36C24923Q0614_1.docx

36C24923Q0614

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. SIGNAT

URE 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

36C24923Q0614 09-11 -2023 Phon Phasavath 615-225-3416 09-20-2023 08:00

CDT

Department of Veterans Affairs Network Contracting Office 9 (90C)

NCO 9

1639 Medical Center Parkway, Suite 400 Murfreesboro TN 37129 X X 325413 1250 Employees N/A X Department of Veterans Affairs Memphis VA Medical Center Pathology & Laboratories 1030 Jefferson Avenue Memphis TN 38104 90C Network Contracting Office 9 Department of Veterans Affairs Network Contracting Office (90C) 1639 Medical Center Parkway Suite 400 Murfreesboro TN 37129

90C FSC e-Invoicing Payment http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489-6135 Invoice must be submitted electronically

Setup 1-877-489-6135 See CONTINUATION Page This solicitation is a base plus for yearly options for the delivery of immunoassays for the Pathology Laboratory of the Memphis VA Medical Center.

This requirement is set aside for small business. All quoters must be registered as small business on www.sam.gov at time of quote submission.

See price cost schedule for more details.

Base year POP: 10/01/2023-09/30/2024 Questions shall be submitted to Phon.phasavath@va.gov by 10:00 AM CDT on 09/13/2023.

See CONTINUATION Page x X Phon Phasavath Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: ____________________

b. GOVERNMENT: Contracting Officer 36C249 Phon Phasavath

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

3. INVOICES: Invoices shall be submitted in arrears:

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

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

Description This is a solicitation for commercial products and commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Products and Commercial Services,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

This solicitation is issued as an RFQ. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2023-01, effective December 30, 2022.

This solicitation is for set-aside for small businesses.

The associated North American Industrial Classification System (NAICS) code for this procurement is 325412, with a small business size standard of 1,250 employees.

The FSC/PSC is 6515.

The Memphis VA Medical Center is seeking to purchase various immunoassays for a Base period of 12 months plus four (4) 12-month options.

All interested companies shall provide quotations for the following:

Vendor MUST be able to provide ALL items in order to be determined responsive. All quantities are ESTIMATED.

All quoters shall submit the following with quote:

· Technical: The extent to which the proposed item(s) can meet and/or exceed the Government’s requirements as outlined in the solicitation and based on the information requested in the instructions to quoters section of the solicitation.

· Past performance- evaluations from two similar contracts within the last 5 years.

· Price: the price by adding the total of all line item prices. Quoters shall complete price schedule and submit as part of quote package.

· RFQ 36C24923Q0614 Line Item Spreadsheet (attached) with all columns highlighted (O, AI, CE, CF) in yellow completed.

All quotes shall be sent to Phon.Phasavath@va.gov.

Award will be based upon a comparative evaluation of quotes in accordance with the Simplified Acquisition Procedures of FAR 13. Comparative evaluation is the side by side pairwise comparison of quotes based on factors resulting in a Contracting Officer decision for the quote most favorable to the Government.

The award will be made to the response most advantageous to the Government.

This is an all or nothing solicitation.

Responses should contain your best terms, conditions.

Additional Solicitation Terms and Conditions.

Bio-Rad QC Materials Statement of Work

I. SCOPE OF WORK:

Provide Bio-Rad Quality Control (QC) Products with extensive range of multi-constituent assayed quality controls covering analytes for immunoassay, TDM, chemistry, cardiac assessment, immunology, diabetes, coagulation, hematology, blood gas, drugs-of-abuse, and infectious disease testing.

This request is for Bio-Rad Laboratories, Inc. quality controls material be awarded as a firm-fixed price contract for the base period 1 year with 4 option years. The laboratory has been using Bio-Rad Laboratories Inc. reagents for more than 20 years. Products will be ordered as needed.

The Lt. Col. Luke Weathers, Jr. VA Medical Center Memphis laboratory currently uses dozens of Bio-Rad QC products to ensure accuracy and precision of testing on a daily basis for hundreds of analytes.

Bio-Rad Laboratories, Inc. has remained at the center of scientific discovery for 60 years, manufacturing and distributing a broad range of products for the life science research and clinical diagnostic markets. The company is renowned worldwide among hospitals, universities, major research institutions, as well as biotechnology and pharmaceutical companies for its commitment to quality and customer service.

The testing menus of the lab are fluid, and assays are added, removed or moved to a different platform based on availability and medical facility needs. It is imperative to have the flexibility to purchase additional QC materials in the event troubleshoot must occur, or reagent is not available from another approved / contracted vendor. The laboratory requires the ability to purchase a single annual lot of materials. Vendor must provide a single lot that has a shelf life of at least 12 months from the beginning of the ordering period.

1. Software Components:

· None

2. Other Components:

· Shipping schedule

3. Hardware Components:

· None

4. Standard training, instruction, and consultation for the customer required for the use of the troubleshooting of Bio-Bad materials.

II. CONFORMANCE STANDARDS:

The contractor’s performance must be in compliance with all applicable state, federal and local laws and regulations.

III. HOURS OF WORK:

The Warranty is in effect for the entire duration of the contract.

The contractor provides 24 hour, 7 days a week Technical Support by calling 1-800-854-6737. The Technical Support is available Monday through Friday, 8:30 a.m. to 5:30 p.m., EST. After business hours including weekends and holidays, an answering service is available with a 30-minute call back.

Federal Holidays:

New Year’s Day Martin Luther King’s Birthday President’s Day Memorial Day Juneteenth Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

IV. PREVENTATIVE MAINTENANCE:

· Not applicable

V. EMERGENCY REPAIR SERVICE:

24-hour Technical Support is available Monday through Friday, 8:30 A.M. to 5:30 P.M., EST. The phone number is 1-800-854-6737. After business hours including weekends and holidays, an answering service is available with a 30-minute call back.

VI. PARTS:

The contractor shall furnish all parts as described in the Scope of Work section as covered by this contract, in accordance with the Conformance Standards Section (section II).

VII. INVOICING

Invoices or statements which itemize charges by item services are submitted monthly, electronically to the VA accounts payable service in Austin, TX. After the statement is submitted to Austin, it is sent electronically to the Memphis VA for certification. After certification, the bill is paid from Austin.

VIII. VA INFORMATION CUSTODIAL LANGUAGE

The following standard Items relate to records generated in executing this contract:

1. Citations to pertinent laws, codes and regulations such as 44 U.S.C. Chapter 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

2. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

3. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government ‘IT’ equipment and/or Government records.

5. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

6. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

7. The Government Agency owns the rights to all data/records produced as part of this contract.

8. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

9. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

10. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

11. Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under or relating to this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

IX. Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule

No patient information will be accessed or exchanged between the VA and the Vendor of this contract.

X. The Authorization requirements do not apply, and that a Security Accreditation Package is not required.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Card MKR LT Plus 1A LIQ 6x3ML Contract Period: Base POP Begin: 10-01-2023 POP End: 09-30-2024

LOCAL STOCK NUMBER: 27104

Card MKR LT Plus 2 LIQ 6x3ML

POP Begin: 10-01-2023

LOCAL STOCK NUMBER: 147

Card MKR LT Plus 3 LIQ 6x3ML

POP Begin: 10-01-2023

LOCAL STOCK NUMBER: 148

Diabetes 1 LIQ 6x1ML

POP Begin: 10-01-2023

LOCAL STOCK NUMBER: 12011343

Diabetes 2 LIQ 6x1ML

POP Begin: 10-01-2023

LOCAL STOCK NUMBER: 12011344

Ethanol/Amonia 1 LIQ 6x3ML

POP Begin: 10-01-2023

LOCAL STOCK NUMBER: 544

Ethanol/Amonia 3 LIQ 6x3ML

POP Begin: 10-01-2023

LOCAL STOCK NUMBER: 546

IA PLUS LIQ 1 12x5ML

POP Begin: 10-01-2023

LOCAL STOCK NUMBER: 361

IA PLUS LIQ 2 12x5ML

POP Begin: 10-01-2023

LOCAL STOCK NUMBER: 362

IA PLUS LIQ 3 12x5ML

POP Begin: 10-01-2023

LOCAL STOCK NUMBER: 363

IMMUNOLOGY 1 LIQ 6X3ML

POP Begin: 10-01-2023

LOCAL STOCK NUMBER: 594

IMMUNOLOGY 3 LIQ 6X3ML

POP Begin: 10-01-2023

LOCAL STOCK NUMBER: 596

MULTIQUAL UNASSY 1 LIQ 12X10ML

POP Begin: 10-01-2023

LOCAL STOCK NUMBER: 697

MULTIQUAL UNASSY 3 LIQ 12X10ML

POP Begin: 10-01-2023

LOCAL STOCK NUMBER: 699

Specialty IA LIQ 1 6x5ML

POP Begin: 10-01-2023

LOCAL STOCK NUMBER: 364

SPECIALTY LA LIQ 2 6X5ML

POP Begin: 10-01-2023

LOCAL STOCK NUMBER: 365

SPECIALTY IA LIQ 3 6X5ML

POP Begin: 10-01-2023

LOCAL STOCK NUMBER: 366

U TOX S10 LOW OP LIQ 10X10ML

POP Begin: 10-01-2023

LOCAL STOCK NUMBER: 683

U TOX S20 LOW OP LIQ 10X10ML

POP Begin: 10-01-2023

LOCAL STOCK NUMBER: 706

URINE CHEMISTRY 1 LIQ 6X3ML

POP Begin: 10-01-2023

LOCAL STOCK NUMBER: 397

URINE CHEMISTRY 2 LIQ 12X10ML

POP Begin: 10-01-2023

LOCAL STOCK NUMBER: 398

SPINAL FLUID 1 LIQ 6X3ML

POP Begin: 10-01-2023

LOCAL STOCK NUMBER: 751

SPINAL FLUID 2 LIQ 6X3ML

POP Begin: 10-01-2023

LOCAL STOCK NUMBER: 752

SPECIALTY IA LYPH 1 6X2ML

POP Begin: 10-01-2023

LOCAL STOCK NUMBER: 27124

SPECIALTY IA LYPH 3 6X2ML

POP Begin: 10-01-2023

LOCAL STOCK NUMBER: 27126

VIROTROL 1 10X4ML CLASS C

POP Begin: 10-01-2023

LOCAL STOCK NUMBER: 00101C

VIROTROL II 1X5ML CLASS A

POP Begin: 10-01-2023

LOCAL STOCK NUMBER: 00115B

VIROTROL III 1X5ML Class A

POP Begin: 10-01-2023

LOCAL STOCK NUMBER: 00110A

VIROCLEAR 10X4ML

POP Begin: 10-01-2023

LOCAL STOCK NUMBER: 00112

Card MKR LT Plus 1A LIQ 6x3ML Contract Period: Option 1 POP Begin: 10-01-2024 POP End: 09-30-2025

Card MKR LT Plus 2 LIQ 6x3ML

POP Begin: 10-01-2024

Card MKR LT Plus 3 LIQ 6x3ML

POP Begin: 10-01-2024

Diabetes 1 LIQ 6x1ML

POP Begin: 10-01-2024

Diabetes 2 LIQ 6x1ML

POP Begin: 10-01-2024

Ethanol/Amonia 1 LIQ 6x3ML

POP Begin: 10-01-2024

Ethanol/Amonia 3 LIQ 6x3ML

POP Begin: 10-01-2024

IA PLUS LIQ 1 12x5ML

POP Begin: 10-01-2023

IA PLUS LIQ 2 12x5ML

POP Begin: 10-01-2024

IA PLUS LIQ 3 12x5ML

POP Begin: 10-01-2024

IMMUNOLOGY 1 LIQ 6X3ML

POP Begin: 10-01-2024

IMMUNOLOGY 3 LIQ 6X3ML

POP Begin: 10-01-2024

MULTIQUAL UNASSY 1 LIQ 12X10ML

POP Begin: 10-01-2024

MULTIQUAL UNASSY 3 LIQ 12X10ML

POP Begin: 10-01-2024

Specialty IA LIQ 1 6x5ML

POP Begin: 10-01-2024

SPECIALTY LA LIQ 2 6X5ML

POP Begin: 10-01-2024

SPECIALTY IA LIQ 3 6X5ML

POP Begin: 10-01-2023

U TOX S10 LOW OP LIQ 10X10ML

POP Begin: 10-01-2024

U TOX S20 LOW OP LIQ 10X10ML

POP Begin: 10-01-2024

URINE CHEMISTRY 1 LIQ 6X3ML

POP Begin: 10-01-2024

URINE CHEMISTRY 2 LIQ 12X10ML

POP Begin: 10-01-2024

SPINAL FLUID 1 LIQ 6X3ML

POP Begin: 10-01-2024

SPINAL FLUID 2 LIQ 6X3ML

POP Begin: 10-01-2024

SPECIALTY IA LYPH 1 6X2ML

POP Begin: 10-01-2024

SPECIALTY IA LYPH 3 6X2ML

POP Begin: 10-01-2024

VIROTROL 1 10X4ML CLASS C

POP Begin: 10-01-2024

VIROTROL II 1X5ML CLASS A

POP Begin: 10-01-2024

VIROTROL III 1X5ML Class A

POP Begin: 10-01-2024

VIROCLEAR 10X4ML

POP Begin: 10-01-2024

Card MKR LT Plus 1A LIQ 6x3ML Contract Period: Option 2 POP Begin: 10-01-2025 POP End: 09-30-2026

Card MKR LT Plus 2 LIQ 6x3ML

POP Begin: 10-01-2025

Card MKR LT Plus 3 LIQ 6x3ML

POP Begin: 10-01-2025

Diabetes 1 LIQ 6x1ML

POP Begin: 10-01-2025

Diabetes 2 LIQ 6x1ML

POP Begin: 10-01-2025

Ethanol/Amonia 1 LIQ 6x3ML

POP Begin: 10-01-2025

Ethanol/Amonia 3 LIQ 6x3ML

POP Begin: 10-01-2025

IA PLUS LIQ 1 12x5ML

POP Begin: 10-01-2025

IA PLUS LIQ 2 12x5ML

POP Begin: 10-01-2025

IA PLUS LIQ 3 12x5ML

POP Begin: 10-01-2025

IMMUNOLOGY 1 LIQ 6X3ML

POP Begin: 10-01-2025

IMMUNOLOGY 3 LIQ 6X3ML

POP Begin: 10-01-2025

MULTIQUAL UNASSY 1 LIQ 12X10ML

POP Begin: 10-01-2025

MULTIQUAL UNASSY 3 LIQ 12X10ML

POP Begin: 10-01-2025

Specialty IA LIQ 1 6x5ML

POP Begin: 10-01-2025

SPECIALTY LA LIQ 2 6X5ML

POP Begin: 10-01-2025

SPECIALTY IA LIQ 3 6X5ML

POP Begin: 10-01-2025

U TOX S10 LOW OP LIQ 10X10ML

POP Begin: 10-01-2025

U TOX S20 LOW OP LIQ 10X10ML

POP Begin: 10-01-2025

URINE CHEMISTRY 1 LIQ 6X3ML

POP Begin: 10-01-2025

URINE CHEMISTRY 2 LIQ 12X10ML

POP Begin: 10-01-2025

SPINAL FLUID 1 LIQ 6X3ML

POP Begin: 10-01-2025

SPINAL FLUID 2 LIQ 6X3ML

POP Begin: 10-01-2025

SPECIALTY IA LYPH 1 6X2ML

POP Begin: 10-01-2025

SPECIALTY IA LYPH 3 6X2ML

POP Begin: 10-01-2025

VIROTROL 1 10X4ML CLASS C

POP Begin: 10-01-2025

VIROTROL II 1X5ML CLASS A

POP Begin: 10-01-2025

VIROTROL III 1X5ML Class A

POP Begin: 10-01-2025

VIROCLEAR 10X4ML

POP Begin: 10-01-2025

Card MKR LT Plus 1A LIQ 6x3ML Contract Period: Option 3 POP Begin: 10-01-2026 POP End: 09-30-2027

Card MKR LT Plus 2 LIQ 6x3ML

POP Begin: 10-01-2026

Card MKR LT Plus 3 LIQ 6x3ML

POP Begin: 10-01-2026

Diabetes 1 LIQ 6x1ML

POP Begin: 10-01-2026

Diabetes 2 LIQ 6x1ML

POP Begin: 10-01-2026

Ethanol/Amonia 1 LIQ 6x3ML

POP Begin: 10-01-2026

Ethanol/Amonia 3 LIQ 6x3ML

POP Begin: 10-01-2026

IA PLUS LIQ 1 12x5ML

POP Begin: 10-01-2026

IA PLUS LIQ 2 12x5ML

POP Begin: 10-01-2026

IA PLUS LIQ 3 12x5ML

POP Begin: 10-01-2026

IMMUNOLOGY 1 LIQ 6X3ML

POP Begin: 10-01-2026

IMMUNOLOGY 3 LIQ 6X3ML

POP Begin: 10-01-2026

MULTIQUAL UNASSY 1 LIQ 12X10ML

POP Begin: 10-01-2026

MULTIQUAL UNASSY 3 LIQ 12X10ML

POP Begin: 10-01-2026

Specialty IA LIQ 1 6x5ML

POP Begin: 10-01-2026

SPECIALTY LA LIQ 2 6X5ML

POP Begin: 10-01-2026

SPECIALTY IA LIQ 3 6X5ML

POP Begin: 10-01-2026

U TOX S10 LOW OP LIQ 10X10ML

POP Begin: 10-01-2026

U TOX S20 LOW OP LIQ 10X10ML

POP Begin: 10-01-2026

URINE CHEMISTRY 1 LIQ 6X3ML

POP Begin: 10-01-2026

URINE CHEMISTRY 2 LIQ 12X10ML

POP Begin: 10-01-2026

SPINAL FLUID 1 LIQ 6X3ML

POP Begin: 10-01-2026

SPINAL FLUID 2 LIQ 6X3ML

POP Begin: 10-01-2026

SPECIALTY IA LYPH 1 6X2ML

POP Begin: 10-01-2026

SPECIALTY IA LYPH 3 6X2ML

POP Begin: 10-01-2026

VIROTROL 1 10X4ML CLASS C

POP Begin: 10-01-2026

VIROTROL II 1X5ML CLASS A

POP Begin: 10-01-2026

VIROTROL III 1X5ML Class A

POP Begin: 10-01-2026

VIROCLEAR 10X4ML

POP Begin: 10-01-2026

Card MKR LT Plus 1A LIQ 6x3ML Contract Period: Option 4 POP Begin: 10-01-2027 POP End: 09-30-2028

Card MKR LT Plus 2 LIQ 6x3ML

POP Begin: 10-01-2027

Card MKR LT Plus 3 LIQ 6x3ML

POP Begin: 10-01-2027

Diabetes 1 LIQ 6x1ML

POP Begin: 10-01-2027

Diabetes 2 LIQ 6x1ML

POP Begin: 10-01-2027

Ethanol/Amonia 1 LIQ 6x3ML

POP Begin: 10-01-2027

Ethanol/Amonia 3 LIQ 6x3ML

POP Begin: 10-01-2027

IA PLUS LIQ 1 12x5ML

POP Begin: 10-01-2027

IA PLUS LIQ 2 12x5ML

POP Begin: 10-01-2027

IA PLUS LIQ 3 12x5ML

POP Begin: 10-01-2027

IMMUNOLOGY 1 LIQ 6X3ML

POP Begin: 10-01-2027

IMMUNOLOGY 3 LIQ 6X3ML

POP Begin: 10-01-2027

MULTIQUAL UNASSY 1 LIQ 12X10ML

POP Begin: 10-01-2027

MULTIQUAL UNASSY 3 LIQ 12X10ML

POP Begin: 10-01-2027

Specialty IA LIQ 1 6x5ML

POP Begin: 10-01-2027

SPECIALTY LA LIQ 2 6X5ML

POP Begin: 10-01-2027

SPECIALTY IA LIQ 3 6X5ML

POP Begin: 10-01-2027

U TOX S10 LOW OP LIQ 10X10ML

POP Begin: 10-01-2027

U TOX S20 LOW OP LIQ 10X10ML

POP Begin: 10-01-2027

URINE CHEMISTRY 1 LIQ 6X3ML

POP Begin: 10-01-2027

URINE CHEMISTRY 2 LIQ 12X10ML

POP Begin: 10-01-2027

SPINAL FLUID 1 LIQ 6X3ML

POP Begin: 10-01-2027

SPINAL FLUID 2 LIQ 6X3ML

POP Begin: 10-01-2027

SPECIALTY IA LYPH 1 6X2ML

POP Begin: 10-01-2027

SPECIALTY IA LYPH 3 6X2ML

POP Begin: 10-01-2027

VIROTROL 1 10X4ML CLASS C

POP Begin: 10-01-2027

VIROTROL II 1X5ML CLASS A

POP Begin: 10-01-2027

VIROTROL III 1X5ML Class A

POP Begin: 10-01-2027

VIROCLEAR 10X4ML

POP Begin: 10-01-2027

B.3 DELIVERY SCHEDULE

1030 JEFFERSON AVE

MEMPHIS, TN 38104

USA

(901) 523-8990 ext. 2775 David.Huhman@va.gov

1030 JEFFERSON AVE

MEMPHIS, TN 38104

USA

1030 JEFFERSON AVE

MEMPHIS, TN 38104

USA

1030 JEFFERSON AVE

MEMPHIS, TN 38104

USA

1030 JEFFERSON AVE

MEMPHIS, TN 38104

USA

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 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JUN 2023)

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

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

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

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

(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

[X] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

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

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

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

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

[X] (8) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).

[X] (9) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

[] (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

[] (11) [Reserved] [] (12) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

[] (13) 52.219–4,…