FSS-65-VII - Nerfherder Distribution LLC - 36F79723D0197

C03_SF1449_SOA Rev: Jan 2021 Page 5

Addenda to SF 1449 Summary of Award

VA FSS Contract 36F79723D01970F

Contractor Name: Nerfherder Distribution

Schedule: 65 VII - Invitro Diagnostic, Reagents, Test Kits and Sets

Solicitation Number: M5-Q52A-04-R6

Performance Period: 08/15/2023-08/14/2028

NAICS: 325413

FSC: 6550

1 The use of this Government contract to solicit Government business for non-contract products is fraudulent and subject to prosection.

C03_SF1449_SOA Rev: Jan 2021 Page 6

Contract Documents VA FSS Contract 36F79723D0197 consists of the following documents:

FAR 52.212-4 Contract Terms and Conditions – Commercial Items and Addenda

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items

Program Participation Public Law 109-364 Disaster Recovery Purchasing Program Yes No N/A

Public Health Emergencies under Section 319 of the Public Health Services Act, codified at 42 U.S.C. 247D Yes No N/A

AS5000 Prime Vendor Program Yes No N/A

Direct-to-Patient Distribution Program Yes No N/A

Consignment Agreements Yes No N/A

Specialty Distribution

[enter Distributor Details (e.g. - POC, Phone #)] Yes No N/A

Proposal Information

Amendment(s) Yes, all Amendments have been received A0001, A0002, A0003

Proposal Nerfherder Distribution LLC offer dated 03/16/2023

Final Proposal Revision Letter 08/14/2023

Benjamin Carlton, Senior Contract Manager & Authorized Negotiatior

Subcontracting Plan Not Applicable - Small Business

Awarded Pricing A copy of the awarded line items with prices (including IFF) is attached hereto and made a part hereof. (See attachment)

X

C03_SF1449_SOA Rev: Jan 2021 Page 7

A. Pricing, Terms, and Conditions as agreed to are listed below:

Accepted SINs

SIN % Discount or Discount Range Maximum Order

555-6 and 555-8 Nerfherder Distribution LLC

22.25%-26.49% $25,000.00

Tracking Customer(s) Dan Yellin & Associates as the tracking customers

Tracking Ratio(s) 0.92-1.00, effective immediately.

Quantity / Tier Discount(s) None

Standard Delivery Time Nerfherder is offering 8 days after receipt of delivery times for government customers

Expedited Delivery Time Expedited Delivery terms are Upon Request Only for the Government paying the difference between Standard and Expedited the Expedited is accepted.

FOB Point(s) Nerfherder ‘s F.O.B Destination to 48 Contiguous States with the point of exportation to Alaska, Hawaii, and the Commonwealth of Puerto Rico

Credit Card Acceptance Accepted at all dollar amounts.

C03_SF1449_SOA Rev: Jan 2021 Page 8

Minimum Order Nerfherder Minimum Requirement to their Government l customer is

$100.00. (Direct Orders Only)

Payment Terms Nerfherder Distributor is offering 1% Net 15 Prompt payment terms to their government customers.

Return Goods Policy Nerfherder Distribution LLC Return Goods Policy Tailored for VA Use Only dated 02/01/2023

Warranty Policy

Nerfherder Distributor LLC has not proposed a warranty to the government. The Government warranty 52.212- (0) and (p) will be used. 52.212-4 (o)(TAILORED) 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. In the event that the terms of the contractor’s standard commercial warranty conflict with the warranty terms contained in this clause, the terms of this clause will govern this contract, unless some other resolution is specified in the award document.

52.212-4 (p) (TAILORED)

Limitation of liability: Except as otherwise provided by an express warranty, the contractor will not be liable to the Government in a breach of warranty action for consequential damages resulting from any defect or deficiencies in accepted items. In the event that the terms of the contractor’s standard commercial warranty/limitation of liability clause(s) place greater limits on the contractor’s liability than do the terms contained in this clause, the terms of this clause will govern the contract.

Annual Rebate No

Prime Vendor Program Participation

Yes, Nerfherder Distribution LLC is participating in the Prime Vendor Program.

Nerfherder Distribution LLC website www.nhdmedical.com

Commercial Price List Chemio/Nerfherder Distribution Commercial Price List dated 08/07/2023

Number of Accepted Items 6 Items (555-6 and 555-8)

C03_SF1449_SOA Rev: Jan 2021 Page 9

B. Tracking Customer and the Price Reductions Clause For the purposes of the Price Reductions clause (552.238-81) and the Modifications clause (552.238-82), the Government and Contractor agree that this contract shall be predicated on the awarded FSS discount off of commercial price list named and identified on pg. 3 and the following customer(s) or category(ies) of customer(s): “Dan Yellin & Associates as the tracking customers”. During the course of this contract, for any sales under the maximum order, the following price relationship shall be maintined: 0.92-1.00, effective immediately.

This is not applicable for deviation sales previously disclosed. If the identified tracking customer contract/agreement has been cancelled, terminated, expired, or the tracking customer has merged with another group, the assigned contract specialist shall be notified within 10 days after the event occurs, and if possible, before the event occurs. At such time, the contractor will negotiate in good faith with the assigned contract specialist in order to establish a successor tracking customer via the Request for Modification process.

C. Economic Price Adjustment 552.216-70 Economic Price Adjustment Clause – FSS Multiple Award Schedule Contracts of the solicitation applies to all items awarded under this contract.

D. Annual Rebate An annual rebate has not been negotiated and awarded under this contract.

NHD FINAL & APPROVED LOGO

Returns Goods Policy

The customer will be responsible for return shipping charges. Please contact us beforehand if you have any questions.

How to make sure we can exchange or refund your item:

• Item must be returned in original packaging and in brand new condition.

• Please don’t assemble or modify a product before returning. Otherwise, we may not be able to provide a refund.

What if my order arrives damaged?

The product(s) have been packed in outer box packaging and are in perfect condition as they leave Nerfherder Distribution’s possession. We package all of our products well, so they arrive on your doorstep snug, safe, and secure. Always thoroughly inspect the goods for potential damage before accepting delivery. If an item does arrive damaged or with parts missing, please notify us within 10 days. We take the responsibility to make sure your product arrives in brand new working condition.

Should your item arrive damaged, we will replace the product at no cost to you. We’re happy to send you replacements in accordance with our agreed upon delivery ARO. If you decide you do not want a replacement unit, you can return the item for a refund if you have contacted us in writing to the distributor and carrier within three days of receipt of product(s).

Addendum for Government:

Exception for Government: Any changes to this commercial policy will be disclosed to the Government in a Request for Modification and will be subject to negotiation and approval by the Government prior to implementation.

Attachment 1 Awarded

NHD FINAL & APPROVED LOGO

Nerfherder Distribution LLC Warranty & Returned Goods Policy

Disclaimer

Product usage is the sole responsibility of the healthcare provider and purchasing entity: All usage of product(s) shall be in accordance with approved Instructions For Use (IFU) for said product(s). The IFU can be found at the individual product’s Manufacturer’s website, or by request to Nerfherder Distribution. By purchasing and using the product(s) the purchasing entity agrees that the person(s) utilizing the products is a healthcare professional, fully trained to use the product in accordance with IFU and can apply same with the entity’s own standards of care.

Warranty ;

Nerfherder Distribution LLC warrants that all Products sold will conform strictly to the Product Specifications set forth in the product literature. Products delivered under this Agreement will be warranted by Nerfherder Distribution until the expiration date on such Product's package. HEALGEN's obligation under this warranty shall be limited to repair or replacement of any Product, provided that such Product was properly warehoused, shipped and/or used in accordance with the instructions enclosed therewith and the defective Product is returned in accordance with this Returned Goods Policy. The warranties in this section shall not apply to Products that have been repackaged, relabeled, or subjected to unusual physical or environmental conditions or have been used in any manner other than for which the Product was intended, or to defects caused (i) through no fault of Nerfherder Distribution during shipment or other transportation to the buyer; (ii) by the use or operation in any application or environment other than that intended or recommended by the manufacturer; (iii) by negligence or accident; or (iv) has been damaged by acts of nature, vandalism, burglary, neglect, or misuse.

Nerfherder Distribution makes no other Warranties expressed or implied, including all implied warranties of Merchantability fitness for any particular purchase or application. Nerfherder Distribution shall not be liable for any defects for which it is not responsible, such as but not limited to inappropriate storage, improper handling, and inappropriate instructions on how to use the products, alterations, modifications or repairs by anyone other than Nerfherder Distribution. Nerfherder Distribution expressly disclaims any representations and warranties regarding the performance, safety and efficacy of the products in combination with the compounds or any other products or component(s), hardware or software or any packaging.

Attachment 2

SIN# Item # Product Name Tracking Customer Name Tracking

Ratio FSS Price without IFF FSS Price with IFF

Red "A" = Awarded

555-6 CHEMB001

Sure Check (25 Tests) (CLIA Waived HIV Test, 1 Drop of Blood) Dan Yellin & Associates 1.00 $167.00 $167.84 A

555-6 CHEMB003

DPP HIV 1/2 (20 Tests) (CLIA Waived HIV Test that Works with Oral Fluid and Blood Dan Yellin & Associates 1.00 $136.00 $136.68 A

555-6 CHEMB005

DPP HIV 1/2 & Syphilis (20 Tests) (CLIA Waived HIV & Syphilis Test) Dan Yellin & Associates 1.00 $301.00 $302.51 A

555-6 CHEMB007

Microreader (Used to Interpret DPP HIV & Syphilis Results) Dan Yellin & Associates 1.00 $311.00 $312.56 A

555-8 LFSGN001

Status Flu A&B (25 Tests) (CLIA waived for Swab Specimens) ALLTESTS NORTH AMERICA LLC 0.92 $202.15 $203.17 A

555-8 LFSGN003

Status COVID, Flu A&B (25 Tests) (CLIA waived for Swab Specimens) ALLTESTS NORTH AMERICA LLC 1.00 $369.05 $370.90 A

Awarded Pricing Page 13

Attachment 4