36C24820Q1474_1.docx

36C24820Q1474

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C24820Q1474 09-10-2020 Camille Alderman 813-972-2000 x3133 09-23-2020

12PM

36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) 8875 Hidden River Pkwy Suite 525 Tampa FL 33637 X 334516 1000 Employees N/A X Department of Veterans Affairs James A. Haley Veterans Hospital (90C) 13000 Bruce B. Downs Blvd Tampa FL 33612 36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) 8875 Hidden River Pkwy Tampa FL 33637

Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-9971 See CONTINUATION Page Brand name or equal BD Bactec FX Blood Culture System Cost per test IAW Statement of Need under B.4.

Quoters please see Instructions under E.1 and Evaluation under E.2.

Questions in response to this solicitation are due no later than Tuesday September 15th 2020. Submit questions in bullted format and reference paragraph in statement of need.

See CONTINUATION Page X Camille Alderman Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) 8875 Hidden River Pkwy Suite 525 Tampa FL 33637

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-9971

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

BD BACTEC FX systems cost per test to include: equipment, supplies, computer, printer, reagents, service, maintenance, training, consumables and ancillary items required to produce high quality patient result and keep equipment in optimum condition.

All Line Items are Brand name or equal in accordance with the below Statement of Need under B.4.

Contract Period: Base POP Begin: 10-01-2020 POP End: 09-30-2021 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6640 - Laboratory Equipment and Supplies

BD BACTEC FX - Top Unit.

Contract Period: Base POP Begin: 10-01-2020 POP End: 09-30-2021 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): 441385

BD BACTEC FX - Bottom Unit.

POP Begin: 10-01-2020 POP End: 09-30-2021 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): 441386

NUC Computer.

POP Begin: 10-01-2020 POP End: 09-30-2021 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): 444165

BD BACTEC UPS.

POP Begin: 10-01-2020 POP End: 09-30-2021 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): 441549

SPECIMEN TUBE,BLOOD CULTURE,AEROBIC PLUS MEDIA,BACTEC

POP Begin: 10-01-2020 POP End: 09-30-2021 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): 442023

SPECIMEN TUBE,BLOOD CULTURE,LYTIC ANAEROBIC MEDIA,BACTEC

POP Begin: 10-01-2020 POP End: 09-30-2021 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): 442021

BD BACTEC FX systems cost per test to include: equipment, supplies, computer, printer, reagents, service, maintenance, training, consumables and ancillary items required to produce high quality patient result and keep equipment in optimum condition.

Contract Period: Option 1 POP Begin: 10-01-2021 POP End: 09-30-2022

BD BACTEC FX - Top Unit.

POP Begin: 10-01-2021 POP End: 09-30-2022 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing

BD BACTEC FX - Bottom Unit.

POP Begin: 10-01-2021 POP End: 09-30-2022 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing

NUC Computer.

POP Begin: 10-01-2021 POP End: 09-30-2022 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing

BD BACTEC UPS.

POP Begin: 10-01-2021 POP End: 09-30-2022 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing

SPECIMEN TUBE,BLOOD CULTURE,AEROBIC PLUS MEDIA,BACTEC

POP Begin: 10-01-2021 POP End: 09-30-2022 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing

SPECIMEN TUBE,BLOOD CULTURE,LYTIC ANAEROBIC MEDIA,BACTEC

POP Begin: 10-01-2021 POP End: 09-30-2022 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing

BD BACTEC FX systems cost per test to include: equipment, supplies, computer, printer, reagents, service, maintenance, training, consumables and ancillary items required to produce high quality patient result and keep equipment in optimum condition.

Contract Period: Option 2 POP Begin: 10-01-2022 POP End: 09-30-2023

BD BACTEC FX - Top Unit.

POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing

BD BACTEC FX - Bottom Unit.

POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing

NUC Computer.

POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing

BD BACTEC UPS.

POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing

SPECIMEN TUBE,BLOOD CULTURE,AEROBIC PLUS MEDIA,BACTEC

POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing

SPECIMEN TUBE,BLOOD CULTURE,LYTIC ANAEROBIC MEDIA,BACTEC

POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing

BD BACTEC FX systems cost per test to include: equipment, supplies, computer, printer, reagents, service, maintenance, training, consumables and ancillary items required to produce high quality patient result and keep equipment in optimum condition.

Contract Period: Option 3 POP Begin: 10-01-2023 POP End: 09-30-2024

BD BACTEC FX - Top Unit.

POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing

BD BACTEC FX - Bottom Unit.

POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing

NUC Computer.

POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing

BD BACTEC UPS.

POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing

SPECIMEN TUBE,BLOOD CULTURE,AEROBIC PLUS MEDIA,BACTEC

POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing

SPECIMEN TUBE,BLOOD CULTURE,LYTIC ANAEROBIC MEDIA,BACTEC

POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing

BD BACTEC FX systems cost per test to include: equipment, supplies, computer, printer, reagents, service, maintenance, training, consumables and ancillary items required to produce high quality patient result and keep equipment in optimum condition.

Contract Period: Option 4 POP Begin: 10-01-2024 POP End: 09-30-2025

BD BACTEC FX - Top Unit.

POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing

BD BACTEC FX - Bottom Unit.

POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing

NUC Computer.

POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing

BD BACTEC UPS.

POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing

SPECIMEN TUBE,BLOOD CULTURE,AEROBIC PLUS MEDIA,BACTEC

POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing

SPECIMEN TUBE,BLOOD CULTURE,LYTIC ANAEROBIC MEDIA,BACTEC

POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing

B.3 DELIVERY SCHEDULE

MARK FOR:

James A. Haley VA Hospital Warehouse 13000 Bruce B. Downs Blvd.

Tampa, FL 33612 4798 USA Anna Chetlain

813.972.2000 x4914 Anna.Chetlain@va.gov Equipment deliver within 60 days ARO Quoters, please provide your estimated delivery date in this block.

Page 1 of Page 1 of

B.4 STATEMENT OF NEED

1. GENERAL: The Contractor shall support all provided FDA-approved blood culture incubation and growth detection instrument systems including FDA-approved aerobic and anaerobic (plastic bottle) collection media supplies for patient blood culture specimen testing for the James A. Haley Veterans’ Hospital (JAHVH), Pathology & Laboratory Medicine Service, Microbiology Department, Tampa, Florida.

2. BACKGROUND: The JAHVH Microbiology Department of the Pathology & Laboratory Medicine Service has requirement for support of two (2) identically provided FDA-approved fully automated, walk-away blood culture incubation and growth detection instrument systems with at least 800 plastic bottle testing capacity with continuous monitoring technology, incubation, agitation and detection. The instruments must incorporate incubation and growth detection systems utilizing fluorescence detection technology in a closed system for the detection of bacteria, fungus and mycobacteria in patient aerobic and anaerobic blood culture specimens. Also, the systems must have exceptional media performance with documented dependable instrument reliability. In addition, the system must also provide algorithms for different bottle media types, low blood volume in blood culture collection bottles and slow growing pathogens for the detection of bacteria, fungus and mycobacteria for these patient blood specimens.

3. PURPOSE: The ability to detect bacteria, fungus and mycobacteria growth in patient blood specimens collected in FDA-approved plastic aerobic and anaerobic blood culture collection media bottles loaded on FDA-approved, fully automated, walk-away, blood culture incubation and growth detection instruments utilizing closed-system fluorescence detection technology. The instrument systems must provide algorithms for different blood culture bottle media types, low blood volume in blood culture collection bottles and slow growing pathogens for the detection of bacteria, fungus and mycobacteria for these patient blood culture specimens.

4. SCOPE: JAHVH is requesting contractors support their provided brand name or equal equipment that meets or exceeds the physical, functional and performance of the listed salient characteristics in this section. The equipment features are essential to the technical requirements to meet the needs of the government.

Scope inclusive of a) two identical FDA-approved laboratory analyzers or test systems, (b) all aspects of computer interfacing of all analyzer systems, (c) FDA-approved plastic aerobic and anaerobic blood culture collection media bottle supplies and, (d) computer, printer and accessories, including uninterruptible power supply (UPS) necessary to operate the contractor’s equipment, including hardware and software upgrades, training for personnel, equipment maintenance and parts necessary to fulfill the test requirements, as well as exceptional blood culture collection media performance with documented dependable instrument reliability for the life of the contract.

5. EQUIPMENT: Below are the salient characteristics of equipment and systems capable of meeting the VA needs. Vendor quote response must provide descriptive literature that meets the following specifications for FDA-approved blood culture incubation and growth detection instrument systems including FDA-approved aerobic and anaerobic (plastic bottle) collection media supplies for patient blood culture specimen testing requirements:

a. Supplies (plastic aerobic and anaerobic blood culture media collection bottles) including shipping costs.

b. Fully automated; onboard touchscreen computer in each instrument in the stack; vial-activated workflow, that is safe and reliable.

c. A continuous monitoring blood culture incubation and growth detection closed system offering performance, ease of use, standardized media quality and dependable, knowledgeable service.

d. The Blood Culture media must have documented and proven enhanced detection and recovery of isolates from blood cultures to help identify bacteremia episodes sooner.

e. The plastic blood culture collection bottles assortment must be readily available (no past history of prolonged backorders) and diverse enough to recover bacteria, yeast, fungus, and mycobacteria using a minimum of selections.

f. Plastic blood culture collection bottles that can be used with adapters that fit standard phlebotomy tubes.

g. Operator ability to scan patient blood culture specimen bottle barcodes and place on instrument in any sequence eliminating chance of error through bottle identification and position location mismatch.

h. Instrument must flag an error if patient blood culture specimen bottle barcode has already been read and registered onboard by instrument, thus not allowing for duplicate/mislabel bottle testing.

i. System shall feature a fluorescent sensor technology that allows for fully automated, walk-away testing using a continuous-monitoring closed-system that agitates and incubates the plastic blood culture bottles, resulting in earlier detection of positives.

j. System shall provide advanced algorithms for the individual plastic bottle types, for special circumstances such as low blood volume to detect slow growing organisms. These algorithms provide rapid detection of pathogens in blood culture.

k. Physical characteristics include compact modular design with a bottle capacity of 400 bottles per each stacked top and bottom unit instrument that is no heavier than 995 pounds with a footprint no greater than 3 feet by 3 feet each due to space constraints and no higher than 75 inches due to current staff physical limitations.

l. Total blood culture bottle capacity of at least 800 assorted blood culture bottle types per two (2) stacked top and bottom unit instruments. Total space required for 2 stacked (top and bottom units) instruments: length: 6 feet; width: 3 feet; height: 75 inches (6.25 feet).

m. Any special items required for maintaining the equipment, computer, printer and all accessories in optimal condition such as, but not limited to, validated UPS, surge suppressors, software and software upgrades, etc., will be the responsibility of the vendor. Any maintenance, time and materials needed to keep the special items in working order will be the responsibility of the vendor.

6. FUNCTIONAL AND PERFORMANCE CHARACTERISTICS: Must provide the following functional and performance capabilities to ensure equipment is utilized and maintained according to requirements of the system:

a. All models shall perform satisfactorily at any laboratory temperature between 68- and 95-degrees F (20 and 35 degrees Celsius).

b. All models shall perform satisfactorily at any laboratory relative humidity of 10 to 70%.

c. Maintain, support and repair or replace all provided equipment, instrumentation, parts, stands, computer (hardware and software), printers, accessories and shipping costs necessary to keep the blood culture incubation and growth detection systems in good operating condition.

d. Perform preventative and provide routine maintenance schedule per manufacturer’s guidelines.

e. Complete all operational hardware and software upgrades.

f. Provide Operator’s and service manuals for each model supplied (may be available in electronic format).

g. Instrument service to be provided weekdays, 8:00AM – 5:00PM, excluding Federal Holidays. Expected response to service call time from initial call to vendor to service engineer arriving on site should be no more than one (1) Business Day.

h. 24/7 Technical Support Hotline must be available for in-house troubleshooting.

The Cost per-test includes costs covering (a) use of equipment and FDA-approved instruments including computer, printer, accessories and UPS (reagent rental), (b) all aspects of computer interfacing of both analyzer systems, (c) FDA-approved aerobic and anaerobic blood culture plastic collection media bottle supplies, (d) all maintenance and parts to keep the equipment in good operating condition, (e) operational hardware and software upgrades, (f) user training for government personnel, (g) preventive maintenance per manufacturer’s recommendations, (h) complete service support. Contractor is required to provide delivery and installation of any required equipment at no additional charge. All work is to be performed in accordance with the guidelines established by Federal, State and local ordinances, with the FDA and manufacturer’s guidelines, and with all terms, conditions, provisions, schedules and specifications provided herein.

The contractor will provide support for all their provided analyzers or testing systems including parts and all operational upgrades to the equipment hardware and operating system software that materially affects the performance of the equipment, without additional charge to the government. These enhancements to the contractor’s equipment shall be delivered to the government site and installed by the contractor within 60 days of their issuance or date of first commercial availability.

Site Preparation specifications shall be furnished in writing by the contractor as part of the quote. These specifications shall be in such detail as to ensure that the provided equipment shall operate efficiently and conform to the manufacturers claimed specifications. The government shall prepare the site at its own expense and in accordance with the specifications furnished by the contractor. Any alterations or modifications in site preparation which are attributable to incomplete or erroneous specifications provided by the contractor which would involve additional expense to the government, shall be made at the expense of the contractor.

Ownership of Equipment shall remain with the contractor for the life of the contract. All equipment accessories (hardware and software) furnished by the contractor shall accompany the equipment when returned to the contractor. The contractor, upon expiration of order(s) at termination and/or replacement of equipment, will remove the equipment and turn in any hard drives containing VA sensitive information to VA IT. The contractor will disconnect the equipment and will be responsible for all packing, shipping and charges required to remove the equipment within ten business days.

The standard and acceptance of performance shall end on the earlier date of when a certificate of acceptance has been signed or the equipment has met the standard of performance for a period of 30 consecutive calendar days by operating in conformation with the contractor’s technical specification or as quoted in any contract at effectiveness level of 90% or more. In the event the equipment does not meet the standard of performance during the initial 30 consecutive calendar days, the standard of performance test shall continue on a day-by-day basis until the standard of performance is met for a total of 30 consecutive days.

Operational use time for performance testing for a system is defined as the accumulated time during which the equipment is in actual use. System failure downtime is that period of time when any machine in the system is inoperable due to equipment failure. Downtime for each incident shall start from the time the government makes a bona fine attempt to contact the contractor’s designated representative at the prearranged contact point until the system or machine(s) is returned to the government in proper operating condition.

During the performance period for a system, a minimum of 100 hours of operational use time with productive or simulated work will be required as a basis for computation of the effectiveness level. However, in computing the effectiveness level, the actual number of operational use hours shall be used when in excess of the minimum of 100 hours. The government shall maintain appropriate daily records to satisfy the requirements of this paragraph and shall notify the contractor in writing of the date of the first day of the successful performance period. Operations use time and downtime shall be measured in hours and whole minutes.

7. GOVERNMENT’S RESPONSIBILITY: The user will perform daily routine operator maintenance and cleaning as required in the manufacturer’s operation and maintenance instructions.

8. TRAINING OF OPERATING PERSONNEL: The contractor shall provide the services of a qualified technical person, at the time of any equipment installation and at such time designated by Contracting Officer's Representative (COR) for on-site orientation and training for designated personnel in: (1) operation and care of equipment; (2) techniques and procedures recommended by manufacturer to achieve maximum dependable, efficient, and economical utilization of equipment. This training shall include actual demonstration and operation of the equipment including any adjustments or other actions which may be undertaken by operating personnel in the event of failure of equipment, provided that such adjustment or action will in no way jeopardize the Government's rights under contract guarantee clause. If available, off-site training is to be provided for 2 designated personnel initially and 2 additional training slots per year for each subsequent contract year at no additional cost to the VA.

9. PERFORMANCE, DELIVERY, INSPECTION AND ACCEPTANCE:

a. Supply Delivery terms, Quality of Supplies: The VA shall require the delivery of supplies required under this contract. Contractor shall deliver supplies from monthly call orders placed by JAHVH representative. The contractor will assure that all supplies provided/ordered for use on their equipment will be FDA-approved and of high-quality necessary to produce accurate and reliable patient results. The FDA-approved supply quality must be high enough to satisfy proficiency testing standards of the College of American Pathologists (CAP) and Joint Commission (JC).

b. Installation procedures: The contractor shall be responsible for installation, which consists of in-house delivery, positioning, and mounting of any required equipment listed on the delivery order and connections of all equipment and interconnecting wiring and cabling, if applicable. Upon receipt of notice to proceed with installation, it shall be the contractor's responsibility to inform the CO and COR of any problems which may be anticipated in connection with installation or which will affect optimum performance once installation is completed. In the event progress of the installation is interrupted through no fault of the contractor, the installation may be suspended until such time as the cause of delay has been eliminated. The Contractor shall resume the subject installation within one (1) Business Day after the contractor has been notified.

10. MAINTENANCE: The contractor shall provide maintenance (labor, parts and shipping) to keep the equipment in good operating condition and subject to security regulations. The government shall provide the contractor access to the equipment to perform maintenance services. Preventive maintenance by contractor will provide regular, scheduled maintenance to assure the continued reliable operation of the equipment. These preventive maintenance visits shall be of a frequency that conforms to the manufacturer’s operation and maintenance instructions for the supported equipment.

11. SERVICE: Emergency repairs shall be performed within one (1) Business Day after notification that the equipment is inoperative. The scheduled maintenance and service shall be performed by a qualified engineer with notice to the COR. JAHVH normal business hour are 8:00AM – 5:00PM excluding weekends and Federal Holidays. Telephone response does not satisfy this requirement. The contractor shall provide the government with a designated point of contact and shall arrange to enable his maintenance representative to receive such notification. The contractor will provide all parts, labor and shipping needed to repair the malfunction. The travel, per diem and other expenses associated with the repair will be borne by the contractor. Otherwise, all services will be performed at no charge to the Government during this period.

The contractor shall furnish a malfunction incident report to the installation upon completion of each maintenance call. The report shall include, at a minimum, the following: (a) date and time of notification, (b) date and time of arrival, (c) serial number type and model number(s) of equipment, (d) time spent for repair, (e) description of malfunction and (f) proof of repair. Parts (e) and (f) shall be written verification of quality control for a sample run.

12. TRAINING AND TECHINCAL UPGRADES: Vendor will provide on-site training for designated personnel and, if available, off-site training, for 2 designated personnel initially and 2 additional training slots per year for each subsequent contract year at no additional cost to the VA. Contractor is to provide a one-time training for operating personnel at installation of equipment. Contractor shall provide supplemental operating training to the government personnel, without additional charge to the government, upon installation of an upgrade in equipment hardware or operating system software connected with the operation of an instrument already furnished.

13. WARRANTY OF EQUIPMENT: Government requirement for standard manufacturer industry warranty term. Government does not accept extended warranty, which requires advance payment.

14. DELIVERY SCHEDULE: All equipment to be delivered within sixty (60) calendar days after Receipt of Order (ARO) processing and placement. Any required initial equipment staging, setup, installation, correlation, and transition, to be completed within six (6) months ARO processing and placement. All supplies, reagents, to be delivered within ten (10) days ARO processing and placement.

15. PLACE OF DELIVERY: Warehousing Department, James A. Haley Veterans Hospital, 13000 Bruce B. Downs Blvd, Tampa, FL 33612.

SECTION C - CONTRACT CLAUSES

C.1 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JUN 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[X] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved] [] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

[X] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

[] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-3.

[X] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-4.

[] (13) [Reserved] [] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020).

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[X] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219–9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (JUN 2020) of 52.219–9.

[] (v) Alternate IV (JUN 2020) of 52.219–9.

[] (18) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

[X] (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (MAR 2020) (15 U.S.C 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219-28.

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C. 637(m)).

[] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)).

[] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[] (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)) [] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[X] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

[X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (30)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (ii) Alternate I (FEB 1999) of 52.222-26.

[X] (31)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[] (ii) Alternate I (JULY 2014) of 52.222-35.

[X] (32)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

[] (ii) Alternate I (JULY 2014) of 52.222-36.

[X] (33) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[X] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (35)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[] (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[] (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (OCT 2015) of 52.223-13.

[] (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-14.

[] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b).

[] (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (44) 52.223–18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

[] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[] (47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[] (ii) Alternate I (JAN 2017) of 52.224-3.

[] (48) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).

[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate I (MAY 2014) of 52.225-3.

[] (iii) Alternate II (MAY 2014) of 52.225-3.

[] (iv) Alternate III (MAY 2014) of 52.225-3.

[X] (50) 52.225–5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (52) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[X] (55) 52.229–12, Tax on Certain Foreign Procurements (JUN 2020).

[] (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

[] (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[] (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[] (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

[] (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

[] (ii) Alternate I (Apr 2003) of 52.247-64.

[] (iii) Alternate II (FEB 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (7) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

[] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

[] (9) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203–13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).

(iv) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115–232).

(v) 52.219–8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vii) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

(viii) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(ix) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(x) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xiii)(A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xx) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

C.2 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 10/01/2020 through 09/30/2025.

(b) All delivery orders or task orders are subject to the…