36E79719R0023-001.docx
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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
36E79719R0023 07-10-2019 Teresa Hussain teresa.hussain@va.gov 708-786-5852 07-23-2019
2:30 PM CT
Department of Veterans Affairs OPAL / National Acquisition Center Building 37, NCS (003B6C3) 1st Avenue, One Block North of Cermak Hines IL 60141 X Y 326160 1250 Employees N/A N/A X VA Pharmaceutical Prime Vendor Refer to Attachment A, located in Section D.
Department of Veterans Affairs OPAL / National Acquisition Center Building 37, NCS (003B6C3) 1st Avenue, One Block North of Cermak Hines IL 60141
VA Pharmaceutical Prime Vendor Refer to Attachment A, located in Section D.
See CONTINUATION Page Vials, Bottles, and Caps Groups I & II - VA Vials and Caps (VA Logo required) - ScriptPro compatible Groups III & IV - OGA Vials and Caps (No VA Logo) - ScriptPro compatible Group V - VA/OGA Bottle, Safety Cap, wide-mouth packer VA Logo & ScriptPro compatibility not required Groups I -V represent five separate requirements Award will be made in the aggregate for the base year and option year for each group. To be considered for an award offeror must submit a price for the base year and option year for all items within the group.
Prices offered shall not exceed two decimal places.
Offered prices must include the Cost Recovery Fee of 0.5%, as outlined in Scope of Contract.
See CONTINUATION Page X X 1 scan GROUP I - VA only; VA Logo required
GROUP II - VA only; VA Logo required
GROUP III - IHS & BOP; NO VA Logo required
GROUP IV - IHS & BOP; NO VA Logo required
GROUP V - VA, IHS, BOP; NO VA Logo; not used in automation machines
Group I - Amber vial, plastic, round, minimum 4-1/8" circumference, minimum 2" high, for use with safety caps (press down and turn) and non-safety snap caps; one-piece closure, no fitment. Vials and caps must meet USP light transmission and moisture tight container requirements. Vial opening instructions must be legibly embossed or permanently marked in contrasting color on cap surface - Requires VA Logo - Schedule of Supplies VA only
| QTY |
| Unit |
| Unit Price per vial/cap |
| Vial Price x Est. QTY |
| Price per Case |
| 1 |
| 8 Dram Vial |
| 6,500 |
| VI |
Product # _______________ Pkg Sz ________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 1a |
| Safety Cap |
| 5,850 |
| EA |
Product # _______________ Pkg Sz ________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 1b |
| Non-Safety Cap |
| 650 |
| EA |
Product # ______________ Pkg Sz _________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 2 |
| 12 Dram Vial |
| 1,644,500 |
| VI |
Product # ______________ Pkg Sz _________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 2a |
| Safety Cap |
| 1,480,050 |
| EA |
Product # ______________ Pkg Sz _________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 2b |
| Non-Safety Cap |
| 164,450 |
| EA |
Product # ______________ Pkg Sz _________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 3 |
| 16 Dram Vial |
| 1,436,400 |
| VI |
Product # ______________ Pkg Sz _________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 3a |
| Safety Cap |
| 1,292,760 |
| EA |
Product # ______________ Pkg Sz _________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
3b
Non-Safety Cap
143,640
EA
Product # ______________ Pkg Sz _________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 4 |
| 20 Dram Vial |
| 74,800 |
| VI |
Product # ______________ Pkg Sz _________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 4a |
| Safety Cap |
| 67,320 |
| EA |
Product # ______________ Pkg Sz _________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 4b |
| Non-Safety Cap |
| 7,480 |
| EA |
Product # ______________ Pkg Sz _________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 5 |
| 30 Dram Vial |
| 32,620 |
| VI |
Product # ______________ Pkg Sz ________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 5a |
| Safety Cap |
| 29,358 |
| EA |
Product # ______________ Pkg Sz _________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 5b |
| Non-Safety Cap |
| 3,262 |
| EA |
Product # ______________ Pkg Sz ________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 6 |
| 40 Dram Vial |
| 1,111,660 |
| VI |
Product # ______________ Pkg Sz _________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 6a |
| Safety Cap |
| 1,000,494 |
| EA |
Product # ______________ Pkg Sz _________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 6b |
| Non-Safety Cap |
| 111,166 |
| EA |
Product # ______________ Pkg Sz _________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 7 |
| 60 Dram Vial |
| 60,620 |
| VI |
Product # ______________ Pkg Sz _________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 7a |
| Safety Cap |
| 54,558 |
| EA |
Product # ______________ Pkg Sz _________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 7b |
| Non-Safety Cap |
| 6,062 |
| EA |
Product # ______________ Pkg Sz _________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
GROUP II - Amber vial, plastic, round, minimum 4-1/8" circumference, minimum 2" high, for use with safety caps (squeeze and turn) and non-safety snap caps; two-piece closure, fitment inserted. Vials and caps must meet USP light transmission and moisture tight container requirements. Vial opening instructions must be legibly embossed or permanently marked in contrasting color on cap surface – Requires VA Logo - Schedule of Supplies VA only
| QTY |
| Unit |
| Unit Price per vial/cap |
| Vial Price x Est. QTY |
| Price per Case |
| 8 |
| 9 Dram Vial |
| 128,250 |
| VI |
Product # ________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 8a |
| Safety Cap |
| 115,425 |
| EA |
Product # ________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 8b |
| Non-Safety Cap |
| 12,825 |
| EA |
Product # ________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 9 |
| 13 Dram Vial |
| 3,935,100 |
| VI |
Product # ________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 9a |
| Safety Cap |
| 3,541,590 |
| EA |
Product # ________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 9b |
| Non-Safety Cap |
| 393,510 |
| EA |
Product # _________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 10 |
| 16 Dram Vial |
| 2,649,240 |
| VI |
Product # _________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 10a |
| Safety Cap |
| 2,384,316 |
| EA |
Product # ________________ Pkg Sz ___________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 10b |
| Non-Safety Cap |
| 264,924 |
| EA |
Product # _________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 11 |
| 20 Dram Vial |
| 4,538,800 |
| VI |
Product # _________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 11a |
| Safety Cap |
| 4,084,920 |
| EA |
Product # _________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 11b |
| Non-Safety Cap |
| 453,880 |
| EA |
Product # _________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 12 |
| 30 Dram Vial |
| 480,200 |
| VI |
Product # _________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 12a |
| Safety Cap |
| 432,180 |
| EA |
Product # _________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 12b |
| Non-Safety Cap |
| 48,020 |
| EA |
Product # _________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 13 |
| 40 Dram Vial |
| 2,861,650 |
| VI |
Product # _________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 13a |
| Safety Cap |
| 2,575,485 |
| EA |
Product # _________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 13b |
| Non-Safety Cap |
| 286,165 |
| EA |
Product # _________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 14 |
| 60 Dram Vial |
| 323,540 |
| VI |
Product # _________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 14a |
| Safety Cap |
| 291,186 |
| EA |
Product # _________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 14b |
| Non-Safety Cap |
| 32,354 |
| EA |
Product # _________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
Group III - Amber vial, plastic, round, minimum 4-1/8" circumference, minimum 2" high, for use with safety caps (press down and turn) and non-safety snap caps; one-piece closure, no fitment. Vials and caps must meet USP light transmission and moisture tight container requirements. Vial opening instructions must be legibly embossed or permanently marked in contrasting color on cap surface - Does NOT require VA logo - Schedule of Supplies IHS & BOP only
| QTY |
| Unit |
| Unit Price per vial/cap |
| Vial Price x Est. QTY |
| Price per Case |
| 15 |
| 8 Dram Vial |
| 82,033 |
| VI |
Product # ________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 15a |
| Safety Cap |
| 73,830 |
| EA |
Product # ________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 15b |
| Non-Safety Cap |
| 8,203 |
| EA |
Product # ________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 16 |
| 12 Dram Vial |
| 3,423,627 |
| VI |
Product # ________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 16a |
| Safety Cap |
| 3,081,264 |
| EA |
Product # ________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 16b |
| Non-Safety Cap |
| 342,363 |
| EA |
Product # ________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 17 |
| 16 Dram Vial |
| 814,600 |
| VI |
Product # ________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 17a |
| Safety Cap |
| 733,140 |
| EA |
Product # ________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 17b |
| Non-Safety Cap |
| 81,460 |
| EA |
Product # ________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
20 Dram Vial
29,200
VI
Product # ________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 18a |
| Safety Cap |
| 26,280 |
| EA |
Product # ________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 18b |
| Non-Safety Cap |
| 2,920 |
| EA |
Product # ________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 19 |
| 30 Dram Vial |
| 51,240 |
| VI |
Product # ________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 19a |
| Safety Cap |
| 46,116 |
| EA |
Product # ________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 19b |
| Non-Safety Cap |
| 5,124 |
| EA |
Product # ________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 20 |
| 40 Dram Vial |
| 982,877 |
| VI |
Product # ________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 20a |
| Safety Cap |
| 884,589 |
| EA |
Product # ________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 20b |
| Non-Safety Cap |
| 98,288 |
| EA |
Product # ________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 21 |
| 60 Dram Vial |
| 82,330 |
| VI |
Product # ________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 21a |
| Safety Cap |
| 74,097 |
| EA |
Product # ________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 21b |
| Non-Safety Cap |
| 8,233 |
| EA |
Product # ________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
GROUP IV - Amber vial, plastic, round, minimum 4-1/8" circumference, minimum 2" high, for use with safety caps (squeeze and turn) and non-safety snap caps; two-piece closure, fitment inserted. Vials and caps must meet USP light transmission and moisture tight container requirements. Vial opening instructions must be legibly embossed or permanently marked in contrasting color on cap surface - Does NOT require VA logo - Schedule of Supplies IHS & BOP only
| QTY |
| Unit |
| Unit Price per vial/cap |
| Vial Price x Est. QTY |
| Price per Case |
| 22 |
| 9 Dram Vial |
| 75,665 |
| VI |
Product # ________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 22a |
| Safety Cap |
| 68,099 |
| EA |
Product # ________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 22b |
| Non-Safety Cap |
| 7,567 |
| EA |
Product # ________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 23 |
| 13 Dram Vial |
| 4,821,236 |
| VI |
Product # ________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 23a |
| Safety Cap |
| 4,339,112 |
| EA |
Product # ________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 23b |
| Non-Safety Cap |
| 482,124 |
| EA |
Product # ________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 24 |
| 16 Dram Vial |
| 1,146,592 |
| VI |
Product # ________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 24a |
| Safety Cap |
| 1,031,933 |
| EA |
Product # ________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 24b |
| Non-Safety Cap |
| 114,659 |
| EA |
Product # ________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 25 |
| 20 Dram Vial |
| 539,482 |
| VI |
Product # ________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 25a |
| Safety Cap |
| 485,534 |
| EA |
Product # ________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 25b |
| Non-Safety Cap |
| 53,948 |
| EA |
Product # ________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 26 |
| 30 Dram Vial |
| 244,114 |
| VI |
Product # ________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 26a |
| Safety Cap |
| 219,703 |
| EA |
Product # ________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 26b |
| Non-Safety Cap |
| 24,411 |
| EA |
Product # ________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 27 |
| 40 Dram Vial |
| 1,005,413 |
| VI |
Product # ________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 27a |
| Safety Cap |
| 904,872 |
| EA |
Product # ________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 27b |
| Non-Safety Cap |
| 100,541 |
| EA |
Product # ________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 28 |
| 60 Dram Vial |
| 93,821 |
| VI |
Product # ________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 28a |
| Safety Cap |
| 84,439 |
| EA |
Product # ________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 28b |
| Non-Safety Cap |
| 9,382 |
| EA |
Product # ________________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
Group V - Schedule of Supplies VA, IHS, BOP, Is NOT used in automation. There is no need to be compatibility with automated equipment Group V- Bottle, safety cap, wide mouth packer, screw neck, round, opaque white high-density polyethylene with child-resistant (clutch) type cap. Bottles and caps must meet USP light transmission and moisture tight container requirements- Does NOT require VA logo
| QTY |
| Unit |
| Unit Price per BT/cap |
| Unit Price x Est. QTY |
| Price per Case |
| 29 |
| 80 dram (300-325cc) |
| 14,910 |
| BT & CAP |
| Product # ____________ Pkg Sz |
| _________ |
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 30 |
| 105 dram (400-425cc) |
| 32,580 |
| BT & CAP |
| Product # ____________ Pkg Sz |
| _________ |
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
| 31 |
| 130 dram (500-525cc) |
| 91,567 |
| BT & CAP |
Product # ______________ Pkg Sz __________
Base price:
| $ |
| $ |
| $ |
Option price:
| $ |
| $ |
| $ |
The government is specifying no particular package/case size; therefore, any commercial package size is acceptable. The package size will not be evaluated, only price of the vials/bottles and caps.
Table of Contents
| SECTION A | 1 |
| A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS | 1 |
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 13 |
| CONTINUATION OF STANDARD FORM 1449: SCHEDULE OF SUPPLIES/SERVICES | 13 |
| SCOPE OF CONTRACT | 14 |
| 3. PRODUCT, PACKAGING, AND LABELING REQUIREMENTS | 16 |
| SECTION C - CONTRACT CLAUSES | 19 |
| C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018) (MAY 5, 2011 DEVIATION) | 19 |
| ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS | 22 |
| C.2 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018) | 22 |
| C.3 52.216-21 REQUIREMENTS (OCT 1995) (MAY 5, 2011 DEVIATION) | 24 |
| C.4 52.216-18 ORDERING (OCT 1995) | 24 |
| C.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) | 24 |
| C.6 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 25 |
| C.7 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018) | 25 |
| C.8 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018) | 25 |
| C.9 SUBCONTRACTING COMMITMENTS--MONITORING AND COMPLIANCE (JUL 2018) | 26 |
| C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAY 2019) | 26 |
| C.11 MANDATORY WRITTEN DISCLOSURES | 34 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 35 |
| D.1 ATTACHMENT “A” | 35 |
| D.2 ATTACHMENT “B” | 36 |
| D.3 ATTACHMENT “C” | 38 |
| SECTION E - SOLICITATION PROVISIONS | 45 |
| E.1 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS | 45 |
| (Oct 2018) | 45 |
| ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS --COMMERCIAL ITEMS | 48 |
| E.2 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018) | 50 |
| E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) | 51 |
| E.4 52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991) | 52 |
| E.5 52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991) | 52 |
| E.6 52.216-1 TYPE OF CONTRACT (APR 1984) | 52 |
| E.7 52.233-2 SERVICE OF PROTEST (SEP 2006) | 52 |
| E.8 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008) | 53 |
| E.9 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998) | 53 |
| E.10 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014) | 54 |
| E.11 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (OCT 2018) | 55 |
SECTION B - CONTINUATION OF SF 1449 BLOCKS
CONTINUATION OF STANDARD FORM 1449: SCHEDULE OF SUPPLIES/SERVICES
Please be advised the following are included in the solicitation and are highlighted here.
Proposals may be delivered to Department of Veterans Affairs, National Acquisition Center, National Contract Service (003B6C3), 1st Avenue, 1 Block North of Cermak Road, Building 37, Hines, IL 60141. Proposals will also be accepted in Microsoft Word or PDF form via e-mail at Teresa.hussain@va.gov with a scanned (pdf) copy of the signed SF1449. Offerors are not required to submit an original proposal if an electronic proposal was received. Please note that faxed proposals are not acceptable and will be rejected. Reference FAR 52.212-1(f) regarding timeliness of submission of offers.
If the offeror is not the manufacturer of the offered items, the offeror shall submit a letter of commitment from the manufacturer to the offeror which will assure the offeror of a source of supply sufficient to satisfy the Government's requirements for the contract period. “Manufacturer” is defined as the entity that measures, mixes, weighs, and compounds the active and inactive ingredients into a vial or bottle. This requirement shall be met before contract award. Offers that fail to submit a letter of commitment before contract award shall be rejected and shall receive no further consideration. (See Addendum 52.212-1 – Instruction to Offerors).
Groups I, II, III, IV and V represent separate requirements for purposes of award, of Federal Acquisition Regulation (FAR) clause 52.217-9, “Option to Extend the Term of the Contract “and FAR Clause 52.233-3, “Service of Protest.” For the purpose of determining the lowest-priced, technically acceptable offer(s) the Government will evaluate each group separately. Proposals that fail to include a price for the base year and option year for all line items within the group may be rejected and may receive no further consideration. Award will be made in the aggregate to the responsible contractor(s) per individual product group or a combination of product groups if this results in the lowest overall price to the Government. To be considered for award, offerors must propose prices for all line items for the base and each option year for all the items within a product group or groups proposed: Group I – Line items 1-7; Group II – Line items 8 – 14; Group III – Line items 15 – 21; Group IV – Line items 22 – 28; Group V – Line items 29-31.
(Refer to Schedule of Supplies for package size details and estimates)
Offered prices shall include a 0.50% Cost Recovery Fee (Scope of Contract, paragraph 12).
The Government will evaluate offers in accordance with the policies and procedures of the Federal Acquisition Regulation (FAR) Part 25. The Government will only consider offers of U.S.-made end products or designated country end-products, unless no offers for such products are received or are insufficient to fulfill the requirements.
Acknowledgement of Amendments. The following amendments are acknowledged as part of this solicitation. (Please complete if applicable)
| Amendment Number |
| Date Acknowledged by Offeror |
The System for Award Management (SAM) is an online system that replaces CCR/FedReg, ORCA, and EPLS. Contractors should now go to www.sam.gov to find their information. Training tools are available on the SAM website at www.sam.gov for familiarization with the SAM system. Prospective contractors shall maintain a current and accurate record in the SAM database. SAM updates are required, as necessary, but at least annually.
Subcontracting Plan Requirements: Pursuant to the requirements of 15U.S.C.644, all large business concerns are required to have an approved subcontracting plan for contracts valued over $700,000 before the Government can award a contract (see FAR 52.219-9 for details). Offerors must submit a currently approved commercial plan or a new plan for review and approval. Attachment “D” includes all of the elements required to be addressed and is included to facilitate the submission of a subcontracting plan. Note: The dollar value of $150,000 provided in paragraph (d)(11)(iii) of 52.219-9 which is incorporated by reference at 52.212-5(b)(17)(iii)] is revised to $250,000 in accordance with VA Class Deviation dated March 22, 2018.
As prescribed in FAR Part 42.15, VA evaluates contractor performance on all contracts that exceed the Simplified Acquisition Threshold, which was raised to $250,000, by a VA Class Deviation dated March 22, 2018, and shares those evaluations with other federal government agencies. The FAR requires that the contractor be provided an opportunity to comment on past performance evaluations prior to each report closing. To fulfill this requirement, VA will be using an online database, the Contractor Performance Assessment Reporting System (CPARS). Annual reporting of past performance will be completed at http://www.cpars.gov and uploaded to PPIRS (Past Performance Information Retrieval System).
SCOPE OF CONTRACT
1. INTRODUCTION
1.1 Background. All Ordering Activities under the Department of Veterans Affairs acquire their pharmaceutical requirements through their Pharmaceutical Prime Vendor Program (PPV), hereafter referred to as the VA PPV Program. The PPV Program is a separate contract which establish the fees for the distribution of pharmaceutical products that are distributed through the PPV Program on Federal Government (i.e., Federal Supply Schedules, National Standardization) contracts. A contract resulting from this solicitation establishes the VA National Contract prices for the products listed in the schedule of supplies that will be distributed through the PPV Programs. Section 2.1, “Government Participants” lists the PPV Program participants that will be authorized users of the contract resulting from this solicitation. The contractor shall follow all appropriate requirements as implemented in Drug Supply Chain Security Act (DSCSA).
1.2 Purpose and Objectives. The purpose of this solicitation is to establish a supply source that will provide the drugs listed in the schedule for purchase through the PPV Programs. The total annual estimated usage for VA, Federal Health Care Center (FHCC), State Veterans Homes - Option 2 (SVH), Indian Health Service (IHS), and Bureau of Prisons (BOP) appears on the Schedule of Supplies section of this Solicitation. The objective of such a contract is to ensure availability and consistency of product for nationwide usage and to obtain volume-based, committed use pricing.
1.3 Government Purchase Compliance. VA, FHCC, SVH (Option 2), IHS, and BOP will purchase their requirements for the strengths of the drugs listed in the schedule through the PPV Program except when: (1) the contracted items are unavailable to meet the needs of the Government, or (2) an alternate is requested by the prescribing healthcare provider, or (3) additionally, IHS will not participate if the awardee does not have a Centers of Medicare or Medicaid (CMS) reimbursable product(s). In the event that 1, 2, or 3 applies, these instances will be considered exceptions to section C.3 – 52.216-21, Requirements. VA’s PPV contract has ordering lock-out procedures in place to support VA contract compliance and to prevent purchases of non-contract products. Participants of the VA PPV Program include VA, FHCC, SVH (Option 2), IHS, and BOP.
1.4 Contract Effective Date. The contract will be effective on the date the Contracting Officer signs the SF1449 and notifies the contractor of award. The first 60 days of the contract period (or a shorter time period, if mutually agreed between the contractor and Government) will be an implementation period when the PPV begin placing orders with the contractor for delivery to multiple PPV distribution centers. Orders placed with the PPV by Government participants will begin shipping under this contract upon the expiration of the 60-day implementation period but no earlier than August 5, 2019. There are approximately 31 VA PPV Distribution Centers located nationwide. The contractor shall ensure that sufficient inventory of contract items awarded under this solicitation is available, and that chargeback agreements with the PPVs have been executed with sufficient time to permit the PPVs to begin timely distribution of Government orders by the expiration of the contract implementation period. The current PPV is listed as attachment “A” of this solicitation. The current PPV may change and the contractor will be notified of any changes in PPV contractor during the term of the contract resulting from this solicitation. Payment terms, time and place of delivery to PPV distribution centers and other business-to-business agreement terms shall be agreed upon between the PPV contractor and the contractor awarded a contract from this solicitation. Within 15 days from receipt of award, the Contracting Officer shall be notified by the contractor if any business-to-business-agreements cannot be reached with the PPV. Failure or refusal to reach agreement with the PPV shall constitute sufficient cause for terminating the contract under Federal Acquisition Regulation Part 52.212-4(m), Contract Terms and Conditions-Commercial Items, Termination for Cause.
1.5 Contract Duration. The contract(s) resulting hereunder will be in effect for one (1) year with one (1) one-year pre-priced option period that may be exercised unilaterally by the Government in accordance with FAR 17.207 and FAR 52.217-9.
2. EXTENT OF OBLIGATION
2.1 Government Participants. The contractor shall provide the products specified in the schedule at the prices awarded herein for the facilities/agencies below:
All Department of Veterans Affairs (VA) facilities All Indian Health Service (IHS) facilities All Bureau of Prisons (BOP) facilities Captain James A. Lovell Federal Health Care Center (FHCC) All Option 2 State Veteran Homes (See paragraph 2.2 State Veteran Homes)
A database of all facilities authorized to use the VA PPV Program may be downloaded from the National Acquisition Center’s web site at http://www.va.gov/oal/business/nc/ppv.asp. The database identifies each State Veteran Home as option 1 or 2.
2.2 State Veteran Homes (SVH’s). There are numerous State Veteran Homes (SVHs) that have entered into sharing agreements with VA Medical Centers (VAMCs). The SVHs with sharing agreements that participate in the VA PPV Program are identified as being one of two types: Option 1 or Option 2.
Option 1: The SVH orders pharmaceuticals directly from the VA PPV and pays the VA PPV for all items purchased. An Option 1 SVH is not eligible for national contract prices awarded under this solicitation unless it is specifically named in the scope of contract or added after award by mutual agreement.
Option 2: The VAMC authorizes the SVH’s order, and the VAMC makes payment to the VA PPV for all pharmaceuticals ordered by the SVH. An Option 2 SVH is eligible for the national contract prices awarded under this solicitation.
2.3 Product Samples. Offerors shall provide one sample for each line item proposed for Groups III & IV (vials and caps) and Group V (bottles and caps), that is a true representation of the vials/bottles that would be used to fulfill the requirements of this solicitation. For purposes of evaluation, only samples should be submitted for Groups III & IV as Group I and II are identical to Group III and Group IV respectively but with the VA Logo. Samples will be used to evaluate compliance with the salient characteristics listed in (3.1) Product Requirements of the Scope of the Contract and will not be returned. (See FAR Clause 52.212-1(c)) The samples must be submitted by the due date for offers. Each offeror shall also provide documentation of internal or external test results for USP light transmission and moisture tight requirements for all Groups I - V. Any offer whose proposed samples fail to meet the minimum requirements shall be rejected and shall receive no further consideration.
2.4 Estimated Quantities. The quantities in the schedule reflect the combined usage of all VA (inclusive of FHCC and SVH), IHS, and BOP activities currently participating in the PPV Programs. These estimated annual requirements do not include those of any other Government agency, including those currently participating in the VA PPV Program (e.g. Immigration and Customs Enforcement, Option 1 State Veteran’s Homes). The estimated usage cited in the Schedule is the Government’s total estimated usage for the strengths listed. There is no expressed or implied guarantee that the estimated quantity will be purchased under this contract. Actual quantities purchased may exceed or be less than those represented.
3. PRODUCT, PACKAGING, AND LABELING REQUIREMENTS
3.1 Product Sample Requirements:
Group I & III -- Amber vial, plastic, round, minimum 4-1/8" circumference, minimum 2" high, for use with safety caps (press down and turn) and non-safety snap caps; one-piece closure, no fitment. Vials and caps must meet USP light transmission and moisture tight container requirements. Vial opening instructions to be legibly embossed or permanently marked in contrasting color on cap surface. (Samples should be submitted for all line items for Group III) Vials must be compatible with current calibration of ScriptPro machines.
Group II & IV -- Amber vial, plastic, round, minimum 4-1/8" circumference, minimum 2" high, for use with safety caps (press down and turn) and non-safety snap caps; two-piece closure, fitment inserted. Vials and caps must meet USP light transmission and moisture tight container requirements. Vial opening instructions to be legibly embossed or permanently marked in contrasting color on cap surface. (Samples should be submitted for all line items for Group IV) Vials must be compatible with current calibration of ScriptPro machines.
Group V - Bottle, safety cap, wide mouth packer, screw neck, round, opaque white high-density polyethylene with child-resistant (clutch) type cap. Bottles and caps must meet USP light transmission and moisture tight container requirements.
Each offeror shall also provide documentation of internal or external test results for USP light transmission and moisture tight requirements for Groups I - V.
3.2 Packaging Requirements.
The government is specifying no particular package/case; therefore, any commercial package size is acceptable. The package size will not be evaluated, only the price of the vials, bottles and caps. Offeror shall provide the Product number and package size for each line item.
4. COST RECOVERY FEE AND SUBMISSION OF QUARTERLY SALES REPORTS
(a) Quarterly Sales Reports. The Contractor shall report all contract sales under this contract and submit collected Cost Recovery Fees as follows:
(1) The Contractor shall accurately report the dollar value, in U.S. dollars and rounded to the nearest whole dollar, of all sales made under this contract by calendar quarter (January 1–March 31, April 1–June 30, July 1–September 30, and October 1–December 31). Reported sales must include all sales made to all authorized contract users, whether shipped directly to the users or through Prime Vendor contractors. The report shall reflect sales by contract line item and shall segment sales by the Department of Veterans Affairs (VA) and Other Government Agencies (OGA). A Cost Recovery Fee equivalent to 0.5 % of the current contract price shall be collected from all contract users. The 0.5 % Cost Recovery Fee shall be imbedded in the awarded contract prices, and offers submitted in response to this solicitation shall include the Cost Recovery Fee in every line item price offered. The reported contract sales shall include the cost recovery fee and each quarterly report shall show the total cost recovery fee amount collected on the reported sales. The Contractor shall maintain a consistent accounting method of sales reporting, based on the Contractor’s established commercial accounting practice.
(2) Contract sales reports are due to the VA contracting officer within 60 calendar days following the completion of each reporting quarter or completion of the contract, whichever occurs first. A report is required even when no billings or invoices are issued or no orders are received during the contract period.
(3) The sales report signed by an authorized representative of the contractor shall be sent by mail to the address listed below, to the Contracting Officer’s email, or facsimile to the contracting officer. Facsimile transmissions may be made to: (708) 786-5256.
Department of Veterans Affairs National Acquisition Center (003B6C3) P.O. Box 76 First Avenue, 1 Block North of Cermak, Bldg. 37 Hines, IL 60141
(4) In addition to the submission of quarterly sales reports due to the contracting officer within 60 days after the end of each reporting quarter, contractors shall provide copies of sales reports simultaneously with contractor’s cost recovery fee payment submissions via facsimile, to the attention of C.R. Agent Cashier, fax: (708) 786-7525 or email: AMMHINBOCFISCAL@VA.GOV
(b) Cost Recovery Fee. The 0.5 % Cost Recovery Fee amount collected and due shall be paid either electronically or by check, and shall be addressed to the “Department of Veterans Affairs”. When the Contractor has multiple national contracts, the fee may be consolidated into one check. Consolidated payments for multiple contracts shall identify each contract number included, dollar amount remitted for each contract number, and reporting quarter.
To ensure that the payment is credited properly, the contractor shall identify the check or electronic transmission as a “Cost Recovery Fee” and include a copy of the applicable Sales Report. The Cost Recovery Fee payment is due to the Fiscal Division at the same time the sales report is due to the contracting officer, i.e., within 60 calendar days following the completion of each reporting quarter or completion of the contract.
Cost Recovery Fee payments shall not be combined with any Industrial Fund Fee payments. Contractors shall remit separately any Industrial Fund Fee payments in support of any of the Contractor’s Federal Supply Schedule contracts.
Cost recovery fee payments made electronically shall include the following information:
| Receiving Bank Name: Department of Treasury |
| Receiving Bank Contact: Cash Link ACH Receiver |
| Contact Phone: 301/887-6600 |
| Receiving Bank City, State: Richmond, Virginia |
| Receiving Bank Routing/Transit Number: 051036706 |
| Receiving Bank Capability: CCD+ |
| Receiving Account Number: 220020 |
| 820 ACH Format used by Receiving Bank: Standard |
Contract Number(s): (Contractor shall insert the contract number, which will be assigned by the VA contracting officer at time of award.)
Cost recovery fee payments made in check form shall be made to the attention of “Department of Veterans Affairs” and mailed to the following address:
| Fiscal Division (901A) |
| Attn: C.R. Agent Cashier |
| P.O. Box 7005 |
| Hines, IL 60141 |
(c) The Government reserves the right to inspect without further notice, such records of the Contractor as pertain to sales under any contract resulting from this solicitation. Willful failure or refusal to furnish the required reports, or falsification thereof, shall constitute sufficient cause for terminating the contract under FAR 52.212-4(m), Contract Terms and Conditions - Commercial Items, Termination for Cause.
(d) Failure to remit the full amount of the Cost Recovery Fee within 60 calendar days after the end of the applicable reporting period constitutes a contract debt to the United States Government under the terms of (FAR) 32.6. The Government may exercise all rights under the Debt Collection Improvement Act of 1996, including withholding or setting off payments and interest on the debt (see FAR clause 52.232-17, Interest). Should the Contractor fail to submit the required sales reports, falsify them, or fail to timely pay the Cost Recovery Fee, the Government shall have, in addition to the rights and remedies described in this paragraph, all other rights and remedies permitted by Federal law and statutes.
36E79719R0023
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018) (MAY 5, 2011 DEVIATION)
(a) Inspection/Acceptance (TAILORED). Products will be ordered by the Government through Government Prime Vendor contracts. The Government’s inspection rights become effective upon receipt at the Government ordering facility. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance, at the Government’s discretion. The contractor shall tender for acceptance only those items that conform to the requirements of this contract. 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) (DEVIATION) Reserved.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes (DEVIATION). This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). 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. The Civilian Board of Contract Appeals has jurisdiction over any disputes arising under this contract. Also, a dispute arising between a Contractor and any authorized Government Prime Vendor(s) does not give rise to a “claim” under the Disputes Clause, FAR 52.233-1.
(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) (DEVIATION) Reserved.
(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 (DEVIATION). Payment for the items awarded on this contract will be made by the Government at the awarded prices directly to the Government prime Vendor Contractors upon delivery by the Prime Vendor Contractors to Government ordering facilities.
(j) Risk of loss (TAILORED). 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 delivery of supplies to the Government facility. Risk of loss does not pass to the Government upon delivery by the contractor to any Government contracted VA Prime Vendor contractor.
(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 (TAILORED). Except as otherwise provided by an express or implied warranty, the Contractor will not be liable in a breach of warranty action 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, and Compliance with Laws Unique to Government Contracts 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.
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:
1. Ordering. This solicitation provides for award(s) of contract(s) in support of VA’s standardization program. Products awarded on the resultant contract(s) will be distributed through Government Prime Vendor contract(s). Order placement for supplies awarded will be made by Government Prime Vendor contractor(s) to the awarded contractor(s) and, any supplies to be furnished under this contract shall be ordered by issuance of delivery orders by the individuals or facilities directly to Prime Vendor contractor(s). Government Prime Vendor contractor(s) will accept orders and payment for the contracted item(s) on behalf of the contractor. Such orders may be issued from the effective date of the contract through the expiration date of the final option period exercised. All delivery orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
2. Delivery. Delivery order requirements such as product quantities, time and place of delivery, and method of delivery for product(s) awarded on resultant contract(s) will be determined between the awarded contractor(s) and Government Prime Vendor contractors.
3. Chargeback Arrangements. Chargeback arrangements/agreements shall be coordinated between the Government Prime Vendor contractors and the successful contractor(s). The government will not become involved in this area nor will the Government assume any responsibility for any monies involved with such arrangements.
C.2 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)
(a) Definitions. As used in this clause— Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.
Registered in the System for Award Management (SAM) means that—
(1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into SAM;
(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in SAM;
(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS).
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