6515--ISTAT SYSTEM Blanket Purchase Agreement (BPA) Base 4 year
Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice Page 21 of 21 Combined Synopsis/Solicitation Notice *= Required Field Combined Synopsis/Solicitation Notice Page 1 of 21 (i)... Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice Page 21 of 21 Combined Synopsis/Solicitation Notice *= Required Field Combined Synopsis/Solicitation Notice Page 1 of 21 (i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) 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 36C26225Q0241 is issued as a Request for Quotation (RFQ). (iii) The provisions and clauses in this document are in effect through the Federal Acquisition Circular. (iv) This solicitation is UNRESTRICTED using NAICS Code 3345140 having a size standard of 1,250 employees. Description/Statement of Work The Department of Veterans Affairs (VA), VISN 22 Network Contracting Office, is seeking to procure an ISTAT System that meets the following Statement of Work and specifications for the VA San Diego Healthcare System. This contract will be a Blanket Purchase Agreement (BPA) with a Base + 4 option years (5 years). **Abbott Laboratories** CONTRACT LINE ITEM & DESCRIPTION Quantity EG7+ iSTAT CARTRIDGE / 03P76-25 9000 CHEM8+ iSTAT CARTRIDGE / 09P31-26 4000 ACTk iSTAT CARTRIDGE / 03P87-25 2000 cTnl iSTAT CARTRIDGE / 03P90-25 2000 Statement of Work IStat Point of Care 1. SCOPE: 1.1 Contractor shall provide all equipment, reagents, standards, controls and any other item required for the proper operation of its contractor owned analyzers and peripherals necessary for the generation of a combination of the following test results: blood gas (arterial, venous, mixed venous), chemistry testing (glucose, creatinine, Sodium, Potassium, chloride, BUN, ionized calcium), Hemoglobin/hematocrit, Troponin, Kaolin Activated Clotting Time cost per test (CPT) services on behalf of the VA San Diego Health Care System (VAHCS), 3155 La Jolla Village Dr, San Diego, CA, 92161. Services shall be required for a base one year period with four one-year options for renewal. 1.2 Analyzers are specialized instruments for the testing of specific parameters of whole blood for therapeutic monitoring and routine screening. The analyzer(s) offered by the contractor shall be portable, bedside units for use primarily in the clinical areas of the hospital. Services shall be provided to the VA San Diego Pathology & Laboratory Medicine Service (P&LMS) in San Diego CA, 92161. 2. DEFINITION/ACRONYMS: 1. Cost Per Test (CPT): The loaded cost charged to the VA by the contractor each time the equipment is used by the VA. The loaded cost shall be all inclusive and incorporate, as a minimum, the following: (a) Equipment use (b) All reagents, standards, controls, supplies, parts, accessories and any other item required for the proper operation of the contractor s equipment (c) Any software or program necessary for data management (d) Any middleware necessary for the generation and reporting of a test result in VISTA. This middleware must be capable of supporting other instrumentation in the resulting of tests at the Point of Care (e.g. glucometers, blood gas coox analyzers, etc.) (e) All necessary maintenance to keep the equipment in good operation condition (this element includes both preventive maintenance and emergency repairs) (f) Training for Government personnel. Contractors are required to provide delivery, installation and removal of equipment at no additional charge. 2. San Diego Health Care VA System 3. CAP - College of America Pathologists 4. JC Joint Commission 5. QC Quality Control 3. GENERAL REQUIREMENTS: 3.1 Offered models of clinical laboratory analyzers shall be capable of producing accurate and reproducible assays on blood by established in vitro diagnostic methods. Models shall provide accurate test assay results for sample specimens up to the manufacturer s defined maximum test per hour without excessive malfunctions, breakdowns, or service calls. 3.1.1 Offered equipment shall be current state-of-the-art equipment. Remanufactured and discontinued models will not be accepted. 3.1.2 The awarded contractor shall provide all upgrades to the equipment hardware and operating system software, at no additional cost to the Government. The contractor shall provide or include in the Cost per Test technical support for the software programs required for data management and interfacing results into VISTA. These enhancements shall be delivered and installed at each participating VISN 22 medical facility within 60 days of issuance to the commercial market. 3.1.3 The models being offered shall be in current production as of the date this offer is submitted. For purposes of this solicitation, current production shall mean that the clinical laboratory analyzer model is being manufactured as new equipment. Discontinued models that are only being made available as remanufactured equipment are not acceptable. 3.1.4 An operator s manual shall be furnished with each instrument supplied to VA and updates to the manual shall be provided in a timely manner. 3.1.5 Contractors offered analyzer shall conform to all facilities existing space constraints. The hand held portable point of care unit, capable of being used at the bedside, provided by the contractor shall fit within an approximate 12 X 12 X 12 space. 3.3 In the event that the consumables are found to be defective and unsuitable for use with the contractor s equipment, or the contractor has failed to comply with the requirements for routine supply delivery, the contractor shall deliver the consumable supplies within a period of twenty-four hours after receipt of the verbal order for priority delivery from the Government activity. If either circumstance has occurred, the contractor shall deliver to all participating facilities in the most expeditious manner possible, without additional cost to the Government, the necessary consumables in sufficient quantity as required to allow operation of the contractor s equipment for one week (under normal Government test load volume). If additional requests for emergency supply delivery are required by the Government, they will be honored by the contractor until the arrival at the Government site of the monthly standing order/routine supplies delivery. Failure to reserve adequate inventory may result in default. 3.4 Inventory Control Reagents, Supplies and Disposable: The contractor shall maintain on Government provided space a continuously stocked inventory of reagents, standards, controls, supplies, and any other material required to properly perform tests on the offered equipment. These items shall be of the highest quality ensuring sensitivity, specificity and tested to assure precision and accuracy. The quality of the products shall be high enough to satisfy proficiency testing standards of the College of American Pathologists (CAP) and the Joint Commission (TJC). 3.5 Maintenance and Repairs: 3.5.1 With the exception of the specific maintenance and repair requirements stated herein, which shall have precedence; preventive maintenance, emergency repair, maintenance credit for equipment malfunction, and replacement laboratory equipment shall be performed and provided in accordance with the terms, conditions, and provision of contactor s existing Federal Supply Service Contract for performance of CPT services as stated in Subsection III of the VA National Acquisition Center contract requirements Solicitation (RFP 797-FSS-03-0001). 3.5.2 Emergency repairs shall be performed after initial telephone notification that the equipment fails any parameters. The contractor shall provide the Government with a designated point of contact and telephone number and shall make arrangement to enable his maintenance representative to receive such notification. 3.5.3 The contractor shall repair or replace (replace defined as in place and functioning in the facility), at any/all locations specified in the Statement of Work, any malfunctioning equipment within forty eight (48) hours after receipt of initial telephone notification of a malfunction. Contractor shall provide maintenance coverage 24-hours per day, seven days per week including all Federal holidays for VA Health Care System in San Diego. Contractor shall provide technical support service to assist in troubleshooting 24-hours per day, seven days per week including Federal holidays. 3.5.4 In-addition to above the contractor shall furnish a malfunction incident report to the installation upon completion of each repair call. The report shall include, as a minimum, the following: Date and time notified Date and time of arrival Serial number, type and model number(s) of equipment Time spent for repair Description of malfunction and repair, and Proof of repair that includes documentation of a sample run of quality control verifying acceptable performance. 3.5.5 During the term of the BPA, should the repair record of any individual piece of laboratory equipment reflect a downtime of 5% of greater of the normal working days in one calendar month, a determination will be made by the designated representative of the Government at the using facility to replace the initial laboratory equipment with new equipment. The responsibility for maintaining the equipment furnished in good condition in accordance with manufacturer s instruction, shall be solely that of the contractor. Each instrument provided by the contractor shall maintain an uptime of 95% in each month of the term of the agreement. 3.5.6 Training: With the exception of the specific training requirements states herein, which shall have precedence; contractor shall provide training in accordance with the terms, conditions, and provisions of contractor s existing Federal Supply Service Contract for performance of CPT services as stated in Subsection IV of the VA National Acquisition Center contract V797P-7322A. 4. SPECIAL REQUIREMENTS: In addition to the general requirements for the Cost-Per- Test requirements states above, the contractor shall meet the following special requirements: 4.1 The contractor s unit shall have software/middleware that is fully VISTA compatible, capable of simultaneous data transfer from the unit to the VISTA system (without upgrade or other software modification), and all hardware /software necessary to transfer data into patient files in VISTA shall be provided at no additional cost to VA. 4.2. System shall provide appropriate quality control analysis system and all components necessary to interface with VISTA. 4.3 Shall have auto quality control to meet CAP standards (1 level per 8 hour shift) 4.4 Provide QC lock out and operator lock out 4.5 QC shall be available in Levy Jennings format, or statistical reporting available 4.7 Shall have ability to run venous, mixed-venous and arterial samples for blood gases 4.8 Shall provide a two (2) to three (3) minutes turnaround time for samples on most tests (Shall provide <5 minute turnaround for tests other than Troponin, ACT which should be <15 minutes.) 4.9 Shall provide data management of patient and QC results included with remote access 4.10 Shall be capable of operating at high altitudes with no interferences 4.11 Shall provide calibrations per CAP requirements 4.12 Require minimal maintenance 4.13 Shall provide ease of use 4.14 Shall have ability to correct for patient temperature, if required for ABG 4.15 Shall be easy to troubleshoot 4.16 All controls and calibrators shall be included in the CPT 4.17 Instruments shall be moveable for transport to bedside without recalibration 5. TRANSITION PERIOD: Upon award, the transition period for the awarded contractor to have all required analyzers, peripherals, consumables, training, correlation studies, reagents, controls, interfaces, etc., installed and fully operational shall be within 30 calendar days after award. Offerors shall provide with their proposal a plan for transitioning services from the incumbent contractor to the new awarded contractor. The contractor s submitted transition plan shall not exceed the required 30-day period contained herein. Failure of the contractor to conform to the transition period shall be considered as sufficient cause to terminate the contract for cause under the Termination for Cause clause of the contract. The VA shall have sole discretion in the decision to terminate for failure to comply. 6. TERMS AND CONDITIONS: With the exception of terms and conditions as stated herein, the contractor shall provide all equipment and service in accordance with the terms, conditions, provisions and schedule of the contractor s existing and future FSS Contract for performance of blood gas, blood chemistry, Troponin, ACT cost per test service for the VA San Diego Palms located at 3350 La Jolla Village Drive, San Diego, CA, 92161. 7. INFORMATION SECURITY AND PRIVACY: The C&A requirements do not apply, and a Security Accreditation Package is not required. 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 VA San Diego Healthcare System | 3350 La Jolla Village Dr. | San Diego CA, 92161 Period of Performance/Delivery Timeframe: Deliver items no later than 60 days from the award date. (viii) The provision at 52.212-1, Instructions to Offerors Commercial Items, applies to this solicitation. FAR 52.212-1 Addendum: All offeror quotes for this solicitation must be received electronically through email no later than Monday December 16, 2024 , 1:00 PM PST. Ensure to reference solicitation number 36C26225Q0104 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. Offers shall be sent by email to Carlo Manuel at Carlo.manuel@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 Gov...
Data sourced from SAM.gov.
View Official Posting »