36C77018Q0348-003.docx

36C77018Q0348

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

National CMOP 36C77018Q0348 03-09-2018 Julian Lake 913-684-0132 03-28-2018 2:00pm 00770 Department of Veterans Affairs National CMOP Contracting Offices 3450 S. 4th St. Trafficway Leavenworth KS 66048-5581 X X 325992 1500 Employees N/A X 00770 Department of Veterans Affairs CMOP Lancaster and Leavenworth See Statement of Requirments for addresses

00770 Department of Veterans Affairs National CMOP Contracting Office 3450 S. 4th St. Trafficway Leavenworth KS 66048-5581

Department of Veterans Affairs

FSC

PO Box 149971 Austin TX 78714-8971 See CONTINUATION Page BPA - Patient Centric Labels 2 X 5.5 Label Orders to be placed by and delivered to:

CMOP Lancaster Tx (763) CMOP Leavenworth Ks (760) See Statement of Requirements for Addresses Label specs, and estimated quantities, RFQ is a SDVOSB Set - Aside SDVOSBs must be certified in VIP.Vetbiz.com Sample Rolls of Labels are required of bidding SDVOSBs See Statement of Requirements for details Vendor SAM registration is current and accurate.

See CONTINUATION Page X X Julian Lake Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

(continuation from Standard Form 1449, block 18A.)

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C770 Department of Veterans Affairs National CMOP Contracting Offices 3450 S. 4th St. Trafficway Leavenworth KS 66048-5581

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

3. INVOICES: Invoices shall be submitted in arrears:

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

Department of Veterans Affairs

FSC

PO Box 149971 Austin TX 78714-8971

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

B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

36C77018Q0348

Page 1 of Page 1 of

RFQ 36C77018Q0348

Vendor is responsible for monitoring the RFQ for any AMENDMENTS

B.1 INTRODUCTION

The Department of Veterans Affairs (VA), Consolidated Mail Outpatient Pharmacy (CMOP) is beginning the procurement process for establishing a Low Price Technically Acceptable (LPTA), single-award, or multiple award, Blanket Purchase Agreements (BPAs), for Patient Centric Labels 2x5.5, at the CMOPs located in Lancaster TX, and Leavenworth KS. The intent of this request is to establish a primary source for the CMOP’s delegated Ordering Officers to purchase Patient Centric Labels; to secure fair pricing, and obtain high quality customer service. After consideration of Quotes from responsive SDVOSB vendors, the CMOP reserves the right to cancel this initiative and does not guarantee that any procurement will be made as a result of this request. All quotes submitted in response to 36C77018Q0348 shall remain valid for ninety (60) days to accommodate product reviews and possible legal reviews. Should you have any questions or concerns, you may contact the Contracting Officer: Julian.Lake@va.gov Actual, in use, Reference Patient Centric Labels are available from the CO via email request.

Bidding Vendors in their email request will include a mailing address and a point of contact.

Contracting Officer will send 5 Reference Labels to requesting Vendors via UPS overnight If you are an SDVOSB interested in submitting a quote, your submittal will be due on or before 28Mar18 Sample Labels submitted for testing and approval, are due at the same time or earlier (preferred).

Quotes received without product samples as listed in the Statement of Requirements will be considered unacceptable.

CMOP facilities in Dallas TX and Leavenworth KS process on average 35 – 45 thousand prescription parcels a day for shipment to Veterans – at each facility. Each Parcels can contain 1 to 3 Rx Bottles and any number of pre-package med supplies. All requiring a PC Label.

Time table from receipt of the Veterans prescription at the CMOP, to the when that prescription is delivered to the Veterans Mailbox is on average 2.5 – 3.5 days. There are a lot of dedicated, hard working CMOP Staff who take pride in that turn around time. Hence their spirit and input is reflected in this Statement of Requirements.

B.2 TERMS AND CONDITIONS

BPA Statement of Requirements Patient Centric Label (PCL) 2 X 5.5 Temporary Adhesive CMOP Lancaster TX & CMOP Leavenworth KS

The Vendor will provide Patient Centric Labels 2x5.5 - Temporary Adhesive to each of the CMOPs as described herein.

1. Schedule:

Purchase Orders will be issued by designated Ordering Officers for Patient Centric 2x5.5 Labels.

Delivery to the VA Consolidated Mail Outpatient Pharmacy (CMOP) located at:

Ship To:

VA CMOP Lancaster - 763 2962 S. Longhorn Dr Lancaster, TX 75134-2118 Attn: Kristi Pendley

CMOP Leavenworth – 760 5000 South 13th St Leavenworth KS Attn: Robin Halstead

All Labels shall be delivered F.O.B Destination - bid accordingly

The delivery timeframes Monday - Friday for each station are:

Lancaster CMOP - 6:30 am and 3:00 pm Leavenworth CMOP – 7:00 am and 2:00 pm

Weekend, Holiday, or Emergency Deliveries maybe required and are on an “as needed” basis, scheduled with the Vendor by VA CMOP Ordering Officer personnel only.

2. Description of the Requirements:

· The Patient Centric Label (PC Label) will be used for printing relevant Rx Bottle labels related to the pharmaceutical that has been prescribed to the Veteran patients by VA Physicians.

· The Patient Centric Label (PC Label) will be used as an overlay Rx label on pre-package pre-labeled commercial Med/Surg supplied provided to the Veteran by the CMOP. (Temporary adhesive)

· PC Labels are applied by hand and automated application.

· Labels are only removed if the order is canceled. Upon cancelation the Rx PC labels will be removed from pre-package items and returned to Inventory.

· PC labels shall adhere to the entire applied surface area.

· PC Label shall be resilient to climate conditions to include fluctuations in temperature and humidity levels

· A “Peel Adhesion Test” for the PC label temporary adhesive (slow setting glue) should be between 1.15 and 1.45 with a target of 1.3

· Below this range will cause the label to come off too easily

· Above this range will cause the label to be too adherent.

· Glue sets up in 24 hrs

· Vendor is required to include Adhesion Test Results (within the 1.15 and 1.45 range) for each Lot of Labels delivered to the CMOP.

· Should mixed Lots of PC Labels be delivered – each Lot will include an Adhesion Test Result

· Any PC Label shipments delivered without Adhesion Test Results included, will be returned at vendor expense and immediately replaced with Labels that meet the requirement.

· It is in the CMOPs best interest and mission to verify Label Adhesion quality at time of delivery as oppose to when in use on the production floor.

· The Vendor agrees to work with the CMOPs on any adjustments of the temporary adhesive the better meet the needs of the CMOPs. At which time the Adhesion Test Result standard will be amended.

· Temporary Adhesive - The labels shall contain an adhesive that allows for easy removal from the roll. The adhesive shall not set immediately, allowing for removal of labels from pre-package items, within less than 24 hours of application.

· In the case of a disaster (natural, environmental and/or man-made), the Contractor shall ensure manufacturing and delivery of Rx PC labels to the CMOP facilities is not impacted.

· PC Label BPA Vendor(s) will coordinate with the CMOP POCs on deliveries and delivery delays due to inclement weather being experienced at a CMOP.

· To meet the above requirement, the Vendor will consider such approaches as developing and maintaining a disaster recovery plan or maintaining an emergency inventory.

· The Vendor will provide the Contracting Officer with either a disaster recovery plan or emergency inventory plan for each CMOP Facility 90 days after award.

· Vendor failure to comply with the above requirement will result in negative IPPS ratings listed in their performance evaluations.

· In the event, defective product/PC Labels are received at the CMOP the Vendor shall immediately upon notice, investigate the issue with the CMOP Facility POC and COR.

· Should Fault be found to be defective PC Label, the Vendor will provide replacement PC Labels with a one day turn around, at vendor expense. In addition, the vendor is responsible for the collection and disposal of defective PC labels from CMOP.

· This Agreement will become effective on the date signed by the Government;

· The BPA will consist of 5 Ordering Periods of one year each

· Review of the volume of purchases and performance will be performed annually by the CMOP POC and COR in order to determine if it is in the Government’s best interest to continue the performance period of the agreements.

· The Government is obligated only to the extent of authorized purchases actually made under this BPA. This BPAs does not obligate any funds. CMOP delegated Ordering Officers (Logistics) will order the Patient Centric Labels (PCL) by Purchase Order as funding becomes available to meet the needs of the facility.

· Only the Contracting Officer can designate Ordering Officers to place orders against these BPAs.

· The VENDOR will be notified, after award, of the authorized Ordering Officers at each CMOP.

· The Vendor must be able to meet the quantity requirements for each PC Label order, placed by each CMOP facility without delays.

· Fluctuations in workload can and will occur and the CMOP's usage of these products may sometimes double in a short period of time. Therefore, the vendor shall carry sufficient inventory to be able to complete unexpected large orders.

· If at all possible the CMOP Facility POC or COR will notify the Vendor of expected increases in Label usage. IE: the CMOP takes on extra workload to cover for another CMOP facility taken off-line due to fire or other natural causes.

· Partial/Staggered deliveries are authorized.

· If the Government does not achieve the estimated annual volume of purchases, the vendor hereby waives any right to collect the difference in price between the actual level achieved and the estimated level.

· The vendor must be able to make on time deliveries and be able to adjust these deliveries to meet the changing production requirements of the CMOP.

· Unless otherwise agreed to, all deliveries under this BPA must be accompanied by delivery tickets or sales slips that contain the following information as a minimum:

a) Vendor’s name:

b) BPA number and delivery/task order number assigned under that BPA;

c) Date of Purchase;

d) Date of shipment;

e) Description of the PCL

f) Quantity PCL

g) Unit price

h) Funding PO# to be listed on all Packing Slips and Invoices

· The Vendor shall not perform any additional Services that will result in additional charges without prior approval from the Contracting Officer.

· This BPAs may be modified ONLY by mutual agreement of the Contracting Officer and the Vendor.

· Each such Modification shall be in writing, issued by the CMOP Contracting activity and signed by the Contracting Officer (CO) and the Vendor.

· Modifications shall become effective on the date signed by the Government. Only the Contracting Officer is authorized to make commitments or issue changes to the BPAs which will affect the price, quantity, quality, or delivery of the supply/product.

· Once this BPA is established, Labels tested and approved may not be substituted by a lesser made Label unless approval is in writing from the CO awarding or administering the BPA.

· No price change may be put into place without the change being formally document in a Modification to the BPA. When a price increase in the BPA is desired, the Vendor shall submit a written request to the CO. The written request shall include justification for the requested increase Price. Price increases will only be effective from the date the price is modified into the BPA.

· Each PC Label Case shall contain 4 rolls of 1000 Labels per roll.

· The vendor shall provide quarterly sales reports. The reports are due within 20 calendar days after the close of each quarter’s business. Reports shall be sent electronically to the CO and COR.

3rd Quarter: 01 April – 30 June 4th Quarter: 01 July – 30 September

· The VA is required to review this BPAs on an annual basis. At any time during the term of the agreement, either party may cancel the agreement by providing written 60 day advance notice to the other party.

· The Vendor shall provide Samples Labels to the Contracting Officer who will review, repackage and forward those Sample to the CMOP evaluation teams at the respective CMOP facility included in this BPA. See below - Patient Centric Label (PCL) 2 X 5.5 Sample Label Testing.

THE GOVERNMENT IS NOT LIABLE FOR ANY COSTS THE OFFEROR INCURS IN PREPARATION AND SUBMISSION OF QUOTES and SAMPLE LABELS SUBMITTED FOR TESTING & APPROVAL.

NOTE: Sample Label should exactly match the description of the requirements listed below.

The only variable is the Temporary Adhesive which may require adjustment per need of the CMOP.

Qualified SDVOSB Vendors can request a reference Patient Centric Label from the Contracting Officer in an email. Provide mailing address and ATTN to info in the email request. The Contracting Officer will then send a reference PC labels to the requesting vendor via UPS overnight.

Patient Centric Label (PCL) 2 X 5.5 origination – yellow block leading edge

Patient Centric Label (PCL) 2 X 5.5 – Format measurements

Caution:

Federal Law prohibits the transfer of this drug to any person other than the patient for whom it was prescribed

Patient Centric Label (PCL) 2 X 5.5 – Specs continued

Packing : 1000 Labels per Roll / 4 Rolls per Box Label Size: 5.50”x 2” Liner Width: 2.125” Gap Between Labels: .5” Core Diameter: 3” Ink Colors: Process Yellow / Reflex Blue Material : pharmaceutical grade Style: Strip only Font: Helvetica Size: 6pt BOLD

Estimated Spec: Temporary Adhesive:

Peel Adhesion = .8lbs/inch Loop Tack = 1.2 lbs/sq inch May require adjustment

Patient Centric Label (PCL) 2 X 5.5 Estimated Usage

VA CMOP Lancaster TX – 763

· Patient Centric Label / 2 X 5.5 / Temporary Adhesive - 166 Cs/Mo = 2,000 Cs/ Yr

VA CMOP Leavenworth KS - 760

· Patient Centric Label / 2 X 5.5 / Temporary Adhesive - 264 Cs/Mo = 3,168 Cs/ Yr

The new Murfreesboro CMOP Facility is in the process of coming on line.

The Production equipment is not yet at full capacity.

CMOP fully expects the output capacity to increase as the production equipment and software are fined tuned to meet requirements.

An accurate forecast of increase production is not realistic at this time.

The Murfreesboro CMOP logistics team will work with the BPA Vendor on any expected increases in Label orders.

Patient Centric Label (PCL) 2 X 5.5 COST Schedule

BPA:

BPA - Patient Centric Labels (PCL) 2 x 5.5 VA CMOP Lancaster (763) & Leavenworth KS (760) VENDOR Name:

Cost Schedule Ordering Period 1 X Apr 2018 – X Apr 2019

1000 labels per roll – 4 rolls /cs

Ordering Period 2

X APR 2019 – X APR 2020

BPA:

BPA - Patient Centric Labels (PCL) 2 x 5.5 VA CMOP Lancaster (763) & CMOP Leavenworth (760) VENDOR Name:

Cost Schedule continued

Ordering Period 3

X APR 2020 – X APR 2021

Ordering Period 4

X APR 2021 – X APR 2022

Ordering Period 5

X APR 2022 – X APR 2023

Patient Centric Label (PCL) 2 X 5.5 Sample Label Testing

Reference PC Labels will be provided to interested Vendors upon request to the Contracting Officer along with mailing address and POC. Offer ends 15 Mar 18

All interested SDVOSB Vendors submitting bids for this BPA will submit SAMPLE LABELS for testing and approval by the CO and each CMOP Facility.

· Patient Centric Label / 2 X 5.5 / Temporary Adhesive – One Roll for each site

Ship Sample Labels to:

Department of Veterans Affairs Network 15 Contracting Office (NCO) CMOP Division 3450 S. 4th St Trafficway Leavenworth, KS 66048 Attn: Julian Lake

· No SDVOSB Quotes will be accepted without first receiving Rolls of Sample Labels as stated above.

· Each shipping package of Sample Labels should be marked with your Company Name, the manufacturer and “SAMPLE FOR TESTING

· Contracting Officer will review the Sample Label format against the measurements provided.

· Any Sample Labels that do not meet the format specs will be failed and not sent out for further testing.

· Sample Labels passing format review by the Contracting Officer will then be ship to the CMOPs facilities for production testing and approval via overnight UPS.

· All SDVOSBs submitting Samples will be advise via email on the Test Results.

· Contracting Officer will mark all Sample Rolls shipped to the CMOPs for testing as:

· Company A, Temporary Adhesive PCL 2x5.5

· Company B, Temporary Adhesive PCL 2x5.5

· Company C, Temporary Adhesive PCL 2x5.5

Technical Requirements: Patient Centric Label (PCL) 2 X 5.5

· 1,000 labels per roll.

· Label is properly orientated on roll

· Spool is of proper size.

· Label dimensions are 2” W x 5.5” L.

· .5” gap between labels.

· Format is correct. (yellow highlighted areas).

· Print quality is acceptable (yellow, white areas).

· No-smudging of printed information to the label.

· Print quality is acceptable (patient information).

· Labels print without jamming printer.

· Label adheres to the surface applied to.

· All labels can be used on a roll without impacting performance

· Compatible with CMOP automated equipment (scanners etc.)

B.3 ADMINISTRATIVE DATA

A Blanket Purchase Agreement (BPA) is hereby established between and the Department of Veterans Affairs CMOP under the following terms and conditions incorporated in this BPA:

Vendor Primary Point of Contact:

Phone:

Email:

Vendor Alternate Point of Contact:

Phone:

Email:

B.4 PRICING DATA

a. The prices included on the BPA list (or applicable "discounted" rates submitted in a proposal response to an RFQ resulting in award) that are in effect on the effective date of an order shall govern that order's basic performance period. With regard to any Ordering Periods, which are later exercised, the proposed Ordering Period rates as incorporated into the order award are in effect until such time, if applicable, that the contractor has been authorized a rate increase culminating from a negotiation with the Contracting Officer.

b. The BPA holder can voluntarily reduce offered prices at any time by giving 24-hour advance notice (by facsimile or electronic-mail) to the Department of Veterans Affairs/Contracting Officer. if a "large order" is placed at one time. An advanced notice is not required for discounts offered for only an individual order. Whether an order is large enough to warrant such a discount is subject to the discretion of the BPA holder.

c. The BPA holder may also increase BPA prices at any time. Any BPA price increase shall not take effect until the Department of Veterans Affairs Contracting Officer receives written notification (U.S. mail, facsimile, or electronic-mail). Any order already issued shall not be affected by any change to BPA pricing. The prices offered under this BPA will undergo annual review by the Department of Veterans Affairs Contracting Officer.

(End of Clause)

B.5 OPTION TO EXTEND THE TERM OF THE BPA

a. The Government may extend the term of this BPA by written notice to the Contractor at any time prior to the expiration of the BPA, provided that the Government shall give the Contractor a preliminary written notice of its intent to extend at least 60 days before the BPA expires. The preliminary notice does not commit the Government to an extension.

b. If the Government exercises this option, the extended BPA shall be considered to include this option provision.

(End of Clause)

B.6 GENERAL SUPPLY ORDERS

A properly appointed Department of Veterans Affairs Contracting Officer will request annual price quotes from the Contractor based upon the preceding annual quantity requirements, no fewer than 60 days in advance of Fiscal Year Appropriations. The information provided to the Contractor will include the place of performance, required delivery of orders, and any other specific order requirements. The vendor will reply within 10 business days with a Firm-Fixed-Price quote. The Contractor may offer additional spot discounts on any order, as they deem appropriate. All subcontractor activity must be clearly identified in each new quotation as applicable.

(End of Clause)

B.7 AUTHORIZED LIMITS

The Government estimates, but does not guarantee, that individual BPA Orders placed against this Agreement may reach $10,000.00/per Order. This Order Limit may be increased by mutual agreement of the parties as necessary, in whole or part. The authorized Ceiling Limit of the Agreement is set at $150,000.00 over the period covered by the Agreement; this ceiling is also not a guarantee. The Ceiling Limit may also be raised in association with Order Limit increases or other conditions which, by mutual agreement of the parties, maybe considered necessary. Authorization for individual orders above the stated order and/or Ceiling Limits must be coordinated through the Contracting Officer before larger valued orders can be issued and prior to commencement of work. All unauthorized work, regardless of amount, will be processed through the ratification process.

(End of Clause)

B.8 OBLIGATION OF FUNDS

This BPA does not obligate any funds. The Government is obligated only to the extent of authorized orders actually issued under the BPA by the Contracting Officer.

(End of Clause)

B.9 PERIOD OF PERFORMANCE

This BPA expires on APR 2023 or such later ending date as determined by the exercise of any option.

(End of Clause)

B.10 AUTHORIZED INDIVIDUALS

Individuals Authorized to Place Orders:

DVA authorizes the following entities to place orders:

As designated by way of written Ordering Authority (End of Clause)

B.11 ORDER FORMAT

Orders will be placed against this BPA via e-mail, Electronic Data Interchange (EDI), FAX, or in hardcopy format. Each individual BPA Order will describe the tasks, services and deliverables required.

(End of Clause)

B.12 AUTHORIZED REPRESENTATIVES

The primary Contracting Officer (CO) for this Agreement is:

Julian Lake Contract Officer Department of Veterans Affairs National CMOP Contracting Office 3450 S. 4th St Trafficway Leavenworth, KS 66048 913-684-0132 Julian.Lake@va.gov

The Primary Contracting Officer's Representative (COR) for projects under this Agreement is:

James Hinspeter Contracting Officer Representative, CMOP National Office 708-786-7541 James.Hinspeter@va.gov

The CMOP Lancaster Point of Contact (POC) under this Agreement is:

Pendley, Kristi Inv Management Spec, VHA 972-228-6230 Kristi.Pendley@va.gov

The CMOP Leavenworth Point of Contact (POC) under this Agreement is:

Robin Halstead Inv Management Spec, VHA

(913) 727-4825 Robin.Halstead@va.gov

The COR will interpret specifications or technical portions of the work. The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent t that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the contractor's right to proceed;

B.13 FEDERAL HOLIDAYS

Unless specifically authorized in writing by the Contracting Officer, no services will be provided and no charges will be incurred and/or billed to any order on this contract on any of the Federal Holidays listed below.

New Years Day Labor Day Martin Luther King Day Columbus Day Presidents' Day Veterans' Day Memorial Day Thanksgiving Day Independence Day Christmas Day

B.14 INVOICES

a. Inspection and acceptance shall be accomplished as follows: The Government, for all services furnished under any resulting order, hereby designates the COR in the program office as the point of final inspection and acceptance.

b. The BPA holder will submit each invoice to Tungsten/OB10 http://www.tungsten-network.com/customer-campaigns/veterans-affairs/

B.15 PRECEDENCE

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

BPA - 36C77018Q0348 – Patient Centric Labels - CMOPs Lancaster 763 – Leavenworth 760 Vendor is responsible for monitoring the RFQ for any AMENDMENTS Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN 2017)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(u) Unauthorized Obligations.

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

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

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

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

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

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

(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

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

C.2 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

The Government may…