ATTACHMENT C - CONTRACT CLAUSES NX EQ Image-Guided Surgical Navigation System

ATTACHMENT C – CONTRACT CLAUSES

36C10X27R0004 | NX EQ Image-Guided Surgical Navigation System

SECTION C - CONTRACT CLAUSES

This contract is awarded pursuant to the Government-wide class deviation implementing the Revolutionary FAR Overhaul (RFO). The RFO-deviated FAR governs all FAR parts, provisions, and clauses incorporated into this contract. In the event of conflict between the standard FAR and the RFO-deviated FAR, the RFO-deviated FAR controls. This clause supplements the Order of Precedence clause in this contract, and the RFO-deviated FAR takes precedence over any inconsistent solicitation language carried forward into the contract.

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have 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 following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.1 EPO 18-01 EPO SERVICE LEVEL AGREEMENT FEE AND SUBMISSION

OF QUARTERLY SALES REPORTS: OPEN MARKET (JAN 2016)

a.

Service Level Agreement Fee.

The Service Level Agreement (SLA) fee is established by the Supply Fund Board and is provided as a means of reimbursement for customary acquisition-related services necessary to obtain contractor services and/or supplies as required. The SLA is reimbursed to the EPO based on rates established by the supply fund board and are recouped based on a percentage of total quarterly sales. The Supply Fund Board may change the percentage at any time, but typically not more than once per year. Upon a change in the SLA, the Contracting Officer (CO) shall issue a unilateral modification to apply the change to CLIN prices based upon the SLA rate change. The EPO will provide reasonable notice prior to the effective date of the change. In order to facilitate SLA reimbursement, offerors must include (imbed) the SLA fee into their prices; therefore, the fee will be reflected in the total amount charged and transparent to ordering activities.
The current SLA which applies to this contract action is 3.0%. This SLA Fee shall be imbedded in the awarded contract/agreement price(s) and offers submitted in response to this solicitation shall include this SLA Fee in the price of every line item offered.
b.

Quarterly Sales Reports.

The Contractor shall report all contract sales under this contract and submit collected