RFQ 36C25723Q1133.pdf

PAGE 1 OF 1. REQUISITION NO.

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

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

TIME

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

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

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

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

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

SEE ADDENDUM

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

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

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

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

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

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

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

549-23-3-068-0022

36C25723Q1133 07-12-2023

Shantelle Mayfield 210-694-6330 07-24-2023 10:00

36C671 Department Of Veterans Affairs Network Contracting Office 17

5441 Babcock Road Ste. 302 San Antonio TX 78240

X

325412

1300 Employees

N/A

X

Department of Veterans Affairs North Texas Veterans Health Care System Attn: Nuclear Medicine 4500 South Lancaster Road Dallas TX 75216

36C671

Department Of Veterans Affairs Network Contracting Office 17

This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.

(877) 353-9791 (512) 460-5540

See CONTINUATION Page

This solicitation is for a 5-year (Base + 4 OYs) IDIQ for General Radiopharmaceuticals for the North Texas Veterans Healthcare System. Only Nuclear Pharmacies that can provide radiopharmaceuticals in a timely manner will be considered.

RFQ Closes on: 07/24/2023 at 10AM EST.

Quotes must be submitted via email to the Contracting Officer at shantelle.mayfield@va.gov.

$0.00 See CONTINUATION Page

X X

Shantelle Mayfield Contracting Officer

36C25723Q1133

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PERFORMANCE WORK STATEMENT

1.1. Scope

1.2.1. Delivery of all radiopharmaceuticals and medications necessary for patient care in General Radiopharmaceuticals in the Nuclear Medicine Service

1.3.1. Deliveries. Routine, add-on routine and emergency/STAT daily deliveries and documentation shall be provided by the Contractor 1.4.1

1.5. Radiopharmacy Licensing

Deliveries. Routine, add-on routine and emergency/STAT daily deliveries and documentation shall be provided by the Contractor Radiopharmaceuticals

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

B.4 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAR 2023)

C.3 52.216-18 ORDERING (AUG 2020)

C.4 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.6 52.217-7 OPTION FOR INCREASED QUANTITY—SEPARATELY PRICED LINE

ITEM (MAR 1989)

C.7 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

C.8 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.9 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023)

C.10 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-

OWNED SMALL BUSINESS EVALUATION FACTORS (JAN 2023) (DEVIATION)

C.11 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)

C.12 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

C.13 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) . 32

C.14 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

C.15 MANDATORY WRITTEN DISCLOSURES

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

1998)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.4 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

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

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

E.8 VAAR 852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL (MAY 2020)

E.9 VAAR 852.215-72 NOTICE OF INTENT TO RE-SOLICIT (OCT 2019)

E.10 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE

RESOLUTION (OCT 2018)

E.11 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.12 VAAR 852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY

ACCESSIBILITY NOTICE (FEB 2023)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C257 Shantelle Mayfield

Department Of Veterans Affairs

Network Contracting Office 17

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[X] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Upon receipt and acceptance.

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

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

AMENDMENT NO DATE

B.2 PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

Section I – Description of Services

1.1. Scope

1.1.1. Contractor agrees to provide all needed radiopharmaceuticals as identified as the General Radiopharmaceuticals to the Nuclear Medicine, North Texas Veterans Health Care System (NTVHCS – Dallas/ Fort Worth), on a daily and/or as needed basis per this PWS.

The Radiopharmaceuticals and medications are listed below in B.3 as well as on Attachment A – Pricing Spreadsheet.

1.2. Estimated Workload

1.2.1. Delivery of all radiopharmaceuticals and medications necessary for patient care in General Radiopharmaceuticals in the Nuclear Medicine Service. NTVHCS Radiopharmaceuticals Annual Estimated Usage provides a list and quantities of essential and optional medications that may be delivered per the Deliverables and Acceptance Criteria.

1.3. Requested Services

1.3.1. Deliveries. Routine, add-on routine and emergency/STAT daily deliveries and documentation shall be provided by the Contractor. The Contractor shall contact the Contracting Officer Representative (COR) or nuclear medicine representative with any order/delivery concerns.

1.3.2. Lead Shielding. Deliveries for NTVHCS- Dallas/ Fort Worth will incorporate sufficient lead or other high-density metal shielding to comply with all applicable federal and/or state standards and regulations relating to shipment of radioactive materials.

Shipping containers must comply with all federal and state regulations. This will include Department of Transportation (DOT), Department of Energy (DOE), and Nuclear Regulatory Commission (NRC), and/or agreement state licensure. The level of non-fixed contamination on the external surfaces of each package must be in accordance with 49 CFR 173.443 and may not exceed the limits set forth in Table 9 of that standard.

1.3.3. Non-Highly Enriched Uranium (LEU) Sources. The contractor for the VA radiopharmaceuticals must be able to produce medical grade radioisotopes from preferentially procured non-Highly Enriched Uranium-235 (non-HEU), also known as Low Enriched Uranium-235 (LEU) sources. In accordance with the VA Memorandum dated January 3, 2014, and signed by Under Secretary for Health, the Department of Veterans (VA) will preferentially procure medical radioisotopes from non-High Enriched

Uranium (non-HEU) sources. A request has been made to VHA by the Interagency Policy Committee of the White House to preferentially procure Technetium-99m (Tc- 99m), the primary radioisotope used in medical diagnosis, produced from non-HEU sources. The reason for this request is that transportation and storage of HEU by radioisotope vendors may be a security and nuclear proliferation risk. Also, the enactment in January 2013 of the American Medical Isotopes Production Act of 2011 supports creation of domestic production with the goal of reducing U.S. dependence on foreign sources of medical radioisotopes.

1.3.4. Radioactive Waste. All used radioactive waste syringes and/or vials of acceptable radiopharmaceuticals will be transferred back to the Contractor. All such radioactive waste shall be returned (picked-up) by the next working day. The contractor shall supply the “secure system” for the prevention of biohazard and radioactive contamination of reusable lead container.

1.3.5. Material Safety Data Sheets. The Contractor must provide current material safety data sheets (MSDS) in a binder and updates as necessary on all delivered products or the contractor must provide their website link where MSDS and package inserts for all radiopharmaceuticals can be read and printed.

1.3.6. Radiopharmaceuticals. The Contractor/licensee will deliver radioisotope in an amount greater than or equal to the activity ordered with calibration for the specified appointment time so that patient administered quantity is within regulatory limits of the prescribed dose. All routine radiopharmaceutical dose deliveries must occur >30 minutes prior to the calibration time.

1.3.6.1 Calibration time for each requested radiopharmaceutical will be specified with each order or will be spelled out in the requirements provided by the NTVHCS Nuclear Medicine service.

1.3.6.2 The expiration date and time shall be indicated and affixed to each product as noted below; in general:

• Ready-to-use doses: not shorter than six (6) hours.

• Tc-99m pertechnetate: Not shorter than twelve (12) hours.

• Kits intended for reconstitution by user: Not shorter than three (3) months from date of delivery.

• Unused kits having expiration time not less than two (2) weeks will be exchanged by the Contractor at no additional charge for a comparable kit having the three (3) months life span.

The label affixed to each syringe, vial, or other container used to hold a radioactive drug to be transferred for commercial distribution. The label must include the radiation symbol and the words "CAUTION, RADIOACTIVE MATERIAL" or "DANGER, RADIOACTIVE MATERIAL" and an identifier that ensures that the syringe, vial, or other container can be correlated with the information on the transport radiation shield label.

1.3.7 All packages containing radioactive material must be labeled and shipped in accordance with Title 49, Code of Federal Regulations Part 172 and 173.

1.3.8. Contractor/supplier shall abide by Title 10, Code of Federal Regulation, which states: A Licensee may use for medical purposes only:

(a) By-product material or cyclotron produced materials manufactured, labeled, packaged and distributed in accordance with a license issued pursuant to the regulations in Title 10, Code of Federal Regulations, Part 35 and/or the equivalent regulations of an Agreement State.

(b) Reagent kit that has been manufactured, labeled, packed and distributed in accordance with approval by the Commission pursuant to Title 10 CFR 32.72 or an Agreement State under equivalent regulations for the preparation of radiopharmaceuticals for medical use.

1.3.9. Software. The Contractor must provide compatible software to allow for scanning by a Barcode reader using existing “Nuclear Management Information System” software at NTVHCS. A letter confirming this requirement must be submitted with the quote.

1.3.10. Instrument Calibrations. The Contractor must provide instrument calibration/testing for dose calibrators, wipe counters, and probe/well. Testing must include Accuracy, Geometry, Linearity, and annual or as needed calibrations.

1.3.11. Contractor will utilize only FDA approved products and sources for those products, unless otherwise mutually agreed upon in the context of compassionate care or IRB approved research. Pricing will be based upon a unit dose price per quantity of doses ordered with no other fees or surcharges. A tiered pricing structure with lower cost per increased quantity used is preferred.

1.4. Quality Control (QC)

1.4.1. The objective of QC is to ensure that the medication or radiopharmaceutical passes all required testing to ensure that it is a quality product and safe for patient use.

The Contractor shall perform all QC’s IAW the manufacturer/governing body specifications, the approved QC instructions and schedule.

1.4.2. QC Instructions. Using applicable manufacturer’s specifications, standard industry practices and this PWS, the Contractor must test all products for Quality Control and only those products that pass quality control may be sent to the NTVHCS.

This testing shall be performed at no cost to the VA. The contractor will provide a detailed description of the test upon request.

1.4.2.1. In the event that a quality control or material defect is suspected and/or detected by any NTVHCS staff Nuclear Medicine Technologist or staff Nuclear Medicine Physician, or qualified personnel from the NTVHCS Radiation Safety Office, the Contracting Officer Representative (COR) for this contract will notify the Contractor and request the Contractor to provide any consultation necessary to alleviate any said suspicion and/or defect by the following:

• Provide technical expertise in calibration.

• Provide professional examination of product; submit results and recommendations to the Contacting Officer.

• Make expedient replacement of any product suspected of being deficient.

1.4.2.3 Deliveries for NTVHCS- Dallas/ Fort Worth will incorporate sufficient lead or other high-density metal shielding to comply with all applicable federal and/or state standards and regulations relating to shipment of radioactive materials. Shipping containers must comply with all federal and state regulations. This will include Department of Transportation (DOT), Department of Energy (DOE), and Nuclear Regulatory Commission (NRC), and/or agreement state licensure. The level of non-fixed contamination on the external surfaces of each package must be in accordance with 49 CFR 173.443 and may not exceed the limits set forth in Table 9 of that standard.

1.5. Radiopharmacy Licensing

1.5.1. The Contractor shall hold a current unrevoked US Nuclear Regulatory Commission (NRC) and /or agreement state Radioactive Material License (RAM) and applicable Food and Drug Administration (FDA) license to produce and distribute radiopharmaceuticals for human administration, and applicable RAM license to receive, and dispose of radioactive waste.

1.5.2. Contractor shall immediately notify the Contracting Officer and the Nuclear Medicine Service at NTVHCS- Dallas/ Fort Worth, upon any action by the NRC and/or FDA to suspend or modify contractor.

1.6. Radiopharmaceutical/Medication Evaluations

1.6.1. The Contractor shall allow a minimum 10% radioisotope returns for all contracted radiopharmaceuticals due to patient cancellation, no show, and/or rescheduling at no cost to the facility. In addition, the Contractor shall accept returns for full credit toward future orders under the following conditions:

• Product(s) ordered or shipped in error.

• Product(s) damaged in shipment

• Concealed shipping damages

• Recalled product(s)

• Outdated products in unopened, original container.

1.6.2. Upon request by NTVHCS/Radiation Safety Officer, the Contractor shall provide a copy/reports of contractor’s Radiation Safety Officer (RSO) Safety Audits of Federal Compliance.

1.7. Authorizations for Access

1.7.1. The Contractor will provide updated lists of delivery personnel who will sign in with NTVHCS- Dallas/ Fort Worth Nuclear Medicine Service staff upon each delivery of radiotracer and follow all relevant policies and procedures in place at NTVHCS facilities/Nuclear Medicine Service. Compliance with all applicable regulatory bodies, including FDA and TX/US DOT is required.

1.7.2. Delivery personnel must be escorted at all times within facility ‘Controlled areas’/Nuclear Medicine Service, as per Joint Commission and NRC/regulatory requirements.

1.8. Deliverables and Acceptance Criteria

1.8.1. The Contractor shall provide services and staff, and otherwise do all things necessary for or incidental to the performance of work, as set forth below:

1.8.1.2. All NTVHCS general nuclear medicine orders will be delivered directly to the Nuclear Medicine departments at the following locations:

1. Dallas:

4500 South Lancaster Road Nuclear Medicine Service, Building 2J, Rm 3B-623 Dallas, TX 75216

2. FWOPC:

Nuclear Medicine Service, Specialty Clinic, Room 1N-234 SE Loop 820, Fort Worth, TX 76119

General Radiopharmaceuticals will be delivered directly to the VANTCHS Nuclear Medicine Service Radio-pharmacy. A Technologist will be at location to receive the materials requested.

1.8.1.3. All orders shall be placed by authorized VA personnel during VA normal business hours throughout the workday. The Contractor will be furnished the name(s) of VA personnel that are authorized to place orders against the Contract and will provide appropriate personnel and contact information for staff receiving orders, able to offer technical or administrative support, as well as staff involved in radiopharmaceutical delivery in accordance with VA Radiation Safety Office requirements. Orders shall only be placed by authorized NTVHCS Nuclear Medicine Service personnel via telephone, fax, e-mail, or via an approved, secure, online ordering system. For electronic ordering systems, a closed-loop communication process such as confirmation e-mails is preferred.

1.8.1.4. Deliveries: Depending upon changing Medical Center/Facility patient care requirements, the Contractor may be required to provide routine delivery and pick-up, multiple times (>3 times) throughout the day.

Delivery orders, or the electronic ordering system, shall include the following:

• Contract item(s) and quantity

• Time(s) of delivery

• Applicable VA purchase order number must always be identified for current contract.

1.8.1.5. The Contractor will deliver 1st run at 6:30am. First run deliveries that arrive after 7:00 am will be considered late. Late deliveries will delay patient care and possibly result in the need to reschedule. Note that the NTVHCS facility in Dallas provides both inpatient and outpatient care and is the tertiary VA Medical Center for the North Texas area. Additional radiopharmaceutical delivery may be required based upon clinical schedule, including emergency/STAT deliveries, at no additional cost. STAT delivery times during routine business hours should not exceed 60 minutes from time the radiopharmaceutical order is placed, and 90 minutes afterhours and holidays. All other add-on deliveries, including radiolabeled blood products, should not exceed 120 minutes. Doses that cannot be used, due to decay or rescheduling, will be credited and/or replaced. If the dose is replaced, there will be no delivery fee and will not be counted as a scheduled delivery.

1.8.1.6 The Contractor will ensure that all shipments will have a Packing Slip enclosed, giving information about the product and its identification, plus (for billing purposes) the NTVHCS Purchase Order Number issued for the current contract, and possibly the Contractor’s invoice number. (Incorrect P.O. numbers may cause a substantial delay in payments.)

1.8.1.7. The Contractor must understand the limitations of the Nuclear Medicine Service at NTVHCS due to Radiation Safety in regard to storage and making radioactive kits for multiple use: Deliveries must only contain unit dose orders placed by authorized VA personnel.

• Multi-use radioactive kits/vials are not authorized

• Doses for ‘possible add-on patients’ and/or bulk doses are not authorized

1.8.1.8. Contractor/licensee shall have available an adequate supply of contracted products to meet the requirements of the VA North Texas Healthcare System with proof of contingency supply chain to prevent disruption of clinical care. Should the vendor’s ability to supply product from the applicable pharmacy be limited for any reason the vendor shall notify the Customer of any limitations on the delivery times and dates that may affect its ability to supply Product when requested.

1.9. Hours of Operation

1.9.1. Normal operating days and hours for this requirement are Monday through Friday, from 0630 hours to 1630 hours and Saturdays 700 hours to 11:00 hours. These dates and hours exclude Federal Holidays, facility closures due to inclement weather and Furlough Days, as applicable.

1.9.2 Although infrequent, emergency orders for this requirement will include all hours and days outside of normal operating hours.

1.10. Contractor Personnel

1.10.1. The Contractor shall provide the name of the Contract Manager (CM) and any alternate(s) who shall act for the Contractor when the manager is absent and they shall be designated in writing to the CO and COR within five (5) business days after contract award. The Contractor shall provide telephone numbers and email addresses of the CM and alternate(s) where these persons may be contacted at any time. The CM and any designated alternates shall have authority to provide necessary assets (i.e.

information, personnel or equipment, etc.) in order to respond to emergencies and contingencies. The CM or alternate shall have full authority to act for the Contractor on all matters relating to operation of this contract at NTVHCS. The CM or alternate shall be available to meet on the NTVHCS installation with VA personnel designated by the CO to discuss problem areas. The Contractor shall provide a CM who can read, write, speak and understand English fluently.

1.10.2. The Contractor and Contractor personnel shall be required to identify themselves as Contractor personnel by introducing themselves or being introduced as Contractor personnel and displaying distinguishing badges or other visible identification for meetings with NTVHCS personnel. The Contractor and Contractor personnel shall identify themselves as Contractor employees in telephone conversations and in formal and informal written correspondence.

1.11. Listing of Contractor Employees

1.11.1. The Contractor shall provide an initial listing of Contractor employees’ names and position titles to the COR within five (5) business days after contract award. The Contractor shall also provide an updated listing of personnel to the COR when employees affecting the work of this contract, status changes or position changes within five (5) business days.

1.11.2. The Contractor shall not employ persons on this contract if such employee is identified to the Contractor as a potential threat to the health, safety, security and/or general well-being of the installation and its population. The Contractor shall be prohibited from employing off-duty CORs who are providing surveillance on any contracts/subcontracts awarded to the Contractor. All contract personnel depending on particular condition, occasion or place or job assignment shall require professional, suitable attire. All Contractor personnel shall conduct themselves in a professional, courteous manner. The Contractor shall employ and maintain a technically trained and experienced work force.

1.12. Environmental Protection & Safety

1.12.1. The Contractor shall be knowledgeable of and comply with all applicable federal, state and local laws, regulations, instructions and requirements regarding radiation safety, environmental protection and occupational safety and health. The Contractor shall comply with any laws, instructions or regulation changes during the term of this contract.

1.12.2. Radioactive Waste. The Contractor shall dispose of acceptable radioactive waste syringes and/or vials. The Contractor shall notify the COR of any such radioactivity deemed ‘unacceptable for return’ within five (5) business days after the contract is awarded.

1.13. Privately Owned Motor Vehicles (POV)

1.13.1. Contractor personnel shall comply with the directives pertaining to operation of POVs on NTVHCS Motor Vehicle Traffic. The Contractor shall comply with NTVHCS (in its entirety) for the operation of POVs within NTVHCS.

1.14. Health and Safety on Government Installations

1.14.1. While performing work under this contract on NTVHCS installation, the Contractor shall comply with federal, state and local regulations and NTVHCS Occupational Safety Instructions. The Contractor shall notify the CO of damage to Government property or equipment during the execution of the contract.

1.15. Emergency Procedures

1.1.1. The Contractor personnel shall follow the direction of the NTVHCS personnel in regard to emergency procedures, i.e. fire, tornado, active shooter, bomb threats, etc. It is the responsibility of the Contractor to provide guidance and establish procedures for responding to an emergency for their employees. It is the Contractor’s responsibility to account for their employees following an emergency evacuation.

1.16. Contractor Billing/Invoicing

1.16.1. The Contractor shall follow all CO guidelines for billing/invoicing through Tungsten and must include current PO on all invoices. The contractor shall provide billing/invoicing monthly, from the 1st of the month through the last day of the month. All billing/invoice statements must also include an itemized listing of all items delivered per day.

1.16.2. All billing/invoices must also be sent to the COR for approval.

1171. Term of Contract

1.17.1. The period of performance will be:

• Base year: 1 August 2023 through 31 July 2024

• Opt Year 1: 1 August 2024 through 31 July 2025

• Opt Year 2: 1 August 2025 through 31 July 2026

• Opt Year 3: 1 August 2026 through 31 July 2027

• Opt Year 4: 1 August 2027 through 31 July 2028

2. Quality Assurance Surveillance Plan (QASP)

The Contractor shall be aware that in the absence of any contract requirement from the Service Summary (SS) does not detract from its enforceability nor limit the rights or remedies of the Government under any other provision of the contract. The Contractor shall ensure the following SS requirements are accomplished:

SS PERFORMANCE OBJECTIVE PWS

PARA.

PERFORMANCE

THRESHOLD

SS

Deliveries. Routine, add-on routine and emergency/STAT daily deliveries and documentation shall be provided by the Contractor. The Contractor shall contact the Contracting Officer Representative (COR) or nuclear medicine representative order/delivery concerns. The Contractor must provide and guarantee delivery times (with the exception for uncontrollable circumstances such as a natural disaster) for routine orders, same day routine orders, and same day Emergency/STAT orders before contract award and maintain those times throughout the entirety of the contract. Delivery times should be under three (3) hours for STAT Orders and under two (2) hours for Emergency Orders. The Contracting Officer will verify delivery times by calculating the drive time between the radiopharmacy address to VA Medical Center address by utilizing Google Maps or similar program. The calculation will be based on the busiest time of the day.

1.3.1.

1.3.1.1.

100% Compliance

SS

Lead Shielding. Deliveries for NTVHCS- Dallas/ Fort Worth will incorporate sufficient lead or other high-density metal shielding to comply with all applicable federal and/or state standards and regulations relating to shipment of radioactive materials. Shipping containers must comply with all federal and state regulations. This will include Department of Transportation (DOT), Department of Energy (DOE), and Nuclear Regulatory Commission (NRC), and/or agreement state licensure. The level of non-fixed contamination on the external surfaces of each package must be in accordance with 49 CFR 173.443 and may not exceed the limits set forth in Table 9 of that standard.

1.3.2. 100% Compliance

SS

Non-Highly Enriched Uranium (LEU) Sources.

The contractor for the VA radiopharmaceuticals must be able to produce medical grade radioisotopes from preferentially procured non- Highly Enriched Uranium-235 (LEU) sources. In accordance with the VA Memorandum dated January 3, 2014, and signed by Under Secretary for Health, the Department of Veterans (VA) will preferentially procure medical radioisotopes from non-High Enriched Uranium (LEU) sources. A request has been made to VHA by the Interagency Policy Committee of the White House to preferentially procure Technetium-99m (Tc-99m), the primary radioisotope used in medical diagnosis, produced from non-HEU sources. The reason for this request is that transportation and storage of HEU by radioisotope vendors may be a security and nuclear proliferation risk. Also, the enactment in January 2013 of the American Medical Isotopes Production Act of 2011 supports creation of domestic production with the goal of reducing U.S. dependence on foreign sources of medical radioisotopes.

1.3.3.

100%

SS

Radioactive Waste. All used radioactive waste syringes and/or vials of acceptable radiopharmaceuticals will be transferred back to the Contractor. All such radioactive waste shall be returned (picked-up) the next working day.

The contractor shall supply the “secure system” for the prevention of biohazard and radioactive contamination of reusable lead container.

1.3.4. 100% Compliance

SS

Material Safety Data Sheets. The Contractor must provide current material safety data sheets (MSDS) in a binder and updates as necessary on all delivered products or the contractor must provide their website link where MSDS and package inserts for all radiopharmaceuticals can be read and printed.

1.3.5.

100%

SS

Radiopharmaceuticals. The Contractor must ensure the quantity of radioactivity for supplied radiopharmaceuticals will not deviate more than +10% or -5% at the time of calibration, from the quantities specified.

Calibration time for each requested radiopharmaceutical will be specified with each order or will be spelled out in the requirements provided by the NTVHCS Nuclear Medicine service. The expiration date and time shall be indicated and affixed to each product as noted below; in general:

Ready-to-use doses: not shorter than six (6) hours.

Tc-99m pertechnetate: Not shorter than twelve

(12) hours.

Kits intended for reconstitution by user: Not shorter than three (3) months from date of delivery.

Unused kits having expiration time not less than two (2) weeks will be exchanged by the Contractor at no additional charge for a comparable kit having the three (3) months life span.

1.3.6.

1.3.6.1.

1.3.6.2.

100% Compliance

SS

Software. The Contractor must provide compatible software to allow for scanning by a Barcode reader using existing “Nuclear Management Information System” software at

NTVHCS.

1.3.7. 100% Compliance

SS

Instrument Calibrations. The Contractor must provide instrument calibration/testing for dose calibrators, wipe counters, and probe/well.

Testing must include Accuracy, Geometry, Linearity, and annual or as needed calibrations.

1.3.8. 100%

SS

QC Instructions. Using applicable manufacturer’s specifications, standard industry practices and this PWS, the Contractor must test all products for Quality Control and only those products that pass quality control may be sent to the NTVHCS. This testing shall be performed at no cost to the VA. The contractor will provide a detailed description of the test upon request.

The Contractor must provide a copy of their laboratory’s current quality control manual and must be willing to discuss any discrepancies in lab results, which do not fit the clinical picture.

In the event that a quality control or material defect is suspected and/or detected by any NTVHCS staff Nuclear Medicine Technologist or staff Nuclear Medicine Physician, or qualified personnel from the NTVHCS Radiation Safety Office, the Contracting Officer Representative (COR) for this contract will notify the Contractor and request the Contractor to provide any consultation necessary to alleviate any said suspicion and/or defect by the following:

Provide technical expertise in calibration.

Provide professional examination of product;

submit results and recommendations to the Contacting Officer.

Make expedient replacement of any product suspected of being deficient.

1.4.1.

1.4.2.1.

1.4.2.2.

100% Compliance

SS

The Contractor shall hold a current unrevoked US Nuclear Regulatory Commission (NRC) and /or agreement state Radioactive Material License (RAM) and applicable Food and Drug Administration (FDA) license to produce and distribute radiopharmaceuticals for human administration, and applicable RAM license to receive, and dispose of radioactive waste.

1.5.1. 100%

B.3 PRICE/COST SCHEDULE

MINIMUM CONTRACT VALUE: $50,000.00

MAXIMUM CONTRACT CEILING: $6,750,000.00

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 EA ____________ ______________

Radiopharmaceuticals for Nuclear Medicine Department

Ordering Period 1 Contract Period: Base POP Begin: 08-01-2023 POP End: 07-31-2024 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6505 - Drugs and Biologicals

Ordering Period 2 Contract Period: Option 1 POP Begin: 08-01-2024 POP End: 07-31-2025 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Ordering Period 3 Contract Period: Option 2 POP Begin: 08-01-2025 POP End: 07-31-2026 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Ordering Period 4 Contract Period: Option 3 POP Begin: 08-01-2026 POP End: 07-31-2027 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Ordering Period 5 Contract Period: Option 4 POP Begin: 08-01-2027 POP End: 07-31-2028 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

GRAND

TOTAL

B.4 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY DELIVERY DATE

0001-4001 SHIP

TO:

Department of Veterans Affairs North Texas VA Health Care System 4500 South Lancaster Road Dallas, TX 75216 United States

1.00 08/01/2023 to 07/31/2028

MARK

FOR:

Nuclear Medicine POC: Sussie DeMello 214-857-0132 sussie.demello@va.gov

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES

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

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

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

FAR

Number

Title Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

JUN 2020

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON

POSTCONSUMER FIBER CONTENT PAPER

MAY 2011

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

JAN 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

MAR 2023

(End of Addendum to 52.212-4)

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

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (MAR 2023)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L.

115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[X] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

[X] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C.

3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved]

[] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

[X] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

[] (10) [Reserved]

[] (11) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

[X] (12) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (13) [Reserved]

[] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-6.

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[X] (16) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219–9, Small Business Subcontracting Plan (OCT 2022) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (JUN 2020) of 52.219–9.

[] (v) Alternate IV (SEP 2021) of 52.219–9.

[] (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (ii) Alternate I (MAR 2020) of 52.219-13.

[] (19) 52.219–14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C.

637(d)(4)(F)(i)).

[] (21) 52.219–27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C. 657f).

[X] (22) (i) 52.219–28, Post-Award Small Business Program Rerepresentation (MAR 2023) (15 U.S.C. 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219–28.

[] (23) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

[] (24) 52.219–30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

[] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[] (26) l(26) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

[] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[X] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (DEC 2022) (E.O. 13126).

[X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (30)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (ii) Alternate I (FEB 1999) of 52.222-26.

[X] (31)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[] (ii) Alternate I (JULY 2014) of 52.222-35.

[X] (32)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.

793).

[] (ii) Alternate I (JULY 2014) of 52.222-36.

[X] (33) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[X] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010) (E.O. 13496).

[X] (35)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[] (36) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

[] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[] (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (OCT 2015) of 52.223-13.

[] (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-14.

[] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C.

8259b).

[] (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (44) 52.223–18, Encouraging Contractor Policies to Ban Text Messaging While Driving

(JUN 2020) (E.O. 13513).

[] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[] (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[] (ii) Alternate I (JAN 2017) of 52.224-3.

[] (48)(i) 52.225-1, Buy American—Supplies (OCT 2022) (41 U.S.C. chapter 83).

[] (ii) Alternate I (OCT 2022) of 52.225–1.

[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (DEC 2022) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108- 302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate I [Reserved].

[] (iii) Alternate II (DEC 2022) of 52.225-3.

[] (iv) Alternate III (JAN 2021) of 52.225-3.

[] (v) Alternate IV (OCT 2022) of 52.225-3.

[X] (50) 52.225–5, Trade Agreements (DEC 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (52) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

[] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

[] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[X] (55) 52.229–12, Tax on Certain Foreign Procurements (FEB 2021).

[] (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

[] (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services

(NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

[X] (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

[] (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[X] (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[] (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C.

637(d)(13)).

[] (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

[] (ii) Alternate I (Apr 2003) of 52.247-64.

[] (iii) Alternate II (NOV 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026

(JAN 2022).

[] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

[] (9) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract.