About this file

This document is a solicitation for Courier Services to support the VA Nebraska-Western Iowa Health Care System (VANWIHCS) located in Omaha, Nebraska. The solicitation is a 100% Service-Disabled Veteran-Owned Small Business (SDVOSB) set-aside with a NAICS code of 492110 (Couriers and Express Delivery Services).

The contractor shall provide all supervision, labor, equipment, transportation, insurance, licensing, fees, fuel, and tolls necessary to perform Courier Services, including transportation of blood and blood components, laboratory specimens, medical records, supplies, pharmaceuticals, and other related items. The period of performance includes a base year from 07/01/2024 to 06/30/2025 and four one-year option periods. Quotes are due by 06/12/2024 at 10:00am Central Standard Time via email to the Contracting Officer. The government anticipates awarding one firm-fixed price contract for these services.

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PAGE 1 OF 1. REQUISITION NO.

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

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

TIME

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

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

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

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

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

SEE ADDENDUM

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

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

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

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

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

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

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

636-24-3-1017-0035

36C26324Q0827 05-23-2024

Savannah Weberg 320-252-1670 4701 06-12-2024 10:00am CDT

36C263 Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

316 Robert Street N. STE. 506 St. Paul MN 55101

X 100

X

492110

1500 Employees

N/A

X

Department of Veterans Affairs VA NWI Healthcare System 4101 Woolworth Ave

Omaha NE 68105

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

316 Robert Street N. STE. 506 St. Paul MN 55101

Y

Department of Veterans Affairs Tungsten Electronic Invoicing VA Tungsten Reg Number: AAA544240062 va.registration@tungsten-network.net Refer to VAAR Clause 852.232-72

1-877-489-6135

See CONTINUATION Page

This solicitation is for Courier Services to support the VA NWI Healthcare System as per the statement of work.

All offerors must be registered and active in the System for Award Management www.sam.gov at the time of offer and throughout the performance of the contract.

All questions regarding this requirement must be received by 05/30/2024 10am CST via email to savannah.weberg@va.gov.

An amendment with answers to technical questions will be posted if deemed necessary by the Contracting Officer on or about 06/06/2024. All quotes must be received by 06/12/2024 10am CST via email to savannah.weberg@va.gov.

This is a 100% SDVOSB set-aside. All offerors must sign the Limitations on Subcontracting Certification at Section C7. Failure to submit any of these required documents will result in the quote being deemed non-responsive and will not be considered for further evaluation

See CONTINUATION Page 636-3640160-1017-820100-2220-010044143 636-24-3-1017-0035

X X

X

Curt LaRose

VHA-RPOC-2021-17

36C26324Q0827

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (FEB 2024)

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 29

C.5 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.6 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

C.7 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.8 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.9 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021) (TAILORED)

E.2 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

ITEMS

E.3 ADDENDUM to 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES

E.4 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

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

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

E.8 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.10 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (FEB 2024)

E.11 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

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 36C263

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

316 Robert Street N. STE. 506

St. Paul MN 55101

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]

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

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

AMENDMENT NO DATE

B.2 STATEMENT OF WORK

1. GENERAL OVERVIEW OF SERVICES

a. The VA Nebraska-Western Iowa Health Care System (VANWIHCS) located at 4101

Woolworth Ave., Omaha, Nebraska 68105 requests the services of a contractor to provide all supervision, labor, equipment, transportation, insurance, licensing, fees, fuel, and tolls necessary to perform Courier Services to and from the VA Nebraska Western Iowa Health Care System (VANWIHCS), as well as, to and from the Community Based Outpatient Clinics (CBOCs).

b. The contractor shall provide all labor, equipment, including Personal Protective Equipment (PPE), temperature controlled coolers, dry ice, hand trucks, transportation, gasoline, insurance, and anything else needed to provide courier service for the

VANWIHCS.

c. The contractor shall pick up and deliver items such as blood and blood components, laboratory specimens, laboratory transport lockable containers, patient medical records, medical and non-medical supplies, pharmaceuticals, medical records, secure lock boxes, mail (varying in size), payroll records, radiological films, biomedical equipment, durable medical equipment, claim files, medical gases, and other related items as requested. All items should be handled as confidential.

2. LOCATIONS OF SERVICES

a. American Red Cross, 3838 Dewey Ave, Omaha, NE 68105

b. Bellevue CBOC, 2206 Longo Drive, Suite 102, Bellevue, NE 68005

c. Papillion CLC, 11111 84th Street, Papillion, NE 68046

d. Community Resources & Referral Center (CRRC), 825 Dorcas St, Omaha, NE 68108

e. Grand Island CBOC, 2201 No. Broadwell Avenue, Grand Island, NE 68803

f. Holdrede CBOC, 1118 Burlington t, Holdrege, NE 68949

g. Hruska Federal Bldg, 111 South 18th Plaza, Omaha, NE 68102

h. Lincoln CBOC, 420 Victory Park Drive, Lincoln, NE 68510

i. Omaha Hospital, 4101 Woolworth Avenue, Omaha, NE 68105

j. Omaha Vet Center, 3047 S 72nd Street, Omaha, NE 68124

k. Norfolk CBOC, 710 S 13th, Suite 1200, Norfolk, NE 68701

l. North Platte COBC, 600 E Francis, St, North Platte, NE 69101

m. Shenandoah CBOC, 2043 A. Avenue, Shenandoah, Iowa 51601

n. University of Nebraska Medical Center (UNMC), S 42nd St & Emile St, Omaha, NE 68198

3. PERIOD OF PERFORMANCE

a. Base Year: 07/01/2024 to 06/30/2025

b. Option Year I: 07/01/2025 to 06/30/2026

c. Option Year II: 07/01/2026 to 06/30/2027

d. Option Year III: 07/01/2027 to 06/30/2028

e. Option Year IV: 07/01/2028 to 06/30/2029

4. DAYS OF OPERATION

Services are to be provided every weekday, Monday through Friday, with the exception of Federal holidays or observed Federal holidays. Federal holidays are as follows and include any other days specifically declared a federal holidays.

a. New Year's Day (January 1)

b. Birthday of Martin Luther King, Jr. (Third Monday in January)

c. Washington's Birthday (Third Monday in February)

d. Memorial Day (Last Monday in May)

e. Juneteenth (June 19)

f. Independence Day (July 4)

g. Labor Day (First Monday in September)

h. Columbus Day (Second Monday in October)

i. Veterans Day (November 11)

j. Thanksgiving Day (Fourth Thursday in November)

k. Christmas Day (December 25)

5. TRACKING

a. The contractor shall supply a code/PIN/ID number for each and every delivery individually so that requests for delivery or pick up are confirmed. The code/PIN/ID should coincide with each requesting VA department’s deliveries separately and be attached with invoices to allow each VA department to verify their deliveries. The courier shall log the date and time of request, pickup, time of delivery, and the name and extension/phone number of the person requesting the service.

b. The contractor must have the capability of tracking specimens and other items from pickup location to delivery location. Documentation of tracking must be presented to the VA Technical Representative upon request.

6. PACKAGING AND TRANSPORTATION

a. All specimens shall be properly packaged and labeled to indicate the general nature of the material being transported. The contractor shall transport specimens in appropriate containers secured in the vehicle cabin to prevent movement.

b. Laboratory specimens shall be transported in accordance with specified temperature requirements. Room temperature specimens shall be transported inside a cooler and remain at temperature between 20 – 25 degrees Celsius. Refrigerated specimens must be transported in a cooler with regular ice or cold packs and remain at temperature between 2-10 degrees C. Frozen specimens will be transported in a cooler packed with dry ice and remain at temperature of -18 degrees C or colder.

c. The contractor must provide necessary ice, cold packs, and dry ice to maintain temperatures required for specimen stability. The contractor will provide and deliver dry ice, in an approved container for dry ice transport, to the VA Pathology Laboratory upon request. The VA Laboratory and the contractor shall agree upon time of delivery and appropriate amount (measured in pounds) of dry ice to be provided. This dry ice will be used for temporary storage of frozen medical specimens during transport. There shall be no additional cost to VA for the dry ice.

7. NON-TIME/TEMPERATURE SENSITIVE (NON-T/TS) ITEMS COURIER

REQUIREMENTS

a. Delivery of Non-T/TS items includes medical supplies, office supplies, durable medical equipment and prosthetics items, files, mail, medical records, cashier transfers, CDs, radiology films, pharmacy documents, pharmaceuticals, biomedical equipment, pathology and laboratory supplies.

b. Transport of non-perishable items may be handled by routine drivers on a daily basis;

generally, one stop per address for CBOCs and/or blood collection sites at designated areas within each site.

c. All delivery times will vary due to the particular content of loads, applicable deliveries, and destinations, but be within typical business hours which are Monday through Friday, 8:00 AM to 4:30 PM, for each location noted below.

d. Schedule

i. Delivery of Non-T/TS Items from Lincoln CBOC to Omaha Hospital - Round Trip - Once per Day

ii. Delivery of Non-T/TS Items from Grand Island CBOC to Omaha Hospital - Round Trip - Once per Day

iii. Delivery of Non-T/TS Items from Norfolk CBOC to Omaha Hospital - Round Trip - Once per Day

iv. Delivery of Non-T/TS Items from North Platte CBOC to Omaha Hospital - Round Trip - Once per Day

v. Delivery of Non-T/TS Items from Holdredge CBOC to Omaha Hospital - Round Trip - Once per Day

vi. Delivery of Non-T/TS Items from Shenandoah CBOC to Omaha Hospital - Round Trip - Once per Day

vii. Delivery of Non-T/TS Items from Bellevue CBOC to Omaha Hospital - Round Trip - Twice per Day

viii. Delivery of Non-T/TS Items from to CRRC to Omaha Hospital - Round Trip - Once per Day

ix. Delivery of Non-T/TS Items from Omaha Hospital to P-CLC – Round Trip – Twice per Day.

8. LAB COURIER SERVICES

a. Time and Temperature Sensitive Item Delivery

i. This special transport requires trained personnel and tight schedules to preserve the integrity of the items being transported.

b. Separate transport environments for each T/TS must be provided, monitored, and maintained in each vehicle:

i. Room Temp (20 – 25 degrees Celsius)

ii. Refrigerated (2 – 10 degrees Celsius)

iii. Frozen (-18 degrees Celsius or below)

c. Transportation is required of items to and from the noted facility locations, to and from respective local area medical facilities, businesses, and veterans’ home addresses may be required on an emergent basis.

d. Daily T/TS Laboratory Delivery Requirements Daily Times

(Central Time) Function T/TS = Blood Collection Sites & CBOC

Specimens 830 – 930 and 1130 – 1230 and 1600 – 1630

Then

1000 – 1100 and 1330 – 1430 and 2000 – 2130

Pick Up

Drop Off

Lincoln CBOC: 600 South 70th Street, Lincoln, NE 68510 (phone: 402-489-3802)

Omaha VA Medical Center: 4101 Woolworth Avenue, Omaha, NE 68105 (phone: 402-346-8800)

Then

Holdrege CBOC: 1118 Burlington St, Holdrege, NE 68949

Grand Island VA, 2201 No. Broadwell Ave, Grand Island, NE 68803 (phone: 308-382-3660) CLC Nurses Station

1000 – 1030 and 1630 – 1700

Then

1300 – 1400 and

Grand Island VA: 2201 No. Broadwell Ave, Grand Island, NE 68803 (phone: 308-382-3660)

1900 – 2000

Norfolk CBOC: 710 S 13th St, Suite 1200, Norfolk, NE 68701 (phone: 402-370-4570)

1600 – 1615

North Platte CBOC: 600 E Francis, St, North Platte, NE 69101

Grand Island VA, 2201 No. Broadwell Ave, Grand Island, NE 68803 (phone: 308-382-3660) CLC Nurses Station

1530 – 1600

1730 – 1830

Shenandoah CBOC: 2043 A. Avenue, Shenandoah, Iowa 51601 (phone: 712-246-0092)

0800 – 0830 1500-1530

Then

0900-0930 1600-1630

P-CLC: 11111 S. 84th Street, Papillion, NE 68046 (402-537-3511)

1615 – 1700

1900 – 2000

Community Resource & Referral Center (CRRC), 825 Dorcas Street, Omaha, NE 68108

Avenue Omaha, NE 68105 (phone: 402-346-8800)

1145 – 1230 1615 – 1700

Then

1430 – 1500 1900 – 2000

Pick Up

Drop Off

Bellevue CBOC: Bellevue Professional Center, 2206 Longo Drive, Suite 102, Bellevue, NE 68005

Omaha VA Medical Center: 4101 Woolworth Avenue, Omaha, NE 68105 (phone: 402-346- 8800)

9. COMPENSATION & PENSION COURIER REQUIREMENTS

a. Compensation and Pension (C&P) documents are vital to processing veterans claims for benefits and must be safeguarding to prevent accidental loss, theft or misappropriation.

b. Delivery Schedule consists of transports between Omaha Hospital and Lincoln CBOC, two trips per day to the following:

i. Lincoln CBOC: 600 South 70th Street, Lincoln, NE 68510 (phone: 402-489- 3802)

ii. Omaha Hospital: 4101 Woolworth Avenue, Omaha, NE 68105 (phone: 402- 346-8800)

TRIP 1 DEPART

LINCOLN

9:00 AM

ARRIVE

OMAHA

10:00 AM

DEPART

OMAHA

10:15 AM

ARRIVE

LINCOLN

11:15 AM

TRIP 2 DEPART

LINCOLN

12:00 PM

ARRIVE

OMAHA

1:00 PM

DEPART

OMAHA

1:15 PM

ARRIVE

LINCOLN

2:15 PM

10. STERILE PROCESSING SERVICES COURIER REQUIREMENTS

a. Transport unclean and sterile instruments between Grand Island CBOC and Lincoln

CBOC.

i. Lincoln CBOC: 600 South 70th Street, Lincoln, NE 68510

ii. Grand Island CBOC: 2201 No. Broadwell Avenue, Grand Island, NE 68803

MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY

Pick up from Grand Island at

9:30 AM.

Deliver to Lincoln by 12:00 PM. Pick up at Lincoln at and deliver to Grand Island by

2:00 PM.

Pickup at Grand Island and Deliver to Lincoln by 4:15 PM. Pickup at Lincoln and deliver to Grand Island by 6:00

Pick up from Grand Island at

9:30 AM.

Deliver to Lincoln by 12:00 PM. Pick up at Lincoln at and deliver to Grand Island by

2:00 PM.

Pickup at Grand Island and Deliver to Lincoln by 4:15 PM. Pickup at Lincoln and deliver to Grand Island by 6:00

Pick up from Grand Island at

9:30 AM.

Deliver to Lincoln by 12:00 PM. Pick up at Lincoln at and deliver to Grand Island by

2:00 PM.

Pickup at Grand Island and Deliver to Lincoln by 4:15 PM. Pickup at Lincoln and deliver to Grand Island by 6:00

Pick up from Grand Island at

9:30 AM.

Deliver to Lincoln by 12:00 PM. Pick up at Lincoln at and deliver to Grand Island by

2:00 PM.

Pickup at Grand Island and Deliver to Lincoln by 4:15 PM. Pickup at Lincoln and deliver to Grand Island by 6:00

Pick up from Grand Island at

9:30 AM.

Deliver to Lincoln by 12:00 PM. Pick up at Lincoln at and deliver to Grand Island by

2:00 PM.

Pickup at Grand Island and Deliver to Lincoln by 4:15 PM. Pickup at Lincoln and deliver to Grand Island by 6:00

PM. PM. PM. PM. PM.

2 Round Trips 2 Round Trips 2 Round Trips 2 Round Trips 2 Round Trips

11. USPS POSTAL MAIL AND INTRA-OFFICE MAIL DELIVERY

a. The contractor shall provide pickup and delivery services of intra-office mail and

USPS mail from the Omaha Hospital Mail Room, Lincoln CBOC Mail Room, and Grand Island CBOC Mail Room twice per day; once in the morning and once in the afternoon from each site. Mail must be delivered directly to each respective facility.

Mail is never to be left unattended. Mail shall be picked up and delivered Monday through Friday, excluding weekends and U.S. Federal holidays.

b. The contractor must be flexible in regards to pick up of outgoing mail for the occasional early pick up due to weather, schedule, etc. In the event of an early pick up time the contractor will be notified in a reasonable amount of time for coordination.

c. Omaha Mail Room Delivery Schedule

i. Intra-office mail going to sites from the Omaha Hospital must be picked up from the Omaha Hospital Mail Room no later than 10:00 AM for the morning trip and 2:00 PM for the afternoon trip. Transport of USPS mail to the Omaha Post Office will generally not be required except in rare circumstances.

ii. The contractor will deliver and pick up all forms of mail/messages from the Omaha Hospital and deliver to various affiliated medical agencies in the surrounding Omaha area, such as UNMC, Creighton Medical, once per day.

d. Hruska Federal Building Delivery Schedule

i. The contractor shall make two stops per day at the Hruska Federal building at all suites. One stop will occur in the morning and one stop in the afternoon.

Hruska Federal Courthouse is located at 111 South 18th Plaza Omaha, Nebraska 68102, multiple suites within.

ii. The mail shall be taken to and from the Omaha Hospital Mail Room.

e. Grand Island Mail Room Delivery Schedule

i. Contractor shall provide pick up of USPS mail from the US Post Office in

Grand Island and deliver to the Mail Room at the Grand Island CBOC.

Inbound mail will be picked up from the US Post Office at 9:00 AM each weekday, excluding holidays, and delivered to the Grand Island CBOC Mailroom.

ii. Outbound USPS mail will be picked up from the Grand Island CBOC Mailroom between 2:45 PM and 3:15 PM and delivered to the US Post Office in Grand Island no later than 3:30 PM.

iii. The contractor shall transport intra-office mail to the other VA locations the same day.

f. Lincoln Mail Room Delivery Schedule

i. The contractor shall provide pick up of USPS mail from the Lincoln US Post

Office and deliver to the Lincoln CBOC Mail Room. Inbound mail will be picked up from the US Post Office no later than 12:00 PM each weekday, excluding holidays, and delivered to the Lincoln CBOC Mailroom.

ii. Outbound USPS mail will be picked up from the Lincoln CBOC Mailroom between 2:30 PM and 3:00 PM and delivered to the US Post Office in Lincoln no later than 4:00 PM.

iii. The contractor shall transport intra-office mail to the other VA locations the same day.

g. Overall Mail Schedule

i. Intra-Office Mail from Grand Island CBOC to Omaha Hospital - Round Trip - Twice per Day

ii. Intra-Office Mail from Lincoln CBOC to Omaha Hospital - Round Trip -

iii. Intra-Office Mail from Bellevue CBOC to Omaha Hospital - Round Trip -

iv. Intra-Office Mail from University of Nebraska Medical Center (UNMC) to Omaha Hospital Mail Room - Round Trip - Once per Day

v. Intra-Office Mail from Omaha Vet Center to Omaha Hospital - Round Trip - Once per Day

vi. Intra-Office Mail from Hruska Federal Bldg to Omaha Hospital - Round Trip

- Twice per Day

12. EMERGENT/UNSCHEDULED PICK UPS/DELIVERIES

a. The contractor shall be required to support emergent and unscheduled pick ups and deliveries as needed within a 150-mile radius of the VA Nebraska-Western Iowa Health Care System for all locations noted in Paragraph 2 of this Performance Work Statement. This will often be due to transportation of emergency supplies, equipment, including medical gases, blood, and blood products. In some cases, a laboratory sample may be drawn from a patient after the scheduled pick up or the specimen must be tested as soon as possible due to short storage life or a timely determination.

b. The contractor shall be available for emergent or unscheduled services to and from all locations listed in Paragraph 2 of this Performance Work Statement.

c. The contractor shall provide the courier services within two hours of notification for the requested services.

d. There shall be no additional costs to VA for the Emergent/Unscheduled trips. The contractor shall factor the costs into their firm fixed monthly price.

e. The sending and receiving facility requires the driver’s signatures as written documentation of pick-up and delivery by use of specimen/package track logs or other similar mechanism.

f. Below is an estimated usage per year for the emergent/unscheduled services. The number of trips listed below are estimates only, and requested services may be more or less than the estimated trips.

i. Emergent/Unscheduled Request for Courier Services for Omaha Hospital –

200 trips per each year

ii. Emergent/Unscheduled Request for Courier Services for Grand Island CBOC

– 100 trips per each year

iii. Emergent/Unscheduled Request for Courier Services for Lincoln CBOC – 100 trips per each year

iv. Emergent/Unscheduled Request for Courier Services for Bellevue CBOC – 10

v. Emergent/Unscheduled Request for Courier Services for Norfolk CBOC – 10

vi. Emergent/Unscheduled Request for Courier Services for Shennandoah CBOC

– 10 trips per each year

vii. Emergent/Unscheduled Request for Courier Services for North Platte CBOC – 10 trips per each year

viii. Emergent/Unscheduled Request for Courier Services for Holdridge CBOC – 10 trips per each year

ix. Emergent/Unscheduled Request for Courier Services for P-CLC – 10 trips per each year

13. INSURANCE REQUIREMENTS

a. The contractor shall meet all Federal, State, and City codes regarding operation of this type of business and furnish the insurance certificates required.

14. INCLEMENT WEATHER

a. The contractor shall contact the VA Technical Representative, Logistics Manager, Laboratory Manager, or Laboratory Administrative Officer should weather conditions delay or cause cancellation of services. Due to the nature of this business it is necessary for the contractor to have vehicles that operate safely in difficult weather conditions. Cancellations should only occur as a last resort or due to acts of nature.

b. Should it be necessary to cancel a delivery for other than Laboratory items, the contractor shall contact the origin point by phone conveying the reason for cancellation

15. TOLLS

a. The costs of all tolls must be included in the contract price. There should be no additional charge to VA for use of tolls during the performance of the contract.

16. SPECIAL CONTRACT REQUIREMENTS

a. For medical gases transport, special licensing may be required, at the contractor’s expense, to transport medical gases. Transportation of medical gasses may be required over short distances; more than likely, this need will be infrequent.

17. DRIVERS

a. All drivers must be of legal age, possess a valid state driver’s licenses, and maintain a neat, clean and professional appearance. Drivers must be able to speak, understand, and write English. Drivers shall possess identification showing the person’s name and job title.

b. The contractor shall be responsible for the actions and conduct of its employees and shall ensure they comply with all VA facility and parking regulations, policies, and guidelines while conducting business for the contract. Drivers shall not make any personal stops in performance of duties under the contract, nor shall any unauthorized passenger accompany the driver during contracted services.

c. Drivers shall comply with the VA smoking policy and only smoke in designated areas. Smoking within vehicles shall not take place while transporting VA items.

d. Drivers transporting laboratory specimens must be trained in Universal Precautions for handling of biohazard materials and follow proper procedures in case of biohazard spills or accidents. Training shall also include mandatory Hazardous Materials training and the proper handling of dry ice. The contractor shall provide written documentation annually, or at the beginning of the driver’s employment, of Hazardous Materials and other training that meets the laws and regulations of the US Department of Transportation and the Centers for Disease Control governing the transport of clinical specimens.

e. Report driver training every year and upon hire of any new driver.

f. The training records must include:

i. Employee’s name

ii. Completion date of most recent training

iii. Training materials (copy, description, or location)

iv. Name and address of hazmat trainer, and

v. Certification that the hazmat-trained employee has been trained and tested.

g. State DOT rules and regulations must be followed while transporting biohazard

RMD.

h. Proper Personal Protective Equipment (PPE): gloves and gowns to be worn as needed.

18. VEHICLES

a. All vehicles used in performance of this contract shall be registered, licensed and meet the minimum vehicle requirements as mandated by the Department of Transportation. It is important that the contractor has safe vehicles that dependably operate in difficult weather conditions to support high priority needs such as Laboratory services. The Government reserves the right to inspect the vehicles to validate contractor’s ability to perform.

b. Vehicle cleaning between clean and soiled RMD (Reusable Medical Devices) transports. Document all cleanings between clean and soiled RMD transports, and report monthly. A daily Cleaning Log and RMD Transport Checklist are to be completed between each transport and reported.

c. Clean and soiled RMD must be in separated compartments of the vehicle for every transport.

d. Vehicles should be cleaned and disinfected using approved hospital disinfectant wipes between every transport.

e. All RMD should be transported in an enclosed, leak-proof, secure containment device. Containment devices must be secured in vehicle prior to transport.

f. Add blue tooth enable temperature and humidity monitor to record all transports and report monthly. Temperature parameters for sterile RMD must be within 66°-72℉, and humidity between 30% - 60%.

g. Biohazard spill kit is required in vehicle during every transport.

19. CONFIDENTIALITY OF RECORDS

a. The contractor shall ensure the confidentiality of all patient information and records being transported and shall be held liable in the event of any breach of confidentiality.

The contractor shall comply with provision of the Federal Privacy Act of 1974 (Public Law 93-579).

20. REPORTABLE INCIDENTS

a. The contractor shall furnish a written report should any delivery incident occur.

b. The report shall be delivered to the VA Contracting Officer and VA Technical Representative within 24-hours of the incident.

i. Incidents/actions involving blood components or laboratory specimens must be reported immediately to the VA Technical Representative, who will then report to the effected departments.

ii. Incidents/actions involving breach of patient records or patient identifiable information must be reported immediately to the VA Technical Representative and VA Contracting Officer.

21. PERSONNEL POLICY:

a. Personnel working for the contractor shall not be considered Government employees.

b. The contractor shall supply their employees with a name badge or uniform with their name emblazoned upon it and ensure it is worn for proper identification when the contractor or contractor’s personnel are on site at the Government facility.

22. QUALITY CONTROL

a. The contractor shall develop and maintain a quality control program that ensures courier services are performed in accordance with the contract specifications. The contractor shall develop and implement procedures to track, identify, prevent, remedy and ensure non-recurrence of defective services. The contractor shall provide a method to accept and resolve customer complaints and notify the customer of the resolution. The contractor shall immediately notify the VA Technical Representative upon receipt of a customer complaint so joint validation may be accomplished. The contractor is responsible for quality control and specifications compliance.

23. QUALITY ASSURANCE SURVEILLANCE PLAN

a. The monitoring of the contractor’s performance shall be done by the VA Technical Representative. Incidents of contractor noncompliance, as evidenced by the monitoring procedures, shall be first discussed with the contractor and if no resolution can be found, then forwarded to the VA Contracting Officer for final resolution.

b. The Quality Assurance Surveillance Plan (QASP) shall outline the performance criteria to ensure the contractor is aware of the quality and criteria required to meet the terms of the contract.

c. The VA Technical Representative shall assess the contractor’s performance once per month, and will provide a written assessment to the contractor and VA Contracting Officer following each assessment.

d. The performance criteria and standards are listed below.

Performance Criteria Performance Standard Rating The contractor shall be available for emergent or unscheduled courier services within a two-hour response time.

Per each calendar month, no more than two documented occurrences of the contractor not responding to emergent or unscheduled services within a two-hour response time.

Pass / Fail

The contractor shall provide timely Lab and Pharmacy courier services.

Per each calendar month, no more than four documented occurrences of the contractor being late for a pick-up or delivery of Lab and Pharmacy requirements.

timely Compensation and Pension (C&P) courier services.

Per each calendar month, no more than two documented occurrences of the contractor being late for a pick-up or delivery of Compensation and Pension requirements.

timely Sterile Processing Services (SPS) courier services.

Per each calendar month, no more than two documented occurrences of the contractor being late for a pick-up or delivery of Sterile Processing Services requirements.

timely USPS mail and intra-office mail courier services.

Per each calendar month, no more than two documented occurrences of the contractor being late for a pick-up or delivery of USPS mail and intra-office mail requirements.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 JB __________________ __________________

BASE YEAR COURIER SERVICES FROM PERIOD OF PERFORMANCE OF

07/01/2024 TO 06/30/2025 FOR THE NWIHCS NETWORK OF CLINICS.

Contract Period: Base POP Begin: 07-01-2024 POP End: 06-30-2025 PRINCIPAL NAICS CODE: 492110 - Couriers and Express Delivery Services PRODUCT/SERVICE CODE: R602 - Support - Administrative:

Courier/Messenger

OPTION YEAR 1 COURIER SERVICES TO SUPPORT NWI HEALTHCARE

SYSTEM AS PER THE STATEMENT OF WORK.

Contract Period: Option 1 POP Begin: 07-01-2025 POP End: 06-30-2026 PRINCIPAL NAICS CODE: 492110 - Couriers and Express Delivery Services

OPTION YEAR 2 COURIER SERVICES TO SUPPORT NWI HEALTHCARE

SYSTEM AS PER THE STATEMENT OF WORK.

Contract Period: Option 2 POP Begin: 07-01-2026 POP End: 06-30-2027 PRINCIPAL NAICS CODE: 492110 - Couriers and Express Delivery Services

OPTION YEAR 3 COURIER SERVICES TO SUPPORT NWI HEALTHCARE

SYSTEM AS PER THE STATEMENT OF WORK.

Contract Period: Option 3 POP Begin: 07-01-2027 POP End: 06-30-2028 PRINCIPAL NAICS CODE: 492110 - Couriers and Express Delivery Services

OPTION YEAR 4 COURIER SERVICES TO SUPPORT NWI HEALTHCARE

SYSTEM AS PER THE STATEMENT OF WORK.

Contract Period: Option 4 POP Begin: 07-01-2028 POP End: 06-30-2029 PRINCIPAL NAICS CODE: 492110 - Couriers and Express Delivery Services

GRAND TOTAL __________________

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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

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

and

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

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

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (FEB 2024)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations…

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