36C24820Q1555.pdf

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Attached to: 6640--Special Stainer Cost Per Test Federal contract opportunity
Solicitation number: 36C24820Q1555
Issued by: Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 8

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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 78

546-20-1-125-0009

36C24820Q1555 09-16-2020

Jose Delgado, jose.delgado3@va.gov 561-517-0445 09-25-2020

11:59 PM

36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) West Palm Beach VA Medical Center 7305 North Military Trail Palm Beach Gardens FL 33410-6400

334516

1000 Employees

N/A

Department of Veterans Affairs Miami VA Medical Center 1201 NW 16th Street

Miami FL 33125

36C248

Department of Veterans Affairs Network Contracting Office 8 (NCO 8) West Palm Beach VA Medical Center 7305 North Military Trail Palm Beach Gardens FL 33410-6400

Financial Services Center

P.O. Box 149971 Austin TX 78714-9971

See CONTINUATION Page

Automated Special Stains Cost Per Test

See CONTINUATION Page

Jose Delgado Contracting Officer

36C24820Q1555

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF NEED

B.3 PRICE/COST SCHEDULE

B.4 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT

2018)

C.2 52.216-18 ORDERING (OCT 1995)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.5 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

C.6 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.7 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND

COMPLIANCE (JUL 2018)

C.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.9 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JUN 2020)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)

E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.4 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (JUN 2020)

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

Network Contracting Office 8 (NCO 8)

West Palm Beach VA Medical Center

7305 North Military Trail

Palm Beach Gardens FL 33410-6400

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other []

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:

AMENDMENT NO DATE

B.2 STATEMENT OF NEED

Special Stains Cost Per Test

1. GENERAL: The Miami VA Healthcare System, Pathology and Laboratory Medicine Service located at 1201 N.W. 16th Street, Miami, FL 33125 is seeking a Cost Per Test (Reagent Rental) solution for an automated Special Stains System. 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.

2. SCOPE: The Miami VA Healthcare System plans a Reagent Rental (Cost Per Test) contract for use of the instrument, supplies, installation, training, and service of the equipment (for life of contract).

3. TERM OF CONTRACT: The contract term is for One (1) Base Year with Four (4) option years. The Miami VA Healthcare System will issue a delivery order only for the current fiscal year. The VA’s obligation under this contract shall terminate at the end of each fiscal year. The Miami VA Healthcare System shall unilaterally renew by issuing a renewal delivery order that shall be effective on the first day of each succeeding fiscal year.

4. ESTIMATED COST-PER-TEST CLINICAL LABORATORY INSTRUMENTS: The contractor is required to furnish the Miami VA Healthcare System the Brand Name or equal laboratory instruments, Uninterruptable Power Supply (UPS) to support one instrument, service, installation, computer, printer, bar code labeler, operational hardware and software upgrades, training, preventive maintenance, technical support 24/7, staining kits and reagent delivery costs. The Special Stain system must interphase with existing VENTANA Benchmark Immunostainer in house since October 2018. The Government estimates special stains volume of 2,500 tests annually. The purpose of the contract is to produce a consistent, high quality stained result on patient tissue with appropriate stain differentiation for pathologist interpretation and to keep equipment in optimum operating condition.

Acceptable performance will be assessed by pathologist review of stained slides for consistency and reproducibility. Consistent staining results must be demonstrated on the instruments after installation.

Reproducibility and consistency will be tested as follows: Intra Run - 5 exact slides in one run randomly placed must demonstrate comparable staining pattern and intensity; Inter Run – 5 exact slides must be divided and run on 5 separate runs on all instruments and demonstrate comparable staining pattern and intensity. If reproducibility is not achievable after technical on-site assistance, and maintenance and service does not correct the issue, the expectation is that the instrument will be replaced.

5. SUPPLIES / EQUIPMENT REQUIRED:

a. Equipment and testing methodology associated with the instrumentation must be able to perform the requirements and service as described below and meet the performance characteristics for accuracy and precision of each type of special stain performed by demonstrating the appropriate cellular component, organism, or pigment on patient tissue confirmed microscopically by the pathologist.

b. Special Stains menu must include (but not be limited to) ready-to-use fully automated staining kits for: acid fast, alcian blue, colloidal iron, congo red (amyloid), elastic, giemsa, GMS for fungus or pneumocystis, iron, mucicarmine, PAS/light green, PAS/diastase/Hematoxylin, PAS/Hematoxylin, reticulum, steiner (or Warthin Starry), mucicarmine, alpha amylase, and trichrome/Blue.

c. General instrument characteristics must include: ability to bake and deparaffinize, running special stains side-by-side as random access processing due to independent slide heating control, slide holders compatible with Superfrost plus slides (25 x 75mm, 1 x 3” or 26 x 76mm) with 45 clipped corners, at least 20 slide positions per automated run, bulk fluid in-board containers with waste collection container and waste level sensing.

d. The instrument must be controlled by one PC and use a bar code printer and report printer.

e. Special stainer design can either be a floor model or countertop model.

f. Due to limited work area, stainer must not be wider than 24” or taller than 50” or deeper than 26” standing alone model.

g. Active refrigerated staining reagents must be able to fit into two 5.5 cu ft under counter refrigerators and one 2.9 cu ft (no other refrigeration available).

h. Electrical characteristics: must operate on a regular 110v electrical outlet operating and maintained by company.

i. Components which must be provided: Computer system (CPU, Monitor, Keyboard, Mouse, Printer), barcode label system, software/hardware revision upgrades as they are released, and two staining modules.

j. Quality must be consistent and reproducible to pathologist’s specifications demonstrating specific cellular components and acceptable stain intensity (may provide stained slide examples on our tissue controls for pathologist review and evaluation to prove acceptable quality).

k. Maintenance/repairs and preventive maintenance of the instrument must be provided by the contractor.

6. GENERAL REQUIREMENTS: The contractor is required to provide new state-of the art equipment.

Discontinued models are not acceptable. The contractor will provide 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. All models shall perform satisfactorily at any laboratory temperature between 59- and 86-degrees F (15 and 30 degrees Celsius). All models shall perform satisfactorily at any laboratory relative humidity between 10 and 70%. An electronic operator’s manual must be furnished with each model supplied.

a. Site Preparation specifications shall be furnished in writing by the contractor as part of the equipment proposal. These specifications shall be in such detail as to ensure that the equipment to be installed shall operate efficiently and conform to the manufacturer’s 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.

b. Ownership of Equipment shall remain with the contractor. 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. The contractor will be responsible for all packing and shipping required to remove the equipment within ten business days.

c. Standard and Acceptance of performance shall begin on the installation date. It 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 an 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 a day-by-day basis until the standard of performance is met for a total of 30 consecutive days. If the equipment fails to meet the standard of performance after 90 calendar days from the installation date, the user may, at his/her option, request a replacement or terminate the order.

i. Operational use time for performance testing for a system is defined as the accumulated time during which the machine is in actual use. System failure downtime is that period 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.

ii. 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 more than 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.

d. Government’s Responsibility: The user will perform daily routine operator maintenance and cleaning as required in the manufacturer’s operation and maintenance instructions.

7. PERFORMANCE, DELIVERY, INSPECTION AND ACCEPTANCE: The VA shall require the contractor to deliver the equipment ordered under this contract not later than SIXTY (60) calendar days after receipt of notice of award.

a. Reagents Delivery terms, Quality of Reagents, Supplies and Disposables: The VA shall require the delivery of reagents for all services required under this contract. The contractor shall deliver reagents, shipping cost included, monthly from call orders of a Miami VA Healthcare System representative. The contractor will assure that all supplies provided/ordered for use on their equipment will be of the quality necessary to produce a quality slide product. The reagent quality must be high enough to satisfy proficiency testing standards of the College of American Pathologists (CAP) and The Joint Commission (TJC).

b. Installation procedures: The contractor shall be responsible for installation, which consists of in-house delivery, positioning, and mounting of all 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 Contracting Officer of any problems which may be anticipated in connection with installation or which will affect optimum performance once installation is completed. If progress of the installation is interrupted through no fault of the contractor, the installation may be suspended until the cause of delay has been eliminated. The Contractor shall resume the subject installation within 24 hours after the contractor has been notification.

8. MAINTENANCE: The contractor shall provide maintenance (labor and parts) 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

9. TRAINING: The contractor, without additional charge to the government, shall provide training at a government location for two (2) operating personnel at the time of installation of the contractor’s equipment. In addition, the 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.

10. SERVICE: Emergency repairs shall be performed within 24 hours after notification that the equipment is inoperative. The scheduled maintenance and service shall be performed by a qualified engineer with notice to the Contracting Officer Representative (COR). Miami VA Healthcare System normal business hours are 8:00 am - 4:30 p.m., excluding weekends and holidays. Telephone response does not satisfy this requirement. The contractor shall provide the government with a designated point of contact and shall decide to enable his maintenance representative to receive such notification. The contractor will provide all parts and labor 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, as 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.

B.3 PRICE/COST SCHEDULE

Base Year

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

12.00

Cost per test contract for an automated special stains system to include equipment use. Uninterruptible Power Supply (UPS) to support two instruments, installation, computer, printer, bar code, labeler, operational hardware and software upgrades, training preventive maintenance, technical support 24/7, service and staining kits.

Contract Period: Base POP Begin: 10-01-2020 POP End: 09-30-2021

1.00

ASSY, KIT PACK, VAPOR TRAP, SPEC. STAINS

Contract Period: Base POP Begin: 10-01-2020

LOCAL STOCK NUMBER: 5279445001

KIT PACK, HMES, SPECIAL STAINS

Contract Period: Base POP Begin: 10-01-2020

LOCAL STOCK NUMBER: 5279453001

2.00

ALCIAN BLUE FOR PAS

Contract Period: Base POP Begin: 10-01-2020

LOCAL STOCK NUMBER: 5279194001

DIASTASE KIT

Contract Period: Base POP Begin: 10-01-2020

LOCAL STOCK NUMBER: 5279208001

LIGHT GREEN FOR PAS

Contract Period: Base POP Begin: 10-01-2020

LOCAL STOCK NUMBER: 5279267001

LIQUID COVERSLIP LOW TEMPERATURE

Contract Period: Base

LOCAL STOCK NUMBER: 5260981001

SPECIAL STAINS CLEANING KIT

Contract Period: Base POP Begin: 10-01-2020

LOCAL STOCK NUMBER: 5279313001

SPECIAL STAINS WASH SOL. CONC. (10X)

Contract Period: Base POP Begin: 10-01-2020

LOCAL STOCK NUMBER: 5279305001

Steiner Cleaning Kit Contract Period: Base POP Begin: 10-01-2020

LOCAL STOCK NUMBER: 5279402001

BMK SPEC STAINS DEPAR SOLUTION (10X)

Contract Period: Base POP Begin: 10-01-2020

LOCAL STOCK NUMBER: 6523102001

BMK SPEC STAINS LIQUID COVERSLIP

Contract Period: Base POP Begin: 10-01-2020

LOCAL STOCK NUMBER: 6523072001

BMK SPEC STAINS WASH SOLUTION (10X)

Contract Period: Base POP Begin: 10-01-2020

LOCAL STOCK NUMBER: 6523099001

3.00

GREEN FOR TRICHROME

Contract Period: Base POP Begin: 10-01-2020

LOCAL STOCK NUMBER: 6521916001

SPECIAL STAINS CLEAN PLUS

Contract Period: Base POP Begin: 10-01-2020

LOCAL STOCK NUMBER: 6649327001

SPECIAL STAINS WASH TWO PART KIT

Contract Period: Base POP Begin: 10-01-2020

LOCAL STOCK NUMBER: 7383568001

SSR SOLUTION

Contract Period: Base POP Begin: 10-01-2020

LOCAL STOCK NUMBER: 6890059001

GRAM STAINING KIT

Contract Period: Base POP Begin: 10-01-2020

LOCAL STOCK NUMBER: 6890105001

Jones Light Green Staining Kit Contract Period: Base POP Begin: 10-01-2020

LOCAL STOCK NUMBER: 5279356001

Jones Staining Kit Contract Period: Base POP Begin: 10-01-2020

LOCAL STOCK NUMBER: 5279348001

Reticulum II Staining Kit Contract Period: Base POP Begin: 10-01-2020

LOCAL STOCK NUMBER: 5279399001

SPECIAL STAINS GMS II STAIN KIT PACK

Contract Period: Base POP Begin: 10-01-2020

LOCAL STOCK NUMBER: 5412749001

STEINER II STAINING KIT

Contract Period: Base POP Begin: 10-01-2020

LOCAL STOCK NUMBER: 6521894001

STEINER STAINING KIT

Contract Period: Base POP Begin: 10-01-2020

LOCAL STOCK NUMBER: 5279330001

5.00

AFB III Staining Kit Contract Period: Base POP Begin: 10-01-2020

LOCAL STOCK NUMBER: 5279437001

ALC BLUE STAINING KIT PH2.5

Contract Period: Base POP Begin: 10-01-2020

LOCAL STOCK NUMBER: 5279186001

Congo Red Staining Kit Contract Period: Base POP Begin: 10-01-2020

LOCAL STOCK NUMBER: 5279429001

7.00

ELASTIC STAINING KIT

Contract Period: Base POP Begin: 10-01-2020

LOCAL STOCK NUMBER: 5279216001

GIEMSA STAINING KIT

Contract Period: Base POP Begin: 10-01-2020

LOCAL STOCK NUMBER: 5279224001

IRON STAINING KIT

Contract Period: Base

LOCAL STOCK NUMBER: 5279259001

MUCICARMINE STAINING KIT

Contract Period: Base POP Begin: 10-01-2020

LOCAL STOCK NUMBER: 5279275001

PAS STAINING KIT

Contract Period: Base POP Begin: 10-01-2020

LOCAL STOCK NUMBER: 5279291001

SPECIAL STAINS ALCIAN YELLOW STAINING KI

Contract Period: Base POP Begin: 10-01-2020

LOCAL STOCK NUMBER: 5279321001

Special Stains Trich.III Blue Staining K Contract Period: Base POP Begin: 10-01-2020

LOCAL STOCK NUMBER: 5279364001

Special Stains Trich.III Green Staining

Contract Period: Base POP Begin: 10-01-2020

TRICHROME II STAINING KIT

Contract Period: Base POP Begin: 10-01-2020

LOCAL STOCK NUMBER: 5279283001

TRICHROME STAINING KIT

Contract Period: Base POP Begin: 10-01-2020

LOCAL STOCK NUMBER: 6521908001

GRAND TOTAL __________________

Option One

ITEM

NUMBER

DESCRIPTION OF

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

Contract Period: Option One POP Begin: 10-01-2021

Contract Period: Option One

Contract Period: Option One POP Begin: 10-01-2021

Contract Period: Option One

Option Two

NUMBER

DESCRIPTION OF

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

Contract Period: Option Two POP Begin: 10-01-2022

Contract Period: Option Two

Contract Period: Option Two POP Begin: 10-01-2022

Contract Period: Option Two

Contract Period: Option Two POP Begin: 10-01-2022

Option Three

NUMBER

DESCRIPTION OF

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

Contract Period: Option Three POP Begin: 10-01-2023

Contract Period: Option Three

Contract Period: Option Three POP Begin: 10-01-2023

Contract Period: Option Three

Contract Period: Option Three POP Begin: 10-01-2023

Option Four

NUMBER

DESCRIPTION OF

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

Contract Period: Option Four POP Begin: 10-01-2024

B.4 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY DELIVERY DATE

SECTION C - CONTRACT CLAUSES

C.1 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.

(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.

(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;

(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 Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS

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.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 October 1, 2020 through September 30, 2025.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than , the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of ;

(2) Any order for a combination of items in excess of ; or

(3) A series of orders from the same ordering office within days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause.

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File details come from the government source that posted it. Updated Sep 16, 2020.