36C26121Q0986_1.docx

36C26121Q0986

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.

DUNS:

DUNS+4:

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 ATTA

CHED

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. SIGNAT

URE 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. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

593-22-1-968-0009

36C261-21-AP-4269

36C26121Q0986 08-11-2021 Mandy Thompson 650-493-5000 x62211 08-20-2021 12:00

PDT

Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Palo Alto Health Care System (90/NCA) 3801 Miranda Ave Palo Alto CA 94304-1207 X Y 325413 1250 Employees N/A X **See Delivery Schedule Section B3**

Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Palo Alto Health Care System (90/NCA) 3801 Miranda Ave Palo Alto CA 94304-1207

Department of Veterans Affairs FMS-VA-2(101) Financial Services Center PO Box 149971 Austin TX 78714-9971 See CONTINUATION Page **See Section B2 Price/Cost Schedule and Statement of work for solicitation requirements.

Microbiology Identification & Susceptibility Cost per test all-inclusive of:

instrumentation, reagents, consumables, service,and training See CONTINUATION Page X Mandy Thompson Contracting Officer 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 36C261 Mandy Thompson Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Palo Alto Health Care System (90/NCA) 3801 Miranda Ave Palo Alto CA 94304-1207

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.

Department of Veterans Affairs FMS-VA-2(101) Financial Services Center PO Box 149971 Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

STATEMENT OF WORK

Automated Blood Culture System and Reagents Cost Per Test VA Southern Nevada Health Care System (VASNHCS)

1. GENERAL REQUIREMENT:

The Department of Pathology and Laboratory Services at VA Southern Nevada Health Care System (VASNHCS) has a requirement for the procurement of reagents and supplies for blood culture analysis, identification of microorganisms, susceptibility testing, gram staining and MRSA screening. The contractor will provide the following analyzers: the Vitek 2. The Vitek 2 performs susceptibility testing on a wide range of micro-organisms.

2. SCOPE OF WORK:

2.1 The successful contractor shall furnish all equipment (to include instrument/equipment/(s)), reagents, consumables, controls, and any necessary services (e.g., maintenance of furnished equipment) to conduct testing under a Cost-per-Test (CPT) Agreement (except as paragraph 2.2 in which contractor will provide only reagents compatible with government equipment). All equipment and reagents/consumables to conduct testing for automated mass spectrometry rapid microbiology identification, automated antimicrobial susceptibility, gram stain, blood culture testing and automated biochemical microbial identification shall be supplied and serviced through the Contractor to include all parts, equipment, supplies, and other services required to ensure VASNHCS is able to meet its objectives as listed herein.

2.2 The instruments and software provided to conduct testing as per paragraph 2.1 above will not be government owned, and therefore the contractor will be responsible for maintenance and service of their own instrumentation and software.

3. Period of Performance:

Base: October 1, 2021 – September 30, 2022 Option Year 1: October 1, 2022 – September 30, 2023

3.1 The Government will order items on as needed basis and shall only pay for the actual number of tests ordered, received, and accepted by the Government. The quantities listed in the Schedule represent anticipated test volumes for the ordering periods listed; however, quantities could increase and/or decrease during certain periods.

3.2 The inspection and acceptance for all deliverables rendered under this contract will be by the Contracting Officer Representative or designated personnel. The performance by the contractor technician, the quality of services rendered, and any documentation or written material in support of same, shall be subject to continuous inspection, surveillance, and review for acceptance by the designated Contracting Officer representative or designee.

4. HOURS OF OPERATION:

The microbiology lab is in operation 24 hours a day, 7 days a week. Normal business hours for administrative personnel are Monday through Friday between the hours of 0730 – 1630 PST. Contractor shall coordinate maintenance scheduled with Ordering Contracting Officer, COR or designee in no less than 48 hours.

5. SECURITY REQUIREMENTS AND SAFETY:

5.1 SECURITY. The Contractor shall ensure its personnel comply with installation and facility personnel identification and access requirements.

5.2 SAFETY. The Contractor shall ensure its personnel comply with the facility and State safety regulations. Such regulations include, but are not limited to, general safety, fire prevention, and waste disposal.

6. INSTRUMENT/EQUIPMENT REQUIREMENT (OWNED BY CONTRACTOR):

6.1 Contractor shall provide all instruments/equipment necessary to conduct testing as per the Schedule. The instrument/equipment provided will be utilized for VANCHCS Microbiology department at the VASNHCS, VA Southern Nevada Medical Center.

6.2 These instruments, to include any connections between the instruments/equipment, shall be approved by the US Food and Drug Administration (FDA).

6.3 The instruments will be able to correctly identify and perform antimicrobial sensitivities from a pure culture of unknown microbiological organism.

6.4 BioMerieux agrees to updated proprietary software and equipment to meet the requirement in this solicitation over the term of the agreement When necessary to maintain hardware updates, the existing instrument/equipment, associated parts, and accessories must be exchanged by the contractor. All software updates must be coordinated with the COR or designee.

6.5 The bioMeriuex equipment already installed at the VA site will remain during the term of this agreement.

6.6 The VITEK® 2 system utilizes MYLA® bioMerieux Middleware solution which can then connect to VISTA. If connected, the contractor must provide full technical support to ensure that the LIS connectivity is functioning properly All equipment in this solicitation is already installed at the site and will continue to be used during the term of this agreement. In the event that the VA system moves to a new LIS system in the future, bioMerieux can assist in providing the mapping for connectivity/networking, however, bioMerieux is not responsible for the costs incurred by the new LIS system provider.

6.7 The instruments, reagents, and software provided shall comply with the specific requirements listed in this SOW. The instruments and software provided for Automated Microbial Identification and Antimicrobial Susceptibility Testing will not be government owned, and therefore the contractor will be responsible for maintenance and service of the instrumentation and software.

6.8 The data management/quality control software shall be able to generate the following type of reports:

a. Statistical reports - to include positive incidence summary reports, days to detection summary reports, detail reports, positive rate reports, blood culture volume reports, and unconfirmed positive rate reports;

b. Epidemiology reports- to include trending reports, phenotype occurrence reports, phenotype trending reports, susceptibility reports, cumulative by MIC reports, bio-number distribution reports and incidence detail reports; Instrument reports- to include workload reports, load reports, unload reports, and calibration reports.

6.9 Software upgrades. BioMerieux will provide proprietary software updates to ensure the equipment is operating within the requirements of this solicitation.

6.10 The equipment defined in this solicitation is already installed and active at the VA hospital thus not requiring a survey for any space limitations.

6.11 The BioMerieux equipment already installed and should not require additional validation verification (Correlation Studies). In the event the studies are needed, then bioMerieux Field Application Specialist can assist the laboratory personnel but cannot perform studies independently.

7. PREVENTATIVE MAINTENANCE, FAILURES AND REPAIRS:

7.1 The contractor shall provide all personnel, equipment, tools, materials, supervision, parts, transportation, and other items and services necessary to perform all required repairs and scheduled preventive maintenance/safety inspections and calibrations of their equipment. Contractor shall coordinate with the designated point of contact all scheduled maintenance ideally within ten (10) business days prior to performing preventative maintenance services.

7.2 The performance of scheduled periodic preventive maintenance, safety checks, and calibrations that are not normally performed at the operator level will be performed by contractor service personnel in accordance with requirements as specified in the contractor’s instrument maintenance manual. The contractor shall be responsible for furnishing maintenance, services, repairs, and parts as required by manufacturer in order to maintain the system in optimal operating condition.

7.3 The contractor shall provide a full-service plan to include the recommended unscheduled and preventive maintenance service for their instrument/equipment period. Service shall include repair and replacement of defective parts, complete maintenance program (as required by the manufacturer’s maintenance manuals), and hotline telephone service, in order to assist customer in troubleshooting problems.

7.4 Preventive maintenance services shall be performed in accordance with the manufacturer’s standard/procedures. A preventive maintenance service shall include, but is not limited to, safety, calibration, complete operational testing, lubrication, adjustments, and cleaning of equipment to which the operator does not have access. This also includes the installation of all non-operator parts required to ensure proper operation.

7.5 BioMerieux remote diagnostics (VILINK® Powered by SecureLINK® ) can be used and a technical support phone line to address many issues that may arise in the operation of bioMerieux equipment. If the remote diagnostic tools are unable to correct an equipment issue, bioMerieux Repair Service Engineer / technician shall be on-site within 48 hours of initial notification for routine/emergency failures. If the equipment is out of service for longer than 72 hours (from the time of service technician’s arrival on site), the contractor shall notify the government point of contract on duty, in writing, as to the reason(s) (i.e. non-availability of parts, etc.)

7.6 If the equipment cannot be repaired, a replacement instrument shall be provided within seven (7) days.

7.7 Within one (1) business day after completion of a repair, the contractor’s representative shall furnish the Point of Contact (POC) one (1) copy of a service report for all services performed. The service report shall contain, at a minimum, the following information:

a. Nomenclature, date, description of services performed (i.e. preventative maintenance service, or unscheduled repair service)

b. Location of services performed, duration of services performed, list of parts replaced and;

c. Other actions taken to restore operability of the instrument/equipment, name of technician.

**Full report shall be submitted to designated government point of contact**

7.8 Contractor shall notify government of any hazard information before beginning equipment repair and shall comply with the Occupational Safety and Health Administration while performing maintenance on electrical equipment.

8. CUSTOMER SERVICE:

8.1 The Contractor shall provide direct customer service and support, during normal business hours and on-call emergency repair service support, to assist operators in correcting equipment operation problems.

8.2 For Emergency Services and unscheduled services the Contractor’s qualified service technician shall be on-site to provide emergency service (service requiring immediate repair) within 24 hours. The equipment shall be repaired and operational at the minimum of 72 hours after arrival of contractor on site.

8.3 The Contractor shall perform preventive maintenance services (PMS), safety tests, calibrations, and unscheduled repair services in accordance with procedures and practices prescribed by the manufacturer of the equipment. Scheduled routine services shall be performed between 0730-1630 LOCAL Monday-Friday, excluding U.S. Holidays.

8.4 The Contractor shall provide a full unscheduled and preventive maintenance service for the instrument/ equipment owned by contractor. All maintenance and repairs shall be inclusive of all costs for the performance of scheduled periodic maintenance (as required by the Contractor’s instrument maintenance manuals), unscheduled maintenance and repair of the analyzers and any associated equipment provided by the Contractor as part of the analyzer system, including replacement parts, replacement part shipment costs, and service technician travel costs for performance of maintenance services.

8.5 The contractor’s qualified service technician shall be on site to provide routine services; service requiring immediate repair; and scheduled services for preventive maintenance (as specified in the Contractor’s instrument maintenance manual), safety and calibration as required by this statement of work. The equipment shall be repaired and operational within 72 hours after arrival of contractor on site.

8.6 Upon analyzer failure, the Contractor’s qualified service technician shall be on-site to provide unlimited emergency service (service requiring immediate repair; an unscheduled maintenance/service requirement) within 24 hours. The equipment shall be repaired and operational within 72 hours after arrival of contractor on site.

8.7 BioMerieux remote diagnostics (VILINK® Powered by SecureLINK®) can be used and a technical support phone line to address many issues that may arise in the operation of bioMerieux equipment. If the remote diagnostic tools are unable to correct an equipment issue, bioMerieux Repair Service Engineer / technician shall be on-site within 48 hours of initial notification for routine/emergency failures. If the equipment is out of service for longer than 72 hours (from the time of service technician’s arrival on site), the contractor shall notify the government point of contract on duty, in writing, as to the reason(s) (i.e. non-availability of parts, etc.). If the analyzer cannot be repaired within 72 hours after arrival of contractor on site, a replacement analyzer, at no additional cost to the U. S. Government, will be provided within seven (7) days of the initial notification to be utilized by the U.S. Government until the original instrument is fully repaired and accepted for service.

8.8 BioMerieux will reimburse the Hospital up to 110% of the cost of bioMerieux contracted supplies that would have been used to perform the testing on the inoperable bioMerieux equipment.

8.9 The Contractor shall provide all necessary user-replaceable maintenance items that will be required to support the analyzer, and any analyzer specific tools/supplies necessary to perform operator-level periodic maintenance tasks, at no additional cost to the U.S. Government.

9. DELIVERY OF EQUIPMENT

9.1 All bioMerieux equipment in this solicitation is currently installed and operational at the VA Hospital. No additional method verifications testing should be required. In the event there is a need, then bioMerieux will provide up to 1 box each of the cards or bottles to be verified at no cost to complete studies.

9.2 The equipment defined in this solicitation is already installed and active at the VA Southern Nevada Medical Center and should not require any special training nor equipment set-up.

9.3 SAFETY DATA SHEETS (SDS): The contractor shall provide safety data sheets (SDS) for each item delivered under this contract that is considered to be HAZARDOUS MATERIAL. The SDS shall contain information on the hazards associated with each specific chemical or material. The SDS shall contain at a minimum the following information: identification of the specific hazard, the required practice for the safe use of the product, first aid procedures, and what to do in the event of a spill or other mishap or accident.

9.4 Deliveries should be made to: Room 2D352. 6900 N. Pecos Rd, N. Las Vegas, NV 89086.

10. REAGENTS/CONSUMABLES:

10.1 All assays shall be FDA approved and must have a minimum shelf life of six (6) months upon receipt by the Government, or, if this shelf life requirement cannot be met the Contractor shall identify the guaranteed shelf life after receipt that can be accommodated in their response to the Solicitation for Bid.

10.2 The manufacturer will provide the required quality control materials and test reagents and ensure that there is minimal change in lot numbers during the contract year.

10.3 All reagents and quality control material shall be provided by the manufacturer of the equipment; be marked with the required storage temperature and expiration dates; be maintained at the proper storage temperature during transportation from the Contractor’s storage facility to the U.S. Government acceptance site and be delivered on time at the appropriate storage temperature. Preservation and packing - Preservation and packing shall be performed in accordance with the best commercial practices and in such a manner to afford adequate protection against any damage during shipment from source to destination.

10.4 The reagents and quality control material must perform within the manufacturer’s stated/published package inserts. Deliveries of required items will be called in to the Contractor by the designated Contracting Officer’s Representative or designee. Orders will be delivered within five (5) business days of requested date of delivery.

10.5 Emergency orders will be delivered using overnight shipping, or, if this shipping requirement cannot be met, the Contractor shall identify the guaranteed emergency order shipping method that can be accommodated in their response to the Solicitation for Bid.

11. TRAINING:

11.1 The Contractor will provide initial operator training off site to one key operator for major analyzers, and additional on-site training to other Microbiology staff.

11.2 All training manuals/guides, instructional literature, and any other related written/electronic material shall be provided. Training shall include basic operation of the analyzers, troubleshooting procedures, performance of operator-level periodic preventive maintenance procedures, and use of the data management/quality control software.

11.3 Initial Key operator training was provided at the original date of installation. Additional training can be provided on-site at the VA Sacramento medical Center by bioMerieux Field Application Specialist. Also, virtual learning is available due to potential travel restrictions due to the COVID-19 Pandemic.

12. INFORMATION SECURITY CONSIDERATIONS

12.1 Information and information system security/privacy language for inclusion into contracts as appropriate.

12.2 Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

12.3 A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

12.4 All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness responsible for these policies and procedures.

12.5 Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.

12.6 Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.

12.7 The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor’s employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

VA SOUTHERN NEVADA ISSO POC: Freddie Cob

Phone: (702) 791-9000 x 19482 Email address for POC: Freddie.Cobb@va.gov

13. Records Management.

13.1 Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. Chapters. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

13.2 In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

13.3 In accordance with 36 CFR 1222.32, the contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

13.4 The VA Southern Nevada Healthcare System (VASNHS) and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of VASNHS or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701.

13.5 In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, the contractor must report to VASNHS. The agency must report promptly to NARA in accordance with 36 CFR 1230.

13.6 The contractor shall immediately notify the appropriate Contracting Officer (CO) upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the contract documents. The contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to VASNHS control or the contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the CO or address prescribed in the contract documents. Destruction of records is expressly prohibited unless in accordance with Paragraph (4).

13.7 The contractor is required to obtain the CO's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The contractor (and any sub-contractor) is required to abide by Government and VASNHS guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

13.8 The contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with VASNHS policy.

13.9 The contractor shall not create or maintain any records containing any non-public VASNHS information that are not specifically tied to or authorized by the contract.

13.10 The contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the FOIA.

13.11 VASNHS owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which VASNHS shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

13.12 Training. All contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA-provided records management training. The contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

13.13 Flow down of requirements to Subcontractors:

13.14 The contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this contract document, and require written subcontractor acknowledgment of same.

13.15 Violation by a subcontractor of any provision set forth in this clause will be attributed to the contractor.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

0.45% NACL SALINE BAG/CASE

Contract Period: Base POP Begin: 10-01-2021 POP End: 09-30-2022 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets

LOCAL STOCK NUMBER: 21218/21219

Item No.:____________________

0.45% SALINE 1000ml Bottle/CASE

POP Begin: 10-01-2021 POP End: 09-30-2022 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets

LOCAL STOCK NUMBER: V1205

2mm x 75mm POLYSTYRENE TUBES/2000 BOX

POP Begin: 10-01-2021 POP End: 09-30-2022 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets

LOCAL STOCK NUMBER: 69285

ACCESSORY KIT VITK2 PIP/DIL

POP Begin: 10-01-2021 POP End: 09-30-2022 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets

LOCAL STOCK NUMBER: 21219

KIT DENSICHEK PLUS STANDARDS/EACH

POP Begin: 10-01-2021 POP End: 09-30-2022 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets

LOCAL STOCK NUMBER: 21255

GN TEST KIT VTK2 20CARDS

POP Begin: 10-01-2021 POP End: 09-30-2022 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets

LOCAL STOCK NUMBER: 21341

GP TEST KIT VTK2 20CARDS

POP Begin: 10-01-2021 POP End: 09-30-2022 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets

LOCAL STOCK NUMBER: 21342

YST TEST KIT VTK2 20CARDS

POP Begin: 10-01-2021 POP End: 09-30-2022 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets

LOCAL STOCK NUMBER: 21343

NH TEST KIT VTK2 20CARDS

POP Begin: 10-01-2021 POP End: 09-30-2022 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets

LOCAL STOCK NUMBER: 21346

ANC TEST KIT VTK2 20CARDS

POP Begin: 10-01-2021 POP End: 09-30-2022 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets

LOCAL STOCK NUMBER: 21347

AST-GP TEST KIT 20 CARDS

POP Begin: 10-01-2021 POP End: 09-30-2022 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets

LOCAL STOCK NUMBER: VARIOUS

AST-ST02 TEST KIT 20 CARDS

POP Begin: 10-01-2021 POP End: 09-30-2022 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets

LOCAL STOCK NUMBER: 420915

AST-GN TEST KIT 20 CARDS

POP Begin: 10-01-2021 POP End: 09-30-2022 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets

AST-XN TEST KIT 20 CARDS

POP Begin: 10-01-2021 POP End: 09-30-2022 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets

0.45% NACL SALINE BAG/CASE

Contract Period: Option 1 POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets

LOCAL STOCK NUMBER: 21218/21219

0.45% SALINE 1000ml Bottle/CASE

POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets

LOCAL STOCK NUMBER: V1205

2mm x 75mm POLYSTYRENE TUBES/2000 BOX

POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets

LOCAL STOCK NUMBER: 69285

ACCESSORY KIT VITK2 PIP/DIL

POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets

LOCAL STOCK NUMBER: 21219

KIT DENSICHEK PLUS STANDARDS/EACH

POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets

LOCAL STOCK NUMBER: 21255

GN TEST KIT VTK2 20CARDS

POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets

LOCAL STOCK NUMBER: 21341

GP TEST KIT VTK2 20CARDS

POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets

LOCAL STOCK NUMBER: 21342

YST TEST KIT VTK2 20CARDS

POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets

LOCAL STOCK NUMBER: 21343

NH TEST KIT VTK2 20CARDS

POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets

LOCAL STOCK NUMBER: 21346

ANC TEST KIT VTK2 20CARDS

POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets

LOCAL STOCK NUMBER: 21347

AST-GP TEST KIT 20 CARDS

POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets

AST-ST02 TEST KIT 20 CARDS

POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets

LOCAL STOCK NUMBER: 420915

AST-GN TEST KIT 20 CARDS

POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets

AST-XN TEST KIT 20 CARDS

POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets

B.3 DELIVERY SCHEDULE

6900 North Pecos Road Las Vegas, NV 89086

USA

702-791-9000x14298 bernethia.sibert@va.gov

6900 North Pecos Road Las Vegas, NV 89086

USA

702-791-9000x14298 bernethia.sibert@va.gov

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

(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 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…