mail or otherwise furnish a copy thereof to the Contractor. The decision of the Contracting Officer shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the Contractor mails or otherwise furnishes to the Contracting Officer a written appeal addressed to the Administrator of Veterans Affairs. The decision of the Administrator or his duly authorized representative for the determination of such appeal shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal.

Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the contract and in accordance with the Contracting Officer's decision.

b. This "Disputes" clause does not preclude consideration of law questions in connection with decisions provided for in paragraph a above: Provided, That nothing in this contract shall be construed as making final the decision of any administrative official, representatives, or board on a question of law.

11. Contingent fee. The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability, or, in its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.

or

12. Contractor represents. a. The Contractor represents (1) that he has, □ has, not, employed or retained any company person (other than a full-time bona fide employee working solely for the Contractor) to solicit or secure this contract, and (2) that he has, has not, paid or agreed to pay any company or person (other than a fulltime bona fide employee working solely for the Contractor) any fee, commission, percentage or brokerage fee, contingent upon or resulting from the award of this contract; and agrees to furnish information relating to (1) and (2) above as requested by the Contracting Officer. The term "bona fide employee" as used herein is as specified in

Title 41, Chapter 1, Subpart 1-1.5 of the Code of Federal Regulations.

b. The Contractor represents that he has, has not, participated in a previous contract or subcontract subject to the Equal Opportunity Clause herein and Executive Order No. 11246 of September 24, 1965; and he has, has not, filed all required compliance reports; and that representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained prior to subcontract awards.

13. Examination of records. The following clause shall be included in all contracts in which the cost to the VA will exceed $2,500:

EXAMINATION OF RECORDS

The Contractor agrees that the Comptroller General of the United States or any of his duly authorized representatives shall, until expiration of 3 years after final payment under this contract, or of the time periods for the particular records specified in Part 1-20 of the Federal Procurement Regulations (41 CFR Part 1-20), whichever expires earlier, have access to and the right to examine any directly pertinent books, documents, papers and records of the Contractor involving transactions related to this contract.

14. Authority. This contract is entered into under the authority of 38 U.S.C. 4117, and is negotiated under the authority of § 1-3.204 of the Federal Procurement Regulations. Approved and accepted for

§ 8-16.9502-1 Use of appendixes in scarce medical specialist services contracts.

a. The initial services and the cost of each service to be rendered by the contractor will be listed in the format illustrated in § 816.9502-2, designated "Appendix A" and made a part of the contract. Each succeeding listing which either adds to or deletes from the initial or subsequent listings will be covered by a contract amendment and will be designated as "Appendix B", "Appendix C", etc.

b. In negotiating the cost to be paid by the Veterans Administration for each service furnished by the contractor, contracting officers will assure themselves that the prices charged are equitable and just.

§ 8-16.9502-2 Format for appendixes to scarce medical specialist services contracts.

SCARCE MEDICAL SPECIALIST SERVICES TO BE FURNISHED BY THE GEORGE WASHINGTON UNIVERSITY MEDICAL SCHOOL TO THE VETERANS ADMINISTRATION HOSPITAL, 50 IRVING STREET, WASHINGTON, D.C.

Services

1. Furnish the services of

full-time equivalent radiologists to perform necessary radiological service which will include but not be limited to:...

(1) Consultations referable to radiology.
(2) Fluroscopy.

(3) Interpretation of radiographic interpreta-
tions.

2. Furnish the services of 1 (2)..

full-time equivalent physicians to perform necessary pathological service, which will include but not be limited to:......

(1) Providing professional direction of the support personnel employed by the VA hospital.

(2) Anatomic and clinical pathology.

(3) Participation in conferences and clinical teaching.

Cost

1 (2)

1 Enter number of full-time equivalent specialists to be contracted for.

2 Enter cost of each service.

§ 8-16.9503 Exchange of use of specialized medical resources.

the

The Veterans Administration Hospital 1 (hereinafter called the VA) and 2 (hereinafter called the -2) agree, in accordance with the terms and conditions of this contract, to furnish to each other the resources as specified in the appendixes attached to this contract. The initial listing of resources shall be identified as "Appendix A" and each succeeding appendix as "Appendix B", "Appendix C", etc. Each such appendix shall be attached to and become a part of this contract.

1. Resources. a. The resources specified in any of the attached appendixes may be added to or terminated by written amendment to this contract. The amendment will be prepared by the VA Contracting Officer and, prior to becoming effective, shall be approved by the VA Chief Medical Director or his designee and the Contracting Officer of the

2

b. The resources specified in the appendixes to this contract shall be furnished by the VA, subject to the limitations in para

Enter the name and address of the VA Hospital.

2 Enter the name of the Hospital, University Medical School or Medical Installation.

2 when

graph 6 hereof, and the requested by means of an individual written request which has been authorized by 3 or their authorized designees.

2. Period covered. This contract when accepted by the Contractor and the VA Contracting Officer shall be effective from ' through

3. Termination. This contract will remain in force during the period stated unless terminated at the request of either party after thirty (30) days' notice in writing. To the extent that this contract is so terminated, each party will be liable only for payment in accordance with the payment provisions of this contract for services rendered prior to the effective date of termination.

4. Payment. a. Each party hereto agrees to reimburse the other on a unit basis for resources furnished at the prices listed in the appendixes to this contract.

2 to

c. Billings rendered by the the VA for services furnished a VA beneficiary under the terms of this contract shall be billings in full. Neither the beneficiary, his insurer nor any other third party shall be billed.

d. Net payment procedures, when approved by both Contracting Officers, may be used. Under this arrangement, payment will be made by either party to this contract only for the net difference between the amount due for resources furnished and resources received, i.e., if either party receives resources which require payment in excess of the amount of reimbursement due from the other party only the net difference will be paid. Itemized billings will be submitted by each party for resources furnished.

5. Qualifications. The physicians furnished by the parties to this contract must be licensed to practice in a State, Territory, or Commonwealth of the United States or the District of Columbia.

6. Use of VA facilities. To preclude the possibility of denying or delaying the care and treatment of an eligible veteran, VA facilities will be shared only to the extent that there will be no reduction in the service to the veteran.

7. Exchange of data. Clinical or other medical records pertaining to the patients shall be exchanged.

Enter the title of the Authorizing Official of each party to the contract.

Enter the beginning and ending dates. "Enter frequency, i.e., monthly, quarterly,

etc.

8. Officials not to benefit. No Member of or Delegate to Congress, or Resident Commissioner, shall be admitted to any share or part of this contract, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit.

9. Equal opportunity. a. Each party to this contract agrees to furnish the resources specified in the appendixes hereto without regard to the race, color, religion, sex or national origin of the person for whom such resources are ordered.

NOTE: When it is determined by the VA Contracting Officer that the funds to be expended by the VA under this contract will exceed $10,000, the following clauses shall be included in the contract:

b. VA Form 07-2135, Equal Opportunity Clause for Government Contracts, is attached to and made a part of this contract. c. Certification of Nonsegregated Facilities.

has in its employ 50 or more employees, the following clause shall be included in the contract.

d. Affirmative Action Compliance Program.

(1) The 2 shall develop and maintain, within 120 days after the award of this contract, a separate written affirmative action compliance program for each of its

establishments. The

2 shall require each Subcontractor having 50 or more employees to whom a subcontract, amounting to $50,000 or more, is awarded to develop and maintain within 120 days after the award of such subcontract, a separate written affirmative action compliance program for each of the Subcontractor's establishments.

(2) Each affirmative action program shall be developed in conformity with the Rules and Regulations of the Office of Federal Contract Compliance, U.S. Department of Labor (Title 41, Part 60-2, Chapter 60, Code of Federal Regulations). Each program shall be maintained at the local office responsible for personnel matters of the particular es

2 Enter the name of the Hospital, University Medical School or Medical Installation.

tablishment and shall be made available for inspection by representatives of the Office of Federal Contract Compliance, or such agency as may be designated as the Compliance Agency, upon request.

(3) The offeror certifies by completing whichever of the following is appropriate that he regularly employs:

(i) Less than 50 employees.

(ii) 50 or more employees and maintains a written affirmative action program for each of his establishments in accordance with Title 41, Part 60-2, Chapter 60 of the Code of Federal Regulations.

(iii) 50 or more employees and agrees to develop, within 120 days after award of this contract, a written affirmative action program for each of his establishments in accordance with Title 41, Part 60-2, Chapter 60 of the Code of Federal Regulations.

10. Disputes. a. In the event a dispute concerning a question of fact arises under this contract, which cannot be resolved by mutual agreement between the respective Contracting Officers, the

agrees to abide by the following procedures.

2

(1) The appropriate Contracting Officer shall render a decision in the disputed matter. The decision will be identified as a final decision, be in writing, and include a statement of facts in sufficient detail to enable the opposite Contracting Officer to fully understand the decision and the basis on which it was made. It will be in the form of a statement of the claim or other description of the dispute with necessary references to the pertinent contract provisions. It will set forth those facts relevant to the dispute with which the Contracting Officers are in agreement and, as clearly as possible, the area of disagreement. It shall also contain the following:

"The Veterans Administration Contract Appeals Board (VACAB) is the authorized representative of the Administrator for hearing and determining such disputes. The rules of the VACAB are published in § 1.774, Title 38, Code of Federal Regulations."

(2) The decision of the Contracting Officer shall be final and conclusive unless, within 30 days after the receipt of a final decision, the Contracting Officer to whom the decision was rendered mails or otherwise furnishes to the rendering Contracting Officer a written appeal from the decision. The written appeal shall be addressed to the Administrator of Veterans Affairs.

(3) The decision of the VACAB with respect to the disputed matter shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, capricious, arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence.

b. Pending final decision of a dispute hereunder, the parties shall proceed diligently with the performance of the contract and in accordance with the Contracting Officer's decision.

c. This "Disputes" clause does not preclude consideration of law questions in connection with decisions provided for in paragraph a(1) above: Provided, That nothing in this contract shall be construed as making final the decision of any administrative official, representative, or board on a question of law.

11. Contingent fee. The Contracting Officers warrant that no person or selling agency has been employed or retained to solicit or secure this agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the parties for the purpose of acquiring business. For breach or violation of this warranty, the parties shall have the right to annul this agreement without liability, or, in its discretion, to deduct from the agreed price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

12. Examination of records. The following clause shall be included in all contracts in which the cost to the VA will exceed $2,500:

EXAMINATION OF RECORDS

The Contractor agrees that the Comptroller General of the United States or any of his duly authorized representatives shall, until expiration of 3 years after final payment under this contract, or of the time periods for the particular records specified in Part 1-20 of the Federal Procurement Regulations (41 CFR Part 1-20), whichever expires earlier, have access to and the right to examine any directly pertinent books, documents, papers and records of the Contractor involving transactions related to this contract.

§ 8-16.9503-1 Use of appendixes in exchange of use of specialized medical resources contracts.

a. The initial resources and the cost of each such resource will be listed in the format illustrated in § 8-16.9503-2, designated "Appendix A" and made a part of the contract. Each succeeding listing which either adds to or deletes from this listing will be covered by a contract amendment and will be designated as "Appendix B", "Appendix C", etc.

b. In negotiating the cost to be paid by each party to the contract for each resource furnished, contracting officers will be guided by the provisions of 38 U.S.C. 5053(b) which states in part:

"Arrangements entered into under this section shall provide for reciprocal reimbursement based on a charge which covers the full cost of services rendered, supplies used, and including normal depreciation and amortization costs of equipment."

c. The factors involved and the formula for arriving at such costs are set forth in Manuals M-1, Part I, and DM&S Supplement, MP-4, Part V.1

[35 FR 17252, Nov. 10, 1970, as amended at 36 FR 8953, May 15, 1971]

1 Available in any Veterans Administration station.

33-137 0-84-9