C03.Contract MOD 2 Novation fully exec.pdf

01/22/24

# 6

CONTINUATION PAGE

See attached document: P11.Novation Union DLT Agreement copy 1.

A.1 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1.00 JB $0.000000 $0.00

Orthotic Services for 5 years Contract Period: Base POP Begin: 12-01-2022 POP End: 11-30-2027 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies MANUFACTURER PART NUMBER (MPN): Varies

GRAND

TOTAL

$0.00

ACCOUNTING AND APPROPRIATION DATA

ACRN APPROPRIATION

REQUISITION

NUMBER AMOUNT

A.2 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

0001 SHIP TO: VA MEDICAL CENTER

HEINZ CAMPUS

ATTN: Prosthetics

1010 DELAFIELD ROAD

PITTSBURGH, PA 15215

USA

1.00 30 Days ARO

MARK FOR: Autumn Williams 412-822-3733 autumn.williams@va.gov

FOB: DESTINATION

End of Document

Novation Agreement

The De La Torre Orthotics & Prosthetics (Transferor), a corporation duly organized and existing under the laws of Pennsylvania with its principal office in Pittsburgh; the Union Orthotics & Prosthetics Co. (Transferee), a corporation duly organized and existing under the laws of Delaware with its principal office in Pittsburgh; and the United States of America (Government) enter into this Agreement as of October 1, 2020.

(a) The parties agree to the following facts:

(1) The Government, represented by various Contracting Officers of the Department of Veterans Affairs, has entered into certain contracts with the Transferor, namely De La Torre Orthotics & Prosthetics Contract #36C24422Q0275. The term "the contracts," as used in this Agreement, means the above contracts and purchase orders and all other contracts and purchase orders, including all modifications, made between the Government and the Transferor before the effective date of this Agreement ( whether or not performance and payment have been completed and releases executed if the Government or the Transferor has any remaining rights, duties, or obligations under these contracts and purchase orders).

Included in the term "the contracts" are also all modifications made under the terms and conditions of these contracts and purchase orders between the Government and the Transferee, on or after the effective date of this Agreement.

(2) As of October 1, 2020, the Transferor has transferred to the Transferee all the assets of the Transferor by virtue of a stock purchase between the Transferor and the Transferee.

(3) The Transferee has acquired all the assets of the Transferor by virtue of the above transfer.

( 4) The Transferee has assumed all obligations and liabilities of the Transferor under the contracts by virtue of the above transfer.

(5) The Transferee is in a position to fully perform all obligations that may exist under the contracts.

(6) It is consistent with the Government's interest to recognize the Transferee as the successor party to the contracts.

(7) Evidence of the above transfer has been filed with the Government

(8) A Purchase Agreement dated October 1, 2020 documents Union Orthotics & Prosthetics Co. purchasing all the stock of De La Torre Orthotics & Prosthetics.

(b) In consideration of these facts, the parties agree that by this Agreement-

A.2 DELIVERY SCHEDULE

P11.Novation Union DLT Agreement copy 1