D.1 36C25026Q0900 RFQ.docx

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Research Biosafety Cabinet, Laboratory Equipment Certification & Service
Solicitation number
36C25026Q0900
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This is a Request for Quote (RFQ) for research laboratory biosafety cabinet and laboratory equipment certification and service at the Cincinnati VA Medical Center. The Department of Veterans Affairs, Network Contracting Office 10 issued the solicitation on September 2, 2026, with a Questions and Answers period closing on September 8, 2026 at 1:30 PM EST and offer submission deadline of September 11, 2026 at 1:30 PM EST. The contract is a firm-fixed-price, service-disabled veteran-owned small business (SDVOSB) total set-aside under NAICS code 811210 with an estimated contract value of $34 million.

The Statement of Work requires the contractor to provide on-site certification, calibration, decontamination, preventative maintenance, and repair services for laboratory equipment including 40 annual Biosafety Cabinet/fume hood certifications, 8 decontaminations, 8 filter replacements, 2 miscellaneous repairs, 10 centrifuge preventative maintenance services, 24 pipette calibrations, and 1 annual Nikon AXR Confocal Microscope preventative maintenance. All work must be performed on-site at Cincinnati VAMC (3200 Vine Street, Cincinnati, OH 45220) with no hidden or ancillary fees permitted. The base contract period runs from September 20, 2026 through September 19, 2027, with two optional one-year extension periods. Technicians must hold current NSF/ANSI Standard 49 field certifier credentials for BSC/fume hood certification work. Invoices are submitted monthly in arrears through the VA Tungsten Network with Net 30 payment terms. The contractor must comply with facility access requirements including Police Services check-in, visitor badging, and COR escort procedures. The contract is classified as non-personal services, and Service Contract Labor Standards do not apply to this requirement.

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36C25026Q0900.docx DOCX document
D.3 Statement of FAR 52.222-41 - Statement of DoL WD Compliance.docx DOCX document
D.4 WD 2015-4719 Rev 34 Cincinnati 12 August 2026.docx DOCX document
D.5 Past Performance Questionnaire.docx DOCX document
D.2 Memorandum to Confirm Operational Date.docx DOCX document

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36C25026Q0900

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

539-26-3-460-0284

09-02-2026 Kevin Cytraus - Kevin.Cytraus@VA.gov 513-559-3720 09-11-2026 13:30

EDT

36C250

Department of Veterans Affairs Network Contracting Office 10 260 E University Avenue Cincinnati OH 45219-2356

X

811210 $34 Million Net 30

N/A

36C539 Department of Veterans Affairs Cincinnati VA Medical Center Research Laboratory 3200 Vine Street Cincinnati OH 45220-2213 36C250 Department of Veterans Affairs Network Contracting Office 10 260 E University Avenue

Cincinnati OH 45219-2356

36C250

Financial Services Center Invoices to be submitted electronically https://www.tungsten-network.com

877-489-6135

See CONTINUATION Page This is a RFQ for Research Laboratory BSC Equipment Calibration & Service.

Question & Answer (Q&A) Period Closes at 1:30 PM EST on 9/8/2026.

Solicitation Deadline is 1:30 PM EST on 9/11/2026.

All questions and solicitation responses shall be emailed to the Contracting Officer - Phone calls are not entertained.

Please see "QUOTE PREPARATION INSTRUCTIONS" for a list of items that must be returned in your response.

Failure to provide all requested items will result in your response being excluded for award.

See CONTINUATION Page

Kevin Cytraus Contracting Officer - Services

Table of Contents

SECTION A1
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES1
SECTION B - CONTINUATION OF SF 1449 BLOCKS3
B.1 CONTRACT ADMINISTRATION DATA3
B.2 PERFORMANCE WORK STATEMENT4
B.3 PRICE/COST SCHEDULE16
SECTION C - CONTRACT CLAUSES21
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)21
C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)26
C.3 52.209-14 RESERVE OFFICER TRAINING CORPS AND MILITARY RECRUITING ON CAMPUS (NOV 2021)27
C.4 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)28
C.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)29
C.6 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS (DEVIATION APR 2026)29
C.7 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025) (DEVIATION)30
C.8 VAAR 852.211-76 LIQUIDATED DAMAGES – REIMBURSEMENT FOR DATA BREACH COSTS (FEB 2023) ALTERNATE I (FEB 2023)39
C.9 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)40
C.10 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)44
C.11 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)46
C.12 MANDATORY WRITTEN DISCLOSURES47
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS48
SECTION E - SOLICITATION PROVISIONS49
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)49
E.2 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)51
E.3 EVALUATION OF QUOTES51
E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)52
E.4 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)53
E.5 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)54
E.6 52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND REPRESENTATION (JUN 2020)55
E.7 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND CERTIFICATIONS (NOV 2025) (DEVIATION)57

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 36C250 Kevin Cytraus

Network Contracting Office 10 260 E University Avenue Cincinnati OH 45219-2356

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 - Electronic Submission in Arrears

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO
DATE

B.2 PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

Updated: 8-27-2026 Cincinnati VAMC – Research Biosafety Cabinet & Laboratory Equipment Certification & Service

1.0 BACKGROUND

The Cincinnati VA Medical Center (VAMC) Research & Development Department operates a research laboratory that relies on a range of certified and calibrated scientific equipment to support ongoing research activities in service of Veterans. This equipment includes Biosafety Cabinets (BSCs), fume hoods, centrifuges, pipettes, and a Nikon AXR Confocal Microscope. To maintain a safe research environment and comply with applicable regulatory standards, this equipment must be certified, calibrated, decontaminated, and maintained on a recurring basis by qualified technicians.

2.0 SCOPE

The Contractor shall provide all personnel, equipment, tools, materials, supervision, and other items necessary to perform certification, calibration, decontamination, preventative maintenance, and repair services for the Cincinnati VAMC Research Laboratory's scientific equipment, as defined in this PWS. This is a non-personal services requirement (see Section 13.0); the Contractor is responsible for the results achieved, not the specific manner or method of accomplishing the work, except as constrained by applicable regulatory and manufacturer requirements.

The Government reserves the right to add or remove any additional Medical Centers, CBOCs, or other facilities to the contract as they become available, and to increase or decrease the number of facilities or users to accommodate fluctuations in demand unknown at time of solicitation. The total contract value may increase up to 20% of the base award. Any additions or deletions of locations will be completed by bilateral modification.

Annual Service Volumes

Service
Annual Quantity
BSC/Fume Hood Annual Recertification
40
BSC Decontamination
8
BSC/Fume Hood Filter Replacement
8
Miscellaneous Repair Parts
2
Centrifuge Preventative Maintenance
10
Pipette Calibration
24
Nikon AXR Confocal Microscope Preventative Maintenance
1

2.1 PRICING TRANSPARENCY / PROHIBITION ON HIDDEN OR ANCILLARY FEES

The Contractor's firm-fixed unit prices for each service identified in this PWS (including but not limited to BSC/fume hood recertification, decontamination, filter replacement, repair parts, centrifuge preventative maintenance, pipette calibration, and Nikon AXR preventative maintenance) shall be fully inclusive of all labor, travel, materials, and any other costs necessary to complete the service on-site at the Cincinnati VAMC, as identified in Section 4.0, Place of Performance.

Unless expressly identified as a separate priced line item in the Contractor's price schedule and accepted by the Government at time of award, the Contractor shall not charge, invoice, or otherwise pass through any additional fees, including but not limited to:

· Shipping, freight, packaging, or courier costs associated with sending equipment (e.g., pipettes) off-site for calibration or servicing;

· Costs associated with requiring the Government to ship, transport, or deliver equipment to a Contractor facility in lieu of on-site service;

· Travel, mileage, fuel surcharges, per diem, lodging, or trip charges for technicians to report to the Cincinnati VAMC (see Section 18.0, GSA Per Diem Rates);

· Equipment rental, loaner unit fees, or "downtime" charges while equipment is off-site or awaiting service;

· Administrative, processing, fuel, environmental, or similar surcharges not explicitly identified in the awarded price schedule; and

· Any other fee not expressly and separately identified in the Contractor's proposal and incorporated into the resulting contract price schedule.

All services under this PWS shall be performed on-site at the Cincinnati VAMC unless the Government expressly agrees, in writing via the Contracting Officer (CO), to off-site servicing for a specific piece of equipment. Should off-site servicing be mutually agreed upon, all associated costs (including shipping in both directions) shall be identified as a separately priced line item in the Contractor's proposal, subject to negotiation and written acceptance by the CO prior to award. Such costs may not be introduced or invoiced after award.

The Contractor's total quoted price at time of proposal submission shall be considered all-inclusive and binding for the services described herein. Any fee not disclosed in the Contractor's proposal and price schedule shall not be recognized as a valid or payable cost under the resulting contract, and invoices reflecting such undisclosed fees may be rejected by the COR/CO.

3.0 PERIOD OF PERFORMANCE

Period
Dates
Base Year
9/20/2026 – 9/19/2027
Option Year 1
9/20/2027 – 9/19/2028
Option Year 2
9/20/2028 – 9/19/2029

Exercise of option years is contingent upon availability of funds. Services under the base period shall commence no later than 9/20/2026.

4.0 PLACE OF PERFORMANCE

Cincinnati VA Medical Center, 3200 Vine Street, Cincinnati, OH 45220

5.0 TYPE OF CONTRACT

Firm-Fixed-Price

6.0 HOURS OF OPERATION

Warehouse deliveries are accepted 8:00 a.m. – 3:30 p.m., Monday through Friday, excluding federal holidays.

Hospital normal hours of operation are 8:00 a.m. – 4:30 p.m., Monday through Friday, excluding federal holidays.

Federal Holidays

Holiday
Date
New Year's Day
January 1
Martin Luther King Jr.'s Birthday
3rd Monday in January
President's Day
3rd Monday in February
Memorial Day
Last Monday in May
Juneteenth
June 19
Independence Day
July 4
Labor Day
1st Monday in September
Columbus Day
2nd Monday in October
Veterans Day
November 11
Thanksgiving Day
Last Thursday in November
Christmas Day
December 25

7.0 PERFORMANCE OBJECTIVES AND STANDARDS

The following performance objectives establish the required outcomes for each service line. Associated performance standards and Acceptable Quality Levels (AQLs) are consolidated in the Quality Assurance Surveillance Plan (QASP) at Section 16.0.

7.1 OBJECTIVE 1 — BSC/FUME HOOD CERTIFICATION (40 UNITS ANNUALLY)

Required Outcome: All Biosafety Cabinets and fume hoods are certified as safe and fully operational in accordance with applicable regulatory standards, with zero lapses in certification coverage.

7.2 OBJECTIVE 2 — BSC DECONTAMINATION (8 ANNUALLY)

Required Outcome: BSCs requiring decontamination are rendered safe for servicing, repair, filter replacement, or disposal, with decontamination verified in accordance with federal requirements.

7.3 OBJECTIVE 3 — BSC/FUME HOOD FILTER REPLACEMENT (8 ANNUALLY)

Required Outcome: Filters are replaced with manufacturer-compliant parts, restoring units to full operational and certifiable condition.

7.4 OBJECTIVE 4 — MISCELLANEOUS REPAIR PARTS (2 ANNUALLY)

Required Outcome: Repairs restore equipment to full manufacturer-specified operational condition.

7.5 OBJECTIVE 5 — CENTRIFUGE PREVENTATIVE MAINTENANCE (10 ANNUALLY)

Required Outcome: Centrifuges remain in safe, calibrated, fully operational condition.

7.6 OBJECTIVE 6 — PIPETTE CALIBRATION (24 ANNUALLY)

Required Outcome: Pipettes are calibrated and verified accurate for laboratory use.

7.7 OBJECTIVE 7 — NIKON AXR CONFOCAL MICROSCOPE PREVENTATIVE MAINTENANCE (1 ANNUALLY) Required Outcome: The Nikon AXR Confocal Microscope remains fully calibrated, aligned, and updated for optimal research performance.

7.8 OBJECTIVE 8 — EMERGENCY/RESPONSIVE SERVICE

Required Outcome: Equipment failures or urgent service needs are addressed promptly to minimize research disruption.

7.9 OBJECTIVE 9 — REGULATORY AND SAFETY REPORTING

Required Outcome: The Government maintains full visibility into recall, safety, and field engineering notices affecting installed equipment.

8.0 DELIVERABLES

Deliverable
Frequency
Due To
Certification Report of Findings (BSC/Fume Hood)
Each certification event
COR
Decontamination Verification Report
Each decontamination event
COR
Pipette Calibration Report
Each calibration event
COR
Centrifuge PM Service Report
Each service event
COR
Nikon AXR PM Service Report
Each service event
COR
Recall/Safety Alert/FECN Listing
Annually and upon issuance
COR
Recertification Schedule (tracking all 40 units)
Annually and upon request
COR
Emergency Service Log (call received, response initiated, resolution)
Each emergency event
COR
Detailed Invoice
Per invoicing terms (Section 11.0)
COR/CO via OB-10

Note: Centrifuge PM, Nikon AXR PM, and Emergency Service Log deliverables were added for consistency with reporting obligations implied elsewhere in this PWS — recommend confirming specific turnaround timelines.

9.0 GOVERNMENT-FURNISHED PROPERTY/INFORMATION

None anticipated under this requirement. Any Government-furnished property or information identified during performance shall be addressed via written modification issued by the CO.

10.0 CHANGES TO THE PERFORMANCE WORK STATEMENT

Any changes to this PWS shall be authorized and approved only through written correspondence from the CO. A copy of each change shall be maintained in the project file along with all other project documentation. Costs incurred by the Contractor as a result of direction from parties other than the CO shall be borne solely by the Contractor.

11.0 INVOICING AND PAYMENT REQUIREMENTS

Rates: The Contractor shall provide firm-fixed pricing. All labor, equipment, transportation, disposal, and associated costs shall be included in the contract unit prices. No fuel surcharges or pass-through fees are permitted.

Invoices: All invoices shall:

· Be submitted after performance (no prepayment);

· Be sent through the VA Tungsten Network (https://www.tungsten-network.com/customer-campaigns/veteransaffairs/); and

· Include contract number, PO number, dates of service, CLIN/SLIN, location(s), and accurate line item detail.

Payments: Payments will be made in arrears in accordance with the Prompt Payment Act.

12.0 SECURITY

Per review of VA Handbook 6500.6, Contract Security, Appendix A – Information Security and Privacy Checklist, the Government has made the following determination for this requirement:

1. C&A / Security Accreditation: Certification and Accreditation (C&A) requirements do not apply to this contract, and a Security Accreditation Package is not required.

2. This acquisition does not involve the storage, generation, transmission, or exchange of VA sensitive information with the vendor.

3. Contractor personnel may be exposed to VA sensitive information, including Sensitive Personal Information (SPI), incidental to performing contractual services on-site (e.g., presence in clinical/research areas), but such exposure does not constitute a data storage, processing, or system-access relationship requiring C&A.

4. This determination applies to the requirement as scoped in this PWS. Should the scope of work change to include IT system access, data handling, or system interconnection, the Government will reassess the applicable security category and any resulting requirements will be incorporated by written modification issued by the CO.

12.1 FACILITY ACCESS AND ON-SITE ESCORT REQUIREMENTS

A Personal Identity Verification (PIV) card is not required for performance of this PWS. However, the following facility access procedures are mandatory for all Contractor personnel each time they report to the Cincinnati VAMC:

1. Police Services check-in. Contractor personnel shall check in with VA Police Services immediately upon arrival at the Cincinnati VAMC, prior to proceeding to the Research Laboratory or any other work area.

2. Visitor's badge. Contractor personnel shall obtain a Visitor's badge from Police Services prior to meeting with the COR or beginning any on-site work. The Visitor's badge shall be worn and visible at all times while on VA premises.

3. Escort requirement. Contractor personnel shall be escorted by the COR (or the COR's designee) at all times while on-site. Contractor personnel shall not access the Research Laboratory, equipment, or any other area of the facility unescorted.

4. Check-out. Contractor personnel shall return the Visitor's badge to Police Services and check out upon completion of each day's work or visit.

Failure to comply with these access procedures may result in denial of entry or removal from the premises and may impact the Contractor's ability to meet the service timelines and AQLs established in this PWS. The Contractor shall plan technician arrival times to accommodate check-in, badging, and escort coordination.

13.0 NON-PERSONAL SERVICES STATEMENT

This is a non-personal services contract, as that term is defined in FAR 2.101 and FAR 37.101. The services provided under this PWS are to be performed by Contractor personnel who are not subject to the supervision and control usually prevailing in relationships between the Government and its employees.

1. No employer-employee relationship. The Contractor and its employees shall not be considered employees of the Department of Veterans Affairs or of the Federal Government for any purpose, including but not limited to federal employment benefits, worker's compensation, unemployment insurance, or Federal Insurance Contributions Act (FICA) taxes.

2. Performance-based orientation. The Government's role is limited to defining the required outcomes, performance standards, and AQLs set forth in this PWS (Sections 7.0 and 16.0). The Contractor retains full discretion over the methods, sequence, and specific technical procedures used to accomplish the work, provided all applicable regulatory, manufacturer, and NSF/ANSI 49 requirements are met.

3. No Government supervision of Contractor personnel. Contractor employees shall perform their duties independent of, and without the supervision of, any Government employee. The COR shall not supervise, direct, or control the day-to-day work of any Contractor employee, and shall limit interaction to inspection of deliverables, verification of performance against the QASP, and other functions consistent with a non-personal services relationship.

4. Contractor control of personnel actions. The Contractor is solely responsible for the selection, supervision, hiring, firing, training, work assignments, performance evaluation, and payment of its own employees.

5. Absence of personal services indicia. No contractor employee shall be identified as, or perform the functions of, a Government employee. The Contractor shall not be placed in a position of relying on personal services of an individual contractor employee such that the relationship results in an employer-employee relationship as prohibited by FAR 37.104.

14.0 SERVICE CONTRACT ACT APPLICABILITY

The Government has determined that the Service Contract Labor Standards (formerly the Service Contract Act, 41 U.S.C. chapter 67, and implemented at FAR 22.10) do not apply to this requirement. The services described in this PWS — NSF/ANSI 49 field certification, biomedical/laboratory equipment calibration, and precision optical instrument (Nikon AXR Confocal Microscope) preventative maintenance — require specialized technical training, accredited field-certifier credentials, and manufacturer-specific expertise consistent with professional or technical exempt occupations, rather than the service-employee occupations (e.g., general building maintenance, custodial, or other "blue-collar" trades) contemplated by the Department of Labor's Service Contract Act Directory of Occupations.

This determination is subject to final confirmation by the Contracting Officer at the time of acquisition planning, consistent with FAR 22.1003-1 and applicable Department of Labor guidance, and may be revisited if the mix of services under this contract changes.

15.0 GOVERNMENT POINTS OF CONTACT

Role
Name
Section
Address
Phone
Email
Contracting Officer's Representative (COR)
Latoya Walker
Research Laboratory
3200 Vine Street, Cincinnati, OH 45220
(513) 560-4549
Latoya.Walker1@va.gov
Contracting Officer (CO)
Kevin Cytraus
NCO 10
260 E University Avenue,

Cincinnati, OH 45219

(513) 559-3720
Kevin.Cytraus@va.gov

The COR is responsible for technical monitoring of Contractor performance against the QASP (Section 16.0), inspection and acceptance of deliverables, coordinating on-site access and escort per Section 12.1, and serving as the primary point of contact for day-to-day administration of this requirement. The COR does not have authority to direct changes to the terms, scope, or price of this PWS; such authority rests solely with the CO (see Section 10.0).

16.0 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

Performance under this PWS shall be monitored by the COR in accordance with this QASP. Surveillance methods may include validated customer complaints, periodic inspection of deliverables/reports, and direct observation of service events. All standards below carry an AQL of 100% compliance unless otherwise noted.

#
Performance Objective
Performance Standard
AQL
Surveillance Method
1
BSC/Fume Hood Certification
Certifying technicians hold current, valid certification credentials
100%
Credential review
1
BSC/Fume Hood Certification
Certifications performed in accordance with NSF/ANSI Standard 49
100%
Report review
1
BSC/Fume Hood Certification
All 40 units certified annually with no lapse
100% of units certified prior to expiration
Recertification schedule review
1
BSC/Fume Hood Certification
Units recertified following any transfer, servicing, or repair
100%
Report review
1
BSC/Fume Hood Certification
Inoperable BSCs decontaminated prior to servicing/filter change
100%
Report review
1
BSC/Fume Hood Certification
Written report of findings delivered after each certification
Within 5 business days of service
Deliverable tracking
2
BSC Decontamination
Decontamination performed by qualified/certified technicians
100%
Credential review
2
BSC Decontamination
Decontamination verification documented per applicable federal law
100%
Report review
2
BSC Decontamination
Written report of findings delivered after each decontamination
Within 5 business days of service
Deliverable tracking
3
Filter Replacement
Replacement filters meet manufacturer specifications
100%
Report/parts review
3
Filter Replacement
Unit recertified following filter replacement
100%
Report review
4
Miscellaneous Repair Parts
Parts used meet manufacturer requirements
100%
Report/parts review
5
Centrifuge PM
Service provided as needed/scheduled
100%
Schedule review
5
Centrifuge PM
Thorough cleaning performed at each service
100%
Direct observation / report review
5
Centrifuge PM
Calibration performed in accordance with regulatory requirements
100%
Report review
5
Centrifuge PM
Inspection and repair of inoperable parts completed
100%
Report review
5
Centrifuge PM
Replacement parts meet manufacturer requirements
100%
Report/parts review
6
Pipette Calibration
Calibration performed by certified technician
100%
Credential review
6
Pipette Calibration
Written report of findings delivered after each calibration
Within 5 business days of service
Deliverable tracking
7
Nikon AXR PM
Mechanical calibration completed
100%
Report review
7
Nikon AXR PM
Optical lens alignment verified
100%
Report review
7
Nikon AXR PM
Software updates completed and current
100%
Report review
8
Emergency/Responsive Service
Emergency service response initiated within 48 hours of initial call
100%
Service log review
8
Emergency/Responsive Service
Recertifications scheduled and completed prior to expiration
100%
Recertification schedule review
9
Regulatory/Safety Reporting
Listing of all recalls, Safety Alerts, and FECNs provided for all Contractor-installed items
Provided upon issuance and at least annually
Deliverable tracking

17.0 CONTRACTOR PERSONNEL QUALIFICATIONS

All technicians performing certification, calibration, decontamination, or maintenance services under this PWS shall hold current and valid certifications appropriate to the equipment serviced, consistent with applicable regulatory and manufacturer requirements (including but not limited to NSF/ANSI Standard 49 for BSC/fume hood certification).

17.1 NSF/ANSI STANDARD 49 CERTIFICATION REQUIREMENT

The Contractor shall be able to certify, and shall provide documentation demonstrating the ability to certify, Biosafety Cabinets and fume hoods in full accordance with NSF/ANSI Standard 49 (Biosafety Cabinetry: Design, Construction, Performance, and Field Certification). At a minimum, the Contractor shall:

· Employ or subcontract only field certifiers who are formally trained and credentialed to perform NSF/ANSI 49 field certification (e.g., holders of a current NSF Accredited Field Certifier credential or equivalent accrediting body credential recognized under NSF/ANSI 49);

· Provide, upon request by the CO or COR prior to award and at any point during performance, copies of current NSF/ANSI 49 field certifier credentials for all technicians proposed or assigned to perform work under this PWS;

· Ensure that all field certification testing, documentation, and reporting (including but not limited to downflow velocity, inflow velocity, HEPA filter leak testing, and smoke pattern testing) is performed and documented in accordance with the applicable NSF/ANSI 49 test procedures; and

· Immediately notify the COR in writing if any assigned technician's NSF/ANSI 49 certification lapses, is suspended, or is revoked, and shall not permit that technician to perform certification services under this PWS until credentials are reinstated.

Failure to maintain NSF/ANSI 49-certified personnel throughout the period of performance may be grounds for a determination of unsatisfactory performance and/or default under the resulting contract.

18.0 GSA PER DIEM RATES — TRAVEL, LODGING, MEALS, AND INCIDENTAL EXPENSES

Where this contract requires or permits vendor travel, lodging, meals, or other per-diem reimbursable expenses, all such costs shall not exceed the applicable rates established by the U.S. General Services Administration (GSA) for the location and time period of travel. Reimbursement claims exceeding the applicable GSA rate will not be approved absent prior written authorization from the CO.

Vendors shall reference the following official GSA resources to determine applicable rates:

· CONUS (Continental U.S.) Per Diem Rates (Lodging and Meals & Incidental Expenses): Per diem rates | GSA

· Meals & Incidental Expenses (M&IE) Breakdown Tables: M&IE breakdowns | GSA

· Per Diem Rate Files (Current and Archived, by Fiscal Year): Per diem files | GSA

· GSA Travel Resources (General): Travel resources | GSA Rates vary by locality and fiscal year; vendors are responsible for confirming the rate in effect for the specific dates and location of travel at the time reimbursement is claimed. For non-standard areas, high-cost localities, or travel outside the continental United States, vendors shall consult the applicable GSA, Department of Defense, or Department of State per diem tables as appropriate to the travel location.

Note: as stated in Section 2.1, these rates apply only if off-site servicing/travel arrangements are separately negotiated and accepted by the CO; they are not otherwise reimbursable under the firm-fixed-price line items.

19.0 ACRONYMS AND DEFINITIONS

Term
Definition
AQL
Acceptable Quality Level — the minimum acceptable performance threshold for a given standard under the QASP
BSC
Biosafety Cabinet
CBOC
Community-Based Outpatient Clinic
CLIN
Contract Line Item Number
CO
Contracting Officer
CONUS
Continental United States
COR
Contracting Officer's Representative
FAR
Federal Acquisition Regulation
FECN
Field Engineering Change Notice
FFP
Firm-Fixed-Price
FICA
Federal Insurance Contributions Act
GSA
General Services Administration
HEPA
High-Efficiency Particulate Air (filter)
M&IE
Meals & Incidental Expenses
NSF/ANSI
NSF International / American National Standards Institute (joint standards body)
PIV
Personal Identity Verification
PM
Preventative Maintenance
PO
Purchase Order
PWS
Performance Work Statement
QASP
Quality Assurance Surveillance Plan
SCA
Service Contract Act (Service Contract Labor Standards, 41 U.S.C. ch. 67)
SLIN
Subline Item Number
SPI
Sensitive Personal Information
VA
Department of Veterans Affairs
VAMC
VA Medical Center
Certification
The act of formally verifying, via NSF/ANSI 49 field testing, that a BSC or fume hood meets required safety and performance criteria
Decontamination
The process of rendering a BSC free of biological or chemical hazards prior to servicing, relocation, filter change, or disposal, per applicable federal requirements
Non-personal services
A contract under which the Contractor is not subject to Government supervision typical of an employer-employee relationship; the Government defines outcomes, not methods (FAR 2.101, 37.101)
Off-site servicing
Any service performed at a Contractor facility rather than on Government premises, permitted only with prior written CO approval
Recertification
Certification performed on a previously certified unit following the expiration of its current certification, or following transfer, servicing, or repair

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
40.00
EA
__________________
__________________

BIOLOGICAL SAFETY CABINET/FUME HOOD CERTIFICATION

Contract Period: Base POP Begin: 09-20-2026 POP End: 09-19-2027 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

8.00
EA
__________________
__________________

BIOSAFETY CABINET DECONTAMINATION SERVICES

POP Begin: 09-20-2026 POP End: 09-19-2027

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

8.00
EA
__________________
__________________

BIOSAFETY CABINET / FUME HOOD FILTER REPLACEMENTS (2 FILTERS PER EQUIPMENT)

POP Begin: 09-20-2026 POP End: 09-19-2027

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

2.00
EA
__________________
__________________

MISCELLANEOUS REPAIR PARTS

POP Begin: 09-20-2026 POP End: 09-19-2027

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

10.00
EA
__________________
__________________

CENTRIFUGE MAINTANCENCE

POP Begin: 09-20-2026 POP End: 09-19-2027

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

24.00
EA
__________________
__________________

PIPETTE CALIBRATIONS

POP Begin: 09-20-2026 POP End: 09-19-2027

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

1.00
EA
__________________
__________________

NIKON AX-R CONFOCAL MICROSCOPE PREVENTATIVE MAINTENCE

POP Begin: 09-20-2026 POP End: 09-19-2027

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

40.00
EA
__________________
__________________

BIOLOGICAL SAFETY CABINET/FUME HOOD CERTIFICATION

Contract Period: Option 1 POP Begin: 09-20-2027 POP End: 09-19-2028

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

8.00
EA
__________________
__________________

BIOSAFETY CABINET DECONTAMINATION SERVICES

POP Begin: 09-20-2027 POP End: 09-19-2028

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

8.00
EA
__________________
__________________

BIOSAFETY CABINET / FUME HOOD FILTER REPLACEMENTS (2 FILTERS PER EQUIPMENT)

POP Begin: 09-20-2027 POP End: 09-19-2028

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

2.00
EA
__________________
__________________

MISCELLANEOUS REPAIR PARTS

POP Begin: 09-20-2027 POP End: 09-19-2028

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

10.00
EA
__________________
__________________

CENTRIFUGE MAINTANCENCE

POP Begin: 09-20-2027 POP End: 09-19-2028

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

24.00
EA
__________________
__________________

PIPETTE CALIBRATIONS

POP Begin: 09-20-2027 POP End: 09-19-2028

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

1.00
EA
__________________
__________________

NIKON AX-R CONFOCAL MICROSCOPE PREVENTATIVE MAINTENCE

POP Begin: 09-20-2027 POP End: 09-19-2028

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

40.00
EA
__________________
__________________

BIOLOGICAL SAFETY CABINET/FUME HOOD CERTIFICATION

Contract Period: Option 2 POP Begin: 09-20-2028 POP End: 09-19-2029

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

8.00
EA
__________________
__________________

BIOSAFETY CABINET DECONTAMINATION SERVICES

POP Begin: 09-20-2028 POP End: 09-19-2029

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

8.00
EA
__________________
__________________

BIOSAFETY CABINET / FUME HOOD FILTER REPLACEMENTS (2 FILTERS PER EQUIPMENT)

POP Begin: 09-20-2028 POP End: 09-19-2029

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

2.00
EA
__________________
__________________

MISCELLANEOUS REPAIR PARTS

POP Begin: 09-20-2028 POP End: 09-19-2029

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

10.00
EA
__________________
__________________

CENTRIFUGE MAINTANCENCE

POP Begin: 09-20-2028 POP End: 09-19-2029

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

24.00
EA
__________________
__________________

PIPETTE CALIBRATIONS

POP Begin: 09-20-2028 POP End: 09-19-2029

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

1.00
EA
__________________
__________________

NIKON AX-R CONFOCAL MICROSCOPE PREVENTATIVE MAINTENCE

POP Begin: 09-20-2028 POP End: 09-19-2029

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

GRAND TOTAL

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) 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.

(c) 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.

(d) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(e) 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 FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(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. Examples of occurrences include 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. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable;

(D) Contractor point of contact; and

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(5) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a termination for cause.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon—

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered under this contract are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.

(r) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract,

(5) Solicitation provisions incorporated in the solicitation.

(6) Other paragraphs of this clause.

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government-authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (s)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(t) Comptroller General examination of…

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