36C24822Q1669.pdf

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. UEI: EFT:

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. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

573-23-1-2114-0013

36C24822Q1669 08-19-2022

SCOTT BRICKEY 850-559-2410 09-14-2022

4:30 PM EDT

36C248

Department of Veterans Affairs

Network Contracting Office 8 (NCO 8)

Commerce Building

300 E. University Ave. Ste. 170

Gainesville FL 32601-3460

X

325413

1250 Employees

N/A

X

36C573

Department of Veterans Affairs

Malcom Randall VA Medical Center

1601 S.W. Archer Road

Gainesville FL 32608

36C248

Department of Veterans Affairs

Network Contracting Office 8 (NCO 8)

Commerce Building

300 E. University Ave. Ste. 170

Gainesville FL 32601-3460

Department of Veterans Affairs

Financial Services Center

P.O. Box 149971

Austin TX 78714-9971

Contractor shall provide, Cost Per Test- Brand name or Equal

Laboratory testing equipment, reagents, and supplies.

See B.2 & B.3 herein x X x x 1

36C24822Q1669

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2021)

C.2 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.3 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.4 VAAR 852.219-78 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (SEP 2021)

(DEVIATION)

C.5 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.6 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

C.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2022) (JUL 2020) (DEVIATION)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.4 52.216-1 TYPE OF CONTRACT (APR 1984)

E.5 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.7 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) (JUL 2020)

(DEVIATION)

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)

Commerce Building

300 E. University Ave. Ste. 170

Gainesville FL 32601-3460

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 [x] Monthly

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.

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

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES

ESTIMATED

QUANTITIES UNIT UNIT PRICE AMOUNT

72.00 EA __________________ _________________

VENTANA HE600 BLUING

LOCAL STOCK NUMBER: 06544347001

200.00 EA __________________ _________________

VENTANA HE600 CLEANING SOLUTION

LOCAL STOCK NUMBER: 07257538001

80.00 EA __________________ __________________

VENTANA HE600 DIFFERENTIATING SOLUTION

LOCAL STOCK NUMBER: 06544339001

100.00 EA __________________ __________________

VENTANA HE600 EOSIN

LOCAL STOCK NUMBER: 06544304001

200.00 EA __________________ __________________

VENTANA HE600 HEMATOXYLIN

LOCAL STOCK NUMBER: 07024282001

240.00 EA __________________ __________________

VENTANA HE600 ORGANIC SOLUTION

LOCAL STOCK NUMBER: 07095163001

240.00 EA __________________ __________________

VENTANA HE600 TRANSFER FLUID

LOCAL STOCK NUMBER: 06544380001

200.00 EA __________________ __________________

VENTANA HE600 WASH

LOCAL STOCK NUMBER: 06544312001

32.00 EA __________________ __________________

VENTANA HE600 COVERSLIP ACTIVATOR

LOCAL STOCK NUMBER: 06544312001

60.00 EA __________________ __________________

VENTANA HE600 GLASS COVERSLIPS

LOCAL STOCK NUMBER: 06711138001

1.00 EA __________________ __________________

ALCIAN BLUE FOR PAS

LOCAL STOCK NUMBER: 05279194001

15.00 EA __________________ __________________

LIGHT GREEN FOR PAS

LOCAL STOCK NUMBER: 05279267001

1.00 KT __________________ __________________

GRAM STAINING KIT

LOCAL STOCK NUMBER: 06890105001

JONES STAINING KIT

LOCAL STOCK NUMBER: 05279348001

RETICULUM II STAINING KIT

LOCAL STOCK NUMBER: 05279399001

12.00 KT __________________ __________________

SPECIAL STAINS GMS II STAIN KIT PACK

LOCAL STOCK NUMBER: 05412749001

5.00 KT __________________ __________________

STEINER II STAINING KIT

LOCAL STOCK NUMBER: 06521894001

ALCIAN BLUE STAINING KIT pH 2.5

LOCAL STOCK NUMBER: 05279186001

4.00 KT __________________ __________________

AFB STAINING KIT

LOCAL STOCK NUMBER: 08432503001

CONGO RED STAINING KIT

LOCAL STOCK NUMBER: 05279429001

ELASTIC VAN GIESON KIT

LOCAL STOCK NUMBER: 09592229001

2.00 KT __________________ __________________

GIEMSA STAINING KIT

LOCAL STOCK NUMBER: 05279224001

8.00 KT __________________ __________________

IRON STAINING KIT

LOCAL STOCK NUMBER: 05279259001

MUCICARMINE STAINING KIT

LOCAL STOCK NUMBER: 05279275001

15.00 KT __________________ __________________

PAS STAINING KIT

LOCAL STOCK NUMBER: 05279291001

TRICHROME STAINING KIT

LOCAL STOCK NUMBER: 05279291001

25.00 EA __________________ __________________

BENCHMARK SPECIAL STAINS DEPARAFFINIZATION SOLUTION

LOCAL STOCK NUMBER: 06523102001

BENCHMARK SPECIAL STAINS LIQUID COVERSLIP

LOCAL STOCK NUMBER: 06523072001

16.00 EA __________________ __________________

SPECIAL STAINS CLEAN PLUS

LOCAL STOCK NUMBER: 06649327001

13.00 EA __________________ __________________

SPECIAL STAINS CLEANING KIT

LOCAL STOCK NUMBER: 05279313001

STEINER CLEANING KIT

LOCAL STOCK NUMBER: 05279402001

36.00 EA __________________ __________________

BENCHMARK SPECIAL STAINS WASH II

LOCAL STOCK NUMBER: 809817001

DIASTASE

LOCAL STOCK NUMBER: 05279208001

2.00 EA __________________ __________________

CONFIRM ANTI-ER (SP1)

LOCAL STOCK NUMBER: 05278406001

5.00 EA __________________ __________________

CONFIRM ANTI-KI-67 (30-9)

LOCAL STOCK NUMBER: 05278384001

CONFIRM ANTI-P53 (DO-7)

LOCAL STOCK NUMBER: 05278074001

CINTEC HISTOLOGY (250)

LOCAL STOCK NUMBER: 06680011001

20.00 EA __________________ __________________

VENTANA H. PYLORI (SP48) PAB

LOCAL STOCK NUMBER: 06425607001

VENTANA ROS1 (SP384)

LOCAL STOCK NUMBER: 08404160001

4.00 EA __________________ __________________

anti-CD30 (Ber-H2)

LOCAL STOCK NUMBER: 07007841001

6.00 EA __________________ __________________

Anti-Chromogranin A (LK2H10) PAB

LOCAL STOCK NUMBER: 05267056001

12.00 EA __________________ __________________

Anti-Keratin, PAN (AE1/AE3 & PCK26) PAB

LOCAL STOCK NUMBER: 05267145001

Arginase-1 (SP156) Pab, Cell Marque

LOCAL STOCK NUMBER: 06732348001

c-MYC (Y69) PAB

LOCAL STOCK NUMBER: 06504612001

CD1a (EP3622) PAb, Cell Marque

LOCAL STOCK NUMBER: 0641916000

CD31 (JC70) PAb, Cell Marque

LOCAL STOCK NUMBER: 0546347500

CD71 (MRQ-48) PAb, Cell Marque

LOCAL STOCK NUMBER: 0643316200

CD117(EP10) Rabbit Monoclonal PAB

LOCAL STOCK NUMBER: 0876390900

CD-138 (B-A38) PAb, Cell Marque

LOCAL STOCK NUMBER: 0526908300

CDX-2 (EPR2764Y) PAb, Cell Marque

LOCAL STOCK NUMBER: 0546349100

Cell Marque, bcl-6

LOCAL STOCK NUMBER: 0526900800

CELL MARQUE, CALCITONIN

LOCAL STOCK NUMBER: 0526727700

Cell Marque, Cytokeratin 19

LOCAL STOCK NUMBER: 0526944000

CELL MARQUE, MYELOPEROXIDASE

LOCAL STOCK NUMBER: 0526769200

CELL MARQUE, PLAP

LOCAL STOCK NUMBER: 0526775700

Cell Marque, PSAP (PASE/4LJ) 0526934200

LOCAL STOCK NUMBER: 0526934200

CELL MARQUE, TAG-72

LOCAL STOCK NUMBER: 0526780300

CELL MARQUE, THYROGLOBULIN

LOCAL STOCK NUMBER: 0526782000

CONFIRM anti-CD3 (2GV6)

LOCAL STOCK NUMBER: 0527842200

CONFIRM Anti-CD4 (SP35)

LOCAL STOCK NUMBER: 0555273700

CONFIRM anti-CD5 (SP19)

LOCAL STOCK NUMBER: 0592990300

CONFIRM anti-CD15 (MMA)

LOCAL STOCK NUMBER: 0526690400

CONFIRM anti-CD20 (L26) PAB

LOCAL STOCK NUMBER: 0526709900

CONFIRM anti-CD23 (SP23)

LOCAL STOCK NUMBER: 0547925800

CONFIRM anti-CD34 (QBEnd/10)

LOCAL STOCK NUMBER: 0527821000

CONFIRM anti-CD45 (LCA) (RP2/18) PAB

LOCAL STOCK NUMBER: 0526691200

CONFIRM anti-CD68 (KP-1)

LOCAL STOCK NUMBER: 0527825200

CONFIRM anti-Desmin (DE-R-11) Pab

LOCAL STOCK NUMBER: 0526700500

CONFIRM anti-Melanosome (HMB45)

LOCAL STOCK NUMBER: 0547928200

Confirm Anti-PAX5 (SP34)

LOCAL STOCK NUMBER: 0555272900

CONFIRM ANTI-PSA (polyclonal)

LOCAL STOCK NUMBER: 0526693900

CONFIRM anti-S100 (4C4.9)

LOCAL STOCK NUMBER: 0527810400

CONFIRM anti-Synaptophysin (SP11)

LOCAL STOCK NUMBER: 0547930400

8.00 EA __________________ __________________

CONFIRM Anti-Vimentin (V9)

LOCAL STOCK NUMBER: 0527813900

CONFIRM bcl-2 (124) Mab

LOCAL STOCK NUMBER: 0598682600

CONFIRM Calretinin (SP65) RbmAb

LOCAL STOCK NUMBER: 0599218400

CONFIRM CD8 (SP57) RabbitMono

LOCAL STOCK NUMBER: 0593724800

CONFIRM CD79a RabbitMono

LOCAL STOCK NUMBER: 0564029600

CONFIRM Cytokeratin 20 Rabbit Mono

LOCAL STOCK NUMBER: 0558776000

CONFIRM Cytokeratin7 RabbitMono

LOCAL STOCK NUMBER: 05986818001

CONFIRM EMA (E29) Mouse mAb

LOCAL STOCK NUMBER: 0587890000

CONFIRM MART-1/melan A (A103)

LOCAL STOCK NUMBER: 0527835000

CONFIRM Neg. Contr. Rabbit Ig

LOCAL STOCK NUMBER: 0526623800

Cytokeratin 5/6 (D5/16B4)

LOCAL STOCK NUMBER: 0647844100

DOG-1 (SP31) PAb, Cell Marque

LOCAL STOCK NUMBER: 0643318900

VENTANA Anti-E Cadherin (36)

LOCAL STOCK NUMBER: 0590529000

GATA3 (L50-823) PAb, Cell Marque

LOCAL STOCK NUMBER: 0710774900

Glypican 3 (GC33) PAB

LOCAL STOCK NUMBER: 6483186001

Hepatocyte Spec Ant(OCH1E5),Cell Marque

LOCAL STOCK NUMBER: 0526979200

Napsin A (MRQ-60) PAb, Cell Marque

LOCAL STOCK NUMBER: 0704772000

NEGATIVE CONTROL MONOCLONAL

LOCAL STOCK NUMBER: 5266670001

NEXES REAGENT, CELL MARQUE, S.M.MYOSIN

LOCAL STOCK NUMBER: 0526813300

NexES, Reagent, Cell MArque, SM Actin

LOCAL STOCK NUMBER: 0526830300

PAX8 (MRQ-50) PAb, Cell Marque

LOCAL STOCK NUMBER: 0652392700

Podoplanin (D2-40) PAb, Cell Marque

LOCAL STOCK NUMBER: 0546364500

SATB2 (EP281) PAb, Cell Marque

LOCAL STOCK NUMBER: 0831341500

SOX-10 (SP267) PAb, Cell Marque

LOCAL STOCK NUMBER: 0756038900

TTF-1 (SP141) PAB

LOCAL STOCK NUMBER: 0664061300

VENTANA anti-CD10 (SP67)

LOCAL STOCK NUMBER: 0585785600

VENTANA ANTI-CYCLIN D1 (SP4-R)

LOCAL STOCK NUMBER: 0586294900

10.00 EA __________________ __________________

VENTANA ANTI-P63 (4A4)

LOCAL STOCK NUMBER: 0586706100

Ventana Basal Cell Cocktail (34BE12+p63)

LOCAL STOCK NUMBER: 0636449700

WT1 (6F-H2) PAb, Cell Marque

LOCAL STOCK NUMBER: 0543570600

MUM1 (EP190) Pab, Cell Marque

LOCAL STOCK NUMBER: 8313482001

anti-p40 (BC28) Mo Mono PAB

LOCAL STOCK NUMBER: 7394420001

Cell Marque, Gastrin

LOCAL STOCK NUMBER: 5267536001

Cell Marque, IgG

LOCAL STOCK NUMBER: 5267633001

IgG4 (MRQ-44), Cell Marque

LOCAL STOCK NUMBER: 6523854001

NKX3.1 (EP356)

LOCAL STOCK NUMBER: 760-5086

Anti-P504s

LOCAL STOCK NUMBER: 760-6011

ERG (EPR3864)

LOCAL STOCK NUMBER: 6478450001

45.00 KT __________________ __________________

AMPLIFICATION KIT, CE

LOCAL STOCK NUMBER: 05266114001

45.00 EA __________________ __________________

BLUING REAGENT

LOCAL STOCK NUMBER: 05266769001

45.00 EA __________________ __________________

HEMATOXYLIN

LOCAL STOCK NUMBER: 05266726001

25.00 EA __________________ __________________

Hematoxylin II

LOCAL STOCK NUMBER: 05277965001

PROTEASE 1

LOCAL STOCK NUMBER: 05266688001

iView DAB Detection Kit

LOCAL STOCK NUMBER: 0526615700

ULTRAVIEW UNIVERSAL AP RED DETECTION KIT

LOCAL STOCK NUMBER: 5269814001

52.00 KT __________________ __________________

ultraView Universal DAB Detection Kit

LOCAL STOCK NUMBER: 0526980600

Benchmark ULTRA CC1

LOCAL STOCK NUMBER: 0542456900

175.00 EA __________________ __________________

BenchMark Ultra LCS

LOCAL STOCK NUMBER: 0542453400

CELL CONDITIONING SOLUTION, CC1, 2L

LOCAL STOCK NUMBER: 0527980100

130.00 EA __________________ __________________

Reaction Buffer Concentrate (10X)

LOCAL STOCK NUMBER: 0535395500

10X EZ PREP SOLUTION, 2L

LOCAL STOCK NUMBER: 05279771001

5.00 EA __________________ __________________

10X SSC SOLUTION, 2L

LOCAL STOCK NUMBER: 5353947001

Antibody Dilution Buffer

LOCAL STOCK NUMBER: 4015630970

30.00 PZ __________________ __________________

KIT PACK, EBAR (US/EUROPE)

LOCAL STOCK NUMBER: 05248850001

RIBBON, EBAR PRINTER

LOCAL STOCK NUMBER: 05250889001

Liquid Coverslip 650-010

LOCAL STOCK NUMBER: 05264839001

ASSY, Prep Kit, BM, BM XT, BM LT

LOCAL STOCK NUMBER: 0525093500

ASSY,Reag.Disp.Card,PrepKit 3,BenchMark

LOCAL STOCK NUMBER: 0525134600

Prep Kit 1 (250), BM, BM XT, BM LT

LOCAL STOCK NUMBER: 0527628400

Prep Kit 2 (250), BM, BM XT, BM LT

LOCAL STOCK NUMBER: 0527629200

Prep Kit 3, BenchMark

LOCAL STOCK NUMBER: 0527363300

Prep Kit 6 (250), BM, BM XT, BM LT

LOCAL STOCK NUMBER: 0527634900

Prep Kit 7 (250), BM, BM XT, BM LT

LOCAL STOCK NUMBER: 0527635700

Reag.Disp.Card,PrepKit 1,250-Series Test

LOCAL STOCK NUMBER: 0525664000

Reag.Disp.Card,PrepKit 2,250-Series Test

LOCAL STOCK NUMBER: 0525665800

Reag.Disp.Card,PrepKit 6,250-Series Test

LOCAL STOCK NUMBER: 0525670400

Reag.Disp.Card,PrepKit 7,250-Series Test

LOCAL STOCK NUMBER: 0525671200

30.00 EA __________________ __________________

VANTAGE Blank Slide Barcode Labels

LOCAL STOCK NUMBER: 5524997001

GRAND TOTAL __________________

B.3 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY

DELIVERY

DATE

0001 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road Gainesville, FL 32608 1197

USA

72.00 10-01-2022 – 09-30-2023

0002 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

200.00 10-01-2022 –

0003 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

80.00 10-01-2022 –

0004 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

100.00 10-01-2022 –

0005 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0006 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

240.00 10-01-2022 –

0007 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

240.00 10-01-2022 –

0008 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0009 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

32.00 10-01-2022 –

0010 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

60.00 10-01-2022 –

0011 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

1.00 10-01-2022 –

0012 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

15.00 10-01-2022 –

0013 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0014 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0015 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0016 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

12.00 10-01-2022 –

0017 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

5.00 10-01-2022 –

0018 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0019 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

4.00 10-01-2022 –

0020 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0021 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0022 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

2.00 10-01-2022 –

0023 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

8.00 10-01-2022 –

0024 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0025 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0026 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0027 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

25.00 10-01-2022 –

0028 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0029 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

16.00 10-01-2022 –

0030 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

13.00 10-01-2022 –

0031 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0032 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

36.00 10-01-2022 –

0033 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0034 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0035 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0036 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0037 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0038 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

20.00 10-01-2022 –

0039 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0040 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0041 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

6.00 10-01-2022 –

0042 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0043 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0044 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0045 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0046 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0047 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0048 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0049 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0050 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0051 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0052 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0053 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0054 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0055 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0056 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0057 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0058 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0059 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0060 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0061 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0062 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0063 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0064 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0065 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0066 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0067 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0068 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0069 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0070 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0071 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0072 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0073 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0074 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0075 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0076 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0077 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0078 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0079 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0080 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0081 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0082 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0083 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0084 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0085 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0086 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0087 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0088 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0089 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0090 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0091 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0092 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0093 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0094 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0095 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0096 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0097 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0098 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0099 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0100 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0101 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

10.00 10-01-2022 –

0102 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0103 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0104 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0105 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0106 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0107 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0108 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0109 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0110 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0111 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0112 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

45.00 10-01-2022 –

0113 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0114 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0115 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

25.00 10-01-2022 –

0116 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0117 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0118 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0119 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

52.00 10-01-2022 –

0120 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0121 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

175.00 10-01-2022 –

0122 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0123 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

130.00 10-01-2022 –

0124 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0125 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0126 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0127 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

30.00 10-01-2022 –

0128 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0129 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0130 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0131 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0132 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0133 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0134 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0135 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0136 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0137 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0138 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0139 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0140 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road

0141 SHIP TO: Malcom Randall VA Medical Center 1601 S.W. Archer Road Gainesville, FL 32608 1197

USA

30.00 10-01-2022 –

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(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.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(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 Federal Acquisition Regulation (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.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(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;

(C) Affected line item or subline item, if applicable; and

(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 FAR 32.608-2 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

PRODUCTS AND COMMERCIAL SERVICES

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.2 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting

Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.]

[] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business

Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price

Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[X] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-

Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small

Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[X] 852.233–70, Protest Content/Alternative Dispute Resolution.

[X] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[X] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause)

C.3 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—

MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes VAAR 852.219-10 VA Notice of Total Service-Disabled Veteran-

Owned Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an

“Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause)

C.4 VAAR 852.219-78 VA NOTICE OF LIMITATIONS ON

SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND

PRODUCTS (SEP 2021) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(k)(2), the offeror certifies that—

(1) If awarded a contract (see F(a)FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

[Offeror check the appropriate box]

(i) [ ] In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in

852.219-11. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(ii) [ ] In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13

CFR 121.406(b)(5) is granted. The offeror understands that, as provided in 13 CFR

121.406(b)(7), such a waiver has no effect on requirements external to the Small Business Act, such as the Buy American Act or the Trade Agreements Act.

(2) Manufacturer or nonmanufacturer representation and certification. [Offeror fill-in—check each applicable box below. The offeror must select the applicable provision below, identifying itself as either a manufacturer or nonmanufacturer]:

(i) [ ] Manufacturer or producer. The offeror certifies that it is the manufacturer or producer of the end item being procured, and the end item is manufactured or produced in the United

States, in accordance with paragraph (a)(1)(i).

(ii) [ ] Nonmanufacturer. The offeror certifies that it qualifies as a nonmanufacturer in accordance with the requirements of 13 CFR 121.406(b) and paragraph (a)(1)(ii). The offeror further certifies it meets each element below as required to qualify as a nonmanufacturer.

[Offeror fill-in—check each box below.]

[ ] The offeror certifies that it does not exceed 500 employees (or 150 employees for the

Information Technology Value Added Reseller exception to NAICS code 541519, which is found at 13 CFR 121.201, footnote 18).

[ ] The offeror certifies that it is primarily engaged in the retail or wholesale trade and normally sells the type of item being supplied.

[ ] The offeror certifies that it will take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice.

(iii) [ ] The offeror certifies that it will supply the end item of a small business manufacturer, processor, or producer made in the United States, unless a waiver as provided in 13 CFR

121.406(b)(5) has been issued by SBA. [Contracting Officer fill-in or removal (see 13 CFR

121.1205). This requirement must be included for a single end item. However, if SBA has issued an applicable waiver of the nonmanufacturer rule for the end item, this requirement must be removed in…