C03._36C26325P0889 Signed.pdf
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- Vitek Lab Analyzers Replacement - VISN 23
- Solicitation number
- 36C26325P0889
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This document is a federal contract award for microbiology laboratory equipment replacement across multiple Veterans Affairs Medical Centers (VAMCs) in VISN 23. The contract was awarded to BioMerieux, Inc. for $2,259,178.78, with a performance period from July 1, 2025 to June 30, 2026. The procurement includes six Vitek MS Prime microbial identification analyzers, six Vitek carts, five Biomerieux Integration Engines, Vitek MS Optimized Integration, Myla to Maestria migration, Maestria Core Subscription, enhanced warranties, Vitek 2 analyzers, and a blood culture analyzer for VAMCs located in Fargo, Sioux Falls, Minneapolis, Des Moines, Iowa City, Omaha, St. Cloud, and Black Hills. The equipment will replace existing Vitek, Mass Spectrometers, and Blood Culture analyzers, with requirements including FDA approval, compatibility with existing systems, middleware for data transmission, and comprehensive training and installation support.
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PAGE 1 OF1. 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. 24.19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
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
499-25-4-6720-0016
36C26325P0889 3 /
AWARDED:
EFFECTIVE: 07-01-2025
Amanda Patterson-Elliott 319-338-0581
U / OC
Department of Veterans Affairs
NETWORK 23 CONTRACTING OFFICE
1303 5th St Suite 300 Coralville IA 52241
X 100
334513
750 Employees
SCOU S
N/A
Department of Veterans Affairs VISN 23: VA Midwest Health Care Network 2805 Dodd Road Suite 250 Eagan MN 55121
Department of Veterans Affairs
NETWORK 23 CONTRACTING OFFICE
1303 5th St, Suite 300 Coralville IA 52241
4S002 1
BIOMERIEUX INC
VITEK SYSTEMS, INC
515 S COLOROW DR
PHONE: FAX:SALT LAKE CITY UT 84108
EPHONE NO UEIUEI HCNVCMEG9NL6
Department of Veterans Affairs
FMS-VA-2(101)
Financial Services Center PO Box 149971 Austin TX 78714-9971
ES/SERVICES QU
See CONTINUATION Page
VISN 23 Lab Equipment Replacement as described in the Statement of Work.
Deliveries, Installation and Maintenance shall be coordinated with Biomedical Staff at the VAMC locations specified within the contract.
Period of Performance: 7/1/2025 - 6/30/2026
Reference PO #499C50090 for all invoices.
$2,259,178.78 See CONTINUATION Page
499-3650160-6720-822300-3131-010065275 499-25-4-6720-0016 P0 #499C50090
X X
X ___________1 ________________________________ARD OF CONTRACT
SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:
O CO C G O C ( O )
John Milroy
VA-VHA-RPOC-2023-0067 06/26/2025
36C26325P0889
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 STATEMENT OF WORK
B.3 PRICE/COST SCHEDULE
ITEM INFORMATION
ACCOUNTING AND APPROPRIATION DATA
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS
AND COMMERCIAL SERVICES (NOV 2023)
C.2 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)
C.3 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV
2018)
C.4 VAAR 852.239-76 INFORMATION AND COMMUNICATION TECHNOLOGY
ACCESSIBILITY (FEB 2023)
C.5 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 28
C.6 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)
C.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (JAN 2025) (DEVIATION FEB 2025)
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
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:
Kate Gomm
385-770-2833
Kate.Gomm@biomerieux.com
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
[] 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 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.
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 for the VISN 23 Microbiology Equipment – Vitek Replacements
1. Introduction of Required Specifications:
1.1.1 Purpose: The purpose of this Statement of Work (SOW) is to outline the tasks and responsibilities of the awarded contractor in relation to provisions, installation, integration, and implementation to install new microbiology equipment to replace the Viteks, Mass Spectrometers, and Blood Culture analyzers throughout multiple sites in VISN 23:
Specifically:
Fargo VAMC 1 Microbial Identification Analyzer 1 Microbial Identification and Antibiotic Susceptibility Testing Analyzer Middleware for Data transmission to LIS 1 Blood Culture Analyzer
Sioux Falls VAMC 1 Microbial Identification Analyzer 1 Microbial Identification and Antibiotic Susceptibility Testing Analyzer Middleware for Data transmission to LIS
Minneapolis VAMC 1 Microbial Identification Analyzer 1 Microbial Identification and Antibiotic Susceptibility Testing Analyzer Middleware for Data transmission to LIS
Des Moines VAMC
1 Microbial Identification Analyzer Middleware for Data transmission to LIS
Iowa City VAMC
1 Microbial Identification Analyzer 1 Microbial Identification and Antibiotic Susceptibility Testing Analyzer Middleware for Data transmission to LIS
Omaha VAMC
1 Microbial Identification Analyzer
Middleware for Data transmission to LIS
St Cloud VAMC 1 Microbial Identification and Antibiotic Susceptibility Testing Analyzer -compact Middleware for Data transmission to LIS
Black Hills VAMC Middleware for Data transmission to LIS
1.1.2 The Contractor must provide all necessary tools, equipment/hardware, software, licenses, installation, maintenance, warranty, and training in accordance with this
SOW.
1.1.3 Primary Goals: This procurement will upgrade the existing microbiology equipment located at the VISN 23 sites. This procurement will, at the minimum, provide the same or better technology as the current equipment provides. This replacement will improve patient care and safety as well as provide a consistent and reliable end user experience in the microbiology laboratories.
1.1.4 Equipment: All equipment must be new, state of the art, and not recertified nor refurbished. All equipment must be compliant with current facility requirements for allowable operating system platforms. All equipment must be FDA approved for Clinical use. The instrument shall have random access capability and be able to simultaneously perform the complete profile as described below to meet the performance characteristics for accuracy and precision as defined by the 1988 Clinical Laboratory Improvement Act (CLIA) and the Clinical and Laboratory Standards Institute (CLSI).
1.1.5 Industry Standards: Unless otherwise stated, all equipment must be held to current industry standards for such equipment as present within the current market for ventilation system equipment, supplies, and related services.
1.1.6 Contractor must meet all minimum requirements contained in section 1.3.
1.2 Equipment Minimum Requirements Brand Name or Equal To:
1.2.1 Microbial Identification analyzer (VITEK MS PRIME CLINICAL part number
4707061):
Must use the MALDI-TOF (Matrix Assisted Laser Desorption/Ionization-Time of
Flight) technology Must produce rapid results. Rapid = less than ten minutes per isolate Must have a small footprint due to space constraints; benchtop analyzers are preferred Must have a lifetime laser Must have random access for urgent or STAT additions Must be able to identify mycobacteria, yeast, mold and bacteria without purchasing additional software Must be able to identify mycobacteria, yeast, mold and bacteria during the same run
Comprehensive and extensive data base of mold, mycobacterium, bacteria and yeast species that is consistent with FDA/CLSI guidelines.
Must be compatible with our current automated integrated antimicrobial identification and antimicrobial susceptibility system, which is the vitek 2 and vitek 2 compact, AND must also be seamlessly compatible with the new Microbial Identification and Antibiotic Susceptibility Testing analyzer we are requesting in section 1.3.3.
Specifically these systems must be able to communicate organism identification between each other without additional equipment to translate or add additional time consuming steps for laboratory staff.
Must be able to send data to VISN 23’s existing LIS, Data Innovations, via the middleware provided in section 1.3.4
Must have capability for Laboratories to add exclusive isolates to onboard database.
Software or equipment modifications as needed and, when commercially available, to comply with changes in standards for identification established by CLSI, Center for Disease Control (CDC) and other governing or authoritative bodies.
Necessary consumables required for usage of system must be consistent with existing VISN 23 contracts – please see section 1.5 for specifics
Slides must be disposable and not reusable.
Preference will be given to systems which minimizes maintenance time (system down time due to maintenance tasks) – bids should include information about required maintenance for equipment
Preference will be given to systems which minimizes hands on maintenance tasks for laboratory staff members – bids should include information about required maintenance for equipment
System must provide a mechanism to reduce the need to manually label slides to minimize errors
Reagents required for extraction and inactivation must not need lab staff preparation System must not require extraction for normal microbial identification (other than
Mycobacteria, Molds and Nocardia sp.).
1.2.2 Microbial Identification and Antibiotic Susceptibility Testing analyzer System must be able to identify Gram negative bacteria, to include Neisseria, Haemophilus and other fastidious Gram negative bacteria System must be able to identify Gram positive bacteria System must be able to identify Yeast System must be able to identify Anaerobic bacteria and coryneform bacteria System must provide rapid results. Rapid = Same day (to include Strep.
Pneumoniae) Must have specific dedicated cards for antibiotic susceptibility testing of each of the following:
o Gram negative o Gram positive o Yeast
Comprehensive and extensive data base of mold, mycobacterium, bacteria and yeast species that is consistent with FDA/CLSI guidelines.
System’s database must have the capability of building epidemiology reports and antibiograms.
Antibiogram must follow the CLSI guideline (M39-A-3).
Software or equipment modifications must be available as needed and, when commercially available, to comply with changes in standards for identification or susceptibility testing established by CLSI, Center for Disease Control (CDC) and other governing or authoritative bodies. Allow for manual modification of susceptibility breakpoints to comply with new CLSI guidelines until such time as the Contractor applies necessary software upgrades.
System must be fully automated to produce microbial identification and antibiotic susceptibility testing
System must provide resistance detection by phenotype identification Necessary consumables required for usage of system must be consistent with existing VISN 23 contracts – see section 1.5 for specifics Must be compatible with each site’s current Microbial Identification analyzer, Biomerieux Mass Spec, AND must also be seamlessly compatible with the new Microbial Identification analyzer we are requesting in section 1.3.1. Specifically these systems must be able to communicate organism identification between each other without additional equipment to translate or add additional time consuming steps for laboratory staff.
Must be able to send data to VISN 23’s existing LIS, Data Innovations, via the middleware provided in section 1.3.4
Must offer separate cards for testing of Identification and Susceptibility Must provide a closed system Must provide a mechanism for traceability of reagent cards for lot numbers and expiration dates Extended-Spectrum Beta-lactamase confirmation must be included in Gram negative antibiotic susceptibility reagent cards.
Preference will be given to systems with minimal external reagents/supplies System must be able to detect mixed cultures and prevent results from being generated System must have an identification to generate a susceptibility report Preference will be given to systems which minimizes maintenance time (system down time due to maintenance tasks) – bids should include information about required maintenance for equipment
Preference will be given to systems which minimizes hands on maintenance tasks for laboratory staff members – bids should include information about required maintenance for equipment
Preference will be given to systems which perform auto-dilution to eliminate manual pipetting
1.2.3 Microbial Identification and Antibiotic Susceptibility Testing analyzer - compact:
• System must be able to identify Gram negative bacteria, to include Neisseria and
Haemophilus
• System must be able to identify Gram positive bacteria
• System must be able to identify Yeast
• System must provide rapid results. Rapid = Same day (to include Strep.
Pneumoniae)
• Must have specific dedicated cards for antibiotic susceptibility testing of each of the following:
o Gram negative o Gram positive
• Comprehensive and extensive data base of bacteria and yeast species that is consistent with FDA/CLSI guidelines.
• System’s database must have the capability of building epidemiology reports and antibiograms.
• Antibiogram must follow the CLSI guideline (M39-A-3).
• Software or equipment modifications must be available as needed and, when commercially available, to comply with changes in standards for identification or susceptibility testing established by CLSI, Center for Disease Control (CDC) and other governing or authoritative bodies. Allow for manual modification of susceptibility breakpoints to comply with new CLSI guidelines until such time as the Contractor applies necessary software upgrades.
• System must be fully automated to produce microbial identification and antibiotic susceptibility testing
• Necessary consumables required for usage of system must be consistent with existing VISN 23 contracts – see section 1.5 for specifics
• Must be able to send data to VISN 23’s existing LIS, Data Innovations, via the middleware provided in section 1.3.4
• Must offer separate cards for testing of Identification and Susceptibility
• Must provide a closed system
• Must provide a mechanism for traceability of reagent cards for lot numbers and expiration dates
• Extended-Spectrum Beta-lactamase confirmation must be included in Gram negative antibiotic susceptibility reagent cards.
• Preference will be given to systems with minimal external reagents/supplies
• System must be able to detect mixed cultures and prevent results from being generated
• System must have an identification to generate a susceptibility report
• Preference will be given to systems which minimizes maintenance time (system down time due to maintenance tasks) – bids should include information about required maintenance for equipment
• Preference will be given to systems which minimizes hands on maintenance tasks for laboratory staff members – bids should include information about required maintenance for equipment
• Preference will be given to systems which perform auto-dilution to eliminate manual pipetting
System provides resistance detection by phenotype, but does not specify resistance mechanism
System must have the same technology as what is awarded in section 1.2.2 but in a smaller version
1.2.4 Middleware for the microbial identification equipment to send data to LIS:
ERA (Enterprise Risk Analysis) approved
Needs to be compatible with existing blood culture systems (Virtuo), existing Microbial Identification and Antibiotic Susceptibility Testing analyzer (Vitek 2 and Vitek 2 Compat), new equipment being requested through this contract
Must have embedded rules for Antimicrobial Susceptibility Testing interpretations.
System’s database must have the capability of building epidemiology reports and antibiograms.
Antibiogram must follow the CLSI guideline (M39-A-3).
Antibiogram reports must be customizable
1.2.5 Blood Culture Analyzer:
Minimal bottle types to manage for both blood and sterile body fluids Must be able to detect a wide range of bacteria and yeast Preference will be given to systems which minimizes maintenance time (system down time due to maintenance tasks) – bids should include information about required maintenance for equipment
Preference will be given to systems which minimizes hands on maintenance tasks for laboratory staff members – bids should include information about required maintenance for equipment
Colorimetric change at the bottom of bottles allows for earlier detection and immediate action
Positive bottle alerts for immediate intervention Comprehensive Blood Culture process and contamination monitoring with remote alarm capability Must be able to send data to VISN 23’s existing LIS, Data Innovations, via the middleware provided in section 1.3.4 System must be able to customize reports Bottles must be plastic and shatter-proof Must be FDA cleared to monitor sterile body fluids
1.3 Integrations:
1.3.1 Laboratory Information System (LIS)
Requested Microbial Identification analyzer, Microbial Identification and Antibiotic Susceptibility Testing analyzer, and blood culture analyzer must all interface with VISN 23’s LIS, Data Innovations via the provided middleware detailed in section 1.3.4. The equipment must send organism identification, susceptibility information, and patient information to the LIS.
1.3.2 Microbial Identification analyzer and Microbial Identification and Antibiotic Susceptibility
Testing analyzer must communicate organism identification and patient information with each other
1.4 Compatibility with consumables
1.4.1 VISN 23 has existing contracts for consumables used by the lab for microbiology testing. The new equipment must use these consumables so as not to require purchase of additional/new consumables:
VISN 23 has in stock these consumables. Must be compatible with these items:
Favor will be given to vendor who is compatible or purchases these and replaces them with compatible items.
BM Part Number
Product Description
Unit of Measure - Standard
21218 0.45% NACL
Saline Bag CS
21219 ACCESSORY KIT
VRK2 PIP/DIL CS
21341 GRAM NEGATIVE
I.D. CARDS 20/PK PK
21342 GRAM POSITIVE
I.D. CARDS 20/PK PK
21343 YST TEST KIT
VTK2 20CARDS PK
21346 VITEK 2 NH ID
TEST CARD 20/PK PK
21347
ANC
IDENTIFICATION
CARDS 20/PK
PK
22226
AST-GP67
SUSCEPT CARDS
20/PK
PK
30501 0.1ul-10ul pipette tips PK
30507 1ul-10ul pipette tips PK
69285 VITEK TUBES
2000/CS CS
93059 DENSICHEK
STANDARD KIT BX
410893 VITEK MS DS
SLIDE 8/BX PK
411071 Vitek MS - CHCA PK
411072 Vitek MS - FA PK
411945
AST
YS05 SUSCEPT
CARD 20/PK
PK
413398
AST-GN66
SUSCEPT CARD
20/PK
PK
413399
AST-GN67
SUSCEPT CARD
20/PK
PK
413402
AST-GN71
SUSCEPT CARD
20/PK
PK
413404
AST-GN73
SUSCEPT CARD
20/PK
PK
414971
AST-GP74
SUSCEPT CARD
20/PK
PK
414985
AST-GN93
SUSCEPT CARD
20/PK
PK
415670
AST-GP75
SUSCEPT CARD
20/PK
PK
420915
AST-ST02
SUSCEPT CARD
20/PK
PK
421051
AST-GP78
SUSCEPT CARD
20/PK
PK
V1205 SALINE 0.45% 12
x 1000ml CS
V1211 SALINE 0.45% 18
x 500ml CS
413402 AST-GN71
SUSCEPT CARD PK
413402 AST-GN71
SUSCEPT CARD PK
413402 AST-GN71
SUSCEPT CARD PK
411945 AST-YS05 KIT PK
420915 AST02 card PK
410893 Vitek MS DS Slide 8/Box PK
417820
VITEK 2
0.45% SODIUM
CHLORIDE
DILUENT
CS
421983 AST-XN08 TEST
KIT 20 CARDS
412982 AST-GN95 TEST
KIT 20 CARDS
413404 AST-GN73 TEST
KIT 20 CARDS
423331 AST-YS09 TEST
KIT 20 CARDS
1.5 Installation Considerations
1.5.1 The contractor will provide at least 1 week of onsite installation and go live support per site (excluding Black Hills who is only getting middleware). This week will include the unboxing and setup of the equipment, assistance with completing all integration work, training of lab staff (at least 1 full day), and support for going live.
1.5.2 Facility is responsible for sponsoring vendors remote access, background checks, and/or security access necessary to enable remote access for the vendor.
1.5.3 If power is needed it is the hospitals responsibility to pull the power.
1.5.4 Any mounting required is the responsibility of the hospital.
1.5.5 Contractor must comply with all facility mandated and local permitted/safety requirements.
1.5.6 Contractor will dispose of all boxes, trash and debris resulting from installation IAW hospital policy.
1.5.7 Facility will sponsor and submit necessary paperwork thru appropriate channels in order for equipment contained in this contract to obtain TRM and/or RMF and/or any other necessary cybersecurity approvals.
1.5.8 Full go live of equipment must be NLT 8 weeks after award of PO for Fargo VAMC and NLT six months after award of PO for all other sites in the VISN.
1.6 Training and Support:
1.6.1 Training and validation testing support: Contractor must provide unlimited phone support for validation testing and include at least 1 full day of onsite training for each site receiving equipment in VISN 23.
1.7 Warranty
1.7.1 The equipment contained in this contract must come with 1 year warranties including any/all preventative maintenance during that year recommended by the OEM
1.7.2 Supply and Accessory Warranty/Restocking Fee: Customer can return equipment within 30 days of purchase with 0% restocking fee if returned in unopened, original packaging. Equipment returned within 30 days to six-months in unopened, original packaging is subject to a 20% restocking fee. Equipment returned after six months will not be accepted.
1.8 Exclusions
1.8.1 Asbestos testing or abatement is not the responsibility of the Contractor.
1.8.2 The contractor will not work in a bio-hazardous, radioactive, toxic, or other high-risk environment.
1.8.3 The facility is responsible for hanging any devises on the wall/ceiling that require drilling behind sheetrock.
1.8.4 The facility is responsible to repair-patch and/or paint any walls or ceilings effected by installation or deinstallation of equipment.
1.8.5 Facility is responsible for deinstallation/disposal of current Government-owned equipment, if applicable
For Security Purposes:
A Visitor Pass is required for all contractors on site TMS 10203 HIPAA is training required for all contractors on site
B.3 PRICE/COST SCHEDULE
ITEM INFORMATION
ITEM
NUMBER
DESCRIPTION OF
SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 6.00 EA $240,000.000000 $1,440,000.00
Vitek MS Prime (Fargo-1, Sioux Falls - 1, Minneapolis -1, Central Iowa -1, Iowa City
- 1, NWI -1)
Contract Period: Base POP Begin: 07-01-2025 POP End: 06-30-2026 PRINCIPAL NAICS CODE: 334513 - Instruments and Related Products Manufacturing for Measuring, Displaying, and Controlling Industrial Process Variables PRODUCT/SERVICE CODE: 6640 - Laboratory Equipment and Supplies
MANUFACTURER PART NUMBER (MPN): NA
NATIONAL STOCK NUMBER: NA
LOCAL STOCK NUMBER: NA
ACRN: 1 Requisition Number: 499-25-4-6720-0016
Appropriation: 499-3650160-6720-822300 Pathology and Laborator-3131 Medical, Dental, and Scie-010065275
$1,440,000.00
6.00 EA $1,803.530000 $10,821.18
Vitek Cart (Fargo-1, Sioux Falls - 1, Minneapolis -1, Central Iowa -1, Iowa City - 1, NWI -1)
Contract Period: Base POP Begin: 07-01-2025 POP End: 06-30-2026 PRINCIPAL NAICS CODE: 334513 - Instruments and Related Products Manufacturing for Measuring, Displaying, and Controlling Industrial Process Variables PRODUCT/SERVICE CODE: 6640 - Laboratory Equipment and Supplies
MANUFACTURER PART NUMBER (MPN): NA
Dental, and Scie-010065275
$10,821.18
5.00 EA $10,000.000000 $50,000.00
Biomerieux Integration Engine (Fargo-1, Sioux Falls - 1, Central Iowa -1, Iowa City -
1, NWI -1)
PRINCIPAL NAICS CODE: 334513 - Instruments and Related Products Manufacturing for Measuring, Displaying, and Controlling Industrial Process Variables PRODUCT/SERVICE CODE: 6640 - Laboratory Equipment and Supplies
MANUFACTURER PART NUMBER (MPN): NA
ACRN: 1 Requisition Number: 499-25-4-6720-0016 $50,000.00
Dental, and Scie-010065275
1.00 EA $10,000.000000 $10,000.00
Biomerieux Integration Engine (Minneapolis -1) Contract Period: Option 1 POP Begin: 07-01-2025 POP End: 06-30-2026 PRINCIPAL NAICS CODE: 334513 - Instruments and Related Products Manufacturing for Measuring, Displaying, and Controlling Industrial Process Variables PRODUCT/SERVICE CODE: 6640 - Laboratory Equipment and Supplies
Dental, and Scie-010065275
$10,000.00
6.00 EA $18,000.000000 $108,000.00
Vitek MS Optimized Integration (Fargo-1, Sioux Falls - 1, Minneapolis -1, Central Iowa -1, Iowa City - 1, NWI -1) Contract Period: Base POP Begin: 07-01-2025 POP End: 06-30-2026 PRINCIPAL NAICS CODE: 334513 - Instruments and Related Products Manufacturing for Measuring, Displaying, and Controlling Industrial Process Variables PRODUCT/SERVICE CODE: 6640 - Laboratory Equipment and Supplies
MANUFACTURER PART NUMBER (MPN): NA
Dental, and Scie-010065275
$108,000.00
7.00 EA $5,000.000000 $35,000.00
Myla to Maestria Migration (Fargo-1, Sioux Falls - 1, Minneapolis -1, Central Iowa - 1, Iowa City - 1, NWI -1, ST. CLOUD 1) Contract Period: Base POP Begin: 07-01-2025 POP End: 06-30-2026 PRINCIPAL NAICS CODE: 334513 - Instruments and Related Products Manufacturing for Measuring, Displaying, and Controlling Industrial Process Variables PRODUCT/SERVICE CODE: 6640 - Laboratory Equipment and Supplies
MANUFACTURER PART NUMBER (MPN): NA
$35,000.00
8.00 EA $5,000.000000 $40,000.00
Maestria Core Subscription - 1 YR (Fargo-1, Sioux Falls - 1, Minneapolis -1, Central Iowa -1, Iowa City - 1, NWI -1, ST. CLOUD - 1, BLACK HILLS, 1) Contract Period: Base POP Begin: 07-01-2025 POP End: 06-30-2026 PRINCIPAL NAICS CODE: 334513 - Instruments and Related Products Manufacturing for Measuring, Displaying, and Controlling Industrial Process Variables PRODUCT/SERVICE CODE: 6640 - Laboratory Equipment and Supplies
MANUFACTURER PART NUMBER (MPN): NA
ACRN:
Requisition Number: 499-25-4-6720-0016
Appropriation: 499-3650160-6720-822300 Pathology and Laborator-3131 Medical, Dental, and Scie-010065275
$40,000.00
0008 6.00 EA $8,808.000000 $52,848.00
Enhanced Warranty Vitek MD Prime (Fargo-1, Sioux Falls - 1, Minneapolis -1, Central Iowa -1, Iowa City - 1, NWI -1) Contract Period: Base POP Begin: 07-01-2025 POP End: 06-30-2026 PRINCIPAL NAICS CODE: 334513 - Instruments and Related Products Manufacturing for Measuring, Displaying, and Controlling Industrial Process Variables PRODUCT/SERVICE CODE: 6640 - Laboratory Equipment and Supplies
MANUFACTURER PART NUMBER (MPN): NA
Requisition Number: 499-25-4-6720-0016
Appropriation: 499-3650160-6720-822300 Pathology and Laborator-3131 Medical, Dental, and Scie-010065275
$52,848.00
4.00 EA $94,896.730000 $379,586.92
Vitek 2 (Fargo -1, Soux Falls-1, Minneapolis -1, Iowa City -1) Contract Period: Base POP Begin: 07-01-2025 POP End: 06-30-2026 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6640 - Laboratory Equipment and Supplies
MANUFACTURER PART NUMBER (MPN): NA
Requisition Number: 499-25-4-6720-0016
Appropriation: 499-3650160-6720-822300 Pathology and Laborator-3131 Medical, $379,586.92
0010 4.00 EA $7,812.000000 $31,248.00
Vitek 2 Extended Warranty - 1 YR (Fargo -1, Soux Falls-1, Minneapolis -1, Iowa City - 1) Contract Period: Base POP Begin: 07-01-2025 POP End: 06-30-2026 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6640 - Laboratory Equipment and Supplies
MANUFACTURER PART NUMBER (MPN): NA
NATIONAL STOCK NUMBER: NA
LOCAL STOCK NUMBER: NA
ACRN:
Requisition Number: 499-25-4-6720-0016
Appropriation: 499-3650160-6720-822300 Pathology and Laborator-3131 Medical, Dental, and Scie-010065275
$31,248.00
1.00 EA $29,502.190000 $29,502.19
Fargo VC-BTA 3D 120 CLINICAL Blood Culture Contract Period: Base POP Begin: 07-01-2025 POP End: 06-30-2026 PRINCIPAL NAICS CODE: 334513 - Instruments and Related Products Manufacturing for Measuring, Displaying, and Controlling Industrial Process Variables PRODUCT/SERVICE CODE: 6640 - Laboratory Equipment and Supplies
MANUFACTURER PART NUMBER (MPN): NA
NATIONAL STOCK NUMBER: NA
LOCAL STOCK NUMBER: NA
ACRN:
Requisition Number: 499-25-4-6720-0016
Appropriation: 499-3650160-6720-822300 Pathology and Laborator-3131 Medical, Dental, and Scie-010065275
$29,502.19
1.00 EA $4,068.000000 $4,068.00
FARGO VC-BTA 3D 120 EHNACHED WARRANTY (FROM q-79100) Contract Period: Base POP Begin: 07-01-2025 POP End: 06-30-2026 PRINCIPAL NAICS CODE: 334513 - Instruments and Related Products Manufacturing for Measuring, Displaying, and Controlling Industrial Process Variables PRODUCT/SERVICE CODE: 6640 - Laboratory Equipment and Supplies
MANUFACTURER PART NUMBER (MPN): NA
NATIONAL STOCK NUMBER: NA
LOCAL STOCK NUMBER: NA
ACRN:
Requisition Number: 499-25-4-6720-0016
Appropriation: 499-3650160-6720-822300 Pathology and Laborator-3131 Medical, Dental, and Scie-010065275
$4,068.00
1.00 EA $5,000.000000 $5,000.00
Installation Maestria (Black Hills-1) Contract Period: Base POP Begin: 07-01-2025 POP End: 06-30-2026 PRINCIPAL NAICS CODE: 334513 - Instruments and Related Products Manufacturing for Measuring, Displaying, and Controlling Industrial Process Variables PRODUCT/SERVICE CODE: 6640 - Laboratory Equipment and Supplies
MANUFACTURER PART NUMBER (MPN): NA
NATIONAL STOCK NUMBER: NA
LOCAL STOCK NUMBER: NA
ACRN:
Requisition Number: 499-25-4-6720-0016
Appropriation: 499-3650160-6720-822300 Pathology and Laborator-3131 Medical, Dental, and Scie-010065275
$5,000.00
1.00 EA $56,624.490000 $56,624.49
STC Vitek 2 Compact 30 Contract Period: Base POP Begin: 07-01-2025 POP End: 06-30-2026 PRINCIPAL NAICS CODE: 334513 - Instruments and Related Products Manufacturing for Measuring, Displaying, and Controlling Industrial Process Variables PRODUCT/SERVICE CODE: 6640 - Laboratory Equipment and Supplies
ACRN:
Requisition Number: 499-25-4-6720-0016
Appropriation: 499-3650160-6720-822300 Pathology and Laborator-3131 Medical, Dental, and Scie-010065275
$56,624.49
0015 1.00 EA $6,480.000000 $6,480.00
STC Vitek 2 Compact 30 extended warranty Contract Period: Base POP Begin: 07-01-2025 POP End: 06-30-2026 PRINCIPAL NAICS CODE: 334513 - Instruments and Related Products Manufacturing for Measuring, Displaying, and Controlling Industrial Process Variables PRODUCT/SERVICE CODE: 6640 - Laboratory Equipment and Supplies
MANUFACTURER PART NUMBER (MPN): NA
NATIONAL STOCK NUMBER: NA
LOCAL STOCK NUMBER: NA
ACRN:
Requisition Number: 499-25-4-6720-0016
Appropriation: 499-3650160-6720-822300 Pathology and Laborator-3131 Medical, Dental, and Scie-010065275
$6,480.00
GRAND TOTAL $2,259,178.78
ACCOUNTING AND APPROPRIATION DATA
ACRN APPROPRIATION REQUISITION NUMBER AMOUNT
1 499-3650160-6720-822300 Pathology and Laborator-3131 Medical, Dental, and Scie-010065275
499-25-4-6720-0016 (P) $2,259,178.78
Deliveries shall be coordinated with Biomedical staff to the following locations:
Fargo VA Health Care System 2101 Elm Street N.
Fargo, ND 58102
Sioux Falls VA Health Care System 2501 W 22nd Street Sioux Falls, SD 57105
Minneapolis VA Health Care System One Veterans Drive Minneapolis, MN 55417
Central Iowa VA Health Care System 3600 30th Street Des Moines, IA 50310
Iowa City VA Health Care System 601 Highway 6 West Iowa City IA 52246
Omaha VA Medical Center 4101 Woolworth Avenue Omaha, NE 68105
St. Cloud VA Health Care System 4801 Veterans Drive St. Cloud, MN 56303
Black Hills VA Health Care System Fort Meade Campus 113 Comanche Road Fort Meade, SD 57741
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 precedence in the following order:
(1) The schedule of supplies/services.
(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;
(3) The clause at 52.212-5.
(4) Addenda to this solicitation or contract, including any license agreements for computer software.
(5) Solicitation provisions if this is a solicitation.
(6) Other paragraphs of this clause.
(7) The Standard Form 1449.
(8) Other documents, exhibits, and attachments
(9) The specification.
(t) [Reserved]
(u) Unauthorized Obligations.
(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:
(i) Any such clause is unenforceable against the Government.
(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.
(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.
(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.
(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of Clause)
ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES
Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.
The following clauses are incorporated into 52.212-4 as an addendum to this contract:
C.2 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)
(a) The Contractor shall conform to the standards established by: as to .
(b) The Contractor shall submit proof of conformance to the standard. This proof may be a label or seal affixed to the equipment or supplies, warranting that the item(s) have been tested in accordance with the standards and meet the contract requirement. Proof may also be furnished by the organization listed above certifying that the item(s) furnished have been tested in accordance with and conform to the specified standards.
(c) Offerors may obtain the standards cited in this provision by submitting a request, including the solicitation number, title and number of the publication to:
(d) The offeror shall contact the Contracting Officer if response is not received within two weeks of the request.
(End of Clause)
C.3 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT
REQUESTS (NOV 2018)
(a) Definitions. As used in this clause—
(1) Contract financing payment has the meaning given in FAR 32.001;
(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;
(3) Electronic form means an automated system transmitting information electronically according to the accepted…
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