N00183-13-T-0095.doc

Section A - Solicitation/Contract Form

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Contractor Information:

TIN:

CAGE:

DUNS:

POC. :

Phone:

Email:

Naval Medical Center Portsmouth Contracting Contact Information:

POC: Peggy Klingensmith

Phone: 757-953-7547

Email: peggy.klingensmith@med.navy.mil

PROMPT PAYMENT

For Prompt Payment Act purposes, this contract is subject to the 7 calendar-day constructive acceptance period.

Provide pricing, F.OB., delivery terms. Also, provide DUNS number, CAGE code and Tax Identification Number (TIN). Award based on best value as determineid by price and technical acceptance.

Include copy of published price list with quote. If published price list is too large to forward with quote, include cover page with effective date and pages for the items on the quote.

Section B - Supplies or Services and Prices

See Section C ofr list of consignment

FFP

itemis and quantities reqired. Provide pricing for each to be provided in the consignment.

FOB: Destination

MILSTRIP: N0018313RQOP018

PURCHASE REQUEST NUMBER: N0018313RQOP018

NET AMT

Section C - Descriptions and Specifications

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Alcon Laboratories, Inc. (hereinafter “vendor”) agrees to the following terms of Blanket Purchase Agreement (BPA) N00183-03-A-0001 with the Naval Medical Center, Portsmouth, VA (NMCP). Both parties agree to the following terms:

(1) Implant Consignment Agreement. A consignment agreement is an agreement under which a vendor provides an item to the Government with reimbursement to be made if an when the Government uses the item. The parts intend to enter into a consignment agreement with the following terms and conditions:

(a) Vendor will deliver to NMCP and have the following quantities and sizes of intraocular lens implants on hand at NMCP during the consignment period:

(b) Vendor will deliver to NMCP consignment specified products to be used by NMCP. Consignment inventory will not exceed a four month inventory. NMCP may change the type and quantity of products on consignment by written or oral request to Vendor or its authorized representative and after receivingVendor’s approval. The only person authorized to make these changes at NMCP is the Contracting Officer.

(c) The vendor agrees to maintain the specified quantities of products set forth under the schedule at all time during the term of the agreement by promptly replacing like quantities of items that may be used, thus assuring instant availability of all such products specified by this BPA.

(d) Payment for products furnished under this agreement are applicable when such products are used, and

Vendor retains title to the products until implantation. At that time, title will transfer to NMCP and the terms become net 30 days. The balance of the cost of the products used will be due and payable after the use and receipt of a properly executed invoice.

(e) Vendor will replace unopened lenses stocked at NMCP at least three (3) months prior to expiration of

Lenses upon return to vendor by NMCP.

(f) All items furnished under this consignment arrangement remain the property of the Vendor and NMCP assumes no responsibility for such items until such time as the requirement for an intraocular lens arises. NMCP will issue a BPA call for estimated monthly lens usage and all lenses used during a monthly period will be chargeable to the BPA call issued for the applicable month.

(g) NMCP may terminate agreement in whole or in part by providing 30 days written notice to Vendor, without additional cost to the Government. When so directed, the Vendor shall remove all unused products furnished for stock at NMCP immediately upon termination of the agreement. Such termination will be at no additional cost the Government except that NMCP will be billed for any shortages of the consignment inventory at the current prices. Vendor may terminate agreement by providing 30 days written notice to NMCP, without additional cost to the Government except as stated above.

(h) The Vendor shall replace all damaged and defective products. The Vendor’s liability is expressly limited to the replacement of goods damaged as a result of shipping or goods with manufacturing defects.

(i) The Vendor and NMCP agree to comply with all applicable state and federal laws, rules, and regulations that pertain to the use of these products.

(j) NMCP shall be responsible for all lost or damaged products that occur while in their possession. NMCP will be responsible for all shortages of consignment stock.

(k) It shall be the responsibility of NMCP to immediately notify the Vendor when an item is used, provide the size and model number, and furnish an appropriate call number covering the purchase of the stock used.

(l) Upon receipt of notification by NMCP of the use an item, the vendor will make appropriate arrangements to promptly replace with an item of same size and model. Delivery of replacement products to maintain specified stock quantities is required within (3) business days after the time of receipt of notification by NMCP to the Vendor. If overnight shipment of the replacement lens is required, NMCP will notify Vendor of requirement. NMCP is responsible for all shipping charges.

(m) The original consignment inventory will be shipped prepaid. NMCP will pay all shipping charges associated with replacement lenses. All claims for shortages, shipping errors, lost, stolen or damaged lenses must be made to Vendor within thirty days of shipment.

(n) While title to consignment lenses will remain with Vendor until implantation, NMCP assumes total responsibility for the safe storage of the consignment and agrees to be responsible for the quantity and value of consigned lenses. NMCP will be responsible for the replacement cost incurred by Vendor as the result of damage to or loss of consignment lenses due to negligence, errors, or omissions of NMCP while the lenses are in the custody and control of NMCP. As lenses are replaced in during the consignment, it is understood that the consignment may not be the actual lenses originally supplied.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

Section F - Deliveries or Performance

DELIVERY INFORMATION

31-DEC-2017

RECEIVING OFFICER

54 LEWIS MINOR STREET

BLDG. 250

PORTSMOUTH VA 23708-2297

757-953-5770

FOB: Destination N00183

Section G - Contract Administration Data

Section H - Special Contract Requirements

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INFORMATION ONLY: This document has been designated for posting to the Navy Electronic Commerce Online (NECO) at http://www.neco.navy.mil

Section I - Contract Clauses

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Section K - Representations, Certifications and Other Statements of Offerors

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