36C24927Q0020.docx

36C24927Q0020

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

36C24927Q0020 10-19-2026 Nathan Hutchison

(615) 867-6000 ext 28147 10-28-2026 15:00

EDT

Network Contracting Office 9 Department of Veterans Affairs Network Contracting Office 1639 Medical Center Parkway Suite 204 Murfreesboro

TN

37129 X X 541380 $19 Million

NET 30

N/A X Department of Veterans Affairs Robley Rex VA Medical Center 800 Zorn Avenue Louisville

KY

40206 Network Contracting Office 9 Department of Veterans Affairs Network Contracting Office 1639 Medical Center Parkway Suite 204 Murfreesboro

TN

37129

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 Louisville VAMC seeks a contract for laboratory services to run surface sample testing and personnel aseptic technique competency testing results (gloved fingertip and thumb sampling and media fill testing) for the Pharmacy Service’s sterile compounding spaces.

This request for Quote (RFQ) is posted in accordance with (IAW) Federal Acquisition Regulation (FAR) 12.201-1(c) Complete Price for Price/Cost Schedule.

>>offeror are allowed to provide their own system-generated quote if it contains the same elements called for in FAR 52.212-1 submission of Offers.

This requirement is a 100% SDVOSB set-aside under FAR 12.

X X X Christina Lawrence 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 Network Contracting Office 9 Department of Veterans Affairs Network Contracting Office 1639 Medical Center Parkway Suite 204 Murfreesboro TN 37129

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:

Robley Rex VAMC Pharmacy Service Statement of Work Personnel & Surface Sampling Testing

1. BACKGROUND: The United States Pharmacopeia (USP) establishes standards for cleanroom design, environmental monitoring, and competencies for the preparation, handling, and storage of Compounded Sterile Preparations (CSPs). The Joint Commission (TJC) established new Medication Compounding (MC) standards for non-sterile and sterile compounded preparations which are based on USP standards. Additionally, the Food and Drug Administration (FDA) has the authority to inspect VA medical facilities using the USP standards.

VHA Directive 1108.12, Management and Monitoring of Pharmaceutical Compounded Sterile Preparations, dated February 14, 2024, defines organizational responsibility for USP <797> and USP <800> standards for cleanroom design and engineering controls, environmental monitoring and cleaning of primary and secondary engineering controls, and the core competencies for personnel involved in the processes of compounding sterile preparations including hazardous drugs (both sterile and nonsterile dosage form preparations). It is VHA policy that each VA medical facility that provides CSPs have a pharmaceutical CSP program in place that conforms to the standards in USP Chapter <797> “Pharmaceutical Compounding‐Sterile Compounding” and USP <800> “Hazardous Drugs – Handling in Healthcare Settings.” According to VHA Directive 1108.12, all VA medical facilities must establish a contract for all applicable USP <797> and USP <800> CSP performance evaluations, testing, and certification requirements.

2. OBJECTIVE: Louisville VAMC seeks a contract for laboratory services to run surface sample testing and personnel aseptic technique competency testing results (gloved fingertip and thumb sampling and media fill testing) for the Louisville VAMC Pharmacy Service’s sterile compounding spaces. PECs include biological safety cabinets (BSCs) and laminar airflow workstations (LAFWs) hoods. Testing and certification will be completed in accordance with United States Pharmacopeia (USP) Chapter <797> and <800> guidelines using Controlled Environment Testing Association (CETA) Certified National Board of Testing (CNBT) certified individuals/companies to establish consistent PEC certification procedures using the Certification Guide for Sterile Compounding Facilities CAG-003-2006. USP <797> implies Controlled Environment Testing Association (CETA) Controlled Applications Guides (CAGs) “or equivalent” may be used. CETA CAGs define certification procedures to assess the PEC is performing and operating as designed to maintain a sterile environment for the preparation of CSPs.

3. SCOPE OF WORK

3.1.1. The Contractor must pick up all surface, gloved fingertip, and media fill samples from the Robley Rex VA Medical Center inpatient pharmacy. No less than 24 hours’ notice will be provided to the Contractor for pick-up.

3.1.2. The Contractor will provide chain of custody documentation for all samples.

3.1.3. Surface Sampling: The Contractor must run surface sampling tests provided by the Louisville VAMC of all classified areas and pass-through chambers connecting to classified areas for microbial contamination every month.

3.1.4. The areas that require surface sampling include, but are not limited to the following:

3.1.4.1. The interior of the PEC main chamber and antechamber (if applicable)

3.1.4.2. Staging or work area(s) near the PEC

3.1.4.3. Frequently touched surfaces inside the buffer rooms, air locks, and ante rooms

3.1.5. Any laboratory results equal to or greater than the action level will require notification to the POC(s) within 24 hours upon receipt of results. The Contractor will pick up retesting samples upon request from the Louisville VAMC, with at least 24 hours’ advance notice, following notification of negative results.

3.1.6. Reports to include at a minimum:

3.1.6.1. Date sampling was taken.

3.1.6.2. Starting temperature for each interval of incubation, dates and times of incubation, and the identification of the person who reads and documents the results.

3.1.6.3. Environmental sampling reports will contain both the quantitative number of bacterial/fungal isolates reported as colony forming units (CFUs) as well as the species grown.

3.1.6.4. Report shall immediately notify the site identified POC(s) of any highly pathogenic microorganisms identified.

3.1.6.5. The identification of highly pathogenic microorganisms will be highlighted in the report.

3.2. Personnel Testing: All compounding personnel must perform garbing and hand hygiene gloved fingertip and thumb testing and aseptic manipulation media-fill testing to assess their sterile technique and related practices initially and every 6 months thereafter. The Contractor will be contacted no less than 24 hours prior to a pick-up request.

3.2.1. Media Fill Testing

3.2.1.1. Media Fill Testing will occur according to USP <797> requirements and Louisville VAMC policy initially in both the Laminar Air Flow Workstation (LAFW) and Compounding Aseptic Isolator (CAI) and simulate the most difficult and challenging compounding procedures and processing conditions encountered by the person replacing all the components used in the CSPs with soybean–casein digest media provided by the VA. After the initial competency assessment, testing will alternate between each type of PEC every 6 months.

3.2.1.2. Once the compounding simulation is completed, a gloved fingertip and thumb sample on each hand and surface sample of the direct compounding area inside the PEC will be collected.

3.2.1.3. Media Fill Testing will occur after acceptable garbing and hand hygiene gloved fingertip and thumb testing.

3.2.1.4. The Contractor shall incubate media fill tests in controlled temperature environments in accordance with USP <797> guidance.

3.2.1.5. Reports to include at a minimum:

3.2.1.5.1. Date sampling was taken.

3.2.1.5.2. Starting temperature for each interval of incubation, dates and times of incubation, and the identification of the person who reads and documents the results.

3.2.1.5.3. Environmental sampling reports will contain both the quantitative number of bacterial/fungal isolates reported as colony forming units (CFUs) as well as the species grown.

3.2.2. If an employee does not pass, the Contractor will return to pick up retesting samples upon request from the Louisville VAMC, with at least 24 hours’ advance notice. Garbing and Hand Hygiene Gloved Fingertip and Thumb Testing

3.2.2.1. Recertification sampling shall occur every 6 months.

3.2.2.2. Gloved fingertip and thumb samples shall be performed in controlled temperature environments and incubated in accordance with USP <797> and <800> guidance.

3.2.2.3. Each sample shall be labeled with a personnel identifier, whether it was from the right or left hand, and the date of sampling.

3.2.2.4. The Contractor shall incubate media fill tests in controlled temperature environments in accordance with USP <797> guidance.

3.2.2.5. Reports to include at a minimum:

3.2.2.5.1. Date sampling was taken.

3.2.2.5.2. Starting temperature for each interval of incubation, dates and times of incubation, and the identification of the person who reads and documents the results of colony forming units (CFU) for the left and right hand.

3.2.2.5.3. Environmental sampling reports will contain both the quantitative number of bacterial/fungal isolates reported as colony forming units (CFUs) as well as the species grown.

3.2.2.6. If an employee does not pass, the Contractor will return to pick up retesting samples upon request from the Louisville VAMC, with at least 24 hours’ advance notice.

4. REPORTING REQUIREMENTS: The Contractor must provide testing results to the Chief of Pharmacy Service and other designated facility staff no later than two weeks after the testing is performed. Reports must include all items as listed above in Section 3. Electronic copies are acceptable.

5. CONTRACTOR QUALIFICATIONS: The Contractor will provide all parts, labor, equipment, material, travel expenses to pick up and test the samples listed per the Statement of Work in Section 3. All testing must be performed by properly trained and appropriately accredited laboratory technicians. Documentation shall be provided to the VA certifying that each laboratory technician has been trained and certified in the work required by this SOW as follows:

5.1. Contractor must have a working knowledge of most recent publications of USP<797> Pharmaceutical Compounding-Sterile Preparations and USP Chapter <800> Hazardous Drugs-Handling in Healthcare Settings.

5.2. Contractor must be an ANSI National Accreditation Board (ANAB) Accredited Testing Laboratory.

5.3. Contractor must provide Certified Environmental Microbiology Laboratory - ISO/IEC 17025:2017 Accreditation

5.4. Contractor must have documented competencies for any technicians who read the media tests. Copies of each technician’s current competencies must be provided to facility’s POC prior to performing any work.

5.5. Note: A Certified Industrial Hygienist (CIH) credential does not waive any of the above certification requirements.

5.6. Contractor must have standard operating procedures (SOPs) for testing and troubleshooting including documentation of certification equipment calibration to National Institute of Standards and Technology (NIST)-traceable primary standards, a safety plan to include job hazard analysis, respiratory protection program, hazard communication and safety data sheets (SDS) for all chemical products that will be used during the course of this contract. Copies of the SOPs must be provided to facility’s POC prior to performing any work.

5.7. Contractor must have working knowledge of the following CETA Documents referenced by USP <797> and USP <800>:

5.7.1. CAG-009-2011v3 CETA Certification Application Guide USP <797> Viable Environmental Sampling & Gowning Evaluation

5.7.2. CAG-010-2011 CETA Application Guide for Informational Notes to Meet the NSF/ANSI 49:2010a Standard Requirements

5.8. Contractor must have working knowledge of the following ISO standards:

5.8.1. 14644-1:2015 Cleanrooms and associated controlled environments -- Part 1: Classification of air cleanliness by particle concentration

5.8.2. 14644-2:2015 - Cleanrooms and associated controlled environments -- Part 2: Monitoring to provide evidence of cleanroom performance related to air cleanliness by particle concentration

5.8.3. 14644-3:2005 Cleanrooms and associated controlled environments -- Part 3: Test methods

5.8.4. 14644-9:2012 Cleanrooms and associated controlled environments -- Part 9: Classification of surface cleanliness by particle concentration

5.8.5. 14698-2:2003 - Cleanrooms and associated controlled environments -- Biocontamination control -- Part 2: Evaluation and interpretation of biocontamination data

6. PLACE OF PERFORMANCE: Robley Rex VA Medical Center (Louisville VAMC), 800 Zorn Avenue, Louisville, KY 40206

6.1. The Louisville VAMC currently has three distinct sterile compounding areas: two cleanroom suites and one segregated compounding area.

6.2. Each cleanroom suite will contain one or more of the following:

6.2.1. ISO 7 Ante Room(s)

6.2.2. ISO 7 Non-Hazardous Buffer Room

6.2.3. ISO 7 Hazardous Buffer Room

6.2.4. One or more ISO 5 Horizontal LAFW (no more than two LAFWs in each space)

6.2.5. One or more Class II Type B2 Biological Safety Cabinets (no more than two BSCs in each space)

6.2.6. Up to five pass through chambers

7. TERM OF CONTRACT AND PRICING: Firm Fixed Price

8. PERFORMANCE PERIOD: The contract term is for 12 months with four options of 12 months each beginning upon signature of the contract. Louisville VAMC will issue a delivery order only for the current fiscal year. The VA's obligation under this contract shall terminate at the end of each fiscal year. Louisville VAMC shall unilaterally renew by issuing a renewal delivery order that shall be effective on the first day of each succeeding fiscal year.

Base Year 12/01/2026-11/30/2027 Option Year 1 12/01/2027-11/30/2028 Option Year 2 12/01/2028-11/30/2029 Option Year 3 12/01/2029-11/30/2030 Option Year 4 12/01/2030-11/30/2031

9. HOURS OF WORK: Work required in the performance of the contract shall be performed during hours agreed upon between the Contractor and Louisville VAMC Pharmacy Supervisors. Sample pick-ups shall be scheduled by a Louisville VAMC Pharmacy Supervisor a minimum of 24 hours in advance. Close coordination with the Contractor and Pharmacy Supervisor is necessary. Contractor will be responsible for ensuring all testing is completed within the required timeframes for all Pharmacy cleanrooms and personnel.

10. U.S. LEGAL HOLIDAYS: The following is a list of U.S. Government holidays. If the holiday falls on a Saturday, the proceeding Friday is observed as the holiday, if the holiday falls on a Sunday, the following Monday is observed as the holiday.

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

11. GOVERNMENT RESPONSIBILITIES: The government will work in concert with the Contractor to help enable completion of the work of the contract.

12. CONFIDENTIALITY AND NONDISCLOSURE: It is agreed that:

12.1. The preliminary and final deliverables, and all associated working papers, application source code, and other material deemed relevant by VA which have been generated by the contractor in the performance of this task order, are the exclusive property of the U.S. Government and shall be submitted to the CO at the conclusion of the task order.

12.2. The CO will be the sole authorized official to release, verbally or in writing, any data, draft deliverables, final deliverables, or any other written or printed materials pertaining to this task order. No information shall be released by the contractor. Any request for information relating to this task order, presented to the contractor, shall be submitted to the CO for response.

12.3. Press releases, marketing material, or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the CO.

APPENDIX C — VA INFORMATION AND INFORMATION SYSTEM SECURITY AND PRIVACY LANGUAGE FOR INCLUSION IN CONTRACTS, AS APPROPRIATE

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

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Personnel Contact Plate Sampling Contract Period: Base POP Begin: 12-01-2026 POP End: 11-30-2027 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: Q301 - Medical - Reference Laboratory Testing

MANUFACTURER PART NUMBER (MPN): 0000

Fingertip Sampling

POP Begin: 12-01-2026 POP End: 11-30-2027 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Personal Aseptic Technique Sampling

POP Begin: 12-01-2026 POP End: 11-30-2027 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Area Contact Plate Sampling

POP Begin: 12-01-2026 POP End: 11-30-2027 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Positive Retest Estimate** dependent on sample results **

POP Begin: 12-01-2026 POP End: 11-30-2027 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Personnel Contact Plate Sampling Contract Period: Option 1 POP Begin: 12-01-2027 POP End: 11-30-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Fingertip Sampling

POP Begin: 12-01-2027 POP End: 11-30-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Personal Aseptic Technique Sampling

POP Begin: 12-01-2027 POP End: 11-30-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Area Contact Plate Sampling

POP Begin: 12-01-2027 POP End: 11-30-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Positive Retest Estimate** dependent on sample results **

POP Begin: 12-01-2027 POP End: 11-30-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Personnel Contact Plate Sampling Contract Period: Option 2 POP Begin: 12-01-2028 POP End: 11-30-2029 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Fingertip Sampling

POP Begin: 12-01-2028 POP End: 11-30-2029 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Personal Aseptic Technique Sampling

POP Begin: 12-01-2028 POP End: 11-30-2029 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Area Contact Plate Sampling

POP Begin: 12-01-2028 POP End: 11-30-2029 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Positive Retest Estimate** dependent on sample results **

POP Begin: 12-01-2028 POP End: 11-30-2029 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Personnel Contact Plate Sampling Contract Period: Option 3 POP Begin: 12-01-2029 POP End: 11-30-2030 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Fingertip Sampling

POP Begin: 12-01-2029 POP End: 11-30-2030 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Personal Aseptic Technique Sampling

POP Begin: 12-01-2029 POP End: 11-30-2030 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Area Contact Plate Sampling

POP Begin: 12-01-2029 POP End: 11-30-2030 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Positive Retest Estimate** dependent on sample results **

POP Begin: 12-01-2029 POP End: 11-30-2030 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Personnel Contact Plate Sampling Contract Period: Option 4 POP Begin: 12-01-2030 POP End: 11-30-2031 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Fingertip Sampling

POP Begin: 12-01-2030 POP End: 11-30-2031 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Personal Aseptic Technique Sampling

POP Begin: 12-01-2030 POP End: 11-30-2031 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Area Contact Plate Sampling

POP Begin: 12-01-2030 POP End: 11-30-2031 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Positive Retest Estimate** dependent on sample results **

POP Begin: 12-01-2030 POP End: 11-30-2031 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

B.3 DELIVERY SCHEDULE

Robley Rex VA Medical Centers Louisville 800 Zorn Ave.

Louisville, KY 40206

USA

60.00

502-287-4000, ext. 56178 Bobbie.Campbell@va.gov

Robley Rex VA Medical Centers Louisville 800 Zorn Ave.

Louisville, KY 40206

240.00

Robley Rex VA Medical Centers Louisville 800 Zorn Ave.

Louisville, KY 40206

60.00

Robley Rex VA Medical Centers Louisville 800 Zorn Ave.

Louisville, KY 40206

288.00

Robley Rex VA Medical Centers Louisville 800 Zorn Ave.

Louisville, KY 40206

50.00

Robley Rex VA Medical Centers Louisville 800 Zorn Ave.

Louisville, KY 40206

60.00

Robley Rex VA Medical Centers Louisville 800 Zorn Ave.

Louisville, KY 40206

240.00

Robley Rex VA Medical Centers Louisville 800 Zorn Ave.

Louisville, KY 40206

60.00

Robley Rex VA Medical Centers Louisville 800 Zorn Ave.

Louisville, KY 40206

288.00

Robley Rex VA Medical Centers Louisville 800 Zorn Ave.

Louisville, KY 40206

50.00

Robley Rex VA Medical Centers Louisville 800 Zorn Ave.

Louisville, KY 40206

60.00

Robley Rex VA Medical Centers Louisville 800 Zorn Ave.

Louisville, KY 40206

240.00

Robley Rex VA Medical Centers Louisville 800 Zorn Ave.

Louisville, KY 40206

60.00

Robley Rex VA Medical Centers Louisville 800 Zorn Ave.

Louisville, KY 40206

288.00

Robley Rex VA Medical Centers Louisville 800 Zorn Ave.

Louisville, KY 40206

50.00

Robley Rex VA Medical Centers Louisville 800 Zorn Ave.

Louisville, KY 40206

60.00

Robley Rex VA Medical Centers Louisville 800 Zorn Ave.

Louisville, KY 40206

240.00

Robley Rex VA Medical Centers Louisville 800 Zorn Ave.

Louisville, KY 40206

60.00

Robley Rex VA Medical Centers Louisville 800 Zorn Ave.

Louisville, KY 40206

288.00

Robley Rex VA Medical Centers Louisville 800 Zorn Ave.

Louisville, KY 40206

50.00

Robley Rex VA Medical Centers Louisville 800 Zorn Ave.

Louisville, KY 40206

60.00

Robley Rex VA Medical Centers Louisville 800 Zorn Ave.

Louisville, KY 40206

240.00

Robley Rex VA Medical Centers Louisville 800 Zorn Ave.

Louisville, KY 40206

60.00

Robley Rex VA Medical Centers Louisville 800 Zorn Ave.

Louisville, KY 40206

288.00

Robley Rex VA Medical Centers Louisville 800 Zorn Ave.

Louisville, KY 40206

50.00

36C24927Q0020

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) 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.

(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

(e) 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 FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(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. Examples of occurrences include 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. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(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) 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 that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) 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;

(D) Contractor point of contact; and

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(5) 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 FAR part 33 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 FAR part 32).

(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 termination for cause.

(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 for interest credits prescribed in FAR part 32 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 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. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. 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 under this contract 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) 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; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.

(r) 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 Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract,

(5) Solicitation provisions incorporated in the solicitation.

(6) Other paragraphs of this clause.

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(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 (s)(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.

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

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

(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

(u) 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 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause)

C.4 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination

(End of Clause) C.5 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS (DEVIATION APR 2026) (a)Definitions. As used in this clause— Program participation means membership or participation in, or access or admission to: training, mentoring, or leadership development programs; educational opportunities; clubs; associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.

Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources.

(b) In connection with the performance of work under this contract, the Contractor agrees as follows:

(1) The Contractor will not engage in any racially discriminatory DEI activities;

(2) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause;

(3) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared ineligible for further Government contracts;

(4) The Contractor will report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take any appropriate remedial actions directed by the Contracting Officer; and

(5) The Contractor will inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of this clause.

(6) The Contractor recognizes that compliance with the requirements of this clause are material to the Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4).

(c) The Contractor must include the substance of this clause, including this paragraph (c), in subcontracts at any tier, including those for commercial products and commercial services, except those where the place of delivery or performance is outside the United States.

(End of Clause)

C.6 52.223-23 SUSTAINABLE PRODUCTS (NOV 2025) (DEVIATION)

(a) Definitions. As used in this clause— Sustainable products means—

(1) A product that contains recovered material designated by the EPA under the Comprehensive Procurement Guidelines (42 U.S.C. 6962) (40 CFR part 247) (https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products).

(2) An energy-efficient product or low standby power device (42 U.S.C. 8259b) (10 CFR part 436, subpart C) (https://www.energy.gov/femp/search-energy-efficient-products, https://www.energystar.gov/products?s=mega, and https://www.energy.gov/femp/low-standby-power-product-list).

(3) A biobased product that meets the content requirements of the USDA under the BioPreferred® program (7 U.S.C.