36C24824Q0076.docx
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- Attached to
- 6550--Intent to Sole Source: Cepheid GeneXpert Infinity Molecular Reagents Federal contract opportunity
- Solicitation number
- 36C24824Q0076
About this file
This is a solicitation issued by the Department of Veterans Affairs for a single award Indefinite Delivery Indefinite Quantity contract to provide Cepheid GeneXpert Infinity molecular reagents on a cost-per-test basis. The solicitation seeks reagents to test for various infectious diseases using the GeneXpert Infinity instrument over a five year period of performance from date of award through September 2028. Estimated annual usage levels are provided for six different reagent test kits. Responses are due by November 10, 2023 with contract award anticipated shortly thereafter. Pricing shall be provided on a per test kit basis for the base period and four option periods. The small business set-aside has an estimated maximum value of $2,000,000 over the life of the contract.
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36C24824Q0076
A.1 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)
The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.
(End of Clause)
A.2 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)
(a) The Contractor shall conform to the standards established by: Food and Drug Administration as to all Contract Line Items.
(b) The Contractor shall submit proof of conformance to the standard. This proof may be a label or seal affixed to the equipment or supplies, warranting that the item(s) have been tested in accordance with the standards and meet the contract requirement. Proof may also be furnished by the organization listed above certifying that the item(s) furnished have been tested in accordance with and conform to the specified standards.
(c) Offerors may obtain the standards cited in this provision by submitting a request, including the solicitation number, title and number of the publication to: Food and Drug Administration
(d) The offeror shall contact the Contracting Officer if response is not received within two weeks of the request.
(End of Clause)
A.3 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023)
(a) No used, refurbished, or remanufactured supplies or equipment/parts shall be provided. This procurement is for new Original Equipment Manufacturer (OEM) items only. No gray market items shall be provided. Gray market items are OEM goods intentionally or unintentionally sold outside an authorized sales territory or sold by non-authorized dealers in an authorized sales territory.
(b) No counterfeit supplies or equipment/ parts shall be provided. Counterfeit items include unlawful or unauthorized reproductions, substitutions, or alterations that have been mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified item from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitutions include used items represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics.
(c) Vendor shall be an OEM, authorized dealer, authorized distributor, or authorized reseller for the proposed equipment/system, verified by an authorization letter or other documents from the OEM. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions.
(End of Clause)
A.4 VAAR 852.223-71 SAFETY AND HEALTH (SEP 2019)
(a) To help ensure the protection of the life and health of all persons, and to help prevent damage to property, the Contractor shall comply with all Federal, State, and local laws and regulations applicable to the work being performed under this contract. These laws are implemented or enforced by the Environmental Protection Agency (EPA), Occupational Safety and Health Administration (OSHA) and other regulatory/enforcement agencies at the Federal, State, and local levels.
(1) Additionally, the Contractor shall comply with the following regulations when developing and implementing health and safety operating procedures and practices for both personnel and facilities involving the use or handling of hazardous materials and the conduct of research, development, or test projects:
(i) 29 CFR 1910.1030, Bloodborne pathogens; 29 CFR 1910.1450, Occupational exposure to hazardous chemicals in laboratories. These regulations are available at https://www.osha.gov/.
(ii) Nuclear Regulatory Commission Standards and Regulations, pursuant to the Energy Reorganization Act of 1974 (42 U.S.C. 5801 et seq.) Copies are available from the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
(2) The following Government guidelines are recommended for developing and implementing health and safety operating procedures and practices for both personnel and facilities:
(i) Biosafety in Microbiological and Biomedical Laboratories, Centers for Disease Control and Prevention (CDC), available at http://www.cdc.gov/biosafety/publications/index.htm.
(ii) Prudent Practices in the Laboratory, National Research Council, National Academy Press, Washington, DC 20001, available at http://www.nap.edu.
(b)(1) The Contractor shall maintain an accurate record of, and promptly report to the Contracting Officer, all accidents or incidents resulting in the exposure of persons to toxic substances, hazardous materials; the injury or death of any person; or damage to property incidental to work performed under the contract resulting from toxic or hazardous materials and resulting in any or all violations for which the Contractor has been cited by any Federal, State or local regulatory/enforcement agency.
(2) The report shall include a copy of the notice of violation and the findings of any inquiry or inspection, and an analysis addressing the impact these violations may have on the work remaining to be performed. The report shall also state the required action(s), if any, to be taken to correct any violation(s) noted by the Federal, State, or local regulatory/enforcement agency and the time frame allowed by the agency to accomplish the necessary corrective action.
(c) If the Contractor fails or refuses to comply with the Federal, State or local regulatory/enforcement agency's directive(s) regarding any violation(s) and prescribed corrective action(s), the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action (as approved by the Federal, State, or local regulatory/enforcement agencies) has been taken and documented to the Contracting Officer. No part of the time lost due to any such stop work order shall form the basis for a request for extension or costs or damages by the Contractor.
(d) The Contractor shall insert this clause in each subcontract involving toxic substances or hazardous materials. The Contractor is responsible for the compliance of its subcontractors with the provisions of this clause.
(End of Clause)
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
516-24-2-033-0014 36C24824Q0076 10-31-2023 Moneque Rodriguez 813-550-9486 11-10-2023 10:00
EST
36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) 10,000 Bay Pines Blvd Bay Pines
FL
33744 X 325413 1250 Employees NET 30 Days N/A X
MCC: 90D
Bay Pines VA Healthcare System ATTN: P&LMS Microbiology Bldg. 100 Rm. 2B-129 10,000 Bay Pines Blvd.
Bay Pines
FL
33744 36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) C.W. Bill Young VA Medical Center 10000 Bay Pines Blvd.
Bay Pines
FL
33744
Department of Veterans Affairs
FMS-VA-2(101)
Financial Services Center PO Box 149971 Austin
TX
78714-9971 See CONTINUATION Page The Government anticipates a single award Indefinite Delivery Indefinite Quantity (IDIQ) Contract for Cepheid GeneXpert Infinity Multi-Drug Resistant Organism (MDRO) reagents Cost-Per-Test (CPT) Period of Performance: Date of Award - September 30, 2028 Ordering Period 1: Date of Award – September 30, 2024 Ordering Period 2: October 01, 2024 – September 30, 2025 Ordering Period 3: October 01, 2025 – September 30, 2026 Ordering Period 4: October 01, 2026 – September 30, 2027 Ordering Period 5: October 01, 2027 – September 30, 2028 See CONTINUATION Page 516-3640160-033-822300 Pathology \T\ Labo-2560 Medical Care Contracts an-010022300 X Moneque Rodriguez Contracting Officer Table of Contents
| A.1 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018) | 1 |
| A.2 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018) | 1 |
| A.3 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023) | 1 |
| A.4 VAAR 852.223-71 SAFETY AND HEALTH (SEP 2019) | 2 |
| SECTION A | 4 |
| A.5 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES | 4 |
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 7 |
| B.1 CONTRACT ADMINISTRATION DATA | 7 |
| B.2 STATEMENT OF WORK | 8 |
| B.3 PRICE/COST SCHEDULE | 10 |
| ITEM INFORMATION | 10 |
| B.4 DELIVERY SCHEDULE | 19 |
| SECTION C - CONTRACT CLAUSES | 27 |
| C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022) | 27 |
| C.2 52.216-18 ORDERING (AUG 2020) | 33 |
| C.3 52.216-19 ORDER LIMITATIONS (OCT 1995) | 33 |
| C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995) | 34 |
| C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) | 34 |
| C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) | 34 |
| C.7 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) | 36 |
| C.8 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018) | 36 |
| C.9 VAAR 852.247-72 MARKING DELIVERABLES (OCT 2018) | 36 |
| C.10 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018) | 36 |
| C.11 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 36 |
| C.12 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022) | 37 |
| C.13 VAAR 852.246-71 REJECTED GOODS (OCT 2018) | 37 |
| C.14 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023) | 38 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 47 |
| SECTION E - SOLICITATION PROVISIONS | 48 |
| E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023) | 48 |
| E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) | 52 |
| E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) | 55 |
| E.4 52.233-2 SERVICE OF PROTEST (SEP 2006) | 56 |
| E.5 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018) | 56 |
| E.6 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018) | 57 |
| E.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 57 |
| E.8 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) | 58 |
| E.9 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023) | 59 |
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 Moneque Rodriguez Department of Veterans Affairs Network Contracting Office 8 (NCO 8)
10,000 Bay Pines Blvd Bay Pines FL 33744
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] Upon Delivery and Government Acceptance |
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 STATEMENT OF WORK
Procurement and Delivery of Reagents for the PCR testing of Infectious disease agents using the GeneXpert® Infinity Instrument Dated: October 30, 2023
SCOPE
The intent of the Bay Pines VA Healthcare System (BPVA HCS), Department of Pathology & Laboratory Medicine Service, is to obtain a contract for an extensive range of Infectious disease testing covering microorganisms such as COVID-19, Influenza A/B (FLU A/B), Respiratory Syncytial Virus (RSV), Methicillin Resistant Staph aureus (MRSA), Clostridioides (Clostridium) difficile Toxin (C diff), Carbapenemase Resistant Enterobacteriaceae (CRE), Chlamydia trachomatis/Neisseria gonorrhoeae (CT/NG) and Beta hemolytic Streptococcus Group A (Streptococcus pyogenes) and Vaginal Infection Molecular Test.
Deliveries of the reagents are in support of laboratory testing for in our Veteran population. This will assist in the mission of the VA to provide timely, accurate and appropriate laboratory services in support of life saving measures. This will also strengthen VA’s initiative in Infection control surveillance, Infectious disease diagnosis and Antimicrobial Stewardship program of our facility.
The needed reagents must be specific, FDA-approved and compatible with the Cepheid GeneXpert® Infinity system. Listed below are the estimated level of usage per kit, which may be less or more, and is not guaranteed.
| Cepheid GeneXpert Reagents |
| Item # |
| Estimated |
Test kit usage Description
| Xpert MRSA NxG |
| GXMRSA-NXG-10 |
| 640 |
| On demand PCR test that quickly identify MRSA-colonized patients who require contact precautions to reduce the risk of transmission and avoid costly outbreaks. |
| Xpert-Cdifficile/Epi |
| GXCDIFF/EPI-10 |
| 55 |
| On demand PCR test to detect and differentiate the epidemic strain of C difficile (027/NAP1/BI). |
| Xpert Xpress Strep A |
| XPRSTREPA-10 |
| 46 |
| On demand PCR test that accurately diagnose GAS. Supports antimicrobial stewardship and may reduce the amount of patient inappropriately prescribed antibiotics. |
| Xpert Carba-R |
| GXCARBAR-10 |
| 11 |
| On demand PCR test that can detect and differentiate the most prevalent carbapenemase gene families in just 48 minutes. |
| Xpert CT/NG |
| GXCT/NG-10 |
| 547 |
| On demand PCR test to detect the presence of chlamydia and gonorrhea, the most prevalent of all reportable STDs. |
| Xpert Xpress MVP |
| XPRSMVP-10 |
| 69 |
| New FDA cleared, on demand PCR test to aid in the diagnosis of vaginal infections in symptomatic women within an hour. |
VENDOR RESPONSIBILITIES
1. The Vendor shall provide, in accordance with all applicable federal, state, and local regulations, laws, and ordinances, and in accordance with the specifications outlined for accreditation.
1. The Vendor shall provide the ability to automatically ship reagents on standing orders or on a monthly basis to support the needs of the Bay Pines VA HCS.
1. The Vendor shall provide the ability to ship reagents on an “As Needed” or “Emergent Overnight” basis to the Bay Pines VA HCS.
1. The vendor is responsible for all shipping costs for the delivery of all GeneXpert reagents, including overnight, door-to-door, delivery.
1. The vendor shall ship all the reagents to:
Bay Pines VA Healthcare System ATTN: P&LMS Microbiology Bldg. 100 Rm. 2B-129 10,000 Bay Pines Blvd.
Bay Pines, FL 33744
1. Vendor shall bill monthly in arrears and process the billing through the Government E-Invoice system. www.Tungsten-network.com
1. The Vendor shall provide the facility with the most current Food and Drug Administration (FDA) approved reagents. All requirements and provisions defined in the specification of this solicitation will apply to any vendor, i.e., branch, division, sub-Vendor, etc. supplying parts or reagents on behalf of the Vendor.
1. For reagents with hazardous constituents, vendor shall provide a mechanism for the Laboratory to meet local discharge requirements. The vendor shall supply information regarding any hazardous chemicals.
LICENSING AND ACCREDITATION
1. The Vendor shall have all licenses, permits, accreditation and certificates required by law and/or regulatory compliance.
1. Personnel assigned by the Vendor to perform these services covered under this contract shall be licensed in a State, Territory, or Commonwealth of the United States or the District of Columbia.
SECURITY
The C&A requirements do not apply, and that a Security, Accreditation Package is not required.
The guaranteed minimum award amount for this contract is $100,000.00. The maximum aggregate value of orders that can be placed under this contract is $2,000,000.00. The Government does not guarantee that it will place any orders under this contract in excess of the guaranteed minimum award amount.
B.3 PRICE/COST SCHEDULE
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1.00 |
| KT |
| __________________ |
| __________________ |
Xpert MRSA NxG Contract Period: Base POP Begin: 01-01-2024 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets
MANUFACTURER PART NUMBER (MPN): GXMRSA-NXG-10
Ordering Period 1: Date of Award (PoP Begin Date is Estimated)- September 30, 2024 Estimated Test Kit Usage: 640
| 1.00 |
| KT |
| __________________ |
| __________________ |
Xpert-Cdifficile/Epi
POP Begin: 01-01-2024 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets
MANUFACTURER PART NUMBER (MPN): GXCDIFF/EPI-10
Estimated Test Kit Usage: 55
| 1.00 |
| KT |
| __________________ |
| __________________ |
Xpert Xpress Strep A
POP Begin: 01-01-2024 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets
MANUFACTURER PART NUMBER (MPN): XPRSTREPA-10
Estimated Test Kit Usage: 46
| 1.00 |
| KT |
| __________________ |
| __________________ |
Xpert Carba-R
POP Begin: 01-01-2024 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets
MANUFACTURER PART NUMBER (MPN): GXCARBAR-10
Estimated Test Kit Usage: 11
| 1.00 |
| KT |
| __________________ |
| __________________ |
Xpert CT/NG
POP Begin: 01-01-2024 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets
MANUFACTURER PART NUMBER (MPN): GXCT/NG-10
Estimated Test Kit Usage: 547
| 1.00 |
| KT |
| __________________ |
| __________________ |
Xpert Xpress MVP
POP Begin: 01-01-2024 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets
MANUFACTURER PART NUMBER (MPN): XPRSMVP-10
Estimated Test Kit Usage: 69
| 1.00 |
| KT |
| __________________ |
| __________________ |
Xpert MRSA NxG
POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets
MANUFACTURER PART NUMBER (MPN): GXMRSA-NXG-10
Ordering Period 2: October 01, 2024 – September 30, 2025
| 1.00 |
| KT |
| __________________ |
| __________________ |
Xpert-Cdifficile/Epi
POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets
MANUFACTURER PART NUMBER (MPN): GXCDIFF/EPI-10
| 1.00 |
| KT |
| __________________ |
| __________________ |
Xpert Xpress Strep A
POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets
MANUFACTURER PART NUMBER (MPN): XPRSTREPA-10
| 1.00 |
| KT |
| __________________ |
| __________________ |
Xpert Carba-R
POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets
MANUFACTURER PART NUMBER (MPN): GXCARBAR-10
| 1.00 |
| KT |
| __________________ |
| __________________ |
Xpert CT/NG
POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets
MANUFACTURER PART NUMBER (MPN): GXCT/NG-10
| 1.00 |
| KT |
| __________________ |
| __________________ |
Xpert Xpress MVP
POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets
MANUFACTURER PART NUMBER (MPN): XPRSMVP-10
| 1.00 |
| KT |
| __________________ |
| __________________ |
Xpert MRSA NxG
POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets
MANUFACTURER PART NUMBER (MPN): GXMRSA-NXG-10
Ordering Period 3: October 01, 2025 – September 30, 2026
| 1.00 |
| KT |
| __________________ |
| __________________ |
Xpert-Cdifficile/Epi
POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets
MANUFACTURER PART NUMBER (MPN): GXCDIFF/EPI-10
| 1.00 |
| KT |
| __________________ |
| __________________ |
Xpert Xpress Strep A
POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets
MANUFACTURER PART NUMBER (MPN): XPRSTREPA-10
| 1.00 |
| KT |
| __________________ |
| __________________ |
Xpert Carba-R
POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets
MANUFACTURER PART NUMBER (MPN): GXCARBAR-10
| 1.00 |
| KT |
| __________________ |
| __________________ |
Xpert CT/NG
POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets
MANUFACTURER PART NUMBER (MPN): GXCT/NG-10
| 1.00 |
| KT |
| __________________ |
| __________________ |
Xpert Xpress MVP
POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets
MANUFACTURER PART NUMBER (MPN): XPRSMVP-10
| 1.00 |
| KT |
| __________________ |
| __________________ |
Xpert MRSA NxG
POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets
MANUFACTURER PART NUMBER (MPN): GXMRSA-NXG-10
Ordering Period 4: October 01, 2026 – September 30, 2027
| 1.00 |
| KT |
| __________________ |
| __________________ |
Xpert-Cdifficile/Epi
POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets
MANUFACTURER PART NUMBER (MPN): GXCDIFF/EPI-10
| 1.00 |
| KT |
| __________________ |
| __________________ |
Xpert Xpress Strep A
POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets
MANUFACTURER PART NUMBER (MPN): XPRSTREPA-10
| 1.00 |
| KT |
| __________________ |
| __________________ |
Xpert Carba-R
POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets
MANUFACTURER PART NUMBER (MPN): GXCARBAR-10
| 1.00 |
| KT |
| __________________ |
| __________________ |
Xpert CT/NG
POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets
MANUFACTURER PART NUMBER (MPN): GXCT/NG-10
| 1.00 |
| KT |
| __________________ |
| __________________ |
Xpert Xpress MVP
POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets
MANUFACTURER PART NUMBER (MPN): XPRSMVP-10
| 1.00 |
| KT |
| __________________ |
| __________________ |
Xpert MRSA NxG
POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets
MANUFACTURER PART NUMBER (MPN): GXMRSA-NXG-10
Ordering Period 5: October 01, 2027 – September 30, 2028
| 1.00 |
| KT |
| __________________ |
| __________________ |
Xpert-Cdifficile/Epi
POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets
MANUFACTURER PART NUMBER (MPN): GXCDIFF/EPI-10
| 1.00 |
| KT |
| __________________ |
| __________________ |
Xpert Xpress Strep A
POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets
MANUFACTURER PART NUMBER (MPN): XPRSTREPA-10
| 1.00 |
| KT |
| __________________ |
| __________________ |
Xpert Carba-R
POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets
MANUFACTURER PART NUMBER (MPN): GXCARBAR-10
| 1.00 |
| KT |
| __________________ |
| __________________ |
Xpert CT/NG
POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets
MANUFACTURER PART NUMBER (MPN): GXCT/NG-10
| 1.00 |
| KT |
| __________________ |
| __________________ |
Xpert Xpress MVP
POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets
MANUFACTURER PART NUMBER (MPN): XPRSMVP-10
| GRAND TOTAL |
| __________________ |
B.4 DELIVERY SCHEDULE
| ITEM NUMBER |
| QUANTITY |
| DELIVERY DATE |
| 1001 |
| SHIP TO: |
| Bay Pines VA Healthcare System |
ATTN: P&LMS Microbiology Bldg. 100 Rm. 2B-129 10,000 Bay Pines Blvd.
Bay Pines, FL 33744
USA
| 1.00 |
| Date of Award – September 30, 2024 |
| MARK FOR: |
| Marie DuBois |
727-398-6661 ext. 14141 or 14147 Marie.DuBois@va.gov
| 1002 |
| SHIP TO: |
| Bay Pines VA Healthcare System |
ATTN: P&LMS Microbiology Bldg. 100 Rm. 2B-129 10,000 Bay Pines Blvd.
Bay Pines, FL 33744
USA
| 1.00 |
| Date of Award – September 30, 2024 |
| MARK FOR: |
| Marie DuBois |
| 1003 |
| SHIP TO: |
| Bay Pines VA Healthcare System |
ATTN: P&LMS Microbiology Bldg. 100 Rm. 2B-129 10,000 Bay Pines Blvd.
Bay Pines, FL 33744
USA
| 1.00 |
| Date of Award – September 30, 2024 |
| MARK FOR: |
| Marie DuBois |
| 1004 |
| SHIP TO: |
| Bay Pines VA Healthcare System |
ATTN: P&LMS Microbiology Bldg. 100 Rm. 2B-129 10,000 Bay Pines Blvd.
Bay Pines, FL 33744
USA
| 1.00 |
| Date of Award – September 30, 2024 |
| MARK FOR: |
| Marie DuBois |
| 1005 |
| SHIP TO: |
| Bay Pines VA Healthcare System |
ATTN: P&LMS Microbiology Bldg. 100 Rm. 2B-129 10,000 Bay Pines Blvd.
Bay Pines, FL 33744
USA
| 1.00 |
| Date of Award – September 30, 2024 |
| MARK FOR: |
| Marie DuBois |
| 1006 |
| SHIP TO: |
| Bay Pines VA Healthcare System |
ATTN: P&LMS Microbiology Bldg. 100 Rm. 2B-129 10,000 Bay Pines Blvd.
Bay Pines, FL 33744
USA
| 1.00 |
| Date of Award – September 30, 2024 |
| MARK FOR: |
| Marie DuBois |
| 2001 |
| SHIP TO: |
| Bay Pines VA Healthcare System |
ATTN: P&LMS Microbiology Bldg. 100 Rm. 2B-129 10,000 Bay Pines Blvd.
Bay Pines, FL 33744
USA
| 1.00 |
| October 01, 2024 – September 30, 2025 |
| MARK FOR: |
| Marie DuBois |
| 2002 |
| SHIP TO: |
| Bay Pines VA Healthcare System |
ATTN: P&LMS Microbiology Bldg. 100 Rm. 2B-129 10,000 Bay Pines Blvd.
Bay Pines, FL 33744
USA
| 1.00 |
| October 01, 2024 – September 30, 2025 |
| MARK FOR: |
| Marie DuBois |
| 2003 |
| SHIP TO: |
| Bay Pines VA Healthcare System |
ATTN: P&LMS Microbiology Bldg. 100 Rm. 2B-129 10,000 Bay Pines Blvd.
Bay Pines, FL 33744
USA
| 1.00 |
| October 01, 2024 – September 30, 2025 |
| MARK FOR: |
| Marie DuBois |
| 2004 |
| SHIP TO: |
| Bay Pines VA Healthcare System |
ATTN: P&LMS Microbiology Bldg. 100 Rm. 2B-129 10,000 Bay Pines Blvd.
Bay Pines, FL 33744
USA
| 1.00 |
| October 01, 2024 – September 30, 2025 |
| MARK FOR: |
| Marie DuBois |
| 2005 |
| SHIP TO: |
| Bay Pines VA Healthcare System |
ATTN: P&LMS Microbiology Bldg. 100 Rm. 2B-129 10,000 Bay Pines Blvd.
Bay Pines, FL 33744
USA
| 1.00 |
| October 01, 2024 – September 30, 2025 |
| MARK FOR: |
| Marie DuBois |
| 2006 |
| SHIP TO: |
| Bay Pines VA Healthcare System |
ATTN: P&LMS Microbiology Bldg. 100 Rm. 2B-129 10,000 Bay Pines Blvd.
Bay Pines, FL 33744
USA
| 1.00 |
| October 01, 2024 – September 30, 2025 |
| MARK FOR: |
| Marie DuBois |
| 3001 |
| SHIP TO: |
| Bay Pines VA Healthcare System |
ATTN: P&LMS Microbiology Bldg. 100 Rm. 2B-129 10,000 Bay Pines Blvd.
Bay Pines, FL 33744
USA
| 1.00 |
| October 01, 2025 – September 30, 2026 |
| MARK FOR: |
| Marie DuBois |
| 3002 |
| SHIP TO: |
| Bay Pines VA Healthcare System |
ATTN: P&LMS Microbiology Bldg. 100 Rm. 2B-129 10,000 Bay Pines Blvd.
Bay Pines, FL 33744
USA
| 1.00 |
| October 01, 2025 – September 30, 2026 |
| MARK FOR: |
| Marie DuBois |
| 3003 |
| SHIP TO: |
| Bay Pines VA Healthcare System |
ATTN: P&LMS Microbiology Bldg. 100 Rm. 2B-129 10,000 Bay Pines Blvd.
Bay Pines, FL 33744
USA
| 1.00 |
| October 01, 2025 – September 30, 2026 |
| MARK FOR: |
| Marie DuBois |
| 3004 |
| SHIP TO: |
| Bay Pines VA Healthcare System |
ATTN: P&LMS Microbiology Bldg. 100 Rm. 2B-129 10,000 Bay Pines Blvd.
Bay Pines, FL 33744
USA
| 1.00 |
| October 01, 2025 – September 30, 2026 |
| MARK FOR: |
| Marie DuBois |
| 3005 |
| SHIP TO: |
| Bay Pines VA Healthcare System |
ATTN: P&LMS Microbiology Bldg. 100 Rm. 2B-129 10,000 Bay Pines Blvd.
Bay Pines, FL 33744
USA
| 1.00 |
| October 01, 2025 – September 30, 2026 |
| MARK FOR: |
| Marie DuBois |
| 3006 |
| SHIP TO: |
| Bay Pines VA Healthcare System |
ATTN: P&LMS Microbiology Bldg. 100 Rm. 2B-129 10,000 Bay Pines Blvd.
Bay Pines, FL 33744
USA
| 1.00 |
| October 01, 2025 – September 30, 2026 |
| MARK FOR: |
| Marie DuBois |
| 4001 |
| SHIP TO: |
| Bay Pines VA Healthcare System |
ATTN: P&LMS Microbiology Bldg. 100 Rm. 2B-129 10,000 Bay Pines Blvd.
Bay Pines, FL 33744
USA
| 1.00 |
| October 01, 2026 – September 30, 2027 |
| MARK FOR: |
| Marie DuBois |
| 4002 |
| SHIP TO: |
| Bay Pines VA Healthcare System |
ATTN: P&LMS Microbiology Bldg. 100 Rm. 2B-129 10,000 Bay Pines Blvd.
Bay Pines, FL 33744
USA
| 1.00 |
| October 01, 2026 – September 30, 2027 |
| MARK FOR: |
| Marie DuBois |
| 4003 |
| SHIP TO: |
| Bay Pines VA Healthcare System |
ATTN: P&LMS Microbiology Bldg. 100 Rm. 2B-129 10,000 Bay Pines Blvd.
Bay Pines, FL 33744
USA
| 1.00 |
| October 01, 2026 – September 30, 2027 |
| MARK FOR: |
| Marie DuBois |
| 4004 |
| SHIP TO: |
| Bay Pines VA Healthcare System |
ATTN: P&LMS Microbiology Bldg. 100 Rm. 2B-129 10,000 Bay Pines Blvd.
Bay Pines, FL 33744
USA
| 1.00 |
| October 01, 2026 – September 30, 2027 |
| MARK FOR: |
| Marie DuBois |
| 4005 |
| SHIP TO: |
| Bay Pines VA Healthcare System |
ATTN: P&LMS Microbiology Bldg. 100 Rm. 2B-129 10,000 Bay Pines Blvd.
Bay Pines, FL 33744
USA
| 1.00 |
| October 01, 2026 – September 30, 2027 |
| MARK FOR: |
| Marie DuBois |
| 4006 |
| SHIP TO: |
| Bay Pines VA Healthcare System |
ATTN: P&LMS Microbiology Bldg. 100 Rm. 2B-129 10,000 Bay Pines Blvd.
Bay Pines, FL 33744
USA
| 1.00 |
| October 01, 2026 – September 30, 2027 |
| MARK FOR: |
| Marie DuBois |
| 5001 |
| SHIP TO: |
| Bay Pines VA Healthcare System |
ATTN: P&LMS Microbiology Bldg. 100 Rm. 2B-129 10,000 Bay Pines Blvd.
Bay Pines, FL 33744
USA
| 1.00 |
| October 01, 2027 – September 30, 2028 |
| MARK FOR: |
| Marie DuBois |
| 5002 |
| SHIP TO: |
| Bay Pines VA Healthcare System |
ATTN: P&LMS Microbiology Bldg. 100 Rm. 2B-129 10,000 Bay Pines Blvd.
Bay Pines, FL 33744
USA
| 1.00 |
| October 01, 2027 – September 30, 2028 |
| MARK FOR: |
| Marie DuBois |
| 5003 |
| SHIP TO: |
| Bay Pines VA Healthcare System |
ATTN: P&LMS Microbiology Bldg. 100 Rm. 2B-129 10,000 Bay Pines Blvd.
Bay Pines, FL 33744
USA
| 1.00 |
| October 01, 2027 – September 30, 2028 |
| MARK FOR: |
| Marie DuBois |
| 5004 |
| SHIP TO: |
| Bay Pines VA Healthcare System |
ATTN: P&LMS Microbiology Bldg. 100 Rm. 2B-129 10,000 Bay Pines Blvd.
Bay Pines, FL 33744
USA
| 1.00 |
| October 01, 2027 – September 30, 2028 |
| MARK FOR: |
| Marie DuBois |
| 5005 |
| SHIP TO: |
| Bay Pines VA Healthcare System |
ATTN: P&LMS Microbiology Bldg. 100 Rm. 2B-129 10,000 Bay Pines Blvd.
Bay Pines, FL 33744
USA
| 1.00 |
| October 01, 2027 – September 30, 2028 |
| MARK FOR: |
| Marie DuBois |
| 5006 |
| SHIP TO: |
| Bay Pines VA Healthcare System |
ATTN: P&LMS Microbiology Bldg. 100 Rm. 2B-129 10,000 Bay Pines Blvd.
Bay Pines, FL 33744
USA
| 1.00 |
| October 01, 2027 – September 30, 2028 |
| MARK FOR: |
| Marie DuBois |
Page 1 of Page 1 of
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)
(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. 4701 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 52.216-18 ORDERING (AUG 2020)
(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 Date of award through September 30, 2028.
(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) A delivery order or task order is considered "issued" when—
(1) If sent by mail (includes transmittal by U.S.
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