6505--radiopharmaceuticals VA long beach

This amendment shall answer vendor questions and update the requirement to include the radiopharmaceutical Tc99m Pertechnetate.

Q: You have no request for technetium Tc-99m. Is it required?

A: The station has requested that Tc99m Pertechnetate be added to the requirement.

Q: Do you use Ioflupane or Datscan? It is not on the solicitation.

A: These medications are not being requested at this time.

New line item being requested:

Radiopharmaceutical

Quantity

Unit of Measure

Tc99m Pertechnetate

7

Curries

All other terms and conditions remain unchanged.

Submissions are due: 9/12/2022 9:00AM PT Local Time

Page 2 of 2

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued.

(ii) The solicitation number 36C26222Q0423 is issued as a Request for Quotation (RFQ) in conjunction with FAR -- Part 13 Simplified Acquisition Procedures and constitutes the only solicitation. The Government intends to award a single Firm-Fixed Price (FFP) award contract.

(iii) The provisions and clauses in this document are in effect through the Federal Acquisition Circular 2020-09, January 12, 2021.

(iv) This solicitation intends to award a contract through full and open competition after exclusions under a Small Business set aside to a business associated with NAICS North American Industrial Classification System

Code 325412 - Pharmaceutical Preparation Manufacturing with a size standard of 1,250 Employees.

(v) See below for a list of line item numbers, items, quantities and units of measure.

Item Number

Description

Quantity

Unit of Measure

0001

Base Year: Gallium 67 or equal 5 mCi per dose/syringe

80

EA

0002

Base Year: Gallium 67 or equal 10 mCi per dose/syringe

10

EA

0003

Base Year: I-123 MIBG or equal 5-10 mCi per dose/syringe

2

EA

0004

Base Year: 18-FDG, 12mCi PER DOSE

540

EA

0005

Base Year: F18NaF, 10mCi per dose

55

EA

0006

Base Year: Tc-99m HMPAO-WBC, 10 mCi/dose

2

EA

0007

Base Year: Tc-99m MAG-3, 10 mCi/dose

65

EA

0008

Base Year: Thalium-201, 1 mCi/dose

8

EA

0009

Base Year: Thalium-201, 5 mCi/dose

35

EA

0010

Base Year: Gallium-67, 10 mCi/dose

5

EA

0011

Base Year: Ultratag Kit (5 tests/kit)

8

EA

0012

Base Year: Sodium Iodine I-123, 200 uCi per dose

100

EA

0013

Base Year: Sodium Iodide I-131 Therapy Capsules, First 6 mCi per dose (Diagnostic)

20

EA

0014

Base Year: Sodium Iodide I-131 Therapy Capsules, Each additional mCi

650

EA

0015

Base Year: Indium-111 Leukocyte Labelling

15

EA

0016

Base Year: Tc-Sestamibi, 30 mCi/dose

1200

EA

0017

Base Year: Tc-Sestamibi, 10 mCi/dose

1200

EA

0018

Base Year: Lexiscan

800

EA

0019

Base Year: In111 Octreoscan, per 5 mCi dose

10

EA

0020

Base Year: Tc99m Sulfur Colloid 1-7 mCi dose

35

EA

0021

Base Year: Tc99m MDP 1-30 mCi dose

400

EA

0022

Base Year: Tc99m Mebrofenin 10 mCi dose

40

EA

0023

Base Year: Tc99m MAA 1-6 mCi dose

85

EA

0024

Base Year: Tc99m DTPA >20 mCi dose

70

EA

0025

Base Year: Tc99m SC Filtered 1 mCi dose

15

EA

0026

Base Year: Tc99m Ceretec 30 mCi dose

2

EA

0027

Base Year: Thallium-201 1 mCi per dose

10

EA

Item Number

Description

Quantity

Unit of Measure

0001

Option Year One: Gallium 67 or equal 5 mCi per dose/syringe

80

EA

0002

Option Year One: Gallium 67 or equal 10 mCi per dose/syringe

10

EA

0003

Option Year One: I-123 MIBG or equal 5-10 mCi per dose/syringe

2

EA

0004

Option Year One: 18-FDG, 12mCi PER DOSE

540

EA

0005

Option Year One: F18NaF, 10mCi per dose

55

EA

0006

Option Year One: Tc-99m HMPAO-WBC, 10 mCi/dose

2

EA

0007

Option Year One: Tc-99m MAG-3, 10 mCi/dose

65

EA

0008

Option Year One: Thalium-201, 1 mCi/dose

8

EA

0009

Option Year One: Thalium-201, 5 mCi/dose

35

EA

0010

Option Year One: Gallium-67, 10 mCi/dose

5

EA

0011

Option Year One: Ultratag Kit (5 tests/kit)

8

EA

0012

Option Year One: Sodium Iodine I-123, 200 uCi per dose

100

EA

0013

Option Year One: Sodium Iodide I-131 Therapy Capsules, First 6 mCi per dose (Diagnostic)

20

EA

0014

Option Year One: Sodium Iodide I-131 Therapy Capsules, Each additional mCi

650

EA

0015

Option Year One: Indium-111 Leukocyte Labelling

15

EA

0016

Option Year One: Tc-Sestamibi, 30 mCi/dose

1200

EA

0017

Option Year One: Tc-Sestamibi, 10 mCi/dose

1200

EA

0018

Option Year One: Lexiscan

800

EA

0019

Option Year One: In111 Octreoscan, per 5 mCi dose

10

EA

0020

Option Year One: Tc99m Sulfur Colloid 1-7 mCi dose

35

EA

0021

Option Year One: Tc99m MDP 1-30 mCi dose

400

EA

0022

Option Year One: Tc99m Mebrofenin 10 mCi dose

40

EA

0023

Option Year One: Tc99m MAA 1-6 mCi dose

85

EA

0024

Option Year One: Tc99m DTPA >20 mCi dose

70

EA

0025

Option Year One: Tc99m SC Filtered 1 mCi dose

15

EA

0026

Option Year One: Tc99m Ceretec 30 mCi dose

2

EA

0027

Option Year One: Thallium-201 1 mCi per dose

10

EA

Item Number

Description

Quantity

Unit of Measure

0001

Option Year Two: Gallium 67 or equal 5 mCi per dose/syringe

80

EA

0002

Option Year Two: Gallium 67 or equal 10 mCi per dose/syringe

10

EA

0003

Option Year Two: I-123 MIBG or equal 5-10 mCi per dose/syringe

2

EA

0004

Option Year Two: 18-FDG, 12mCi PER DOSE

540

EA

0005

Option Year Two: F18NaF, 10mCi per dose

55

EA

0006

Option Year Two: Tc-99m HMPAO-WBC, 10 mCi/dose

2

EA

0007

Option Year Two: Tc-99m MAG-3, 10 mCi/dose

65

EA

0008

Option Year Two: Thalium-201, 1 mCi/dose

8

EA

0009

Option Year Two: Thalium-201, 5 mCi/dose

35

EA

0010

Option Year Two: Gallium-67, 10 mCi/dose

5

EA

0011

Option Year Two: Ultratag Kit (5 tests/kit)

8

EA

0012

Option Year Two: Sodium Iodine I-123, 200 uCi per dose

100

EA

0013

Option Year Two: Sodium Iodide I-131 Therapy Capsules, First 6 mCi per dose (Diagnostic)

20

EA

0014

Option Year Two: Sodium Iodide I-131 Therapy Capsules, Each additional mCi

650

EA

0015

Option Year Two: Indium-111 Leukocyte Labelling

15

EA

0016

Option Year Two: Tc-Sestamibi, 30 mCi/dose

1200

EA

0017

Option Year Two: Tc-Sestamibi, 10 mCi/dose

1200

EA

0018

Option Year Two: Lexiscan

800

EA

0019

Option Year Two: In111 Octreoscan, per 5 mCi dose

10

EA

0020

Option Year Two: Tc99m Sulfur Colloid 1-7 mCi dose

35

EA

0021

Option Year Two: Tc99m MDP 1-30 mCi dose

400

EA

0022

Option Year Two: Tc99m Mebrofenin 10 mCi dose

40

EA

0023

Option Year Two: Tc99m MAA 1-6 mCi dose

85

EA

0024

Option Year Two: Tc99m DTPA >20 mCi dose

70

EA

0025

Option Year Two: Tc99m SC Filtered 1 mCi dose

15

EA

0026

Option Year Two: Tc99m Ceretec 30 mCi dose

2

EA

0027

Option Year Two: Thallium-201 1 mCi per dose

10

EA

Item Number

Description

Quantity

Unit of Measure

0001

Option Year Three: Gallium 67 or equal 5 mCi per dose/syringe

80

EA

0002

Option Year Three: Gallium 67 or equal 10 mCi per dose/syringe

10

EA

0003

Option Year Three: I-123 MIBG or equal 5-10 mCi per dose/syringe

2

EA

0004

Option Year Three: 18-FDG, 12mCi PER DOSE

540

EA

0005

Option Year Three: F18NaF, 10mCi per dose

55

EA

0006

Option Year Three: Tc-99m HMPAO-WBC, 10 mCi/dose

2

EA

0007

Option Year Three: Tc-99m MAG-3, 10 mCi/dose

65

EA

0008

Option Year Three: Thalium-201, 1 mCi/dose

8

EA

0009

Option Year Three: Thalium-201, 5 mCi/dose

35

EA

0010

Option Year Three: Gallium-67, 10 mCi/dose

5

EA

0011

Option Year Three: Ultratag Kit (5 tests/kit)

8

EA

0012

Option Year Three: Sodium Iodine I-123, 200 uCi per dose

100

EA

0013

Option Year Three: Sodium Iodide I-131 Therapy Capsules, First 6 mCi per dose (Diagnostic)

20

EA

0014

Option Year Three: Sodium Iodide I-131 Therapy Capsules, Each additional mCi

650

EA

0015

Option Year Three: Indium-111 Leukocyte Labelling

15

EA

0016

Option Year Three: Tc-Sestamibi, 30 mCi/dose

1200

EA

0017

Option Year Three: Tc-Sestamibi, 10 mCi/dose

1200

EA

0018

Option Year Three: Lexiscan

800

EA

0019

Option Year Three: In111 Octreoscan, per 5 mCi dose

10

EA

0020

Option Year Three: Tc99m Sulfur Colloid 1-7 mCi dose

35

EA

0021

Option Year Three: Tc99m MDP 1-30 mCi dose

400

EA

0022

Option Year Three: Tc99m Mebrofenin 10 mCi dose

40

EA

0023

Option Year Three: Tc99m MAA 1-6 mCi dose

85

EA

0024

Option Year Three: Tc99m DTPA >20 mCi dose

70

EA

0025

Option Year Three: Tc99m SC Filtered 1 mCi dose

15

EA

0026

Option Year Three: Tc99m Ceretec 30 mCi dose

2

EA

0027

Option Year Three: Thallium-201 1 mCi per dose

10

EA

Item Number

Description

Quantity

Unit of Measure

0001

Option Year Four: Gallium 67 or equal 5 mCi per dose/syringe

80

EA

0002

Option Year Four: Gallium 67 or equal 10 mCi per dose/syringe

10

EA

0003

Option Year Four: I-123 MIBG or equal 5-10 mCi per dose/syringe

2

EA

0004

Option Year Four: 18-FDG, 12mCi PER DOSE

540

EA

0005

Option Year Four: F18NaF, 10mCi per dose

55

EA

0006

Option Year Four: Tc-99m HMPAO-WBC, 10 mCi/dose

2

EA

0007

Option Year Four: Tc-99m MAG-3, 10 mCi/dose

65

EA

0008

Option Year Four: Thalium-201, 1 mCi/dose

8

EA

0009

Option Year Four: Thalium-201, 5 mCi/dose

35

EA

0010

Option Year Four: Gallium-67, 10 mCi/dose

5

EA

0011

Option Year Four: Ultratag Kit (5 tests/kit)

8

EA

0012

Option Year Four: Sodium Iodine I-123, 200 uCi per dose

100

EA

0013

Option Year Four: Sodium Iodide I-131 Therapy Capsules, First 6 mCi per dose (Diagnostic)

20

EA

0014

Option Year Four: Sodium Iodide I-131 Therapy Capsules, Each additional mCi

650

EA

0015

Option Year Four: Indium-111 Leukocyte Labelling

15

EA

0016

Option Year Four: Tc-Sestamibi, 30 mCi/dose

1200

EA

0017

Option Year Four: Tc-Sestamibi, 10 mCi/dose

1200

EA

0018

Option Year Four: Lexiscan

800

EA

0019

Option Year Four: In111 Octreoscan, per 5 mCi dose

10

EA

0020

Option Year Four: Tc99m Sulfur Colloid 1-7 mCi dose

35

EA

0021

Option Year Four: Tc99m MDP 1-30 mCi dose

400

EA

0022

Option Year Four: Tc99m Mebrofenin 10 mCi dose

40

EA

0023

Option Year Four: Tc99m MAA 1-6 mCi dose

85

EA

0024

Option Year Four: Tc99m DTPA >20 mCi dose

70

EA

0025

Option Year Four: Tc99m SC Filtered 1 mCi dose

15

EA

0026

Option Year Four: Tc99m Ceretec 30 mCi dose

2

EA

0027

Option Year Four: Thallium-201 1 mCi per dose

10

EA

(vi) The Department of Veterans Affairs (VA) seeks to make a procurement for delivery of radiopharmaceuticals for the Radiology Department at VA Long Beach Healthcare System with a base year plus four (4) option years. See Attachment B SOW for a listing of brand name salient characteristics and other requirements.

Offeror quotations must demonstrate meeting the salient physical, functional, or performance characteristic specified in this solicitation, otherwise it will be considered non-responsive. The technical specifications for this requirement are listed for Brand Name or Equal per FAR 52.211-6.

The information identified provided is intended to be descriptive, not restrictive and to indicate the quality that will be satisfactory. The interested parties bear full responsibility to ensure their submission demonstrates to the government that they can provide the brand name or equal to supplies being requested.

(vii) Delivery Requirements:

Place of Delivery:

Department of Veterans Affairs

VA Long Beach Healthcare System

Radiology

5901 East 7th Street

Long Beach CA 90822

Period of Performance/Delivery Timeframe:

The period of performance will start October 1, 2022 for a One (1) Year Base Period with the Government having the option to exercise (4) four (1) one-year renewal periods in conjunction with 52.217-9 Option to Extend the Term of the Contract.

Additional Delivery Requirements

***Please view Attachment B Statement of Work for additional delivery requirements****

(viii) The provision at 52.212-1, Instructions to Offerors Commercial Items, applies to this solicitation.

Addendum:

All offeror quotes for this solicitation must be received electronically through email 9:00 AM PST, September 12, 2022. Ensure to reference solicitation number 36C26222Q0423 within subject line of the email. Any offeror quotes received after the prescribed date/time shall be considered non-responsive and will not be considered for award. Any questions regarding this solicitation must be received electronically through email no later than 2:00 PM PST September 5, 2021.

Offers shall be sent by email to Adrienne.Brown4@va.gov.

Offerors shall submit the following via email:

Offerors shall fill out all highlighted columns of Attachment A (Excel Sheet).

The total sum of all files submitted must not exceed 10MB.

Offeror shall provide verification that their items are not Gray Market by providing appropriate documentation.

Offeror shall provide proof of required certifications/licenses as stated in Attachment B SOW.

(ix) 52.212-2 Evaluation -- Commercial Items (Oct 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

SP1 Grey Market Offered items must not be considered Grey Market.

SP2 Special Licensure Personnel performing delivery of radioactive materials shall be licensed.

SP3 Special Certifications Pharmacists employed by the contractor shall be an authorized user on the Contractor s Radioactive Materials License.

SP4 Continuous Certification Must be able to keep and maintain radioactive materials license, pharmacy registration to ensure continuous operation.

Lowest priced quotation that meets all salient characteristics and requirements stated in the statement of work (SOW) in attachment B. Special standards of responsibility and documents attached to this solicitation, that are both responsive and responsible, which should include all required licenses and proof certifications.

Acceptability of radiopharmaceuticals/services shall be established by review of each submitted quotation by the designated evaluator(s) and verification that any equal-to items meet the salient characteristics included in this solicitation. Submissions to this solicitation must show clear, compelling and convincing evidence that equal-to items meet all the salient characteristics (see Attachment A and B). Offers that include any items that are not determined as Brand Name or Equal shall result in an unacceptable offer. See 52.211-6 Brand Name or Equal for additional information.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified with a minimum of at least thirty days (30), shall result in a binding contract without further action by either party. Before the offer s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

(x) Must include a completed copy of the provision at 52.212-3 -- Offeror Representations and Certifications -- Commercial Items, with this solicitation or ensure SAM.gov is updated with current information.

(xi) The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition.

(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 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 32.608-2 of the Federal Acquisition Regulation 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; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

(xii) The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items, applies to this acquisition.

(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 items:

(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 (Jul 2018) (Section 1634 of Pub. L. 115 91).

(3) 52.204 25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115 232).

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

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 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 items:

[X] (1) 52.203 6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203 13, Contractor Code of Business Ethics and Conduct (JUN 2020) (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. (JUN 2020) (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)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-4.

[] (13) [Reserved]

[X] (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.

[] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219 9, Small Business Subcontracting Plan (JUN 2020) (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 (JUN 2020) 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.

[X] (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

[] (20) 52.219-16, Liquidated Damages Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

[X] (22)(i) 52.219-28, Post Award Small Business Program Representation (NOV 2020) (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 (EDWOSB) Concerns (MAR 2020) (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 (MAR 2020) (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)).

[X] (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17))

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

[X] (28) 52.222 19, Child Labor Cooperation with Authorities and Remedies (JAN 2020) (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 (OCT 2020) (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 (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 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.

[X] (48) 52.225-1, Buy American Supplies (MAY 2014) (41 U.S.C. chapter 83).

[] (49)(i) 52.225-3, Buy American Free Trade Agreements Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 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 (MAY 2014) of 52.225-3.

[] (iii) Alternate II (MAY 2014) of 52.225-3.

[] (iv) Alternate III (MAY 2014) of 52.225-3.

[] (50) 52.225 5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (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. 2302 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 (JUN 2020).

[] (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[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).

[] (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 (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

[] (iii) Alternate II (FEB 2006) 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 items:

[] (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 Under Executive Order 13658 (NOV 2020).

[] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (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. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause

(i) 52.203 13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

(ii) 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)).

(iii) 52.204 23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115 91).

(iv) 52.204 25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115 232).

(v) 52.219 8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219 8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vii) 52.222 26, Equal Opportunity (SEP 2016) (E.O. 11246).

(viii) 52.222 35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(ix) 52.222 36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(x) 52.222 37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xiii)(A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

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

(xiv) 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).

(xv) 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).

(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xx) 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. 2302 Note).

(xxi) 52.226 6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

(xiii) The following clauses also apply:

52.209-7 Information Regarding Responsibility Matter (Oct 2018)

 (a) Definitions. As used in this provision

      Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

      Federal contracts and grants with total value greater than $10,000,000 means

           (1) The total value of all current, active contracts and grants, including all priced options; and

           (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

           Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

      (b) The offeror  has  does not have current active Federal contracts and grants with total value greater than $10,000,000.

      (c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

           (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

                (i) In a criminal proceeding, a conviction.

                (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

                (iii) In an administrative proceeding, a finding of fault and liability that results in

                     (A) The payment of a monetary fine or penalty of $5,000 or more; or

                     (B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

                (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

           (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

      (d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of provision)

52.211-6 - Brand Name or Equal (Aug 1999)

 (a) If an item in this solicitation is identified as "brand name or equal," the purchase description reflects the characteristics and level of quality that will satisfy the Government s needs. The salient physical, functional, or performance characteristics that "equal" products must meet are specified in the solicitation.

      (b) To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must-

           (1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

           (2) Clearly identify the item by-

                (i) Brand name, if any; and

                (ii) Make or model number;

           (3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

           (4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

      (c) The Contracting Officer will evaluate "equal" products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

      (d) Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name product referenced in the solicitation.

(End of provision)

52.217-6 -Â Option for Increased Quantity (Mar 1989)

The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within 30 Days. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

(End of clause)

52.217-9 -Â Option to Extend the Term of the Contract. (Mar 2000)

      (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

      (b)If the Government exercises this option, the extended contract shall be considered to include this option clause.

      (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 48 Months.

(End of clause)

Grey Market Items

(a) Gray market items are Original Equipment Manufacturer s (OEM) goods sold through unauthorized channels in direct competition with authorized distributors. This procurement is for new OEM medical supplies, medical equipment and/or services contracts for maintenance of medical equipment (i.e. replacement parts) for VA Medical Centers. No remanufactures or gray market items will be acceptable.

(b) Vendor shall be an OEM, authorized dealer, authorized distributor or authorized reseller for the proposed medical supplies, medical equipment and/or services contracts for maintenance of medical equipment (i.e. replacement parts), verified by an authorization letter or other documents from the OEM, such that the OEM s warranty and service are provided and maintained by the OEM. All software licensing, warranty and service associated with the medical supplies, medical equipment and/or services contracts for maintenance of medical equipment shall be in accordance with the OEM terms and conditions.

(c) The delivery of gray market items to the VA in the fulfillment of an order/award constitutes a breach of contract. Accordingly, the VA reserves the right to enforce any of its contractual remedies. This includes termination of the contract or, solely at the VA s election, allowing the Vendor to replace, at no cost to the Government, any remanufactured or gray market item(s) delivered to a VA medical facility upon discovery of such items.

(End of clause)

In addition, the following clauses shall also apply:

52.203-17

Contractor Employee Whistleblower Rights and Requirements to Inform Employees of Whistleblower Rights

June 2020

52.204-13

System for Award Management Maintenance

Oct 2018

52.204-18

Commercial and Government Entity Code Maintenance

Aug 2020

52.212-4

Contract Terms and Conditions -- Commercial Items

Oct 2018

52.212-5

Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items

Jan 2021

52.216-18

Ordering

Aug 2020

52.216-19

Order Limitations

Oct 1995

52.217-8

Option to Extend Services

Nov 1999

52.232-18

Availability of Funds

Apr 1984

52.232-33

Payment by electronic funds transfer system for award management

Jul 2013

52.233-1

Disputes

May 2014

52.233-3

Protest after award

Aug 1996

52.252-2

Clauses incorporated by reference

Feb 1998

852.203-70

Commercial advertising

Jan 2008

852.212-71

Gray Market Items

Apr 2020

852.212-72

Gray Market and Counterfeit Items

Mar 2020

852.232-72

Electronic submission of payment requests

Nov 2012

The full text of a clause may be accessed electronically at the following:

http://www.acquisition.gov/comp/far/index.html

http://www.va.gov/oal/library/vaar/index.asp

The following provisions shall also apply:

52.204-7

System for Award Management

Oct 2018

52.204-16

Commercial and Government Entity Code Reporting

Oct 2016

52.204-24

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

Oct 2020

52.209-7

Information Regarding Responsibility Matters

Oct 2018

52.212-3

Offeror Representations and Certifications -- Commercial Items, with this solicitation

Jan 2021

52.216-1

Type of Contract

Apr 1984

52.233-2

Service of Protest

Sept 2006

852.233-70

Protest Content/Alternative Dispute Resolution

Oct 2018

852.233-71

Alternate Protest Procedures

Oct 2018

852.270-1

Representatives of Contracting Officers

Jan 2008

852.252-70

Solicitation Provisions or Clauses Incorporated by Reference

Jan 2008

(xiv) N/A

(xv) All offeror quotes for this solicitation must be received electronically through email no later than 9:00 AM PST, September 12, 2022. Ensure to reference solicitation number 36C26222Q0423 within subject line of the email. Any offeror quotes received after the prescribed date/time shall be considered non-responsive and will not be considered for award. Any questions regarding this solicitation must be received electronically through email no later than 2:00 PM PST September 5, 2022.

(xvi) Offers shall be sent by email to Adrienne.Brown4@va.gov.