byproduct material under the Master Materials License (MML) issued to the Department of Veterans Affairs by the NRC. Loss of our permit would result in the termination of all Nuclear Medicine Clinic Operations, all other clinical and therapeutic uses of radioactive materials, and the research use of radioactive materials. Penalties and fines could also be levied.

For purposes of this contract, the terms “personnel dosimeter” is an individual monitoring device that requires processing to determine the radiation dose, and that is used by the Veterans Health Care System to comply with 10CFR20.1201, with other applicable provisions of Title 10 Chapter 20, or with conditions specified in the license.

The Contractor shall provide all personnel, equipment, tools, certifications, supervision, and all other technologies and technical services to provide the radiation dosimetry monitoring equipment, analysis services, and reporting services as listed in Attachment A at WSNC facilities.

The contractor shall be accredited by NVLAP (National Voluntary Laboratory Accreditation Program) and DOELAP (Department of Energy Laboratory Accreditation Program). The contractor shall provide full-service technical support, analytical, and client support for occupational dose monitoring.

a) GENERAL The Contractor shall provide the WSNC with diagnostic evaluation and reporting, including direct computer access via the internet to the database for exposure reports, shipment tracking and account maintenance transactions.

The contractor shall provide notification of radiation overexposure within 24 hours of findings.

The contractor shall keep complete historical records for all dosimeters processed to include comprehensive radiation exposure reports, including NRC reporting requirements, As low as reasonably achievable (ALARA), and fetal dose reports.

All reports shall be provided as a hardcopy and/or electronically to the ordering facility. The contractor shall coordinate with the ordering facility to collate radiation reports from any prior contractor.

b) NRC REPORTING REQUIREMENTS The contractor shall provide a detailed dose history for the year at the ordering facility. This report shall satisfy the requirements by the Nuclear Regulatory Commission (NRC). This report shall include all the information as required by the NRC. Reports shall be generated annually after close of a calendar year or quarterly with current data up to the last wear period (month) reported.

c) FETAL MONITORING The contractor shall be responsible for fetal dose monitoring. The contractor shall supply the ordering facility with a whole-body dosimeter and a fetal dosimeter for the expectant mother. The monthly dose report shall list the estimated dose from conception to declaration, rolling exposure history by month for both mother and child, and accumulated fetal totals for the gestation period.

d) ALARA NOTIFICATION The contractor shall notify the ordering facility by phone and/or fax within 24 hours of findings when an individual’s dose exceeds:

20% of the regulatory limits (e.g., deep, lens of eye, shallow, etc.) for any given wear period, 50% of regulatory limits year to date, or Levels set by the ordering facility.

e) DOSE EXPOSURE REPORTS Reports shall cover each wear period (monthly) and include cumulative totals. The reports shall comply with NRC, Occupational Safety and Health Administration (OSHA), and Department of Energy (DOE) regulations. Dose equivalents arising from exposure to photons (x or gamma rays) shall have deep, lens of the eye and shallow value reported. Beta exposures shall be reported as a shallow dose equivalent. Dose reports shall be given to the ordering facility on a monthly and yearly basis. The reports shall include the following: participant number, name, ID number, dosimeter, use, rad type, rad quality, inception date, serial number, dose equivalent (mrem) for: monthly wear period, quarter to date, year to date, lifetime to date. Each period shall have the following categories: DDE (deep dose equivalent), LDE (lens dose equivalent), and SDE (shallow dose equivalent). The reports shall also include VA facility information, account number, received date, and reported date.

f) METER (Multiple Employer Total Exposure Report) The contractor shall supply a monthly report that list individuals who have activity in other dose monitoring accounts during the calendar year. Each individual exposure shall be summed up across all facilities to help compare totals with regulatory limits. This report shall satisfy the information required for the NCR’s requirement that occupational exposures be controlled within limits for all sources of on-the-job exposure.

g) ANALYSIS The contractor shall perform a full regulatory compliant analysis of all dosimeters and rings. OSL dosimeters, the detector shall have the ability to be re-stimulated numerous times to confirm the accuracy of a radiation does measurement. A full reanalysis shall be performed for every dose more than 500 mrem. Imaging to identify static, dynamic, or contaminated conditions shall be automatically performed for all beta and low-energy photon measurements yielding a dose more than 500 mrem. Reanalysis of doses at less than 500 mrem shall be performed if requested by the ordering facility. The contractor shall have the ability to differentiate between static and dynamic exposure. TLD Ring dosimeters, shall measure x, beta, and gamma radiation with a lithium fluoride chip. Accurate determination of exposure shall be supported by calibrations using a phantom. Rings shall be scanned to identify and track each ring from receipt to report. The process shall be overseen by knowledgeable technicians. The glow curve of the readout that permits a more conclusive evaluation of radiation exposure shall be retrieved and analyzed before the exposure report is generated if any anomaly appears.

h) RECORD RETENTION The contractor shall automatically provide permanent records archiving.

i) CUSTOMER SERVICE The contractor shall ensure timely response to customer inquiries by assigning a specific representative who shall be accessible during regular working hours through a toll-free phone system.

j) EMERGENCY SERVICES The contractor shall provide emergency processing of dosimetry devices when requested. This processing shall be completed within 24 hours of receipt of the device by the vendor. The Radiation Safety Officer or designee shall be notified of the processing results by telephone or email within 24 hours of receipt of the device by the vendor.

k) SUPPLIES The contractor shall provide the WSNC ordering facilities with OSL (optically stimulated luminescence) dosimeters or equivalent, control dosimeters, and TLD rings for personnel monitoring.

The dosimeters shall be provided to the ordering facility on the basis specified in the TO.

The ordering facility will return the dosimeters to the contractor for analysis.

l) OSL DOSIMETERS OR EQUIVALENT The OSL dosimeter or equivalent shall measure x, gamma and beta radiation for the whole body and extremities.

(1) The OSL dosimeter or equivalent shall be sealed inside a tamperproof plastic blister pack to eliminate possible mishandling, light leakage, or lost detection elements.

(2) The OSL dosimeter or equivalent shall be unaffected by heat moisture and pressure.

(3) The OSL dosimeter or equivalent shall come in individually wrapped pouches with a card containing worker information.

(4) The dosimeters shall be divided into department groupings with series name and or code indicated on each dosimeter.

(5) The wear period for a dosimeter is one month.

m) RING DOSIMETERS (TLD)

(1) The ring dosimeter shall measure exposure due to x, beta, and gamma radiation with TL (thermoluminescent) technology.

(2) The TLD shall be encapsulated inside an identification cover, so the identity of the chip and the wearer is always maintained.

(3) The rings shall be able to be worn in dry or wet working conditions and cold sterilized without compromising the integrity of the dosimeter.

(4) The rings shall come in 3 or more sizes; small, medium, and large.

(5) The edges of the ring shall be smooth, to be worn inside surgical gloves.

(6) The dosimeters shall be divided into department groupings with series name and/or code indicated on each dosimeter.

(7) The wear period for a dosimeter is one month.

n) CONTROL DOSIMETERS Control dosimeters shall be included in each shipment at no additional cost to record in-transit and storage exposure.

o) SUPPLY SHIPPING AND HANDLING SPECIFICATIONS

(1) The delivery of dosimetry devices is required within 7 calendar dates of record creation for additions of new personnel or additional badges for existing personnel unless a rush shipment is requested. The creation of a single record shall automatically provide all individual dosimetry devices for the current month and all subsequent months. When a rush shipment is requested, the dosimetry device(s) shall be received within 3 calendar days of record creation.

(2) Shipping containers shall be reusable for return of the devices to the contractor. Return shipping labels shall be supplied by the vendor.

(3) The dosimetry devices shall be provided in presorted series bags.

(4) Primary sorting and distinction shall include unlimited series separation by groups of users. Series coding shall be alphanumeric.

(5) Dosimetry devices shall provide obvious, distinct, color coding for easy special purpose identification while being worn. Dosimeter colors shall alternate with each wear period.

(6) Badges must be identified with clearly visible printed word “Collar”, “Chest”, “Waist” or other clear, descriptive nomenclature, to aid in proper wear positioning.

(7) The ring badge must have at least three (3) sizes, be waterproof, and have a permanent label. The ring badges shall be color coded for alternate months.

(8) Body badges shall be waterproof and have a permanent label.

p) DATA ACCESSIBILITY SPECIFICATIONS The contractor must have web access capability such that the Government may be able to at a minimum:

(1) Add, transfer, or delete personnel

(2) Add additional badges to existing personnel

(3) Review records (wearer, badge type, frequency, dose history, etc.)

(4) Summarize results (exposure levels, ALARA, etc.)

(5) Review exposure histories per entire account

(6) Review exposure histories for an individual

(7) Add lifetime cumulative dose for an individual

(8) Add current year dose for an individual

(9) Reactivate wearers and badges

(10) Assign spare badges

(11) List unreturned badges

(12) Download data files for unreturned badges

(13) Download data files for badge readings (exposure for specified periods)

(14) Access to dosimetry data software dashboard.

q) Training The Contractor shall provide training for the ordering facility’s designated staff in accordance with the training requested on individual TOs and the manufacturer’s standards for operating the ordered equipment.

The training may be rendered in any medium (in-person, online, video conference, phone conference, etc.) agreed to by the facility and the Contractor.

r) Privacy Requirements Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

The Contractor shall comply with the requirements of the Federal Privacy Act of 1974 (Public Law 93-579), HIPAA (Public Law 104-191), and the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1972 (Public Law 83-255), as well as other statutes regarding confidentiality of patient information during and after the execution of this BPA.

The Contractor and the contract pharmacies shall keep all information concerning VA beneficiaries confidential and shall not release or disclose information to any person, except as authorized in writing and according to all applicable laws.

The Contractor shall not store patient information on a mobile device.

A verbal contact is sufficient to obtain prior authorization when needed.

The contract pharmacies that are authorized to fill prescriptions under the BPA and subsequent TOs must agree to the following conditions:

(1) All information concerning VA beneficiaries shall be kept confidential and shall not be disclosed to any person, except as authorized in writing from VA, and according to all applicable laws.

(2) Representatives of VA are authorized to visit the contractor’s sites and the premises of any pharmacy filling VA prescriptions during regular business hours for the purposes of auditing and evaluation, which may include the inspection of clinical records.

(3) The Contractor shall report all adverse drug events reported by VA beneficiaries to the facility Chief of Pharmacy, CO, Contracting Officer’s Representative (COR), and to the prescribing provider.

(4) Pharmaceutical services provided to VA beneficiaries shall meet all standards applicable to Medicaid recipients in the State where services are provided, and standards set forth in the current version of The Joint Commission accreditation manual for Ambulatory Care/Pharmaceutical Services.

s) Security Incident Investigation The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COTR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.

With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.

t) Contractor Employee Training 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:

(1) 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.

(2) Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training.

(3) Successfully complete the appropriate VA privacy training and annually complete required privacy training; and

(4) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system 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.] The contractor shall provide to the contracting officer and/or the COTR 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.

Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.

u) Business Associate Agreement (BAA) The Health Insurance Portability and Accountability Act of 1996 (HIPPA) requires that patient lists, names of patients, and any information concerning patients, are considered privileged information, and shall not be disclosed or revealed in any way for use outside the VA. The Contractor is subject to the same penalties and liabilities for unauthorized disclosures of such information as the VA. Patient confidentiality will be always protected.

As Contractor personnel will potentially have access to any patient information related to their performance of duties under this BPA, Contractor shall make its personnel aware that any such information that they might become aware of during their performance is considered privileged information and shall not be disclosed or revealed in any way outside communications with the COR(s) and pharmacists.

Contractor shall sign a Business Associate Agreement as a condition for award.

B.3 PRICE/COST SCHEDULE

The Government intends to award one Blanket Purchase Agreement (BPA) to satisfy this requirement. All VHA facilities within the Western States Network Consortium (WSNC) are authorized to order items listed on the Price/Cost Schedule Under this contract the awardee shall provide radiation dosimetry supplies and services as specified in the statement of work.

The price/cost schedule below is for all VISN’s covered by WSNC and by the period of performance. Please fill out all areas. This is not a guarantee of award.

Please note that the numbers estimated below are based off previous usage and are not an estimate of future usage. If unable to provide a listed item or an equivalent, Not Available NA, may be used.

Brand name or equal applies to all supplies listed in this price schedule.

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 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 PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.2 52.252-2 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)

C.3 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

(a) The Contractor shall conform to the standards established by: Nuclear Regulatory Commission (NRC) as to Radiation Dosimetry Program requirements.

(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: Nuclear Regulatory Commission (NRC)

(d) The offeror shall contact the Contracting Officer if response is not received within two weeks of the request.

(End of Clause) C.4 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.] [] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[X] 852.233–70, Protest Content/Alternative Dispute Resolution.

[X] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[X] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause) C.5 VAAR 852.219-9 VA SMALL BUSINESS SUBCONTRACTING PLAN MINIMUM REQUIREMENTS (DEC 2009)

(a) This clause does not apply to small business concerns.

(b) If the offeror is required to submit an…