36C26024Q0310.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

36C26024Q0310 05-07-2025 darien.justice@va.gov 253-888-4904 06-18-2025 9am PST

36C260 Network Contracting Office 20

ATTN: V4CONT

1601 E. Fourth Plain Blvd Bldg.17, Suite B428 Vancouver WA 98661

X 100

X

325413

1,250 Employees

N/A

X

Department of Veterans Affairs WSNC Facilities, dictated by order

36C260

Network Contracting Office 20

ATTN: V4CONT

1601 E. Fourth Plain Blvd Bldg.17, Suite B428 Vancouver WA 98661

Dept of Veterans Affairs

FMS-VA-2(101)

Financial Services Center

PO BOX 149971

Austin TX 78714-9971

See CONTINUATION Page

The Department of Veterans Affairs seeks to establish a Single-award BPA for electrophoresis kits, equipment, and related maintenance and repair services for use within the Western States Network Consortium (WSNC).

See attachment A for Price/Cost Schedule.

Period of performance: Five years from date of award.

Questions are due on or before 05/28/2025 at 9:00am PDT.

All vendors must submit the 3 Parts detailed on pages 32 and 33 of this solicitation. Quotes shall be submitted to Darien Justice at darien.justice@va.gov.

See CONTINUATION Page

X X

36C26024Q0310

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

B.2 DELIVERY SCHEDULE

B.3 BPA TERMS

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

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

C.3 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.4 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.5 VAAR 852.211-70 EQUIPMENT OPERATION AND MAINTENANCE MANUALS

(NOV 2018)

C.6 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023)

C.7 VAAR 852.222-71, COMPLIANCE WITH EXECUTIVE ORDER 13899.

(DEVIATION) (APR 2025)

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

2018)

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

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

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

C.12 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JAN 2025)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)

E.2 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.4 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.5 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.6 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.7 52.225-2 BUY AMERICAN CERTIFICATE (OCT 2022)

E.8 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.9 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

E.10 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.11 VAAR 852.273-70 LATE OFFERS (NOV 2021)

E.12 VAAR 852.273-74 AWARD WITHOUT EXCHANGES (NOV 2021)

E.13 ADDENDUM to 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES

E.14 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024) (DEVIATION

FEB 2025)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

ALL

N/A

Gel and capillary electrophoresis kits, equipment, and related maintenance and repair services for Western States Network Consortium (WSNC) medical facilities. All VHA facilities within the WSNC are authorized to order any item listed on the Price-Cost Schedule (Attachment A) at the listed price.

PRICING WORKSHEET

Vendor is to fill out the attached pricing worksheet and provide the firm fixed price for each CLIN available to order during the period of performance. If providing an "equal" offering, vendor shall provide the brand name, make or model number, and state which item on Attachment A it is equal to. See page 33 for more info.

GRAND TOTAL __________________

B.2 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

Delivery location will be determined at time of each order.

B.3 BPA TERMS

Under this agreement, the BPA holder shall provide electrophoresis kits, equipment, and related maintenance and repair services for Western States Network Consortium (WSNC) medical facilities. All VHA facilities within the WSNC are authorized to order any item listed on the Price-Cost Schedule (Attachment A) at the listed price. The WSNC is comprised of Veterans Integrated Service Networks (VISNs) 17, 19, 20, 21, and 22.

VISN 17: Texas, Eastern New Mexico.

VISN 19: Montana, Wyoming, Eastern Idaho, Eastern Nevada, Utah and Colorado.

VISN 20: Oregon, Washington, Idaho and Alaska.

VISN 21: Northern California, Nevada, Hawaii Islands, Philippines Islands, Guam and American Samoa.

VISN 22: Southern California, Arizona, New Mexico, Southern Colorado

No items may be ordered off this BPA unless they are listed on the Price-Cost Schedule. Additional, related items may be added without further competition to the Price-Cost Schedule with the award of a Modification by the administering Contracting Officer (CO). The administering CO is the only VHA employee authorized to Modify this BPA. Placement of orders under the resulting BPA is not guaranteed or mandatory.

B.4 OBLIGATION OF FUNDS

This BPA does not obligate any funds. The Government is only obligated to the extent of authorized Task/Delivery Orders (TO/DO) issued under this BPA.

B.5 PRICE-COST SCHEDULE

The Contractor shall provide pricing for each orderable item on the Price-Cost Schedule spreadsheet (Attachment A).

Any travel required by the Contractor to meet ordering requirements (for any item other than Repair tasks) are included in the unit prices listed on the Price-Cost Schedule.

All items are priced as FOB Destination.

B.6 TERM OF BPA

This BPA is effective from the date of award for a period of 5 years. An annual review will be conducted by the CO, to determine if it is in the best interest of the Government to continue performance of the

BPA.

B.7 AUTHORIZED USERS

All properly warranted COs in the WSNC are authorized to place orders under this BPA.

Government Purchase Card holders may place TOs off this BPA.

B.8 ORDERING

TOs will be placed against this BPA using official email messages and Electronic Data Interchange (EDI).

Each individual BPA Order will describe the place of performance, period of performance, tasks, services, and deliverables required. Each order placed under the agreement becomes a binding contract when the supplier accepts the offer, either by written acceptance (preferred) or by furnishing the supplies or services ordered. Placement of orders is not guaranteed.

If the contractor cannot be reached or does not respond, usage of this BPA will be paused until the administrating office contacts the contractor. Additionally, if the contractor is not able to meet the time and date needed, the contractor shall provide a notification to the government which specifically states that the order request is declined.

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, unless TO variation has been otherwise authorized by the BPA.

B.9 PURCHASE LIMITATIONS

Individual Task/Delivery Orders (TO/DO) may not exceed $250,000 each.

The estimated spend for all BPAs awarded as a result of this solicitation is $3,775,000 over 5 years.

B.10 PERFORMANCE WORK STATEMENT (PWS)

The Contractor shall provide all personnel, equipment, tools, certifications, supervision, and all other technologies and technical services to provide the test kits, equipment, and technical services as listed in Attachment A at WSNC facilities and as ordered on individual TOs by those facilities.

There are 4 key areas of ordering activity that are covered by this PWS: Basic Requirements, Test Kit purchasing, Equipment purchasing, and Contractor Services purchasing. An alternate pricing scheme is also detailed, the CPT Model.

A. BASIC REQUIREMENTS

The following terms apply to all TOs.

Upon award of a Task/Delivery Order, the contractor shall provide to the ordering CO:

a. Contractor’s regular work hours.

b. Contractor’s telephone number for call-in orders during regular work hours.

c. Contractor’s telephone number and instructions for placing “Emergency” orders after contractor’s regular work hours, including weekends.

d. Contractor’s telephone number for expert advice concerning awarded products.

WORKPLACE CONDITIONS:

1. Contractors provided under this BPA are employees of the Contractor and shall not be considered VA employees. Contractors working on VA property shall be subject to the same rules and regulations as all contracted employees.

2. Parking is allowed only in areas not designated for patient use. All traffic laws and parking rules on the grounds are strictly enforced. Failure to follow these laws and regulations may result in a citation being issued that will have to be resolved through the Federal Court system.

3. Prior to reporting to work, the Contractor will need to contact the designated point of contact for the ordering facility to arrange an escort to the on-site badging department. VA staff will issue a temporary ID badge to the contracted employee, who will properly display the badge while working onsite. Upon completion of the assignment, the employee will return the badge.

4. The VA reserves the right to refuse any Contractor access to VA property, for any or no reason.

5. Contractors shall comply with all security requirements imposed by the ordering facility.

6. Contractors shall not receive personal telephone calls or texts on their cell phone while rendering services.

7. A VA employee must accompany Contractors who are providing services.

8. The Contractor shall remove and dispose of any waste related to providing the ordered services.

VA FACILITY HOURS OF OPERATION:

Standard operating hours for CBOCs and larger VA facilities are normally 8:00 AM to 4:30 PM Monday through Friday in the time zone of the facility, excluding federal holidays. VA Emergency Departments normally operate with 24-hour coverage.

TOs may require services to be available 24/7, 365 days a week to include all Federal Holidays.

Federal holidays are:

- New Years Day

- Martin Luther King Jr Birthday

- President’s Day

- Memorial Day

- Juneteenth

- Independence Day

- Labor Day

- Columbus Day

- Veterans Day

- Thanksgiving Day

- Christmas Day

B. TEST KIT PURCHASES

1. Electrophoresis test kits may be ordered using this BPA. The test kits that can be ordered using this BPA are listed on Attachment A. All test kit prices are FOB Destination. Any test kit found to be defective shall be replaced by the Contractor at no cost to the VA.

2. The Contractor shall provide extended expiration date of supplies. In the event expiration dates of longer than 3 months are needed, the laboratory shall request at the time the reagent order is placed.

3. Contractor shall sequester specific lots of controls to ensure all ordering locations are using the same lot of controls.

4. Contractor shall furnish quarterly updates by facility on inventory availability of sequestered lots.

5. Contractor shall offer maximized expiration dates for supplies to reduce frequency of new lot validations and/or parallel cross over studies.

6. Contractor shall provide recall notification, regardless of level, to each facility, to the ordering CO and WSNC CO.

7. The Contractor shall be responsible for assuring that the ordered products are available to meet the requirements ordered.

8. The ordering CO shall be notified immediately of any backorder item(s).

9. No substitutions will be permitted without approval from the CO or their designated representative.

10. Supplies and services will be delivered in accordance with individual TOs.

11. Deliveries shall incorporate sufficient packing to comply with all applicable federal and/or state standards relating to shipment of these products. Shipping containers must comply with all federal and state regulations (i.e., DOT, DOE, regulations and standards)

12. The Contractor shall replace any controls received that are determined not fit for use by the user and provide replacement product within 48 hours. Report of problem(s) must be submitted, in writing, to the CO.

13. In the event that material defect is suspected and/or detected by the Contractor will be requested to provide any consultation necessary to alleviate any said suspicion and/or defect by the following:

13.1. Provide technical expertise which may include professional examination of product;

results and recommendations shall be sent to the CO.

13.2. Make expedient replacement of any product suspected of being deficient.

14. Delivery schedules, arrangements, and packing slip requirements will be provided in the TO or by the CO.

15. The quality of the products shall be high enough to satisfy proficiency testing standards of the College of American Pathologists (CAP) and the Joint Commission on Accreditation of Health Care Organizations (JCAHO).

C. ANALYZER PURCHASES

1. Electrophoresis analyzers may be ordered using this BPA. The analyzers that can be ordered using this BPA is listed on Attachment A. All analyzer prices are FOB Destination. Analyzers purchased shall come with a 1-year warranty or the manufacturer’s standard warranty, whichever is longer.

2. Contractor shall provide recall notification, regardless of level, to each facility, to the ordering CO and WSNC CO.

3. The Contractor shall be responsible for assuring that the ordered products are available to meet the requirements ordered.

4. The ordering CO shall be notified immediately of any backorder item(s).

5. No substitutions will be permitted without approval from the CO or their designated representative.

6. Supplies and services will be delivered in accordance with individual TOs.

7. Deliveries shall incorporate sufficient packing to comply with all applicable federal and/or state standards relating to shipment of these products. Shipping containers must comply with all federal and state regulations (i.e., DOT, DOE, regulations and standards)

8. In the event that material defect is suspected and/or detected by the Contractor will be requested to provide any consultation necessary to alleviate any said suspicion and/or defect by the following:

8.1. Provide technical expertise which may include professional examination of product;

results and recommendations shall be sent to the CO.

8.2. Make expedient replacement of any product suspected of being deficient.

9. Delivery schedules, arrangements, and packing slip requirements will be provided in the TO or by the CO.

10. The quality of the products shall be high enough to satisfy proficiency testing standards of the College of American Pathologists (CAP) and the Joint Commission on Accreditation of Health Care Organizations (JCAHO).

GENERAL ANALYZER REQUIREMENTS:

1. Offered electrophoresis instruments shall be capable of producing accurate and reproducible assay results on serum, urine, and whole blood specimens for serum and urine protein electrophoresis, serum and urine immunofixation, and whole blood acid and alkaline hemoglobin electrophoresis by established in vitro diagnostic methods. Both Gel application and Capillary mode must be considered.

2. Models shall provide positive sample identification and accurate test assay results for sample specimens up to the manufacturer's defined maximum test per hour without excessive malfunctions, breakdowns, or service calls. Current waste stream analysis and MSDS provided to sites.

3. Offered analyzers shall be new and state-of-the-art. Refurbished, remanufactured, and discontinued models will not be accepted.

4. The Contractor shall provide all upgrades to the analyzer hardware and operating system software at no additional cost to the Government. These enhancements shall be delivered and installed at the ordering facility within 60 days of issuance to the commercial market.

5. An operator’s manual shall be furnished with each instrument supplied to the ordering facility and updates to manual shall be provided in a timely manner.

6. Editable electronic copy in CLSI format of operating procedures shall be furnished with each instrument supplied to the VA.

7. Contractor must provide both the automated auto-sampler instrument with direct sample connection to the automated electrophoresis/scanner instrument for electrophoresis testing for the ordering facility.

8. Analyzers shall have a fully bi-directional, ASTM or HL7 Lab Information System (LIS) interfacing.

All downloads / software necessary to transfer orders and data into patient files via LIS interface will be at no additional cost to VA.

9. The analyzers shall provide data backup.

10. Systems shall provide ease of use (uncomplicated menus), with minimal maintenance required.

11. Analyzers shall provide flexibility in test volumes.

12. Analyzers shall be easy to troubleshoot.

13. Analyzers shall have an automated, walk-away, pre-analytical module to include full standardization of all pre-analytical steps and positive sample identification and standardization of sample preparation, linked with electrophoresis/scanning instrument and computer.

INSTALLATION:

1. The Contractor shall be responsible for managing and coordinating the delivery, assembly, installation, configuration, and calibration of any equipment ordered.

2. The Contractor shall ensure that all testing instruments and equipment installations are FDA approved. Equipment must be in proper working order and ready for use by the VA before leaving the installation site.

3. The Contractor shall provide a list of installed equipment serial numbers and copies of user manuals in the quantity specified by individual TOs.

4. The Contractor shall remove and dispose of any waste related to providing the ordered equipment.

TRAINING:

1. The Contractor shall provide training for the ordering facility’s designated staff in accordance with the training requested on individual TOs and the manufacturer’s standards for operating the ordered equipment.

2. The training may be rendered in any medium (in-person, online, video conference, phone conference, etc.) agreed to by the facility and the Contractor.

D. CONTRACTOR SERVICES

1. The Contractor shall provide preventative maintenance and repair services to electrophoresis analyzers in place at the ordering facility as requested.

2. Contractor-provided technicians must be trained to the manufacturer’s standards to service all electrophoresis equipment covered by the BPA.

3. When technicians are on-site for service, they shall have in their possession a full range of commonly needed tools, repair items, and system components.

4. All replacement items must be new, OEM parts.

5. Individual TOs may specify desired response timelines and persons authorized to place service calls.

6. Ordering facilities may require service report documentation in accordance with their local standards.

ANNUAL PREVENTATIVE MAINTENANCE SERVICES:

1. The VA may order services for the annual inspection and preventative maintenance of electrophoresis analyzers in the ordering facility’s possession.

2. The annual services shall meet the schedule and standards required by the equipment manufacturer and include all labor, commonly replaced items, travel, and other costs associated with the annual service.

3. The equipment so covered shall be operable and available for use at least 98% of the normal operating hours of the equipment.

4. Contractor shall provide telephone technical support 24/7.

5. If an equipment malfunction issue is unable to be resolved over the phone and the malfunction is determined to be repairable only by a vendor field service engineer, the technical support personnel will schedule to dispatch a Service Technician to the site to perform the repair.

REPAIR SERVICES:

The VA may order services and supplies to repair any electrophoresis analyzer that is not performing to standard.

The Contractor shall provide the following firm-fixed price elements in Attachment A, which shall be used to calculate estimated repair job pricing:

1. Service Technician Labor Price Per Hour (for the technician’s time and labor on job site)

2. Material Cost Mark-Up Percentage (for supplies needed for the repair)

3. Mobilization Fee (covering all costs associated with sending the technician to the job site)

In calculating the Mobilization Fee, the contractor shall charge no more than the rate listed on GSA for Per Diem (hotel and meals and incidentals) located at https://www.gsa.gov/travel/plan-book/per-diem-rates/per-diem-rates-lookup.

Service Technician response timeliness from time of the request for service being placed by the ordering facility to the time of the Service Technician arriving at the job site is 24 hours, unless otherwise specified in an individual TO.

E. CPT MODEL OF SUPPLIES AND SERVICES:

TOs may also be placed using an all-inclusive Cost Per Test (CPT) model of ordering.

Contractors are required to provide a price for each test that can be performed on its analyzers. The per test price shall include costs covering:

(a) analyzer rental and use, https://www.gsa.gov/travel/plan-book/per-diem-rates/per-diem-rates-lookup https://www.gsa.gov/travel/plan-book/per-diem-rates/per-diem-rates-lookup

(b) all reagents, calibrators, controls, supplies, consumable/disposable items, parts, accessories and any other item required for the proper operation of the contractor’s equipment and necessary for the generation and reporting of a test,

(c) all necessary maintenance to keep the equipment in good operating condition (this element includes both preventive maintenance and emergency repairs),

(d) training for Government personnel (on-site training for ordering facility testing personnel and key operator training for a minimum of 2 operators is required, not to exceed 4 key operators), and

(e) Contractors are required to provide delivery, installation, bi-directional interfacing, assistance with method validations, set up, including all required supplies for installation, and removal of equipment at no additional charge.

The Contractors shall provide their CPT pricing model Contractor populates on Attachment A.

Unusable consumables: in the event that the consumables are found to be defective and unsuitable for use with the contractor's equipment, or the contractor has failed to comply with the requirements for routine supply delivery, the contractor shall deliver the consumable supplies within a period of twenty-four hours after receipt of the verbal order for priority delivery from the ordering facility. If either circumstance has occurred, the contractor shall deliver to the ordering facility in the most expeditious manner possible, without additional cost to the Government, the necessary consumables in sufficient quantity as required to allow operation of the contractor's equipment for one week (under normal Government test load volume). If additional requests for emergency supply delivery are required by the Government, they shall be honored by the contractor until the arrival at the Government site of the monthly standing order/routine supplies delivery. Failure to reserve adequate inventory may result in default.

Inventory - Controls, Calibrators, Reagents, Supplies, Disposables, Parts, Accessories: The contractor shall maintain on Government-provided space a continuously stocked inventory of controls, calibrators, reagents, supplies, disposables, parts, accessories, and any other material required to properly perform tests on the offered equipment. These items shall be of the highest quality ensuring sensitivity, specificity and tested to assure precision and accuracy.

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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

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

and

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the

Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

(End of Clause)

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

PRODUCTS AND COMMERCIAL SERVICES

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

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

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

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

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

(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

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW

INFORMATION

MAY 2024

52.228-5 INSURANCE—WORK ON A GOVERNMENT

INSTALLATION

JAN 1997

52.232-37 MULTIPLE PAYMENT ARRANGEMENTS MAY 1999

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS,

EQUIPMENT, AND VEGETATION

APR 1984

C.3 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

C.4 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

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

(End of Clause)

C.5 VAAR 852.211-70 EQUIPMENT OPERATION AND MAINTENANCE

MANUALS (NOV 2018)

The Contractor shall follow standard commercial practices to furnish manual(s), handbook(s) or brochure(s) containing operation, installation, and maintenance instructions, including pictures or illustrations, schematics, and complete repair/test guides, as necessary, for technical medical equipment and devices, and/or other technical and mechanical equipment provided per CLIN(s) . The manuals, handbooks or brochures shall be provided in hard copy, soft copy or with electronic access instructions, consistent with standard industry practices for the equipment or device. Where applicable, the manuals, handbooks or brochures will include electrical data and connection diagrams for all utilities. The documentation shall also contain a complete list of all replaceable parts showing part number, name, and quantity required.

(End of Clause)

C.6 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB

2023)

(a) No used, refurbished, or remanufactured supplies or equipment/parts shall be provided.

This procurement is for new Original Equipment Manufacturer (OEM) items only. No gray market items shall be provided. Gray market items are OEM goods intentionally or unintentionally sold outside an authorized sales territory or sold by non-authorized dealers in an authorized sales territory.

(b) No counterfeit supplies or equipment/ parts shall be provided. Counterfeit items include unlawful or unauthorized reproductions, substitutions, or alterations that have been mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified item from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitutions include used items represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics.

(c) Vendor shall be an OEM, authorized dealer, authorized distributor, or authorized reseller for the proposed equipment/system, verified by an authorization letter or other documents from the OEM. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions.

C.7 VAAR 852.222-71, COMPLIANCE WITH EXECUTIVE ORDER 13899.

(DEVIATION) (APR 2025)

(a) The contractor shall comply with Executive Order 13899, Combating Anti-Semitism, pursuant to Title VI of the Civil Rights Act of 1964 (Title VI), 42 U.S.C. 2000d et seq.

(b) The contractor shall timely disclose, in writing, to the Contracting Officer, whenever, in connection with the award, performance, or closeout of this contract or any subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed a violation under Executive Order 13899, Combatting Anti-Semitism pursuant to the Civil Rights Act of 1964 (Title VI), 42 U.S.C. 2000d et seq.

(c) The contractor shall include the terms and conditions of this clause in every subcontract or purchase order so that these terms will be binding on every subcontractor or vendor.

(End of clause)

C.8 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT

REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office.

Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of…