SOW_Consignment Agreement Extended Vision IOL.pdf

CONSIGNMENT AGREEMENT/STATEMENT OF WORK – EXTENDED VISION IOL

1. General: Contractor shall furnish all supplies listed in the price schedule on a Consignment Basis to the Lebanon Veterans Affairs Medical Center (Lebanon VAMC) located at 1700 South Lincoln Avenue, Lebanon, PA 17042, in accordance with the terms and conditions of this consignment agreement. Items as listed shall be placed at the VA Medical Center, stocked in a secured area agreed upon by the Contractor, the Contracting Officer’s Representative (COR) and as described by the product labeling, at no expense to the Government.

2. Contractor Representative: The Contractor will assign a representative to the facility to initiate and oversee the consignment inventory.

3. Initial Inventory: The Products listed on the Schedule of the agreement represent the products that must be available for the initial inventory. The products shall be placed at the designated VHA location within the time specified, or if no time specified, no later than ten (10) calendar days after receipt of the fully executed Agreement. VHA will provide adequate space/shelving for stocking these products. The Contractor will provide a complete listing of model and part numbers to the COR/ upon delivery of the initial inventory.

4. Inventory Level: All consignment inventories will be coordinated with the Implant Coordinator.

The Contractor agrees to coordinate with the Implant Coordinator to maintain the inventory level of products as required. At no time shall the number of products VHA holds on consignment fall below the minimum (PAR) quantity specified without the concurrence of the COR/Implant Coordinator. If it is discovered that the stock quantities fall below the agreed minimum stock level, the Contractor must replenish the stock level with like quantities of items within 48 hours at no additional expense to the Government.

5. Inventory Management: The designated Contractor representative assigned to the VHA facility will periodically (no less than once per year) conduct a physical inventory of the consignment inventory and the results shall be detailed in a report to the COR. At a minimum, the report will contain stock utilization and levels, and recalled/outdated items found and removed. The excess unused items will be returned to the contractor at the end of the term of the contract without reimbursement or other expense to the Government.

6. Replacement Products: VHA will withdraw products from the consignment stock on a first‐in first‐out basis. After each procedure, the assigned member of the Prosthetics Contracting Team will issue an associated Purchase Order (PO), or order via credit card, listing the products used and the Contractor will replace these products within the time specified. If no time specified, delivery shall be within 3‐5 business days. The COR/Implant Coordinator shall be notified by the Alcon representative, prior to the products being replaced. Contractor is responsible for the shipping and handling related to the initial consignment shipment. VHA will pay all shipping and handling charges associated with all subsequent orders of products. The order will be placed by purchase order or via credit card, and will serve as authorization for delivery of replacement items and payment for the item(s) used. The Contractor shall reference the PO number on the invoice and delivery ticket for the replaced products.

7. Product Sterilization: At Contractor's sole expense, VHA may contact Alcon Customer Service for a no‐cost return, pickup for the return, or exchange IOLs that are: (a) undamaged, sealed and unexpired; (b) opened, damaged, or unreasonably close to expiration (at Alcon's sole determination) upon delivery; or (c) expired.

8. Alteration of Quantities: The Contractor agrees that the total quantity of items furnished under the Agreement can be changed at any time during the effective period of the agreement. The Contractor agrees that from time to time, the COR may change the number of items on consignment, by written or oral request. The COR must coordinate with the CO and follow all oral requests with written confirmation within 24 hours.

9. Defective Products: The Contractor must replace defective products according to the delivery schedule of the agreement at no additional cost to the Government, unless VHA has misused or lost the product.

10. Expiring Inventory: Inventory having less than 90 days sterility/expiration date must be removed and replaced. The Contractor shall provide a list of all the expired products to the COR/Implant Coordinator quarterly. At no cost to the VHA, the VHA must return all expired IOLs to Alcon, and upon request by Alcon, VHA shall return any unused IOLs. VHA may contact Alcon Customer Service for a return authorization and no cost return pickup.

11. Expiration/Termination of Agreement: Upon expiration/termination of the agreement, VHA will reconcile all consignment stock units. The Contractor will remove all unused items at the end of the effective period of the agreement without reimbursement or other expense to the Government.

12. Liability: The Government assumes no liability for any item(s) assigned to VHA on a consignment basis until a requirement for the item exists and a purchase or credit card order is placed against the agreement. Title for the consigned items shall remain with the contractor until the items are used.

13. Ordering: In accordance with the Class Deviation to V AAR 801.603‐70, the clause in V AAR 852.270‐1, Representatives of Contracting Officers, is incorporated in the underlying IDV contract/agreement. Authorized members of the Prosthetics Contracting Team will be responsible for issuing and administering orders placed under this contract. The particular Prosthetics Contracting Team member responsible for placing an order is dependent upon the receiving patient's social security number. Members of the Prosthetics Team have no authority to modify any term of this basic contract. Any deviation from the terms of the basic contract must be approved in writing by the Contracting Officer responsible for this contract. Orders will be placed only by members of the Prosthetics Contracting Team, via credit card or purchase order.

14. Payment: Payment for items furnished under the agreement is applicable only when such items are used (implanted) or the package is opened by VHA. Contractor agrees to accept the VA Purchase Card as the preferred method of payment for opened and damaged products, although other methods may be used.

15. Schedule of Items: This delivery order is for a five‐year ordering period. See attached PAR Levels and Estimated Annual Usage. The estimated annual usage is not a representation to the contractor that the estimated quantities will be required or ordered, or that conditions affecting requirements will be stable or normal.

16. Orders are considered placed or issued when the product is taken from the consignment inventory and used by the Government. Other than using the product when the Government has a need for it, the Prosthetics Contracting Team staff have no other authority to place any other types of orders directly or indirectly with the contractor or to modify the contract in any way. The appropriate member of the Prosthetics Contracting Team is responsible for notifying the Contractor that an order was placed or issued.

17. At the end of the first twelve‐months of the ordering period and each subsequent twelve‐month period, the Contractor and COR will review that period's inventory turns to compare the Government's estimated usage to the actual annual usage volume.