S02-36C26026Q0960.docx

36C26026Q0960

GENERAL INFORMATION

SET-ASIDE

PRODUCT SERVICE CODE*

ATTN: V4CONT

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

POINT OF CONTACT*

Contracting Specialists Hector D. Baltazar hector.baltazar@va.gov

PLACE OF PERFORMANCE

Seattle VA PSH

1660 South Columbia Way

Seattle WA

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

Combined Synopsis/Solicitation Notice

DESCRIPTION

Combined Synopsis/Solicitation Notice

This is a combined synopsis/solicitation for commercial products prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.2, “Streamlined Procedures for Solicitation, Evaluation, and Award for Acquisition of Commercial Products and Commercial Services. “Commercial Services,” as supplemented with additional information included in this notice. This announcement constitutes only the solicitation; quotes are being requested, and a written solicitation document will not be issued.

This is a Request for Quote (RFQ), and the solicitation number is 36C26026Q0960. The Government anticipates awarding five-year firm-fixed price purchase order.

This is a solicitation for Reference Laboratory Services for the Portland VA Medical Center. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2025-06 Effective March 13th, 2026.

This solicitation is set as Unrestricted Open Market and is being Competed as such. The associated North American Industrial Classification System (NAICS) code for this procurement is 325413, with a business size of 10,000 employees, and the Product Service Code (PSC) is 6515.

The Department of Veterans Affairs, Regional Procurement Office West, Network Contracting Office 20, on behalf of the VA Seattle VA Healthcare System, is seeking the following Service and Support in compliance with the included Statement of Work.

Combined Synopsis/Solicitation Notice

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

08-19-2026 Hector Baltazar 360-553-7632 09-10-2026 10:00

PDT

36C260 Network Contracting Office 20

ATTN: V4CONT

1601 E. Fourth Plain Blvd

X

325413 $41.5 Million

Net 30 Days

N/A

36C663 Department of Veterans Affairs Seattle VA PSH

1660 South Columbia Way Seattle WA 98108 36C260 Network Contracting Office 20

ATTN: V4CONT

1601 E. Fourth Plain Blvd

Dept of Veterans Affairs

FMS-VA-2(101)

Financial Services Center

PO BOX 149971

Austin TX 78714-9971

See CONTINUATION Page

1. Location: Seattle VA Medical Center.

2. Supplies being solicitated: Purchase of Rapid Molecular Reagents and Consumables for Laboratory Tests.

3. Award will be a five-year Indefinite Delivery Indefinite Quantity (IDIQ) Contract with a five-year period of performance. In accordance with FAR 16.504-1(b)&(c) the Contract Minimum is established at $500.00 and the contract maximum is $3,000,000.00. The Quantities listed in the price schedule are estimated only and are not guaranteed.

4. Ordering Period One (1): 10/01/2026 - 09/30/2027 Ordering Period Two (2): 10/01/2027 - 09/30/2028 Ordering Period Three (3): 10/01/2028 - 09/30/2029 Ordering Period Four (4): 10/01/2029 - 09/30/2030 Ordering Period Five (5): 10/01/2030 - 09/30/2031

5. Please see the Continuation Pages below for details regarding the submission of quotes.

6. For further information, please contact Hector Baltazar at hector.baltazar@va.gov.

See CONTINUATION Page

One

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C260 Network Contracting Office 20

ATTN: V4CONT

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

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

3. INVOICES: Invoices shall be submitted in arrears:

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

https://www.fsc.va.gov/einvoice.asp

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

B.2 STATEMENT OF WORK

1. Contracting Officer’s Technical Representative (POC)

2. Contract Title Procurement of rapid syndromic molecular testing reagents.

3. Background Purchase order is requested to order specific products necessary to perform rapid syndromic infectious disease diagnostic testing by RT-PCR. This testing is for veterans across Washington State, Oregon, Alaska and Bone Marrow and Solid Organ Transplant patients tested and monitored from across the United States. Testing is performed on direct patient samples including stool, urine, sputum, endotracheal aspirate and nasopharyngeal or nasal/mid-turbinate.

4. Scope Our scope is to acquire specific FDA-approved infectious disease and oncology assays formulated as single-use test cartridges and reagents that are equal to and/or compatible to what is currently being used on the VA owned instrument/analyzer. Required rapid molecular assays include targets for C. difficile, SARS-CoV-2 with Influenza A & B and RSV, Strep A, MTB IVD – Mycobacterium tuberculosis with Rif, MVP-Multiplex Vaginal Panel, GI Panel, MRSA Carba-R, Norovirus, BCR-ABL, FII & FV and vanA PCR. The kit storage temperature should be 2 – 28°C and not require refrigeration. Time and date of delivery to be determined by the PSHCS Microbiology Department.

5. Specific Tasks The vendor provides reagents, consumables, and test kits that are equal to and/or compatible to what is currently being used on the VA owned instrument/analyzer and will deliver the kits and reagents associated with this contract within a reasonable window of time after ordering has ensued. The vendor will adhere to the priced schedule submitted with the BPA of these materials, of which price of shipping is included in the cost of material. The vendor will provide SDS sheets for all media upon request. Times and dates of delivery to be determined by the PSHCS Microbiology Department. Specific products and their performance requirements that should be orderable are:

Swab specimen collection kits

a. Purchasable swabs through vendor must be compatible with all associated assays and used for the collection of vaginal samples, samples collected in viral transport media, nasopharyngeal swab samples and single use disposable swabs for required testing.

Clostridium difficile and the epidemic 027 strain

a. Detection and differentiation of Clostridioides difficile and the epidemic 027 strain must take less than 45 minutes.

b. The molecular based test should detect the toxin B (tcdB) gene sequence of toxigenic C. difficile and differentiate the presumptive 027/NAP1/BI-associated markers.

SARS-CoV-2

a. This assay must be a fast, real-time RT-PCR test intended for the qualitative detection of nucleic acid from SARS-CoV-2 in nasopharyngeal and anterior nasal swab specimens collected from individuals with signs and symptoms of respiratory tract infection by their healthcare provider.

b. The test provides actionable results in as early as 19 minutes for positive samples.

c. Must be designed with three gene targets for the detection of SARS-CoV-2, providing target redundancy to mitigate potential impact of genetic mutations.

SARS-CoV-2/FLU/RSV

a. Multiplexed real-time PCR test intended for the simultaneous in-vitro qualitative detection and differentiation of RNA from SARS-CoV-2, influenza A, influenza B, and/or RSV in nasopharyngeal swab or anterior nasal swab specimens collected from individuals with signs and/or symptoms of respiratory viral infection.

b. The test provides actionable results in as early as 25 minutes for positive samples.

c. Utilizes a multi-gene target approach for the detection of SARS-CoV-2 and influenza providing target redundancy to mitigate the potential impact of genetic shift and drift on strain detection.

d. Detects SARS-CoV-2, influenza A, influenza B, and/or RSV simultaneously.

Multiplex Vaginal Panel (MVP)

a. FDA cleared on-demand PCR test to aid in the diagnosis of vaginal infections in symptomatic women within an hour. Includes the detection of Candida species associated with vulvovaginal candidiasis, and Trichomonas vaginalis, from a single sample along with organisms associated with bacterial vaginosis.

b. Actionable diagnostic aid for bacterial vaginosis, vulvovaginal candidiasis, and trichomoniasis within 60 minutes, including potential co-infections.

c. On-demand results for 4 separate callouts, bacterial vaginosis, Candida group, C. glabrata/C. krusei, and T. vaginalis from a single sample collection.

d. Allows for vaginal self-swabbing as an FDA approved sample type

Strep A

a. On-demand molecular testing for Group A Strep in as soon as 18 minutes for positive samples.

MTB with Rif

a. Provides fast and accurate detection of Mycobacterium Tuberculosis (MTB) and Rifampicin (RIF) resistance simultaneously from patient samples using a molecular assay.

b. Simple process that allows for results in less than 2 hours

S.aureus and MRSA (multiple MRSA test types)

a. Molecular diagnostic test intended for the detection of methicillin-resistant S. aureus (MRSA) DNA directly from nasal swabs in patients at risk for nasal colonization.

b. Molecular diagnostic test designed for rapid and simultaneous detection of S. aureus and methicillin-resistant S. aureus (MRSA) directly from gram-positive blood cultures.

c. Molecular diagnostic test intended for the detection of Staphylococcus aureus (SA) and methicillin-resistant Staphylococcus aureus (MRSA) from skin and soft tissue infection swabs.

d. Molecular diagnostic test designed for the detection of S. aureus and methicillin-resistant S. aureus (MRSA) from nasal swabs in patients at risk for nasal colonization

GI Panel

a. Qualitative RT-PCR assay capable of detecting the following bacterial, parasitic and viral causes of gastrointestinal disease:

· Campylobacter, Shiga toxin-producing Escherichia coli (STEC) stx1 and stx2, Salmonella, Shigella/Enteroinvasive Escherichia coli (EIEC), Yersinia enterocolitica, Vibrio parahaemolyticus, Vibrio cholerae, Giardia, Cryptosporidium and Norovirus

b. Time to results should take no more than 74 minutes.

c. Sample type should be intended for stool in Cary Blair transport media

Carba-R

a. Rapid molecular detection and differentiation of the IMP, NDM, or VIM metallo-beta-lactamase gene sequences from pure colonies

b. Rectal and perirectal swabs may also be used for carbapenem resistance screening.

c. Assay should take no more than 50 minutes.

vanA

a. Rapid molecular detection of the vanA gene associated with VRE colonization risk to aid in the recognition, prevention, and control of vancomycin-resistant organisms that colonize patients in healthcare settings.

b. Rapid VRE screening for active outbreak prevention and control should take no more than 48 minutes.

Norovirus

a. Rapid molecular detection of Norovirus GI and GII with results available in 90 minutes.

BCR-ABL

a. Rapid molecular quantitative test for BCR::ABL major breakpoint (p210) transcripts that provides highly sensitive and on-demand molecular results, reporting on both the International Scale (IS) and Molecular Response (MR) formats.

b. Results aligned to the IS in a one-page report in approximately 3 hours.

FII & FV

a. FII & FV assay is intended to provide results for Factor II mutation c.*97G>A (formally 20210G>A) and Factor V Leiden c.1601G>A (p.Arg534Gln) as an aid in the diagnosis of suspected thrombophilia.

b. The test is a qualitative molecular genotyping test for fast and simultaneous detection of Factor II and Factor V alleles in approximately 30 minutes.

5.1 Task 1 - Enterprise Management Controls.

Subtask 1 - Integration Management Control Planning.

a. Microbiology employee or supervisor enters request for product from vendor.

b. Purchasing agent places the request with vendor.

c. Vendor ships out product, referencing PO# for payment.

d. Microbiology employee receives product, inspects for discrepancies.

e. Vendor bills for product, Purchasing Agent checks for delivery completeness from end-user.

f. Purchasing agent completes receiving protocol in computer.

g. Microbiology Department uses product to perform rapid diagnostic testing for veteran patients.

5.2 Task 2 – Contract Management

Products are ordered at Seattle by the Microbiology Department in coordination with Administrative Specialist/COR II David Travelstead. The order is sent to the vendor via email, referencing the correct purchase order given from Fiscal and Contracting. Any delivery delays are sent via email to the purchaser in the Microbiology Department, who coordinates with vendor. Vendor sends invoices for payment to the VA Accounting Department in Austin, TX. Austin Automated Payment System posts the invoices for the laboratory to review, and then the invoices will be certified after confirmation of received items.

6. Performance Monitoring The Microbiology Department must adhere to specific standards for all laboratory consumables. These standards are applied to the products ordered from this vendor. COTR and/or any Microbiology employee are responsible to monitor all products for quality. The microbiology laboratory QA Technologist and Supervisor will monitor the system for minimum performance. In the event performance is compromised by either reagent or instrument failures, the company will be contacted for remediation.

7. Security Requirements There are no security related components to this contract request. The vendor will not have access to protected patient information. Protected patient information will not be input into the vendor computer and the vendor computer associated with the testing instrumentation will not be interfaced with any VA networks.

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

There is no government furnished equipment associated with this contract.

9. Other Pertinent Information or Special Considerations.

a. Identification of Possible Follow-on Work. None

b. Identification of Potential Conflicts of Interest (COI). None

c. Identification of Non-Disclosure Requirements.

Contractor will not have access to any veteran names or diagnosis.

d. Packaging, Packing and Shipping Instructions.

All reagents shall be shipped according to IATA shipping regulations and in accordance with instruction provided by the Microbiology Laboratory at PSHCS.

e. Inspection and Acceptance Criteria.

Microbiology POC, Supervisor and any other Microbiology employees have specific lab standards to maintain for all products under their care. Upon inspection all reagents shall be shipped according to IATA shipping regulations and in accordance with instruction provided by the Microbiology Laboratory at PSHCS. All shipments will be received at the appropriate temperature (storage conditions) commensurate with instrument and reagent standards.

10. Risk Control Microbiology is responsible and will accept any risks associated with product, notified by vendor. Only quality controlled and verified results will be released to the medical record.

11. Place of Performance.

Specific area to receive and work with product from vendor is the Microbiology lab at the Seattle Division of VA Puget Sound Medical Center.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Nasal Collection Kit. 100 tests per Kit.

Ordering Period 1: 10/01/26-9/30/27 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

Nasal Swab, Pack of 50.

Cov-2/Flu/RSV plus (10-test kit)

MRSA/SA BC (10-test kit).

GI Panel (10-test kit)

GI Panel StartPAK (60-test kit)

MRSA NxG (10-test kit

Carba-R (10-test kit

vanA (10-test kit

Collection Device (Pack of 50)

Norovirus (10-test kit)

BCR-ABL Ultra (10-test kit)

FII & FV (10-test kit)

Nasal Swab (Pack of 50)

Clostridium Difficile Testing Reagents

Single use Disposable Swab (120 Count)

Kit, Xpress Strep A (10 per Kit)

TV, IVD Trichomonas (10 per Kit)

MTV, IVD, US (10 per Kit)

Trichomonas TV Swab Kit (CT/NGSWAB-50 COLLECTION KIT, SWWAB, CE-IVD, CT/NG 50)

Nasal Collection Kit (Viral Transport Media, 3ml w/flocked swab) (100)

Trichomonas TV Urine Collection Kit 50

Kit, MVP, Start Pack

Kit, MVP, US-IVD, 10 test

Nasal Collection Kit. 100 tests per Kit.

Nasal Swab, Pack of 50.

Cov-2/Flu/RSV plus (10-test kit)

MRSA/SA BC (10-test kit).

GI Panel (10-test kit)

GI Panel StartPAK (60-test kit)

MRSA NxG (10-test kit

Carba-R (10-test kit

vanA (10-test kit

Collection Device (Pack of 50)

Norovirus (10-test kit)

BCR-ABL Ultra (10-test kit)

FII & FV (10-test kit)

Nasal Swab (Pack of 50)

Clostridium Difficile Testing Reagents

Single use Disposable Swab (120 Count)

Kit, Xpress Strep A (10 per Kit)

TV, IVD Trichomonas (10 per Kit)

MTV, IVD, US (10 per Kit)

Trichomonas TV Swab Kit (CT/NGSWAB-50 COLLECTION KIT, SWWAB, CE-IVD, CT/NG 50)

Nasal Collection Kit (Viral Transport Media, 3ml w/flocked swab) (100)

Trichomonas TV Urine Collection Kit 50

Kit, MVP, Start Pack

Kit, MVP, US-IVD, 10 test

Nasal Collection Kit. 100 tests per Kit.

Nasal Swab, Pack of 50.

Cov-2/Flu/RSV plus (10-test kit)

MRSA/SA BC (10-test kit).

GI Panel (10-test kit)

GI Panel StartPAK (60-test kit)

MRSA NxG (10-test kit

Carba-R (10-test kit

vanA (10-test kit

Collection Device (Pack of 50)

Norovirus (10-test kit)

BCR-ABL Ultra (10-test kit)

FII & FV (10-test kit)

Nasal Swab (Pack of 50)

Clostridium Difficile Testing Reagents

Single use Disposable Swab (120 Count)

Kit, Xpress Strep A (10 per Kit)

TV, IVD Trichomonas (10 per Kit)

MTV, IVD, US (10 per Kit)

Trichomonas TV Swab Kit (CT/NGSWAB-50 COLLECTION KIT, SWWAB, CE-IVD, CT/NG 50)

Nasal Collection Kit (Viral Transport Media, 3ml w/flocked swab) (100)

Trichomonas TV Urine Collection Kit 50

Kit, MVP, Start Pack

Kit, MVP, US-IVD, 10 test

Nasal Collection Kit. 100 tests per Kit.

Nasal Swab, Pack of 50.

Cov-2/Flu/RSV plus (10-test kit)

MRSA/SA BC (10-test kit).

GI Panel (10-test kit)

GI Panel StartPAK (60-test kit)

MRSA NxG (10-test kit

Carba-R (10-test kit

vanA (10-test kit

Collection Device (Pack of 50)

Norovirus (10-test kit)

BCR-ABL Ultra (10-test kit)

FII & FV (10-test kit)

Nasal Swab (Pack of 50)

Clostridium Difficile Testing Reagents

Single use Disposable Swab (120 Count)

Kit, Xpress Strep A (10 per Kit)

TV, IVD Trichomonas (10 per Kit)

MTV, IVD, US (10 per Kit)

Trichomonas TV Swab Kit (CT/NGSWAB-50 COLLECTION KIT, SWWAB, CE-IVD, CT/NG 50)

Nasal Collection Kit (Viral Transport Media, 3ml w/flocked swab) (100)

Trichomonas TV Urine Collection Kit 50

Kit, MVP, Start Pack

Kit, MVP, US-IVD, 10 test

Nasal Collection Kit. 100 tests per Kit.

Nasal Swab, Pack of 50.

Cov-2/Flu/RSV plus (10-test kit)

MRSA/SA BC (10-test kit).

GI Panel (10-test kit)

GI Panel StartPAK (60-test kit)

MRSA NxG (10-test kit

Carba-R (10-test kit

vanA (10-test kit

Collection Device (Pack of 50)

Norovirus (10-test kit)

BCR-ABL Ultra (10-test kit)

FII & FV (10-test kit)

Nasal Swab (Pack of 50)

Clostridium Difficile Testing Reagents

Single use Disposable Swab (120 Count)

Kit, Xpress Strep A (10 per Kit)

TV, IVD Trichomonas (10 per Kit)

MTV, IVD, US (10 per Kit)

Trichomonas TV Swab Kit (CT/NGSWAB-50 COLLECTION KIT, SWWAB, CE-IVD, CT/NG 50)

Nasal Collection Kit (Viral Transport Media, 3ml w/flocked swab) (100)

Trichomonas TV Urine Collection Kit 50

Kit, MVP, Start Pack

Kit, MVP, US-IVD, 10 test

GRAND TOTAL

B.3 DELIVERY SCHEDULE

1660 SOUTH COLUMBIAN WAY

SEATTLE, WA 98108 1532

USA

Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) 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.

(c) 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.

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

(e) 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 FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(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. Examples of occurrences include 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. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(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) 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 that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) 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;

(D) Contractor point of contact; and

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

(5) 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 FAR part 33 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 FAR part 32).

(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 termination for cause.

(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 for interest credits prescribed in FAR part 32 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 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. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. 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 under this contract 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) 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; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.

(r) 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 Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract,

(5) Solicitation provisions incorporated in the solicitation.

(6) Other paragraphs of this clause.

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(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 (s)(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.

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

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

(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

(u) 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):

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

(End of Clause)

C.3 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 10/01/2026 through 09/30/2031.

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

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

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

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

(3) If sent electronically, the Government either—

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

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

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

(End of Clause)

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

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $600,000.00;

(2) Any order for a combination of items in excess of $3,000,000.00; or

(3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.5 52.216-22 INDEFINITE QUANTITY (NOV 2025) (DEVIATION)

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

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

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may…