36C25522R0043.docx

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.

DUNS:

DUNS+4:

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

36C255-22-AP-0002

02/03/2022 36C25522R0043 02-03-2022 Mike Crader michael.crader@va.gov 913-230-7042 03-04-2022

4:00 PM

CST

00255 Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth KS 66048 X 325414 1250 Employees N/A X 00255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth KS 66048 00255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth KS 66048

00255 Department of Veterans Affairs Financial Services Center http://www.fsc.va.gov/einvoice.asp Austin TX 78714-8975 877-353-9791 512-460-5429 See CONTINUATION Page Provide Blood and Blood Products for VA VISN 15 Medical Centers in Kansas, Missouri and Southern Illinois.

See Statement of Work & Medical Center Data Sheets(attached) Up to eight (8) awards will be issued off this one solicitation.

See CONTINUATION Page Funding will be cited in each order.

X X Mike Crader 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 36C255 Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth KS 66048

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.

Department of Veterans Affairs Financial Services Center http://www.fsc.va.gov/einvoice.asp Austin TX 78714-8975

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

36C25522R0043

Page 1 of Page 1 of

STATEMENT OF WORK

VISN 15 Blood and Blood Products and Related Services

1.1. INTENT: It is the intent of the Department of Veteran’s Affairs, (herein afterwards referred to as Veterans Integrated Services Network (VISN) 15, to establish a contract(s) related to the providing of Blood and Blood Products and related services within VISN 15. The Government may issue multiple awards. By submitting a proposal, the contractor(s) agrees to be bound by the requirements and terms set out within this solicitation. Additional blood products and referral testing may be added by contract modification, as needed, for patient care.

1.2. Once the contract is awarded and annual delivery orders are issued, the customer will notify the vendor of individual product requirements. This will be done, by telephone or e-mail, by the following authorized blood banks staff employees: Blood Bank Supervisor, Blood Bank Medical Technologist and Blood Bank Medical Technician.

1.3. PRICES AND TERMS: VISN 15 has provided an estimated volume by product and test requirements as reflected in the attached VISN 15 data sheet for each individual medical center. The Government estimates the volumes per facility as listed in the attached VISN 15 data sheet but does not guarantee volumes as listed; they are estimates ONLY.

1.4. TERM OF AGREEMENT: This will be an indefinite delivery, indefinite quantity contract for five years. Delivery orders will be issued every year contingent on funding availability. The contract will be reviewed annually. VISN 15 intends to establish the initial delivery order period of 1 April 2022 to 31 March 2023. The total minimum guaranteed amount for supplies and services that will be acquired under the resulting contract(s) is $2,000.00 per contract. This minimum is applicable to the total ordered throughout the life of the contract(s) and is a onetime guarantee. The minimum guarantee will be satisfied upon issuance of the first delivery order. The total maximum order for supplies or services that will be acquired under this contract is $13,000,000.00.

1.5. IDENTIFICATION: Requests for blood/blood products and their associated services will be identified by their applicable contract number/delivery order number and facility purchase order number. Contract identification numbers are assigned through VA Network Contracting Office (NCO) 15.

1.6. ORDERING METHOD: The participating facilities may order products via telephone or by e-mail identifying the products by number, quantity, address for delivery and any special instructions. All deliveries are FOB Destination.

1.7. INVOICES:

1.7.1. The Contractor shall issue invoices 4 times per month, in arrears, for all products and services provided to the agency, with allowance for appropriate credit for items which are returned and transferred to other facilities.

1.7.1.1. Invoices shall have at the minimum the following information:

1.7.1.2. Request date/time

1.7.1.3. Filled date/time

1.7.1.4. Shipped date/time

1.7.1.5. Quantity

1.7.1.6. Product

1.7.1.7. Product Description

1.7.1.8. Product blood type

1.7.1.9. Unit number

1.7.1.10. Unit Expiration Date

1.7.1.11. Order Specifications

1.8. CREDITS

1.8.1. Full credit shall be given for products transferred to other agencies by the VA Medical Center due to excess inventory or at the request of the Contractor, or in the case of platelet concentrates/aphaeresis, when received by the VA Medical Center with less than 24 hours of shelf life remaining.

1.8.2. If the Contractor requests that VA Medical Centers stock ANY blood products for the vendor’s convenience, one hundred percent (100%) credit will be issued for units returned at least 10 days before expiration.

1.8.3. The number of broken fresh frozen plasma (FFP) bags discovered after thawing shall be less than 1% of total FFP unit thawed. One hundred percent (100%) credit will be given for each unit received from the vendor in a broken or unacceptable condition.

1.8.4. Credit will be given for any product which proves unacceptable for transfusion.

1.8.5. The formal policies for the return and transfer of blood products shall be made at contract finalization and provided to the vendor Transfusion Service upon receipt.

2. DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

2.1. SCOPE OF PROCUREMENT:

2.1.1. Contractor will provide PRIORITY SERVICE and extend every effort necessary to meet the red blood cells and other blood components needs of the hospital consistent with adequate supply from voluntary donation and in the absence of strikes, work stoppages and other circumstances or emergencies beyond its control that could affect its ability to supply the amount of blood components required.

2.1.2. Contractor will provide blood components that are processed and labeled according to the current standards of the FDA, AABB and state and local law. Each shipment will be properly packaged and will be accompanied by an itemized shipping list. The VA will maintain proper refrigeration facilities for the storage of blood components and will inspect each shipment promptly and store all products received from contractor at appropriate storage temperatures. Delivery will be made twenty-four (24) hours a day, seven (7) days per week.

2.1.3. Contractor will provide ancillary support service for blood bank testing. All testing shall be performed on the contractor’s premises, or within the contractor’s network of laboratories (affiliate or qualified subcontractor). Under no circumstances shall the contractor allow any patient information or lab testing samples to be sent outside the confines of the internationally recognized borders of the United States of America. Contractor referrals to a secondary (subcontractor) laboratory shall be kept to a minimum for control and uniformity purposes and shall be at the contractor’s expense. Subcontractors shall be held to the same quality standards as specified in this contract.

2.1.4. Contractor will provide ancillary support service for Therapeutic Apheresis services to Harry S Truman Medical Center, Columbia MO, and Kansas City Medical Center.

2.1.5. The Contractor will make available to the hospitals the “Circular of Information for the Use of Human Blood and Blood Components by Physicians”, which, by FDA regulation, must always be available to prescribing physicians.

2.1.6. Therapeutic Apheresis - Plasma exchange involves the separation and removal of plasma from the blood in order to remove harmful substances circulating in the plasma. The red blood cells, white blood cells and platelets are returned to the patient, along with a prescribed replacement fluid.

2.2. PRODUCT AND REFERRAL TESTING MENU: Refer to the attached VISN 15 Medical Center Data Sheet for estimated annual volumes.

2.3. GENERAL REQUIREMENTS

2.3.1. LICENSING AND ACCREDITATION:

2.3.1.1. Only fully licensed/accredited laboratories actively engaged in providing the specific services and laboratory testing outlined in this solicitation shall be considered. The contractor shall have all licenses, permits, accreditation and certificates required by law. The reference laboratory shall be licensed/accredited by the TJC, College of American Pathologists, AABB and other federal or state regulatory agencies as mandated by federal and state statutes. In addition, the laboratory must be certified as meeting the requirements of the Department of Health and Human Services Clinical Laboratory Improvement Act of 1988.

2.3.1.2. The Contractor shall provide a copy all relevant permits/licenses and certification inclusive of any sanctions current or pending throughout the United States of America prior to contract award. In addition, the contractor shall be responsible for providing a written guarantee or evidence that all subcontractors have appropriate licensure and accreditation to perform tests that the primary contractor cannot perform prior to agreement award. All proposed subcontractor changes during the agreement performance period must have prior approval by the Contracting Officer (CO). Changes to the requirements shall be addressed by bilateral modification. Contractor policies and procedures shall comply with Health Insurance Portability and Accountability Act (HIPPA).

2.3.2. CRITERIA FOR DONOR SELECTION:

2.3.2.1. Donor Requirements: The offeror shall maintain a blood donor list including names, addresses and social security numbers. Such list shall indicate the date the blood of a particular donor was furnished to the Veteran’s Affairs Medical Center. Donor selection shall be in accordance with criteria established by the FDA and or American Association of Blood Banks.

2.3.2.2. Blood samples testing positive during unit screening shall not be used for transfusion if the results are outside the established limits by FDA and or American Association for Blood Banks.

2.3.2.3. When FDA or American Association of Blood Banks requires a new test, it shall be performed at no additional costs to the government.

2.3.3. COLLECTION, PROCESSING AND TYPING OF BLOOD:

2.3.3.1. Blood shall be typed for ABO & Rh antigens and labeled in accordance with the methods recommended in the current editions of “Standard for Blood Banks and Transfusion Services and Technical methods and Procedures,” published by the AABB.

2.3.3.2. All blood shall be collected by closed system under aseptic conditions and shall be processed in appropriate solutions and the container be labeled. The label shall bear the expiration date of the contents which shall not exceed:

2.3.3.2.1. 21 days from the date of collection of source blood, or:

2.3.3.2.2. 35 days from the date of collection of source blood if when collected, is stored with anti-coagulant citrate phosphate, dextrose adenine solution (CPDA1).

2.3.3.2.3. 42 days from date of collection for blood collected in Adsol.

2.3.3.3. All blood supplied shall be grossly free of hemolysis, excessive chyle and clots.

2.3.4. SPECIFICATIONS:

2.3.4.1. All red cell products shall be available in the following blood types: A, B, O, AB, both Rh positive and Rh negative.

2.3.4.2. All blood products shall be available 24 hours per day and seven (7) days per week.

2.3.4.2.1. The Contractor must have a system in place to allow for processing and delivery of these products with sufficient time available for infusion prior to products expiration.

2.3.4.2.2. All blood product orders should be placed in the Connect Bloodhub system.

2.3.4.3. “TO GIVE” ORDERS:

2.3.4.4. Blood products should be delivered within time frames set in the Connect Hub system.

2.3.5. Contractor shall provide an approved method of transportation in emergency situations, i.e., Highway Patrol, etc. This method will be presented and approved by VA prior to contract award.

2.3.5.1.1. Required delivery time for “STAT” orders:

2.3.5.1.1.1. Columbia, MO – 30 minutes

2.3.5.1.1.2. Marion, IL – 3 hours

2.3.5.1.1.3. Poplar Bluff, MO – 2 hours

2.3.5.1.1.4. St. Louis, MO – 1 hour

2.3.5.1.1.5. Wichita, KS – 1.5 hours

2.3.5.1.1.6. Kansas City, MO – 30 minutes

2.3.5.1.1.7. Leavenworth, KS – 2 hours

2.3.5.1.1.8. Topeka, KS – 2 hours

2.3.5.2. “RESTOCKING INVENTORY” ORDERS:

2.3.5.2.1. Blood products should be delivered within time frames set in the Connect Hub system.

2.3.5.2.2. Delivery or restocking fees will not apply for “Restocking Inventory” blood product orders.

2.3.5.2.3. Required delivery time for “restocking inventory” orders:

2.3.5.2.3.1. Columbia, MO – 24 hours

2.3.5.2.3.2. Marion, IL –24 hours

2.3.5.2.3.3. Poplar Bluff, MO – 2 hours

2.3.5.2.3.4. St. Louis, MO – 24 hours

2.3.5.2.3.5. Wichita, KS – 24 hours

2.3.5.2.3.6. Kansas City, MO – 4 hours

2.3.5.2.3.7. Leavenworth, KS – 4 hours

2.3.5.2.3.8. Topeka, KS – 4 hours

2.3.5.3. The Contractor shall provide washed, irradiated and/or CMV negative products upon request.

2.3.5.3.1. The Contractor must have system in place to allow for processing and delivery of these products with sufficient time available for infusion prior to products expiration.

2.3.5.4. The Government assumes no liability for any blood product assigned to the VAMC on a consignment basis, until such time a requirement for the item exists.

2.3.6. REFERENCE LABORATORY SERVICES:

2.3.6.1. Reference lab services for Referral Laboratory Testing must be available 24 hours per day and seven (7) days per week and must provide results within time frames listed below. Time is calculated from the time the specimen leaves the ordering facility.

2.3.6.1.1. Urgent Referral Laboratory Testing Turnaround Time

2.3.6.1.1.1. Columbia, MO – 8 hours

2.3.6.1.1.2. Marion, IL – 8 hours

2.3.6.1.1.3. Poplar Bluff, MO – 8 hours

2.3.6.1.1.4. St. Louis, MO – 8 hours

2.3.6.1.1.5. Wichita, KS – 4 hours

2.3.6.1.1.6. Kansas City, MO – 4 hours

2.3.6.1.1.7. Leavenworth, KS – 4 hours

2.3.6.1.1.8. Topeka, KS – 4 hours

2.3.6.1.2. Non-Urgent Red Cell Antibody Identification Turnaround Time

2.3.6.1.2.1. Results must be provided within 24 hours.

2.3.7. BLOOD PRODUCTS

2.3.7.1. STORAGE, PACKING AND MARKING:

2.3.7.1.1. Blood shall be furnished labeled as to A, B, O, AB and Rh type.

2.3.7.1.2. Immediately after bleeding, the blood shall be refrigerated between 1 and 6 degrees Celsius with fluctuations no more than 2 degrees Celsius within the range. Freezing must be avoided at all times. If public transportation of the blood is necessary, it shall be transported in clean shipping containers provided with refrigeration sufficient to hold blood temperatures at 1-10 degrees Celsius, if it has been pre-cooled. If the blood has not been pre-cooled the shipping container shall provide sufficient refrigeration to hold the temperature toward 4-10 degrees Celsius, preferable 1-6 Celsius while in transit.

2.3.7.1.3. Packaging for shipment shall be such that a leak proof barrier is between the wet ice and blood units. The ice shall not be placed directly on a blood unit.

2.3.7.1.4. Shipping containers shall be qualified, and the process validated for the appropriate transport temperature and time twice yearly in accordance with criteria established by the American Association of Blood Banks. This documentation will be provided to the Medical Centers on request.

2.3.7.2. INVENTORY

2.3.7.2.1. In order to assure maximum availability and minimal loss of outdating the Contractor must agree to provide the agency with a working inventory of red cell products.

2.3.7.2.2. The Contractor agrees to meet the red cell products and other needs of the Medical Center, consistent with adequate supply from voluntary donation and in the absence of strikes, work stoppages and other circumstances or emergencies beyond its control that could affect its ability to supply the amount of blood products required.

2.3.7.2.3. The size of this inventory will be determined by past utilization, future needs assessments and the distance between the health care agency and the blood distribution point. The inventories will be reviewed semiannually or upon request of the agency, and revisions will be considered.

2.3.7.3. DELIVERY

2.3.7.3.1. The products required by this contract will be delivered in AABB/FDA approved and validated containers with adequate integrally attached segments (samples) for laboratory testing.

2.3.7.3.2. The Contractor will provide only units that are processed and labeled according to the current standards and regulations as required By the Center for Biologics Evaluation and Research (CBER), Food and Drug Administration and state and local law.

2.3.7.3.3. Each product will be shipped at appropriate storage conditions for the product and will be accompanied by an itemized order and distribution record.

2.3.7.4. CONSULTATION:

2.3.7.4.1. The Contractor shall provide 24-hour medical, technical and medical consultation.

2.3.8. INSPECTION AND ACCEPTANCE

2.3.8.1. Inspection of Offeror’s Facilities:

2.3.8.1.1. The right is reserved to thoroughly inspect and investigate the establishment and facilities and other qualifications of any offeror, and to reject any offer regardless of price, if it should be administratively determined as lacking in any of the essentials necessary to assure acceptable standards of performance.

2.3.9. THERAPEUTIC APHERESIS PROGRAM SERVICE

2.3.9.1. The Contractor will provide apheresis services to Harry S. Truman Memorial Hospital, Columbia, MO, and to Kansas City VA Hospital, Kansas City, MO.

2.3.9.2. The Contractor and Hospital agree that:

2.3.9.2.1. A written order or consult must be signed by the ordering physician.

2.3.9.2.2. VA Hospital staff will call to schedule the procedure with the Blood Center.

2.3.9.2.3. The Hospital will:

2.3.9.2.3.1. Provide a physician to be on call for emergency situations.

2.3.9.2.3.2. Assign a staff RN to the patient to assist with patient care, documentation and to administer medication or other required interventions (such as blood products, etc.)

2.3.9.2.3.3. Provide a site (inpatient areas at the patient’s bedside) within the Hospital for performance of the Therapeutic Apheresis Service.

2.3.9.2.3.4. In instances where required, the contractor staff will prepare thawed plasma in a timely manner and in the amount requested by the Center staff, for transfusion during the plasmapheresis process.

2.3.9.2.4. The Center will:

2.3.9.2.4.1. Provide trained staff that hold a current, valid license as a Registered Nurse and have annually completed both the Center’s Apheresis Competency Testing Program and the Infection Exposure Control and Chemical Hygiene review. All Registered Nurses will maintain a current BLS training verification. Registered Nurses will be credentialed through VetPro and will need to complete all required HIPAA and Privacy training.

2.3.9.2.4.2. Provide the machine and supplies for the apheresis procedure.

2.3.9.2.4.3. Provide the Hospital with a copy of the procedure patient consent form for inclusion in the patient chart.

2.3.9.2.4.4. Provide services at the patient’s bedside, 24 hours per day and 7 days per week. There is an additional charge for after hours’ procedures and delays.

2.3.9.2.5. Hospital Oversight of Services

2.3.9.2.5.1. At such times as deemed reasonably necessary by Hospital and at the Hospital’s written request, Center agrees to provide to Hospital any or all documents related, directly or indirectly to Center’s provision of services impacting patient care. Documentation must be received within twenty days of the written request. Such documents shall include, without limitation:

2.3.9.2.5.1.1. Evidence of accreditation and copy of most recent accreditation survey report.

2.3.9.2.5.1.2. Copies of all relevant certifications and licenses.

2.3.9.2.5.1.3. If applicable, verification of caregivers’ credentials providing patient care at Hospital.

2.3.9.2.5.1.4. Copies of employee immunization records, TB testing within one year, MMRV titers and Hepatitis B titer; and

2.3.9.2.5.1.5. Such other documents as may be reasonably related to Center’s provision of services.

2.3.9.2.5.2. Indemnification

2.3.9.2.5.2.1. Contractor agrees to indemnify and hold harmless the VA, its officers, employee and agents, against any and all claims, liabilities, rights, demands, causes of actions, costs, losses, expenses, judgments, or obligations, by whomever asserted, arising out of acts or omissions of contractor, its officers, employees or agents, in connection with the performance of Center’s responsibilities under the terms of this agreement, provided Center is given reasonable notice of claim and an opportunity to defend.

2.3.9.2.5.2.2. Negligent acts and omissions of our employees acting in the course and scope of their employment are covered by the federal tort claims act.

2.3.9.2.5.2.3. Termination

2.3.9.2.5.2.3.1. The Apheresis Program may be terminated by the Hospital by providing thirty days written notice to the Center.

2.3.10. DELIVERIES: FOB Destination. Indoor Point of Delivery

2.3.10.1. John Cochran VA Medical Center Blood Bank – Room D237 915 North Grand Blvd.

St. Louis, MO 63106

2.3.10.2. Marion Veterans Affairs Medical Center Blood Bank – Room B141 Building 42 2401 W Main St.

Marion, IL 62959

2.3.10.3. John J Pershing VA Medical Center, Blood Bank – Room 2037 1500 N Westwood Poplar Bluff, MO 63901

2.3.10.4. Harry S. Truman Memorial Hospital Blood Bank – Room D119 Hospital Dr.

Columbia, MO 65201

2.3.10.5. Robert J Dole VA Medical Center 5500 East Kellogg

Building 34, Room 106L Wichita, Kansas 67218

2.3.10.6. Colmery-O’Neil VA Medical Center Blood Bank, Room C201B 2200 Gage Boulevard Topeka, Kansas 66622

2.3.10.7. Dwight D. Eisenhower VA Medical Center Blood Bank, Room B301 4101 S. 4th Trafficway Leavenworth, Kansas 66048

2.3.10.8. Kansas City VA Medical Center Blood Bank, Room M1-419 4801 Linwood Blvd.

Kansas City, MO 64128

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Blood and Blood Products and Related Services Contract Period: Base Year POP Begin: 04-01-2022 POP End: 03-31-2023 PRINCIPAL NAICS CODE: 325414 - Biological Product (except Diagnostic) Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

Blood and Blood Products and Related Services Contract Period: Year 2 POP Begin: 04-01-2023 POP End: 03-31-2024

Blood and Blood Products and Related Services Contract Period: Year 3 POP Begin: 04-01-2024 POP End: 03-31-2025

Blood and Blood Products and Related Services Contract Period: Year 4 POP Begin: 04-01-2025 POP End: 03-31-2026

Blood and Blood Products and Related Services Contract Period: Year 5 POP Begin: 04-01-2026 POP End: 03-31-2027

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

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

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

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

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

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

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

(D) Contractor point of contact.

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

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause) C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2022)

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

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

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

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

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

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

[X] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

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

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

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

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

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

[X] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

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

[] (10) [Reserved] [] (11) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a).

[X] (12) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (13) [Reserved] [] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-6.

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[X] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219–9, Small Business Subcontracting Plan (NOV 2021) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[X] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (JUN 2020) of 52.219–9.

[] (v) Alternate IV (SEP 2021) of 52.219–9.

[] (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[X] (ii) Alternate I (MAR 2020) of 52.219-13.

[] (19) 52.219–14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 657s).

[X] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[] (21) 52.219–27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C. 657f).

[X] (22) (i) 52.219–28, Post-Award Small Business Program Rerepresentation (SEP 2021) (15 U.S.C. 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219–28.

[] (23) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (SEP 2021) (15 U.S.C. 637(m)).

[] (24) 52.219–30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (SEP 2021) (15 U.S.C. 637(m)).

[] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[] (26) l(26) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

[] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[X] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

[X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (30)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (ii) Alternate I (FEB 1999) of 52.222-26.

[X] (31)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[] (ii) Alternate I (JULY 2014) of 52.222-35.

[X] (32)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

[] (ii) Alternate I (JULY 2014) of 52.222-36.

[X] (33) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[X] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (35)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[] (36) 52.222-54, Employment Eligibility Verification (NOV 2021). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

[] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42…