36C26322Q0335.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

3/16/2022

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 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

36C263-21-AP-2846

36C26322Q0335

Joshua.Imdacha 3193397017 04/06/2022

4PM CST

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

1303 5th St, Suite 300 Coralville IA 52241

X

325413

1250 Employees

N/A

X

DEPT OF VETERANS AFFAIRS

MINNEAPOLIS HEALTHCARE SYSTEM

ONE VETERANS DR

MINNEAPOLIS MN 55417

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

1303 5th St, Suite 300 Coralville IA 52241

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971

X

See CONTINUATION Page

SINGLE AWARD IDIQ FOR Drugs Of Abuse Chemistry Analyzer &

CPT/CPRR FOR VISN 23 VAHCS

SEE STATEMENT OF WORK FOR DETAILS

This solicitation is being conducted by the VISN 23 Contracting office for the Minneapolis MN VA Health Care System.

THIS IS A LPTA EVALUATION

UNRESTRICTED SOLICITATION

ALL QUESTIONS NEED TO BE SUBMITTED 72 HOURS BEFORE RFQ

CLOSE TO BE CONSIDERED.

EMAIL ALL QUESTIONS TO JOSHUA.IMDACHA@VA.GOV &

HARRYGRAMBOIII@VA.GOV

SIGN SF1449 AND RETURN ALL PAGES WITH OFFER SUBMISSION

ALL RESPONSES MUST INCLUDE A COMPLETED ATTACHMENT 1 -

36C26322Q0335 LineItems & ALL REQUIRED DESCRIPTIVE

LITERATURE NEEDED TO EVALUATE

See CONTINUATION Page N/A

X X

X 1

JOSHUA IMDACHA

36C26322Q0335

Table of Contents

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 Statement Of Work

B.3 ITEM SCHEDULE

SECTION C - CONTRACT CLAUSES

C.1 52.216-18 ORDERING (AUG 2020)

C.2 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.3 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.4 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR

1984)

C.5 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.6 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.7 VAAR 852.212-72 GRAY MARKET AND COUNTERFEIT ITEMS (MAR 2020)

C.8 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 17

C.9 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JAN 2022)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (NOV 2021)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.4 52.212-2 EVALUATION—COMMERCIAL ITEMS (JAN 1999)

E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (FEB 2021) (JUL 2020) (DEVIATION)

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

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

E.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

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 36C263

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

1303 5th St, Suite 300 Coralville IA 52241

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

[X] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] UPON 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.

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:

AMENDMENT NO DATE

B.2 Statement Of Work

STATEMENT OF WORK

Drugs of Abuse Chemistry Analyzer

1. BASIC REQUIREMENT:

The Minneapolis VA Health Care System, hereinafter referred to as the MVAHCS, is the sole national provider of pre-employment and random employee drug testing for all VA Hospitals and their affiliated CBOCs. The Forensic Toxicology Laboratory within the Pathology and Laboratory Medicine Service at the MVAHCS is certified by Department of Health and Human Services, Substance Abuse and Mental Health Services Administration, hereinafter referred to as HHS SAMHSA, to conduct the Federal Workplace Urine Drugs of Abuse Testing Program for all the VA hospitals and their affiliated CBOCs. The MVAHCS Forensic Toxicology Laboratory in the Pathology and Laboratory Medicine Service meets the mandatory guidelines for Federal Workplace Drug Testing Program.

The MVAHCS Pathology and Laboratory Medicine Service is requesting a “cost per test” or “cost per reportable result” contract agreement for one base year, with four option periods, to be awarded early 2022. The current contract expires November 7th, 2022. The laboratory is requesting this new contract agreement to be awarded early 2022 to allow sufficient time for site preparation, installation, validation, interfacing, procedure development and staff training. Instrument(s) relocation from validation to permanent location is also requested. It is critical there is no lapse in the Workplace Urine Drugs of Abuse Testing Program so the Forensic Toxicology Laboratory can continue to support the mission of the VA. Any disruption in service will result in national delays in the Human Resources hiring process and drugs of abuse testing. The pricing of the contract agreement must include the following: “cost per test” or “cost per reportable result”, monthly lease of two analyzers, installation, validation, training, interface (or rewriting of any crucial interfaces) to the MVAHCS lab package in VISTA and/or ChemWare Horizon LIMS, reagents, calibrators, controls, consumables, preventative maintenance, service (including parts, labor and travel), and all shipping costs during the term of the agreement.

The analyzers must be new, fully automated, random-access, and have continuous loading capability.

The analyzers must be compatible with our interface, ChemWare Horizon software system. The analyzers must be a fully open system, in which reagents from other manufacturers can be utilized for the analysis of Drugs of Abuse and Validity Testing. The analyzer must have the capacity to store all reagents listed below, on-board, simultaneously.

All reagents and consumables must meet our defined technical criteria and all mandatory regulations and guidelines within HHS SAMSHA and the Federal Workplace Urine Drugs of Abuse Testing Program (www.samhsa.gov/workplace/resources). Listed below are the current drugs of abuse and validity reagents tested at the MVAHCS. This list is subject to change. These reagents must meet the evaluation criteria below, and may be purchased from a third-party vendor, if decided upon by the MVAHCS.

Reagents required to perform the Urine Drugs of Abuse and Validity testing:

• Amphetamines/ Methamphetamine (AMP/MAMP)

• Cocaine Metabolites (BZE)

• Opiates (Morphine/Codeine) (MC)

• Cannabinoid Metabolite (THCA)

• Phencyclidine (PCP)

• Ecstasy (MDA/MDMA)

• Oxycodone/Oxymorphone (OO)

• Hydrocodone/Hydromorphone (HH)

• Heroin Metabolite (6-acetylmorphine) (6AM)

• Urine pH Validity

• Urine Nitrite Validity

• Urine Creatinine Validity (must have capability to accurately analyze urine creatinine below 1.0 mg/dL)

2. Schedule of Items / Salient Characteristics / Evaluation Criteria:

The quantities listed in the “Schedule of Items” are estimated tests per year. MVAHCS attempts to be as accurate as possible when providing estimated quantities, however, actual quantities required may vary from quantities as listed. All products will be requested on an “on demand, as needed” basis. Delivery orders will be placed via telephone or FAX by authorized VA Medical Center Laboratory personnel throughout the contract period.

2.A. Schedule of Items:

• Amphetamines/ Methamphetamine (AMP/MAMP) 50,000

• Cocaine Metabolites (BZE) 50,000

• Opiates (Morphine/Codeine) (MC) 50,000

• Cannabinoid Metabolite (THCA) 50,000

• Phencyclidine (PCP) 50,000

• Ecstasy (MDA/MDMA) 50,000

• Oxycodone/Oxymorphone (OO) 50,000

• Hydrocodone/Hydromorphone (HH) 50,000

• Heroin Metabolite (6-acetylmorphine) (6AM) 50,000

• Urine pH Validity 50,000

• Urine Nitrite Validity 50,000

• Urine Creatinine Validity 50,000

2.B. Salient Characteristics

The MVAHCS is requesting a proposal for two analyzers capable of performing Drugs of Abuse Testing and Validity Testing, which must be a fully automated, random-access, chemistry analyzer system with continuous loading capability. The analyzers also must be a fully open system in which reagents from other manufacturers can be utilized for the analysis of Drugs of Abuse and Validity testing. All reagents and consumables must meet all defined technical criteria and mandatory regulations and guidelines within HHS SAMSHA and the Federal Workplace Drug Testing Program. These reagents must meet the evaluation criteria below, and may be purchased from a third-party vendor, if decided upon by the MVAHCS. All items are to be shipped FOB Destination. The instrumentation shall perform all analysis for the required tests with precision as defined by the 1988 Clinical Laboratory Improvement Act (CLIA) (www.cms.gov/Regulations-and- Guidance/Legislation/CLIA/CLIA_Regulations_and_Federal_Register_Documents) and the National Committee for Clinical Laboratory Standards (NCCLS) (https://clsi.org/) . The proposal provided must include the following:

Methodology:

• Immunoassay for Urine Drugs of Abuse

• Colorimetry

• Nitrite assay shall be based on Griess test method

Analytical Principle:

• Spectrophotometry

Analytical Types:

• Endpoint

• Rate

• Fixed Point

Instrument:

• Fully automated, random access, continuous loading capabilities

• Fully open system which has the capability to utilize multiple reagents from different manufacturers and have an extensive testing menu.

• Minimum loading capacity of 70 samples

• Throughput should be at least 250, but no more than 500, photometric tests/hour

• On board refrigerated reagent storage

• Barcode reading capabilities for reagents and samples

• Test requisition shall be either individual or profile

• Printers must be provided with the instrument

• Accept 5 to 10 ml tubes and 2 ml sample cups

• Maintenance shall be minimal

• STAT testing capabilities

Desired Instrument Dimensions Not to Exceed:

• 58” x 48” x 30” (W x H x D)

Electrical Requirements:

http://www.cms.gov/Regulations-and-Guidance/Legislation/CLIA/CLIA_Regulations_and_Federal_Register_Documents http://www.cms.gov/Regulations-and-Guidance/Legislation/CLIA/CLIA_Regulations_and_Federal_Register_Documents https://clsi.org/

• Vendor provides UPS or surge protector if the system requires it.

• Vendor must ensure compatible electrical power with the VAMC 110V outlets in the laboratory.

Reagents and Test Menu:

• All assays must be FDA approved.

• Priority is given to analyzers with written applications for the analyzer

• Must have the ability to analyze the following urine Drugs of Abuse and urine validity chemistry assays:

o Amphetamines/ Methamphetamine (AMP/MAMP) o Cocaine Metabolites (BZE) o Opiates (Morphine/Codeine) (MC) o Cannabinoid Metabolite (THCA) o Phencyclidine (PCP) o Ecstasy (MDA/MDMA) o Oxycodone/Oxymorphone (OO) o Hydrocodone/Hydromorphone (HH) o Heroin Metabolite (6-acetylmorphine) (6AM) o Urine pH Validity o Urine Nitrite Validity o Urine Creatinine Validity (must have capability to accurately analyze urine creatinine below 1.0 mg/dL)

Sample Type:

• Urine and Serum

Water Type:

• Deionized Type II

• Direct plumbing water source

Software.

• Software must have reagent inventory capabilities.

• Bi-directional host interface, host query capabilities, utilizing Data Innovations and the

Chemware Horizon computer system (Current Version 12.9 but subject to change based of Chemware software upgrades)

• The computer operating system must be Windows 10 or higher

Technical Support

• Technical support available 24 hours a day, 7 days a week.

• Contractor shall provide instrument service including parts, labor, and travel for each year of the contract

• On-site service must be provided during normal business hours Mon-Fri, following determination that site service is required.

Validation and Training

• Contractor shall provide installation and validation of the instrument including labor and travel

• Contractor shall provide training for 2 key operators per instrument. This shall include training on the operation of the system, maintenance, data manipulation, and basic troubleshooting and repair

• Contractor shall assist with the performance of all validation studies: precision, method comparison with current instrumentation, accuracy (recovery), linearity (reportable range), calibration verification, and determination of sensitivity and specificity. The contractor shall perform all statistical analysis and report data in an organized, clearly comprehensible format.

Safety

• MSDS provided

• Hazardous waste information and waste stream analysis at installation to be provided by the vendor.

2.C. Analytical Reagent Assay Evaluation Criteria

3. EQUIPMENT RENTAL:

Two new analyzers shall be provided under this “cost per test” or “cost per reportable result” contract.

All new equipment will be shipped within 30 days of receipt of award. All costs shall be figured into the “cost per test” or “cost per reportable result”. Contractor shall retain ownership of the equipment.

Upon termination of the contract, the MVAHCS Biomedical department will remove the hard drive and terminate it according to policies and procedures. The actual analyzers will be the contractor’s responsibility to dismantle, decontaminate, and remove from MVAHCS premises. All costs for removal and return to contractor shall be borne by the contractor. Due to space constraints, analyzers will require moving, once. They will be in a temporary location for validation, and need to be moved to a

Minimum method performance criteria to be met for each assay Assay Cutoff/AMR QC required Calibrator availability Cross reactivity requirement Urine creatinine validity LOQ <1 prefered, 1.0-200.0 mg/dL 2, 20 mg/dl Urine pH validity pH 3 - 12 4, 11 Urine nitrites validity 80 - 400 0, 500 ug/mL Morphine/Codeine (MC) 2000 ng/ml ±25 % of cut off at cut off 80% cross reactivity for metabolite Hydrocodone/Hdromorphone (HH) 100 ±25 % of cut off at cut off 80% cross reactivity for metabolite Oxycodone/oxymorphone (OO) 100 ±25 % of cut off at cut off 80% cross reactivity for metabolite Phencyclidine (PCP) 25 ±25 % of cut off at cut off Cannabinoid metabolite (THCA) 50 ±25 % of cut off at cut off Heroin metabolite (6AM) 10 ±25 % of cut off at cut off Amphetamine/Methamphetamine (AMP/MAMP) 500 ±25 % of cut off at cut off 80% cross reactivity for metabolite Ecstacy (MDMA/MDA) 500 ±25 % of cut off at cut off 80% cross reactivity for metabolite Cocaine metabolite (BZE) 150 ±25 % of cut off at cut off

Preference will be given to vendor FDA approved reagents on platform. Third party reagents compatible with defined parameters for the platform are acceptable and prefered over user defined assays

In addition. All assays (including any 3rd party reagents) will have to successfully validate per NLCP and HHS requirements for urine federal workplace drug testing.

permanent location when they are put into production. Vendor will be responsible for moving equipment for this one time move, at not cost to the Government.

4. EQUIPMENT MAINTENANCE:

Contractor agrees to maintain the equipment in good working condition and will repair or replace any defects in the equipment during the contract period (including parts, labor, and travel) .

A. Maintenance/Service Calls: Equipment maintenance and repair service for the analyzers must be available. A technical assistance center must be available by hotline 24 hours a day, 7 days per week. When required, on-site service must be provided during normal business hours Mon- Fri, following determination that site service is required.

B. Preventive Maintenance: Contractor will provide scheduled preventive maintenance service calls as required by manufacturer’s recommended PM schedule, and will work with MVAHCS laboratory staff to schedule at a time that works for both parties.

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

D. Minneapolis Laboratories uses Data Innovations as the universal interface and the ChemWare Horizon software system. The vendor is responsible for providing all components required for the installation, implementation, and operation of the interface right up to the universal interface box. If there are any software upgrades in the instrument during its life, the vendor is responsible for seeing that the interface can accommodate any changes in the data stream going to the VA's computerized patient record system.

E. In addition, the vendor shall include all ancillary components that are customarily sold or provided with the model of equipment proposed, e.g., starter kits, tables/stands, etc. The vendor shall provide a procedure manual formatted in accordance with current, approved NCCLS guidelines (GP2-A2 or GP2-A3).

5. ORDERING PROCEDURES:

All new equipment will be shipped within 30 days of receipt of award. Reagents and supplies will be shipped within five days after receipt of an order. The contractor will make arrangements with the MVAHCS for installation of equipment and training of key equipment operators. Installation of equipment and training will be scheduled as soon as possible after receipt of equipment at the

VA facility. Orders may be placed via fax, email, or telephonically on an on-demand, as needed basis, by MVAHCS Laboratory personnel.

The contractor shall provide the following information in order to expedite orders:

Preferred Method of ordering:

Telephone number:

Fax number:

Email address:

Point of contact name, email address, and phone number:

6. DELIVERIES:

All supplies shall be delivered FOB Destination to MVAHCS and shall arrive within 5 calendar days after receipt of an order.

All deliveries shall be accompanied by a delivery ticket or packing slip which shall contain: the vendors name, purchase order number, date of order, date of delivery, and an itemized list of products furnished including product description, stock number, and quantity shipped. Failure to produce this will cause there to be nonpayment for shipped items.

Deliveries shall be made to: VA Medical Center, Bldg 70 Warehouse (90D), PO#________ One Veterans Drive Minneapolis, MN 55417

Delivery times: Between 8:00 am and 3:30pm Monday-Friday, except Federal Holidays

7. PRODUCT QUALITY AND QUALITY CONTROL

All products offered to the MVAHCS must be of the same consistent high quality as would be offered to the general commercial public in the United States.

A. All products purchased are subject to acceptance by the MVAHCS, Pathology and Laboratory Medicine Service. Products that fail to meet Quality Control criteria of the Laboratory will not be accepted. Products will be rejected and may be discarded if found unsatisfactory by the Laboratory's Quality Control when they are received, or later if deterioration of the product occurs before the outdate. MVAHCS will not be financially liable for unacceptable materials.

B. No product substitutions will be accepted without having prior written approval of the MVAHCS and the Contracting Officer or his/her designee.

C. All defective or inferior products must be replaced within 48 hours at no cost to the VA Medical Center.

D. The MVAHCS, Pathology and Laboratory Medicine Service is not required to return unacceptable product but may do so in the rare case where a limited number of items may be returned to solve a quality control problem.

E. The Contractor will immediately notify the Contracting Officer of any recalls of product or other important safety issues. As appropriate, the Contractor will replace and/or reimburse recalled/defective products at no cost to the government. The Contractor may be liable for costs of processing recalls, i.e. administrative and clinical services to replace recalled/defective products.

8. ROTATION OF STOCK:

To assure rotation of stock at the distributor, each lot of a product received must have an out date the same or later than the lot previously received. Only one lot of any item may be shipped per delivery, unless part is the “old” lot previously received and part is the “new” lot which will be shipped the next delivery.

9. LOT NUMBERS:

The term “lot”, as applies to this contract, is defined as being dispensed from a common reservoir (i.e.

plates or tubes are of the same lot only if they were poured from the same reservoir after all ingredients were added). Contractor shall not change lot number without first notifying the Minneapolis VA Healthcare System Laboratory.

10. All products must be received in the Laboratory with at least 2/3 of the shelf life remaining.

The manufacturer/distributor will provide and update when necessary, a shelf life list (time from production to outdate) for each product purchased.

11. SDS, HAZARDOUS MATERIALS and WASTE STREAM ANALYSIS:

The contractor shall provide MVAHCS, Pathology and Laboratory Medicine Service, with a listing of the vendor’s products used with the analyzer(s) that are considered hazardous. The listing should also include a determination as to what can be considered harmless to be disposed of by normal methods, such as disposing in the sink or disposing in the trash and what has to be specially handled for disposal and how it is handled.

The contractor is required to provide a list identifying any "hazardous materials" that may be provided as a part of this contract that are defined as hazardous under the latest version of Federal Standard No.

313. Material Safety Data Sheets (MSDS) shall be submitted for all products.

Contractor shall provide a complete chemical analysis of waste, to include mercury Na azides, carcinogens, reproductive toxins, acute toxins and all other waste that may be considered ignitable, corrosive, reactive or toxic. Contractor will also be required to provide additional subsequent waste analysis studies in the case of any new test or new test formation introductions. Documentation of all analysis will be provided to the VA Contracting Officer for review by the VISN-23 Green Environmental Management Systems (GEMS) Coordinator prior to contract award or introduction of new product after award

B.3 ITEM SCHEDULE

The Department of Veterans Affairs has set the ceiling limitation for this IDIQ at $1,500,000.00 for the lifetime of this contract. The total of all orders placed against this IDIQ will not exceed this ceiling of $1,500,000.00

The guaranteed minimum value of this contract shall be $10,000.00.

PLEASE COMPLETE ATTACHMENT 1 - 36C26322Q0335 LineItems

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES

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

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

C.1 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the effective date of the contract through 5 years and 6 months after award.

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

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

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

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

(3) If sent electronically, the Government either—

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

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

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

(End of Clause)

C.2 52.216-19 ORDER LIMITATIONS (OCT 1995)

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

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

(1) Any order for a single item in excess of $1,000,000.00;

(2) Any order for a combination of items in excess of $1,000,000.00; or

(3) A series of orders from the same ordering office within 7 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 7 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.3 52.216-22 INDEFINITE QUANTITY (OCT 1995)

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

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

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after 5 years and 6 months after effective date.

(End of Clause)

C.4 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR

(APR 1984)

Funds are not presently available for performance under this contract beyond . The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made.

No legal liability on the part of the Government for any payment may arise for performance under this contract beyond , until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of Clause)

C.5 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[X] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.]

[] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[X] 852.233–70, Protest Content/Alternative Dispute Resolution.

[X] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[X] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause)

C.6 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

(End of Clause)

FAR

Number

Title Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

JUN 2020

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON

POSTCONSUMER FIBER CONTENT PAPER

MAY 2011

52.204-7 SYSTEM FOR AWARD MANAGEMENT OCT 2018

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

NOV 2021

52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE

AND REPRESENTATION

JUN 2020

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

NOV 2021

C.7 VAAR 852.212-72 GRAY MARKET AND COUNTERFEIT ITEMS (MAR

2020)

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

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

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

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

(End of Clause)

C.8 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT

2020) The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract.

Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of Addendum to 52.212-4)

C.9 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (JAN 2022)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L.

115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[X] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C.

3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved]

[] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

[X] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

[] (10) [Reserved]

[] (11) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a).

[X] (12) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (13) [Reserved]

[] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-6.

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[X] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219–9, Small Business Subcontracting Plan (NOV 2021) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[X] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (JUN 2020) of 52.219–9.

[] (v) Alternate IV (SEP 2021) of 52.219–9.

[] (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (ii) Alternate I (MAR 2020) of 52.219-13.

[X] (19) 52.219–14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 657s).

[X] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C.

637(d)(4)(F)(i)).

[] (21) 52.219–27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C. 657f).

[X] (22) (i) 52.219–28, Post-Award Small Business Program Rerepresentation (SEP 2021) (15 U.S.C. 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219–28.

[] (23) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (SEP 2021) (15 U.S.C. 637(m)).

[] (24) 52.219–30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (SEP 2021) (15 U.S.C. 637(m)).

[] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[X] (26) l(26) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

[] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[X] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

[X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (30)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (ii) Alternate I (FEB 1999) of 52.222-26.

[X] (31)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[] (ii) Alternate I (JULY 2014) of 52.222-35.

[X] (32)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.

793).

[] (ii) Alternate I (JULY 2014) of 52.222-36.

[X] (33) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[X] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010) (E.O. 13496).

[X] (35)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[] (36) 52.222-54, Employment Eligibility Verification (NOV 2021). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

[] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[] (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (OCT 2015) of 52.223-13.

[] (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-14.

[] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C.

8259b).

[] (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (44) 52.223–18, Encouraging Contractor Policies to Ban Text Messaging While Driving

(JUN 2020) (E.O. 13513).

[] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[] (47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[] (ii) Alternate I (JAN 2017) of 52.224-3.

[] (48) 52.225-1, Buy American—Supplies (NOV 2021) (41 U.S.C. chapter 83).

[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (NOV 2021) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19

U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109- 283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate I (JAN 2021) of 52.225-3.

[] (iii) Alternate II (JAN 2021) of 52.225-3.

[] (iv) Alternate III (JAN 2021) of 52.225-3.

[X] (50) 52.225–5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (52) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

[] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[X] (55) 52.229–12, Tax on Certain Foreign Procurements (FEB 2021).

[] (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

[] (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[X] (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[X] (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C.

637(d)(13)).

[] (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

[] (ii) Alternate I (Apr 2003) of 52.247-64.

[] (iii) Alternate II (NOV 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[X] (7) 52.222-55, Minimum Wages Under Executive Order 13658 (JAN 2022).

[] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

[] (9) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

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

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books,…