Loren Data's SAM Daily™

SAMDAILY.US - ISSUE OF AUGUST 28, 2022 SAM #7576
SOLICITATION NOTICE

65 -- CARDINAL HEALTH RADIOPHARMACEUTICAL CONTRACT RENEWAL

Notice Date

8/26/2022 11:09:29 AM
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

325412 — Pharmaceutical Preparation Manufacturing
 

Contracting Office

262-NETWORK CONTRACT OFFICE 22 (36C262) Gilbert AZ 85297 USA
 

ZIP Code

85297
 

Solicitation Number

36C26222Q0423
 

Response Due

9/12/2022 9:00:00 AM
 

Archive Date

12/11/2022
 

Point of Contact

adrienne.brown4@va.gov, Adrienne Brown, Phone: 951-601-4536
 

E-Mail Address

Adrienne.Brown4@va.gov
(Adrienne.Brown4@va.gov)
 

Small Business Set-Aside

SBA Total Small Business Set-Aside (FAR 19.5)
 

Awardee

null
 

Description

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-Ti...
 

Web Link

SAM.gov Permalink
(https://sam.gov/opp/1f3ab5ec38fa4a4cb8d17ae7c2ee3e6a/view)
 

Place of Performance

Address: Department of Veteran Affairs VA Long Beach Healthcare System 5901 East 7th Street, Long Beach 90822, USA

Zip Code: 90822

Country: USA
 

Record

SN06443232-F 20220828/220826230126 (samdaily.us)
 

Source

SAM.gov Link to This Notice
(may not be valid after Archive Date)

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