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36C26319R0131

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 SI

GN 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. SIGN

ATURE 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

36C26319R0131 07-02-2019 Wendy Hoeschen 320-255-6307 08-02-2019 Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

Contract Officer 4801 Veterans Drive St. Cloud MN 56303 X 621991 $32.5 Million N/A X Department of Veterans Affairs Minneapolis/ St Cloud VA Medical Center Veterans Drive Minneapolis MN 55417

SAME AS BLOCK 9

Department of Veterans Affairs Financial Service Center PO Box 149971 Austin TX 78714 512-460-5540 See CONTINUATION Page Blood and Blood Products for the Minneapolis and St Cloud VA Health Care Systems See attached statement of work and price/cost schedule See CONTINUATION Page X X

WENDY HOESCHEN

Table of Contents

SECTION A1
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS1
SECTION B - CONTINUATION OF SF 1449 BLOCKS3
B.1 CONTRACT ADMINISTRATION DATA3
B.2 DELIVERY SCHEDULE29
SECTION C - CONTRACT CLAUSES30
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)30
C.2 52.216-18 ORDERING (OCT 1995)35
C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)35
C.4 52.216-21 REQUIREMENTS (OCT 1995)36
C.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)37
C.6 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)37
C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)38
C.8 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)39
C.9 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)39
C.10 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)39
C.11 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2019)40
C.12 MANDATORY WRITTEN DISCLOSURES47
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS48
VA HANDBOOK 6500.6 APPENDIX C48
BUSINESS ASSOCIATE AGREEMENT BETWEEN THE DEPARTMENT OF VETERANS AFFAIRS VETERANS HEALTH ADMINISTRATION, , AND56
SECTION E - SOLICITATION PROVISIONS62
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018)62
E.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)66
E.3 52.216-1 TYPE OF CONTRACT (APR 1984)67
E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)67
E.5 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE (JAN 2008)67
E.6 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)68
E.7 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)68
E.8 VAAR 852.273-74 AWARD WITHOUT EXCHANGES (JAN 2003)69
E.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)69
E.10 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (OCT 2018)70

SECTION B - CONTINUATION OF SF 1449 BLOCKS

INTENTIONALY LEFT BLANK

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 36C263 Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

Contract Officer 4801 Veterans Drive St. Cloud MN 56303

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] IN ARREARS AFTER RECEIPT

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.

Department of Veterans Affairs Financial Service Center PO Box 149971

Austin TX 78714 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO
DATE

Statement of Work Blood Product Supply and Transfusion Related Referral Testing

1. General Requirements:

Contractor will provide the Minneapolis VA Healthcare System, 1 Veterans Drive, Minneapolis, Minnesota, 55417, herein after referred to as MVAHCS, and the St. Cloud VA Healthcare System, 4801 Veterans Dr, St. Cloud, MN 56303, herein after referred to as SCVAHCS, with blood products and transfusion related referral lab testing as specified in the schedule of items.

The MVAHCS and SCVAHCS are requesting a base year of twelve (12) months, with four (4)- twelve (12) month option years to be exercised at the discretion of MVAHCS.

1.A. Schedule of items:

Products and services required by MVAHCS and SCVAHCS from contractor. The quantities as listed in this Schedule of Items are estimated yearly requirements. The MVAHCS and SCVAHCS attempt to be as accurate as possible when providing estimated quantities, however, actual quantities required may vary from quantities as listed below. All products and services will be requested on an “on demand, as needed” basis.

Item #
Product Description
ISBT Codes
Est Qty for MVAHCS
Est Qty for SCVAHCS
Total Est Qty
1
Red Blood Cells, Leukocyte Reduced
E0686V00, E0685V00, E0336V00, E0181V00, E0678V00, E0661V00
2000
200
2200
2
Red Blood Cells, Leukocyte Reduced Irradiated
E0332V00, E0668V00, E0669V00
400
60
460
3
Red Blood Cells, Saline Washed
E5170V00
5
0
5
5
Platelets, Apheresis, Leukocyte reduced
E3088V00, E3077V00, E7011V00, E3089V00, E3087V00
80
25
105
6
Platelets, Apheresis, Leukocyte reduced, Irradiated
E3058V00, E3057V00, E3056V00, E3046V00
10
5
15
7
Platelets, PAS
E7003V00, E7001V00, E7004V00, E7002V00
750
0
750
8
Platelets, PAS, Irradiated
E7008V00, E7007V00, E7006V00, E7005V00
500
0
500
9
Platelets, Psoralen Treated
E8341V00, E8342V00, E8343V00, E8340V00
52
0
52
10
Fresh Frozen Plasma (Frozen within 24 hours)
86927
10
8
18
11
Frozen Plasma (Frozen within 24 hours)
E2555V00, E7644V00
500
8
508
12
Plasma, Cryoprecipitate Reduced
P9044
100
0
100
13
Cryoprecipitate AHF Pooled
E7588V00
100
0
100
14
HLA Typed Product Surcharge
5
0
5
15
Granulocyte, Apheresis
E7588V00
5
0
5
Brief Description of Service*
CPT Code
Est Qty for MVAHCS
Est Qty for SCVAHCS
Total Est Qty
16
Platelet Crossmatch
86022
50
2
52
17
RBC Antigen Typing (per antigen)
86905
150
10
160
18
ABO type
86900
5
0
5
19
RH Type
86901
5
0
5
20
Antibody Screen
86850
5
0
5
21
Compatibility prescreen
10
10
20
22
Antibody Identification
86870
20
5
25
23
Antibody Elution
86860
5
0
5
24
DAT, each antiserum
86880
20
0
20
25
RH phenotype complete
86906
5
0
5
26
Differential Adsorption of serum
86978
5
0
5
27
Babesia testing of RBC's
86317
2400
250
2650
28
HEA Panel Testing
81403
2
2

2. Specifications of Contractor:

A. All blood products offered must be provided from a blood bank that is currently registered and/or licensed with the Food and Drug Administration (FDA), Department of Health and Human Services pursuant to section 510 of the Federal Food, Drug and Cosmetic Act, as amended, 21 U.S.C. Section 260.

B. The contractor must make paper copies available to both MVAHCS and SCVAHCS of the “Circular of Information for the Use of Human Blood and Blood Components”, which, by FDA regulation, must be available to all prescribing physicians.

C. The Contractor must submit proof that it holds an unrevoked U.S. License which is issued by the Director, Bureau of Biologics, FDA under section 351 of the Public Health Service Act, as amended, 42 U.S.C. Section 262, as a source of supply for biological products.

D. Contractor must provide products from blood banks that are able to provide both MVAHCS and SCVAHCS with 100% volunteer donor blood in accordance with FDA rules and regulations.

i. Definition of a “volunteer donor”- “A volunteer donor is a person who does not receive monetary payment for blood donation. Benefits, such as monetary time off from work, membership in blood assurance programs, and cancellations on non-replacement fees that are not readily convertible to cash, do not constitute monetary payment.”

E. The contractor and its health-care providers will be liable for their liability-producing acts or omissions. The contractor will maintain or require all health-care providers performing under this contract to maintain, during the term of this contract, professional liability insurance issued by a responsible insurance carrier of not less than the following amounts, per specialty, per occurrence: One million dollars, unless the contractor is an entity or subdivision of a State that either provides for self-insurance or limits the liability of the amount of insurance purchased by State entities, then the insurance requirement of this contract will be fulfilled by incorporating the provisions the applicable State law. The Contractor, upon request of the contracting officer, prior to contract award, will furnish evidence of the insurability of the Contractor and/or of all health-care providers who will perform under this contract. The submission will provide evidence of insurability concerning the medical liability insurance required as described above or the provisions of State law as to self-insurance, or limitations on liability or insurance.

F. The Contractor must provide Certificates of Insurance or insurance policies evidencing the required insurance coverage and an endorsement stating that any cancellation or material change adversely affecting the Government’s interest will not be effective until 30 days after the insurer or the contractor gives written notice to the contracting officer. Certificates or polices will be provided for the contractor and/or each health-care provider who will perform under this contract.

G. The contractor must notify the contracting officer, or any of the health-care providers performing under this contract, of any change in insurance providers during the performance period of this contract. The notification will provide evidence that the contractor and/or health-care providers will meet all the requirements of this clause, including those concerning liability insurance and endorsements. These requirements may be met either under the new policy, or a combination of old and new polices, if applicable.

H. The contractor must obtain all necessary licenses and/or permits required to performed work described in this contract. Contractor will take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. The contractor will be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employee’s fault or negligence, and will maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of Minnesota. Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, will not be the responsibility of the contractor here under with the regard to any claims, loss, damage, injury, and liability resulting there from.

I. Contractor must present evidence of their technical capability to provide blood products which pass acceptable standards for blood banks per American Association of Blood Banks (AABB) Standards.

J. The reference laboratory must be accredited by American Association of Blood Banks (AABB), Food and Drug Administration (FDA) and Clinical Laboratory Improvement Amendments (CLIA), and must supply proof with proposal.

K. Upon request, the contractor must provide evidence of their quality process, proficiency testing, and surveillance by accreditation agencies.

3. Collection Requirements:

A. Minimum collection requirements contractor must follow:

i. All blood products are to be collected by the closed system under aseptic conditions and will be processed in appropriate solutions and the container so labeled.

ii. A sample of blood from each donation will be tested for infectious diseases and all testing shall comply with AABB (American Association of Blood Banks) Standards and the Code of Federal Regulations, 21 CFR Parts 606, 607, 610, 630, 640, 660, governing blood products.

iii. Products must be non-reactive for infectious disease marker prior to shipment, except with the express written authorization of the VA Blood Bank Medical Director or his/her designee.

iv. The contractor will utilize methods to limit introduction of bacteria during collection and processing of blood products, in accordance with the 31st edition AABB Standard 5.1.5.1.

v. Each platelet component must be tested for bacterial contamination using an Food and Drug Administration (FDA) -approved commercial detection system, or use pathogen reduction technology, in accordance with the 31st edition AABB Standard 5.1.5.2 and CAP TRM .44955.

vi. The contractor will immediately notify MVAHCS and/or SCVAHCS if subsequent testing indicates the supplied platelets may be contaminated with bacteria.

B. Donor Requirements

i. The contractor will ensure that all donor and blood component records are identified and traceable.

ii. Donor selection must be in accordance with criteria established by the Food and Drug Administration (FDA) and/or AABB (American Association of Blood Banks).

iii. The contractor will maintain available blood donor lists, including names, addresses, and social security numbers. Such lists must indicate whether, and on what date, blood of a particular donor was furnished to MVAHCS and SCVAHCS under this contract.

a. Under no circumstances will the contractor ever reveal the identity of the blood donor.

iv. Contractor’s donor identification numbers must be unique to the donor unit and must have a FDA-approved numbering schematic.

v. Each voluntary donation must be minimally tested for the following infectious diseases:

a. Hepatitis B Surface antigen (HBsAG)

b. Antibodies to hepatitis B core (anti-HBc)

c. Antibodies to hepatitis C (anti-HCV)

d. Antibodies to human immunodeficiency virus, type 1 and type 2 (anti-HIV1 and anti-HIV2)

e. Antibodies to human T lymphotropic virus type 1 and type 2 (anti-HTLV-1 and anti-HTLV-II)

f. Genetic viral material to detect HIV type 1 and HCV by nucleic acid amplification

g. Syphilis

h. Zika

i. Babesia

4. Minimum Labeling Blood Product Requirements:

A. All blood products will be typed and labeled for ABO and Rh antigens in accordance with methods recommended in the current edition of Standards for Blood Banks and Transfusion Services and the AABB (American Association of Blood Bank) Technical Manual.

B. All labels on blood products must be compatible with both MVAHCS and SCVAHCS VBECS systems.

C. The label will also indicate the expiration date of the contents, which must not exceed the Food and Drug Administration (FDA) allowable limit for the type of anticoagulant in which the blood component is drawn.

D. ISBT-128 labeling must be used on all blood products offered to both MVAHCS and SCVAHCS.

5. Ordering methods and procedures:

A. Contractors Primary preferred method of ordering. Both MVAHCS and SCVAHCS will try their best to accommodate the contractors preferred method of ordering blood products, but do not guarantee they will be able to utilize any forms of ordering other than telephonically placed orders.

i. If preferred method is a web-based portal or computer-based ordering system of any type, implementation is dependent on being found acceptable for use by the ISO (Informational Security Officers) in the VA Healthcare System. If deemed unacceptable for use, there will be no extra charges that incur to the Government for an alternative process of ordering.

(For Contractor to fill out):

Contractor’s preferred method of ordering: __________________________________________

B. A back up method of placing the order via telephone must be readily available in the instance the preferred method will not work.

(For Contractor to fill out)

Contractor’s point of contact: ___________________ Contractor’s Telephone Number for ordering:

Contractor’s Telephone Number for issues with Ordering: ___________________________ Contractor’s Address:

C. Routine orders:

i. MVAHCS will place an order for blood products Monday through Friday with the specific products and quantities to be delivered with the daily shipment. The vendor will work with the MVAHCS Blood Bank Supervisor to schedule a standing order for PAS platelets to insure proper coverage for morning surgeries and procedures.

a. Psoralen platelets may be used for the standing order if PAS platelets are not available, but at no additional charge to MVAHCS.

ii. SCVAHCS will place an order weekly with the specific products and quantities to be delivered with the weekly shipment.

D. STAT/emergency/additional orders: Requests will be placed by the preferred method, or the backup method, on an on-demand, as-needed basis, by laboratory personnel twenty-four hours a day, seven days per week.

i. Names of lab personnel authorized to place, accept, or reject orders will be provided to the contractor upon request.

6. Packaging, Shipping, and Delivery Time Requirements:

A. Packaging for delivery:

i. All blood products delivered under this contract will be properly packaged and insulated in such a way as to ensure that a proper temperature appropriate for the product is maintained during transport between the contractor’s place of business and both MVAHCS and SCVAHCS.

a. Red blood cells: Proper in-transit temp is +1C to +10C, packaged with wet ice.

b. Platelet Products: Proper in-transit temp is +20C to +24C.

c. Frozen Products: Must maintain frozen state.

ii. Blood products must be collected, stored, prepared, tested, and shipped in accordance with Food and Drug Administration (FDA) regulations, according to American Association of Blood Banks (AABB) Standards, and U. S. Department of Transportation (DOT) requirements.

B. Minneapolis shipping schedule:

i. Contractor will make a minimum of two scheduled daily deliveries, Monday through Friday, holidays excepted, between the hours of 0700 and 1500 SCT.

ii. Delivery times will be determined by the MVAHCS.

iii. MVHACS will place the order, via the preferred method of ordering, to the contractor stating the products and quantities needed for their delivery.

iv. Occasionally more than two deliveries per day may be required. The contractor must be able to offer extra shipments for deliveries that cannot wait until the next scheduled delivery.

v. The items will be delivered to the following address: Minneapolis Laboratory Blood Bank, Room BB-145, One Veterans Drive, Minneapolis, Minnesota, 55417.

C. St. Cloud shipping schedule:

i. Contractor will make a minimum of one scheduled weekly delivery, Monday through Friday, holidays excepted, between the hours of 0730 and 1500 SCT.

ii. Delivery times will be determined by SCVAHCS.

iii. SCVAHCS will place the order, via the preferred method of ordering, to the contractor stating the products and quantities needed for their delivery. Delivery will be within 3 hours of SCVAHCS notifying the contractor of the need.

iv. Occasionally more than one delivery per week may be required. The contractor must be able to offer extra shipments for deliveries that cannot wait until the next scheduled delivery.

v. The items will be delivered to the following address: St. Cloud Laboratory Building 1 Basement, 4801 Veterans Drive, St. Cloud, MN 56303.

D. The holidays observed by the Federal Government are as follows:

New Years Day* Martin Luther King Day (3rd Monday in January) Presidents Day (3rd Monday in February) Memorial Day (last Monday in May) Independence Day* Labor Day (first Monday in September) Columbus Day (2nd Monday in October) Veterans Day Thanksgiving Day* Christmas Day* Any day which is declared a federal holiday by the President

*Note: If the federal holiday falls on a Saturday, it will be officially observed on the Friday before the holiday. If the holiday falls on a Sunday, it will be officially observed on the Monday following the holiday.

E. Delivery time requirements:

i. STAT/emergency orders: Blood must be available twenty-four hours per day, seven days per week. Contractor must be able to make deliveries for emergency blood requirements within 60 minutes of notification of need to MVAHCS and SCVAHCS.

ii. ASAP: Delivery will be within two hours of notification of need to MVAHCS and SCVAHCS.

iii. Routine: Deliveries will be made per delivery schedule mutually agreed upon with contractor and both MVAHCS and SCVAHCS.

a. Each site will be fairly flexible with scheduled routine deliveries to accommodate for delivery schedules with other site’s transfusion needs.

F. Once units are received at both MVAHCS and SCVAHCS, those units become their property, and payment will be made appropriately, based on contract terms and proper invoicing. They are not to be treated as though they are on consignment. However, for inventory control purposes, efforts will be made by both MVAHCS and SCVAHCS to assist the contractor and other facilities in meeting patient transfusion needs.

7. Acceptance and Rejection Criteria for Blood Products:

A. All blood components will be labeled, stored, and shipped in accordance with the current regulations of the Food and Drug Association (FDA), American Association of Blood Banks (AABB) and U.S. Department of Transportation (DOT). In the event these regulations change during the course of the contract, the contractor will implement the necessary changes as directed/recommended by the regulatory and accrediting agencies. The contractor must notify both sites of any changes. All blood products supplied will be grossly free of hemolysis, excessive chyle, and clots.

i. Additional criteria for red blood cells:

a. The individual units must be visually inspected for any abnormality in color or physical appearance and for any indication of microbial contamination. If evidence exists, the units will not be accepted into inventory.

b. Units must have at least four segments remaining.

ii. Additional criteria for platelet products:

a. The individual units must be visually inspected for any abnormality in color or physical appearance and for any indication of microbial contamination. If evidence exists the units will not be accepted into inventory.

b. Contractor will be in compliance with CAP TRM.40760, and Standard 5.15.5. in the 31st edition of AABB (American Association of Blood Banks) Standards, which states “Platelets shall be ABO compatible with the recipient’s plasma and be crossmatched as in Standard 5.16 unless the component is prepared by a method known to result in a component containing < 2mL of Red Cells”. Therefore, if the platelets appear to be pink in color they will not be accepted into inventory.

B. Shelf life of blood products that will be found acceptable:

i. For routine orders, allogeneic blood/blood components must be supplied with appropriate remaining shelf life, as detailed below:

a. Whole Blood: Shelf life more than 21 calendar days, regardless of anti-coagulant

b. Red Blood Cells: Shelf life more than 21 calendar days, regardless of anti-coagulant

c. Fresh Frozen Plasma: Shelf Life more than 60 calendar days

d. Platelets (random): Shelf life more than 48 hours

e. Cryoprecipitate: Shelf life more than 60 days

ii. Rotation of stock: Contractor will make an effort to work with both MVAHCS and SCVAHCS to schedule a return of blood products to replace with better out dates to avoid components from expiring on the shelf.

8. Credit for Returned or Rejected Blood Products:

A. Credit will be given when blood is delivered to either MVAHCS or SCVAHCS with a shelf life of 10 days or fewer. The contractor may contact either MVAHCS or SCVAHCS if the only product available has a short shelf life, and it is the only blood available to meet the patient’s needs. The VA can determine whether to accept or reject the blood available to meet the patient’s needs.

B. The contractor will provide credit for products that are put into quarantine at their direction, which either expire while in quarantine, or if MVAHCS or SCVAHCS is unable to use due to the extended time the products were out of circulation.

C. When blood products do not meet the “acceptance criteria” of MVAHCS or SCVAHCS. Acceptance criteria may be based on abnormalities in physical appearance, indications of contamination, product temperature on receipt, and other criteria regarding the quality or acceptability of blood products.

D. Full credit will be given for outdated platelets that are expired on-site and unable to return.

E. Full credit will be given for frozen plasma that ruptures during thaw.

F. Contractor must be able to rotate stock with both MVAHCS and SCVAHCS. If contractor is unable to rotate stock to avoid blood products from expiring, a credit will be issued.

9. Recalled and Defective Products: The contractor will immediately notify the affected MVAHCS or SCVAHCS when information is discovered indicating that a blood product may not be considered safe.

A. As appropriate, the contractor will replace and/or reimburse recalled/defective products at no cost to the government.

B. With respect to blood manufactured by the contractor, contractor will provide the following notifications to MVAHCS and/or SCVAHCS.

i. Within 3 calendar days if blood collected from a donor who tested negative at the time of donation but tests reactive for evidence of HIV or HCV infection on a later donation or who is determined to be at increased risk for transmitting HIV or HCV infection.

ii. Within forty-five (45) calendar days of the test, the results of the supplemental (additional, more specific) test for HIV or HCV, as relevant, or other follow-up testing required by the FDA

iii. As set forth in 21 C.F.R 610.46-610.48.

10. TRALI Risk Reduction Strategies: Transfusion-related acute lung injury (TRALI) is a major cause of transfusion-related morbidity and mortality. The contractor will implement all published AABB recommendations and Standards regarding donor management strategies to reduce the risk of TRALI, and must inform MVAHCS and SCVAHCS in writing of any changes to their TRALI risk reduction plan.

An updated risk reduction plan will be sent to each site annually.

11. Reporting of Adverse Transfusion Events: MVAHCS and SCVAHCS will keep complete and accurate records, as required by law, of patients transfused with any blood products. Both MVAHCS and SCVAHCS will report any possible transfusion-transmitted infections or other serious complications associated with transfusion to the contractor. Both MVAHCS and SCVAHCS will co-operate with the contractors’ investigation of any adverse event and supply information concerning the recipient of the blood product to the contractor on forms provided by the contractor.

Patient information will only be shared if deemed necessary by the American Association of Blood Banks (AABB), Food and Drug Administration (FDA), or Department of Health regulations. In this event, either the MVACHS or SCVAHCS privacy officers may need to provide written approval.

12. Immunohematology Reference Laboratory Services:

A. Availability and turn around times: Immunohematology Reference Laboratory (IRL) Services for red cell antibody identification must be available twenty-four hours per day, seven days per week, and must provide test results and antigen negative blood products within twenty-four hours for urgent clinical situations, and within forty-eight hours in non-urgent situations.

i. The reference laboratory must keep MVAHCS and SCVAHCS informed if the required testing is going to exceed the listed timeframe.

ii. Tests that will be performed are specified in the “Schedule of items 1.A.” section of this contract.

13. Government Roles and Responsibilities:

A. The MVAHCS and SCVAHCS shall designate a Technical Representative to coordinate and monitor the work to be completed under this contract. Amy Colbaugh, Laboratory Contract Liaison ahs been designated as the representative to coordinate these services. Her contact information is listed below.

Technical Representative:

Amy Colbaugh Senior medical Technologist, Laboratory Super COR Department of Veterans Affairs Medical Center One Veterans Drive, P&LMS (113) Minneapolis, MN 55417

14. Performance Measures:

A. The following performance measures will be regularly tracked an monitored throughout the effective period of this contract by the Technical Representative and reported to the Contracting Officer. Acceptable performance on these measures, along with other factors, will be primary indices of contractor performance and a key consideration in contract renewal decisions.

Performance will be monitored using the following criteria:

Evaluation Criteria: The Government will award a contract resulting from this solicitation to the responsible Contractor whose offer conforming to the solicitation will be the most advantageous to the Government taking into consideration non-price factors and price. The following factors will be used to evaluate the offers:

B. Technical Capability:

i. Contractor’s Laboratory licenses, Accreditations, Professional Certifications: Contractor’s must deliver products and services, which meet standards established by AABB (American Association of Blood Banks), FDA (Food and Drug Administration), JCAHO (Joint Commission on Accreditation of Healthcare Organizations), CLIA (Clinical Laboratory Improvement Amendments) and other accrediting agencies. The Contractor must be licensed by FDA for collection, processing and distribution blood products and services. The contractor shall submit a narrative of how they plan to meet this need. The accreditation and inspection records of the contractor should be exemplary. contractors shall submit a narrative addressing this requirement; without these accreditations, the Contractor will be found unfavorable for award.

ii. The Contractor must use test methods and equipment approved for such testing, and have trained persons performing the test(s). The Contractor shall submit a narrative of how they plan to meet this requirement.

iii. Contractor’s proposed plan must meet the delivery needs of MVAHCS and SCVAHCS. The Contractor must have blood products available twenty-four hours per day, seven days a week, and be able to make emergency deliveries within 60 minutes of notification. A more favorable rating will be given to Contractors which can best accommodate the delivery needs of both MVAHCS and SCVAHCS. The Contractor shall submit a narrative of how they plan to meet this requirement.

iv. Contractor’s ability to work with both MVAHCS and SCVAHCS to rotate stock or issue credits for expired blood products. The Contractor shall submit a narrative of how they plan to meet this requirement.

v. Consultation services and reference lab services are available for lab techs and clinicians from both MVAHCS and SCVAHCS twenty-four hours a day, seven days a week. These services are to include, but not limited to: antibody identification, provide crossmatch compatible blood, and serve as a resource for technical concerns. The Contractor shall submit a narrative of how they plan to meet this requirement.

C. Past Performance D. Price

PRICE/COST SCHEDULE

Minneapolis/St Cloud VAHSC Combined

BASE PERIOD

Item #
Product Description
ISBT Codes
Est Qty for MVAHCS
Est Qty for SCVAHCS
Est Total Qty
Unit Price
Amount
1
Estimated on Demand as needed Delivery Order for Blood and Blood Products and services for the Base Period of 10/1/2019 through 9/30/2020
2
Red Blood Cells, Leukocyte Reduced
E0686V00, E0685V00, E0336V00, E0181V00, E0678V00, E0661V00
2000
200
2200
3
Red Blood Cells, Leukocyte Reduced Irradiated
E0332V00, E0668V00, E0669V00
400
60
460
4
Red Blood Cells, Saline Washed
E5170V00
5
0
5
5
Platelets, Apheresis, Leukocyte reduced
E3088V00, E3077V00, E7011V00, E3089V00, E3087V00
80
25
105
6
Platelets, Apheresis, Leukocyte reduced, Irradiated
E3058V00, E3057V00, E3056V00, E3046V00
10
5
15
7
Platelets, PAS
E7003V00, E7001V00, E7004V00, E7002V00
750
0
750
8
Platelets, PAS, Irradiated
E7008V00, E7007V00, E7006V00, E7005V00
500
0
500
9
Platelets, Psoralen Treated
E8341V00, E8342V00, E8343V00, E8340V00
52
0
52
10
Fresh Frozen Plasma (Frozen within 24 hours)
86927
10
8
18
11
Frozen Plasma (Frozen within 24 hours)
E2555V00, E7644V00
500
8
508
12
Plasma, Cryoprecipitate Reduced
P9044
100
0
100
13
Cryoprecipitate AHF Pooled
E7588V00
100
0
100
14
HLA Typed Product Surcharge
5
0
5
15
Granulocyte, Apheresis
E7588V00
5
0
5
Brief Description of Service*
CPT Code
Qty for MVAHCS
Qty for SCVAHCS
Total qty
16
Platelet Crossmatch
86022
50
2
52
17
RBC Antigen Typing (per antigen)
86905
150
10
160
18
ABO type
86900
5
0
5
19
RH Type
86901
5
0
5
20
Antibody Screen
86850
5
0
5
21
Compatibility prescreen
10
10
20
22
Antibody Identification
86870
20
5
25
23
Antibody Elution
86860
5
0
5
24
DAT, each antiserum
86880
20
0
20
25
RH phenotype complete
86906
5
0
5
26
Differential Adsorption of serum
86978
5
0
5
27
Babesia testing of RBC's
86317
2400
250
2650
28
HEA Panel Testing
81403
-0-
2
2
29
Call Charge weekends, Holidays
10
10
20
30
IRL After Hours Fee
15
15
30

BASE PERIOD GRAND TOTAL _____________________

Minneapolis/St Cloud VAHSC Combined

OPTION PERIOD 1

Item #
Product Description
ISBT Codes
Est Qty for MVAHCS
Est Qty for SCVAHCS
Est Total Qty
Unit Price
Amount
1
Estimated on Demand as needed Delivery Order for Blood and Blood Products and services for the Option Period 1, 10/1/2020 through 9/30/2021
2
Red Blood Cells, Leukocyte Reduced
E0686V00, E0685V00, E0336V00, E0181V00, E0678V00, E0661V00
2000
200
2200
3
Red Blood Cells, Leukocyte Reduced Irradiated
E0332V00, E0668V00, E0669V00
400
60
460
4
Red Blood Cells, Saline Washed
E5170V00
5
0
5
5
Platelets, Apheresis, Leukocyte reduced
E3088V00, E3077V00, E7011V00, E3089V00, E3087V00
80
25
105
6
Platelets, Apheresis, Leukocyte reduced, Irradiated
E3058V00, E3057V00, E3056V00, E3046V00
10
5
15
7
Platelets, PAS
E7003V00, E7001V00, E7004V00, E7002V00
750
0
750
8
Platelets, PAS, Irradiated
E7008V00, E7007V00, E7006V00, E7005V00
500
0
500
9
Platelets, Psoralen Treated
E8341V00, E8342V00, E8343V00, E8340V00
52
0
52
10
Fresh Frozen Plasma (Frozen within 24 hours)
86927
10
8
18
11
Frozen Plasma (Frozen within 24 hours)
E2555V00, E7644V00
500
8
508
12
Plasma, Cryoprecipitate Reduced
P9044
100
0
100
13
Cryoprecipitate AHF Pooled
E7588V00
100
0
100
14
HLA Typed Product Surcharge
5
0
5
15
Granulocyte, Apheresis
E7588V00
5
0
5
Brief Description of Service*
CPT Code
Qty for MVAHCS
Qty for SCVAHCS
Total qty
16
Platelet Crossmatch
86022
50
2
52
17
RBC Antigen Typing (per antigen)
86905
150
10
160
18
ABO type
86900
5
0
5
19
RH Type
86901
5
0
5
20
Antibody Screen
86850
5
0
5
21
Compatibility prescreen
10
10
20
22
Antibody Identification
86870
20
5
25
23
Antibody Elution
86860
5
0
5
24
DAT, each antiserum
86880
20
0
20
25
RH phenotype complete
86906
5
0
5
26
Differential Adsorption of serum
86978
5
0
5
27
Babesia testing of RBC's
86317
2400
250
2650
28
HEA Panel Testing
81403
-0-
2
2
29
Call Charge weekends, Holidays
10
10
20
30
IRL After Hours Fee
15
15
30

Option Period One GRAND TOTAL _____________________

Minneapolis/St Cloud VAHSC Combined

OPTION PERIOD 2

Item #
Product Description
ISBT Codes
Est Qty for MVAHCS
Est Qty for SCVAHCS
Est Total Qty
Unit Price
Amount
1
Estimated on Demand as needed Delivery Order for Blood and Blood Products and services for the Option Period 2, 10/1/2021 through 9/30/2022
2
Red Blood Cells, Leukocyte Reduced
E0686V00, E0685V00, E0336V00, E0181V00, E0678V00, E0661V00
2000
200
2200
3
Red Blood Cells, Leukocyte Reduced Irradiated
E0332V00, E0668V00, E0669V00
400
60
460
4
Red Blood Cells, Saline Washed
E5170V00
5
0
5
5
Platelets, Apheresis, Leukocyte reduced
E3088V00, E3077V00, E7011V00, E3089V00, E3087V00
80
25
105
6
Platelets, Apheresis, Leukocyte reduced, Irradiated
E3058V00, E3057V00, E3056V00, E3046V00
10
5
15
7
Platelets, PAS
E7003V00, E7001V00, E7004V00, E7002V00
750
0
750
8
Platelets, PAS, Irradiated
E7008V00, E7007V00, E7006V00, E7005V00
500
0
500
9
Platelets, Psoralen Treated
E8341V00, E8342V00, E8343V00, E8340V00
52
0
52
10
Fresh Frozen Plasma (Frozen within 24 hours)
86927
10
8
18
11
Frozen Plasma (Frozen within 24 hours)
E2555V00, E7644V00
500
8
508
12
Plasma, Cryoprecipitate Reduced
P9044
100
0
100
13
Cryoprecipitate AHF Pooled
E7588V00
100
0
100
14
HLA Typed Product Surcharge
5
0
5
15
Granulocyte, Apheresis
E7588V00
5
0
5
Brief Description of Service*
CPT Code
Qty for MVAHCS
Qty for SCVAHCS
Total qty
16
Platelet Crossmatch
86022
50
2
52
17
RBC Antigen Typing (per antigen)
86905
150
10
160
18
ABO type
86900
5
0
5
19
RH Type
86901
5
0
5
20
Antibody Screen
86850
5
0
5
21
Compatibility prescreen
10
10
20
22
Antibody Identification
86870
20
5
25
23
Antibody Elution
86860
5
0
5
24
DAT, each antiserum
86880
20
0
20
25
RH phenotype complete
86906
5
0
5
26
Differential Adsorption of serum
86978
5
0
5
27
Babesia testing of RBC's
86317
2400
250
2650
28
HEA Panel Testing
81403
-0-
2
2
29
Call Charge weekends, Holidays
10
10
20
30
IRL After Hours Fee
15
15
30

Option Period Two GRAND TOTAL _____________________

Minneapolis/St Cloud VAHSC Combined

OPTION PERIOD 3

Item #
Product Description
ISBT Codes
Est Qty for MVAHCS
Est Qty for SCVAHCS
Est Total Qty
Unit Price
Amount
1
Estimated on Demand as needed Delivery Order for Blood and Blood Products and services for the Option Period 3, 10/1/2022 through 9/30/2023
2
Red Blood Cells, Leukocyte Reduced
E0686V00, E0685V00, E0336V00, E0181V00, E0678V00, E0661V00
2000
200
2200
3
Red Blood Cells, Leukocyte Reduced Irradiated
E0332V00, E0668V00, E0669V00
400
60
460
4
Red Blood Cells, Saline Washed
E5170V00
5
0
5
5
Platelets, Apheresis, Leukocyte reduced
E3088V00, E3077V00, E7011V00, E3089V00, E3087V00
80
25
105
6
Platelets, Apheresis, Leukocyte reduced, Irradiated
E3058V00, E3057V00, E3056V00, E3046V00
10
5
15
7
Platelets, PAS
E7003V00, E7001V00, E7004V00, E7002V00
750
0
750
8
Platelets, PAS, Irradiated
E7008V00, E7007V00, E7006V00, E7005V00
500
0
500
9
Platelets, Psoralen Treated
E8341V00, E8342V00, E8343V00, E8340V00
52
0
52
10
Fresh Frozen Plasma (Frozen within 24 hours)
86927
10
8
18
11
Frozen Plasma (Frozen within 24 hours)
E2555V00, E7644V00
500
8
508
12
Plasma, Cryoprecipitate Reduced
P9044
100
0
100
13
Cryoprecipitate AHF Pooled
E7588V00
100
0
100
14
HLA Typed Product Surcharge
5
0
5
15
Granulocyte, Apheresis
E7588V00
5
0
5
Brief Description of Service*
CPT Code
Qty for MVAHCS
Qty for SCVAHCS
Total qty
16
Platelet Crossmatch
86022
50
2
52
17
RBC Antigen Typing (per antigen)
86905
150
10
160
18
ABO type
86900
5
0
5
19
RH Type
86901
5
0
5
20
Antibody Screen
86850
5
0
5
21
Compatibility prescreen
10
10
20
22
Antibody Identification
86870
20
5
25
23
Antibody Elution
86860
5
0
5
24
DAT, each antiserum
86880
20
0
20
25
RH phenotype complete
86906
5
0
5
26
Differential Adsorption of serum
86978
5
0
5
27
Babesia testing of RBC's
86317
2400
250
2650
28
HEA Panel Testing
81403
-0-
2
2
29
Call Charge weekends, Holidays
10
10
20
30
IRL After Hours Fee
15
15
30

Option Period Three GRAND TOTAL _____________________

Minneapolis/St Cloud VAHSC Combined

OPTION PERIOD 4

Item #
Product Description
ISBT Codes
Est Qty for MVAHCS
Est Qty for SCVAHCS
Est Total Qty
Unit Price
Amount
1
Estimated on Demand as needed Delivery Order for Blood and Blood Products and services for the Option Period 4, 10/1/2023 through 9/30/2024
2
Red Blood Cells, Leukocyte Reduced
E0686V00, E0685V00, E0336V00, E0181V00, E0678V00, E0661V00
2000
200
2200
3
Red Blood Cells, Leukocyte Reduced Irradiated
E0332V00, E0668V00, E0669V00
400
60
460
4
Red Blood Cells, Saline Washed
E5170V00
5
0
5
5
Platelets, Apheresis, Leukocyte reduced
E3088V00, E3077V00, E7011V00, E3089V00, E3087V00
80
25
105
6
Platelets, Apheresis, Leukocyte reduced, Irradiated
E3058V00, E3057V00, E3056V00, E3046V00
10
5
15
7
Platelets, PAS
E7003V00, E7001V00, E7004V00, E7002V00
750
0
750
8
Platelets, PAS, Irradiated
E7008V00, E7007V00, E7006V00, E7005V00
500
0
500
9
Platelets, Psoralen Treated
E8341V00, E8342V00, E8343V00, E8340V00
52
0
52
10
Fresh Frozen Plasma (Frozen within 24 hours)
86927
10
8
18
11
Frozen Plasma (Frozen within 24 hours)
E2555V00, E7644V00
500
8
508
12
Plasma, Cryoprecipitate Reduced
P9044
100
0
100
13
Cryoprecipitate AHF Pooled
E7588V00
100
0
100
14
HLA Typed Product Surcharge
5
0
5
15
Granulocyte, Apheresis
E7588V00
5
0
5
Brief Description of Service*
CPT Code
Qty for MVAHCS
Qty for SCVAHCS
Total qty
16
Platelet Crossmatch
86022
50
2
52
17
RBC Antigen Typing (per antigen)
86905
150
10
160
18
ABO type
86900
5
0
5
19
RH Type
86901
5
0
5
20
Antibody Screen
86850
5
0
5
21
Compatibility prescreen
10
10
20
22
Antibody Identification
86870
20
5
25
23
Antibody Elution
86860
5
0
5
24
DAT, each antiserum
86880
20
0
20
25
RH phenotype complete
86906
5
0
5
26
Differential Adsorption of serum
86978
5
0
5
27
Babesia testing of RBC's
86317
2400
250
2650
28
HEA Panel Testing
81403
-0-
2
2
29
Call Charge weekends, Holidays
10
10
20
30
IRL After Hours Fee
15
15
30

Option Period Four GRAND TOTAL _____________________

B.2 DELIVERY SCHEDULE

ITEM NUMBER
QUANTITY
DELIVERY DATE
ALLMinneapolis VA Health Care System
One Veterans Drive
Minneapolis MN 55417
St Cloud VA Health Care System
4801 Veterans Drive
St Cloud MN 56303

36C26319R0131

Page 1 of Page 1 of

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…

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