S02- 36C26226R0044.pdf
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- Solicitation number
- 36C26226R0044
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This is a Solicitation/Contract/Order for Commercial Products and Commercial Services (SF 1449) issued by the Department of Veterans Affairs Network Contracting Office 22 for Intra-Operative Neurophysiological Monitoring Services (IONMS) at the Southern Arizona VA Healthcare System (SAVAHCS). The solicitation number is 36C26226R0044, with an offer due date of February 9, 2026 at 12:00 PM PST and an award/effective date of January 23, 2026. This is a total set-aside for certified Service-Disabled Veteran-Owned Small Businesses (SDVOSB) with a NAICS code of 621111 and an estimated contract value of $16 million. The contract is structured as a base period (April 1, 2026 through March 31, 2027) plus four one-year options through March 31, 2031, utilizing an Indefinite Quantity (IDIQ) contracting vehicle.
The contractor must provide complete Intra-Operative Neuromonitoring (IONM) services including all equipment, labor, materials, accessories, and supplies to support any surgical operating room at SAVAHCS. Pricing is based on estimated quantities for specific CPT codes including intra-operative monitoring per 15-minute intervals (1,140 units annually), various needle types and electrophysiological tests (ranging from 5 to 44 units annually), and specialized probes and equipment (5 units annually). Performance requirements include Joint Commission accreditation, CNIM certification for surgical neurophysiologists, credentialing and privileging through VHA processes, 24-hour administrative documentation completion, emergency case response within 8 hours, and comprehensive quality assurance reporting to the Surgical Work Group quarterly. The contractor must comply with extensive security, privacy, HIPAA, and VA-specific requirements detailed in Section D.4, and is subject to liquidated damages for data breaches. Invoices shall be submitted monthly in arrears electronically through VA's designated system, with payment by Electronic Funds Transfer.
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| File | Type | Posted |
|---|---|---|
| 36C26226R0044_1.docx | DOCX document | |
| Attachment 2- QUALITY ASSURANCE SURVEILLENCE PLAN - IONM.pdf | ||
| Attachment 1- Service Delivery Summary.pdf |
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PAGE 1 OF 1. REQUISITION NO.
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL
TIME
9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS:
SIZE STANDARD:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ IFB RFP
15. DELIVER TO CODE 16. ADMINISTERED BY CODE
17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE
TELEPHONE NO. UEI: EFT:
PHONE: FAX:
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED
SEE ADDENDUM
19. 20. 21. 22. 23. 24.
ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)
PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212
7. FOR SOLICITATION
INFORMATION CALL:
STANDARD FORM 1449
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
36C26226R0044 01-23-2026
Trudeau, Danielle 562-766-2247 02-09-2026
12:00 PST
36C262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815
X 100
X
621111
$16 Million
N/A
36C678
Department of Veterans Affairs Southern Arizona VA Healthcare System 3601 S. 6th Avenue
Tucson AZ 85723
36C262
Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815
Department of Veterans Affairs Financial Services Center Contractor shall bill in arrears to:
Tungsten Network
See CONTINUATION Page
Intra-Operative Neurophysiological Monitoring Service (IONMS for the Southern Arizona VA Healthcare System (SAVAHCS)
See statement of work for details
See CONTINUATION Page
X 1
Danielle Trudeau Contracting Officer
36C26226R0044
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 SCHEDULE OF SERVICES AND PRICING
B.3 PERFORMANCE WORK STATEMENT (PWS)
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS
AND COMMERCIAL SERVICES (NOV 2023)
C.2 52.216-18 ORDERING (AUG 2020)
C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)
C.4 52.216-22 INDEFINITE QUANTITY (DEVIATION) (NOV 2025)
C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
C.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 35
C.7 SUPPLEMENTAL INSURANCE REQUIREMENTS
C.8 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)
(DEVIATION)
C.9 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED
SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)
(DEVIATION)
C.10 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—
CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)
(DEVIATION)
C.11 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS
(NOV 2018)
C.12 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) . 52
C.13 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
C.14 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (OCT 2025) (DEVIATION FEB 2025)
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
D.1 Service Delivery Summary D.2 Performance Metrics Attachment D.3 Wage Determination
D.4 IT CONTRACT SECURITY
SECTION E - SOLICITATION PROVISIONS
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (SEP 2023)
E.3 52.216-1 TYPE OF CONTRACT (DEVIATION) (NOV 2025)
E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)
E.5 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)
E.6 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS
AND CERTIFICATIONS (NOV 2025) (DEVIATION)
E.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB
1998)
E.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—
COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION
FEB 2025)
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, Danielle Trudeau
Department of Veterans Affairs
Network Contracting Office 22
4811 Airport Plaza Drive
Suite 600
Long Beach CA 90815
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or
[] 52.232-36, Payment by Third Party
3. INVOICES: Invoices shall be submitted in arrears:
a. Quarterly []
b. Semi-Annually []
c. Other [X] Monthly
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.
5. ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
AMENDMENT NO DATE
6. UNIQUE ENTITY IDENTIFER (UEI) NUMBER: In accordance with FAR Provision 52.212-1 paragraph (j), please provide the System for Award Management (SAM) UEI Number assigned to your firm in the space provided below:
UEI# ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____
B.2 SCHEDULE OF SERVICES AND PRICING
Contractor’s price shall include all equipment, labor, materials, accessories, and supplies necessary for a Complete Intra-Operative Neuromonitoring (IONM) Service that can support any of the SAVAHCS surgical operating rooms in the facility.
This solicitation is for a base plus four (4) one (1) year options contract for the Southern Arizona VA Health Care System (SAVAHCS).
Quantities are estimates ONLY. This is an IDIQ contract. Stated contract minimum(s) are the only guaranteed quantities. The guaranteed minimum on any option period is only guaranteed if the option is exercised. Ordering procedures and order minimum and maximum can be found at C.3 (52.216-19). Invoices and payments will be based on the minimum or actual quantity, whichever is greater. Task orders will be issued/funded separately from the base contract or any subsequent option years.
ITEM INFORMATION
ITEM
NUMBER
DESCRIPTION OF
SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
1,140.00 UN __________________ __________________
Intra-operative Monitoring (per 15 Mins) / G0453 - per 15 minutes Contract Period: Base POP Begin: 04-01-2026 POP End: 03-31-2027
LOCAL STOCK NUMBER: G0453
17.00 EA __________________ __________________
Needle x1 Extremity / 95860 Contract Period: Base POP Begin: 04-01-2026
LOCAL STOCK NUMBER: 95860
44.00 EA __________________ __________________
Needle x2 Extremity / 95861 Contract Period: Base POP Begin: 04-01-2026
LOCAL STOCK NUMBER: 95861
Needle x4 Extremities Contract Period: Base POP Begin: 04-01-2026
LOCAL STOCK NUMBER: 95864
Needle EMG Cranial, Unilateral Contract Period: Base POP Begin: 04-01-2026
LOCAL STOCK NUMBER: 95867
Needle EMG Anal/Urethral/Sphincter / 51785 Contract Period: Base POP Begin: 04-01-2026
LOCAL STOCK NUMBER: 51785
12.00 EA __________________ __________________
ABR (AEP Neurodiagnostic I&R) Contract Period: Base POP Begin: 04-01-2026
LOCAL STOCK NUMBER: 92653
VER (Visual Evoked Potential, VEP; Checkerboard or Flash) / 95930 Contract Period: Base POP Begin: 04-01-2026
LOCAL STOCK NUMBER: 95930
SSEP Upper Limbs / 95925 Contract Period: Base POP Begin: 04-01-2026
LOCAL STOCK NUMBER: 95925
SSEP Lower Limbs / 95926 Contract Period: Base POP Begin: 04-01-2026
LOCAL STOCK NUMBER: 95926
39.00 EA __________________ __________________
Trans-Cranial Motor Stimulation-Upper / 95928 Contract Period: Base POP Begin: 04-01-2026
LOCAL STOCK NUMBER: 95928
Trans-Cranial Motor Stimulation-Lower / 95929 Contract Period: Base POP Begin: 04-01-2026
LOCAL STOCK NUMBER: 95929
5.00 EA __________________ __________________
Double 2.3mm Ball Tip Probe 5mm Spacing 80mm Shaft 2m Lead / 10008807 Contract Period: Base POP Begin: 04-01-2026
LOCAL STOCK NUMBER: 10008807
1x4-Contact Platinum Strip w/Attached Cable / 10004628 Contract Period: Base POP Begin: 04-01-2026
LOCAL STOCK NUMBER: 10004628
Multi-Stage Stimulating Clip, 1.83m Lead / 10004931 Contract Period: Base POP Begin: 04-01-2026
LOCAL STOCK NUMBER: 10004931
Contract Period: Option 1 POP Begin: 04-01-2027 POP End: 03-31-2028
Contract Period: Option 1 POP Begin: 04-01-2027
Contract Period: Option 1 POP Begin: 04-01-2027
Contract Period: Option 1 POP Begin: 04-01-2027
Contract Period: Option 1 POP Begin: 04-01-2027
Contract Period: Option 1 POP Begin: 04-01-2027
Contract Period: Option 1 POP Begin: 04-01-2027
VER (Visual Evoked Potential,VEP; Checkerboard or Flash) / 95930 Contract Period: Option 1 POP Begin: 04-01-2027
Contract Period: Option 1 POP Begin: 04-01-2027
Contract Period: Option 1 POP Begin: 04-01-2027
Contract Period: Option 1 POP Begin: 04-01-2027
Contract Period: Option 1 POP Begin: 04-01-2027
10008807 Contract Period: Option 1 POP Begin: 04-01-2027
Contract Period: Option 1 POP Begin: 04-01-2027
Contract Period: Option 1 POP Begin: 04-01-2027
Contract Period: Option 2 POP Begin: 04-01-2028 POP End: 03-31-2029
Contract Period: Option 2 POP Begin: 04-01-2028
Contract Period: Option 2 POP Begin: 04-01-2028
Contract Period: Option 2 POP Begin: 04-01-2028
Contract Period: Option 2 POP Begin: 04-01-2028
Contract Period: Option 2 POP Begin: 04-01-2028
Contract Period: Option 2 POP Begin: 04-01-2028
Contract Period: Option 2 POP Begin: 04-01-2028
Contract Period: Option 2 POP Begin: 04-01-2028
Contract Period: Option 2 POP Begin: 04-01-2028
Contract Period: Option 2 POP Begin: 04-01-2028
Contract Period: Option 2 POP Begin: 04-01-2028
10008807 Contract Period: Option 2 POP Begin: 04-01-2028
Contract Period: Option 2 POP Begin: 04-01-2028
Contract Period: Option 2 POP Begin: 04-01-2028
Contract Period: Option 2 POP Begin: 04-01-2029 POP End: 03-31-2030
Contract Period: Option 3 POP Begin: 04-01-2029
Contract Period: Option 3 POP Begin: 04-01-2029
Contract Period: Option 3 POP Begin: 04-01-2029
Contract Period: Option 3 POP Begin: 04-01-2029
Contract Period: Option 3 POP Begin: 04-01-2029
Contract Period: Option 3 POP Begin: 04-01-2029
Contract Period: Option 3 POP Begin: 04-01-2029
Contract Period: Option 3 POP Begin: 04-01-2029
Contract Period: Option 3 POP Begin: 04-01-2029
Contract Period: Option 3 POP Begin: 04-01-2029
Contract Period: Option 3 POP Begin: 04-01-2029
10008807 Contract Period: Option 3 POP Begin: 04-01-2029
Contract Period: Option 3 POP Begin: 04-02-2029
Contract Period: Option 3 POP Begin: 04-01-2029
Contract Period: Option 4 POP Begin: 04-01-2030 POP End: 03-31-2031
Contract Period: Option 4 POP Begin: 04-01-2030
Contract Period: Option 4 POP Begin: 04-01-2030
Contract Period: Option 4 POP Begin: 04-01-2030
Contract Period: Option 4 POP Begin: 04-01-2030
Contract Period: Option 4 POP Begin: 04-01-2030
Contract Period: Option 4 POP Begin: 04-01-2030
Contract Period: Option 4 POP Begin: 04-01-2030
Contract Period: Option 4 POP Begin: 04-01-2030
Contract Period: Option 4 POP Begin: 04-01-2030
Contract Period: Option 4 POP Begin: 04-01-2030
Contract Period: Option 4 POP Begin: 04-01-2030
10008807 Contract Period: Option 4 POP Begin: 04-01-2030
Contract Period: Option 4 POP Begin: 04-01-2030
Contract Period: Option 4 POP Begin: 04-01-2030
GRAND TOTAL __________________
AGGREGATE TOTALS
Description Total Pricing Base Year: 04/01/2026 – 03/31/2027 $ Option Year 1: 04/01/2027 – 03/31/2028 $ Option Year 2: 04/01/2028 – 03/31/2029 $ Option Year 3: 04/01/2029 – 03/31/2030 $ Option Year 4: 04/01/2030 – 03/31/2031 $ Base Year + Four (4) One (1) Year Option Total $
B.3 PERFORMANCE WORK STATEMENT (PWS)
1.0 BACKGROUND:
The Southern Arizona VA Health Care System (SAVAHCS) located at 3601 S. 6th Ave., Tucson, Arizona, has an ongoing requirement for contractor services to provide Intra-operative Neurophysiological Monitoring Services (IONMS). The provided care shall cover the application and interpretation of various electrophysiological and vascular tests for patients with central and/or peripheral nervous systems and/or vascular systems at risk normally provided in a similar civilian health care facility, in accordance with the specifications and requirements contained herein.
2.0 SCOPE:
The Intra-operative Neurophysiological Monitoring Service described in this contract shall be provided by the contractor subject to overall clinical and technical direction by the Southern Arizona VA Health Care System’s (SAVAHCS) Attending, Neurosurgery and Anesthesiologist Surgical Care Line. The contractor and employees shall have a minimum of 5 years’ experience in IONMS services and shall provide all equipment, labor, materials, accessories, and supplies necessary for a Complete Intraoperative Neuromonitoring (IONM) Service that can support any of the SAVAHCS surgical operating rooms in the facility. Clinical and technical direction of contract employees do not include personnel actions such as hiring, firing or job evaluation for pay purposes. Clinical and technical direction does include monitoring quality of care, assignment of cases and assignment of physician and/or technologist supervision duties.
Further, the SAVAHCS Chief, Surgical Care Line or delegate retains authority to immediately correct any adverse situation potentially affecting the safety of a VA patient.
2.1 Complete Intraoperative Neuromonitoring (IONM) Service
The Contractor shall be capable of providing real-time data; in addition, the Contractor shall provide the most recent technology and hardware to include internet connection and VPN account. The contractor will not connect to the VA network or have network access to VASI, PI, or PHI. To help understand the patient and correlate data, the contractor will obtain a copy of the history and physical from the circulating nurse prior to procedure. The Contractor will work closely with the surgeons, nursing staff, schedulers, Clinical Engineering, and Sterilization and Processing Service. The online Neurologists will provide real-time monitoring via HIPPAA & HITECH (or similar) compliant telemedicine. The Contractor shall provide scheduled services throughout the contract period. In the event of the absence of contractor’s personnel for any reason, the contractor shall bear the responsibility of providing replacement personnel to provide the scheduled services. All and any replacement personnel must meet the Credentialing & Privileging requirements prior to providing care to SAVAHCS’s patients. Finally, the Contractor will provide a complete Quality Assurance program that monitors, track any successes or complications, and trends that are reported to the SAVAHCS’s Surgical Work Group (FSWG) quarterly. The Quality Assurance Surveillance Plan (QASP) is managed by the Contractor and presented to the FSWG.
2.2 Program Management and Contractor Qualifications
The Contractor shall provide all project management services under this contract. Project management services are assumed by the Government to be integral and inherent in the performance of all service tasks of this contract. The Contractor shall provide a draft comprehensive management plan with the proposal that includes all items necessary for the successful completion of this project. Face-to-face installation meetings and related activities shall begin within 30-days of contract award and shall be conducted at SAVAHCS’s offices.
2.3 The Contractor shall provide, transport, install, participate in the simulations, be available in live surgical cases and test the medical equipment prior to utilization.
2.4 All equipment and installation shall meet manufacturers and VA specifications. The Contractor shall ensure that Clinical Engineering inspect the equipment each time it enters the medical facility.
2.5 The Contractor shall furnish all supplies, accessories, equipment, consumables, transportation, delivery, training, and services. The Contractor shall use Right Fax to transmit the reports.
2.6 The Contractor is responsible for any missing parts and components to complete the requested service.
2.7 The Contractor shall be accredited and certified by The Joint Commission.
2.8 When required, the IONM will support Deep Brain Simulation and Transcranial Doppler cases.
2.9 The Contractor shall ensure that all professional staff have the necessary licenses and certifications. Must have CNIM – Certified Surgical Neurophysiologists.
2.10 The Contractor shall provide the necessary personnel to service more than one surgical operation simultaneously.
2.11 Standards of Care: Contractor shall be responsible for meeting or exceeding VA and The Joint Commission (or equivalent) standards. The contract personnel’s care shall cover the range of IONM services as would be provided in a state-of-the-art civilian medical treatment facility and the standard of care shall be of a quality, meeting or exceeding currently recognized national standards as established by:
2.11.1. American Clinical Neurophysiology Society Recommended Standards for Neurophysiologic Intraoperative Monitoring https://www.acns.org/practice/guidelines.
2.11.2. American Association for Neurological Surgeons Guidelines:
http://aans.org/en/Education%20and%20Meetings/clinical%20Guidelines.aspx.
2.11.3. VA Standards: VHA Directive 2006-041 “Veterans’ Health Care Service Standards” (expired but still in effect pending revision) https://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1443.
2.11.4. The professional standards of The Joint Commission (TJC) http://www.jointcommission.org/standards_information/standards.aspx.
2.11.5. The standards of the American Hospital Association (AHA) http://www.hpoe.org/resources?show=100&type=8: and
2.11.6. The requirements contained in this PWS.
3.0 REQUIREMENTS:
a. The contractor shall coordinate provision of services with the Chief, Surgical Care Line, or designee. Contractor is responsible for provision of all equipment and supplies in support of the services it provides, including monitoring equipment, internet connection and VPN account.
b. The contractor shall complete all administrative tasks, documentation of patient care and required medical transcription and signature within 24 hours of procedures. The contractor and their employees shall have a minimum of 5 years’ experience with IONMS Services.
c. The contractor shall schedule emergency cases not later than 8 hours after receiving notification. Response time for urgent cases shall be between 8 hours and 24 hours.
Response time for routine cases shall be between 24 hours, but not later than 72hours.
d. Complications and/or incidents incurred during the administration of this contract will be reported within 24 hours of discovery to the COR and/or clinical designee and the contractor shall provide SAVAHCS with a complete copy of the medical records for review. This copy is to occur as close to the time of the adverse event as is practicable but NLT 48 hours. Also, contractor is to allow SAVAHCS access to patient records as requested by the SAVAHCS.
e. The contractor agrees to be reimbursed for services in relation to current Medicare rates applicable to the appropriate CPT codes (listed in Schedule) under Medicare Locality Fee Schedule-Arizona Locality 01.
f. The VA Medical Center, SAVAHCS shall establish and maintain a record keeping system that will record the hours worked by the contractor employee(s). Contractor's employee(s) shall report to Surgical Care Line's COR, Anna Malone, or designee upon arrival at the Southern Arizona VA Health Care System.
4.0 CREDENTIALING/PRIVILEGING: Credentialing and privileging are to be done in accordance with the provisions of VHA Handbook 1100.19 utilizing VetPro, a federal web-based credentialing program for healthcare providers. The Contractor is responsible to ensure that proposed employees possess the requisite credentials enabling the granting of privileges. No services shall be provided by any contractor’s employees prior to obtaining approval by the SAVAHCS Professional Standards Board, Medical Executive Board and Medical Center Director. Contractor shall allow a minimum of 90 calendar days for review of credentials by the VA Professional Standards Board and the Director or his/her designee.
a. If contractor’s employees is/are not credentialed and privileged or has credentials/privileges suspended or revoked, the Contractor shall furnish an acceptable substitute without any additional cost to the government.
b. The contractor’s employees will be required to report specific patient outcome information, such as complications, to the Service Line Chief. Quality improvement data provided by the employees and/or collected by the Service will be used to analyze individual practice patterns. The Service Chief will utilize the data to formulate recommendations for the Professional Standards Board to consider in the renewal of clinical privileges.
c. Privileges will require renewal at least every two (2) years in accordance with Medical Center and Joint Commission requirements.
d. Physicians assigned by the contractor to work at the SAVAHCS will be required to report specific patient outcome information, such as complications, to the Service Chief.
Quality improvement data provided by the physicians and/or collected by the Service will be used to analyze individual practice patterns. The Service Chief will utilize the data to formulate recommendations for the Professional Standards Board to consider in the renewal of clinical privileges.
4.1 Continuing Medical Education (CME)/Certified Education Unit (CEU) Requirements:
Contractor shall provide the COR copies of current CMEs as required or requested by the SAVAHCS. Contractor’s personnel registered or certified by national/medical associations shall continue to meet the minimum standards for CME to remain current. Contractor shall report CME hours to the credential’s office for tracking. These documents are required for both privileging and re-privileging. Failure to provide shall result in loss of privileges for contractor’s physician(s).
4.2 Training (ACLS, BLS, CPRS and VA MANDATORY):
Contractor shall meet all VA educational requirements and mandatory course requirements defined herein; all training must be completed by the contract personnel as required by the VA.
All personnel must have certification in cardiopulmonary resuscitation (CPR) by an American Health Association vendor. Personnel must be able to demonstrate competency in providing CPR and have current basic life support (BLS) certification. Critical care Nurses shall have advanced cardiac life support (ACLS) certification.
Prior to the first day of work, all contractors are required to have completed all necessary TMS training, Finger printing, background check, being PIV sponsored with two forms of approved photo ID’s, having their signature code in the Vista computer system and be fully capable of working and providing patient care.
Training Frequency Annual Hours
TMS # 10176 - VA Privacy and Information Awareness and Rules of Behavior
Annually 1.0
Prevention of Workplace Harassment/No Fear Annually 2.0 TMS # 10203 - Privacy and HIPPA Training Annually .5
5.0 APPROVAL OF CONTRACTOR PERSONNEL:
SAVAHCS reserves the right to refuse employment under this contract or require dismissal from contract work of any contractor employee or subcontractor employee who, by reason of previous unsatisfactory performance at the VA or for any other reasonable cause, is considered by the Contracting Officer to be objectionable, as long as thirty (30) days written notification of unsatisfactory performance has been provided to the contractor and the problem has not been cured in the thirty (30) day period.
6.0 KEY PERSONNEL AND TEMPORARY EMERGENCY SUBSTITUTIONS: The Contractor shall assign to this contract the following key personnel:
a. During the first ninety (90) days of performance, the Contractor shall make NO substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer, in writing, within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period of the contract, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.
b. The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes shall have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receiving all required information of the decision on the proposed substitutes. The contract will be modified to reflect any approved changes of key personnel.
c. For temporary substitutions where the key person will not be reporting to work for three (3) consecutive workdays or more, the Contractor will provide a qualified replacement for the key person. This substitute shall have comparable qualifications to the key person. Any period exceeding two weeks will require the procedure as stated above.
7.0 ARRANGEMENT FOR REPLACEMENT STAFF:
The contractor shall provide scheduled services throughout the contract period. In the event of the absence of contractor's personnel for any reason, the contractor shall bear the responsibility of providing replacement personnel to provide the scheduled services. The replacement personnel must meet the Credentialing/Privileging requirements prior to providing care to SAVAHCS patients.
8.0 QUALITY MANAGEMENT AND ADHERENCE TO POLICIES:
The contractor shall insure that contract technologists and physicians participate in continuous quality improvement programs in the organization as described in VHA Handbooks and policies below, including any subsequent updates during the period of performance. In addition, the services to be performed by the contractor will be done in accordance with VA policies and procedures, Joint Commission, federal and state laws, and the regulations of the medical staff by laws of the VA facility. This includes but is not limited to outcome measurements, access and levels of care, patient satisfaction, reporting of adverse events, and patient records. This data will be provided to the COR on a quarterly basis.
a. VA Directive 1663, “Health Care Resources Contracting – Buying” https://www1.va.gov/vapubs/viewPublication.asp?Pub_ID=969&FType=2
b. VA Directive 1663: Health Care Resources Contracting - Buying http://www1.va.gov/vapubs/viewPublication.asp?Pub_ID=347
c. VHA Directive 2006-041: “Veterans’ Health Care Service Standards” (expired but still in effect pending revision) https://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1443
d. VHA Handbook 1100.17 National Practitioner Data Bank Reports http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=2135
e. VHA Handbook 1100.18: Reporting And Responding To State Licensing Boards -http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1364
f. VHA Handbook 1100.19: Credentialing and Privileging -http://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2910
g. VHA Handbook 1907.01: Health Information Management and Health Records:
http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=2791
h. Freedom of Information Act (5 U.S.C. 552) as amended:
http://www.justice.gov/oip/foia_updates/Vol_XVII_4/page2.htm
i. Privacy Act of 1974 5 U.S.C. § 552a https://www.justice.gov/opcl/privacy-act-1974
j. VA Handbook 0730, “Security and Law Enforcement”
k. VA Handbook 6500.6 “Contract Security” https://www.va.gov/vapubs/viewPublication.asp?Pub_ID=471&FType=2
l. VA Handbook 5011/12: Hours of Duty and Leave http://www1.va.gov/vapubs/viewPublication.asp?Pub_ID=338&FType=2
m. The professional standards of the Joint Commission (TJC) http://www.jointcommission.org/standards_information/hap_requirements.aspx
9.0 QUALITY ASSURANCE:
a. The contractor shall maintain a Quality Assurance (QA) program under this contract and provide tracked and trended data to the Surgical Care Line’s COR or designated POC, SAVAHCS, on a quarterly basis. This information will be shared with the Executive Committee of the Medical Staff (ECMS) when renewing the contract.
b. Complications incurred during the administration of this contract will be reported within 24 hours of discovery to the Surgical Care Line’s COR or designated POC. The contractor will provide SAVAHCS with a complete copy of the medical records should a complication or an adverse event occur.
c. It is anticipated that contracted services will provide the same level of oversight of quality and patient safety that SAVAHCS would provide if we were providing the service.
This will be in compliance with quality of patient care contracts document that reviews Joint Commission standard and how SAVAHCS structures the contract to ensure compliance with the standard and our responsibility to ensure appropriate care.
10.0 PERFORMANCE MONITORING: The contractor will be monitored through a variety of mechanisms, including but not limited to:
a. QA monitors to assess the quality of care provided by the contractor.
b. Review of medical record documentation to ensure maintenance of patient privacy.
They are not able to remove patient data from the facility.
c. The Contractor shall meet Joint Commission standards, as applicable. These performance standards may change during the course of the contract. Any new or revised quality/performance criteria or standards will be provided to the contractor before their implementation date and renegotiated into the contract as necessary. Attachment 1 contains the Performance Metrics that will be used to monitor the contractor.
d. Monitoring of contractor’s time shall be demonstrated through sign-in/ sign-out sheets.
The contractor shall be required to sign an attendance log upon reporting to work and departing from work. The Contracting Officer’s Representative (COR) is designed to be the Surgical Care Line’s Administrative Officer. The COR shall be SAVAHCS’s official responsible for verifying contract compliance. After contract award, any incidents of contractor noncompliance as evidenced by the monitoring procedures shall be forwarded immediately to the Contracting Officer.
11.0 EMPLOYMENT & LIABILITY:
The contractor shall be responsible for protecting the personnel furnishing services under this contract. To carry out this responsibility, the contractor shall provide the following for these personnel who include worker’s compensation, professional liability insurance, health examinations, income tax withholding and social security payments. The parties agree that Contractor personnel without formal VA appointments shall not be considered VA employees for any purpose and shall be considered employees of the contractor.
11.1 Tort Liability: The Federal Tort Claims Act does not cover Contractors or Contractor’s staff.
When a Contractor or a member of their staff has been identified as a provider in a tort claim, The Contractor is responsible for notifying their legal counsel and/or insurance carrier. Any settlement or judgment arising from a Contractor’s (or Contractor’s staff) action or non-action is the responsibility of The Contractor and/or insurance carrier.
12.0 AUTOMATED DATA PROCESSING (ADP) SECURITY:
If it becomes necessary, all contractor personnel accessing the Veterans Health Information and Technology architecture system will be required to sign and abide by all VA security policies and applicable confidentiality statues, 38 U.S.C., 5701, 7332, and the privacy act, 5U.S.C. 552a, as well as background check.
13.0 CONTRACTOR PERSONNEL SECURITY REQUIREMENTS:
In accordance with VA Handbook 6500.6 Contract Security, VA Handbook 0710 VA Personnel Suitability and Security Program, and VA Directive 0710, the Department of Veterans Affairs has implemented procedures to obtain background security investigations for all contracted personnel. All contractor employees who require access to the Department of Veterans Affairs' computer systems shall be the subject of a background investigation and must receive a favorable adjudication from the VA Security and Investigations Center. This requirement is applicable to all subcontractor personnel requiring the same access.
14.0 SECURITY REQUIREMENTS FOR CONTRACTOR EMPLOYEES:
The contractor shall comply with the requirements listed in the VA Handbook 6500.6 “Contract Security” and complete the forms located in Section D “Attachments” The contractor is also applicable to Contract Security Language Requirement for Liquidated Damages (See Section D).
15.0 COMPLIANCE WITH HIPAA:
Department of Health and Human Services (DHHS), as mandated by the Health Insurance Portability and Accountability Act of 1996 (HIPAA), 45 CFR parts 160 &164, subparts A, C, E;
use and disclosure of protected health information requires the Government to enter into a Business Associate Agreement (BAA) with contractors who need access to protected health information and who do not meet any of the HIPAA exceptions.
This requirement does does not meet the following exception and does does not, require a BAA
Health Care provider for treatment Health plan sponsor that provides health insurance benefits or coverage for the group health Health plan that is a public benefits program, such as Medicare or Social Security Health plan or health care provider for payment purposes
16.0 SAVAHCS RESPONSIBILITIES:
The COR or designee is responsible for scheduling and coordinating with the contractor, and resolution of any operational and administrative issues. The COR will also conduct as necessary any post award discussion to review and resolve administrative issues and identify areas of concern for contract clarification. The COR is also the POC for the contractor to route issues and discussions through. Request for service will be issued via email, telephonic, or any other medium acceptable to both parties for requesting services. Any issues that rise above routine or become disputed must be forwarded to the CO.
SAVAHCS is responsible for scheduling and coordinating with the contractor to establish a monitoring and evaluating procedure. Monitoring procedures will be established to ensure contractor compliance with established requirements. The COR will be responsible for global monitoring of contract compliance, and reporting any noncompliance as evidenced by the established monitoring procedures. Any serious incident of noncompliance or habitual unresolved situations as evidenced by the monitoring procedures shall be reported in writing to the CO for determination and resolution.
17.0 WORK HOURS:
a. The services covered by this contract shall be furnished by the contractor as defined herein. The contractor will not be required, except in case of emergency, to furnish such services during off-duty hours as described below.
b. The following terms have the following meanings:
(1) Work hours: Monday through Friday, 7:00 a.m. - 6:00 p.m.
(2) On call hours:
Monday -Thursday 6:01p.m.-6:59 a.m.
Friday 6:01p.m.-Monday 6:59a.m.
All Federal Holidays
(3) National Holidays: The 11 holidays observed by the Federal Government are:
New Year’s Day 1 January
Martin Luther King Jr.’s Birthday Third Monday in January
President’s Day Third Monday in February
Memorial Day Last Monday in May
Juneteenth 19 June
Independence Day 4 July
Labor Day First Monday in September
Columbus Day Second Monday in October
Veteran’s Day 11 November
Thanksgiving Day 4th Thursday in November
Christmas Day 25 December
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—
(1) Within a reasonable time after the defect was discovered or should have been discovered;
and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payment.—
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212- 5(b) for the appropriate EFT clause.
(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(6) Interest.
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.
(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.
(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:
(1…
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