8.  This BOA is not a contract and nothing contained herein is intended to imply and shall not be interpreted as implying any agreement by the Government or any ordering activity specified in this BOA to place future contracts or orders against this BOA.

In order to track compliance, VA requires the contract to submit the report in a prescribed format. For your reference, a copy of the required format is provided as an attachment. At time of award, VA will provide the Contractor with an electronic copy of the template that shall be used for all sales reports.

1. Delivery shall be no later than 20 days after receipt of order.

2. All supplies shipped to Destinations within the continental United States shall be F.O.B. Destination,

3. All supplies shipped to destinations outside the continental United States shall be F.O.B. Origin, Freight Prepaid. Transportation charges will be billed as a separate item on the invoice for each shipment made. A copy of the pertinent bill of lading, shipment receipt, or freight bill shall accompany the invoice unless otherwise specified in the order.

4. Payment Terms are Net 30 Days. Invoices shall be forwarded to the payment address noted on the purchase orders issued under this BOA.

5. Facilities shall place orders by telephoning 800-236-3223. Customer service representatives will facilitate all ordering requirements.  Orders may also be placed by calling 919-256-4221.

6. The Government commercial credit card will be accepted for direct delivery orders.

a. AS1 531 PAYMENT BY PURCHASE CARD (JULY 2000)

(a) Definitions. Government commercial purchase card means the uniquely numbered credit card issued by one of the five contractors under GSA's SmartPay contracts, to named individual Government employees to pay for official Government purchases.

Oral task or delivery order means an order placed orally either in person or by telephone, which is paid for by Government commercial purchase card.

(b) At the option of the Government and if agreeable to the Contractor, payments of $25,000 or less for oral or written delivery orders may be made using the Government commercial purchase card.

(c) The Contractor shall not process a transaction for payment through the purchase card clearinghouse until the purchased supplies have been shipped or services performed. Unless the cardholder requests correction or replacement of a defective or faulty item in accordance with other contract requirements, the Contractor shall immediately credit a cardholders account for items returned as defective or faulty.

b. AS1 532 ACCEPTANCE OF GOVERNMENT PURCHASE CARD (JULY 2000)

AS 1 531 Payment by Purchase Card, establishes use of government purchase card as another means for payments of supplies ordered against Basic Ordering Agreements. Offerors are requested to indicate (by placing a check mark at the beginning of one of the following paragraphs) whether they will accept the purchase card as a method of payment when used by the ordering agencies.

(a) I will accept the government purchase card and offer the following discount for all orders placed using the purchase card: 0 %.

(b) I will accept the government purchase card, but elect not to offer any discount for orders placed using the purchase card.

(c) I elect not to accept the government purchase card for payment for supplies issued against the Basic Ordering Agreement.

Part IV - Indirect Delivery/Med/Surg Prime Vendor 1. Introduction

The Department of Veterans Affairs (VA) acquires Med/Surg requirements through its Med/Surg Prime Vendor (MSPV) distribution program. Under this program, VA awards separate contracts for the product distribution service and a separate contract for the source of supply and purchase price of the product itself. As VA is fully committed to full utilization of this program, this BOA provides for the alternative delivery through the MSPV program. The following terms and conditions are applicable for products distributed through the MSPV program.

2. Commercial Agreement

The contractor shall establish a commercial agreement with each of the identified MSPV contractors within 30 days from the effective date of this BOA or within 30 days of incorporating as new contractor under the MSPV program. Contractor shall ensure that sufficient inventory is available and chargeback agreements with the MSPV are in place within the above stated time to permit MSPV to dispatch shipments from their distribution facilities to ordering activities. Chargebacks, if any, under this BOA shall be handled in accordance with current National Wholesale Druggist's Association (NWDA) Chargeback Standards. The Government will not become involved in this area. Questions concerning the NWDA Chargeback Standards should be referred to NWDA, P.O. Box 238, Alexandria, VA 22313. Contractor shall notify this office within 15 days from receipt of this BOA is an agreement cannot be reached.

3. Orders

Orders shall be placed by the ordering activities with the applicable MSPV contractor. The contractor shall receive the facility's order from the MSPV contractor. The terms and conditions of receipt and acceptance shall be agreed upon between the contractor and MSPV. The Government shall not become involved.

4. Delivery/Payment

Delivery of products described herein are to be made to the Distribution Center of the MSPV listed in Attachment A to this BOA. Some of these MSPV have multiple distribution centers. This list represents only the MSPV contractors to date as these contractors may change within the BOA period of performance. The contractor will be notified when such changes take place. Other requirements for time, place, method of delivery or performance, and payment shall be determined between the contractor and the MSPV contractors listed in Attachment A.

Either party may terminate this agreement at any time by giving to the other written notice of its intent to do so, not less than 30 days prior to the effective date of the termination.