Nuclear Radiopharmaceuticals
This is a Combined Synopsis/Solicitation for commercial items prepared in accordance with the format in FAR 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only Solicitation; quotes are being requested and a written Solicitation will not be issued.
Solicitation 36C249-19-Q-0199 is issued as a Request for Quotation (RFQ) and constitutes the only solicitation, a written solicitation will not be issued.
This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-01.
NAICS Code is 325412 and size standard is 1250 Employees. Any firm that does not meet the capability and size standard under this NAICS code should not submit a response to this notice.
Contract Type: The government anticipates awarding Firm Fixed Price contract. Award will be made to the lowest price quote which conforms to the requirements within this solicitation.
In order to be considered for a government award, the firm must be registered in SAM @ www.sam.gov
The Memphis VA Medical Center is seeking to purchase Radiopharmaceuticals for a Base year and four (1) Option Years.
PLEASE NOTE: Offeror MUST BE able to be FULLY OPERATIONAL by 4/1/2019. If this stipulation CAN NOT be meet, the quote will be considered TECHNICALLY UNACCEPTABLE.
All interested companies shall provide quotation(s) for the following:
CLIN Supplies
QTY
Total Cost
1) BASE PERIOD Nuclear Radiopharmaceutical unit dose delivery. Base Period of Performance: 04/01/2019 to 09/30/2019.
6 MONTHS
2) OPTION YEAR 1: Nuclear Radiopharmaceutical unit dose delivery. Option Year 1: Period of Performance: 10/01/2019 to 09/30/2020.
1 YEAR
3) OPTION YEAR 2: Nuclear Radiopharmaceutical unit dose delivery. Option Year 2: Period of Performance: 10/01/2020 to 09/30/2021.
1 YEAR
4) OPTION YEAR 3: Nuclear Radiopharmaceutical unit dose delivery. Option Year 3: Period of Performance: 10/01/2021 to 09/30/2022.
1 YEAR
5) OPTION YEAR 4: Nuclear Radiopharmaceutical unit dose delivery. Option Year 4: Period of Performance: 10/01/2022 to 09/30/2023.
1 YEAR
Grand Total
_________________
SCHEDULE OF SUPPLIES AND SERVICES
Contractors are required to provide pricing in the following format:
Pricing for all Tc-99 products are products that are compounded using Non-HEU Generators.
BASE Period: 4/1/19-9/30/19
RADIOPHARMACEUTICAL
EST QTY
UNIT
(PER DOSE, PER MCI)
UNIT COST
TOTAL COST
Tc-MYOVIEW TETROFOSMIN
1535
B
B
Tc-MEDRONATE-MDP
250
B
B
Tc-MACRO AGGR ALB-MAA
35
B
B
Tc-SULFUR COLLOID
61
B
B
Tc-SULFUR COLLOID (filtered)
30
B
B
Tc-MEBROFENIN
58
B
B
Tc-PENTETATE-DTPA
35
B
B
TCO4 PERTECHNETATE
86
B
B
Tc-EXAMETAZIME (MAY NEVER USE)
2
B
B
Tc-LYMPHOSEEK(may not order)
10
I-131 UPTAKE CAP (may not use)
21
I-131 5 mCi DIAGNOSTIC CAP
44
B
B
I-131 each additional mCi
1200
I-123 UPTAKE CAP
20
Tc-MIBI
45
B
B
111In-WBC +Kit including labeling
2
B
B
cold PYP VIAL
6
B
B
201Tl per mCi
16
B
B
67Ga per mCi
3
B
B
111In-OCTREOSCAN
2
B
B
CALIBRATOR LINEARITY TcO4 (300 mCi)
4
B
B
I-123 MIBG (Iobenguane)
1
B
B
133Xe GAS (10 mCi)
0
B
B
Tc-MAG3
16
B
B
18F-FDG-estimated use
460
B
B
Unit Dose Management System
1
B
B
B
Emerg. Call Out After Hours
2
Base Period Totals
3,925
SCHEDULE OF SUPPLIES AND SERVICES
Contractors are required to provide pricing in the following format:
Pricing for all Tc-99 products are products that are compounded using Non-HEU Generators.
OPTION YEAR 1: 10/1/19-9/30/2020
RADIOPHARMACEUTICAL
EST QTY
UNIT
(PER DOSE, PER MCI)
UNIT COST
TOTAL COST
Tc-MYOVIEW TETROFOSMIN
1535
B
B
Tc-MEDRONATE-MDP
250
B
B
Tc-MACRO AGGR ALB-MAA
35
B
B
Tc-SULFUR COLLOID
61
B
B
Tc-SULFUR COLLOID (filtered)
30
B
B
Tc-MEBROFENIN
58
B
B
Tc-PENTETATE-DTPA
35
B
B
TCO4 PERTECHNETATE
86
B
B
Tc-EXAMETAZIME
2
Tc-LYMPHOSEEK (may not order)
10
I-131 UPTAKE CAP (may not use)
21
I-123 UPTAKE CAP
20
I-131 5mCi CAP
44
B
B
I-131 each additional mCi
1200
B
B
Tc-MIBI
45
B
B
111In-WBC +Kit including labeling
2
B
B
cold PYP VIAL
6
B
B
201Tl per mCi
16
B
B
67Ga per mCi
3
B
B
111In-OCTREOSCAN
2
B
B
CALIBRATOR LINEARITY TcO4 (300 mCi)
4
B
B
I-123 MIBG (Iobenguane)
1
B
B
133Xe GAS (10 mCi)
0
B
B
Tc-MAG3
16
B
B
18F-FDG-estimated use
460
B
B
Unit Dose Management System
1
Emerg. Call Out After Hours
2
Option Year 1 Totals
3,925
SCHEDULE OF SUPPLIES AND SERVICES
Contractors are required to provide pricing in the following format:
Pricing for all Tc-99 products are products that are compounded using Non-HEU Generators.
OPTION YEAR 2: 10/1/2020-9/30/2021
RADIOPHARMACEUTICAL
EST QTY
UNIT
(PER DOSE, PER MCI)
UNIT COST
TOTAL COST
Tc-MYOVIEW TETROFOSMIN
1535
B
B
Tc-MEDRONATE-MDP
250
B
B
Tc-MACRO AGGR ALB-MAA
35
B
B
Tc-SULFUR COLLOID
61
B
B
Tc-SULFUR COLLOID (filtered)
30
B
B
Tc-MEBROFENIN
58
B
B
Tc-PENTETATE-DTPA
35
B
B
TCO4 PERTECHNETATE
86
B
B
Tc-EXAMETAZINE
2
B
B
Tc-LYMPHOSEEK (may not order)
10
I-131 UPTAKE CAP (may not use)
21
I-123 UPTAKE CAP
20
I-131 5mCi CAP
44
B
B
I-131 each additional mCi
1200
B
B
Tc-MIBI
45
B
B
111In-WBC +Kit including labeling
2
B
B
cold PYP VIAL
6
B
B
201Tl per mCi
16
B
B
67Ga per mCi
3
B
B
111In-OCTREOSCAN
2
B
B
CALIBRATOR LINEARITY TcO4 (300 mCi)
4
B
B
I-123 MIBG (Iobenguane)
1
B
B
133Xe GAS (10 mCi)
0
B
B
Tc-MAG3
16
B
B
18F-FDG-estimated use
460
B
B
Unit Dose Management System
1
B
B
B
Emerg. Call Out After Hours
2
Option Year 2 Totals
3,925
SCHEDULE OF SUPPLIES AND SERVICES
Contractors are required to provide pricing in the following format:
Pricing for all Tc-99 products are products that are compounded using Non-HEU Generators.
Option Year 3: 10/1/2021-9/30/2022
RADIOPHARMACEUTICAL
EST QTY
UNIT
(PER DOSE, PER MCI)
UNIT COST
TOTAL COST
Tc-MYOVIEW TETROFOSMIN
1535
B
B
Tc-MEDRONATE-MDP
250
B
B
Tc-MACRO AGGR ALB-MAA
35
B
B
Tc-SULFUR COLLOID
61
B
B
Tc-SULFUR COLLOID (filtered)
30
B
B
Tc-MEBROFENIN
58
B
B
Tc-PENTETATE-DTPA
35
B
B
TCO4 PERTECHNETATE
86
B
B
Tc-EXAMETAZINE
2
B
B
Tc-LYMPHOSEEK (may not order)
10
I-131 UPTAKE CAP (may not use)
21
I-123 UPTAKE CAP
20
I-131 5mCi CAP
44
B
B
I-131 each additional mCi
1200
B
B
Tc-MIBI
45
B
B
111In-WBC +Kit including labeling
2
B
B
cold PYP VIAL
6
B
B
201Tl per mCi
16
B
B
67Ga per mCi
3
B
B
111In-OCTREOSCAN
2
B
B
CALIBRATOR LINEARITY TcO4 (300 mCi)
4
B
B
I-123 MIBG (Iobenguane)
1
B
B
133Xe GAS (10 mCi)
0
B
B
Tc-MAG3
16
B
B
18F-FDG-estimated use
460
B
B
Unit Dose Management System
1
B
B
B
Emerg. Call Out After Hours
2
Option Year 3 Totals
3,925
SCHEDULE OF SUPPLIES AND SERVICES
Contractors are required to provide pricing in the following format:
Pricing for all Tc-99 products are products that are compounded using Non-HEU Generators.
Option Year 4: 10/1/2022-9/30/2023
RADIOPHARMACEUTICAL
EST QTY
UNIT
(PER DOSE, PER MCI)
UNIT COST
TOTAL COST
Tc-MYOVIEW TETROFOSMIN
1535
B
B
Tc-MEDRONATE-MDP
250
B
B
Tc-MACRO AGGR ALB-MAA
35
B
B
Tc-SULFUR COLLOID
61
B
B
Tc-SULFUR COLLOID (filtered)
30
B
B
Tc-MEBROFENIN
58
B
B
Tc-PENTETATE-DTPA
35
B
B
TCO4 PERTECHNETATE
86
B
B
Tc-EXAMETAZINE
2
B
B
Tc-LYMPHOSEEK (may not order)
10
I-131 UPTAKE CAP (may not use)
21
I-123 UPTAKE CAP
20
I-131 5mCi CAP
44
B
B
I-131 each additional mCi
1200
B
B
Tc-MIBI
45
B
B
111In-WBC +Kit including labeling
2
B
B
cold PYP VIAL
6
B
B
201Tl per mCi
16
B
B
67Ga per mCi
3
B
B
111In-OCTREOSCAN
2
B
B
CALIBRATOR LINEARITY TcO4 (300 mCi)
4
B
B
I-123 MIBG (Iobenguane)
1
B
B
133Xe GAS (10 mCi)
0
B
B
Tc-MAG3
16
B
B
18F-FDG-estimated use
460
B
B
Unit Dose Management System
1
B
B
B
Emerg. Call Out After Hours
2
Option Year 4 Totals
3,925
STATEMENT OF WORK
UNIT DOSE RADIOPHARMACEUTICALS
VAMC LEXINGTON, KY NUCLEAR MEDICINE / PET
Contractor must be able to provide emergency orders placed during regular work hours (M-F 6:00 am to 4:00pm) within 1-hour after receipt of phoned or faxed orders from the VAMC Lexington, Ky.
DELIVERY/SCOPE: Quantities expressed in the schedule are estimates based on historical usage for one year. However, quantities and types of radiopharmaceuticals may vary based on patient demand.
All radiopharmaceuticals and pharmaceuticals or kits are to be furnished by the Contractor in strict accordance with the terms and conditions of the contract and all applicable local, State and Federal laws.
Contractor/supplier shall abide by (CFR 10) Title Code of Federal Regulations, which states: A Licensee may use for medical use only:
By-product material manufactured, labeled, packaged and distributed in accordance with a license issued pursuant to the regulations in Tile 10, Code of Federal Regulations, Part 35 and the equivalent regulations of an Agreement State.
Reagent kits that have been manufactured labeled, packed and distributed in accordance with the approval by the Commission pursuant to S32.73 or an Agreement State under equivalent regulations for the preparation of radiopharmaceuticals for medical use.
All radiopharmaceutical items, possibly including some not listed, shall be ordered as needed by the Nuclear Medicine staff and delivered with daily routine deliveries.
If the ordered radiopharmaceutical is not available and cannot be delivered to the VA when needed, the contractor will notify the VA Nuclear Medicine Department and obtain the needed doses from another source, including another Radiopharmacy, to be delivered as near the requested time to provide timely care to the Veteran patients.
The Contractor may only substitute another radiopharmaceutical for the requested one with VA Nuclear Medicine approval. When this is done, the VA will pay for the lower priced radiopharmaceutical.
No delivery charge shall be made for additional deliveries up to 5 per day during normal working hours 6:00 am-4:00 pm.
The Contractor shall deliver all radiopharmaceuticals with NO added fuel surcharge.
Requests for emergency doses during regular work hours (M-F 6:00 am- 4:00 pm) shall be delivered within 1-hour of placing the order. Emergency and priority studies consist of 20%-30% of the daily schedule.
The first daily delivery shall be made to Nuclear Medicine (Room A-152a) by 6:30a.m. unless prior authorization arrangements have been made. Delivery shall be made directly to a Nuclear Medicine Technologist on duty. Deliveries made before staff arrives shall be made by contacting the Veterans Medical Center Police Department to unlock the Nuclear Medicine Department Night Entry (Room a-152) for placement of the packages. Subsequent deliveries will likewise be made as needed as described above.
Delivery personnel shall be bonded by the Contractor.
Contractor shall provide evidence of special driver s licenses required for transporting hazardous materials.
Contractor shall meet all Nuclear Regulatory Commission, Department of Transportation, FDA, OSHA, and all other State and Federal rules and regulations.
Contractor must provide waste disposal at no additional charge of used radioactive dose syringes, vials, i.e. All waste shall be picked up with the next delivery.
All radiopharmaceuticals shall be delivered in proper shielded containers with disposal impenetrable biohazard liners. Shipping containers and their labeling must comply with all federal and state regulations.
All unit dose radiopharmaceuticals delivered must have a bar code for scanning into a dose tracking system.
Any recalled / incorrectly delivered dose for any reason shall be credited for the full amount.
It is the offerors responsibility to provide the VA with recall notices on any product that has been delivered to the VA that may be defected. Notification shall be made to the Contracting Officer Representative via the most expedient method.
Incorrectly delivered doses shall not exceed one per month.
Any doses deemed below standard by the facility shall be credited toward the account and shall not exceed one per quarter, i.e. 4 per year.
Weekend delivery (Saturday/Sunday) and all observed Federal Holliday deliveries shall be made by contacting the Veterans Medical Center Police Department to unlock the Nuclear Medicine Department Night Entry (Room A-152) for placement of the packages.
New Year s Day
Martin Luther King s Birthday
Presidents Day
Memorial Day
Independence Day
Columbus Day
Veterans Day
Thanksgiving
Christmas Day
Any other day declared a Federal Holiday by the US President.
Emergency call back fees shall not be charged for regular work hours (M-F 6:00 am-4:00 pm) on days not observed as a holiday by the VA, i.e. Christmas Eve, Good Friday, etc.
Contractor shall provide a quarterly linearity source. The activity requested can range from 25 to 400 mCi.
Contractor shall provide leukocyte and platelet labeling services as a same day service.
Contractor shall provide 24 hour on-call service for emergency procedures
Contractor shall provide any additional technical support deemed necessary for the technical staff, physicians, patient education, etc.
The majority if not all technetium products must be compounded using Non- HEU generators whenever possible.
radiopharmaceuticals shall be calibrated and labeled with concentration, calibration time, total volume, total activity and expiration time and date.
All technetium products shall be tested for molybdenum contamination and the amount of molybdenum present shall be tested.
The Radiopharmacy shall be USP compliant for sterile compounding and shall provide a statement to this effect.
Product information including suppliers source of radiopharmaceuticals, package inserts, results of quality control testing performed by supplier and copies of supplier s license and procedures shall be provided upon request at no additional charge.
Consultation services regarding radiopharmaceutical applications, problems, controls, etc., shall be provided upon request at no charge.
PERSONNELL AUTHORIZED TO PLACE ORDERS: The following personnel are authorized to telephone and or fax radiopharmaceutical orders:
Supervisory Nuclear Medicine Technologist
Nuclear Medicine / PET Technologist
Other Lexington VA Medical Staff as designated
INVOICING:
Contracting Officer Representative (COR) shall be provided with a copy of the invoice at the end of each month for approval before submission to the Contract Radiopharmacy s Business Center for processing. Said invoices will be reviewed by the COR for accuracy and any discrepancies corrected and a new invoice sent before invoice is finalized.
Contractor shall be paid monthly, in arrears, upon a submission of a properly prepared invoice for services / supplies during the period. All invoices will include the contact number, date of services, and an itemized listing of charges. Invoices shall be submitted electronically to: kelly.gross@va.gov.
PERFORMANCE / QUALITY:
Incorrectly delivered doses shall not exceed one per month.
Any doses deemed below standard by the facility shall be credited toward the account and shall not exceed one per quarter, i.e. 4 per year.
It is the offerors responsibility to provide the VA with recall notices on any product that has been delivered to the VA that may be defective. Notification shall be made to the Contracting Officer Representative via the most expedient method.
All technetium products shall be tested for molybdenum contamination and the amount of molybdenum present shall be stated.
Contractor shall provide complete documentation of quality control results upon request. Product information including suppliers source of radiopharmaceuticals, package inserts, results of quality control testing performed by supplier and copies of supplier s license and procedures shall be provided at no additional charge.
Offeror will perform quality control on each agent dispensed. Contractor shall perform all quality control procedures as required by Federal and State regulatory agencies. Only those products that pass quality control may be sent to the VA Nuclear Medicine Service. The supplier will demonstrate documentation of quality control performance of any item upon request of the VA Nuclear Medicine Service.
All products are purchased subject to acceptance by the VA Nuclear Medicine Service. Products that fail to meet quality control criteria of Nuclear Medicine will not be accepted. Products will be rejected and may be discarded if found unsatisfactory by the Nuclear Medicines quality control when they are received, or later if deterioration of the product occurs before the expiration date. The VA will not be financially liable for unacceptable materials.
QUALIFICATIONS: Personnel assigned by the contractor to perform the services covered by this contract shall be licensed in a State, Territory, or Commonwealth of the United States or the District of Columbia. The qualifications of such personnel shall also be subject to review by the VA Chief of Staff and approval by VA Facility Director.
PERSONNEL POLICY: The contractor shall be responsible for protecting the personnel furnishing services under this contract. To carry out this responsibility, the contractor shall provide the following for those personnel: workers compensation professional liability insurance, health examinations, income tax withholding and Social Security payments. Such personnel shall not be considered VA employees for any purpose and shall be considered employees of the contractor.
Quote Submission: Contractor shall submit their quote on company letterhead and shall include unit price, total , unit qty and item description as specified above, as offered discounts, proposed delivery time, name, address, and telephone number of the offeror, firm s DUNS# and ORCA document in SAM at www.sam.gov, terms of any express warranty, unit price, overall total price, applicable shipping charges, completed copy of 52.212-3 Offerors Representations and Certifications- Commercial Items, and ORCA document. All prospective bidders must include appropriate references which must include all applicable company information. **Quote must be emailed**
All questions regarding this solicitation must be submitted to the Contract Specialist in writing by e-mail to Edrick.Thomas@va.gov no later than 6:00PM EST, March 27, 2019. All responses to questions will be incorporated into a written amendment posted to the Federal Business Opportunities website (www.fbo.gov).
No telephone questions or request for a copy of this Combine Synopsis will be honored.
Amendments to this Solicitation: Offerors are encouraged to monitor the Federal Business Opportunities website with respect to this solicitation because any amendments to this Solicitation will be posted on that website (www.fbo.gov).
Quotes must be received March 27, 2019 by 6:00 PM EST. Email your quote to Edrick.Thomas@va.gov. The subject line must specify 36C249-19-Q-0199 Nuclear Radiopharmaceuticals Contract -
Award shall be made to the quoter whose quotation considering technical capability, past performance, and price. The government will evaluate information based on the following evaluation criteria: (1) technical capability factor "meeting or exceeding the requirement, (2) past performance, and (3) price.
**If this contract is awarded to a large business, a subcontracting plan will be submitted in accordance with FAR 52.219-8 and 52.219-9 for approval before award.B The subcontracting goals are as follows: Small Business- 17.5%; Veteran-Owned Small Business- 7%; Service-Disabled Veteran-Owned Business-5%; Woman Owned Small Business- 5%; Small Disadvantaged Business (includes Section 8(a)) - 5%; HUBZone small business- 3%.**
Solicitation document and incorporated FAR and VAAR provisions and clauses apply to this acquisition:
52.204-7, Central Contractor Registration - title is now System for Award Management [SAM].
52.212-1, Instructions to Offerors Commercial
52.212-3, Offeror Representations and Certifications Commercial Items
52.212-4, Contract Terms and Conditions Commercial Items
52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders Commercial Items
52.219-27 Notice of Service Disabled Veteran-Owned Small Business Set Aside
52.233-3, Protest after Award
52.222-3, Convict Labor
52.232-33, Payment by Electronic Funds Transfer Central Contractor Registration
52.232-39, Unenforceability of Unauthorized Obligations
852.203-70, Commercial Advertising
852.232-72, Electronic Submission of Payment Requests
852.237-70, Contractor Responsibilities
852.270-1, Representatives of Contracting Officers
52.252-1, Solicitation Provisions Incorporated by Reference:
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address (es).
52.252-2, Clauses Incorporated by Reference:
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address (es).
52.203-16 Preventing Personal Conflicts of Interest (DEC 2011)
52.203-17 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (APR 2014)
52.223-3 Hazardous Material Identification and Material Safety Data (Jan 1997)
52.232-18 Availability of Funds (APR 1984)
52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)
52.216-18 Ordering (OCT 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from April 01, 2019 through March 31, 2019.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered issued when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.
(End of Clause)
52.216-19 -- Order Limitations (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $100.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor --
(1) Any order for a single item in excess of $1,000.00;
(2) Any order for a combination of items in excess of $3,000.00; or
(3) A series of orders from the same ordering office within 3 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 days after issuance, with written notice stating the Contractor s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
(End of Clause)
52.216-21 Requirements (OCT 1995)
(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government s requirements do not result in orders in the quantities described as estimated or maximum in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.
(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.
(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.
(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor s and Government s rights and obligations with respect to that order to the same extent as if the order were completed during the contract s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after September 30, 2019.
(End of Clause)
52.217-8 -- Option to Extend Services (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of contract expiration.
(End of Clause)
52.217-9 -- 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 5 years.
(End of Clause)
The following subparagraphs of FAR 52.212-5 are applicable:
52.203-6, Restrictions on Subcontractor Sales to the Government (SEPT 2006), with Alternate I (OCT 1995)
52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014)
52.209-6, Protecting the Government s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015)
52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (JUL 2013)
52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014)
52.219-8, Utilization of Small Business Concerns (NOV 2016)
52.219-9, Small Business Subcontracting Plan (JAN 2017)
52.219-16, Liquidated Damages Subcontracting Plan (JAN 1999)
52.219-28, Post Award Small Business Program Rerepresentation (JUL 2013)
52.222-3, Convict Labor (JUNE 2003)
52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2018)
52.222-21, Prohibition of Segregated Facilities (APR 2015)
52.222-26, Equal Opportunity (SEPT 2016)
52.222-35, Equal Opportunity for Veterans (OCT 2015)
52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014)
52.222-37, Employment Reports on Veterans (FEB 2016)
52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010)
52.222-50, Combating Trafficking in Persons (MAR 2015)
52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)
52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008)
52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (JUL 2013)
52.242-5, Payments to Small Business Subcontractors (JAN 2017)
VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008)
The bidder or offeror agrees that if a contract is awarded to him/her, as a result of this solicitation, he/she will not advertise the award of the contract in his/her commercial advertising in such a manner as to state or imply that the Department of Veterans Affairs endorses a product, project or commercial line of endeavor.
(End of Clause)
VAAR 852.203-71 DISPLAY OF DEPARTMENT OF VETERAN AFFAIRS HOTLINE POSTER (DEC 1992)
(a) Except as provided in paragraph (c) below, the Contractor shall display prominently, in common work areas within business segments performing work under VA contracts, Department of Veterans Affairs Hotline posters prepared by the VA Office of Inspector General.
(b) Department of Veterans Affairs Hotline posters may be obtained from the VA Office of Inspector General (53E), P.O. Box 34647, Washington, DC 20043-4647.
(c) The Contractor need not comply with paragraph (a) above if the Contractor has established a mechanism, such as a hotline, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports.
(End of Clause)
VAAR 852.219-9 VA SMALL BUSINESS SUBCONTRACTING PLAN MINIMUM REQUIREMENTS (DEC 2009)
(a) This clause does not apply to small business concerns.
(b) If the offeror is required to submit an individual subcontracting plan, the minimum goals for award of subcontracts to service-disabled veteran-owned small business concerns and veteran-owned small business concerns shall be at least commensurate with the Department's annual service-disabled veteran-owned small business and veteran-owned small business prime contracting goals for the total dollars planned to be subcontracted.
(c) For a commercial plan, the minimum goals for award of subcontracts to service-disabled veteran-owned small business concerns and veteran-owned small businesses shall be at least commensurate with the Department's annual service-disabled veteran-owned small business and veteran-owned small business prime contracting goals for the total value of projected subcontracts to support the sales for the commercial plan.
(d) To be credited toward goal achievements, businesses must be verified as eligible in the Vendor Information Pages database. The contractor shall annually submit a listing of service-disabled veteran-owned small businesses and veteran-owned small businesses for which credit toward goal achievement is to be applied for the review of personnel in the Office of Small and Disadvantaged Business Utilization.
(e) The contractor may appeal any businesses determined not eligible for crediting toward goal achievements by following the procedures contained in 819.407.
(End of Clause)
852.219-76B SUBCONTRACTING PLANS MONITORING AND COMPLIANCE (JUL 2018) (DEVIATION)
(a) This solicitation includes FAR 52.219-9, Small Business Subcontracting Plan, and VAAR 852.219-9, VA Small Business Subcontracting Plan Minimum Requirement.
(b) Accordingly, any contract resulting from this solicitation will include these clauses.B The Contractor is advised in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) to assist in assessing the Contractor s compliance with the plan, including reviewing the Contractor s accomplishments in achieving the subcontracting goals in the plan.B To that end, the support contractor(s) may require access to the Contractor s business records or other proprietary data to review such business records regarding the Contractor s compliance with this requirement.
(c) All support contractors conducting this review on behalf of VA will be required to sign an Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement to ensure the Contractor s business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.
(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b).B The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor compliance with the subcontracting plan.
(End of Clause)
VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012)
(a) Definitions. As used in this clause
(1) Contract financing payment has the meaning given in FAR 32.001.
(2) Designated agency office has the meaning given in 5 CFR 1315.2(m).
(3) Electronic form means an automated system transmitting information electronically according to the
Accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests.
(4) Invoice payment has the meaning given in FAR 32.001.
(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.
(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.
(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:
(1) VA s Electronic Invoice Presentment and Payment System. (See Web site at http://www.fsc.va.gov/einvoice.asp.)
(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI). The X12 EDI Web site (http://www.x12.org) includes additional information on EDI 810 and 811 formats.
(d) Invoice requirements. Invoices shall comply with FAR 32.905.
(e) Exceptions. If, based on one of the circumstances below, the contracting officer directs that payment requests be made by mail, the contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for:
(1) Awards made to foreign vendors for work performed outside the United States;
(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;
(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;
(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or
(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.
(End of Clause)
VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)
The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of Tennessee. Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from.
(End of Clause)
VAAR 852.246-71 INSPECTION (JAN 2008)
Rejected goods will be held subject to contractors order for not more than 15 days, after which the rejected merchandise will be returned to the contractor's address at his/her risk and expense. Expenses incident to the examination and testing of materials or supplies that have been rejected will be charged to the contractor's account.
Full text can be obtained at www.acquisition.gov.
DISCLAIMER AND IMPORTANT NOTES: The government is in no way obligated to do business with or enter into the award a contract to any firm or its affiliates or otherwise pay for the information provided in this synopsis.
Edrick Thomas
Contracting Officer
edrick.thomas@va.gov
edrick.thomas@va.gov
