36C25724Q0003.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

504-24-2-044-0014

36C25724Q0003 11-29-2023

Ognian Ivanov (210) 694-6302 12-06-2023

10:00 CST

36C257 Department Of Veterans Affairs Network Contracting Office 17

5441 Babcock Road Ste. 302 San Antonio TX 78240

X

621511

$41.5 Million

N/A

X

Department of Veterans Affairs Amarillo VA Health Care System 6010 Amarillo Blvd. West

Amarillo TX 79106-1991

36C257

Department Of Veterans Affairs Network Contracting Office 17

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

Please see Section B for Statement of Work, Price/Cost Schedule

See CONTINUATION Page

X X

X ONE

Vance Wayne Farrell Contracting Officer

36C25724Q0003

Table of Contents

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 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.2 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2023)

C.3 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR

INFORMATION SYSTEMS (NOV 2021)

C.4 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2023)

C.5 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

C.6 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.7 VAAR 852.204-71 INFORMATION AND INFORMATION SYSTEMS SECURITY

(FEB 2023)

C.8 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.9 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 53

C.10 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

C.11 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

1998)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

E.5 52.237-1 SITE VISIT (APR 1984)

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

Department Of Veterans Affairs

Network Contracting Office 17

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[X] 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Upon Performance

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

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

AMENDMENT NO DATE

Statement of Work

Procurement and Delivery of Proficiency Testing for Calibrations/Verifications/Linearity (CVL) Survey Supplies and Service

Amarillo VAHCS A. Background

The Amarillo Veterans Affairs Health Care System (AVAHCS) Department of Pathology & Laboratory Service (P&LMS) and all Community Based Outpatient Clinics (CBOC) that perform testing on patients (human specimens) must subscribe to an external proficiency testing program as an enhancement to the internal quality control program that meets Clinical Laboratory Improvement Act (CLIA) 1988 and amendments to:

a. Ensure reliability of patient testing in the laboratory.

b. Meet accreditation requirements.

c. Must subscribe to external proficiency test (PT) programs for all analytes for which PT is available, including waived testing, provider performed microscopy, and unregulated analytes.

d. VHA Handbook 1106.01, Page 24-25, Paragraph 8, section b (1), January 29,2016 https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=3169

PROFICIENCY TESTING

• PT Requirements. The laboratory must perform, and report PT from a CMS ram approved by the VA National Enforcement Officer for every instrument/method (including backups) utilized for patient testing and for every site where patient testing is performed. All of these test’s systems must be formally evaluated by the provider for satisfactory performance. A separate PT kit must be ordered for each instrument, method, or site utilized for patient testing. All the challenges provided in one kit for a specific analyte must be run on the same instrument, method, or site to allow the tracking of the instrument, method, or site performance throughout the year.

• Clinical Lab Tool- CL.265.05 Is proficiency testing performed and reported on every instrument utilized for patient testing and for every site where patient testing is performed? PT must be performed and reported on each instrument in each of the following circumstances:

When the lab has multiple instruments used interchangeably to perform patient testing.

For any instrument or method that the lab would use as a backup to perform the patient test runs if the primary instrument is down.

At each ancillary testing site.

On each instrument at each ancillary testing site.

AVAHCS P&LMS performs clinical diagnostic tests on patients (human specimens) and in the event should any or all departments within the P&LMS should fail to meet the PT requirements as described in 42 CFR 493, Subpart H, or who have demonstrated deficiencies which pose a direct threat to patients may be instructed to terminate those particular diagnostic testing.

https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=3169

The vendor shall determine the analyte specific evaluation criteria and target values used to grade PT results for regulated analytes. CLIA categorization is determined after the FDA has cleared or approved a marketing submission. The FDA determines the test’s complexity by reviewing the package insert test instructions submitted by the manufacturer and using a criteria “scorecard” to categorize a test as moderate or high complexity.

B. Scope

The overall purpose of this requirement is to obtain a vendor to provide a CLIA’88 approved proficiency testing program so that AVAHCS P&LMS and ancillary testing sites that perform patient testing are in compliance with the VHA Handbook 1106.01 proficiency testing requirements for a term of 12 months (1 year).

AVAHCS P&LMS and ancillary testing sites perform patient testing in the following CLIA specialties/subspecialties: Arterial Blood Gases, General Immunology, Hematology, Routine Chemistry (serum and urine), and Urine Toxicology; as well as serum Alcohol, Ammonia, CRP, and Creatinine (eGFR) testing.

PT shall be performed in each department of the P&LMS and all ancillary testing sites that perform patient testing in accordance with calendar of events or shipping table provided by the vendor. Each department/site must perform PT testing on every analyzer (including backup analyzers) for the primary test method for each test/assay performed on-site.

The PT program must be CLIA approved for all aforementioned CLIA specialties/subspecialties.

All pertinent proficiency testing information shall be internally managed via Microsoft database.

C. Period of Performance

1. The contract period of performance shall be January 01, 2024, through December 31, 2024.

2. Place of performance see “F. Delivery Methods and Locations 2a through 2e.”

D. Type of Contract

1. This is a “self-pay” AVAHCS hospital contract and cannot be attached to the National contract which is NOT a Blanket Purchase Agreement (BPA).

E. Vendor Responsibilities

1. The Vendor shall provide, at minimum, specimens for all CLIA specialties/subspecialties for which patient testing is performed in the AVAHCS and CBOC’s.

2. The Vendor shall provide a mechanism to notify AVAHCS and CBOC’s if proficiency testing updates become available and promptly notify the Ordering Contact in writing (mailed or electronic) of such updates.

3. The Vendor shall establish an event calendar and/or shipping table that identifies the date each proficiency testing deliverable is scheduled to be shipped to AVAHHCS and CBOC’s.

4. The Vendor shall have a method that allows AVAHCS and its CBOC’s to transmit proficiency testing results electronically (i.e., secured website, secure direct interface capability, facsimile, etc.)

5. The Vendor shall meet evaluation criteria (allowable limits and target values) determined by CLIA for each regulated analyte. For other than regulated analytes, the grading criteria may be determined by AVAHCS and its CBOC’s,

6. The Vendor shall include formal evaluation of results for each test. Formal evaluation reports must include:

a. A mechanism for each laboratory to compare its proficiency testing performance and/or results against peer laboratories using the same instrument/reagent system (when available).

b. A summary of the individual laboratory’s historic performance over the past three

(3) proficiency testing events for each regulated analyte.

c. Overall performance summary report for each regulated analyte that indicates whether current performance is satisfactory, at risk pending future performances, or unsatisfactory.

d. A summary of peer participant results.

e. As applicable for each analyte: analyte tested, test methodology, reported results, graded score, peer statistics (such as mean and standard deviation) and AVAHCS and CBOC determined intended result.

f. The reason any proficiency testing result was not scored/graded.

7. The Vendor shall oblige AVAHCS Ordering Contact and the respective Regional Medical Technologist:

a. Documentation of proficiency testing formal evaluations.

b. Written notification when proficiency testing results are not received by vendor.

c. Written notification when analyte performance is scored as unacceptable.

d. Written notification when analyte overall performance is assessed as unsatisfactory.

8. The Vendor shall provide a plan for replacement of defective or damaged deliverable (proficiency testing material/supplies).

9. The Vendor shall provide a glossary of terms if technical terminology is used.

Otherwise, information must be phrased in audience appropriate language.

10. The Vendor shall have an electronic method (i.e., website, facsimile, e-mail) for receipt of VA furnished correspondence (i.e., proficiency testing results, VA facility demographics) that is required for the proficiency testing program. Contract prices should include any costs associated with electronic data transmission.

11. The Vendor shall provide the facility with the most current Food and Drug Administration (FDA) approved reagents, controls, calibration materials, and any consumables necessary for analyzing/testing on both primary and back-up analyzers. All requirements and provisions defined in the specification of this solicitation will apply to any vendor, i.e., branch, division, sub-Vendor, etc. supplying parts or reagents on behalf of the Vendor.

12. For reagents with hazardous constituents, vendor shall provide a mechanism for the Laboratory to meet local discharge requirements. The vendor shall supply information regarding any hazardous chemicals.

F. Delivery Methods and Locations

1. All mailed deliverables, which includes proficiency testing material/supplies, shall be shipped Freight on Board (FOB) Destination (paid by Vendor). The government is not responsible for freight charges.

2. Proficiency testing materials/supplies/specimens shall be delivered/shipped to :

a. CAP Number 216040101 Amarillo Veterans Affairs Health Care System 6010 Amarillo Blvd., West Amarillo, TX 79106 Attention: Brenda Brock -Laboratory

b. CAP Number 216390103 Lubbock VA Community Based Outpatient Clinic (CBOC) 3510 4th Ave Lubbock, TX 79415 Attention: Yvette Goodson-Laboratory

c. CAP Number 723673301 Clovis VA Community Based Outpatient Clinic (CBOC) 921 E. Llano Estacado Blvd.

Clovis, NM 88101 Attention: Serina Hong -VA Laboratory

d. CAP Number 803943001 Childress VA Community Based Outpatient Clinic (CBOC) 2305 Ave. F N.W., Suite 900 Childress, TX 79201-2322 Attention: Serina Hong-VA Laboratory

e. CAP Number 901821801 Dalhart VA Community Based Outpatient Clinic (CBOC) 325 Denver Ave.

Dalhart, TX 79022 Attention: Serina Hong-VA Laboratory

3. The package should be shipped according to shipping table provided by the Vendor.

G. Billing

1. Vendor shall bill monthly in arrears upon receipt/acceptance of the supplies.

2. Each location shall be billed separately with the understanding that all payments shall be invoiced to and will be the responsibility of the Amarillo location.

Shipped to: Bill to:

a. CAP Number 216040101 Amarillo Veterans Affairs Health Care System Amarillo Veterans Affairs Health Care System 6010 Amarillo Blvd., West 6010 Amarillo Blvd., West Amarillo, TX 79106 Amarillo, TX 79106 Attention: Brenda Brock -Laboratory

b. CAP Number 216390103 Lubbock VA Community Based Outpatient Clinic (CBOC) Amarillo Veterans Affairs Health Care System 3510 4th Ave 6010 Amarillo Blvd., West Lubbock, TX 79415 Amarillo, TX 79106 Attention: Yvette Goodson-Laboratory

c. CAP Number 723673301 Clovis VA Community Based Outpatient Clinic (CBOC) Amarillo Veterans Affairs Health Care System 921 E. Llano Estacado Blvd. 6010 Amarillo Blvd., West Clovis, NM 88101 Amarillo, TX 79106 Attention: Billy Aaron -VA Laboratory

d. CAP Number 803943001 Childress VA Community Based Outpatient Clinic (CBOC) Amarillo Veterans Affairs Health Care System 2305 Ave. F N.W., Suite 900 6010 Amarillo Blvd., West Childress, TX 79201-2322 Amarillo, TX 79106 Attention: Billy Aaron-VA Laboratory

e. CAP Number 901821801 Dalhart VA Community Based Outpatient Clinic (CBOC) Amarillo Veterans Affairs Health Care System 325 Denver Ave. 6010 Amarillo Blvd., West Dalhart, TX 79022 Amarillo, TX 79106 Attention: Billy Aaron-VA Laboratory

3. Vendor shall use the Tungsten e-Invoice system for all billings. www.tungsten-network.com Period of Performance shall be indicated on all invoices.

4. A SAM UEID number shall be maintained in addition to a current DUNS number for all Contractor information.

H. Licensing and Accreditation http://www.tungsten-network.com/ http://www.tungsten-network.com/

1. The Vendor shall have all licenses, permits, accreditation and certificates required by law and or regulatory compliance and is approved for PT via CLIA.

2. Personnel assigned by the Vendor to perform these services covered under this contract shall be licensed in a State, Territory, or Commonwealth of the United States or the District of Columbia.

I. Security

1. This contractor requires no access to AVAHCS or any VA information system.

2. NO VA DATA OF ANY TYPE SHALL BE TRANSFERRED FROM THE VA.

3. The C&A requirements do not apply. A Security Accreditation Package is not required.

DELIVERABLES 1

Amarillo VA Health Care System Supply Needs for FY 2024 Deliver to:

Amarillo Veterans Affairs Health Care System 6010 Amarillo Blvd., West Amarillo, TX 79106 Attention: Laboratory

ITEM # DESCRIPTION QTY

LN 2 Chem CVL (Beckman AU/DXI) 1

LN 3 Therapeutic Drug Monitoring CVL (Beckman AU/DXI)

LN 6 Urine Chemistry CVL (Beckman AU/DXI) 1

LN 7 Immunology CVL (Beckman AU/DXI) 1

LN 11 Serum Ethanol CVL (Beckman AU) 1

LN15 Hemoglobin A1c Accuracy Calibration Verification/Linearity (Tosoh G8)

LN 17 Whole Blood Glucose CVL (Accuchek Inform II)

LN 19 Reticulocyte CVL (Beckman DXH) 1

LN 20 Urine Albumin CVL (Beckman AU) 1

LN 21 High Sensitivity CRP CVL (Beckman AU) 1

LN 24 Creatinine Accuracy CVL (Beckman AU) 1

LN 32 Ammonia CVL (Beckman AU) 1

LN 41 Procalcitonin CVL (Beckman DXI) 1

CAP BIND Generic Survey Binders 4

DELIVERABLES 2

Lubbock CBOC Supply Needs for FY 2024 Deliver to:

Lubbock VA Community Based Outpatient Clinic (CBOC) 3510 4th Ave

Attention: VA Laboratory

ITEM # DESCRIPTION QTY

LN 2 Chem CVL Beck (Beckman AU) 2

LN 3 Therapeutic Drug Monitoring CVL (Beckman AU/DXI)

LN 6 Urine Chemistry CVL (Beckman AU) 2

LN 7 Immunology CVL (Beckman AU/DXI) 2

LN 11 Serum Ethanol CVL (Beckman AU) 2

LN15 Hemoglobin A1c Accuracy Calibration Verification/Linearity (Tosoh G*)

LN17 Whole Blood Glucose CVL (Accuchek Inform II)

LN 20 Urine Albumin CVL (Beckman AU) 2

LN 21 High Sensitivity CRP CVL (Beckman

AU)

LN 24 Creatinine Accuracy CVL (Beckman

AU)

LN 32 Ammonia CVL (Beckman AU) 2

DELIVERABLES 3

Clovis CBOC Supply Needs for FY 2024 Deliver to:

Clovis VA Community Based Outpatient Clinic (CBOC) 921 E. Llano Estacado Blvd.

Clovis, NM 88101 Attention: VA Laboratory

ITEM 3 DESCRIPTION QTY

LN 17 WB GLUCOSE CVL 1

DELIVERABLES 4

Childress CBOC Supply Needs for FY 2024 Deliver to:

Childress VA Community Based Outpatient Clinic (CBOC) 2305 Ave. F N.W., Suite 900 Childress, TX 79201-2322 Attention: VA Laboratory

ITEM 3 DESCRIPTION QTY

LN 17 WB GLUCOSE CVL 1

DELIVERABLES 5

Dalhart CBOC Supply Needs for FY 2024 Deliver to:

Dalhart VA Community Based Outpatient Clinic (CBOC) 325 Denver Ave.

Attention: VA Laboratory

ITEM 3 DESCRIPTION QTY

LN 17 WB GLUCOSE CVL 1

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 EA __________________ __________________

AMA-CHEM CVL BECK

Contract Period: Base POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories PRODUCT/SERVICE CODE: Q301 - Medical - Laboratory Testing

MANUFACTURER PART NUMBER (MPN): N/A

LOCAL STOCK NUMBER: LN2

AMA-THERAPEUTIC DRUG MONITORING CVL

Contract Period: Base POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories PRODUCT/SERVICE CODE: Q301 - Medical - Laboratory Testing

LOCAL STOCK NUMBER: LN3

AMA-URINE CHEMISTRY CVL

Contract Period: Base POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories PRODUCT/SERVICE CODE: Q301 - Medical - Laboratory Testing

LOCAL STOCK NUMBER: LN6

AMA-IMMUNOLOGY CVL

Contract Period: Base POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories PRODUCT/SERVICE CODE: Q301 - Medical - Laboratory Testing

LOCAL STOCK NUMBER: LN7

AMA-SERUM ETHO CVL

Contract Period: Base POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories PRODUCT/SERVICE CODE: Q301 - Medical - Laboratory Testing

LOCAL STOCK NUMBER: LN11

AMA-HEMOGLOBIN A1C CVL

Contract Period: Base POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories PRODUCT/SERVICE CODE: Q301 - Medical - Laboratory Testing

LOCAL STOCK NUMBER: LN15

AMA-WHOLE BLOOD GLUCOSE CVL

Contract Period: Base POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories PRODUCT/SERVICE CODE: Q301 - Medical - Laboratory Testing

LOCAL STOCK NUMBER: LN17

AMA-RETICULOCYTE CVL

Contract Period: Base POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories PRODUCT/SERVICE CODE: Q301 - Medical - Laboratory Testing

LOCAL STOCK NUMBER: LN19

AMA-URINE ALBUMIN CVL

Contract Period: Base POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

PRODUCT/SERVICE CODE: Q301 - Medical - Laboratory Testing

LOCAL STOCK NUMBER: LN20

AMA-HIGH SENSITIVITY CRP CVL

Contract Period: Base POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories PRODUCT/SERVICE CODE: Q301 - Medical - Laboratory Testing

LOCAL STOCK NUMBER: LN21

AMA-CREATININE ACCURACY CVL

Contract Period: Base POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories PRODUCT/SERVICE CODE: Q301 - Medical - Laboratory Testing

LOCAL STOCK NUMBER: LN24

AMA-AMMONIA CVL

Contract Period: Base POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories PRODUCT/SERVICE CODE: Q301 - Medical - Laboratory Testing

LOCAL STOCK NUMBER: LN32

AMA-PROCALCITONIN CVL

Contract Period: Base POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories PRODUCT/SERVICE CODE: Q301 - Medical - Laboratory Testing

LOCAL STOCK NUMBER: LN41

4.00 EA __________________ __________________

AMA-CAP GENERIC SURVEY BINDERS

Contract Period: Base POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories PRODUCT/SERVICE CODE: Q301 - Medical - Laboratory Testing

LOCAL STOCK NUMBER: CAP BINDER

AMA-FUEL SURCHARGE

Contract Period: Base POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories PRODUCT/SERVICE CODE: Q301 - Medical - Laboratory Testing

LOCAL STOCK NUMBER: FUEL SURCHARGE

2.00 EA __________________ __________________

LUB-CHEM CVL BECK

Contract Period: Base POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories PRODUCT/SERVICE CODE: Q301 - Medical - Laboratory Testing

LOCAL STOCK NUMBER: LN2

LUB-THERAPEUTIC DRUG MONITORING CVL

Contract Period: Base POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories PRODUCT/SERVICE CODE: Q301 - Medical - Laboratory Testing

LOCAL STOCK NUMBER: LN3

LUB-URINE CHEMISTRY CVL

Contract Period: Base POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories PRODUCT/SERVICE CODE: Q301 - Medical - Laboratory Testing

LOCAL STOCK NUMBER: LN6

LUB-IMMUNOLOGY CVL

Contract Period: Base POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories PRODUCT/SERVICE CODE: Q301 - Medical - Laboratory Testing

LOCAL STOCK NUMBER: LN7

LUB-SERUM ETOH CVL

Contract Period: Base POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories PRODUCT/SERVICE CODE: Q301 - Medical - Laboratory Testing

LOCAL STOCK NUMBER: LN11

LUB-HEMOGLOBIN A1C CVL

Contract Period: Base POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories PRODUCT/SERVICE CODE: Q301 - Medical - Laboratory Testing

LOCAL STOCK NUMBER: LN15

LUB-WHOLE BLOOD GLUCOSE CVL

Contract Period: Base POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories PRODUCT/SERVICE CODE: Q301 - Medical - Laboratory Testing

LUB-URINE ALBUMIN CVL

Contract Period: Base POP Begin: 01-01-2024

POP End: 12-31-2024 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories PRODUCT/SERVICE CODE: Q301 - Medical - Laboratory Testing

LOCAL STOCK NUMBER: LN20

LUB-HIGH SENSITIVITY CRP CVL

Contract Period: Base POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories PRODUCT/SERVICE CODE: Q301 - Medical - Laboratory Testing

LOCAL STOCK NUMBER: LN21

LUB-CREATININE ACCURACY CVL

Contract Period: Base POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories PRODUCT/SERVICE CODE: Q301 - Medical - Laboratory Testing

LOCAL STOCK NUMBER: LN24

LUB-AMMONIA CVL

Contract Period: Base POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories PRODUCT/SERVICE CODE: Q301 - Medical - Laboratory Testing

LOCAL STOCK NUMBER: LN32

LUB-FUEL SURCHARGE

Contract Period: Base POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories PRODUCT/SERVICE CODE: Q301 - Medical - Laboratory Testing

CLO-WHOLE BLOOD GLUCOSE

Contract Period: Base POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories PRODUCT/SERVICE CODE: Q301 - Medical - Laboratory Testing

CLO-FUEL SURCHARGE

Contract Period: Base POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories PRODUCT/SERVICE CODE: Q301 - Medical - Laboratory Testing

CHI-WHOLE BLOOD GLUCOSE CVL

Contract Period: Base POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories PRODUCT/SERVICE CODE: Q301 - Medical - Laboratory Testing

CHI-FUEL SURCHARGE

Contract Period: Base POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories PRODUCT/SERVICE CODE: Q301 - Medical - Laboratory Testing

DAL-WHOLE BLOOD GLUCOSE CVL

Contract Period: Base POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

PRODUCT/SERVICE CODE: Q301 - Medical - Laboratory Testing

DAL-FUEL SURCHARGE

Contract Period: Base POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories PRODUCT/SERVICE CODE: Q301 - Medical - Laboratory Testing

GRAND TOTAL __________________

B.3 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

0001 SHIP TO: Amarillo Veterans Affairs Health Care System 6010 W Amarillo Blvd Amarillo, TX 79106 1990

USA

1.00

MARK FOR: Brenda Brock

(806) 355-9703 7510 brenda.brock@va.gov

0002 SHIP TO: Amarillo Veterans Affairs Health Care System 6010 W Amarillo Blvd

0003 SHIP TO: Amarillo Veterans Affairs

6010 W Amarillo Blvd Amarillo, TX 79106 1990

0004 SHIP TO: Amarillo Veterans Affairs

6010 W Amarillo Blvd

0005 SHIP TO: Amarillo Veterans Affairs

6010 W Amarillo Blvd

0006 SHIP TO: Amarillo Veterans Affairs

6010 W Amarillo Blvd

0007 SHIP TO: Amarillo Veterans Affairs

6010 W Amarillo Blvd

0008 SHIP TO: Amarillo Veterans Affairs

6010 W Amarillo Blvd Amarillo, TX 79106 1990

0009 SHIP TO: Amarillo Veterans Affairs

6010 W Amarillo Blvd

0010 SHIP TO: Amarillo Veterans Affairs

6010 W Amarillo Blvd

0011 SHIP TO: Amarillo Veterans Affairs

6010 W Amarillo Blvd

0012 SHIP TO: Amarillo Veterans Affairs

6010 W Amarillo Blvd

0013 SHIP TO: Amarillo Veterans Affairs

6010 W Amarillo Blvd Amarillo, TX 79106 1990

0014 SHIP TO: Amarillo Veterans Affairs

6010 W Amarillo Blvd

4.00

0015 SHIP TO: Amarillo Veterans Affairs

6010 W Amarillo Blvd

0016 SHIP TO: Department of Veterans Affairs Lubbock VA Outpatient Clinic 3510 4th Street

2.00

MARK FOR: Yvette Goodson

806-472-3400 EXT: 3550

yvette.goodson@va.gov

0017 SHIP TO: Department of Veterans

Lubbock VA Outpatient Clinic 3510 4th Street

0018 SHIP TO: Department of Veterans

Lubbock VA Outpatient Clinic

3510 4th Street

0019 SHIP TO: Department of Veterans

Lubbock VA Outpatient Clinic 3510 4th Street

0020 SHIP TO: Department of Veterans

Lubbock VA Outpatient Clinic 3510 4th Street

0021 SHIP TO: Department of Veterans

Lubbock VA Outpatient Clinic 3510 4th Street

0022 SHIP TO: Department of Veterans

Lubbock VA Outpatient Clinic 3510 4th Street

806-472-3400 EXT: 3550

yvette.goodson@va.gov

0023 SHIP TO: Department of Veterans Affairs Lubbock VA Outpatient Clinic 3510 4th Street

0024 SHIP TO: Department of Veterans

Lubbock VA Outpatient Clinic 3510 4th Street

0025 SHIP TO: Department of Veterans

Lubbock VA Outpatient Clinic 3510 4th Street

0026 SHIP TO: Department of Veterans

Lubbock VA Outpatient Clinic 3510 4th Street

0027 SHIP TO: Department of Veterans

Lubbock VA Outpatient Clinic 3510 4th Street

0028 SHIP TO: Department of Veterans

Clovis VA Community Based Outpatient Clinic (CBOC) 921 E. Llano Estacado Blvd.

Clovis, NM 88101

MARK FOR: Serina Hong Serina.Hong@va.gov 806-355-9703x7501

0029 SHIP TO: Department of Veterans

Clovis VA Community Based Outpatient Clinic (CBOC) 921 E. Llano Estacado Blvd.

Clovis, NM 88101

0030 SHIP TO: Department of Veterans

Childress VA Community Based Outpatient Clinic (CB 2305 Ave. F N.W., Suite 900 Childress, TX 79201 2322

0031 SHIP TO: Department of Veterans

Childress VA Community Based Outpatient Clinic (CB 2305 Ave. F N.W., Suite 900 Childress, TX 79201 2322

0032 SHIP TO: Department of Veterans

Dalhart VA Community Based Outpatient Clinic (CBOC 325 Denver Ave.

0033 SHIP TO: Department of Veterans

Dalhart VA Community Based Outpatient Clinic (CBOC 325 Denver Ave.

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):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

FAR

Number

Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS,

EQUIPMENT, AND VEGETATION

APR 1984

C.2 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 points 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)

C.3 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR

INFORMATION SYSTEMS (NOV 2021)

(a) Definitions. As used in this clause—

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures. (1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in…