CSSD AGR26-01 - Direct Award Determination and Justification.PDF
PDF 3 MB Posted
- Attached to
- PCR Service Maintenance Contract
- Solicitation number
- CSSD 1400 AGR2600000001 1
- Issued by
- Hampshire County, West Virginia
About this file
Summary
This is a Direct Award Determination and Justification form from the West Virginia Department of Administration Purchasing Division for a maintenance contract with the West Virginia Department of Agriculture. The procurement seeks Applied Biosystems (AB) Assurance Plan maintenance services for laboratory equipment including two 7500 FAST Real Time PCR Systems, three Kingfisher Flex 96 DW Units, and four QuantStudio 5 PCR Systems used for rapid detection of high consequence diseases in animals. The solicitation number is CSSD 1400 AGR2600000001, issued on February 11, 2026, with a solicitation closing date of February 26, 2026. The contract will be performed at the Agriculture Department's Moorefield Field Office location and will cover a four-year term from February 7, 2026 through February 6, 2030. The maintenance services include one annual preventive maintenance visit per year, parts and labor for remedial repairs, guaranteed priority response time of two business days, telephone and email technical support, and remote monitoring and diagnostic services.
The total contract price is $289,454.90, with annual costs of $54,680.16 for year one, $74,394.26 for year two, $80,190.24 for year three, and $80,190.24 for year four. Life Technologies Corporation (applied through Thermo Fisher Scientific) is the sole source vendor, as the equipment requires proprietary data analysis software and service tools that only the manufacturer can access and maintain. The direct award is justified on the basis that the instruments are standardized by the National Veterinary Services Laboratory, maintenance is required to preserve the state's ISO 17025 accreditation and federal laboratory funding, and third-party service providers are strictly prohibited by manufacturer authorization. The poultry industry is identified as West Virginia's number one agriculture commodity, making rapid disease detection capabilities critical for economic protection and disease control.
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Date Printed: Feb 10, 2026 Page: 1 FORM ID: WV-PRC-CSSD-002 2020/05
Department of Administration Purchasing Division 2019 Washington Street East Post Office Box 50130 Charleston, WV 25305-0130
State of West Virginia Central Sole Source Determination
Laboratory
Proc Folder: 1878795 Reason for Modification:
Doc Description: PCR Service Maintenance Contract
Proc Type: Central Sole Source
Date Issued Solicitation Closes Solicitation No Version
2026-02-11 2026-02-26 13:30 CSSD 1400 AGR2600000001 1
BID RECEIVING LOCATION
BID CLERK
DEPARTMENT OF ADMINISTRATION
PURCHASING DIVISION
2019 WASHINGTON ST E
CHARLESTON
US
VENDOR
Vendor Customer Code:
Vendor Name :
Address :
Street :
City :
State : Country : Zip :
Principal Contact :
Vendor Contact Phone: Extension:
FOR INFORMATION CONTACT THE BUYER
Larry D McDonnell 304-558-2063 larry.d.mcdonnell@wv.gov
Vendor Signature X FEIN# DATE All offers subject to all terms and conditions contained in this solicitation
Date Printed: Feb 10, 2026 Page: 2 FORM ID: WV-PRC-CSSD-002 2020/05
ADDITIONAL INFORMATION
The West Virginia Purchasing Division has been requested to approve a Direct Award Purchase for maintenance contract for Agency owned Real-Time Polymerase Chain Reaction rapid detection instruments, pursuant to WV Code 5A-3-10c, the Purchasing Division is attempting to determine whether the commodity or service is a direct award procurement.
See the attached approved WV-65 and Vendor Quote for additional information.
INVOICE TO SHIP TO
AGRICULTURE DEPARTMENT OF
ADMINISTRATIVE SERVICES
1900 KANAWHA BLVD E
CHARLESTON WV 25305-0173
US
AGRICULTURE DEPARTMENT OF
MOOREFIELD FIELD OFFICE
60B INDUSTRIAL PARK RD
MOOREFIELD WV 26836-0302
US
Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 1 7500 Real-Time PCR System
Serial # 275011023
Comm Code Manufacturer Specification Model # 81101706
Extended Description:
7500 Real-Time PCR System Serial # 275011023
INVOICE TO SHIP TO
AGRICULTURE DEPARTMENT OF
ADMINISTRATIVE SERVICES
1900 KANAWHA BLVD E
CHARLESTON WV 25305-0173
US
AGRICULTURE DEPARTMENT OF
MOOREFIELD FIELD OFFICE
60B INDUSTRIAL PARK RD
MOOREFIELD WV 26836-0302
US
Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 2 7500 Real-Time PCR System
Serial # 275015975
Extended Description:
7500 Real-Time PCR System Serial # 275015975
Date Printed: Feb 10, 2026 Page: 3 FORM ID: WV-PRC-CSSD-002 2020/05
INVOICE TO SHIP TO
AGRICULTURE DEPARTMENT OF
ADMINISTRATIVE SERVICES
1900 KANAWHA BLVD E
CHARLESTON WV 25305-0173
US
AGRICULTURE DEPARTMENT OF
MOOREFIELD FIELD OFFICE
60B INDUSTRIAL PARK RD
MOOREFIELD WV 26836-0302
US
Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 3 Kingfisher Flex 96 DW Unit Serial #711-1781
Comm Code Manufacturer Specification Model # 81101706
Extended Description:
Kingfisher Flex 96 DW Unit Serial #711-1781
INVOICE TO SHIP TO
AGRICULTURE DEPARTMENT OF
ADMINISTRATIVE SERVICES
1900 KANAWHA BLVD E
CHARLESTON WV 25305-0173
US
AGRICULTURE DEPARTMENT OF
MOOREFIELD FIELD OFFICE
60B INDUSTRIAL PARK RD
MOOREFIELD WV 26836-0302
US
Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 4 Kingfisher Flex 96 DW Unit Serial
#711-8G0372
Extended Description:
Kingfisher Flex 96 DW Unit Serial #711-8G0372
Date Printed: Feb 10, 2026 Page: 4 FORM ID: WV-PRC-CSSD-002 2020/05
AGRICULTURE DEPARTMENT OF
ADMINISTRATIVE SERVICES
1900 KANAWHA BLVD E
CHARLESTON WV 25305-0173
US
AGRICULTURE DEPARTMENT OF
MOOREFIELD FIELD OFFICE
60B INDUSTRIAL PARK RD
MOOREFIELD WV 26836-0302
US
Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 5 Quantstudio 5 0.1 ML Block Serial
#272514021
Extended Description:
Quantstudio 5 0.1 ML Block Serial #272514021
INVOICE TO SHIP TO
AGRICULTURE DEPARTMENT OF
ADMINISTRATIVE SERVICES
1900 KANAWHA BLVD E
CHARLESTON WV 25305-0173
US
AGRICULTURE DEPARTMENT OF
MOOREFIELD FIELD OFFICE
60B INDUSTRIAL PARK RD
MOOREFIELD WV 26836-0302
US
Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 6 Quantstudio 5 0.1 ML Block Serial
#272514023
Quantstudio 5 0.1 ML Block Serial #272514023
Date Printed: Feb 10, 2026 Page: 5 FORM ID: WV-PRC-CSSD-002 2020/05
AGRICULTURE DEPARTMENT OF
ADMINISTRATIVE SERVICES
1900 KANAWHA BLVD E
CHARLESTON WV 25305-0173
US
AGRICULTURE DEPARTMENT OF
MOOREFIELD FIELD OFFICE
60B INDUSTRIAL PARK RD
MOOREFIELD WV 26836-0302
US
Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 7 7500 Fast Real Time PCR System Serial
#275011023
Extended Description:
7500 Fast Real Time PCR System Serial #275011023
INVOICE TO SHIP TO
AGRICULTURE DEPARTMENT OF
ADMINISTRATIVE SERVICES
1900 KANAWHA BLVD E
CHARLESTON WV 25305-0173
US
AGRICULTURE DEPARTMENT OF
MOOREFIELD FIELD OFFICE
60B INDUSTRIAL PARK RD
MOOREFIELD WV 26836-0302
US
Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 8 7500 Fast Real Time PCR System Serial
#275015975
7500 Fast Real Time PCR System Serial #275015975
Date Printed: Feb 10, 2026 Page: 6 FORM ID: WV-PRC-CSSD-002 2020/05
AGRICULTURE DEPARTMENT OF
ADMINISTRATIVE SERVICES
1900 KANAWHA BLVD E
CHARLESTON WV 25305-0173
US
AGRICULTURE DEPARTMENT OF
MOOREFIELD FIELD OFFICE
60B INDUSTRIAL PARK RD
MOOREFIELD WV 26836-0302
US
Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 9 Kingfisher Flex 96 DW Unit Serial #711-1781
Comm Code Manufacturer Specification Model # 81101706
Extended Description:
Kingfisher Flex 96 DW Unit Serial #711-1781
INVOICE TO SHIP TO
AGRICULTURE DEPARTMENT OF
ADMINISTRATIVE SERVICES
1900 KANAWHA BLVD E
CHARLESTON WV 25305-0173
US
AGRICULTURE DEPARTMENT OF
MOOREFIELD FIELD OFFICE
60B INDUSTRIAL PARK RD
MOOREFIELD WV 26836-0302
US
Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 10 Kingfisher Flex 96 DW Unit Serial
Date Printed: Feb 10, 2026 Page: 7 FORM ID: WV-PRC-CSSD-002 2020/05
AGRICULTURE DEPARTMENT OF
ADMINISTRATIVE SERVICES
1900 KANAWHA BLVD E
CHARLESTON WV 25305-0173
US
AGRICULTURE DEPARTMENT OF
MOOREFIELD FIELD OFFICE
60B INDUSTRIAL PARK RD
MOOREFIELD WV 26836-0302
US
Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 11 Quantstudio 5 0.1 ML Block Serial
Extended Description:
Quantstudio 5 0.1 ML Block Serial #272514021
INVOICE TO SHIP TO
AGRICULTURE DEPARTMENT OF
ADMINISTRATIVE SERVICES
1900 KANAWHA BLVD E
CHARLESTON WV 25305-0173
US
AGRICULTURE DEPARTMENT OF
MOOREFIELD FIELD OFFICE
60B INDUSTRIAL PARK RD
MOOREFIELD WV 26836-0302
US
Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 12 Quantstudio 5 0.1 ML Block Serial
Date Printed: Feb 10, 2026 Page: 8 FORM ID: WV-PRC-CSSD-002 2020/05
AGRICULTURE DEPARTMENT OF
ADMINISTRATIVE SERVICES
1900 KANAWHA BLVD E
CHARLESTON WV 25305-0173
US
AGRICULTURE DEPARTMENT OF
MOOREFIELD FIELD OFFICE
60B INDUSTRIAL PARK RD
MOOREFIELD WV 26836-0302
US
Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 13 Quantstudio 5 0.1 ML Block Serial
#272516171
Extended Description:
Quantstudio 5 0.1 ML Block Serial #272516171
INVOICE TO SHIP TO
AGRICULTURE DEPARTMENT OF
ADMINISTRATIVE SERVICES
1900 KANAWHA BLVD E
CHARLESTON WV 25305-0173
US
AGRICULTURE DEPARTMENT OF
MOOREFIELD FIELD OFFICE
60B INDUSTRIAL PARK RD
MOOREFIELD WV 26836-0302
US
Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 14 Quantstudio 5 0.1 ML Block Serial
#272516164
Quantstudio 5 0.1 ML Block Serial #272516164
Date Printed: Feb 10, 2026 Page: 9 FORM ID: WV-PRC-CSSD-002 2020/05
AGRICULTURE DEPARTMENT OF
ADMINISTRATIVE SERVICES
1900 KANAWHA BLVD E
CHARLESTON WV 25305-0173
US
AGRICULTURE DEPARTMENT OF
MOOREFIELD FIELD OFFICE
60B INDUSTRIAL PARK RD
MOOREFIELD WV 26836-0302
US
Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 15 Kingfisher Flex 96 DW Unit Serial
#711-8GF00620
Extended Description:
Kingfisher Flex 96 DW Unit Serial #711-8GF00620
INVOICE TO SHIP TO
AGRICULTURE DEPARTMENT OF
ADMINISTRATIVE SERVICES
1900 KANAWHA BLVD E
CHARLESTON WV 25305-0173
US
AGRICULTURE DEPARTMENT OF
MOOREFIELD FIELD OFFICE
60B INDUSTRIAL PARK RD
MOOREFIELD WV 26836-0302
US
Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 16 7500 Fast Real Time PCR System Serial
7500 Fast Real Time PCR System Serial #275011023
Date Printed: Feb 10, 2026 Page: 10 FORM ID: WV-PRC-CSSD-002 2020/05
AGRICULTURE DEPARTMENT OF
ADMINISTRATIVE SERVICES
1900 KANAWHA BLVD E
CHARLESTON WV 25305-0173
US
AGRICULTURE DEPARTMENT OF
MOOREFIELD FIELD OFFICE
60B INDUSTRIAL PARK RD
MOOREFIELD WV 26836-0302
US
Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 17 7500 Fast Real Time PCR System Serial
Extended Description:
7500 Fast Real Time PCR System Serial #275015975
INVOICE TO SHIP TO
AGRICULTURE DEPARTMENT OF
ADMINISTRATIVE SERVICES
1900 KANAWHA BLVD E
CHARLESTON WV 25305-0173
US
AGRICULTURE DEPARTMENT OF
MOOREFIELD FIELD OFFICE
60B INDUSTRIAL PARK RD
MOOREFIELD WV 26836-0302
US
Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 18 Kingfisher Flex 96 DW Unit Serial #711-1781
Comm Code Manufacturer Specification Model # 81101706
Kingfisher Flex 96 DW Unit Serial #711-1781
Date Printed: Feb 10, 2026 Page: 11 FORM ID: WV-PRC-CSSD-002 2020/05
AGRICULTURE DEPARTMENT OF
ADMINISTRATIVE SERVICES
1900 KANAWHA BLVD E
CHARLESTON WV 25305-0173
US
AGRICULTURE DEPARTMENT OF
MOOREFIELD FIELD OFFICE
60B INDUSTRIAL PARK RD
MOOREFIELD WV 26836-0302
US
Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 19 Kingfisher Flex 96 DW Unit Serial
Extended Description:
Kingfisher Flex 96 DW Unit Serial #711-8G0372
INVOICE TO SHIP TO
AGRICULTURE DEPARTMENT OF
ADMINISTRATIVE SERVICES
1900 KANAWHA BLVD E
CHARLESTON WV 25305-0173
US
AGRICULTURE DEPARTMENT OF
MOOREFIELD FIELD OFFICE
60B INDUSTRIAL PARK RD
MOOREFIELD WV 26836-0302
US
Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 20 Quantstudio 5 0.1 ML Block Serial
Quantstudio 5 0.1 ML Block Serial #272514021
Date Printed: Feb 10, 2026 Page: 12 FORM ID: WV-PRC-CSSD-002 2020/05
AGRICULTURE DEPARTMENT OF
ADMINISTRATIVE SERVICES
1900 KANAWHA BLVD E
CHARLESTON WV 25305-0173
US
AGRICULTURE DEPARTMENT OF
MOOREFIELD FIELD OFFICE
60B INDUSTRIAL PARK RD
MOOREFIELD WV 26836-0302
US
Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 21 Quantstudio 5 0.1 ML Block Serial
Extended Description:
Quantstudio 5 0.1 ML Block Serial #272514023
INVOICE TO SHIP TO
AGRICULTURE DEPARTMENT OF
ADMINISTRATIVE SERVICES
1900 KANAWHA BLVD E
CHARLESTON WV 25305-0173
US
AGRICULTURE DEPARTMENT OF
MOOREFIELD FIELD OFFICE
60B INDUSTRIAL PARK RD
MOOREFIELD WV 26836-0302
US
Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 22 Quantstudio 5 0.1 ML Block Serial
Quantstudio 5 0.1 ML Block Serial #272516171
Date Printed: Feb 10, 2026 Page: 13 FORM ID: WV-PRC-CSSD-002 2020/05
AGRICULTURE DEPARTMENT OF
ADMINISTRATIVE SERVICES
1900 KANAWHA BLVD E
CHARLESTON WV 25305-0173
US
AGRICULTURE DEPARTMENT OF
MOOREFIELD FIELD OFFICE
60B INDUSTRIAL PARK RD
MOOREFIELD WV 26836-0302
US
Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 23 Quantstudio 5 0.1 ML Block Serial
Extended Description:
Quantstudio 5 0.1 ML Block Serial #272516164
INVOICE TO SHIP TO
AGRICULTURE DEPARTMENT OF
ADMINISTRATIVE SERVICES
1900 KANAWHA BLVD E
CHARLESTON WV 25305-0173
US
AGRICULTURE DEPARTMENT OF
MOOREFIELD FIELD OFFICE
60B INDUSTRIAL PARK RD
MOOREFIELD WV 26836-0302
US
Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 24 Kingfisher Flex 96 DW Unit Serial
Kingfisher Flex 96 DW Unit Serial #711-8GF00620
Date Printed: Feb 10, 2026 Page: 14 FORM ID: WV-PRC-CSSD-002 2020/05
AGRICULTURE DEPARTMENT OF
ADMINISTRATIVE SERVICES
1900 KANAWHA BLVD E
CHARLESTON WV 25305-0173
US
AGRICULTURE DEPARTMENT OF
MOOREFIELD FIELD OFFICE
60B INDUSTRIAL PARK RD
MOOREFIELD WV 26836-0302
US
Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 25 7500 Fast Real Time PCR System Serial
Extended Description:
7500 Fast Real Time PCR System Serial #275011023
INVOICE TO SHIP TO
AGRICULTURE DEPARTMENT OF
ADMINISTRATIVE SERVICES
1900 KANAWHA BLVD E
CHARLESTON WV 25305-0173
US
AGRICULTURE DEPARTMENT OF
MOOREFIELD FIELD OFFICE
60B INDUSTRIAL PARK RD
MOOREFIELD WV 26836-0302
US
Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 26 7500 Fast Real Time PCR System Serial
7500 Fast Real Time PCR System Serial #275015975
Date Printed: Feb 10, 2026 Page: 15 FORM ID: WV-PRC-CSSD-002 2020/05
AGRICULTURE DEPARTMENT OF
ADMINISTRATIVE SERVICES
1900 KANAWHA BLVD E
CHARLESTON WV 25305-0173
US
AGRICULTURE DEPARTMENT OF
MOOREFIELD FIELD OFFICE
60B INDUSTRIAL PARK RD
MOOREFIELD WV 26836-0302
US
Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 27 Kingfisher Flex 96 DW Unit Serial #711-1781
Comm Code Manufacturer Specification Model # 81101706
Extended Description:
Kingfisher Flex 96 DW Unit Serial #711-1781
INVOICE TO SHIP TO
AGRICULTURE DEPARTMENT OF
ADMINISTRATIVE SERVICES
1900 KANAWHA BLVD E
CHARLESTON WV 25305-0173
US
AGRICULTURE DEPARTMENT OF
MOOREFIELD FIELD OFFICE
60B INDUSTRIAL PARK RD
MOOREFIELD WV 26836-0302
US
Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 28 Kingfisher Flex 96 DW Unit Serial
Date Printed: Feb 10, 2026 Page: 16 FORM ID: WV-PRC-CSSD-002 2020/05
AGRICULTURE DEPARTMENT OF
ADMINISTRATIVE SERVICES
1900 KANAWHA BLVD E
CHARLESTON WV 25305-0173
US
AGRICULTURE DEPARTMENT OF
MOOREFIELD FIELD OFFICE
60B INDUSTRIAL PARK RD
MOOREFIELD WV 26836-0302
US
Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 29 Quantstudio 5 0.1 ML Block Serial
Extended Description:
Quantstudio 5 0.1 ML Block Serial #272514021
INVOICE TO SHIP TO
AGRICULTURE DEPARTMENT OF
ADMINISTRATIVE SERVICES
1900 KANAWHA BLVD E
CHARLESTON WV 25305-0173
US
AGRICULTURE DEPARTMENT OF
MOOREFIELD FIELD OFFICE
60B INDUSTRIAL PARK RD
MOOREFIELD WV 26836-0302
US
Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 30 Quantstudio 5 0.1 ML Block Serial
Date Printed: Feb 10, 2026 Page: 17 FORM ID: WV-PRC-CSSD-002 2020/05
AGRICULTURE DEPARTMENT OF
ADMINISTRATIVE SERVICES
1900 KANAWHA BLVD E
CHARLESTON WV 25305-0173
US
AGRICULTURE DEPARTMENT OF
MOOREFIELD FIELD OFFICE
60B INDUSTRIAL PARK RD
MOOREFIELD WV 26836-0302
US
Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 31 Quantstudio 5 0.1 ML Block Serial
Extended Description:
Quantstudio 5 0.1 ML Block Serial #272516171
INVOICE TO SHIP TO
AGRICULTURE DEPARTMENT OF
ADMINISTRATIVE SERVICES
1900 KANAWHA BLVD E
CHARLESTON WV 25305-0173
US
AGRICULTURE DEPARTMENT OF
MOOREFIELD FIELD OFFICE
60B INDUSTRIAL PARK RD
MOOREFIELD WV 26836-0302
US
Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 32 Quantstudio 5 0.1 ML Block Serial
Quantstudio 5 0.1 ML Block Serial #272516164
Date Printed: Feb 10, 2026 Page: 18 FORM ID: WV-PRC-CSSD-002 2020/05
AGRICULTURE DEPARTMENT OF
ADMINISTRATIVE SERVICES
1900 KANAWHA BLVD E
CHARLESTON WV 25305-0173
US
AGRICULTURE DEPARTMENT OF
MOOREFIELD FIELD OFFICE
60B INDUSTRIAL PARK RD
MOOREFIELD WV 26836-0302
US
Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 33 Kingfisher Flex 96 DW Unit Serial
Extended Description:
Kingfisher Flex 96 DW Unit Serial #711-8GF00620
SCHEDULE OF EVENTS
Line Event Event Date
West Virginia Purchasing Division Direct Award Posting (WV-65) Supplemental Information
Page 1 of 2 WV-65 Supplemental Information
Description of Commodity or Service for Which a Direct Award Will be Made (Explain in complete detail so that anyone viewing this document will understand the need):
Applied Biosystems (AB) Assurance Plan. Maintenance contract for KingFisher Flex (Serial #s 711-1781; 711-8G0372;711-8GF00620) and 7500 FAST Real Time PCR System (Serial #s 275011023 and 275015975) and QuantStudio 5 PCR System (Serial #s 272514021;
272514023; 272516171; 272516164) This is a maintenance contract for our current instruments for Real-Time Polymerase Chain Reaction rapid detection of high consequence diseases in animals. The KingFisher Flex instruments are used to extract the RNA (Ribonucleic Acid) strain. The ABI 7500s and the QuantStudio 5 instruments are thermocyclers that replicate the RNA and if present, will amplify the virus that has a fluorescence tag so it can quantified. Maintenance contract for critical equipment are requited to maintain our ISO 17025 accreditation.
1. No charge 1 preventative maintenance (PM) visit
2. Parts, labor and travel for remedial repairs
3. Guaranteed priority response time of 2 business days after receipt of a service call
4. Target response time of 3 business days for remedial repair
5. Telephone and email access to technical application support
6. Priority telephone and email access instrument technical support
7. Remote Monitoring and Dx Service for instrument failures or errors
2. Explain why the direct award is in the best interest of the state.
The AB Assurance plan is designed to maximize instrument performance and help ensure availability of critical systems. It will help maintain continuity of operations with preventive maintenance, proactive instrument monitoring, and a fast response if our instrument requires repair. These essential instruments are used for critical polymerase chain reactions for rapid detection of highly pathogenic avian influenza as well as other foreign animal diseases. Rapid detection is essential to controlling disease spread. Third-party resellers and service providers are strictly prohibited and unauthorized to access, use, or sell this software. The poultry industry is West Virginia’s number 1 agriculture commodity.
It is essential to maintain this critical equipment to provide this service to our poultry companies as well as farmers. Rapid detection is essential to controlling disease spread.
The instrument used is standardized by the National Veterinary Services Laboratory. The
West Virginia Purchasing Division Direct Award Posting (WV-65) Supplemental Information
Page 2 of 2 WV-65 Supplemental Information instruments cannot be used without the software to analyze the data. No other vendor can access the software to assist with troubleshooting. This is maintenance on current instrumentation used in laboratory and maintenance is required to maintain accreditation.
Without accreditation, the state would lose our federal funding for the laboratory.
3. The following information is required to process the direct award request. (Failure to address the following will result in denial of the request.)
A. The time period by which delivery must be made or performance must occur:
Maintenance service period for the first year: 02/07/26 through 02/06/27; 2nd year 02/07/27 through 02/06/28; 3rd year 02/07/28 through 02/06/29; 4th year 02/07/29 through 02/26/30.
B. The price that will be paid for the commodity or service (include vendor quote):
1st year: $54,680.16; 2nd year $74394.26; 3rd year $80,190.24; 4th year $80,190.24. Total:
$289,454.90
C. Any limitations that a competing vendor would need to satisfy:
Instruments require data analysis software to analyze and evaluate results. Vendor would need to be able to access, service and maintain data collection software and service tool software for the following instruments: KingFisher Flex, ABI 7500, and the QuantStudio 5.
0010 1 7500 FAST Real Time PCR System (275011023) AB Assurance 1PM
$ 9,740.04 Begin Date: 02/07/2026 End Date: 02/06/2027
0020 1 7500 FAST Real Time PCR System (275015975) AB Assurance 1PM
$ 9,740.04 Begin Date: 02/07/2026 End Date: 02/06/2027
0030 1 KINGFISHER FLEX ,96 DW UNIT (711-1781) AB Assurance 1PM $ 9,690.00
Begin Date: 02/07/2026 End Date: 02/06/2027
0040 1 KINGFISHER FLEX ,96 DW UNIT (711-8G0372) AB Assurance 1PM $ 9,690.00
Begin Date: 02/07/2026 End Date: 02/06/2027
0050 1 QUANTSTUDIO 5, 0.1ML BLOCK (272514021) AB Assurance 1PM $ 7,910.04
TO
TELEPHONE: 304-538-2397
FAX:
YOUR REFERENCE:
QUOTE NO. 40763942
ORIGINAL QUOTATION DATE 08/04/2025
REVISION DATE 11/19/2025
EFFECTIVE 02/07/2026 TO 02/06/2030
QUOTE VALID TO 02/06/2026
Customer PO No.
ACCEPTED BY CUSTOMER
Signature of authorized person
Please print name and t it le Date
Yanna Fytopoulos
Service Sales Representat ive
Maestro User 11/19/2025
Prepared by Date
Terms of payment are net 30 days from invoice date. This quotation is subject to the terms and condit ions attached. Stenographical and clerical errors on the face of this form are subject to correction.
NOTE: Customer is responsible for applicable taxes, including sales, use and/or excise tax.
PLEASE SIGN THIS SERVICE AGREEMENT QUOTATION AND RETURN A COPY ALONG WITH YOUR PURCHASE ORDER.
ITEM QTY. EQUIPMENT DESCRIPTION/ SERIAL COVERAGE EXTENDED
NO. EFFECTIVE DATES/ NOTES NUMBER PRICE
USD
Life Technologies Corporation North American Sales and Service Attn: Service Contract Administration Mailstop: PLE C-1 5781 Van Allen Way Carlsbad, CA 92008 Tel: 1-800-955-6288, opt ion 3,3 Email: service.sales@thermofisher.com
This agreement is entered into betw een Life Technologies and the undersigned Customer in consideration of the payments provided for in this Agreement. Subject to the terms and conditions of this Agreement, Life Technologies agrees to perform the services set forth on the attachment to this Agreement on the equipment listed below for the period described.
~ NOTICE OF CONFIDENTIALITY~ The contents of this quotation including but not limited to pricing and services information are confidential to Life Technologies and/or its affiliate(s). This quote and its contents are intended only for the customer named in this quote and not for distribution to any third party.
Begin Date: 02/07/2026 End Date: 02/06/2027
0060 1 QUANTSTUDIO 5, 0.1ML BLOCK (272514023) AB Assurance 1PM $ 7,910.04
Begin Date: 02/07/2026 End Date: 02/06/2027
0070 1 7500 FAST Real Time PCR System (275011023) AB Assurance 1PM
$ 9,740.04 Begin Date: 02/07/2027 End Date: 02/06/2028
0080 1 7500 FAST Real Time PCR System (275015975) AB Assurance 1PM
$ 9,740.04 Begin Date: 02/07/2027 End Date: 02/06/2028
0090 1 KINGFISHER FLEX ,96 DW UNIT (711-1781) AB Assurance 1PM $ 9,690.00
Begin Date: 02/07/2027 End Date: 02/06/2028
0100 1 KINGFISHER FLEX ,96 DW UNIT (711-8G0372) AB Assurance 1PM $ 9,690.00
Begin Date: 02/07/2027 End Date: 02/06/2028
0110 1 QUANTSTUDIO 5, 0.1ML BLOCK (272514021) AB Assurance 1PM $ 7,910.04
Begin Date: 02/07/2027 End Date: 02/06/2028
0120 1 QUANTSTUDIO 5, 0.1ML BLOCK (272514023) AB Assurance 1PM $ 7,910.04
Begin Date: 02/07/2027 End Date: 02/06/2028
0130 1 QUANTSTUDIO 5, 0.1ML BLOCK (272516171) AB Assurance 1PM $ 6,112.85
Begin Date: 04/29/2027 End Date: 02/06/2028
0140 1 QUANTSTUDIO 5, 0.1ML BLOCK (272516164) AB Assurance 1PM $ 6,112.85
Begin Date: 04/29/2027 End Date: 02/06/2028
0150 1 KINGFISHER FLEX ,96 DW UNIT (711-8GF00620) AB Assurance 1PM $ 7,488.40
Begin Date: 04/29/2027 End Date: 02/06/2028
QUOTE NO. 40763942
ORIGINAL QUOTATION DATE 08/04/2025
REVISION DATE 11/19/2025
EFFECTIVE 02/07/2026 TO 02/06/2030
QUOTE VALID TO 02/06/2026
ITEM QTY. EQUIPMENT DESCRIPTION/ SERIAL COVERAGE EXTENDED
NO. EFFECTIVE DATES/ NOTES NUMBER PRICE
USD
Life Technologies Corporation North American Sales and Service Attn: Service Contract Administration Mailstop: PLE C-1 5781 Van Allen Way Carlsbad, CA 92008 Tel: 1-800-955-6288, opt ion 3,3 Email: service.sales@thermofisher.com
~ NOTICE OF CONFIDENTIALITY~ The contents of this quotation including but not limited to pricing and services information are confidential to Life Technologies and/or its affiliate(s). This quote and its contents are intended only for the customer named in this quote
0160 1 7500 FAST Real Time PCR System (275011023) AB Assurance 1PM
$ 9,740.04 Begin Date: 02/07/2028 End Date: 02/06/2029
0170 1 7500 FAST Real Time PCR System (275015975) AB Assurance 1PM
$ 9,740.04 Begin Date: 02/07/2028 End Date: 02/06/2029
0180 1 KINGFISHER FLEX ,96 DW UNIT (711-1781) AB Assurance 1PM $ 9,690.00
Begin Date: 02/07/2028 End Date: 02/06/2029
0190 1 KINGFISHER FLEX ,96 DW UNIT (711-8G0372) AB Assurance 1PM $ 9,690.00
Begin Date: 02/07/2028 End Date: 02/06/2029
0200 1 QUANTSTUDIO 5, 0.1ML BLOCK (272514021) AB Assurance 1PM $ 7,910.04
Begin Date: 02/07/2028 End Date: 02/06/2029
0210 1 QUANTSTUDIO 5, 0.1ML BLOCK (272514023) AB Assurance 1PM $ 7,910.04
Begin Date: 02/07/2028 End Date: 02/06/2029
0220 1 QUANTSTUDIO 5, 0.1ML BLOCK (272516171) AB Assurance 1PM $ 7,910.04
Begin Date: 02/07/2028 End Date: 02/06/2029
0230 1 QUANTSTUDIO 5, 0.1ML BLOCK (272516164) AB Assurance 1PM $ 7,910.04
Begin Date: 02/07/2028 End Date: 02/06/2029
0240 1 KINGFISHER FLEX ,96 DW UNIT (711-8GF00620) AB Assurance 1PM $ 9,690.00
Begin Date: 02/07/2028 End Date: 02/06/2029
0250 1 7500 FAST Real Time PCR System (275011023) AB Assurance 1PM
$ 9,740.04 Begin Date: 02/07/2029 End Date: 02/06/2030
QUOTE NO. 40763942
ORIGINAL QUOTATION DATE 08/04/2025
REVISION DATE 11/19/2025
EFFECTIVE 02/07/2026 TO 02/06/2030
QUOTE VALID TO 02/06/2026
ITEM QTY. EQUIPMENT DESCRIPTION/ SERIAL COVERAGE EXTENDED
NO. EFFECTIVE DATES/ NOTES NUMBER PRICE
USD
Life Technologies Corporation North American Sales and Service Attn: Service Contract Administration Mailstop: PLE C-1 5781 Van Allen Way Carlsbad, CA 92008 Tel: 1-800-955-6288, opt ion 3,3 Email: service.sales@thermofisher.com
~ NOTICE OF CONFIDENTIALITY~ The contents of this quotation including but not limited to pricing and services information are confidential to Life Technologies and/or its affiliate(s). This quote and its contents are intended only for the customer named in this quote
0260 1 7500 FAST Real Time PCR System (275015975) AB Assurance 1PM
$ 9,740.04 Begin Date: 02/07/2029 End Date: 02/06/2030
0270 1 KINGFISHER FLEX ,96 DW UNIT (711-1781) AB Assurance 1PM $ 9,690.00
Begin Date: 02/07/2029 End Date: 02/06/2030
0280 1 KINGFISHER FLEX ,96 DW UNIT (711-8G0372) AB Assurance 1PM $ 9,690.00
Begin Date: 02/07/2029 End Date: 02/06/2030
0290 1 QUANTSTUDIO 5, 0.1ML BLOCK (272514021) AB Assurance 1PM $ 7,910.04
Begin Date: 02/07/2029 End Date: 02/06/2030
0300 1 QUANTSTUDIO 5, 0.1ML BLOCK (272514023) AB Assurance 1PM $ 7,910.04
Begin Date: 02/07/2029 End Date: 02/06/2030
0310 1 QUANTSTUDIO 5, 0.1ML BLOCK (272516171) AB Assurance 1PM $ 7,910.04
Begin Date: 02/07/2029 End Date: 02/06/2030
0320 1 QUANTSTUDIO 5, 0.1ML BLOCK (272516164) AB Assurance 1PM $ 7,910.04
Begin Date: 02/07/2029 End Date: 02/06/2030
0330 1 KINGFISHER FLEX ,96 DW UNIT (711-8GF00620) AB Assurance 1PM $ 9,690.00
Begin Date: 02/07/2029 End Date: 02/06/2030
Total net price: $ 289,454.90
QUOTE NO. 40763942
ORIGINAL QUOTATION DATE 08/04/2025
REVISION DATE 11/19/2025
EFFECTIVE 02/07/2026 TO 02/06/2030
QUOTE VALID TO 02/06/2026
ITEM QTY. EQUIPMENT DESCRIPTION/ SERIAL COVERAGE EXTENDED
NO. EFFECTIVE DATES/ NOTES NUMBER PRICE
USD
Life Technologies Corporation North American Sales and Service Attn: Service Contract Administration Mailstop: PLE C-1 5781 Van Allen Way Carlsbad, CA 92008 Tel: 1-800-955-6288, opt ion 3,3 Email: service.sales@thermofisher.com
~ NOTICE OF CONFIDENTIALITY~ The contents of this quotation including but not limited to pricing and services information are confidential to Life Technologies and/or its affiliate(s). This quote and its contents are intended only for the customer named in this quote
Contract Notes:
Quoted price is valid only if the purchase order is received on or before the quotat ion valid-to date.
Lock in today' s service contract price for 2 or more years.
To expedite your order, the signed service agreement and purchase order may be emailed to service.sales@lifetech.com.
Please issue the purchase order to Life Technologies and include the follow ing:
-Quotat ion number -Billing address -Instrument(s) locat ion
-Payment is due 30 days from invoice date.
-Applicable taxes are extra.
NOTE: If you submit PO' s through a B2B system, please include this Quote # in the comments sect ion to ensure proper processing.
Please contact your Service Sales Representative for more informat ion.
Yanna Fytopoulos direct tel: (614) 208-7295 direct email: yanna.fytopoulos@thermofisher.com team email: Service.Sales@LifeTech.com
QUOTE NO. 40763942
ORIGINAL QUOTATION DATE 08/04/2025
REVISION DATE 11/19/2025
EFFECTIVE 02/07/2026 TO 02/06/2030
QUOTE VALID TO 02/06/2026
ITEM QTY. EQUIPMENT DESCRIPTION/ SERIAL COVERAGE EXTENDED
NO. EFFECTIVE DATES/ NOTES NUMBER PRICE
USD
Life Technologies Corporation North American Sales and Service Attn: Service Contract Administration Mailstop: PLE C-1 5781 Van Allen Way Carlsbad, CA 92008 Tel: 1-800-955-6288, opt ion 3,3 Email: service.sales@thermofisher.com
~ NOTICE OF CONFIDENTIALITY~ The contents of this quotation including but not limited to pricing and services information are confidential to Life Technologies and/or its affiliate(s). This quote and its contents are intended only for the customer named in this quote
The Life Service Agreement Terms and Conditions set forth below after the Plan description(s) are incorporated into and are an integral part of each Service Plan, and are agreed to by you as part of any Service Plan ordered.
1. Parts, labor and travel for remedial repair.
2. No charge for planned maintenance visits. The number of planned maintenance visits is indicated in LT' s quotat ion (A).
The annual planned maintenance (PM) visit is automatically opened and w ill be performed w ithin the contract period.
Should you have an immediate need to request and/or schedule your PM, please contact our Instrument Care Center at 800-955-6288 option 3,1 or email them at InstrumentServices@Lifetech.com to schedule. This PM visit ensures optimal performance of your instrument, of ten preventing major breakdow ns before they happen.
3. Guaranteed priority response t ime of 2 business days after receipt of a service call for instruments located in LT' s Service Zones 1 and Zone 2. If LT fails to arrive at the instrument locat ion w ithin Zone 1 or Zone 2 w ithin 2 business days for reasons other than customer' s failure to provide access to LT or causes beyond the reasonable control of LT, LT w ill provide customer a service plan renewal credit in an amount equivalent to one day' s pro-rated charge for each day LT' s response is late. (See foot-note (B) for call t ime cut of f, other details, and terms and condit ions).
4. Target response time of 3 business days for remedial repairs outside of Zones 1 and 2. LT w ill use reasonable efforts to respond w ithin 3 business days from receipt of a service call.
5. Priority telephone and email access to instrument technical support.
6. Telephone and email access to applicat ion technical support.
7. Remote Monitoring and Dx Service, w hich provides for notif icat ion to customer of instrument failures or errors that are reported by
AB' s Remote Monitoring softw are.
It is customer' s responsibility to provide access to LT so LT may complete service, planned maintenance, Installat ion Performance Verif ication, and other service calls w ithin the plan period. Calls not completed w ithin a plan period w ill be cancelled unless LT failed to make reasonable ef forts to complete the call w ithin the plan period.
(A) Planned maintenance visits are intended to minimize the need for service calls. LT may perform more than the number of planned maintenance visits indicated in LT' s quotation, at LT' s discret ion. Customer w ill not be charged for any planned maintenance visits made during the plan period, except for visits that are in addit ion to the number indicated in LT' s quotat ion that are requested by customer.
(B) A service call must be received by LT' s service center before 2:00 PM local t ime (U.S.A. Eastern, Central, Mountain, or Pacif ic t ime) for priority response time service. Each late day' s pro-rated credit is an amount equal to 1/365th of the annual fee for the service plan covering the instrument w ith respect to which the service call was made. If a service plan covers more than one instrument, the pro-rata credit is determined by allocating a pro-rata port ion of the plan' s annual fee to the instrument w ith respect to which the service call w as made. The credit may be used by customer when renew ing its current service plan covering that instrument for a consecutive period, as a credit against plan fees. To be eligible to use the credit , LT' s Service Plan Administrator must receive not ice in w rit ing (e-mail not if ication is satisfactory) of the customer' s intention to use the credit for a renew al at the t ime of renewal, but in any event no later than f if teen (15) days after the expirat ion of the service plan period in which the credit w as earned. The credit described above is LT' s sole obligation and customer' s sole remedy for failure of LT to respond to a service call w ithin one business day for the LT Complete Plan and LT Uptime Plan and tw o business days for the LT Assurance Plan. The address of LT' s Service Plan Administrator is Life Technologies Service Plan Administrator, 6065 Sunol Blvd Pleasanton, CA 94566 (e-mail: Service.Sales@LifeTech.com).
QUOTE NO. 40763942
ORIGINAL QUOTATION DATE 08/04/2025
REVISION DATE 11/19/2025
EFFECTIVE 02/07/2026 TO 02/06/2030
QUOTE VALID TO 02/06/2026
ITEM QTY. EQUIPMENT DESCRIPTION/ SERIAL COVERAGE EXTENDED
NO. EFFECTIVE DATES/ NOTES NUMBER PRICE
USD
Life Technologies Corporation North American Sales and Service Attn: Service Contract Administration Mailstop: PLE C-1 5781 Van Allen Way Carlsbad, CA 92008 Tel: 1-800-955-6288, opt ion 3,3 Email: service.sales@thermofisher.com
~ NOTICE OF CONFIDENTIALITY~ The contents of this quotation including but not limited to pricing and services information are confidential to Life Technologies and/or its affiliate(s). This quote and its contents are intended only for the customer named in this quote
To reduce the number of pages, we are direct ing you to Life' s Instrument Services Terms and Condit ions on our website. Please read the important statement below carefully.
This quotat ion, and Life' s INSTRUMENT SERVICES TERMS and CONDITIONS (which are incorporated by reference into this quotat ion and any result ing contract), set out the terms on which Life is offering to sell the service(s) listed in this quotation. By issuing a purchase order or otherw ise ordering or accepting services, you expressly conf irm that you intend to be bound by and agree to the terms of this quotation and Life' s Instrument Services Terms and Condit ions to the exclusion of all other terms not expressly agreed to in w rit ing by an authorized representat ive of Life, and that the purchase and sale transact ion betw een you and Life is subject to and w ill be governed by this quotation and Life' s Instrument Services Terms and Condit ions.
Life' s Instrument Services Terms and Conditions can be found on Life' s w ebsite at ht tp://w ww .lifetechnologies.com/termsandconditions under the " terms and condit ions" link at the bot tom of Life' s w ebpage.
If you have any quest ions, please visit our website at w ww .lifetechnologies.com.
QUOTE NO. 40763942
ORIGINAL QUOTATION DATE 08/04/2025
REVISION DATE 11/19/2025
EFFECTIVE 02/07/2026 TO 02/06/2030
QUOTE VALID TO 02/06/2026
ITEM QTY. EQUIPMENT DESCRIPTION/ SERIAL COVERAGE EXTENDED
NO. EFFECTIVE DATES/ NOTES NUMBER PRICE
USD
Life Technologies Corporation North American Sales and Service Attn: Service Contract Administration Mailstop: PLE C-1 5781 Van Allen Way Carlsbad, CA 92008 Tel: 1-800-955-6288, opt ion 3,3 Email: service.sales@thermofisher.com
~ NOTICE OF CONFIDENTIALITY~ The contents of this quotation including but not limited to pricing and services information are confidential to Life Technologies and/or its affiliate(s). This quote and its contents are intended only for the customer named in this quote
Instrument Services Terms and Conditions
These terms and conditions apply to instrument services purchased from Life Technologies Corporation (“we” “us” or “our”). If you purchase instrument services from other Thermo Fisher Scientific entities, different terms and conditions may apply. If you have any questions about our quotation, our ordering process, or what terms and conditions apply to your order, please call Customer Services at 1 800 955 6288.
As used in this document, “you” and “your” refer to our Instrument Services customer that appears on the Instrument Services quotation and/or any final Service Plan documents.
1. Contract Terms.
1.1 General Terms. These are the contract terms and conditions under which we sell, and/or provide, our Instrument Services to you (“Service Terms”), unless (i) we specifically designate other terms to apply to a specific service; or (ii) if you and we have entered into a valid, active, written agreement that expressly provides that its terms supersede and replace these Service Terms with respect to the services covered by the other agreement. Any additional or different terms and conditions that you may provide to us, are material alterations and we reject them. These Service Terms collectively with any quotation provided by us constitute the “Agreement.” Our offer to sell and/or perform Instrument Services is expressly limited to the terms of the Agreement. By ordering or requesting Instrument Services from us, you agree to accept and be bound by these Service Terms. The Agreement is the complete and exclusive contract between us with respect to your purchase of, or request for, Instrument Services.
1.2. Terms Conflict. If any conditions within the Agreement documents conflict with each other, we will give them the following order of precedence with the document listed first being given a higher order of priority: these Service Terms, the quotation, and, if you are buying a Service Plan, the service level description of the Service Plan.
1.3. When Agreement takes Effect. The Agreement between us is created when we accept your order or request, either by sending a written confirmation or by initiating performance of the Instrument Services.
2. Service Offerings.
2.1. Service Offerings. We offer repair, maintenance, relocation, recertification, training, qualification, and technical and application support services for your instruments and devices (collectively, “Instrument Services”).
2.2. Manufacturer Warranty Services. Some of our Instrument Services are provided as part of the limited instrument manufacturer warranty we offer you when you purchase our instrument.
2.3. Service Plans. We also provide post-manufacturer warranty maintenance and repair Instrument Services called “Service
Plans”. Descriptions of our Service Plans are available at http://www.thermofisher.com/instrumentservices.
2.4. Where we Perform Services. We perform most Instrument Services in your lab, but we may perform some Instrument Services for smaller instruments at one of our facilities.
3. Price.
3.1. Determining Price. For Instrument Services you purchase, the price is shown in our quotation to you. If we do not provide you with a quotation, the price will be the list price that applies to your country on the date we receive your order.
3.2. Taxes and Fees. Our prices do not include any taxes (including VAT), duties, levies or other government fees that may apply to your order. If they apply, it will be your responsibility to pay them. If we pay them, we will add them to your invoice. If you claim any exemption, upon request you must provide a valid, signed certificate or letter of exemption for each respective jurisdiction.
3.3. Discounts. If you receive a discount on a Service Plan, your discount is based on maintaining continuous coverage of the instrument during the effective period.
4. Payment Terms.
4.1. Payment Terms. Unless we indicate another period on our quotation, you must pay invoices within 30 days from the invoice date in the currency specified in our invoice. Each order is a separate transaction, and you may not setoff payments from one order against another.
4.2. Late Payment. If you are late in making payment, without affecting our other rights, we may suspend performance or cancel your contract, reject your future orders, and charge you a late-payment charge, from the due date until paid, at the rate of 1% per month (12% per year) or, if less, the maximum amount allowed by law. You agree to pay this late charge upon request.
4.3. Collection Costs. If we appoint a collection agency or an attorney to recover any unpaid amounts, you must pay, to the extent permitted by applicable law, all reasonable costs of collection, including all associated reasonable attorneys’ fees.
http://www.thermofisher.com/instrumentservices
5. Scheduling.
5.1. Period. Scheduling of Instrument Services is only valid for twelve (12) months from the date of acceptance of the instruments and/or devices.
5.2. Available Times. We provide Instrument Services Monday through Friday, 8:00 a.m. to 5:00 p.m. (local time), excluding holidays.
5.3. Scheduling. We will work with you to schedule Instrument Services at a time that is mutually convenient within the period stated in Section 5.1 above.
6. Decontamination and Safe Working Environment.
6.1. Decontamination Obligations. Before we perform Instrument Services on your instrument, you will fully decontaminate your instrument or its component of radioactive, biological, toxic or other dangerous materials or substances or any material and, if we request, you will submit to us an accurate and completed certificate of decontamination.
6.2. Moving Instrument. If we reasonably request, you agree to move your instrument to another location that we reasonably deem is safe for our employees to perform Instrument Services.
6.3. Biosafety Level-3 and 4 Laboratories. We do not service instruments in biosafety level-3 laboratories, unless we agree otherwise in writing in advance. There may be an additional charge and additional terms for Instrument Services in such facilities. We do not service instruments in biosafety level-4 laboratories.
7. Spare Parts.
7.1. Repair or Replace. We may repair or replace any parts of the instrument based on our reasonable professional judgment.
7.2. New, Used or Reconditioned Parts. We may use new, used, or reconditioned parts. All parts will have the same warranties as new parts. We may retain any replaced part as our property.
8. Service Plans.
8.1. Service Level Descriptions. For service level descriptions of our Service Plans, please go to http://www.thermofisher.com/instrumentservices. The terms of Service Plans that apply to you are incorporated into these Service Terms.
8.2. Instrument Recertification and/or Reinstatement. If your instrument has not been under our warranty or our Service Plan immediately prior to the time of your requested coverage, before we cover your instrument under a Service Plan, we may require instrument recertification and/or may charge you reinstatement. We will provide instrument recertification services on a time-and-materials basis. If applicable, the fees for any such recertification services will be estimated by us and approved by you in writing, in advance of our performance of recertification services.
8.3. No Coverage for Ancillary Equipment. Unless we stated otherwise in our quotation, our Service Plans cover only our instruments and do not include ancillary equipment even if we supplied it.
8.4. No Replacement of Consumables. Our Service Plans do not cover replacement of consumable products used on the instruments.
8.5. Exclusions. In addition to the above exclusions, our Service Plans do not cover replacement of parts or repairs needed for defects or damage resulting from (i) your neglect, carelessness, or misuse, for example, connecting the instrument to electrical services or other utilities not in accordance with the installation requirements for the instrument, using incompatible solvents or samples with the instrument, operating the instrument not in conformance with our instructions or specifications, or your improper or inadequate maintenance of the instrument; (ii) installation of software or use in combination with software or products that we did not supply or authorize;
(iii) modification, repair, service transfer to another location of the instrument that you or your employees, agents or an unauthorized contractor made; (iv) intrusive activity, including without limitation computer viruses, hackers or other unauthorized interactions with instrument or software that detrimentally affects normal operations; from acts of nature or accident; or (v) any defects or damage that we did not cause.
8.6. Terminating your Service Plan. Service Plans may be terminated in the following ways:
(A) Terminating for Any Reason. You or we may cancel your Service Plan by sending a written notice of termination to the other at least 30 days before effective date of termination.
(B) Terminating for Cause. We may immediately terminate a Service Plan if the instrument covered by the Service Plan is transferred to another location without our advance written consent, or we may adjust the cost of providing the Instrument Services at the new location provided you agree in writing to pay the new rate which may be higher.
http://www.thermofisher.com/instrumentservices
Effects of Termination. If a Service Plan is terminated by you under Section 8.6(A) or by us under Section 8.6(B), we will charge you for the total price of services actually performed and expenses actually and reasonably incurred in servicing the covered instrument under the underlying Service Plan from its effective date until the effective termination date, and the prorated price of the underlying Service Plan from its effective date until the effective termination date, plus 15% of the total price of the Service Plan, excluding all discounts with the total cost not to exceed the total price for the underlying Service Plan. We will credit you for any payment that you made to us in excess of this amount and you may use the credit toward future purchases from us of instruments, consumables or Service Plans. We do not provide cash refunds on account of the early cancellation of any Service Plan or other agreement for Instrument Services.
9. Limited Warranty for Instrument Services.
9.1. Limited Warranty. We warrant that the Instrument Services we provide to you will be in accordance with the generally accepted standards prevailing in the Instrument Service industry. You must make any claim for breach of this warranty within 90 days of the date the Instrument Services were performed and prior to any unauthorized repair, change, or modification has been made to any part of the instrument.
9.2. Exclusions. Our warranties do not apply to (i) your neglect, carelessness, or misuse, such as but not limited to, connecting the instrument to electrical services or other utilities not in accordance with the installation requirements for the instrument, using incompatible solvents or samples with the instrument, operating the instrument not in conformance with our instructions or specifications, or your improper or inadequate maintenance of the instrument; (ii) installation of software or use in combination with software or products that we did not supply or authorize; (iii) modification, repair, service transfer to another location of the instrument that you or your employees, agents or an unauthorized contractor made; (iv) intrusive activity, including without limitation computer viruses, hackers or other unauthorized interactions with instrument or software that detrimentally affects normal operations; from acts of nature or accident; or
(v) any defects or damage that we did not cause. ADDITIONALLY, ANY INSTALLATION, MAINTENANCE, REPAIR, SERVICE, RELOCATION OR ALTERATION TO OR OF, OR OTHER TAMPERING WITH, THE PRODUCTS PERFORMED BY ANY PERSON OR ENTITY OTHER THAN US WITHOUT OUR PRIOR WRITTEN APPROVAL, OR ANY USE OF REPLACEMENT PARTS WE HAVE NOT SUPPLIED, WILL IMMEDIATELY VOID AND CANCEL ALL WARRANTIES WITH RESPECT TO THESE
INSTRUMENT SERVICES AND THE AFFECTED PRODUCTS.
9.3. Remedies. During the applicable warranty period only, for services not meeting our warranty, we agree, at our option to: (i) re-perform the defective Instrument Services, or (ii) refund to you the fee you paid to us for the defective Instrument Services, if applicable. This section states our entire liability for a valid warranty claim under the Agreement.
9.4. Limitations. OUR WARRANTIES EXTEND ONLY TO YOU, THE ORIGINAL PURCHASER, AND YOU CANNOT
TRANSFER THEM. WITH RESPECT TO INSTRUMENT SERVICES, EXCEPT AS EXPRESSLY STATED, WE DISCLAIM ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING BUT NOT
LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY.
10. Compliance with Laws, Codes, Rules and Regulations.
10.1 We make no representation that the Instrument Services we provide to you will meet or satisfy standards of any governmental body, including the U.S. Food and Drug Administration. You agree that it is your responsibility to ensure that such services are adequate to meet your regulation or certification requirements and that all requirements of any governmental body or other organization, including, but not limited to, any requirement of the U.S. Food and Drug Administration are your responsibility.
10.2 In fulfilling obligations under the Agreement, we and you agree to comply, and to have our and your employees and subcontractors assigned to the Agreement and business relationship comply, with all applicable laws, codes, rules and regulations which may relate to our respective activities and responsibilities under the Agreement.
11. Indemnification.
11.1. Our General Indemnity. We will indemnify and hold you harmless from and against any and all third-party claims for injury to persons, including death, or damage to tangible property occurring while our employees are on your premises to the extent the claims are caused by our employees’ gross negligence, recklessness, and willful misconduct, provided we are given prompt notice of any claim and, to the extent permitted by applicable law, the opportunity to control the defense and settlement of the claim.
11.2. Conditions to Our Indemnity. As a condition to any of our indemnification obligations you must (a) notify us in writing, as soon as you become aware of any claim; (b) not admit any liability or take any other action in connection with the claim that could affect the defense; (c) to the extent permitted by applicable law, allow us to solely control the defense or settlement of the claim; and (d) give us your reasonable information, co-operation and assistance.
12. Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE OR YOU WILL NOT BE LIABLE UNDER ANY LEGAL THEORY (INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT OR WARRANTY OF ANY KIND) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, MULTIPLE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO COSTS OF COVER, LOST PROFITS, LOST DATA, LOSS OF BUSINESS, LOSS OF GOODWILL OR LOSS OF REVENUE) THAT WE OR YOU MIGHT INCUR UNDER THE AGREEMENT, OR THAT MAY ARISE FROM OR IN CONNECTION WITH OUR PRODUCTS OR SERVICES, EVEN IF WE OR YOU HAD NOTICE OF
THE POSSIBILITY OF SUCH DAMAGES.
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