Loren Data's SAM Daily™

SAMDAILY.US - ISSUE OF DECEMBER 03, 2021 SAM #7307
SOLICITATION NOTICE

65 -- Integro Infusion System

Notice Date

12/1/2021 3:20:42 PM
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

325412 — Pharmaceutical Preparation Manufacturing
 

Contracting Office

262-NETWORK CONTRACT OFFICE 22L (36C262) LONG BEACH CA 90815 USA
 

ZIP Code

90815
 

Solicitation Number

36C26222Q0171
 

Response Due

12/6/2021 4:00:00 PM
 

Archive Date

01/05/2022
 

Point of Contact

Hanan Chaaban, Contract Specialist, Phone: 562-766-2234
 

E-Mail Address

Hanan.Chaaban@va.gov
(Hanan.Chaaban@va.gov)
 

Awardee

null
 

Description

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice Page 27 of 27 Combined Synopsis/Solicitation Notice *= Required Field Combined Synopsis/Solicitation Notice Page 1 of 27 This is a combined synopsis/solicitation for commercial items in accordance with FAR part 13 prepared with the format in Subpart 12.6, as supplemented with additional information included in this notice. The acquisition strategy will be a Full and Open Competition to best meet the needs of the Government. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. (ii) Solicitation number 36C26221Q0171 is issued as a Request for Quotation (RFQ). (iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-04. (iv) This is a Full and Open Competition. This will be a firm fixed price award, provisions associated with this procurement; NAICS code 325412 and small business size standard is 1,250 employees. (v) The technical specifications are listed as brand name or equal (FAR 52.211-6 is applicable). For equal items, please include technical specifications of the ultrasound systems and components. If technical specifications showing how the equal product meets the salient characteristics are not included, your quote will be considered non-responsive. Item Number Description Quantity Unit of Measure 0001 PERIOD OF PERFORMANCE April 1, 2022 THROUGH SEPTEMBER 30, 2022 plus an option year 1 EA 0002 18-FDG buld 300 mCi in a shielded vial for the integro PET infusion system 350 EA 0003 F-18 Sodium Floride 12 mCi/dose 360 EA 0004 Vizamyl (9 mCi /dose) 20 EA 0005 18-FDG unit dose (12 mCi/dose) 150 EA 0006 Cu-64 Dotatate (5 mCi/dose) 170 EA 0007 Emergency Delivery Charges 20 EA 0008 A) Weekday - delivery time not to exceed 60 minutes from the time of telephone request during normal work hours. B) After hours, weekend, and holidays - delivery time not to exceed 90 minutes from the time of telephone request. 1 EA ****Please refer to Salient Characteristics for full details.**** NOTE: Potential offers must be aware that the items being acquired are procured as Brand Name or Equal. For those items that are or equal , a description of the salient characteristics outlined above. The FAR Clause 52.211-6 Brand Name or Equal applies to this acquisition. Any items quoted as equal not confirming to the requirements of clause 52.211-6 will be considered non- responsive and not considered for award. Vendor Requirements: 1. Vendor shall provide delivery. 2. Vendor shall provide original equipment manufacturer (OEM) comprehensive warranty on the product(s) starting from the first day of delivery. 3. Vendor provides guarantee equipment is free of defects. 4. Authorized distributor letter 5. FOB Destination delivery shall occur within 90 business days after award to the following destination address: Department of Veterans Affairs VA Los Angeles Healthcare System 11301 Wilshire Blvd. Los Angeles, CA, 90073. STATEMENT OF WORK 1. SCOPE All required doses shall be provided in accordance with the terms and conditions, and provisions of this solicitation for the period of April 1, 2022 thru September 30, 2022 plus an option year. Company providing services must provide dose labels compatible with the Nuclear Medicine information System (NMIS) computerized radio-pharmacy database. Company must provide storage, preparation, labeling and delivery of radiopharmaceuticals as requested. PARTICIPATING VA HEALTHCARE SYSTEM: VA Greater Los Angeles Healthcare System ATTN: Nuclear Medicine Service 11301 Wilshire Blvd. Los Angeles, CA 90073 2. ROUTINE ORDERS Routine orders require delivery the next business day, unless specified elsewhere in this contract. 3. EMERGENCY ORDERS An emergency delivery requires same day delivery and with the time specified during the placement of order. 4. LIST OF SUPPLIES Item Number Description Quantity Unit of Measure 0001 PERIOD OF PERFORMANCE April, 2022 THROUGH SEPTEMBER 30, 2022 plus an option year 1 EA 0002 18-FDG buld 300 mCi in a shielded vial for the integro PET infusion system 350 EA 0003 F-18 Sodium Floride 12 mCi/dose 360 EA 0004 Vizamyl (9 mCi /dose) 20 EA 0005 18-FDG unit dose (12 mCi/dose) 150 EA 0006 Cu-64 Dotatate (5 mCi/dose) 170 EA 0007 Emergency Delivery Charges 20 EA 0008 A) Weekday - delivery time not to exceed 60 minutes from the time of telephone request during normal work hours. B) After hours, weekend, and holidays - delivery time not to exceed 90 minutes from the time of telephone request. 1 EA 5. DELIVERY LOCATION, NORMAL WORK HOURS AND INSTRUCTIONS: Time of delivery specified or mutually agreed to at the time of receipt of telephone orders shall become mandatory upon the Contractor s acceptance to commitment. Delivery of supplies by the scheduled time will be complete except as otherwise authorized by Government personnel. If the Contractor cannot make delivery and an outside source must be utilized, the Contractor will be responsible for paying the difference in cost. VA GREATER LOS ANGELES HEALTHCARE SYSTEM (VAGLAHCS): Delivery Location Nuclear Medicine Service, Building 500, Room 0072 Normal Work Hours 8:00am to 4:00pm, Monday through Friday Instruction 1) Delivery requirement: Next day for routine orders. One and a half (1 ½) hours for emergency orders, including after hours, weekends, and holiday. 2) Items shall be bar-coded and compatible with existing network system provided by Pinestar Technology, called the NMIS. 6. UNIT DOSE ITEMS For unit-dose items, products shall be pre-drawn into a syringe, calibrated and delivered at time specified when ordered. The word Dose represents the maximum size potency per unit price; however, order may be less. 7. PACKAGING AND MARKING a) The contractor shall package, mark and transfer all radioactive material in accordance with all applicable local, state, and federal regulations. b) Items must be adequately packaged to prevent damage during shipping, handling, and storage. c) All outer packages must contain the complete purchase number, obligation number and contract number in addition to the shipping address. The purchase number and obligation number will be provided by the individual at the time of ordering. The contract number will be provided upon notice of contract award. d) Packaging List: A packing list/slip shall be enclosed with each shipment indicating the purchase/obligation and delivery order number, contract number, items/quality ordered and items/quality shipped. e) The Contractor shall provide MSDS sheets (Material Safety Data Sheets) and updates as necessary on all delivered products. 8. QUALITY ASSURANCE The quantity of radioactivity for supplied radiopharmaceuticals will not deviate more than + or 10% for therapeutic doses; = or 20% for imaging doses at the time of calibration, from the quantities specified. The Contractor will perform all quality control procedures on each radiopharmaceutical according to applicable requirements of licensing authorities and other regulating bodies. A copy of the results of the quality control procedures must be made available to VAGLAHCS upon request. In the event that a quality control or material defect is suspected and/or detected by the Point of Contact (POC), the Contractor will be requested to provide any consultation necessary to alleviate any said suspicion and/or defect by the following: Provide technical expertise in calibration. Provide professional examination of product; submit results and recommendations to the Point of Contact Make expedient replacement of any product suspected of being deficient. The Contractor shall make quality control records available to VAGLAHCS upon written request from the Point of Contact The Contractor must provide waste disposal at no additional charge of used radioactive dose syringes, vials, etc.; unless otherwise stipulated or prohibited by licensure or regulatory requirements. The Contractor shall provide any additional technical support deemed necessary for the technical staff, physicians, and patient education. Any recalled dose for any reason shall be credited to the Government for the full amount. Any individual doses shall be traceable to the original elution if requested by the Government as per VISN 22 pharmacy standards and regulations. Any dose deemed below standard by the facility shall be credited toward the account. This shall be determined by the Authorized User or POC. Substitutions or Generic Brands may only be used with the express permission of the facility. Items shall be bar-coded and be compatible with the existing NMIS System. The Contractor shall meet all requirements of regulatory agencies for deliveries of radioactive isotopes between facilities and shall strictly adhere to these requirements. Deliveries not properly handled according to regulations will not be accepted. The Contractor shall be responsible for all costs incurred for any radiopharmaceutical and nonradioactive items contracted must find alternate supplier for the contracted items. In the event of a manufacturer or pharmacy recall or quality assurance failure, the Contractor shall notify VAGLAHCS Nuclear Medicine Department immediately. A radio-pharmacist in the employ of the successful Contractor must be available to: Set-up the quality assurance program on the radiopharmaceutical preparations required by Food and Drug Administration (FDA), Nuclear Regulatory Commission (NRC), United States Pharmacopeia (USP), and the Joint Commission. Act as a reference source concerning questions on the regulation of radiopharmaceuticals. Provide reference services for research drugs and radionuclides under research protocols. Provide instruction (continuing education) to the technologists on new changes in radiopharmaceutical products and availability. 9. RECALLED AND DEFECTIVE PRODUCTS The Contractor will immediately notify the Point of Contact and Contracting Officer of any recalls of product or other important product safety issues. As appropriate, the Contractor will replace and/or reimburse recalled / defective products at no cost to the Government. The Contractor may be liable for costs of processing recalls, i.e. administrative and clinical services to replace recalled / defective products. 10. CERTIFICATION AND LICENSING REQUIREMENT Pharmacists employed by the Contractor shall be an authorized user on the Contractor s Radioactive Materials License. The Pharmacy of the Contractor shall be licensed by the State of Operation and by the Nuclear Regulatory Commission or Agreement State Agency. 11. SAFETY GUIDELINES AND REQUIREMENTS Delivery personnel shall be trained in Radiation Safety Techniques, Nuclear Regulatory Commission, Joint Commission safety guidelines and Department of Transportation requirements. 12. NATIONAL HOLIDAYS OBSERVED BY THE GOVERNMENT New Year s Day January 1 Martin Luther King s Birthday 3rd Monday in January Presidents Day 3rd Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veterans Day November 11 Thanksgiving Day 4th Thursday in November Christmas Day December 25th The President of the United States of America may declare additional days as a Federal holiday, and if so, this holiday will automatically be added to the list above. When a holiday falls on a Sunday, the following Monday shall be observed as a Federal holiday. When a holiday falls on a Saturday, the preceding Friday shall be observed as a Federal Holiday. 13. CONTRACTOR DELIVERY PERSONNEL All contractor personnel are required to wear clothing bearing the name of the Contractor and wear a badge that has the Contractor name. Contractor personnel must have a picture I.D. and must be able to speak English. 14. PARKING AND SPEED LIMIT Park only in areas designated by the POC or otherwise directed by Police and Security Service personnel. The Contractor shall display on each of its vehicles the company name in a size that is clearly visible. Upon receipt of award, the Contractor shall submit a list of employees and vehicles to the POC of each facility. The Contractor shall conform to the speed limit set at each Government facility. Should Contractor personnel receive a citation for parking, speeding or other infraction from VA Police and Security, the offenses will be handled in Federal Court as they are Federal offenses. 15. PLACEMENT OF VERBAL ORDERS Contractors shall provide on a separate sheet of paper, the name, location, and telephone number of the office where the participating VA facility/POC will call to place orders. 16. INVOICE AND PAYMENT No advanced payments will be authorized. The contractor shall submit invoices on a monthly basis. The invoice must have at a minimum, the contract number, assigned purchase order, assigned obligation number, date order was placed, date order was shipped, and any additional necessary detailed information to identify service rendered. Payment on invoice may be delayed in invoice(s) are not completed properly. 17. PERSONNEL POLICY The parties agree that the contract personnel working this contract shall not be considered VA employees for any purpose and shall be considered employees of the contractor. 18. SMOKING POLICY Smoking is permitted only in designated areas. Salient Characteristics Doses must be in capsule form; liquid form in a 1, 3, and 5 cc syringes (unit dose), or in a vial. Must be compatible with Nuclear Medicine Information System (NMIS Isotope tracking Software). FAR 52.212-1 Addendum: All offeror quotes for this solicitation must be received electronically through email no later than Friday, December 8 , 2021, 4:00 PM PST. Ensure to reference solicitation number 36C26221Q0171 within subject line of the email. Any offeror quotes received after the prescribed date/time shall be considered late and will not be considered for award. Any questions regarding this solicitation must be received electronically through email no later than Wednesday, December 3, 2021, 4:00 PM PST. Offers shall be sent by email to Hanan Chaaban at Hanan.Chaaban@va.gov. (ix) The provision at FAR 52.212-2, Evaluation -- Commercial Items (Oct 2014), applies to this solicitation. FAR 52.212-2 Addendum / Replacement: (a) The Government will award a contract resulting from this solicitation to the responsive and 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: Lowest priced quotation that meets all salient characteristics that is both responsive and responsible. Acceptability of equipment/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. 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 sixty days, 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) AUTHORIZED DISTRIBUTOR LETTER (ADL) Any suppliers, distributors and/or resellers who participate in this solicitation, must be authorized to provide the supplies by the Original Equipment Manufacturer (OEM). An Authorized Distributor Letter (ADL) from the manufacturer shall be included with your response to be considered for award. If the potential Authorized Supplier is not the OEM, the Authorized Supplier must provide an Authorized Distributor Letter from the OEM signed within the last 90 days. The letter must either state specific product(s) quoted or that the quoter is an authorized distributor for all of the manufacturer s products. This letter must be on the manufacturer s letterhead and contain the signature of an authorized official for the manufacturer. (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. 52.212-4 CONTRACT TERMS AND CONDITIONS COMMERCIAL ITEMS (OCT 2018) (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 indemn...
 

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SAM.gov Permalink
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Record

SN06188943-F 20211203/211201230117 (samdaily.us)
 

Source

SAM.gov Link to This Notice
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