36C26124Q0659_1.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

36C261-24-AP-1551

459-25-1-105-0004

36C26124Q0659 05-28-2024

Derek Brown 650-849-1904 06-06-2024

2:00PM PDT

Department of Veterans Affairs Network Contracting Office (NCO) 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 Statement of Work

Network Contracting Office (NCO) 21 VA Palo Alto Health Care System (90/NCA) 3801 Miranda Ave Palo Alto CA 94304-1207

FMS-VA-2(101) Financial Services Center

PO Box 149971 Austin TX 78714-9971

See CONTINUATION Page

Contractor shall provide Cepheid specialized reagents, laboratory analyzers with analyzer rental and maintenance support in accordance with the Statement of Work.

Period of Performance:

Ordering Period 1: 10/01/2024 – 09/30/2025 Ordering Period 2: 10/01/2025 – 09/30/2026 Ordering Period 3: 10/01/2026 – 09/30/2027 Ordering Period 4: 10/01/2027 – 09/30/2028 Ordering Period 5: 10/01/2028 – 09/30/2029

RESPONSE IS DUE VIA EMAIL ONLY TO DEREK BROWN AT

DEREK.BROWN7@VA.GOV NLT THAN THE DUE DATE/TIME IN BOX 8.

See CONTINUATION Page

X X

X 1

Mohammed Hussain Contracting Officer

36C26124Q0659

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 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

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 52.216-18 ORDERING (AUG 2020)

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

C.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.6 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.7 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.8 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.9 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023)

C.10 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

C.11 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) . 40

C.12 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

C.13 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2024)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023)

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.4 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

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

E.6 52.216-1 TYPE OF CONTRACT (APR 1984)

E.7 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.8 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

E.9 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.10 VAAR 852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY

ACCESSIBILITY NOTICE (FEB 2023)

E.11 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.12 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

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 Mohammed Hussain

Department of Veterans Affairs

Network Contracting Office (NCO) 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:

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Upon Delivery and Government Acceptance

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.

www.fsc.va.gov/einvoice.asp

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

AMENDMENT NO DATE

VA Pacific Islands Health Care System (VAPIHCS)

CEPHEID GENEXPERT TEST SYSTEMS

Statement of Work

1.0 General. VAPIHCS requires an IDIQ contract on a Cost per Test basis for the reagents and services of a Contractor to provide analyzers, computer/laptop to directly control/operate/program the analyzer if needed, supplies, test kits, applicable accessories, service and annual maintenance for the Cepheid GeneXpert systems placed at the following locations: Ambulatory Care Clinic (ACC) Laboratory (GeneXpert XVI & GeneXpert IV Xpress System) and Faleomavaega Eni Fa’aua’a Hunkin VA clinic lab in American Samoa (GeneXpert IV Xpress System). The reagents/test kits required for testing on the GeneXpert platforms shall be on an Indefinite Delivery Indefinite Quantity Cost Per Test basis to include analyzer lease and basic maintenance/service for the duration of the contract.

2.0 Period of Performance:

Ordering Period 1: October 1, 2024 through September 30, 2025

Ordering Period 2: October 1, 2025 through September 30, 2026

Ordering Period 3: October 1, 2026 through September 30, 2027

Ordering Period 4: October 1, 2027 through September 30, 2028

Ordering Period 5: October 1, 2028 through September 30, 2029

3.0 Place of Performance and Hours of Operation

Services involved shall be accomplished at the VA Pacific Islands Care System located at 459 Patterson Road 1-C11, Ambulatory Care Clinic (ACC) Molecular Laboratory, Honolulu, HI 96819 and the Faleomavaega Eni Fa’aua’a Hunkin VA, Fiatele Teo Army Reserve Building, Pago Pago, AS 96799. The contractor shall provide technical support for the ACC Lab, service 7:00 a.m. to 5:00 p.m. Monday-Friday and annual instrument maintenance and shall be arranged in advance with the VA POC. Service for the analyzer placed in American Samoa will be accomplished at the ACC Lab following shipment receipt of the analyzer from American Samoa. Onsite maintenance service will not be required for analyzers placed in American Samoa. Any additional services outside this scope of work shall be conducted upon receipt of an approved purchase order from the VAPIHCS.

4.0 Points of Contact:

4.1 VA POC – Jodi Liao at (808) 433-7619 or email jodi.liao@va.gov.

4.2 VA POC Alternate: Catherine Ah Yat (808) 433-7618 or email catherine.ahyat@va.gov

5.0 Contracting Officer’s (CO) Responsibilities:

5.1 The CO is the only person authorized to approve changes or modify any of the requirements of this contract. The Contractor shall communicate with the CO on all matters pertaining to contract administration. Only the CO is authorized to make commitments or issue any modification to include (but not limited to) terms affecting price, quantity or quality of performance of this contract.

5.2 The CO shall resolve complaints concerning Contractor relations with the Government employees or patients. The CO is final authority on validating complaints. In the event the Contractor effects any such change at the direction of any person other than the CO without authority, no adjustment shall be made in the contract price to cover an increase in costs incurred as a result thereof.

5.3 In the event that contracted services do not meet quality expectations the best remedy will be implemented, including but not limited to, a targeted and time limited performance improvement plan; increased monitoring of the contracted services; consultation or training for Contractor personnel to be provided by the VA; replacement of the contract personnel and/or renegotiation of the contract terms or termination of the contract.

6.0 Contractor Qualifications: Contractor’s technicians performing services shall be professionally trained and qualified to work on all components of the equipment and the latest revisions of hardware and software as required by the manufacturer. Contractor personnel must be able to provide proof of successful completion of training and certification as requested by the VA POC.

7.0 Contractor Responsibilities:

7.1 Contractor shall provide all analyzers, supplies, test kits, applicable accessories (i.e.

analyzer computer & software, printer, UPS, etc.), service and annual maintenance for the Cepheid GeneXpert test systems.

7.2 System Requirements shall include:

7.2.1 The GeneXpert analyzers (on lease from vendor) are used to perform PCR testing for C.

difficile, MRSA, SARS-CoV-2, Multiplex test cartridge containing SARS-C0V-2/Flu A/Flu

B/RSV,

Streptococcus Group A, Chlamydia trachomatis / Neisseria gonorrhea, Trichomonas vaginalis, and Multiplex Vaginitis Panel. These specific tests are required to be available to run on the

GeneXpert analyzers.

7.2.2 A total of 3 analyzers are required – one (1) GeneXpert XVI and two (2) Xpert Xpress 4 bay analyzers.

7.2.3 Special laboratory conditions which are required with other PCR test systems are not needed with the GeneXpert PCR test.

7.2.4 Testing can be performed in the general laboratory environment. Reliable PCR test results are available within 1 - 2 hours.

7.2.5 Analyzer shall be able to connect with Data Innovations middleware for data/result transmission into VistA. Note: analyzer will not connect directly to VistA for data/result transmission.

7.2.6 Access to a technical support hotline via phone call shall be available to the Government during normal business hours of Monday thru Friday 7:30 a.m. to 4:30 p.m.

for basic troubleshooting assistance.

7.2.7 In the event the technical support hotline identifies an issue requiring onsite repair, the Contractor shall send a service engineer to the laboratory within 24-48 hours or next business day.

7.2.8 Upgrades: The Contractor shall provide upgrades to both the equipment hardware and software in order to maintain the integrity of the system and the state-of-the-art technology, at no additional charge to the Government. These shall be provided as they become commercially available and at the same time as they are being provided to commercial customers. This requirement only applies to “system upgrades” that enhance the model of equipment being offered (e.g. new version software, upgrade to replace model of equipment no longer Contractor supported, etc.).

9.0 Identification, Parking, Smoking and VA Regulations

9.1 Contractor personnel performing work onsite at the VAPIHCS facility shall wear visible identification at all times while on the premises of VAPIHCS. All personnel entering the VA facility may have to consent to inspection of all categories of packages as a condition of admittance.

9.2 It is the responsibility of contractor personnel to park in the appropriate designated parking areas. VA will not invalidate or make reimbursement for parking violations under any conditions.

9.3 Smoking is prohibited in any VAPIHCS building and the surrounding grounds, including the parking lots. Smoking is permitted only in a designated shelter.

9.4 Intoxication, debilitation resulting from drug use, insubordination, theft, patient abuse, dereliction, or negligence in performing directed tasks and possession of weapons is prohibited and grounds for immediate removal from VAPIHCS by VA Security and/or the Tripler Army Medical Center Provost Marshall Office (PMO). All personnel entering the facility may have to consent to inspection of all categories of packages as a condition of admittance.

9.5 Violations of VA Regulations may result in a citation answerable in the U.S. Federal District Court.

B.2 PRICE/COST SCHEDULE

This is an Indefinite Delivery Indefinite Quantity (IDIQ) contract. Accordingly, all quantities in the price schedule are estimates and are not a guarantee. Funds are obligated via delivery orders issued against this IDIQ. Orders may be placed against this IDIQ during its 5-year period.

The guaranteed minimum award amount for this contract is $500.00. The maximum aggregate value of orders that can be placed under this contract is $700,000.00. The Government does not guarantee that it will place any orders under this contract in excess of the guaranteed minimum award amount.

This is not an option year contract. The period of performance for this IDIQ is Date of Award through five (5) years. There are five one-year ordering periods.

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVIC

ES

QUANTIT

Y

UNI

T UNIT PRICE AMOUNT

12.00 MO ________________

Analyzer RENTAL for one (1) Cepheid GeneXpert XVI analyzer, 16 Testing Site System w/6 Color Modules, Desktop Computer & Dx Software, Dx Base Period of Performance:

10/1/24 - 9/30/25 Contract Period: Ordering Period 1 POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets

MANUFACTURER PART NUMBER (MPN): GXXVI-16-D

Analyzer SERVICE for one (1) Cepheid GeneXpert XVI analyzer Base Period of Performance: 10/1/24 - 9/30/25 Contract Period: Ordering Period 1 POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic

Analyzer RENTAL for two (2) Cepheid GeneXpert IV Xpress System, 4 testing site Base Period of Performance: 10/1/24 - 9/30/25 Contract Period: Ordering Period 1 POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic

MANUFACTURER PART NUMBER (MPN): GXIV-4-CLIA

Analyzer SERVICE for two (2) Cepheid GeneXpert IV Xpress System, 4 testing site Base Period of Performance: 10/1/24 - 9/30/25 Contract Period: Ordering Period 1 POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic

3.00 KT ________________

Kit, CDIFF/EPI,GX,IVD, 10-TEST (GXCDIFF/EPI-10) Contract Period: Ordering Period 1 POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic

MANUFACTURER PART NUMBER (MPN): GXCDIFF/EPI-10

20.00 KT ________________

Kit, 10-EST, MRSA, NXG, IVD,GX (GXMRSA-NXG-10) Contract Period: Ordering Period 1 POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic

Substances, Reagents, Test Kits and Sets

MANUFACTURER PART NUMBER (MPN): GXMRSA-NXG-

10.00 KT ________________

Kit, XPRESS, COV-2/FLU/RSV PLUS, 10 TEST

(XPRS4PLEX-10)

Contract Period: Ordering Period 1 POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic

MANUFACTURER PART NUMBER (MPN): XPRS4PLEX

Kit, XPRESS, SARS-COV-2, 10-TEST (XP3SARS-COV2-10) Contract Period: Ordering Period 1 POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets

MANUFACTURER PART NUMBER (MPN): XP3SARS-COV2-

15.00 KT ________________

Kit, XPRESS, STREPA, US-IVD, 10-TEST (XPRSTREPA-10) Contract Period: Ordering Period 1 POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic

MANUFACTURER PART NUMBER (MPN): XPRSTREPA-10

Kit, CT/NG, GX, IVD (GXCT/NG-10) Contract Period:

Ordering Period 1 POP Begin: 10-01-2024

POP End: 09-30-2025 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic

MANUFACTURER PART NUMBER (MPN): GXCT/NG-10

Kit, XPRESS, MVP, US-IVD, 10-TEST (XPRSMVP-10) Contract Period: Ordering Period 1 POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic

MANUFACTURER PART NUMBER (MPN): XPRSMVP-10

5.00 KT ________________

Kit, XPRESS, COV-2/FLU/RSV PLUS, 10 TEST (XP3COV2/FLU/RSV-10) (*EUA) Contract Period: Ordering Period 1 POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets

MANUFACTURER PART NUMBER (MPN):

XP3COV2/FLU/RSV-10

1.00 KT ________________

Kit, XPERT TV_US, 10-TEST (GXTV-10) Contract Period:

Ordering Period 1 POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic

MANUFACTURER PART NUMBER (MPN): GXTV-10

3.00 EA ________________

Printer, Black and White, incl. USB cable Contract Period:

Ordering Period 1 POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic

MANUFACTURER PART NUMBER (MPN): PRINTER-BW

Uninterruptible Power Supply (UPS) Contract Period:

Ordering Period 1 POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic

MANUFACTURER PART NUMBER (MPN): 850-0386

Analyzer RENTAL for one (1) Cepheid GeneXpert XVI analyzer, 16 Testing Site System w/6 Color Modules, Desktop Computer & Dx Software, Dx Base Period of Performance:

10/1/24 - 9/30/25 Contract Period: Ordering Period 2 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic

Analyzer SERVICE for one (1) Cepheid GeneXpert XVI analyzer Base Period of Performance: 10/1/24 - 9/30/25 Contract Period: Ordering Period 2 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic

Analyzer RENTAL for two (2) Cepheid GeneXpert IV Xpress System, 4 testing site Base Period of Performance: 10/1/24 - 9/30/25 Contract Period: Ordering Period 2 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic

Analyzer SERVICE for two (2) Cepheid GeneXpert IV Xpress System, 4 testing site Base Period of Performance: 10/1/24 - 9/30/25 Contract Period: Ordering Period 2 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic

Kit, CDIFF/EPI,GX,IVD, 10-TEST (GXCDIFF/EPI-10) Contract Period: Ordering Period 2 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic

Kit, 10-EST, MRSA, NXG, IVD,GX (GXMRSA-NXG-10) Contract Period: Ordering Period 2 POP Begin: 10-01-2025 POP End: 09-30-2026

PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets

Kit, XPRESS, COV-2/FLU/RSV PLUS, 10 TEST (XPRS4PLEX-10) Contract Period: Ordering Period 2 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic

Kit, XPRESS, SARS-COV-2, 10-TEST (XP3SARS-COV2-10) Contract Period: Ordering Period 2 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets

Kit, XPRESS, STREPA, US-IVD, 10-TEST (XPRSTREPA-10) Contract Period: Ordering Period 2 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic

Kit, CT/NG, GX, IVD (GXCT/NG-10) Contract Period:

Ordering Period 2 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic

Kit, XPRESS, MVP, US-IVD, 10-TEST (XPRSMVP-10) Contract Period: Ordering Period 2 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic

Kit, XPRESS, COV-2/FLU/RSV PLUS, 10 TEST (XP3COV2/FLU/RSV-10) (*EUA) Contract Period: Ordering Period 2 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets

Kit, XPERT TV_US, 10-TEST (GXTV-10) Contract Period:

Ordering Period 2 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic

Printer, Black and White, incl. USB cable Contract Period:

Ordering Period 2 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic

Uninterruptible Power Supply (UPS) Contract Period:

Ordering Period 2 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic

Analyzer RENTAL for one (1) Cepheid GeneXpert XVI analyzer, 16 Testing Site System w/6 Color Modules, Desktop Computer & Dx Software, Dx Base Period of Performance:

10/1/24 - 9/30/25 Contract Period: Ordering Period 3 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic

Analyzer SERVICE for one (1) Cepheid GeneXpert XVI analyzer Base Period of Performance: 10/1/24 - 9/30/25 Contract Period: Ordering Period 3 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing

Analyzer RENTAL for two (2) Cepheid GeneXpert IV Xpress System, 4 testing site Base Period of Performance: 10/1/24 - 9/30/25 Contract Period: Ordering Period 3 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic

Analyzer SERVICE for two (2) Cepheid GeneXpert IV Xpress System, 4 testing site Base Period of Performance: 10/1/24 - 9/30/25 Contract Period: Ordering Period 3 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic

Kit, CDIFF/EPI,GX,IVD, 10-TEST (GXCDIFF/EPI-10) Contract Period: Ordering Period 3 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic

Kit, 10-EST, MRSA, NXG, IVD,GX (GXMRSA-NXG-10) Contract Period: Ordering Period 3

POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets

Kit, XPRESS, COV-2/FLU/RSV PLUS, 10 TEST (XPRS4PLEX-10) Contract Period: Ordering Period 3 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic

Kit, XPRESS, SARS-COV-2, 10-TEST (XP3SARS-COV2-10) Contract Period: Ordering Period 3 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets

Kit, XPRESS, STREPA, US-IVD, 10-TEST (XPRSTREPA-10) Contract Period: Ordering Period 3 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic

20.00 KT ________________ ________________

Kit, CT/NG, GX, IVD (GXCT/NG-10) Contract Period:

Ordering Period 3 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic

Kit, XPRESS, MVP, US-IVD, 10-TEST (XPRSMVP-10) Contract Period: Ordering Period 3 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic

Kit, XPRESS, COV-2/FLU/RSV PLUS, 10 TEST (XP3COV2/FLU/RSV-10) (*EUA) Contract Period: Ordering Period 3 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets

Kit, XPERT TV_US, 10-TEST (GXTV-10) Contract Period:

Ordering Period 3 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic

Printer, Black and White, incl. USB cable Contract Period:

Ordering Period 3 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic

Uninterruptible Power Supply (UPS) Contract Period:

Ordering Period 3 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic

Analyzer RENTAL for one (1) Cepheid GeneXpert XVI analyzer, 16 Testing Site System w/6 Color Modules, Desktop Computer & Dx Software, Dx Base Period of Performance:

10/1/24 - 9/30/25 Contract Period: Ordering Period 4 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic

Analyzer SERVICE for one (1) Cepheid GeneXpert XVI analyzer Base Period of Performance: 10/1/24 - 9/30/25 Contract Period: Ordering Period 4 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic

Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic

Analyzer RENTAL for two (2) Cepheid GeneXpert IV Xpress System, 4 testing site Base Period of Performance: 10/1/24 - 9/30/25 Contract Period: Ordering Period 4 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic

Analyzer SERVICE for two (2) Cepheid GeneXpert IV Xpress System, 4 testing site Base Period of Performance: 10/1/24 - 9/30/25 Contract Period: Ordering Period 4 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic

Kit, CDIFF/EPI,GX,IVD, 10-TEST (GXCDIFF/EPI-10) Contract Period: Ordering Period 4 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic

Kit, 10-EST, MRSA, NXG, IVD,GX (GXMRSA-NXG-10) Contract Period: Ordering Period 4 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets

Kit, XPRESS, COV-2/FLU/RSV PLUS, 10 TEST (XPRS4PLEX-10) Contract Period: Ordering Period 4 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic

Kit, XPRESS, SARS-COV-2, 10-TEST (XP3SARS-COV2-10) Contract Period: Ordering Period 4 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets

Kit, XPRESS, STREPA, US-IVD, 10-TEST (XPRSTREPA-10) Contract Period: Ordering Period 4 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic

Kit, CT/NG, GX, IVD (GXCT/NG-10) Contract Period:

Ordering Period 4 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic

Kit, XPRESS, MVP, US-IVD, 10-TEST (XPRSMVP-10) Contract Period: Ordering Period 4 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic

Kit, XPRESS, COV-2/FLU/RSV PLUS, 10 TEST (XP3COV2/FLU/RSV-10) (*EUA) Contract Period: Ordering Period 4 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets

Kit, XPERT TV_US, 10-TEST (GXTV-10) Contract Period:

Ordering Period 4 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing

Printer, Black and White, incl. USB cable Contract Period:

Ordering Period 4 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic

Uninterruptible Power Supply (UPS) Contract Period:

Ordering Period 4 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic

Analyzer RENTAL for one (1) Cepheid GeneXpert XVI analyzer, 16 Testing Site System w/6 Color Modules, Desktop Computer & Dx Software, Dx Base Period of Performance:

10/1/24 - 9/30/25 Contract Period: Ordering Period 5 POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic

Analyzer SERVICE for one (1) Cepheid GeneXpert XVI analyzer Base Period of Performance: 10/1/24 - 9/30/25 Contract Period: Ordering Period 5 POP Begin: 10-01-2028 POP End: 09-30-2029

PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic

Analyzer RENTAL for two (2) Cepheid GeneXpert IV Xpress System, 4 testing site Base Period of Performance: 10/1/24 - 9/30/25 Contract Period: Ordering Period 5 POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic

Analyzer SERVICE for two (2) Cepheid GeneXpert IV Xpress System, 4 testing site Base Period of Performance: 10/1/24 - 9/30/25 Contract Period: Ordering Period 5 POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic

Kit, CDIFF/EPI,GX,IVD, 10-TEST (GXCDIFF/EPI-10) Contract Period: Ordering Period 5 POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic

Kit, 10-EST, MRSA, NXG, IVD,GX (GXMRSA-NXG-10) Contract Period: Ordering Period 5 POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets

Kit, XPRESS, COV-2/FLU/RSV PLUS, 10 TEST (XPRS4PLEX-10) Contract Period: Ordering Period 5 POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic

Kit, XPRESS, SARS-COV-2, 10-TEST (XP3SARS-COV2-10) Contract Period: Ordering Period 5 POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets

Kit, XPRESS, STREPA, US-IVD, 10-TEST (XPRSTREPA-10) Contract Period: Ordering Period 5 POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic

Kit, CT/NG, GX, IVD (GXCT/NG-10) Contract Period:

Ordering Period 5 POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic

Kit, XPRESS, MVP, US-IVD, 10-TEST (XPRSMVP-10) Contract Period: Ordering Period 5 POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic

Kit, XPRESS, COV-2/FLU/RSV PLUS, 10 TEST (XP3COV2/FLU/RSV-10) (*EUA) Contract Period: Ordering Period 5 POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic Substances, Reagents, Test Kits and Sets

Kit, XPERT TV_US, 10-TEST (GXTV-10) Contract Period:

Ordering Period 5 POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing

Printer, Black and White, incl. USB cable Contract Period:

Ordering Period 5 POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic

Uninterruptible Power Supply (UPS) Contract Period:

Ordering Period 5 POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6550 - In Vitro Diagnostic

GRAND TOTAL ________________

B.3 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

0001-

SHIP TO: See Statement of Work ALL 10/1/2024 - 9/30/2025

MARK FOR: Jodi Liao

(808) 433-7619 jodi.liao@va.gov

1001-

SHIP TO: See Statement of Work ALL 10/1/2025 - 9/30/2026

MARK FOR: Jodi Liao

2001-

SHIP TO: See Statement of Work ALL 10/1/2026 - 9/30/2027

MARK FOR: Jodi Liao

3001-

SHIP TO: See Statement of Work ALL 10/1/2027 - 9/30/2028

MARK FOR: Jodi Liao

4001-

SHIP TO: See Statement of Work ALL 10/1/2028 - 9/30/2029

MARK FOR: Jodi Liao

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…