Combined Synopsis 36C24726Q0132.pdf

Combined Synopsis/Solicitation Notice

*= Required Field Combined Synopsis/Solicitation Notice

SUBJECT* Emergent Reference Lab Testing Services

GENERAL INFORMATION

CONTRACTING OFFICE’S ZIP CODE* 36109-3798

SOLICITATION NUMBER* 36C24726Q0132

RESPONSE DATE/TIME/ZONE 12-19-2025 10AM EASTERN TIME, NEW YORK,

USA

ARCHIVE 15 DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS N

SET-ASIDE

PRODUCT SERVICE CODE* Q301

NAICS CODE* 621511

CONTRACTING OFFICE ADDRESS Department of Veterans Affairs

Central Alabama Veterans Health Care

215 Perry Hill Road

Montgomery AL 36109-3798

POINT OF CONTACT*

Contracting Officer

Monica Reed

Monica.Reed@va.gov

Email Only

PLACE OF PERFORMANCE

ADDRESS Department of Veterans Affairs

Charleston VA Healthcare System

Ralph H. Johnson VA Medical Center

109 Bee Street

Charleston South Carolina

POSTAL CODE 29401

COUNTRY USA

ADDITIONAL INFORMATION

AGENCY’S URL https://www.va.gov

URL DESCRIPTION Department of Veterans Affairs

AGENCY CONTACT’S EMAIL ADDRESS va.gov

EMAIL DESCRIPTION Department of Veterans Affairs

DESCRIPTION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR

Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This solicitation

36C24726Q0132 is issued as a request for quote (RFQ). No telephone requests will be accepted. Only written requests received directly from the offeror are acceptable. The associated North American Industry Classification

System (NAICS) code for this procurement is 621511 – Medical Laboratories, with a small business size standard of $41.5 million.

The Solicitation is Unrestricted and no set-asides apply.

Provisions 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 provisions are incorporated into 52.212-1 as an addendum to this solicitation:

1. The offeror shall submit their quote on company letterhead. The offeror’s quote shall include the name, address, and telephone number of the offeror, the offeror’s UEI# and ORCA document in SAM at www.sam.gov, and a completed copy of 52.212-3 offeror Representations and

Certifications- Commercial Items.

2. Acknowledgement or signed copy of all amendments posted to the solicitation and signed 1449.

3. All Offerors must meet the small business size standard of $41.5 million for NAICS code

621511- Medical Laboratories at the time of submission of quote and at the time of award.

4. All offerors must be registered at SAM.gov at the time of quote submittal.

5. An offeror shall indicate in its quote whether it will (1) self-perform 100% of the requirement, or (2) subcontract any portion of the requirement. If the offeror intends to subcontract any portion of the requirement, the offeror shall provide a subcontracting plan that includes a percentage breakdown evidencing how the offeror will comply with the limitations on subcontracting in 13 CFR 125.6(a)(1). Failure to provide the required information may result in an offeror’s quote being rejected without further consideration. If the offeror plans on using subcontractors, you must provide a subcontracting plan to include:

a. Business Name

b. Business Size

c. Work they will be performing, to include % of work on contract

d. % of payment to be receive of total contract amount

e. A completed Copy of 852.219-75 - VA Notice of Limitations on Subcontracting—Certificate of Compliance For

Services and Construction must be included in the submission package.

All questions should be emailed to Monica.Reed@va.gov by December 16, 2025 at 10:00 AM ET No late submissions will be ACCEPTED. All responses to questions shall be incorporated into a written amendment posted to the Government Point of Entry (GPE). The offeror is encouraged to monitor the GPE, Beta.SAM website with respect to this solicitation because any amendments to this Solicitation will be posted on the website

(www.beta.sam.gov).

There will be no automated email notification of amendments.

Quotes must be received by December 19, 2025, by 10:00 AM ET. Email your quote to

Monica.Reed@va.gov. The subject line must have the solicitation the offeror is responding to listed. There will be no automated email notification of receipt of quotes. All quotes received without requested documentation will not http://www.beta.sam.gov/ be considered. Not providing all the required documents above along with not following the instructions for submission will result in an unacceptable quote.

PAGE 1 OF 1. REQUISITION NO.

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

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

534-26-2-025-0016

36C24726Q0132 12-12-2025

Monica Reed Email Only 12-19-2025

1000am EST

36C247

Department of Veterans Affairs

Central Alabama Veterans Health Care

West Campus

X

621511

$41.5 Million

N/A

X

Charleston VA Healthcare System

Ralph H. Johnson VA Medical Center

109 Bee Street

Charleston SC 29401

36C247

Department of Veterans Affairs

Central Alabama Health Care System

West Campus

215 Perry Hill

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center

PO Box 149971

Austin TX 78714-9971

See CONTINUATION Page

Contractor shall provide Emergent Reference Lab Testing services to the Charleston VA Healthcare System as outlined in the Statement of Work and Price Schedule below.

Please contact Monica Reed for all requests for information at Monica.Reed@va.gov by 12/16/2025 NLT 10:00 AM ET No late responses will be accepted.

All offers are due by 12/19/2025 NLT 10:00 AM ET

See CONTINUATION Page

534-3660160-025-822300-2560 0100L0090

X X

X 1

Monica Reed

Contracting Officer, NCO-07

36C24726Q0132

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

STATEMENT OF WORK

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2023)

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.3 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

C.4 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

C.5 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.6 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

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 (OCT 2025) (DEVIATION FEB 2025)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

QUALITY ASSURANCE SURVEILLANCE PLAN

WAGE DETERMINATION

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023)

E.2 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

E.3 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION FEB 2025)

E.5 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)

E.6 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.7 52.216-1 TYPE OF CONTRACT (APR 1984)

E.8 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.9 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS

AND CERTIFICATIONS (NOV 2025) (DEVIATION)

E.10 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.11 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 - Monica Reed

Department of Veterans Affairs

Central Alabama Veterans Health Care

West Campus

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] Monthly; upon invoicing

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

STATEMENT OF WORK

TITLE

EMERGENT REFERENCE LABORATORY TESTING

SCOPE OF WORK.

The contractor shall provide laboratory testing service for patient specimens that are urgent/emergent, and/or have limited viability, and not performed at the Ralph H. Johnson VA Medical Center located at 109 Bee Street, Charleston South Carolina 29401. Testing includes, but is not limited to, Mycobacteria Stains, Microbiology

Specimens, Immunoperoxidase Stains, Therapeutic Drugs, Bone Marrow Workup, and Clotting Factor assays.

Turnaround time for STAT/Emergency testing is 24 hours, or less, as indicated for patient care. *Please see below for specifics

TITLE QUANTITY

AFB SMEAR FLOURESCENT- CPT CODE 87206 75

AFB DIGESTION - CPT CODE 87015 75

PRIMARY SOURCE SMEAR OTHER - CPT CODE 87206 25

AFB FUNGAL CONC/HOMOGINIZATION - CPT 87176 50

FUNGAL CULTURE - CPT 87102 25

CALCAFLOUR STAIN - 87206 25

MALDI ID - CPT 87077 1800

E TEST - CPT 87181 25

ANAEROBE CULTURE - CPT 87075 40

MTB PCR AND RIFAMPIN SENS - CPT 87556 10

CYCLOSPORIN - CPT CODE 80158 100

FK-506 - CPT CODE 80197 (TACROLIMUS) 800

DIF STUDY EACH MARKER - CPT CODE 88346 40

MYOGLOBIN URINE - CPT CODE 83874 10

HEPARIN ASSOCIATED PLT AB - CPT CODE 86022 25

MISC (EMERGENCY) TEST 200

CRYPTOCOCCUS - CPT CODE 87899 80

MIXING STUDY - CPT CODE 85732 10

PROTHROMBIN TIME - CPT CODE 85610 10

THROMBIN TIME - CPT CODE 85670 10

ACTIVATED PTT - CPT CODE 85730 10

PF ADP INHIBITION - CPT 85576 10

BONE MARROW ASSOCIATED WORKUP - CPT 88237 25

STAT COURIER 150

EXAM SYNOVIAL FLUID CRYSTALS - CPT 89060 120

PANEL KIDNEY BX - CPT 88305 25

KIDNEY BX - EM - CPT 88348 25

STAIN GRP II - CPT 88313 120

IMMUNOFLUOR AB EA ADDTL MARKER - CPT 88350 400

CULTURE BACTERIAL (ROUTINE) - CPT 87070 60

FLOW CYTOMETRY FIRST MARKER - CPT 88184 25

ADDITIONAL MARKER - CPT 88185 360

EVEROLIMUS - CPT 80169 60

IMMUNOHISTO PER SPECIMEN EA ADD'L - CPT 88341 100

IMMUNOHISTO AB PER SPECIMEN 1ST - CPT 88342 25

TISSUE IN SITU HYBRIDIZATION/FISH EA ADDL - CPT

88364

TISSUE IN SITU HYBRIDIZATION/FISH - CPT 88365 25

HLA CLASS 1 FLOW HDID - CPT 86832 12

HLA CLASS 2 FLOW HDID - CPT 86833 12

LEVEL 4 SURG PATH 2 OR LESS BLOCKS - CPT 88305 25

GRAM STAIN - CPT 87205 75

ZBX2Y MICROARRAY CANCER - CPT 81277 8

ZB44G HEMATOLYMPHOID GENOMIC PANEL - CPT 81450 8

CHROMOSOME TISSUE/LEU/TUM ANALYSIS 20-25 CELLS

- CPT 88264

CHROMOSOME ANALYSIS 5 CELL SCR - CPT 88261 8

MOLECULAR CYTOGENETICS FISH PROBE - CPT 88271 8

MOLECULAR INTERPHASE HYBRIDIZATION 100-300

CELLS - CPT 88275

BETA-2 TRANSFERRIN - CPT 86335 8

BACTERIAL URINE CULTURE QT - CPT 87086 4200

URINE PRESUMPTIVE ID - CPT 87088 240

SENSITIVITY DISK METHOD/KB - CPT 87184 240

GN/GP/ST AST PHOENIX GRAM - CPT 87186 1500

PERIOD OF PERFORMANCE

One Year- January 01, 2026 to December 31, 2026

PERFORMANCE MEASURES

Performance measures, indicated in the Quality Assurance Surveillance Plan (QASP), are based on acceptable turnaround times, test completion, and error rates (Corrected Reports).

QUALIFICATIONS

- Current/Valid CMS CLIA Certificate for High Complexity Testing.

and

- Current/Valid Laboratory Accrediting Agency Certificate, i.e., College of American Pathologists (CAP), or

The Joint Commission (TJC)

HOURS OF PERFORMANCE

The contracting laboratory must be available to accept specimens seven (7) days a week and must have testing services available 24 hours a day, for those tests that can be ordered with STAT urgency.

CONTRACTOR FURNISHED PROPERTY AND PERSONNEL SERVICES

- Specimen Courier

- Special Collection Kits/Containers/Media/Biohazard Bags for tests performed by the contractor.

SPECIFIC TASKS

- The contractor will perform accurate laboratory testing.

- The contractor will provide test results within acceptable time frames for the specified testing. Finalized laboratory results/reports are available by providing access to electronic result data and faxed to the

P&LMS administrative office.

- The contractor’s specimen courier shall pick up laboratory specimens Monday – Friday, twice a day, at approximately 09:00a.m. and again at approximately 4:00p.m.

- The contractor shall schedule courier service, upon request, for any off route/STAT, night, and weekend specimen pickups.

MONITORING

The Contracting Officer’s Representative (COR), and the VAMC Laboratory Manager will monitor contractor performance as indicated in the Quality Assurance Surveillance Plan (QASP).

PAYMENT

Payment will be made monthly in arrears for services rendered after receipt of a proper invoice. The VA Medical

Center will establish and maintain a contract file. The Contractor must actually perform the required services in accordance with contract specifications in order to receive compensation.

- Invoices must contain the following information:

(a) Contract Number

(b) Dates of Services

(c) Patient Name and Medical Record Number

(d) Laboratory Test Name

(e) Test Charge/Price/CPT code

DATA SECURITY

- Information, including, but not limited to, veteran individually-identifiable information (iii) and personal healthcare information (PHI), gathered or created by the Contractor in the performance of this contract is the exclusive property of VA and must be received, gathered, stored, backed up, maintained, used, disclosed and disposed of in accordance with the terms of this contract and applicable federal and VA information confidentiality and security laws, regulations and policies, including VA Directive and

Handbook number 6500.

- The Contractor shall provide access to VA information to employees, subcontractors, and affiliates only:

(1) to the extent necessary to perform the services specified in this contract, (2) to perform necessary maintenance functions for electronic storage or transmission media necessary for performance of this contract, and (3) only to individuals who first satisfy the same conditions, requirements and restrictions that comparable VA employees must meet in order to have access to the same VA information. These restrictions include the same level of background investigations, where applicable.

- The Contractor shall immediately (on the date of discovery of the incident) report any incident of theft, loss or comprise of VA sensitive information to the Contracting Officer, the Contracting Officer’s Technical

Representative and any other VA Official designated by the Contracting Officer. This report shall be in writing and contain the fullest explanation possible and all the details of the incident available to the contractor. VA must receive notice fro the contractor on the date contractor discovers incident.

- HIPPA Compliance. The Contractor must adhere to the provisions of Public Law 104-191, Health

Insurance Portability and Accountability Act (HIPAA) of 1996 and the National Standards to Protect the

Privacy and Security of Protected Health Information (PHI)

CONTRACT ADMINISTRATION DATA

The contracting officer is the only person authorized to approve changes or modify any of the requirements under this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitments or issue changes, which will affect price, quantity, or quality of performance of this contract. In the event the contractor effects any such change at the direction of any person other than the contracting officer, the change shall be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE (COR)

A VA Medical center representative of the Contracting Officer (COR) shall be designated to represent the

Contracting Officer in furnishing technical guidance and advice regarding the work being performed under this task order. The foregoing is not to be construed as authorization to interpret or furnish advice or information to the Contractor relative to the financial or legal aspects of the task order. Enforcement of these segments is vested and the sole responsibility of the Contracting Officer.

RECORDS MANAGEMENT OBLIGATIONS

A. Applicability

This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

B. Definitions

“Federal Record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States

Government or because of the informational value of data in them.

The term Federal record:

1. includes [Agency] records.

2. does not include personal materials.

3. applies to records created, received, or maintained by Contractors pursuant to their [Agency] contract.

4. may include deliverables and documentation associated with deliverables.

C. Requirements

1. Contractor shall comply with all applicable records management laws and regulations, as well as National

Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records

Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and

33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C.

552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. RHJ VAMC and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of RHJ VAMC or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of

Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to RHJ VAMC. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The

Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to RHJ VAMC control or the Contractor must hold it until otherwise directed.

Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY

PROHIBITED unless in accordance with Paragraph (4).

6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and [FACILITY] guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with RHJ VAMC policy.

8. The Contractor shall not create or maintain any records containing any non-public RHJ VAMC information that are not specifically tied to or authorized by the contract.

9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

10. The RHJ VAMC owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which [FACILITY] shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

D. Flowdown of requirements to Subcontractors

1. The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same.

2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE FOR

INCLUSION INTO CONTRACTS, AS APPROPRIATE

ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with

VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

Contract personnel who require access to national security programs must have a valid security clearance. National

Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a

Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the

Office of Operations, Security, and Preparedness.

Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.

The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a

VA system or with access to VA information is reassigned or leaves the contractor or subcontractor’s employ. The

Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

VA INFORMATION CUSTODIAL LANGUAGE

Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data

- General, FAR 52.227-14(d) (1).

VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor’s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA’s information is returned to the VA or destroyed in accordance with VA’s sanitization requirements. VA reserves the right to conduct on site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive

6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable

VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal

Acquisition Regulation (FAR) part 12.

If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using

VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.

The contractor/subcontractor’s firewall and Web services security controls, if applicable, shall meet or exceed VA’s minimum requirements. VA Configuration Guidelines are available upon request.

Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA’s prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38

U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above-mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

For service that involves storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor

Security Control Assessment (CSCA) on a yearly basis and provide it to the COTR.

SECURITY INCIDENT INVESTIGATION

The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COTR and simultaneously, the designated ISO and Privacy

Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.

To the extent known by the contractor/subcontractor, the contractor/subcontractor’s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the

VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.

With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.

In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal violations associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident or obtain injunctive relief against any third party arising from, or related to, the incident.

LIQUIDATED DAMAGES FOR DATA BREACH

Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract.

The contractor/subcontractor shall provide notice to VA of a “security incident” as set forth in the Security Incident

Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA

Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.

a) Each risk analysis shall address all relevant information concerning the data breach, including the following:

b) Nature of the event (loss, theft, unauthorized access);

c) Description of the event, including:

d) date of occurrence;

e) data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code;

f) Number of individuals affected or potentially affected;

g) Names of individuals or groups affected or potentially affected;

h) Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text;

i) Amount of time the data has been out of VA control;

j) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons);

k) Known misuses of data containing sensitive personal information, if any;

l) Assessment of the potential harm to the affected individuals;

m) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and

n) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.

o) Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $ per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

p) Notification;

q) One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;

r) Data breach analysis;

s) Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution;

t) One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and

u) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs.

SECURITY CONTROLS COMPLIANCE TESTING

On a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all of the security controls and privacy practices implemented by the contractor under the clauses contained within the contract. With 10 working-day’s notice, at the request of the government, the contractor must fully cooperate and assist in a government-sponsored security controls assessment at each location wherein VA information is processed or stored, or information systems are developed, operated, maintained, or used on behalf of VA, including those initiated by the Office of Inspector General. The government may conduct a security control assessment on shorter notice (to include unannounced assessments) as determined by VA in the event of a security incident or at any other time.

End of SOW

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVICE

S

QUANTIT

Y

UNI

T UNIT PRICE AMOUNT

75.00 EA _________________

CPT CODE 87116 AFB CULTURE

Contract Period: Base

POP Begin: 01-01-2026

POP End: 12-31-2026

LOCAL STOCK NUMBER: 87116

CPT CODE 87206 - AFB SMEAR FLOURESCENT

Contract Period: Base

POP Begin: 01-01-2026

LOCAL STOCK NUMBER: 87206

AFB DIGESTION - CPT CODE 87015

Contract Period: Base

POP Begin: 01-01-2026

LOCAL STOCK NUMBER: 87015

25.00 EA _________________

CPT CODE 87206 PRIMARY SOURCE SMEAR OTHER

Contract Period: Base

POP Begin: 01-01-2026

50.00 EA _________________

CPT CODE 87176 - AFB FUNGAL CONC/HOMOGINIZATION

Contract Period: Base

POP Begin: 01-01-2026

LOCAL STOCK NUMBER: 87176

CPT CODE 87102 - FUNGAL CULTURE

Contract Period: Base

POP Begin: 01-01-2026

LOCAL STOCK NUMBER: 87102

CPT CODE 87206 - CALCAFLOUR STAIN

Contract Period: Base

POP Begin: 01-01-2026

750.00 EA _________________

CPT CODE 87077 - MALDI ID

Contract Period: Base

POP Begin: 01-01-2026

LOCAL STOCK NUMBER: 87077

CPT CODE 87181 - E TEST

Contract Period: Base

POP Begin: 01-01-2026

LOCAL STOCK NUMBER: 87181

40.00 EA _________________

CPT CODE 87075 - ANAEROBE CULTURE

Contract Period: Base

POP Begin: 01-01-2026

LOCAL STOCK NUMBER: 87075

10.00 EA _________________

CPT CODE 87556 - MTB PCR AND RIFAMPIN SENS

Contract Period: Base

POP Begin: 01-01-2026

LOCAL STOCK NUMBER: 87556

100.00 EA _________________

CPT CODE 80158 - CYCLOSPORIN

Contract Period: Base

POP Begin: 01-01-2026

LOCAL STOCK NUMBER: 80158

800.00 EA _________________

CPT CODE 80197 - FK-506 (TACROLIMUS)

Contract Period: Base

POP Begin: 01-01-2026

LOCAL STOCK NUMBER: 80197

40.00 EA _________________

CPT CODE 88346 - DIF STUDY EACH MARKER

Contract Period: Base

POP Begin: 01-01-2026

LOCAL STOCK NUMBER: 88346

CTP CODE 83874 - MYOGLOBIN URINE

Contract Period: Base

POP Begin: 01-01-2026

LOCAL STOCK NUMBER: 83874

CPT CODE 86022 - HEPARIN ASSOCIATED PLT AB

Contract Period: Base

POP Begin: 01-01-2026

LOCAL STOCK NUMBER: 86022

200.00 EA _________________

MISC (EMERGENCY) TEST

Contract Period: Base

POP Begin: 01-01-2026

LOCAL STOCK NUMBER: TEST

80.00 EA _________________

CPT CODE 87899 - CRYPTOCOCCUS

Contract Period: Base

POP Begin: 01-01-2026

LOCAL STOCK NUMBER: 87899

CPT CODE 85732 - MIXING STUDY

Contract Period: Base

POP Begin: 01-01-2026

LOCAL STOCK NUMBER: 85732

CPT CODE 85610 - PROTHROMBIN TIME

Contract Period: Base

POP Begin: 01-01-2026

LOCAL STOCK NUMBER: 85610

CPT CODE 85670 - THROMBIN TIME

Contract Period: Base

POP Begin: 01-01-2026

LOCAL STOCK NUMBER: 85670

CPT CODE 85730 - ACTIVATED PTT

Contract Period: Base

POP Begin: 01-01-2026

LOCAL STOCK NUMBER: 85730

CPT CODE 85576 - PF ADP INHIBITION

Contract Period: Base

POP Begin: 01-01-2026

LOCAL STOCK NUMBER: 85576

CPT CODE 88237 - BONE MARROW ASSOCIATED WORKUP

Contract Period: Base

POP Begin: 01-01-2026

LOCAL STOCK NUMBER: 88237

150.00 EA _________________

STAT COURIER

Contract Period: Base

POP Begin: 01-01-2026

LOCAL STOCK NUMBER: STAT

120.00 EA _________________

89060 EXAM SYNOVIAL FLUID CRYSTAL

Contract Period: Base

POP Begin: 01-01-2026

LOCAL STOCK NUMBER: 89060

88305 PANEL KIDNEY BX

Contract Period: Base

POP Begin: 01-01-2026

LOCAL STOCK NUMBER: 88305

88348 KIDNEY BX EXAM

Contract Period: Base

POP Begin: 01-01-2026

LOCAL STOCK NUMBER: 88348

120.00 EA _________________

88313 STAIN GRP 11

Contract Period: Base

POP Begin: 01-01-2026

LOCAL STOCK NUMBER: 88313

400.00 EA _________________

CPT 88350 IMMUNOFLUOR AB EA ADDTL MARKER

Contract Period: Base

POP Begin: 01-01-2026

LOCAL STOCK NUMBER: 88350

60.00 EA _________________

CPT 87070 CULTURE BACTERIAL (ROUTINE)

Contract Period: Base

POP Begin: 01-01-2026

LOCAL STOCK NUMBER: 87070

CPT 88184 FLOW CYTOMETRY FIRST MARKER

Contract Period: Base

POP Begin: 01-01-2026

LOCAL STOCK NUMBER: 88184

360.00 EA _________________

ADDITIONAL MARKER - CPT 88185

Contract Period: Base

POP Begin: 01-01-2026

LOCAL STOCK NUMBER: 88185

60.00 EA _________________

EVEROLIMUS - CPT 80169

Contract Period: Base

POP Begin: 01-01-2026

LOCAL STOCK NUMBER: 80169

100.00 EA _________________

IMMUNOHISTO PER SPECIMEN EA ADD'L - CPT 88341

Contract Period: Base

POP Begin: 01-01-2026

LOCAL STOCK NUMBER: 88341

IMMUNOHISTO AB PER SPECIMEN 1ST - CPT 88342

Contract Period: Base

POP Begin: 01-01-2026

LOCAL STOCK NUMBER: 88342

TISSUE IN SITU HYBRIDIZATION/FISH EA ADDL - CPT 88364

Contract Period: Base

POP Begin: 01-01-2026

LOCAL STOCK NUMBER: 88364

TISSUE IN SITU HYBRIDIZATION/FISH - CPT 88365

Contract Period: Base

POP Begin: 01-01-2026

LOCAL STOCK NUMBER: 88365

12.00 EA _________________

HLA CLASS 1 FLOW HDID - CPT 86832

Contract Period: Base

POP Begin: 01-01-2026

LOCAL STOCK NUMBER: 86832

12.00 EA _________________

HLA CLASS 2 FLOW HDID - CPT 86833

Contract Period: Base

POP Begin: 01-01-2026

LOCAL STOCK NUMBER: 86833

LEVEL 4 SURG PATH 2 OR LESS BLOCKS - CPT 88305

Contract Period: Base

POP Begin: 01-01-2026

LOCAL STOCK NUMBER: 88305

GRAM STAIN - CPT 87205

Contract Period: Base

POP Begin: 01-01-2026

LOCAL STOCK NUMBER: 87205

ZBX2Y MICROARRAY CANCER - CPT 81277

Contract Period: Base

POP Begin: 01-01-2026

LOCAL STOCK NUMBER: 81277

ZB44G HEMATOLYMPHOID GENOMIC PANEL - CPT 81450

Contract Period: Base

POP Begin: 01-01-2026

LOCAL STOCK NUMBER: 81450

CHROMOSOME TISSUE/LEU/TUM ANALYSIS 20-25 CELLS - CPT

88264

Contract Period: Base

POP Begin: 01-01-2026

LOCAL STOCK NUMBER: 88264

CHROMOSOME ANALYSIS 5 CELL SCR - CPT 88261

Contract Period: Base

POP Begin: 01-01-2026

LOCAL STOCK NUMBER: 88261

MOLECULAR CYTOGENETICS FISH PROBE - CPT 88271

Contract Period: Base

POP Begin: 01-01-2026

LOCAL STOCK NUMBER: 88271

MOLECULAR INTERPHASE HYBRIDIZATION 100-300 CELLS -

CPT 88275

Contract Period: Base

POP Begin: 01-01-2026

LOCAL STOCK NUMBER: 88275

8.00 EA _________________

BETA-2 TRANSFERRIN - CPT 86335

Contract Period: Base

POP Begin: 01-01-2026

LOCAL STOCK NUMBER: 86335

500.00 EA _________________

BACTERIAL URINE CULTURE QT - CPT 87086

Contract Period: Base

POP Begin: 01-01-2026

LOCAL STOCK NUMBER: 87086

240.00 EA _________________

URINE PRESUMPTIVE ID - CPT 87088

Contract Period: Base

POP Begin: 01-01-2026

LOCAL STOCK NUMBER: 87088

240.00 EA _________________

SENSITIVITY DISK METHOD/KB - CPT 87184

Contract Period: Base

POP Begin: 01-01-2026

LOCAL STOCK NUMBER: 87184

1,500.00 EA _________________

GN/GP/ST AST PHOENIX GRAM - CPT 87186

Contract Period: Base

POP Begin: 01-01-2026

LOCAL STOCK NUMBER: 87186

Neogenomics IGVH Mutation Analysis - 81263

Contract Period: Base

POP Begin: 01-01-2026

LOCAL STOCK NUMBER: 81263

Neogenomics BTK Inhibitor Resistance Panel - 81479

Contract Period: Base

POP Begin: 01-01-2026

LOCAL STOCK NUMBER: 81479

GRAND TOTAL _________________

B.3 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY DELIVERY DATE

0001-0055 SHIP TO: Ralph H. Johnson VAMC

109 Bee Street

Charleston, SC 29401

USA

See Price

Schedule

01/01/2026-12/31/2026

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.

(…