KHC_RFC14_-_MOD1__Extension_27May2015.pdf

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Pharmacy & Laboratory Equipment Federal contract opportunity
Solicitation number
RFP-K15-0014
Issued by
Department of Health and Human Services Indian Health Service

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KHC Mod1 Extend to 27May2015

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RFP – K15 -0014

Request for Proposal

Pharmacy and Laboratory Equipment for

Indian Health Services – Kayenta Service Unit

May 13, 2015: Initial Post; Close: May 22, 2015 May 21, 2015: Modification- Extend date: May 27, 2015

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

SECTION C - CONTRACT CLAUSES

C.1 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL ITEMS (JUL 2014)

C.2 Department of Health and Human Services Applicable Clauses:

D. Contractor Requirements

APPENDIX. PG 19

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SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

(continuation from Standard Form 1449, block 18A.)

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Purchasing Agent: Ken Parrish; ken.parrish@ihs.gov

Department of Indian Health Service

Navajo Area Office

P.O. Box 9020

Window Rock, AZ 86515

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

32-33 Payment by Electronic Funds Transfer - System for Award Management (Jul 2013)

3. INVOICES: Invoices shall be submitted in arrears:

a. Monthly [X]

4. GOVERNMENT INVOICE ADDRESS: The Contractor shall provide an original invoice

In accordance with FAR 52.212-4 (g) :

Department of Indian Health Service

Navajo Area Office

P.O. Box 9020

Window Rock, AZ 86515

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SECTION C - CONTRACT CLAUSES

C.1 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS—COMMERCIAL ITEMS (JUL 2014)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104 (g)).

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C.

3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010)(41 U.S.C. 3509).

[] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-

282) (31 U.S.C. 6101 note).

[] (5) [Reserved]

[] (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).

[] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (Pub. L.

111-117, section 743 of Div. C).

[] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note).

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C.

2313).

[] (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111- 8, and section 745 of Division D of Pub. L. 110-161).

[] (11) 52.219-3, Notice of HUBZone Set-Aside or Sole Source Award (NOV 2011) (15 U.S.C. 657a).

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[] (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (13) [Reserved]

[] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

[] (ii) Alternate I (NOV 2011).

[] (iii) Alternate II (NOV 2011).

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

[] (ii) Alternate I (Oct 1995) of 52.219-7.

[] (iii) Alternate II (Mar 2004) of 52.219-7.

[] (16) 52.219-8, Utilization of Small Business Concerns (MAY 2014) (15 U.S.C. 637(d)(2) and (3).

[] (17)(i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (Oct 2001) of 52.219-9.

[] (iii) Alternate II (Oct 2001) of 52.219-9.

[] (iv) Alternate III (JUL 2010) of 52.219-9.

[] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[] (19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[] (21)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer.)

[] (ii) Alternate I (June 2003) of 52.219-23.

[] (22) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

[] (23) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

[] (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C.

657f).

[X] (25) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C 632(a)(2)).

[] (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

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[] (27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

[X] (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[] (29) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2014) (E.O. 13126).

[X] (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

[X] (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

[X] (32) 52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 U.S.C. 4212).

[X] (33) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

[X] (34) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212).

[] (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

[] (36) 52.222-54, Employment Eligibility Verification (AUG 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-13.

[] (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-14.

[X] (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b).

[] (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

[] (43) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).

[] (44)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

Kayenta RFP-K15-0014 Page 6 of 27

[] (ii) Alternate I (MAY 2014) of 52.225-3.

[] (iii) Alternate II (MAY 2014) of 52.225-3.

[] (iv) Alternate III (MAY 2014) of 52.225-3.

[] (45) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (46) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (47) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[] (48) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (49) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

[] (50) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

[] (51) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (52) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C.

3332).

[] (53) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[] (54) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (55) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

[] (56)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.

1241(b) and 10 U.S.C. 2631).

[] (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[X] (1) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

[] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

[] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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[X] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (7) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).

[] (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

[] (9) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (MAY 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 U.S.C. 4212).

(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

(vii) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212).

(viii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(ix) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

(x) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(xi) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xiii) 52.222-54, Employment Eligibility Verification (AUG 2013).

(xiv) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.

1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

52.212-4 Contract Terms and Conditions - Commercial Items (Sept 2013)

52.299-3 Federal, State, and Local Taxes (Feb 2013)

52.237-3 Continuity of Services (Jan 1991)

52.249-4 Termination for Convenience of the Government (Apr 1984) (services) (short form)

52.249-8 Termination for Default (Fixed-Price Supply and Services) Apr 1984

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)

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C.2 Department of Health and Human Services Applicable Clauses:

HHSAR 352.224.70 Privacy Act (January 2006)

This contract requires the Contractor to perform one or more of the following: (a) design; (b) develop; or (c) operate a federal agency system of records to accomplish an agency function in accordance with the Privacy Act of 1974 (Act) [5 U.S.C. 552a(m)(1)] and applicable agency regulations. The term “system of records” means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.

Violations of the Act by the Contractor and/or its employees may result in the imposition of criminal penalties [5 U.S.C. 552a(i)]. The Contractor shall ensure that each of its employees knows the prescribed rules of conduct and that each employee is aware that he/she is subject to criminal penalties for violation of the Act to the same extent as Department of Health and Human Services employees. These provisions also apply to all subcontracts the Contractor awards under this contract which require the design, development or operation of the designated system(s) of records [5 U.S.C. 552a(m)(1)]. The contract work statement: (a) identifies the system(s) of records and the design, development, or operation work the Contractor is to perform; and (b) specifies the disposition to be made of such records upon completion of contract performance.

352.202-1 Definitions. (JAN 2006)

352.242-71 Tobacco-free facilities. (JAN 2006)

352.239-73 Electronic information and technology accessibility. (JAN 2006)

D. Contractor Requirements

TASK REQUEST

Indian Health Services – Kayenta Service Unit

Title of Project – Supplying Pharmacy and Laboratory Equipment

Time Frame: Date of award –May 29 2015

Task Description: Contractor shall provide new Hospital medical equipment; Pharmacy and Laboratory Equipment;

for the new Kayenta IHS hospital.

Period of Performance: The services shall be made available starting date of award.

*All dates are subject to change based on the construction schedule and at the Owner’s discretion.

Closing date for receipt of proposals is Wednesday, May 27, 2015.

Kayenta RFP-K15-0014 Page 10 of 27 http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+5USC552a

Paper, faxed, or web-based proposals will not be accepted.

Overview

Kayenta Hospital Facility is a new 180,000 sq.ft. medical campus located in Kayenta, AZ

Period of Performance: Date of Award to May 27, 2015.

BIDDING INSTRUCTIONS

Bidders may quote on one (1,) all, or any combination of items in this RFQ. A “No Bid” on any line item will not negatively impact the bidder’s evaluation for the other line items they bid.

New Equipment ONLY (NO remanufactured or "gray market" items.) All items must be covered by the manufacturer's warranty. Indian Health Services – Kayenta Service Unit will only consider firm, fixed-price quotations.

Kayenta Replacement Facility requests quotations for the following items:

CLIN Quantity Description

1 1 Analyzer, Blood Gas 2 1 Analyzer, Blood Type Testing 3 1 Analyzer, Lab, MTB/RIF 4 1 Analyzer, Coagulation Studies, INR/PT/PTT 5 1 Analyzer, PCR Multiplex 6 1 Bath, Plasma Thawer (FFP) 7 3 Temperature Management System with Remote Alarm 8 1 Blood Culture System 9 1 Cabinet, Biological Safety, Non-vented, 4 foot

10 1 Cabinet, Biological Safety, Non-Vented, 3 foot 11 1 Cell Washer/Centrifuge 12 1 Centrifuge, Dual Speed 13 5 Centrifuge, Tabletop 14 1 Centrifuge, Tabletop, Variable Speed, Refrigerated 15 1 Centrifuge, Tabletop, High Speed

16 1 Chair, Blood Draw, Infant 17 8 Freezer, Lab, -30C, Under counter 18 2 Freezer, Lab, 1 Door, 27 Cubic Foot, Prescription Drugs 19 1 Freezer, Lab, Blood Products, Under counter, 5.4 Cubic Feet, -

20 1 Heat Block 21 1 Incubator, Isotemp

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22 1 Incubator, CO2 23 1 Incubator, O2 24 1 Incubator, Platelet, Countertop 25 1 Microbiological Susceptibility/ID System 26 1 Mixer, Vortex 27 1 Osmometer, Freezing Point 28 2 Refractometer 29 1 Refrigerator, Blood Bank 30 1 Refrigerator, Lab, 2-Door 31 1 Refrigerator, Pharmacy, 2-Door 32 2 Refrigerator, Medical Grade 33 7 Refrigerator/Freezer, 1-Door, Medical Grade 34 1 Refrigerator, Lab, 1-Door, Glass Door 35 1 Refrigerator, Lab, 3-Door 36 1 Refrigerator, Pharmacy, 3-Door 37 1 Rotator, Shaker 38 1 Stainer/Cytocentrifuge 39 1 Ultracentrifuge

NOTE: See the Appendix for a detailed specification for each of these items.

BID RESPONSES

• Each Bid Response must include the following detail:

o Manufacturer and Model of item quoted o Delivery Lead Time after receipt of PO o Warranty Information o Extended Warranty/Service Options o Local Service Contact information o Line Item Unit Prices o A site prep and/or pre-installation guide for the equipment that requires services and utilities (submit in PDF format) o Total Price o Separate price quote for service contract to cover equipment after warranty period.

GENERAL CONDITIONS

ACCEPTANCE

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All offers may be accepted in whole or in part by buyer without further obligation. This request for quotation may be canceled in whole or in part if any item is deemed unnecessary prior to issuance of a formal purchase order.

ASSEMBLE, TEST, & INSERVICE

Wherever applicable, quoted price is to include the assembly, testing and in-service training. Acceptance of the equipment will take place upon availability for first use as intended. Seller to provide name, address, and phone number of representative(s) responsible for local service calls. All electro-mechanical equipment will be subject to acceptance inspection by buyer’s Biomedical Engineer.

CURRENT MODEL & DESIGN TECHNOLOGY

Seller is advised of buyer’s interest in product developments that affect the function for which this equipment is intended. Seller is encouraged to include information on pending product developments that will be offered to market within the next 12 months.

ADDITIONS

Charges for packing, rigging, waste removal, etc. will not be accepted unless included in bid proposal. Items essential to the proper operation of the requested equipment shall be provided to ensure equipment functions to its intended purpose.

LEAD TIME & DELIVERY

Normal lead-time and delivery method is to be indicated on each bid response. Actual purchase documents will indicate desired delivery period and owner’s requirements for delivery. Delivery address may be to an off-site location managed by buyer’s representative.

ELECTRICAL

All items requiring electricity must be UL certified and have UL labels affixed. Bid response must indicate if emergency/UPS power will be required.

MATERIAL SAFETY DATA

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Wherever applicable, seller is to provide Material Safety Data Sheets for all equipment required by OSHA to provide material safety warnings. Any FDA recall during the past 12 months must be defined and include the documented outcome.

SERVICE & OPERATING MANUALS

Successful bidder shall be required to provide 3 copies each of service manuals of a type enabling basic on-site servicing and calibration and 3 copies of an instruction manual of a type providing instruction on the operation of the unit. These will be listed on the buyer’s purchase order as a no charge item unless indicated otherwise on your bid response.

DATA SHEETS

Product technical data sheets and sales brochures are to be provided with each bid offering. Include PDF drawings and installation requirements, if necessary.

OPTIONS & ACCESSORIES

Please provide separate detailed unit pricing on each option and/or accessory being offered. List price and discounted net price is required for each line item.

PRICING

All available discounts/benefits available to buyer through GSA contracts or other applicable agreements shall apply and be offered herein. All prices are considered proprietary and will be maintained in strict confidence. Bid should reflect both list and discounted net pricing being offered. Include a separate price quotation for service contracting after warranty period expires.

F.O.B. DESTINATION

Provide price(s) on an F.O.B. destination basis. In quoting price(s) other than F.O.B. delivery, include the dimensions and weight of each crated item. Shipping damages to item(s) shall be the responsibility of Vendor including the filing of damage claims. A designated representative shall arrange and process all returns and replacements and will assist in damage claims by providing the condition of incoming shipment and annotated freight bills to substantiate claims.

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DELIVERY

Equipment that is NOT vendor-installed will be delivered to an off-site storage location and shall be stored until the contractor authorizes delivery/installation into the facility. Vendor-installed equipment shall not be delivered to the site until an authorized facility representative requests on-site delivery. Vendor-installed equipment requiring off-site storage requirements will be the responsibility of the vendor. Items delivered before the delivery date requested on the purchase order will be the responsibility of the vendor (i.e., to be stored until required at the expense of the vendor).

WARRANTY

State type and duration of warranty on each major item/system being offered. Detail any extended warranty package available to buyer. NOTE: Warranty period shall not commence until product is placed into clinical use at the facility.

SERVICE

Provide name, title, ZIP code, and telephone for local authorized service technician covering Kayenta, AZ. The performance shall conform in all respects with the requirements of the Contract and with Navajo Nation Law, Policies, and Procedures regarding taxes.

ROUGH-IN MATERIALS

Indicate on quotation any proprietary rough-in brackets, back-boxes, or other materials that must be provided by seller and installed by contractor prior to the equipment/system being installed.

OTHER PROVISIONS/CLAUSES

Whenever federal funds are used to purchase goods and services, federal guidelines supersede Tribal guidelines.

Expenditures of federal funds must adhere to federal guidelines, including but not limited to:

1.1 Compliance with Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41CFR chapter 60).

Kayenta RFP-K15-0014 Page 15 of 27

1.2 Compliance with Copeland “Anti-Kickback” Acts as amended, (40 U.S.C. 276c; 41 U.S.C. 51) and regulations issued pursuant thereto, and 18 U.S.C. 287, 874, 1001, as amended. (All contracts and sub grants for construction or repair).

1.3 The Davis-Bacon Act (40 U.S.C. 314) provides that contracts in excess of $2,000 to which the United States or the District of Columbia is a party for construction, alteration, or repair (including painting and decorating) of public buildings or public works within the United States, shall contain a clause that no laborer or mechanic employed directly upon the site of the work shall receive less than the prevailing wage rates as determined by the Secretary of Labor.

1.4 Compliance with the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701) requires that certain contracts contain a clause specifying that no laborer or mechanic doing any part of the work contemplated by the contract shall be required or permitted to work more than 40 hours in any workweek unless paid for all additional hours at not less than 11⁄2 times the basic rate of pay.

1.5 OMB CIRCULAR 87 Cost Principles for State, Local, and Indian Tribal Governments revised 05/10/04 Compliance. This Circular establishes principles and standards for determining costs for Federal awards carried out through grants, cost reimbursement contracts, and other agreements with State and local governments and federally recognized Indian tribal governments (governmental units).

Contractor will submit all cost for hospital pharmacy and laboratory equipment to include any labor cost associated with the preparation and installation.

Additional funding can ONLY be approved by the Contracting Officer.

AWARD: The award will be made to the Offeror(s) determined to be most advantageous to the Government price and other factors considered. Award may be made with or without discussions with the offeror(s). All responsible sources that can meet the requirements and provide items as listed above may respond to this solicitation by submitting price and descriptive literature.

A. Evaluation Factors:

• Technical Capability

• Warranty Terms

• Service Coverage

• Delivery Terms

• Socioeconomic Status (e.g., native-owned, economically disadvantaged, small business)

• Price

Kayenta RFP-K15-0014 Page 16 of 27

Non-price criteria, when combined, are significant evaluation factors that will be used to arrive at a best value award decision.

The following factors shall be used to evaluate offers: Technical Capability and Price in descending order of importance. Subfactors are approximately equal in importance. The factors other than price, when combined, are more important than price.

SAM Registration - In accordance with FAR 52.204-7 System for Award Management (July 2013), contractors are required to register in the System for Award Management (SAM) database http://www.sam.gov prior to award of any contract or order.

B. Potential Conflicts of Interest

i. There is potential for conflicts of interest (see FAR Subpart 9.5, Organizational and Consultant Conflicts of Interest) due to the nature of the work contemplated under this agreement.

ii. As a part of the quote, for the BPA as well as the individual order, the offeror shall provide the Contracting Officer with complete information about previous or ongoing work that is in any way associated with the contemplated acquisition and which may present a conflict of interest or the appearance of a conflict of interest.

iii. The offeror shall inform the Contracting Officer whether, to the best of its knowledge and belief, it has any conflicts of interest as defined below: personnel, employees, or agents) has interests, either due to other activities or relationships with other organizations, which place it in a position that may be secure impartial, technically sound, objective assistance and advice from the competitive advantages may accrue to the Contractor in question.

iv. If during the course of performance of this agreement, the Contractor discovers an organizational conflict of interest with respect to the agreement which has not been reported to the Department of Indian Health Service.

The Contractor shall notify the IHS of the conflict immediately and submit a proposed mitigation plan to the IHS for approval. If the conflict cannot be avoided, eliminated or mitigated to the satisfaction of the Contracting Officer, the agreement may be terminated.

v. If during the course of performance of this agreement, the Contractor discovers a personal conflict of interest with respect to one of its personnel working on the agreement, the Contractor shall notify the Department of Indian Service of the conflict immediately and submit a proposed mitigation plan to the IHS for approval. Personal conflicts of interest will be handled by the Contracting Officer on a case-by-case basis. Depending on the severity of the conflict, alternative staff may be appointed to work on the contract. However, if substitution of personnel does not eliminate the conflict or the appearance of a conflict, the agreement may be terminated.

vi. The Contractor shall also inform the Contracting Officer of interest or presence of an appearance of a conflict of interest on the part of the Contractor.

Kayenta RFP-K15-0014 Page 17 of 27 http://www.sam.gov/

C. Prohibition of Advertising of Award - The Contractor shall not refer to this award in commercial advertising, or similar promotions in such a manner as to state or to imply that the product or services provided is endorsed, preferred, or is considered superior to other products or services by the Department of Indian Health Service.

This includes advertising, or similar promotions, in all forms or electronic, broadcast, and print media. In addition, the Contractor is restricted from reproducing the image(s) of the Department of Indian Health Service in any form of commercial advertising, or similar promotion. This includes images of official seals and buildings. Any proposed usage of such symbols must be brought to the attention of the Contracting Officer (CO).

D. Termination - An order may be terminated, canceled or modified without liability by mutual written agreement of the parties at any time. The performance of an Order by either party is subject to acts of God, war, epidemic, acts and/or threats of terrorism, IHS regulation, non-appropriation of funds, IHS budget cuts, disaster, fire, strikes, civil disorder, or other similar cause beyond the control of the parties making it inadvisable, illegal or impossible to hold the meeting or provide the facility. The order may be terminated without penalty, damages, or option fees for any one or more of such reasons by prompt written notice from one party to the other; or if this event qualifies for termination under this clause but the parties elect to hold the event on a lesser basis, IHS is released from all guarantees, commitments, and attrition fees.

E. Liability - Contractor shall indemnify and hold the IHS harmless against any and all liability, loss, expense, fee, claim, suit, judgment or damage on account of (i) any injury to the person or property of any registrant, guest, invitee, employee, agent or representative of Contractor for bodily injury, including death, property damage, personal injury an discrimination arising out of the willful or negligent acts or omissions of Contractor, its agents, Contractors, employees, agents and representatives, or (ii) any breach of the promises, representations and warranties of Contractor made herein. The IHS shall not be responsible for any property damage caused by Contractor’s negligence or willful misconduct or the negligent or willful acts of other guests or groups in the Contractor.

F. Tax Exemption - Department of Indian Health Service, as a Federal Government Agency, is tax exempt in accordance with the following tax-exempt clauses:

52.229-1 State and Local Taxes (Apr 1984)

52.229-4 Federal, State & Local Taxes (Jan 1991)

G. Insurance - The Contractor agrees to carry adequate personal property, liability and other insurance protecting itself against any claims arising from any activities conducted in the installation services at the IHS Facility.

H. Indemnification - The Contractor shall indemnify, defend and hold harmless the Department of Indian Health Service and its officers, directors, agents, and employees from and against all liabilities, actions, claims, demands, losses or damages (including reasonable attorney’s fees) arising out of or resulting from (i) any breach by the Contractor or any of the terms, conditions, representations or warranties contained in this Contract, (ii) the gross negligence or wrongful acts of the Contractor or any of its employees, agents or contractors.

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The Department of Indian Health Service does not indemnify.

I. Compliance with Law - The United States Government is sovereign over all state and local laws. All claims against the Department of Health and Human Services shall be filed in accordance with the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613).

APPENDIX: Specifications for Items Included in this RFQ

Item #1 Analyzer, Blood Gas Qty 1 Unit shall be a countertop Automated Blood Gas Analyzer suitable for use in a hospital laboratory setting.

The unit shall be UL listed, operate on 120v electrical service and provided with a Hospital Grade 3-prong plug.

The blood gas system shall perform the following tests: pH, pCO2, PO2, HCO3, TCO2, total Hgb, Oxygen Saturation, Sodium, Potassium, Lactic Acid, ionized Calcium, and Chloride by direct or calculated measurement.

Unit shall complete test analysis in an average of 60 seconds from a sample size between 100uL and 200 uL. Unit shall have a customizable QC schedule, a minimum of 3 USB ports for data interface and capable of storing 250 patient samples.

Item #2 Analyzer, Blood Type Testing Qty 1 Unit shall be a countertop Automated Blood Type Testing Analyzer suitable for use in a hospital laboratory setting. The unit shall be UL listed, operate on 120v electrical service and provided with a Hospital Grade 3-prong plug.

Unit shall have an integrated centrifuge and incubator and utilize Gel Cards using Column Agglutination Technology. The system shall be capable of running ABO Grouping / Rh Testing, Blood Unit Confirmation for A, B, AB and O, Indirect Antiglobulin Testing, Coombs Crossmatch compatibility Testing and Rh Phenotyping.

Item #3 Analyzer, Lab, MTB/RIF with 6 Color Modules and PC with software Qty 1 Unit shall be a countertop Lab Analyzer capable of testing for nasal MRSA, GBS, C difficile toxin and GC/Chlamydia by Nucleic Acid Amplification (NAAT). The unit shall be UL listed, operate on 120v electrical service and provided with a Hospital Grade 3-prong plug.

System shall include the computer, printer and associated software to perform test analysis, batch reporting and QA/QC on the system. The current software version with the recommended system

Kayenta RFP-K15-0014 Page 19 of 27 configuration for CPU, Memory and HD shall be included with the system. Delivery, set-up, installation and training shall be included.

Item #4 Analyzer, Coagulation (INR/PT) Qty 1 Unit shall be an Automated Blood Coagulation Analyzer suitable for use in a hospital setting. The unit shall be UL listed, Countertop unit and operate on 120V power.

Unit shall provide PT (prothrombin time), PTT, INR (International Normalized Ratio), Fibrinogen, FDP, and D-dimer analysis results in a simple to read standardized report output that is included in the software. Unit shall be provided with a PC with the current version of software.

Item #5 Analyzer, PCR Multiplex Qty 1 Unit shall be a countertop Analyzer suitable for use in a hospital laboratory setting. The unit shall be UL listed, operate on 120v electrical service and provided with a Hospital Grade 3-prong plug.

Unit shall test for respiratory pathogen ID, enteric pathogen ID, CSF pathogen ID, and blood culture organism identifications to include viral, bacterial, fungal pathogens, and multi-drug resistance mechanisms.

The system shall be suitable for use in BioThreat Detection and Pandemic BioSurveillance. Unit shall produce test results for up to 17 pathogens within 60 minutes.

Item #6 Bath, Plasma Thawer (FFP) Qty 1 Unit shall be a countertop Plasma Thawing Bath suitable for use in a hospital laboratory setting. The unit shall be UL listed, operate on 120v electrical service and provided with a Hospital Grade 3-prong plug.

The unit shall have a stainless steel chamber with a 4-bag capacity of not less than 4.5 gallons. Unit shall include 2 stainless steel baskets and have an overall exterior dimension of no greater than 19 inches x 17 inches x 15 inches.

Item #7 Temperature Monitoring and Alarm System Qty 3 Unit shall monitor temperature of a Plasma Thawer Bath, A Blood Bank Refrigerator and a Blood Bank Freezer. Unit shall alarm if a temperature range exceeds with the High or Low limits of the temperature range set in the system. The system shall allow the user to set both an upper and lower limits to trigger the alarm. The unit shall allow for a remote display of the alarm status and have an audible alarm which can be located no less than 100 feet from the device being monitored.

Item #8 Blood Culture System Qty 1

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Unit shall be a countertop Blood Culture System suitable for use in a hospital laboratory setting. The unit shall be UL listed, operate on 120v electrical service and provided with a Hospital Grade 3-prong plug. Unit shall be a countertop device.

The unit shall be used for growth and detection of organisms present in blood samples, including at a minimum: anaerobic and aerobic bacteria. Unit shall offer one-hand scan of samples bottles to reduce load time and increase operator efficiency. The analyzer shall utilize a non-charcoal based liquid medium and have an audible alarm for positives. The bottles must adapt to use with standard vacutainers that fit regular lithium heparin or CBC tube sizes.

Item #9 Biological Safety Cabinet Qty 1 Unit shall be a Class II, Type A Bio Safety Cabinet suitable for use in a hospital microbiology and mycology laboratory setting. The unit shall be UL listed, operate on 120v electrical service and provided with a Hospital Grade 3-prong plug.

The unit shall be no less than 4 feet wide, and offer a Non-ducted (HEPA Filtered) exhaust. The interior surfaces shall be Stainless Steel for ease of cleaning. An open base stand with manual height adjustment shall be included. A GFCI duplex outlet shall be install on each side of the cabinet interior. A UV germicidal lamp shall be included. Inside delivery, installation and Certification shall be included in the quote for this item.

Item #10 Biological Safety Cabinet Qty 1 Unit shall be a Class II, Type A Bio Safety Cabinet suitable for use in a hospital Pharmacy setting. The unit shall be UL listed, operate on 120v electrical service and provided with a Hospital Grade 3-prong plug.

The unit shall be no more than 3 feet wide, and offer a Non-ducted (HEPA Filtered) exhaust. The interior surfaces shall be Stainless Steel for ease of cleaning. An open base stand with manual height adjustment shall be included. A GFCI duplex outlet shall be installed on each side of the cabinet interior. A UV germicidal lamp and Stainless Steel IV Bar shall be included. Inside delivery and Certification shall be included in the quote for this item.

Item #11 Cell Washer, Blood Cell Qty 1 Unit shall be a countertop Blood Cell Washer suitable for use in a hospital laboratory setting. The unit shall be UL listed, operate on 120v electrical service and provided with a Hospital Grade 3-prong plug.

Unit shall have a maximum speed (RPM) of 3,550 RPM at 60Hz. Operating modesl shall include Automatic (85 second wash cycle), Manual and Check (Stops at end of each step in cycle to enable procedure verification.) Unit shall have a physical footprint of not more than 16 x 18 x 13 when lid is closed. Unit shall include the Rotor and all required accessories for use.

Item #12 Centrifuge, Dual Speed Qty 1 Unit shall be a Dual Speed Countertop Centrifuge suitable for use in a hospital laboratory setting. The unit shall be UL listed, operate on 120v electrical service and provided with a Hospital Grade 3-prong plug. A microprocessor controlled control panel shall provide an on-board tachometer, variable control

Kayenta RFP-K15-0014 Page 21 of 27 brake, locking lid that prevents the lid from being opened while the rotor is still turning and a display with run time and remaining run time. The exterior dimensions shall be no greater than 18 inches x 14 inches x 13 inches with the lid closed. Unit shall include the Rotor and all required accessories for use.

Item #13 Centrifuge, Countertop Qty 5 Unit shall be a Countertop Centrifuge suitable for use in a hospital laboratory setting. The unit shall be UL listed, operate on 120v electrical service and provided with a Hospital Grade 3-prong plug.

Unit shall be capable of producing serum or plasma in 3 minutes. A simple user interface shall provide three (3) settings for 3 minutes, 5 minutes or 10 minutes. The motor shall be a brushless, maintenance free type. Unit shall include the Rotor and all required accessories for use.

Item #14 Centrifuge, Countertop, Variable Speed, Refrigerated Qty 1 Unit shall be a Variable Speed, Refrigerated, Countertop Centrifuge suitable for use in a hospital laboratory setting. The unit shall be UL listed, operate on 120v electrical service and provided with a Hospital Grade 3-prong plug. This unit shall be used primarily for platelet poor test samples. Unit shall include the Rotor and all required accessories for use.

Item #15 Centrifuge, Countertop, High Speed Qty 1 Unit shall be a Countertop Centrifuge suitable for use in a hospital laboratory setting. The unit shall be UL listed, operate on 120v electrical service and provided with a Hospital Grade 3-prong plug. Unit shall be a microprocessor controlled unit capable 18,000 RPM. The chamber shall be constructed of stainless steel. Unit shall have an automatic imbalance switch-off. Lid shall be locked while rotor is turning. Unit shall include the Rotor and all required accessories for use.

Item #16 Station, Blood Draw, Infant, Wall Mounted Qty 1 Unit shall be a wall mounted Blood Draw station, suitable for use with infants and offer a 50 lb weight capacity. Unit shall fold-up when not in use with hydraulic cylinder assistance. Station should remain in the fixed down position when completely lowered. Overall with shall be 18 inches and overall depth shall be 47 inches when in the down position. Overall depth shall be no more than 10 inches when folder up against wall.

Item #17 Freezer, Laboratory/Pharmacy Grade, Undercounter, -30c Qty 8 Unit shall be an Under counter -30c freezer suitable for use in a hospital laboratory or Pharmacy setting.

The unit shall be UL listed, operate on 120v electrical service and provided with a Hospital Grade 3-prong plug. Unit shall be constructed with a stainless steel interior and have a capacity of 5 cu. Ft. The overall exterior dimensions shall be no greater than 24 inches wide x 25 inches deep and 35 inches tall. Unit shall have a Locking door and Manual defrost.

Item #18 Freezer, Laboratory , 1-Door, -20c Qty 2 Unit shall be a 1-Door Freezer with a capacity between 26 and 28 cubic feet suitable for use in a hospital laboratory setting. The unit shall be UL listed, operate on 120v electrical service and provided with a

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Hospital Grade 3-prong plug. Unit shall be constructed with a stainless steel interior. The overall exterior dimensions shall be no greater than 29 inches wide x 36 inches deep and 83 inches tall.

Item #19 Freezer, Blood Bank, Undercounter, -40c Qty 1 Unit shall be an Under counter -40c freezer suitable for use in a hospital laboratory setting. The unit shall be UL listed, operate on 120v electrical service and provided with a Hospital Grade 3-prong plug.

Unit shall be constructed with a stainless steel interior and have a capacity of 5.4 cu. Ft.

Item #20 Heat Block Qty 1 Unit shall be a dry block heater suitable for use in a hospital setting. The unit shall be UL listed, operate on 120v electrical service and provided with a Hospital Grade 3-prong plug.

Unit shall have a minimum of 20 wells and a footprint NOT greater than 16 x 9 x 3 tall.

Item #21 Incubator, Isotemp Qty 1 Unit shall be a Laboratory Incubator suitable for use in a Laboratory setting. The unit shall be UL listed, operate on 120v electrical service and provided with a Hospital Grade 3-prong plug.

Unit shall have a chamber size of 5.0 cubic feet, contain 2 shelves and a temp range of at least 30c – 75c.

The exterior dimensions shall be NO greater than 24 x 27 x 40 tall. Unit shall include a temperature recorder and a USB output.

Item #22 Incubator, CO2 Qty 1 Unit shall be a Laboratory CO2 Incubator suitable for use in a Laboratory setting. The unit shall be UL listed, operate on 120v electrical service and provided with a Hospital Grade 3-prong plug. Unit shall have a CO2 gas test port to allow external sampling for CO2 gas.

Unit shall be an air-jacketed CO2 incubator with a have a chamber size of 6.2 cubic feet, contain 3 shelves and a temp range of at least 5c – 60c. The exterior dimensions shall be NO greater than 28 x 28 x 35 tall.

Unit shall include a temperature recorder and a USB output.

Item #23 Incubator, O2 Qty 1 Unit shall be a Laboratory Oxygen Incubator suitable for use in a Laboratory setting. The unit shall be UL listed, operate on 120v electrical service and provided with a Hospital Grade 3-prong plug. Unit shall have an O2 gas test port to allow external sampling for Oxygen gas.

Unit shall have a chamber size of 6.2 cubic feet, contain 3 shelves and a temp range of at least 5c – 60c.

The exterior dimensions shall be NO greater than 28 x 28 x 35 tall. Unit shall include a temperature recorder and a USB output.

Item #24 Incubator, Platelet, Countertop Qty 1

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Unit shall be a Laboratory Incubator for Platelets suitable for use in a Laboratory setting. The unit shall be UL listed, operate on 120v electrical service and provided with a Hospital Grade 3-prong plug.

Unit shall be constructed with a bacteria-resistance powder coated interior. The exterior dimensions shall be NO greater than 22 x 25 x 20 tall. Unit shall include a temperature recorder and a USB output.

Item #25 Analyzer, Microbiology Susceptibility/ID System Qty 1 Unit shall be a Microbiology Analyzer for use in a Laboratory setting.

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