36C25723Q0580.docx

Combined Synopsis/Solicitation Notice

GENERAL INFORMATION

SET-ASIDE

Network Contracting Office 17

5441 Babcock Road Ste. 302 San Antonio TX 78240

POINT OF CONTACT*

Contract Specialist Janice Malbon janice.malbon@va.gov

(210) 694-6340

PLACE OF PERFORMANCE

VA Central Texas Health Care System

190 Veterans Memorial Dr.

Temple TX

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

Combined Synopsis/Solicitation Notice

Combined Synopsis/Solicitation Notice

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

36C25723Q05 03- -2023 Janice Malbon 210-694-6319 03- -2023

CDT

36C257 Department Of Veterans Affairs Network Contracting Office 17 5441 Babcock Road Ste. 302 San Antonio TX 78240 X 621991 $35 Million N/A X 36C674 Department of Veterans Affairs VA Central Texas Health Care System 1901 Veterans Memorial Dr.

Temple TX 76504-7451 36C257 Department Of Veterans Affairs Network Contracting Office 17 5441 Babcock Road Ste. 302 San Antonio TX 78240

This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.

(877) 353-9791

(512) 460-5540 See CONTINUATION Page Request for Quote: CTX Blood Products Contractor shall supply blood products in accordance with the attached statement of work.

This contract will be an Indefinite Delivery Indefinite Quantity (IDIQ) Firm-Fixed-Price Contract.

All questions concerning this solicitation are to be submitted in writing prior to 03/ /2023, 2:00 PM CST to Janice Malbon at janice.malbon@va.gov See Section B for Statement of Work and Price/Cost Schedule.

See CONTINUATION Page X X X Michael J Tusinger Contracting Officer Page 1 of 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 36C257 Contracting Officer Department Of Veterans Affairs Network Contracting Office 17

5441 Babcock Road Ste. 302 San Antonio TX 78240

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.

Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 STATEMENT OF WORK

A. GENERAL INFORMATION

1. Title of Project: Blood Products, Blood Services Reference Testing, and As Needed Dry Ice with Delivery

2. Scope of Work: The contractor will obtain and test blood and blood components to meet standards set forth by the Food & Drug Association (FDA), American Association of Blood Bankers (AABB), and College of American Pathology (CAP). Components may include leukocyte-reduced red blood cells (LRBC), fresh frozen plasma (FFP), platelet apheresis (APLT), cryoprecipitate (CRYO), and other blood components as necessary to meet our Veterans’ transfusion needs. The Leuko-reduced red blood cells and platelet pheresis may be ordered to have been irradiated before shipment. The contractor will provide reference testing services to find compatible blood products for patients if the CTVHCS blood bank is unable to successfully type and crossmatch units. The contractor will provide any reference lab testing deemed necessary by the blood bank employee at CTVHCS. The contractor will provide transportation of blood products to Central Texas Veterans Healthcare. The contractor shall deliver dry ice on an as-needed basis with a courier service for delivery inside the CTVHCS laboratory.

3. Background: Blood Components are a critical need for a hospital for various reasons like surgeries, traumatic injuries, cancer treatments, and chronic illnesses and CTVHCS is a complexity level 1-A facility that provides all these services.

4. Period of Performance: 4/1/2023 to 3/31/2024 base year plus four ordering periods 4/1/2024 to 3/31/2028.

5. Type of Contract: This is a firm-fixed-price IDIQ contract.

B. GENERAL REQUIREMENTS

The Contractor shall provide all necessary supplies, equipment, and services required to deliver and rotate the stock of blood units at the Central Texas Veterans Health Care System (CTVHCS), 1901 Veterans Memorial Drive, Temple, Texas 76504.

By submitting an offer, the offeror certifies that their blood center is currently licensed by the FDA and accredited by AABB. A copy of the license and accreditation shall be submitted with the proposal.

C. SPECIFIC MANDATORY TASKS AND ASSOCIATED DELIVERABLES

1. All platelet apheresis products must be supplied as leuko-reduced.

2. All requests for fresh frozen plasma must be filled by fresh frozen plasma, not frozen plasma or cryo-reduced fresh frozen plasma.

3. Blood units shall be delivered before the expiration date stated on each unit and certified that all units have been tested by the required mandates of the FDA and the AABB.

4. Procedures for obtaining, storage, shipping, and delivery must conform to FDA and AABB requirements.

5. All units of blood shall be transported to the CTVHCS in Styrofoam mailing containers packed in dry ice. The Contractor shall provide containers that will be returned to the Contractor by CTVHCS.

6. The Contractor shall have a plan acceptable to CTVHCS for providing blood components to meet contract requirements in the event of a VA or other community disaster. The Contractor shall furnish a copy of this plan with its proposal.

7. Provide emergency contact information, fax information, and on-call protocols to ensure communications can be reliably transmitted to the Blood Bank Medical Director, and Blood Bank Laboratory staff. Changes to the emergency contact information should be routed through the Blood Center’s Hospital Services department.

8. Response to disasters and emergencies:

In event of regional, local, or Veterans Health Care System disasters or emergencies, re-allocation of the blood supply may be necessary. To this end, the Blood Center will establish and maintain an emergency availability program that will include specific parameters for communication and crisis management when product shortages dictate the careful rationing of available products. These parameters will include but not be limited to communication protocols and inventory management protocols to ensure to the best of our ability that products are made appropriately available for critical patient needs. Upon determination by the Blood Center that such a condition exists in the community or at the Veterans Health Care System, the following procedure will be used.

a. The Blood Center shall:

· Notify facilities of the need for the re-distribution of products.

· Move products to the Center for re-allocation.

· Account for redistributed products and issue credits and/or invoices as indicated.

· Make a reasonable effort to obtain products from outside sources as needed.

· With due diligence recruit donors and collect blood.

· The Blood Center will utilize emergency contact information provided by the Veterans Health Care System to notify the Veterans Health Care System of shortages, product recalls, or other events that warrant management attention and review.

b. The Veterans Health Care System shall:

· Evaluate current inventory and, to the extent possible, release products for re-distribution in the event of a community disaster.

· Provide minimum emergency stock recommendations to facilitate communications during a crisis and/or stock shortage. This stock level must be reviewed at least once annually and approved by the Veterans Health Care System Blood Bank Medical Director and the Blood Center.

9. No charge will be made for blood returned to the Contractor within seven (7) calendar days before the expiration date.

10. Types of Blood deliveries

· Regular Deliveries; two times per week.

· Extra Deliveries as requested by CTVHCS. (Other than regular two times per week deliveries)

· STAT Deliveries as requested by CTVHCS. (Deliveries are required within 2-3 hours after notification).

11. Dry Ice Delivery:

· Dry will be delivered only on an as-needed basis. This will be used as a backup method to the current dry ice delivery.

· Dry ice will be in pellet form.

· Dry ice will be placed inside the dry ice container located in the phlebotomy accessioning area of the laboratory.

· Dry ice will be delivered by a courier and delivered inside the laboratory.

D. SCHEDULE FOR DELIVERABLES

Regular blood deliveries shall be made two times per week by the Contractor to CTVHCS. Units not used by CTVHCS will be returned to the Contractor as is mutually agreed upon by the Contractor and CTVHCS. Units will be shipped by AABB specifications.

E. CHANGES TO STATEMENT OF WORK

Any changes to this SOW shall be authorized and approved only through written correspondence from the CO. A copy of each change will be kept in a project folder along with all other products of the project. Costs incurred by the contractor through the actions of parties other than the CO shall be borne by the contractor.

If new FDA-mandated requirements that do not exist at the time of this contract result in exceeding projected increases in pricing by 5% or more, the Contractor reserves the right to submit an amended fee schedule. Any pricing increases necessitated by changes in federal testing requirements will be submitted in writing by Section 52.212-4, Contract Terms and Conditions, subsection c. This notice will include a specific description of the FDA regulations and citations necessitating this change. Specific dollar increases will represent the Contractor’s cost to perform the test with no further markup.

F. GOVERNMENT RESPONSIBILITIES

1. After completion of all transfusions, the blood containers and tubing will be returned to Pathology and Laboratory Medicine Service, and documentation completed by Professional Service Memorandum No. 113.1

2. The Chief, of Pathology and Laboratory Medicine Service, will ensure an accurate record-keeping system is established within the service to provide for efficient management of blood and blood components for this contract.

3. CTVHCS will return for credit, within fifteen (15) calendar days of receipt, any unit which is rejected due to an error in labeling or if the product is of unacceptable quality.

4. If contaminated blood is found, it will be returned to the Contractor. An experienced Blood Bank employee will decide to either accept or reject the unit of possible contaminated blood or blood component.

5. CTVHCS Blood Bank is under the direction of the Chief, of Pathology and Laboratory Medicine Service. After the award of a contract, a Contracting Officer’s Representative (COR) will be designated to monitor contractor performance.

6. CTVHCS blood bank personnel will place orders by telephone, online, or fax for quantities and items as needed. CTVHCS blood bank personnel will order special order items by FAX or telephone correspondence. The CTVHCS blood bank personnel will state the time required for delivery. Multiple deliveries may be required on the same day.

7. CTVHCS will handle and store blood by FDA and AABB regulations. CTVHCS will allow annual inspection of its procedures and conditions for handling and storing blood products by the Contractor.

8. CTVHCS must return blood to the Contractor within seven (7) calendar days before the expiration date on the unit.

9. CTVHCS will comply with all FDA-mandated follow-up/look-back recommendations.

G. CONFIDENTIALITY AND NONDISCLOSURE

It is agreed that:

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

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

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

Attachment A to the Statement of Work

Schedule of Deliverables Item

Leuko-reduced red blood cells (LRBC) Leuko-reduced platelet apheresis Fresh Frozen Plasma Cryoprecipitate (pools of 5) Irradiation, Request Coding Quantity

Delivery Date

IDIQ

IDIQ

IDIQ

IDIQ

As Needed Dry Ice As Needed Dry Ice Courier Charge

Reference Testing (to include special treatment of specimen and/or blood units) Special Pick-up/Delivery

AS NEEDED

IDIQ

*Quantities as listed are estimated based upon a prior history of actual volumes and are not a guaranteed minimum. Dry ice and dry ice courier quantity estimates are on an as-needed basis.

B.3 PRICE/COST SCHEDULE

This is a Single Award, Firm-Fixed Price, Indefinite Delivery Indefinite Quantity (IDIQ) Contract.

The guaranteed minimum award amount for this contract is $1,000.00. The maximum aggregate value of orders that can be placed under this contract is $2,750,000.00. The Government does not guarantee that it will place any orders under this contract more than the guaranteed minimum award amount.

Ordering Period:

POP Begin: 04/01/2023 POP End: 03/31/2028 DELIVERY – Central Texas Veterans Health Care System.

VA Central Texas HCS

P&LMS

1901 Veterans Memorial Dr.

Temple TX 76504

ITEM INFORMATION

LEUKOREDUCED RED BLOOD CELLS 2

Contract Period: Base POP Begin: 04-01-2023 POP End: 03-31-2024 PRINCIPAL NAICS CODE: 621991 - Blood and Organ Banks PRODUCT/SERVICE CODE: 6505 - Drugs and Biologicals

LEUKOREDUCED PLATLET APHERESIS

POP Begin: 04-01-2023 POP End: 03-31-2024

FRESH FROZEN PLASMA

POP Begin: 04-01-2023 POP End: 03-31-2024

CRYOPRECIPITATE - POOLS OF 5

POP Begin: 04-01-2023 POP End: 03-31-2024

REFERENCE/SPECIAL TESTING AND SERVICES AS NEEDED: TO INCLUDE: AHG, ABID, BLOOD TYPING, COMPATIBILITY TESTING, COLD AGGLUTININ, IRRADIATION, CMV NEGATIVE, PHENOTYPING, ABSORPTION TREATMENT, ADSORPTION TREATMENT, ENZYME TREATMENT, ELUTION TREATMENT, ANTIGEN TYPING, SPECIAL PICK-UP/DELIVERY

POP Begin: 04-01-2023 POP End: 03-31-2024

IRRADIATION REQUEST CODING

POP Begin: 04-01-2023 POP End: 03-31-2024

AS NEEDED DRY ICE

POP Begin: 04-01-2023 POP End: 03-31-2024

AS NEEDED DRY ICE COURIER CHARGE

POP Begin: 04-01-2023 POP End: 03-31-2024

LEUKOREDUCED RED BLOOD CELLS 2

Contract Period: Ordering period 1 POP Begin: 04-01-2024 POP End: 03-31-2025

LEUKOREDUCED PLATLET APHERESIS

POP Begin: 04-01-2024 POP End: 03-31-2025

FRESH FROZEN PLASMA

POP Begin: 04-01-2024 POP End: 03-31-2025

CRYOPRECIPITATE - POOLS OF 5

POP Begin: 04-01-2024 POP End: 03-31-2025

REFERENCE/SPECIAL TESTING AND SERVICES AS NEEDED: TO INCLUDE: AHG, ABID, BLOOD TYPING, COMPATIBILITY TESTING, COLD AGGLUTININ, IRRADIATION, CMV NEGATIVE, PHENOTYPING, ABSORPTION TREATMENT, ADSORPTION TREATMENT, ENZYME TREATMENT, ELUTION TREATMENT, ANTIGEN TYPING, SPECIAL PICK-UP/DELIVERY

POP Begin: 04-01-2024 POP End: 03-31-2025

IRRADIATION REQUEST CODING

POP Begin: 04-01-2024 POP End: 03-31-2025

AS NEEDED DRY ICE

POP Begin: 04-01-2024 POP End: 03-31-2025

AS NEEDED DRY ICE COURIER CHARGE

POP Begin: 04-01-2024 POP End: 03-31-2025

LEUKOREDUCED RED BLOOD CELLS 2

Contract Period: Ordering period 2 POP Begin: 04-01-2025 POP End: 03-31-2026

LEUKOREDUCED PLATLET APHERESIS

POP Begin: 04-01-2025 POP End: 03-31-2026

FRESH FROZEN PLASMA

POP Begin: 04-01-2025 POP End: 03-31-2026

CRYOPRECIPITATE - POOLS OF 5

POP Begin: 04-01-2025 POP End: 03-31-2026

REFERENCE/SPECIAL TESTING AND SERVICES AS NEEDED: TO INCLUDE: AHG, ABID, BLOOD TYPING, COMPATIBILITY TESTING, COLD AGGLUTININ, IRRADIATION, CMV NEGATIVE, PHENOTYPING, ABSORPTION TREATMENT, ADSORPTION TREATMENT, ENZYME TREATMENT, ELUTION TREATMENT, ANTIGEN TYPING, SPECIAL PICK-UP/DELIVERY

POP Begin: 04-01-2025 POP End: 03-31-2026

IRRADIATION REQUEST CODING

POP Begin: 04-01-2025 POP End: 03-31-2026

AS NEEDED DRY ICE

POP Begin: 04-01-2025 POP End: 03-31-2026

AS NEEDED DRY ICE COURIER CHARGE

POP Begin: 04-01-2025 POP End: 03-31-2026

LEUKOREDUCED RED BLOOD CELLS 2

Contract Period: Ordering period 3 POP Begin: 04-01-2026 POP End: 03-31-2027

LEUKOREDUCED PLATLET APHERESIS

POP Begin: 04-01-2026 POP End: 03-31-2027

FRESH FROZEN PLASMA

POP Begin: 04-01-2026 POP End: 03-31-2027

CRYOPRECIPITATE - POOLS OF 5

POP Begin: 04-01-2026 POP End: 03-31-2027

REFERENCE/SPECIAL TESTING AND SERVICES AS NEEDED: TO INCLUDE: AHG, ABID, BLOOD TYPING, COMPATIBILITY TESTING, COLD AGGLUTININ, IRRADIATION, CMV NEGATIVE, PHENOTYPING, ABSORPTION TREATMENT, ADSORPTION TREATMENT, ENZYME TREATMENT, ELUTION TREATMENT, ANTIGEN TYPING, SPECIAL PICK-UP/DELIVERY

POP Begin: 04-01-2026 POP End: 03-31-2027

IRRADIATION REQUEST CODING

POP Begin: 04-01-2026 POP End: 03-31-2027

AS NEEDED DRY ICE

POP Begin: 04-01-2026 POP End: 03-31-2027

AS NEEDED DRY ICE COURIER CHARGE

POP Begin: 04-01-2026 POP End: 03-31-2027

LEUKOREDUCED RED BLOOD CELLS 2

Contract Period: Ordering period 4 POP Begin: 04-01-2027 POP End: 03-31-2028

LEUKOREDUCED PLATLET APHERESIS

POP Begin: 04-01-2027 POP End: 03-31-2028

FRESH FROZEN PLASMA

POP Begin: 04-01-2027 POP End: 03-31-2028

CRYOPRECIPITATE - POOLS OF 5

POP Begin: 04-01-2027 POP End: 03-31-2028

REFERENCE/SPECIAL TESTING AND SERVICES AS NEEDED: TO INCLUDE: AHG, ABID, BLOOD TYPING, COMPATIBILITY TESTING, COLD AGGLUTININ, IRRADIATION, CMV NEGATIVE, PHENOTYPING, ABSORPTION TREATMENT, ADSORPTION TREATMENT, ENZYME TREATMENT, ELUTION TREATMENT, ANTIGEN TYPING, SPECIAL PICK-UP/DELIVERY

POP Begin: 04-01-2027 POP End: 03-31-2028

IRRADIATION REQUEST CODING

POP Begin: 04-01-2027 POP End: 03-31-2028

AS NEEDED DRY ICE

POP Begin: 04-01-2027 POP End: 03-31-2028

AS NEEDED DRY ICE COURIER CHARGE

POP Begin: 04-01-2027 POP End: 03-31-2028

B.4 DELIVERY SCHEDULE

VA Central Texas HCS

P&LMS

1901 Veterans Memorial Dr.

Temple TX 76504

USA

36C25723Q0580

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SECTION C - CONTRACT CLAUSES

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 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. 4655).

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

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

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

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

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

[X] (8) 52.209–6, 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 (OCT 2022) (15 U.S.C. 657a).

[X] (12) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (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 2022) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219–9, Small Business Subcontracting Plan (OCT 2022) (15 U.S.C. 637(d)(4)).

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

[] (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)).

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

[] (19) 52.219–14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

[] (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 (OCT 2022) (15 U.S.C. 657f).

[X] (22) (i) 52.219–28, Post-Award Small Business Program Rerepresentation (OCT 2022) (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 (OCT 2022) (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 (OCT 2022) (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).

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

[X] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (DEC 2022) (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 (MAY 2022). (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 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[] (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (OCT 2015) of 52.223-13.

[] (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-14.

[] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

[] (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (44) 52.223–18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

[] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[] (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[] (ii) Alternate I (JAN 2017) of 52.224-3.

[] (48)(i) 52.225-1, Buy American—Supplies (OCT 2022) (41 U.S.C. chapter 83).

[] (ii) Alternate I (OCT 2022) of 52.225–1.

[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (DEC 2022) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate I [Reserved].

[] (iii) Alternate II (DEC 2022) of 52.225-3.

[] (iv) Alternate III (JAN 2021) of 52.225-3.

[] (v) Alternate IV (OCT 2022) of 52.225-3.

[X] (50) 52.225–5, Trade Agreements (DEC 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (52) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

[] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[X] (55) 52.229–12, Tax on Certain Foreign Procurements (FEB 2021).

[] (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

[] (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

[X] (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

[] (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[] (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[X] (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

[] (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

[] (ii) Alternate I (Apr 2003) of 52.247-64.

[] (iii) Alternate II (NOV 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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:

[] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

[] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

[] (9) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

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

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

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

(ii) 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)).

(iii) 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).

(iv) 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).

(v) 52.219–8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vii) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

(viii) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(ix) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(x) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xiii)(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xx) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxi) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

C.3 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 04/01/2023 through 03/31/2028.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of Clause)

C.4 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $100.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $550,000.00;

(2) Any order for a combination of items in excess of $2,750,000.00; or

(3) A series of orders from the same ordering office within 1 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 03/31/2028.

(End of Clause)

C.6 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

The Contracting Officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee’s authority. A copy of the designation letter shall be furnished to the Contractor.

(End of Clause)

C.7 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

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

(a) The Contractor shall conform to the standards established by: AAB, CLIA, and FDA. CLIA, and FDA as to Accreditation.

(b) The Contractor shall submit proof of conformance to the standard. This proof may be a label or seal affixed to the equipment or supplies, warranting that the item(s) have been tested in accordance with the standards and meet the contract requirement. Proof may also be furnished by the organization listed above certifying that the item(s) furnished have been tested in accordance with and conform to the specified standards.

(c) Offerors may obtain the standards cited in this provision by submitting a request, including the solicitation number, title and number of the publication to: AAB, CLIA, and FDA.

(d) The offeror shall contact the Contracting Officer if response is not received within two weeks of the request.

(End of Clause)

C.10 VAAR 852.212-71 GRAY MARKET ITEMS (FEB 2023)

(a) No used, refurbished, or remanufactured supplies or equipment/parts shall be provided. This procurement is for new Original Equipment Manufacturer (OEM) items only. No gray market items shall be provided.