36C25026Q0687.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

541-26-4-022-3474

36C25026Q0687 7-27-2026

Bellamy, Thomas L. 317-988-1518 08-19-2026

300PM EDT

36C250 Department of Veterans Affairs Network Contracting Office 10 8888 Keystone Crossing Suite 325 Indianapolis IN 46240

X 100

X

541380

$19 Million

N/A

X

36C250

Department of Veteran Affairs Louis Stokes Cleveland VA Medical Center

10701 East Blvd Cleveland OH 44106

36C250

Department of Veterans Affairs Network Contracting Office 10 8888 Keystone Crossing Suite 325 Indianapolis IN 46240

36C250

Department of Veterans Affairs Financial Management System P O Box 149971 Austin TX 78714-9971

512-242-7300 N/A

X

See CONTINUATION Page

This solicitation is to fulfill a requirement for environmental/personnel testing supplies & testing services for the Louis Stokes VA Medical Center, Cleveland Ohio.

The Government intends to award a firm-fixed-price Base plus three option years contract.

This solicitation is set-aside 100% SDVOSB set-aside for entities verified by the Small Business Administration.

Please refer to the Statement of Work included.

To submit an official quote, please complete the solicitation and sign/date Blocks 30a, b and c.

Signed official quotes are due by 3:00pm EST WED August 19th Offers shall be electronically submitted to Thomas Bellamy:

thomas.bellamy@va.gov.

See CONTINUATION Page

541-3660160-022-822400-2632 0100341P8

X X

X 1

Thomas Bellamy

36C25026Q0687

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK (SOW)

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

B.4 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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

C.4 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (NOV 2025)

(DEVIATION)

C.5 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)

C.6 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS (DEVIATION

APR 2026)

C.7 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025) (DEVIATION)

C.8 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

C.9 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED

VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

C.10 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF

COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)

C.11 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

SERVICES (OCT 2025) (DEVIATION)

E.2 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)

E.3 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND

CERTIFICATIONS (NOV 2025) (DEVIATION)

E.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

E.5 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT

2025) (DEVIATION)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C250 Thomas Bellamy

Department of Veterans Affairs

Network Contracting Office 10

8888 Keystone Crossing

Suite 325

Indianapolis IN 46240

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 [X]

b. Semi-Annually []

c. Other []

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

https://www.tungsten-network.com/customer-campaigns/veterans-affairs/

B.2 STATEMENT OF WORK (SOW)

1. Contracting Officer’s Representative (COR). Will be provided upon award.

2. Contract Title.

VANEOHS Compounded Sterile Preparations Program – Environmental and Personnel Sampling

3. Background.

Pharmacy staff must undergo regular assessments, and sterile compounding areas must be sampled to ensure compliance with regulatory standards, including U.S. Pharmacopeia (USP) General Chapters <797> and <800>. These assessments are integral to a comprehensive quality assurance program that prioritizes patient safety, staff competency, and the maintenance of a controlled environment within sterile compounding spaces. Although trained pharmacy staff are responsible for conducting these tests, it is crucial that viable samples are incubated and analyzed by an independent third party to guarantee unbiased results. Consequently, it is essential to identify an appropriately accredited microbiological laboratory contractor that specializes in USP General Chapter <797> environmental and personnel sampling.

4. Scope.

VA Northeast Ohio Healthcare System (VANEOHS) is looking to identify an appropriately accredited microbiological laboratory contractor that specializes in USP General Chapter <797> environmental and personnel sampling. The contractor shall be capable of supplying necessary testing and competency materials, performing the required analyses, and delivering results that comply with USP standards and the specific requirements of VANEOHS.

5. Specific Tasks.

5.1 Task 1 – Supply Testing Materials and Equipment

The contractor must provide the following testing materials and equipment as requested by the facility. Materials and equipment must be orderable through an online portal.

a) Microbial Growth Media Plates

1) Must include Certificates of Analysis from the manufacturer verifying that the sampling media meet expected growth promotion, pH, and sterilization requirements consistent with USP General Chapter <797>.

2) Must contain TSA general microbial growth media supplemented with neutralizing additives (e.g., lecithin and polysorbate 80) to neutralize the effects of any residual disinfecting agents.

3) Plates used for surface sampling must have a raised convex surface.

4) Must support both bacterial and fungal growth on the same plate.

5) Microbial growth media plates used for monthly surface sampling must be provided as a monthly surface sampling kit to include materials, analysis, positive and negative controls, and shipping.

6) Plates are overnight mailed the same day if ordered prior to a contractor specified time except in extenuating circumstances.

b) Enverify™ Surface Sampling Competency Kits or the equivalent

c) SAS Air Sampler or equivalent available

d) Media Fill Materials

1) Components must be available to demonstrate low, medium, or high complexity compounding.

2) Components must be available to purchase as kits or individually.

3) Chain of Custody forms to be completed by pharmacy personnel and sent to the contractor along with samples for testing.

Deliverables: Microbial Growth Media Plates

Enverify Surface Sampling Competency Kits or equivalent

SAS Air Sampler or equivalent

Media Fill Materials

5.2 Task 2 – Sample Incubation and Analysis

The contractor must provide sample incubation and analysis as requested by the facility.

a) Incubation must start within 48 hours of sample receipt.

b) Samples sent to the laboratory must be incubated and tested in accordance with the current official USP General Chapter <797>.

c) Surface sample, gloved fingertip sample, and viable air sample analysis must include counts of discrete colony forming units.

d) Surface sample, gloved fingertip sample, and viable air sample analysis must include identification of recovered organisms to at least the genus level when required by USP General Chapter <797>.

e) Monthly surface sampling must be provided as a monthly surface sampling kit to include materials, analysis, positive and negative controls, and shipping. Cost of microbial identification does not need to be included in this kit.

f) Media Fill Sample analysis must include visual appearance of the media product, including any indications of microbial growth including but not limited to turbidity.

5.3 Task 3 – Reporting.

The contractor must provide a final report electronically (via e-mail to facility specified e-mail address and be available on an online portal with individual user access) within 48 hours of completion of their assessment of results and no later than 72 hours after the incubation periods have completed.

Preliminary failing results should be reported to the facility as soon as identified. The final report must include:

a) Signature indicating testing and reporting was completed accurately and in compliance with USP and applicable accreditation standards.

b) Contractor name and contact information.

c) Accreditation and testing methodology.

d) Facility name, contact information, and project name as specified by facility personnel on chain of custody form.

e) Documentation of the media received and tested, to include the type of media, manufacturer, lot number, and expiration date.

f) Date of collection, as specified by facility personnel on chain of custody form, and the date samples were received by contractor.

g) Incubation parameters including incubation temperatures, dates and times of incubation, and incubation procedures.

h) Must indicate a statement of compliance or non-compliance with USP General Chapter <797> based on results of testing (e.g., Pass or Fail). Action levels used to determine a pass or fail result must be defined in the final report.

i) For Surface Samples, Viable Air Samples, and Gloved Fingertip Samples:

1) Sample ID, description, and ISO classification (if applicable) as specified by facility personnel on chain of custody form.

2) Total number of discrete colonies of microorganisms for each sample (as CFU per sample) including a bacterial and fungal raw count.

3) Any recovered organisms (bacterial and fungal) must be identified to at least the genus level when action limits are exceeded per USP General Chapter <797>.

j) For Media Fill Tests

1) Sample ID and description as specified by facility personnel on the chain of custody form.

2) Visual Appearance of the media product, including any indications of microbial growth including but not limited to turbidity.

k) Chain of Custody

1) Contractor will provide completed documentation of the chain of custody and return along with sampling results.

Deliverables: Final Report

5.4 Task 4 – General Procedures.

Surface Sampling

a) Surface Sampling is required per the following:

1) Initially for sterile compounding facilities to establish a baseline level of environmental quality.

2) At least monthly.

3) In conjunction with the certification of new facilities and equipment.

4) After any servicing of facilities or equipment.

5) In response to identified problems.

6) In response to identified trends.

7) In response to changes that could impact the sterile environment.

8) In conjunction with personnel media-fill testing (see below).

b) Sample plates composed of a microbial growth media supplemented with neutralizing additives

(e.g. TSA with lecithin and polysorbate 80) will be utilized by pharmacy personnel to conduct surface sampling and then appropriately labeled and sent to the contractor.

c) The contractor shall promptly incubate the sample plates upon receipt and provide a final report of assessment and results in compliance with USP General Chapter <797>.

d) Surface samples will be sent to the contractor monthly, in conjunction with media fill tests as defined below, and as needed in response to events impacting the integrity of the sterile environment.

Gloved Fingertip Sampling

a) Gloved fingertip sampling is required per the following:

1) Each compounding staff member initially in triplicate and at least every six (6) months thereafter in conjunction with media fill testing and in conjunction with assessment of garbing and hand hygiene competency.

i. Post garbing gloved fingertip testing is completed with three (3) samples per hand initially then one (1) sample per hand every six (6) months thereafter.

ii. Post media fill gloved fingertip testing is completed with one (1) sample per hand initially and every six (6) months thereafter.

2) USP <797> compliant media fill testing kits and growth media plates are required for testing.

gloved fingertip tests and then appropriately labeled and sent to the contractor.

d) Gloved fingertip test plates will be sent to the contractor for incubation and assessment prior to compounding for new pharmacy personnel and then on a twice annual basis for all pharmacy staff. Twice annual testing is conducted on a rolling basis with multiple staff members being tested each month.

Media Fill Testing

a) Media fill testing is required per the following:

1) Each compounding staff member initially and at least every six (6) months thereafter.

b) Each designated person or person with direct compounding oversight of compounding personnel (not a compounder themselves) initially and at least every twelve (12) months thereafter.

c) Media fill products will include items such as vials, syringes and/or IV bags filled with soybean-casein digest will be manipulated by pharmacy personnel and then appropriately labeled and sent to the contractor.

d) The contractor shall promptly incubate the samples upon receipt and provide a final report of assessment and results in compliance with USP General Chapter <797>.

e) Media fill tests will be sent to the contractor for incubation and assessment prior to compounding for new pharmacy personnel and then on a twice annual basis for all pharmacy staff. Twice annual testing is conducted on a rolling basis with multiple staff members being tested each month.

Viable Air Sampling

a) Viable air sampling is required for the following:

1) Initially for sterile compounding facilities to establish a baseline level of environmental quality.

2) At least every six (6) months

3) In conjunction with the certification of new facilities and equipment.

4) After any servicing of facilities or equipment.

5) In response to identified problems.

6) In response to identified trends.

7) In response to changes that could impact the sterile environment.

surface sampling and then appropriately labeled and sent to the contractor.

d) Viable air samples will be sent to the contractor every six (6) months and as needed in response to events impacting the integrity of the sterile environment.

6. Security Requirements.

Employee names will be submitted to the contractor for applicable work where final reports must contain the staff name for compliance with USP General Chapter <797>.

The C&A requirements do not apply, and a Security Accreditation Package is not required.

7. Government-Furnished Equipment (GFE)/Government-Furnished Information (GFI).

Samples will be collected by facility personnel for the contractor to complete the requested work.

8. Other Pertinent Information or Special Considerations.

The contractor shall meet the following additional requirements:

a) The contractor must be accredited by the American Association for Laboratory Accreditation (A2LA) as an environmental microbiology laboratory and shall be expected to maintain ISO/IEC 17025 accreditation to include testing related to USP General Chapter <797> enumeration, microbial identification, and media fill. Proof of this and other applicable certifications must be provided upon request.

b) All services and testing materials provided must be compliant with USP General Chapters <797>, <800>, and other applicable chapters associated with the testing being completed.

c) Sufficient staff and hours of operation to ensure that media can be received on Saturdays, is incubated promptly on receipt, moved between temperature ranges at the appropriate time intervals, and evaluated promptly upon completion of the incubation period.

9. Place of Performance.

Requested work will be performed at the contractor’s site.

10. Period of Performance

Base year plus three (3) option years.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVICE

S

QUANTIT

Y

UNI

T UNIT PRICE AMOUNT

276.00 EA _________________

GLOVED FINGERTIP SAMPLE SETS

Contract Period: Base

POP Begin: 09-01-2026 POP End: 08-31-2027

143.00 EA _________________

MEDIA FILL TESTS

Contract Period: Base

DCA SURFACE SAMPLES

Contract Period: Base

30.00 EA _________________

SURFACE SAMPLES

Contract Period: Base

52.00 EA _________________

AIR SAMPLES

Contract Period: Base

MEDIA FILL SUPPLIES

Contract Period: Base

70.00 PG _________________

AGAR MEDIA PLATES, 10-PACK

Contract Period: Base

6.00 EA _________________

AIR SAMPLER RENTAL

Contract Period: Base

1.00 EA _________________

ENVERIFY TEST

Contract Period: Base

GLOVED FINGERTIP SAMPLE SETS

Contract Period: Option 1 POP Begin: 09-01-2027 POP End: 08-31-2028

MEDIA FILL TESTS

Contract Period: Option 1

DCA SURFACE SAMPLES

Contract Period: Option 1

SURFACE SAMPLES

Contract Period: Option 1

AIR SAMPLES

Contract Period: Option 1

MEDIA FILL SUPPLIES

Contract Period: Option 1

70.00 PG _________________ _________________

AGAR MEDIA PLATES, 10-PACK

Contract Period: Option 1

AIR SAMPLER RENTAL

Contract Period: Option 1

ENVERIFY TEST

Contract Period: Option 1

GLOVED FINGERTIP SAMPLE SETS

Contract Period: Option 2 POP Begin: 09-01-2028 POP End: 08-31-2029

MEDIA FILL TESTS

Contract Period: Option 2

DCA SURFACE SAMPLE SETS

Contract Period: Option 2

SURFACE SAMPLES

Contract Period: Option 2

AIR SAMPLES

Contract Period: Option 2

MEDIA FILL SUPPLIES

Contract Period: Option 2

70.00 EA _________________

AGAR MEDIA PLATES, 10-PACK

Contract Period: Option 2

AIR SAMPLER RENTAL

Contract Period: Option 2

ENVERIFY TEST

Contract Period: Option 2

GLOVED FINGERTIP SAMPLE SETS

Contract Period: Option 3 POP Begin: 09-01-2029 POP End: 08-31-2030

MEDIA FILL TESTS

Contract Period: Option 3

DCA SURFACE SAMPLE SETS

Contract Period: Option 3

SURFACE SAMPLES

Contract Period: Option 3

AIR SAMPLES

Contract Period: Option 3

MEDIA FILL SUPPLIES

Contract Period: Option 3

70.00 EA _________________

AGAR MEDIA PLATES, 10-PACK

Contract Period: Option 3

AIR SAMPLER RENTAL

Contract Period: Option 3

ENVERIFY TEST

Contract Period: Option 3

GRAND TOTAL _________________

B.4 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

276.00

143.00

30.00

52.00

70.00

6.00

1.00

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 one (1) year.

(End of Clause)

C.4 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (NOV 2025)

(DEVIATION)

(a) Equal opportunity clause. The Contractor must abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor must include the terms of this clause in every subcontract or purchase order in excess of the threshold specified in Federal Acquisition Regulation (FAR) 22.1401- 2(a)(1) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor must act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S.

Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of Clause)

C.5 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

Employee Class Monetary Wage-Fringe Benefits Pharmacy Technician (GS-7) $21.00/hour – $7.17

Microbiologist (GS-9) $28.00/hour – $9.56 Lab Technician (GS-7) $21.00/hour – $7.17

C.6 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.7 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025) (DEVIATION)

(a) Definitions. As used in this clause—

American Security Drone Act-covered foreign entity means an entity included on a list that the Federal Acquisition Security Council (FASC) develops and maintains and publishes in the System for Award Management (SAM) at https://www.sam.gov (section 1822 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Covered article, as defined in 41 U.S.C. 4713(k), means:

https://www.sam.gov

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means—

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means—

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled—

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

FASC-prohibited unmanned aircraft system means an unmanned aircraft system manufactured or assembled by an American Security Drone Act—covered foreign entity.

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring removing covered articles from executive agency information systems or excluding one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201-1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders that apply to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders that apply to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders that apply to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or

(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

Interconnection arrangement means arrangements governing the physical connection of two or more networks to allow the use of another’s network to hand off traffic where it is ultimately delivered (e.g., connecting a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Kaspersky Lab-covered article means any hardware, software, or service that—

(1) Is developed or provided by a Kaspersky Lab-covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a Kaspersky Lab-covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a Kaspersky Lab-covered entity.

Kaspersky Lab-covered entity means—

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab, including any change in name, e.g., “Kaspersky”;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—

(1…