36C25925Q0453.docx

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Q301--36C25925Q0206 | Laboratory Rapid Testing | 575 - Grand Junction
Solicitation number
36C25925Q0453
Issued by

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This document is a Request for Quote (RFQ) issued by the Department of Veterans Affairs Network Contracting Office for rapid laboratory testing services at the Grand Junction VA Medical Center. The solicitation (36C25925Q0453) seeks a contractor to provide point of care (POC) analyzers, uploaders, reagents, standards, controls, and accessories necessary for generating PT/INR (Prothrombin Time International Normalized Ratio) testing services through a five-year firm-fixed price blanket purchase agreement.

Key details include a solicitation closing date of June 30, 2025 at 10:00 AM Mountain Time, with vendor questions due by June 16, 2025. The contract requires the laboratory to be within a 5-mile radius of the VA facility, complete STAT testing within three hours of sample receipt, and provide a comprehensive range of laboratory tests across categories including hematology/coagulation, chemistry, immunology, microbiology, and blood bank. The estimated contract value is $41.5 million, with the performance period from September 1, 2025 to August 31, 2030. The procurement is set aside for small businesses under NAICS code 621511 with a size standard of $41.5 million.

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36C25925Q0453

DEPARTMENT OF VETERANS AFFAIRS

NETWORK CONTRACTING OFFICE 19

3162 S. Willow Drive, Suite 300 Greenwood Village, CO, 80111 CONTRACTING OFFICER: Lindsey Zwaagstra

Contractor shall provide all point of care (POC) analyzers, uploaders, reagents, standards, controls, parts, accessories, and any other item required for the proper operation of its POC analyzers and peripherals necessary for the generation of POC PT/INR (Prothrombin Time International Normalized Ratio) ASSAY Cost Per Kit (CPK) services. Services shall be required for a five-year ordering period, firm-fixed price blanket purchase agreement.

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

36C259-24-AP-5056

36C25925Q0453 06-09-2025 Alejandra Sierra 303-712-5715 06-30-2025 10:00

MDT

36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111 X 621511 $41.5 Million

NET 30

N/A X Department of Veterans Affairs Grand Junction VA Medical Center 2121 North Avenue Grand Junction CO 81501 36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

SUBMITTED ELECTRONICALLY TO:

Department of Veterans Affairs Financial Service Center PO Box 149971 Austin TX 78714-9971 See CONTINUATION Page The Contractor shall provide Laboratory services for the Department of Veterans Affairs Grand Junction VA Medical Center located at 2121 North Avenue, Grand Junction, CO 81501 Contractor shall be within a 5-mile radius to the VA due to the type of samples being sent and the strict timeline for the testing.

See CONTINUATION Page X X X Lindsey Zwaagstra

VA-VHA-RPOW-2025-0014

Table of Contents

SECTION A2
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES2
SECTION B - CONTINUATION OF SF 1449 BLOCKS5
B.1 CONTRACT ADMINISTRATION DATA5
B.2 STATEMENT OF WORK6
B.3 PRICE/COST SCHEDULE11
ITEM INFORMATION11
B.4 INTRODUCTION29
B.5 TERMS AND CONDITIONS29
B.6 ADMINISTRATIVE DATA29
B.7 PRICING DATA31
B.8 OPTION TO EXTEND THE TERM OF THE BPA31
B.9 AUTHORIZED LIMITS31
B.10 OBLIGATION OF FUNDS32
B.11 PERIOD OF PERFORMANCE32
B.12 AUTHORIZED INDIVIDUALS32
B.13 ORDER FORMAT32
B.14 AUTHORIZED REPRESENTATIVES32
B.15 FEDERAL HOLIDAYS32
B.16 INVOICES33
B.17 PRECEDENCE33
SECTION C - CONTRACT CLAUSES34
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)34
C.2 IT CONTRACT SECURITY39
C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)49
C.4 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021)50
C.5 52.225-5 TRADE AGREEMENTS (NOV 2023)52
C.6 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)54
C.7 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)55
C.8 VAAR 852.204-71 INFORMATION AND INFORMATION SYSTEMS SECURITY (FEB 2023)55
C.9 VAAR 852.211-76 LIQUIDATED DAMAGES – REIMBURSEMENT FOR DATA BREACH COSTS (FEB 2023) ALTERNATE I (FEB 2023)64
C.10 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)65
C.11 VAAR 852.222-71 COMPLIANCE WITH EXECUTIVE ORDER 13899 (DEVIATION)(APR 2025)65
C.12 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023)65
C.13 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)66
C.14 VAAR 852.237-75 KEY PERSONNEL (OCT 2019)67
C.15 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)67
C.16 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)67
C.17 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)68
C.18 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)68
C.19 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2025) (DEVIATION FEB 2025)68
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS77
SECTION E - SOLICITATION PROVISIONS97
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)97
E.2 52.204-7 SYSTEM FOR AWARD MANAGEMENT (NOV 2024)102
E.3 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2025) (DEVIATION FEB 2025)104
E.4 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)108
E.5 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)110
E.6 52.216-1 TYPE OF CONTRACT (APR 1984)112
E.7 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)112
E.8 52.225-6 TRADE AGREEMENTS CERTIFICATE (FEB 2021)114
E.9 52.233-2 SERVICE OF PROTEST (SEP 2006)114
E.10 VAAR 852.209-70 ORGANIZATIONAL CONFLICTS OF INTEREST (OCT 2020)115
E.11 VAAR 852.215-72 NOTICE OF INTENT TO RE-SOLICIT (OCT 2019)115
E.12 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)116
E.13 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)116
E.14 VAAR 852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY ACCESSIBILITY NOTICE (FEB 2023)117
E.15 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)117
E.16 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)118
E.17 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024) (DEVIATION FEB 2025)119
E.18 52.213-4 TERMS AND CONDITIONS—SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES) (JAN 2025) (DEVIATION FEB 2025)136

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 36C259 LINDSEY ZWAAGSTRA Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

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] IAW CONTRACT TERMS AND CONDITIONS

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.

VA FSC MANDATORY ELECTRONIC INVOICE SUBMISSION:

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

AMENDMENT NO
DATE

36C25925Q0453

Page 1 of Page 1 of

B.2 STATEMENT OF WORK

Rapid Testing Department of Veterans Affairs Grand Junction VA Medical Center 2121 North Avenue Grand Junction, CO 81501

1. General Objectives and Requirements

A. Purpose: The Western Colorado Health Care System, Pathology & Laboratory Medicine Service, is seeking to obtain outside laboratory rapid testing services. At this time, our laboratory does not have the ability process the listed tests or anticipates downtime where testing would need to be sent out temporarily.

B. Authority for the Contract:

i. 38 U.S. Code § 7301.b “The primary function of the [Veterans Health] Administration is to provide a complete medical and hospital service for medical care and treatment of veterans, as provided in this title [Functions of Veterans Health Administration] and in regulations prescribed by the [Under ]Secretary [for Health] pursuant to this title.”

ii. COR/POC: Catherine Manwarren Email: catherine.manwarren@va.gov Phone: 970-242-0731 ext 2360

2. Background. Contractor shall provide laboratory services for beneficiaries of the Department of Veterans Affairs Medical Center, Grand Junction, CO, 24 hours a day, 7 days a week, 365 days per year, in accordance with all terms conditions, provisions and the schedule of this Statement of Work (SOW) with the Department of Veterans Affairs Medical Center, 2121 North Avenue, Grand Junction, CO 81501 (hereby referred to as VA Medical Center). Contractor shall be with in a 5-mile radius to the VA due to the type of samples being sent and the strict timeline for testing turnaround times. The quantity of tests ordered will depend on the VA Medical Center Laboratory staffing, equipment problems, number of patients seen, and number of tests ordered per patient, and facility infrastructure.

3. Scope.

A. Contractor shall provide all results for a variety of tests. Testing may be performed at the Contractor’s laboratory or sent to other reference laboratories as long as tests meet the STAT turnaround times illustrated in this SOW.

B. The contractor laboratory will perform STAT testing for a variety of different analyses and communicate results in an efficient manner back to VA laboratory.

C. The contractor may, upon approval, send a sample to the reference lab of their choice. Prior approval from the VA laboratory must be obtained or known prior to sending the sample.

D. STAT tests must be completed and results sent within three hours of the time received by the contracting laboratory.

4. Definitions A. In-house testing: Testing performed in the VA laboratory.

B. Send-out testing: Testing performed at the contracted laboratory.

C. STAT testing: testing that is prioritized for immediate processing and results are needed urgently.

D. Critical Values: Any result which, when known by the physician, may require prompt treatment may improve patient outcome. A list of predetermined critical tests will be provided by VA laboratory.

E. Non- essential laboratory test: Tests which are not on the itemized list, however, may be requested by the VA laboratory.

5. Performance Requirements A. The contractor will assure and be able to provide proof that all their employees have HIPPA training.

B. The contractor will be responsible for the quality of the result by performing the proper and necessary calibration, running control samples, and properly maintaining the instruments.

C. The contractor will fax all results to the VA laboratory as soon as results are available, same day is preferred and call all critical values to the VA laboratory.

D. The contractor will provide the VA laboratory with an itemized cost per test with discounted pricing on all tests performed and with a direct transfer of the price for testing sent to a reference laboratory.

E. The contractor will provide an itemized bill to the laboratory within 10 days after the end of the month.

F. All non-essential laboratory tests will be billed at a discounted rate.

G. Test results must be available within three (3) hours after receipt of sample from the VA.

6. Projected Deliverables for Rapid Lab Testing

CPT
DESCRIPTION
ANNUAL COUNT

HEMATOLOGY/COAGULATION

85027
CBC w/o diff (hemogram)
5
85025
CBC w/ auto diff
5
85007
Manual diff
5
85610
Pro-time w/ INR
5
85730
PTT
5
85379
D-Dimer quant
5
85520
Heparin Xa
5
87207
Malaria smear
5
89060
Crystals (body fluid)
40
89051
Body fluid cell counts
60
85576
Platelet Function Analysis
5
87205
Eosinophils, Urine
5
85384
Fibrinogen Activity
5

CHEMISTRY

83880
Pro-BNP
5
80048
Basic Metabolic Panel
5
80053
Comprehensive Chemistry Panel
5
80061
Lipid Panel
5
80076
Liver function panel
5
80074
Hepatitis Panel
5
80081
OB Panel
5
80051
Electrolytes
5
80307
Urine drug screen
5
84145
Procalcitonin
5
82010
Acetone, Serum (BHB)
40
80329
Acetaminophen
5
82150
Amylase
5
84520
BUN
5
82310
Calcium
5
82565
Creatinine
5
80162
Digoxin
5
80185
Dilantin
5
80170
Gentamycin
5
83615
Lactate Dehydrogenase
5
80178
Lithium
5
80329
Salicylate
5
84484
Troponin
5
80202
Vancomycin
5
82553
CKMB
5
82945
Body fluid glucose
35
84157
Body fluid total protein
35
83930
Osmolality, serum
50
83935
Osmolality, urine
70
82140
Ammonia
5
80320
EtOH
5
83625
Body fluid, LDH
30
80069
Renal Function Panel
5
84550
Uric Acid
5
82570
Urine Microalbumin-creatinine
5
82043
Urine Microalbumin
5
84156
Total Protein, Urine
5
N/A
Protein/Create Ratio (calculation)
5
83036
A1C Confirm
5
82042
Albumin, Peritoneal
5
82042
Albumin, Pleural
5
82150
Amylase, Peritoneal
5
82247
Bilirubin, Peritoneal
5
82533
Cortisol
5
82565
Creatinine, Peritoneal
5
83986
pH, Pleural Fluid
5
84134
Prealbumin
5
84478
Triglycerides, Body Fluid
5
83690
Lipase, Body Fluid
5

IMMUNOLOGY

89320
Semen analysis (complete)
20
80197
Tacrolimus
75
81025
HCG, qual
5
84702
HCG, quant
5
87798
Bordetella sp.
5
86308
Mononucleosis Test
5
82271
Occult Blood-Gastric Only
5

MICROBIOLOGY

87040
Cultures-blood
5
87071
Cultures- wound
5
87077
Cultures-aerobic
5
87075
Cultures- anaerobic
5
87081
Cultures- Throat
5
87086
Cultures-Urine
5
87116
Mycobacterium Blood Culture
5

BLOOD BANK

86900
Blood type ABO
10
86901
Blood type RH
10
86850
Antibody Screen
10
86870
Antibody ID
10
86905
Blood unit antigen typing
10
86920
Cross Match
10

7. Security Requirements.

A. Security Requirements for Unclassified Information: The contractor, their personnel, and their subcontractors shall be subject to the Federal laws, regulations, standards, and VA Directives and Handbooks regarding information and information system security as delineated in this contract.

6. Performance Monitoring. The Agency shall oversee work done by the vendor and accept the quality of work as appropriate.

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

A. The Contractor shall provide all utilities necessary for the equipment to operate. These utilities include but are not limited to electricity and virtual servers.

8. Other Pertinent Information or Special Considerations.

A. Packaging, Packing and Shipping Instructions: All parcels and packages shall be packaged in accordance with local, state, and federal regulations.

(End of Statement of Work)

B.3 PRICE/COST SCHEDULE

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1.00
YR
__________________
__________________

Rapid Laboratory (STAT) Testing (Hematology/Coagulation, Chemistry, Immunology, Microbiology and Blood Bank.

Contract Period: Base POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories PRODUCT/SERVICE CODE: Q301 - Medical - Reference Laboratory Testing

MANUFACTURER PART NUMBER (MPN): 0

5.00
YR
__________________
__________________

CBC w/o diff (hemogram)

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 85027

5.00
YR
__________________
__________________

CBC w/ auto diff

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 85025

5.00
YR
__________________
__________________

Manual diff

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 85007

5.00
YR
__________________
__________________

Pro-time w/ INR

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 85610

5.00
YR
__________________
__________________

PTT

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 85730

5.00
YR
__________________
__________________

D-Dimer quantitative

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 85379

5.00
YR
__________________
__________________

Heparin Xa

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 85520

5.00
YR
__________________
__________________

Malaria smear

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 87207

40.00
YR
__________________
__________________

Crystals (body fluid)

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 89060

60.00
YR
__________________
__________________

Body fluid cell counts

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 89051

5.00
YR
__________________
__________________

Platelet Function Analysis

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 85576

5.00
YR
__________________
__________________

Eosinophils, Urine

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 87205

5.00
YR
__________________
__________________

Fibrinogen Activity

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 85384

5.00
YR
__________________
__________________

Pro-BNP

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 83880

5.00
YR
__________________
__________________

Basic Metabolic Panel

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 80048

5.00
YR
__________________
__________________

Comprehensive Chemistry Panel

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 80053

5.00
YR
__________________
__________________

Lipid Panel

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 80061

5.00
YR
__________________
__________________

Liver function panel

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 80076

5.00
YR
__________________
__________________

Hepatitis Panel

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 80074

5.00
YR
__________________
__________________

OB Panel

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 80081

5.00
YR
__________________
__________________

Electrolytes

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 80051

5.00
YR
__________________
__________________

Urine drug screen

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 80307

5.00
YR
__________________
__________________

Procalcitonin

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 84145

40.00
YR
__________________
__________________

Acetone, Serum (BHB)

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 82010

5.00
YR
__________________
__________________

Acetaminophen

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 80329

5.00
YR
__________________
__________________

Amylase

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 82150

5.00
YR
__________________
__________________

BUN

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 84520

5.00
YR
__________________
__________________

Calcium

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 82310

5.00
YR
__________________
__________________

Creatinine

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 82565

5.00
YR
__________________
__________________

Digoxin

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 80162

5.00
YR
__________________
__________________

Dilantin

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 80185

5.00
YR
__________________
__________________

Gentamycin

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 80170

5.00
YR
__________________
__________________

Lactate Dehydrogenase

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 83615

5.00
YR
__________________
__________________

Lithium

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 80178

5.00
YR
__________________
__________________

Salicylate

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 80329

5.00
YR
__________________
__________________

Troponin

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 84484

5.00
YR
__________________
__________________

Vancomycin

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 80202

5.00
YR
__________________
__________________

CKMB

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 82553

35.00
YR
__________________
__________________

Body fluid glucose

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 82945

35.00
YR
__________________
__________________

Body fluid total protein

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 84157

50.00
YR
__________________
__________________

Osmolality, serum

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 83930

70.00
YR
__________________
__________________

Osmolality, urine

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 83935

5.00
YR
__________________
__________________

Ammonia

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 82140

5.00
YR
__________________
__________________

EtOH

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 80320

30.00
YR
__________________
__________________

Body fluid, LDH

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 83625

5.00
YR
__________________
__________________

Renal Function Panel

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 80069

5.00
YR
__________________
__________________

Uric Acid

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 84550

5.00
YR
__________________
__________________

Urine Microalbumin-creatinine

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 82570

5.00
YR
__________________
__________________

Urine Microalbumin

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 82043

5.00
YR
__________________
__________________

Total Protein, Urine

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 84156

5.00
YR
__________________
__________________

Protein/Create Ratio (calculation)

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): N/A

5.00
YR
__________________
__________________

A1C Confirm

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 83036

5.00
YR
__________________
__________________

Albumin, Peritoneal

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 82042

5.00
YR
__________________
__________________

Albumin, Pleural

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 82042

5.00
YR
__________________
__________________

Amylase, Peritoneal

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 82150

5.00
YR
__________________
__________________

Bilirubin, Peritoneal

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 82247

5.00
YR
__________________
__________________

Cortisol

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 82533

5.00
YR
__________________
__________________

Creatinine, Peritoneal

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 82565

5.00
YR
__________________
__________________

pH, Pleural Fluid

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 83986

5.00
YR
__________________
__________________

Prealbumin

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 84134

5.00
YR
__________________
__________________

Triglycerides, Body Fluid

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 84478

5.00
YR
__________________
__________________

Lipase, Body Fluid

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 83690

20.00
YR
__________________
__________________

Semen analysis (complete)

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 89320

75.00
YR
__________________
__________________

Tacrolimus

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 80197

5.00
YR
__________________
__________________

HCG, qual

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 81025

5.00
YR
__________________
__________________

HCG, quant

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 84702

5.00
YR
__________________
__________________

Bordetella sp.

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 87798

5.00
YR
__________________
__________________

Mononucleosis Test

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 86308

5.00
YR
__________________
__________________

Occult Blood-Gastric Only

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 82271

5.00
YR
__________________
__________________

Cultures-blood

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 87040

5.00
YR
__________________
__________________

Cultures- wound

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 87071

5.00
YR
__________________
__________________

Cultures-aerobic

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 87077

5.00
YR
__________________
__________________

Cultures- anaerobic

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 87075

5.00
YR
__________________
__________________

Cultures- Throat

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 87081

5.00
YR
__________________
__________________

Cultures-Urine

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 87086

5.00
YR
__________________
__________________

Mycobacterium Blood Culture

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 87116

10.00
YR
__________________
__________________

Blood type ABO

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 86900

10.00
YR
__________________
__________________

Blood type RH

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 86901

10.00
YR
__________________
__________________

Antibody Screen

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 86850

10.00
YR
__________________
__________________

Antibody ID

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 86870

10.00
YR
__________________
__________________

Blood unit antigen typing

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 86905

10.00
YR
__________________
__________________

Cross Match

POP Begin: 09-01-2025 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories

MANUFACTURER PART NUMBER (MPN): 86920

GRAND TOTAL
__________________

BPA TERMS

B.4 INTRODUCTION

In the spirit of the Federal Acquisition Streamlining Act, the Department of Veterans Affairs and __________________ (Contractor) hereby enter into a cooperative agreement, otherwise referred to as a Blanket Purchase Agreement (BPA), to further reduce the administrative costs of acquiring supplies/services.

The agreement details all services with accompanying prices and descriptions, which may be ordered under this BPA.

All orders placed against this BPA are subject to the terms and conditions of all the clauses and provisions in full text or incorporated by reference in this document.

B.5 TERMS AND CONDITIONS

The Contractor agrees to the following terms of a Blanket Purchase Agreement (BPA) EXCLUSIVELY WITH the Department of Veterans Affairs.

B.6 ADMINISTRATIVE DATA

A Blanket Purchase Agreement (BPA) is hereby established between the Contractor and the Department of Veterans Affairs under the following terms and conditions incorporated in this BPA:

CONTRACTOR:

Contractor Name:

Contractor Address:

UEI NUMBER:

Contractor Point of Contact:

Phone:

Email:

Department of Veterans Affairs Network Contracting Office 19

NCO 19

6162 S Willow Dr. Ste 300 Greenwood Village, CO 80111

Alejandra Sierra Email: Alejandra.sierra@va.gov Contracting Specialist

Lindsey Zwaagstra Contracting Officer Lindsey.Zwaagstra@va.gov

B.7 PRICING DATA

1. The prices included on the BPA list (or applicable "discounted" rates submitted in a proposal response to an RFQ resulting in award) that are in effect on the effective date of an order shall govern that order's basic performance period. With regard to any option years, which are later exercised, the proposed option year rates as incorporated into the order award are in effect until such time, if applicable, that the contractor has been authorized a rate increase culminating from a negotiation with the Contracting Officer.

2. The BPA holder can voluntarily reduce offered prices at any time by giving 24-hour advance notice (by facsimile or electronic-mail) to the Department of Veterans Affairs Contracting Officer. This BPA also allows for additional discounts if a "large order" is placed at one time. An advanced notice is not required for discounts offered for only an individual order. Whether an order is large enough to warrant such a discount is subject to the discretion of the BPA holder.

3. The BPA holder may also increase BPA prices at any time. Any BPA price increase shall not take effect until the Department of Veterans Affairs Contracting Officer receives written notification (U.S. mail, facsimile, or electronic-mail). Any order already issued shall not be affected by any change to BPA pricing. The prices offered under this BPA will undergo annual review by the Department of Veterans Affairs Contracting Officer.

B.8 OPTION TO EXTEND THE TERM OF THE BPA

a. The Government may extend the term of this BPA in accordance with FAR Clause 52.217-8 by written notice to the Contractor at any time prior to the expiration of the BPA, provided that the Government shall give the Contractor a preliminary written notice of its intent to extend at least 30 days before the BPA expires. The preliminary notice does not commit the Government to an extension.

b. If the Government exercises this option per FAR Subpart 37.111 Extension of Services, the extended BPA shall be considered to include this 6-month option provision.

B.9 AUTHORIZED LIMITS

The Government estimates, but does not guarantee, that individual BPA Orders placed against this Agreement may reach $75,000.00/per Order. This Order Limit may be increased by mutual agreement of the parties as necessary, in whole or part. The authorized Ceiling Limit of the Agreement is set at $450,000.00 over the period covered by the Agreement; this ceiling is also not a guarantee. The Ceiling Limit may also be raised in association with Order Limit increases or other conditions which, by mutual agreement of the parties, maybe considered necessary. Authorization for individual orders above the stated order and/or Ceiling Limits must be coordinated through the Contracting Officer before larger valued orders can be issued and prior to commencement of work. All unauthorized work, regardless of amount, will be processed through the ratification process.

B.10 OBLIGATION OF FUNDS

This BPA does not obligate any funds. The Government is obligated only to the extent of authorized orders actually issued under the BPA by the Contracting Officer.

B.11 PERIOD OF PERFORMANCE

This BPA expires on 08/31/2030 or such later ending date as determined by the exercise of any option.

B.12 AUTHORIZED INDIVIDUALS

Individuals Authorized to Place Orders:

Network Contracting Office 19, Lab Team, Contracting Officers.

B.13 ORDER FORMAT

Orders will be placed against this BPA via e-mail, Electronic Data Interchange (EDI), FAX, or in hardcopy format. Each individual BPA Order will describe the tasks, services and deliverables required.

B.14 AUTHORIZED REPRESENTATIVES

The primary Contracting Officer (CO) for this Agreement is:

Department of Veterans Affairs Network Contracting Office 19

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village, CO 80111

Lindsey ZwaagstraAlejandra Sierra
Contracting OfficerContracting Specialist
Lindsey.Zwaagstra@va.govAlejandra.sierra@va.gov

B.15 FEDERAL HOLIDAYS

Unless specifically authorized in writing by the Contracting Officer, no services will be provided and no charges will be incurred and/or billed to any order on this contract on any of the Federal Holidays listed below.

New Year’s Day
Labor Day
Birthday of Martin Luther King, Jr.
Columbus Day
Washington’s Birthday
Veterans' Day
Memorial Day
Thanksgiving Day
Juneteenth
Christmas Day

Independence Day

B.16 INVOICES

a. Inspection and acceptance shall be accomplished as follows: The Government, for all services furnished under any resulting order, hereby designates the COR in the program office as the point of final inspection and acceptance. The BPA holder will submit each invoice, including all back-up data, to the Contracting Officer (CO) for review and signature. When the CO receives an accurate and complete invoice, he/she will return a signed copy to the BPA holder within five (5) working days. If the invoice is incomplete or inaccurate, the CO will return the unsigned invoice to the BPA holder for correction. The Contracting Officer will then forward the signed invoice to the Chief Financial Officer (CFO) for payment. Final payment for each order will be accomplished by final invoice accompanied by a receiving report.

b. An itemized invoice shall be submitted to the CO at least monthly or upon expiration of this BPA, whichever occurs first, for all deliveries made during a billing period and for which payment has not been received. Copies of delivery tickets shall support these invoices. "Approved-for-payment" invoices will be submitted to the payment address specified on each individual order issued under this BPA.

B.17 PRECEDENCE

The Terms and conditions included in this BPA apply to all purchases made pursuant to it. In the event of an inconsistency between the provisions of this BPA and the Contractor's invoice, the provisions of this BPA will take precedence.

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance.

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