36C25626Q0780.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

586-26-1-037-0003

36C25626Q0780

Michelle Atwell 713-794-8993

Department of Veterans Affairs Network Contracting Office 16 5075 Westheimer Road, Suite 750

Houston TX 77056-5643

X 100

X

334516

1000 Employees

N/A

X

Department of Veterans Affairs G.V. (Sonny) Montgomery

1500 E. Woodrow Wilson Dr.

Jackson MS 39216-5116

Department of Veterans Affairs Network Contracting Office 16 5075 Westheimer Road, Suite 750

Houston TX 77056-5643

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

See CONTINUATION Page

See Price/Cost Schedule and Statement of Work

See Addendum to Instructions to Offerors for quotation submission instructions.

See CONTINUATION Page x X x 1

Tammie Chaney Contracting Officer

36C25626Q0780

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

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) ... 25

C.4 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS

(APR 2026) (DEVIATION)

C.5 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

C.6 VAAR 852.204-72 PERSONNEL VETTING AND CREDENTIALING (DEVIATION)

(MAR 2026)

C.7 VAAR 852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL (DEVIATION) (MAR 2026)

C.8 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

C.9 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.10 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

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

C.12 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023) ... 45

C.13 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (NOV 2022)

C.14 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

C.15 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) . 49

C.16 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

C.17 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

C.18 VAAR 852.247-72 MARKING DELIVERABLES (OCT 2018)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023)

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 (NOV 2021)

E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION

FEB 2025)

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

Department of Veterans Affairs

Network Contracting Office 16

5075 Westheimer Road, Suite 750

Houston TX 77056-5643

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

[X] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Upon Receipt and Acceptance

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

It is your firm’s responsibility to submit a completed and signed Final Invoice Memo (template is located in section D) in accordance with the terms and conditions of this contract. The Final Invoice Memo must be signed and attached to your firm’s submission of the final invoice for final payment or within seven (7) calendar days after the period of performance or contract expiration.

If the Contracting Officer or designated representative does not receive a signed copy of the

Final Invoice Memo with your firm’s final invoice for final payment and/or if the Government does not hear from your firm via e-mail after seven (7) calendar days, after the period of performance or contract expiration, the Government will accept that there is adequate evidence that all supplies and services have been delivered and accepted, all invoices have been paid, and that there are no outstanding invoices or issues concerning this contract; thus, the Government will continue with a unilateral de-obligation of any remaining funds and issue the signed modification to all parties. Further, failure to submit a signed Final Invoice Memo could result in a negative CPARS entry as a lack of business-like concern for the interest of the customer—which in this case is the VAMC. Notwithstanding the claim period Stated in FAR 52.233-1, Disputes, and pursuant to FAR 33.206, Initiation of a Claim, the contractor agrees to submit any claim related to this contract within 12 months after accrual.

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

AMENDMENT NO DATE

Statement Of Work (SOW)

Blood Gas Analyzers and Associated Consumables with Full-Service Maintenance

G.V. (Sonny) Montgomery VA Medical Center

1500 E. Woodrow Wilson Dr., Jackson, MS 39216

1. Authorized Government Representative (AGR)

The CO is the only person authorized to approve changes or modify any of the requirements of this contract. The Contractor shall communicate with the Authorized Government Representative on all matters pertaining to contract administration and technical direction.

Only the CO is authorized to make commitments or issue changes that shall affect price, quantity, or quality of performance of this contract. The Authorized Government Representative for this requirement is:

Name: Kimberly Cline

Section: Respiratory Care/Specialty Care Service

Address: 1500 E. Woodrow Wilson Dr., Jackson, MS 39216

Phone Number: 601-362-4471 x52190

E-Mail Address: Kimberly.cline@va.gov

2. Contract Title: Blood Gas Analyzers and Associated Consumables with Full-Service Maintenance

3. Background.

The G.V. (Sonny) Montgomery VA Medical Center (Jackson VAMC) requires the acquisition of two (2) state-of-the-art blood gas analyzers and lease renewal for one (1) of the existing blood gas analyzers (Brand Name or Equal) for its laboratory operations. These analyzers are mission-critical medical diagnostic tools used to measure arterial blood gases (ABG), electrolytes, co-oximetry parameters, and metabolites, offering rapid, high-accuracy clinical insights for patients experiencing respiratory distress, metabolic imbalances, or acute critical illness. These devices are vital to patient stabilization and diagnosis in emergency, intensive care, and pulmonary service environments.

The required analyzers must be capable of delivering high-throughput, low-volume sample analysis with precision and reliability. The contract must also include a full-service maintenance program with preventive and corrective actions, all consumables, and performance monitoring to ensure continuous availability without clinical interruption.

4. Scope.

The contractor shall furnish and deliver two (2) Radiometer ABL90 FLEX PLUS Analyzers, along with all required accessories, consumables, and calibration items to the Jackson VAMC as well as full-service maintenance.

The contractor shall lease one (1) existing Radiometer ABL 820 Analyzers, along with all required accessories, consumables, and calibration items to the Jackson VAMC as well as full-service maintenance.

The Contractor shall provide, deliver, install, and support two (2) fully operational blood gas analyzers. The required support includes:

• Turnkey delivery and installation

• All necessary consumables to operate the analyzers

• Full-service preventive and corrective maintenance for the base and four (4) option years

• Comprehensive warranty coverage

• 24/7 remote and on-site technical support

• Staff training and ongoing user support

• Software, firmware, and calibration updates

4.1 Equipment and Model

• Model: Radiometer ABL90 Flex Plus Analyzer x 2; Radiometer ABL820 x 1

• Built-in barcode scanner

• Sample trays, maintenance-free electrodes

• Onboard printer and touchscreen display

• Real-time calibration gas management

• Ethernet/LAN interface for LIS/wireless

4.2 Required Deliverables for the ABL 90Flex:

• ABL 90 Solution Pack

• ABL 90 SC 300/30 bg, lyt, oxy, met, qc

• S7770 tHb Calibrating Solution

• Thermal Paper (8) rolls per box

• Verification Kit ABL90 VK Kit

• Inlet connector gasket ABL 90

• Inlet gasket with holder, ABL90 PLUS

• QC5+ LEVEL 1

• QC5+ LEVEL 2

• QC5+ LEVEL 3

4.3 Required Deliverables for the ABL 820:

• Pump Tube Waste Range Kits

• Plus VK Kits

• AUTOCHECK 3+ (Levels 1, 2, 3)

• AUTOCHECK 4+ (Level 4)

• Cleaning Solution w/ Additive Cal

• Calibration Solution 1 & 2 (S1830)

• Rinse Solution (600mL)

• Hypochlorite Solution (SS362)

• tHb Calibrating Solution (S7770)

• Disposable Waste Containers (D513)

• REF Membranes (D711 – 4/box)

• pO₂ Membranes (D799 – 4/box)

• pCO₂ Membranes (D788)

• Calibration Gas Cylinders (Red Label & Green Label)

• Thermal Paper, Fan Filters, Gaskets

5. Salient Characteristics

The required analyzers must meet the following minimum salient characteristics:

• Bio-safe, cartridge-based blood gas system with reagents and waste 100% confined to the cartridge.

• Bench top, not to exceed 100 lbs.

• Dimension not to exceed 20” W x 20” D x 20” H. 3.6.1.5. Built in cartridge-based auto- QC that meets all regulatory standards. QC must be sampled through the same port as patient samples (No IQCP required).

• Automatic calibration for blood gases at specified intervals compliant with regulatory agencies.

• Capability to analyze and temperature correct the following parameters – pH, pCO2, pO2, HCO3, sO2, Base Excess, Hemoglobin (tHb) and Carboxyhemoglobin (COHb).

3.6.1.8. Ability to calibrate hemoglobin.

• Clot detection and automatic clearance capability.

• Automatic cleaning of probe.

• Onboard keyboard and integrated barcode reader for the ability to input, or download, patient name, O2 appliance, FIO2 and/or O2 LPM, SSN, Accession # and sample type.

• Sample types: Arterial, venous, mixed venous, capillary & proficiency tests, at a minimum.

• Minimal operator performed maintenance.

• Onboard reagent management system with barcode reader.

• Bidirectional connection to VistA (LIS) via an HL7 interface such as Data Innovations and Radiance.

• Operating system must be Windows 7 or above.

• Ability to lockout operators based on specific criteria.

• Ability to lockout testing in the event of failed QC.

• Ability to do STAT testing.

• Software upgrades at no additional charge.

• Warranty for the entire agreement period.

• Linearity kits, 2 per year, per analyzer. 3.6.1.23. Manual quality control material as necessary for troubleshooting and lot number changes.

6. Maintenance and Support Requirements

The vendor shall provide comprehensive full-service support for the two (2) new Radiometer ABL 90 Flex analyzers and the one (1) existing Radiometer ABL 820 that ensures minimal downtime and optimal analyzer performance throughout the contract period. This includes:

6.1 Preventive Maintenance (PM):

• Biannual PM inspections, calibration, and diagnostics

• Full testing of all parameters

• Replacement of wear-and-tear items (e.g., tubing, membranes, filters)

• Documentation of completed maintenance and service logs

• All services performed by OEM-certified technicians

6.2 Corrective Maintenance:

• Unlimited emergency repair support

• Response time: Within 24 hours of notification

• Resolution time: Within 48 hours unless parts require overnight shipping

• All parts, labor, and travel costs included

• Priority escalation process if equipment is down beyond 48 hours

• OEM-certified parts only – no substitutes permitted

6.3 Technical Support:

• 24/7 remote technical assistance for VA laboratory staff

• On-site field engineering visits if the issue is unresolved remotely

• All service actions to be logged and coordinated through the COR

• Replacement loaner units available if downtime exceeds 72 hours

6.4 Software/Firmware Support:

• Regular updates for all analyzers throughout contract

• Calibration data verification and LIS interface compatibility checks

• Software patching to ensure cybersecurity compliance

7. Period of Performance

PERIOD DATE: BASE YEAR: 6/18/2026 - 6/17/2027

OPTION YEAR 1: 6/18/27 - 6/17/28

OPTION YEAR 2: 6/18/28 - 6/17/29

OPTION YEAR 3: 6/18/29 - 6/17/30

OPTION YEAR 4: 6/18/30 - 6/17/31

8. Delivery

G.V. (Sonny) Montgomery VA Medical Center

1500 E. Woodrow Wilson Drive

Jackson, Mississippi 39216

Attn: Biomedical Engineering or Laboratory Receiving

9. Security Requirements

• No sensitive information or IT system access is required.

• A Security Accreditation Package is NOT required for this procurement.

Records Management:

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created while performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. Jackson VAMC and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of [Agency] or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to [Agency]. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. Contractor personnel shall sign VA Form 10-0708 “Employee Clearance from Indebtedness” before resigning or termination from Contractor working for Jackson VAMC and Facility Records Officer must sign form. A copy of the completed signed VA Form 10-0708 (Contractor personnel and Facility Records Officer signatures) shall be placed in each competency folder. When information, data, documentary material, records and/or equipment are no longer required, it shall be returned to [Agency] control, or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle].

Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

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

7.The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with Jackson VAMC policy.

8. The Contractor shall not create or maintain any records containing any non-public Jackson VAMC information that are not specifically tied to or authorized by the contract.

9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

10. The Jackson VAMC owns the rights to all data and records produced as part of this contract.

All deliverables under the contract are the property of the U.S. Government for which Jackson VAMC shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take [Agency]-provided records management training.

The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training. TMS (Talent Management System) course VA 4192704: “Records Management for Everyone” [Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.]

12. Flow-down of requirements to subcontractors:

a. The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same.

b. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

Invoicing and Payment: Contractor is authorized prompt payment in accordance with applicable regulation following the successful performance of work, execution of services, and completion of required deliverables. Contractor invoices shall be submitted IAW VAAR Clause 852.232-72 Electronic Submission of Payment Requests. Invoices submitted for payment must be detailed to the extent necessary to reflect the work done and the services performed during the time periods when completed so an accurate assessment can be made by the facility for certification of these invoices for payment. Advance payments are not authorized, and Contractor is not authorized payment for future work not performed and/or for work that has not been successfully completed.

Final Invoicing Instructions: It is your firm’s responsibility to submit a completed and signed Final Invoice Memo (see attached template) in accordance with the terms and conditions of this contract. The Final Invoice Memo must be signed and attached to your firm’s submission of the final invoice for final payment or within seven (7) calendar days after the period of performance or contract expiration. If the CO or designated representative does not receive a signed copy of the Final Invoice Memo with your firm’s final invoice for final payment and/or if the Government does not hear from your firm via e-mail after seven (7) calendar days, after the period of performance or contract expiration, the Government will accept that there is adequate evidence that all supplies and services have been delivered and accepted, all invoices have been paid, and that there are no outstanding invoices or issues concerning this contract; thus, the Government will continue with a unilateral de-obligation of any remaining funds and issue the signed modification to all parties. Further, failure to submit a signed Final Invoice Memo could result in a negative CPARS entry as a lack of business-like concern for the interest of the customer, which in this case is the VAMC. Notwithstanding the claim period stated in FAR 52.233-1, Disputes, and pursuant to FAR 33.206, Initiation of a Claim, the Contractor agrees to submit any claim related to this contract within 12 months after accrual.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVI

CES

QUANTI

TY

UNI

T UNIT PRICE AMOUNT

12.00 MO _______________

ABL90 FLEX PLUS ANALYZER (Brand Name or Equal) - Full-service maintenance program with preventive and corrective actions, all consumables, and performance monitoring to ensure continuous availability without clinical interruption.

Contract Period: Base POP Begin: 06-18-2026 POP End: 06-17-2027 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6630 - Chemical Analysis Instruments

LOCAL STOCK NUMBER: 001

ABL 820 Analyzers (Brand Name or Equal) - Full-service maintenance program with preventive and corrective actions, all consumables, and performance monitoring to ensure continuous availability without clinical interruption.

Contract Period: Base POP Begin: 06-18-2026 POP End: 06-17-2027 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6630 - Chemical Analysis

ABL90 FLEX PLUS ANALYZER (Brand Name or Equal)- Full-service maintenance program with preventive and corrective actions, all consumables, and performance monitoring to ensure continuous availability without clinical interruption.

Contract Period: Option 1 POP Begin: 06-18-2027 POP End: 06-17-2028 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing

ABL 820 Analyzers (Brand Name or Equal) - Full-service maintenance program with preventive and corrective actions, all consumables, and performance monitoring to ensure continuous availability without clinical interruption.

Contract Period: Option 1 POP Begin: 06-18-2027

POP End: 06-17-2028 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing

ABL90 FLEX PLUS ANALYZER (Brand Name or Equal)- Full-service maintenance program with preventive and corrective actions, all consumables, and performance monitoring to ensure continuous availability without clinical interruption.

Contract Period: Option 2 POP Begin: 06-18-2028 POP End: 06-17-2029 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing

ABL 820 Analyzers (Brand Name or Equal) - Full-service maintenance program with preventive and corrective actions, all consumables, and performance monitoring to ensure continuous availability without clinical interruption.

Contract Period: Option 2 POP Begin: 06-18-2028 POP End: 06-17-2029 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing

ABL90 FLEX PLUS ANALYZER (Brand Name or Equal) - Full-service maintenance program with preventive and corrective actions, all consumables, and performance monitoring to ensure continuous availability without clinical interruption.

Contract Period: Option 3 POP Begin: 06-18-2029 POP End: 06-17-2030 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing

ABL 820 Analyzers (Brand Name or Equal) - Full-service maintenance program with preventive and corrective actions, all consumables, and performance monitoring to ensure continuous availability without clinical interruption.

Contract Period: Option 3 POP Begin: 06-18-2029 POP End: 06-17-2030 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6630 - Chemical Analysis Instruments

4001 12.00 MO _______________

ABL90 FLEX PLUS ANALYZER (Brand Name or Equal)- Full-service maintenance program with preventive and corrective actions, all consumables, and performance monitoring to ensure continuous availability without clinical interruption.

Contract Period: Option 4 POP Begin: 06-18-2030 POP End: 06-17-2031 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6630 - Chemical Analysis Instruments

4002 12.00 MO _______________

ABL 820 Analyzers (Brand Name or Equal) - Full-service maintenance program with preventive and corrective actions, all consumables, and performance monitoring to ensure continuous availability without clinical interruption.

Contract Period: Option 4 POP Begin: 06-18-2030 POP End: 06-17-2031 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6630 - Chemical Analysis Instruments

GRAND TOTAL _______________

B.3 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

0001 12.00

0002 12.00 1001 12.00 1002 12.00 2001 12.00 2002 12.00 3001 12.00 3002 12.00 4001 12.00 4002 12.00

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(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; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

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

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

(End of Clause)

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

2000)

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

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

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

(End of Clause)

C.4 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL

CONTRACTORS (APR 2026) (DEVIATION)

(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.5 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:

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

https://www.sam.gov

(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…