RFQ and Amendment-36C25926Q0182.docx

36C25926Q0182

5. PROJECT NUMBER (if applicable)

CODE

7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NUMBER

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NUMBER

3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED

PAGE OF PAGES

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED

BPA NO.

1. CONTRACT ID CODE

FACILITY CODE

CODE

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 11/2016)

is required to sign this document and return ___________ copies to the issuing office.

is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER

16A. NAME AND TITLE OF CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30

PREVIOUS EDITION NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.243 (Type or print) (Type or print) (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(Number, street, county, State and ZIP Code) (If other than Item 6) (Specify type of modification and authority) (such as changes in paying office, appropriation date, etc.)

(If required)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

CHECK

ONE

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer)

01-28-2026

36C259-26-AP-0032

N/A 36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300

To all Offerors/Bidders

X

** HOUR & DATE for Receipt of Offers is EXTENDED to: 02-04-2026 2PM MST

The purpose of this amendment is to correct mistakes on RFQ 36C25926Q0182.

The new amended solicitation on the next page below.

Please read the whole solicitation, RFQ-36C25926Q0182, especially the Statement of Work, instruction to offerors, and

Evaluation requirements.

Edward Scott Emerson Contracting Officer

VA-VHA-RPOW-2025-0042

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

36C259-26-AP-0032

01-13-2026 Ernest Appiah

(303) 712-5734 02-04-2026

02:00PM

36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

541380

N/A

36C554

Rocky Mountain Regional VA Medical Center 1700 N. Wheeling Street Aurora CO 80045 36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

Submitted Electronically

Financial Service Center PO Box 149971 Austin TX 78714-9971

See CONTINUATION Page Contractor shall provide Quotes for Reference Lab Testing;

Cost Per Test (CPT)at VA Clinic (Glasgow, Montana (MT).

This requirement is a Firmed-Fixed Priced Open-Market

Blanket Purchase Agreement.

All interested contractors/vendors should read the whole

Requirement, with special attention to the Statement

Of Work (SOW) and evaluation factors.

$0.00

X

Edward Scott Emerson

VA-VHA-RPOW-2025-0042

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION

(Continuation from Standard Form 1449, block 18A.)

B.1.1. Contract Administration: All contract administration matters will be handled by the following individuals:

B.1.1.1. CONTRACTOR: Name: ___________________

B.1.1.2. GOVERNMENT: Ernest Appiah, Contracting Specialist (CS)

Rocky Mountain Network NCO 19 Contracting 6162 South Willow Drive, Suite 300 Greenwood Village, CO 80111 Telephone: (303) 712-5734

FAX: 303-712-5800

B.1.2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

B.1.3. GOVERNMENT INVOICE ADDRESS: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] MONTHLY IN ARREARS B.1.4. GOVERNMENT INVOICE ADDRESS: All invoices from the contractor shall be submitted electronically to the VA Financial Services Center for payment processing, free of charge. For any questions about the e-invoicing program, please contact the FSC at the phone number or email address listed below:

1. TUNGSTEN e-Invoice Setup Information: (877) 752-0900

1. TUNGSTEN e-Invoice email: USClientServices@ob10.com

1. FSC e-Invoice Contact Information: (877) 353-9791

1. FSC e-invoice email: vafsccshd@va.gov

1. The following two codes will be required when creating a vendor profile in TUNGSTEN:

· TUNGSTEN Buyer Number AAA544240062

· Promo Code: VAPC7Y18

B.1.5. Unique Entity Identification (UEI): _________________________

B.1.6. TAX IDENTIFICATION NUMBER: ___________________________

B.1.7. PERIOD OF PERFORMANCE: 02/10/2026-02/09/2031

Base Year: 02/10/2026-02/09/2027 Ordering Period 1: 02/10/2027-02/09/2028 Ordering Period 2: 02/10/2028-02/09/2029 Ordering Period 3: 02/10/2029-02/09/2030 Ordering Period 4: 02/10/2030-02/09/2031

B.2 STATEMENT OF WORK (SOW)

New Contract for Laboratory Services for Glasgow Montana VA veterans For VA Veterans Assigned to Glasgow Community Based Outpatient Clinic, Glasgow, MT

This Contract shall provide specimen collection and laboratory tests for Glasgow Montana veterans. It includes the need for emergent and routine laboratory sample collection and emergent and routine laboratory testing. The reason for this contract is to provide emergent and routine tests for Glasgow veterans when needed by VA provider. This contract is a back-up contract for this service when needed. Almost 95% of the specimen collection is done by Glasgow VA staff and lab specimens are sent via UPS to Billings Montana Laboratory for testing. This Contract is set up to provide back up when VA staff are unavailable or when VA provider want immediate lab testing results.

1. PURPOSE: The contractor shall furnish all management, supervision, labor and select items of equipment and supplies necessary to perform Laboratory Services for Glasgow Community Based Outpatient Clinic veteran patients seen. Services requested are collection and testing of Laboratory samples as needed for routine and emergent care decisions and testing of samples. Services provided under this contract will be billed from an established client fee schedule on a cost-per-test basis.

2. SCOPE: The Contractor(s) shall provide any laboratory tests properly authorized and requested by a VA-authorized physician assigned to the VA Community Based Outpatient Clinics located in Glasgow, Montana. The Contractor(s) should provide services within the city limits of the Community Based Outpatient Clinic (CBOC) location. The Contractor(s) shall be approved to provide clinical diagnostic laboratory test under both Medicare and Medicaid regulations and all applicable federal and state laws.

Laboratory specimens will be collected and tested. Prior to collection and labeling of laboratory samples, strict patient identification procedures will be used to include at least two of the following patient identifiers: Full Name, Full SSN, Date of Birth. Collection and testing will include:

a. All lab tests are needed for routine, urgent or STAT care decisions.

b. Samples that cannot be shipped for testing at another site: Blood Gas Analysis, Ammonia levels, Blood, Body Fluid and tissue cultures, etc.

Results of samples tested must be transmitted when verified via fax to both the Glasgow VA Clinic for immediate use and to the VA Fort Harrison Laboratory so that the results can be made part of the VA electronic patient record.

3. SPECIMEN CONTRACT REQUIREMENTS: Under the authority of Public Law 104-262 and 38 USC 8153, the contractor agrees to provide Health Care Resources in accordance with the terms and conditions stated herein, to furnish to and at the Department of Veterans Affair Medical Center, the services and prices specified in the Section entitled Schedule of Supplies/Services of this contract.

4. SERVICES:

a. The services specified in the Sections entitled Schedule of Supplies/Services and Specimen Contract Requirements may be changed by written modification to this contract. The modification will be prepared by the VA Contracting Officer.

b. Other necessary personnel for the operation of the services contracted for at the VA will be provided by the VA at levels mutually agreed upon which are compatible with the safety of the patient and personnel and with quality medical care programming.

c. The services to be performed by the contractor will be performed in accordance with VA policies and procedures and Joint Commission standards, including strict patient identification procedures utilizing two separate identifiers.

d. This contract is a nonpersonal health care services contract as defined in Federal Acquisition Regulation 37.101 and is as follows—“Nonpersonal services contract means a contract under which the personnel rendering the services are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees.”

e. The Government may evaluate the quality of professional and administrative services provided but retains no control over the professional medical aspects of services rendered (e.g., professional judgments, diagnosis for specific medical treatment).

5. QUALIFICATIONS: Personnel assigned by the Contractor to perform the services covered by this contract shall be licensed in a State, Territory or Commonwealth of the United States or the District of Columbia. All licenses held by the personnel working on this contract shall be full and unrestricted licenses.

The contract clinical laboratory shall be fully accredited by either the College of American Pathologists (CAP), department of Health & Human Services (HCFA) Clinical Laboratory Improvement Amendment (CLIA), or the Joint Commission (JC) to be eligible for award.

6. QUALITY ASSURANCE: Contractor personnel shall be subject to the same quality assurance standards in meeting or exceeding current recognized National Standards as established by JC. Contractor(s) shall perform services in accordance with the ethical, professional and technical standards of the healthcare industry. Government’s requirements, including the ability to speak, understand, read and write English fluently. They shall not introduce new procedures or services without prior recommendation to and approval by the Clinical Medical Directory or authorized representative and through the Contracting Officer.

7. JOINT COMMISSION (JC) AND OTHER SPECIMEN REQUIREMENTS: The contractor shall be responsible for ensuring that contractor employees providing work on this contract are fully trained and completely competent to perform the required. The contractor shall be compliant with all JC personnel requirements, to include but not limited to all health screenings, vaccinations, etc.

8. POINT OF CONTACT: Contractor shall provide a point of contact that shall be responsible for the performance of work. Contractor shall designate this individual, in writing to the Contracting Officer before the contract start date. An alternate may be designated, but the contractor shall identify those times when the alternate shall be the primary point of contact.

9. WORK HOURS:

a. The services covered by this contract shall be furnished by the contractor as defined herein. The contractor will not be required, except in case of emergency, to furnish such services during off-duty hours as described below.

(1) Work hours: Monday through Friday, 8:30 a.m. – 4:30 p.m.

(2) National Holidays: The 10 holidays observed by the Federal Government are:

New Year’s Day Martin Luther King’s Birthday Presidents Day Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Christmas AND Any other day specifically declared by the President of the United States to be a national holiday.

(3) Off-Duty hours: Friday through Monday, 4:30 p.m. – 8:30 a.m.

10. PERSONNEL POLICY: The contractor shall be responsible for protecting the personnel furnishing services under this contract. To carry out this responsibility, the contractor shall provide the following for these personnel:

The parties agree that the contractor, its employees, agents and subcontractors shall not be considered VA employees for any purpose.

11. MEDICAL RECORDS: Patient medical records are confidential and are protected by the Privacy Act of 1974, 5 U.S.C. 552a; VA Claims Confidentially Statute, 38 U.S.C. 3301 and Drug/Alcohol Abuse Confidentiality Statute, 38 U.S.C. 4132 [Authority: Drug/Alcohol Regs. 42 C.F.R. 2.11(P)(2)]. Any breach of confidentiality and/or unauthorized release of information is subject to monetary penalty. Any individual making unauthorized disclosures may be criminally liable for violations of the Act.

12. RELEASE OF MEDICAL INFORMATION: The Contractor shall only release medical information obtained during this contract to those VA Montana CBOC staff member involved in the necessary care and treatment of that individual patient. Notwithstanding any other provision of this contract, Contractor and its employees may disclose patient treatment records generated by the Contractor under this agreement only pursuant to explicit disclosure from VA Montana Healthcare System. Contractor and its employees are subject to the penalties and liabilities provided in the statutes and regulations mentioned in this paragraph for unauthorized disclosures of such records and their contents.

Records created by the Contractor while processing lab samples for the VA Montana CBOC patients under this agreement are the property of the VA Montana Healthcare System and shall not be accessed, released, transferred or destroyed except in accordance with applicable federal law and regulations.

Subject to applicable federal confidentiality laws, Contractor or its designated representatives may have access to VA Montana Healthcare System records at the CBOC’S place of business on request during normal business hours where necessary to perform the duties under this agreement.

If this agreement is terminated for any reason, the Contractor will promptly provide the VA Montana Healthcare System with the individually identified patient treatment records.

The Privacy Act applies to certain information about healthcare providers who are subcontractors. If data is retrieved by the names of the individual healthcare professionals, the data the VHA receives is protected by the Privacy Act. Accordingly, the VHA Privacy Officer should be consulted to ensure the VA MONTANA HEALTHCARE SYSTEM has a published system of records notice that will cover these records. If not, the Privacy Act requires that such notice be published prior to the maintenance of the records.

13. DEFINITIONS: The following terms when used in this Contract shall be defined as follows:

Contracting Officer-Contracting officers are responsible for ensuring performance of all necessary actions for effective contracting, ensuring compliance with the terms of the contract, and safeguarding the interests of the United States in its contractual relationships. A detailed description of contracting officer authority and responsibilities is provided in FAR 1.602.

COR-Contracting Officer’s Representative-The Contracting Officer may delegate one or more VA Montana Healthcare System employees who are responsible for monitoring the performance of the Contractor. A copy of the delegation shall be provided to the Contractor after award is made.

Medical Emergency-A sudden onset of a medical condition manifesting itself by acute symptoms of sufficient severity that the absence of immediate medical attention could reasonably result in: Permanently placing a patient’s health in jeopardy, Causing other serious medical consequences, Causing impairments to body functions, or Causing serious or permanent dysfunction of any body organ or part.

Non-Contract Provider-Any person, organization, agency, or entity that is not directly or indirectly employed by the Contractor or any of its subcontractors.

Subcontract-A contract entered into by the Contractor with another organization or person who agrees to perform any administrative function or service for the Contractor specifically related to securing or fulfilling the Contractor’s obligations to VA MONTANA HEALTHCARE SYSTEM under the terms of this contract.

Subcontractor-Any organization or person who provides any function or service for the Contractor specifically related to securing or fulfilling the Contractors’ obligation to VA MONTANA HEALTHCARE SYSTEM under the terms of this contract.

B.3 PRICE/COST SCHEDULE

REFERENCE LAB TESTING-GLASFOW VA CLINIC

YEARLY COST PER TEST (CPT) 5 YEARLY OPTIONS

02/10/2026 - 02/09/2031

Base Year: 02/10/2026-02/09/2027

Ordering Period One (1): 2/10/2027-02/09/2028

Ordering Period Two (2): 2/10/2028-02/09/2029

Ordering Period Three (3): 2/10/2029-02/09/2030

Ordering Period Four (4): 2/10/2030-02/09/2031

ESTIMATED COSTS

BASE YEAR COST: $

Ordering Period 1 COST: $ Ordering Period 2 COST: $ Ordering Period 3 COST: $ Ordering Period 4 COST: $

B.4 BPA ORDER RFQ INTRODUCTORY LANGUAGE

The terms and conditions of the contractor's BPA (including any agreement modifications) apply to task or delivery orders issued under the Blanket Purchase Agreement (BPA), otherwise called the agreement, as a result of this RFQ. When a lower price has been established, or when the delivery terms, FOB terms, or ordering requirements have been modified by the task/delivery order, those modified terms will apply to all purchases made pursuant to it and take precedence over the Agreement. Any unique terms and conditions of an order issued under the agreement that are not already part of the agreement will govern. In the event of an inconsistency between the terms and conditions of a BPA and task/delivery order terms, other than those identified above, the terms of the BPA will take precedence.

B.5 INTRODUCTION

In the spirit of the Federal Acquisition Streamlining Act, the Department of Veterans Affairs (DVA) and _____________________ 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 supplies 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. This BPA expires on 02-09-2031 or such later ending date as determined by the exercise of any option.

B.6 BPA TERMS AND CONDITIONS

This order is subject to the terms referenced in BPA.

B.7 ADMINISTRATIVE DATA

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

Contractor Name:

Contractor Address:

UEI NUMBER:

Contractor Point of Contact:

Name:

Phone:

Email:

Department of Veterans Affairs Network Contracting Office 19

NCO 19

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

Edward Emerson Contracting Officer

(303) 712-5720 Edward.Emerson@va.gov

B.8 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. 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.9 AUTHORIZED LIMITS

The Government estimates, but does not guarantee, that individual BPA Orders placed against this Agreement may reach $50,000.00/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 $200,000.00 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 02-09-2031 or such later ending date as determined by the exercise of any option.

B.12 AUTHORIZED INDIVIDUALS

Individuals Authorized to Place Orders:

DVA authorizes the following entities to place orders:

Edward Emerson Contracting Officer

(303) 712-5720 Edward.Emerson@va.gov

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:

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.

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

36C25926Q0182 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.