S02 36C26326Q0337.pdf

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6640--EQ Vanquish Flex UHLPC in support of the Sioux Falls VAHCS
Solicitation number
36C26326Q0337
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This is a Request for Quote (RFQ) for laboratory equipment issued by the Department of Veterans Affairs Network Contracting Office 23 for the Sioux Falls VA Healthcare System.

The solicitation seeks quotations for a Vanquish Flex Ultra High Pressure Liquid Chromatography (UHPLC) system and associated components on a brand-name-or-equal basis. The requirement includes 28 line items encompassing the complete UHPLC system, ancillary modules, detectors, software licenses, onsite support, power cords, and consumables. Key items include the System Base Vanquish Horizon/Flex (Item 0001), Base Module, Solvent Rack, Binary Pump F, Split Sampler FT, Column Compartment H, Diode Array Detector HL, Fluorescence Detector F, Integral Fraction Collector FT, and various supporting equipment and software. The solicitation mandates procurement from Original Equipment Manufacturers (OEM) or authorized resellers with authenticity attestation. All deliverables must comply with CFR Title 15 Part 7 regarding ICTS supply chain security and include software bills of materials (SBOM) in NTIA-compliant formats. Technical questions are due by February 11, 2026 at 10:00 AM CST, and all quotes must be received by February 18, 2026 at 10:00 AM CST. Delivery is required by July 31, 2026 to the Sioux Falls VA Healthcare System at 2501 W. 22nd Street, Sioux Falls, South Dakota 57105, on an FOB Destination basis. The acquisition is unrestricted (full and open competition). Evaluation will be based on price alone. Payment will be made electronically through the Tungsten Network e-invoicing system, with invoices due by the tenth of the following month services were performed. A one-year warranty or manufacturer's warranty (whichever is greater) is required, with delivery expected 90-120 days after award.

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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

438-26-2-040-0012

36C26326Q0337 02-04-2026

Marie Weathers 605-347-2511 02-18-2026

10AM CST

36C263

DEPARTMENT OF VETERANS AFFAIRS

NETWORK CONTRACTING OFFICE 23

VA BLACK HILLS HCS FORT MEADE CAMPUS

113 COMANCHE RD

FORT MEADE SD 57741

X

334516

1000 Employees

N/A

X

Department of Veterans Affairs Sioux Falls VA Healthcare System 2501 W. 22nd St.

Sioux Falls, SD 57105

DEPARTMENT OF VETERANS AFFAIRS

NETWORK CONTRACTING OFFICE 23

VA BLACK HILLS HCS FORT MEADE CAMPUS

113 COMANCHE RD

FORT MEADE SD 57741

Tungsten Electronic Invoicing VA Tungsten Number: AAA544240062 va.registraction@tungsten-network.com Refer to VAAR 852.232-72

See CONTINUATION Page

Request for quotes for Vanguish Flex UHLPC (Brand Name or Equal) in support of the Sioux Falls VA Healthcare System.

Refer to Section B.2 for line items requested.

Refer to Fuctional/Performance/Specifications for more details.

FOB Destination Deliver on/before 07/31/2026 Refer to 52.225-1 for Buy American Certificate

All technical questions must be received in writing by 02/11/2026 by 10:00AM CST by marie.weathers@va.gov

All Quotes must be received by 02/18/2026 by 10:00am CST by marie.weathers@va.gov

See CONTINUATION Page

438-3660160-040-820100-3131-0100C6075 438-26-2-040-0012

X X

X 1(one)

Marie Weathers

VA-VHA-RPOC - 2026-0001

36C26326Q0337

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

B.3 DELIVERY SCHEDULE

B.4 Functional/Performance/Specification (Brand Name or Equal)

B.5 IT SECURITY

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

C.2 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

C.3 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.4 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.5 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.6 52.225-1 BUY AMERICAN—SUPPLIES (OCT 2022)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023)

E.2 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)

E.3 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS

AND CERTIFICATIONS (NOV 2025) (DEVIATION)

E.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.5 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION

FEB 2025)

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 36C263

NETWORK CONTRACTING OFFICE 23

VA BLACK HILLS HCS FORT MEADE CAMPUS

113 COMANCHE RD

FORT MEADE SD 57741

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 may be submitted after deliver and acceptance of items.

4. Billing/Accounting/Invoices

4.1 Payments shall be made upon delivery and acceptance in arrears upon receipt of a properly prepared invoice. IAW FAR 52.212-4 (g), FAR 52.232-33, and VAAR 852.232-72.

4.2 In order to comply with the Improper Payment Elimination and Recovery Act of 2010 (IPERA), the VA has mandated electronic invoice submission to the Veterans Affairs Financial Services Center (VAFSC). VAFSC has partnered with Tungsten Corporation e-Invoicing network for submissions of all electronic invoices to VA. Tungsten Network electronic invoicing is free to all VA vendors. In order to submit electronic invoices, all VA vendors must register with Tungsten Network by submitting an email to VA.Registration@tungsten-network.com or calling 1-877-752-0900 option 2 for Enrollment.

4.3 Invoices will be electronically submitted to the Tungsten website at Tungsten direct vendor support number is 877-489-6135 for VA contracts. The VA-FSC pays all associated transaction fees for VA orders. During Implementation (technical set-up) Tungsten will confirm your Tax Payer ID Number with the VA-FSC. This process can take up to 5 business days to complete to ensure your invoice is automatically routed to your Certifying Official for approval and payment.

To successfully submit an invoice to VA-FSC please review “How to Create an Invoice” within the how to guides. All invoices submitted through Tungsten to the VA-FSC should mirror your current submission of Invoice, with the following items required. Clarification of additional requirements should be confirmed with your Certifying Official (your CO or buyer). The VA-FSC requires specific information in compliance with the Prompt Pay Act and Business Requirements. For additional information, please contact:

Tungsten Support

Phone: 1-877-489-6135

Website: https://www.tungsten-network.com/us/support/

Department of Veterans Affairs Financial Service Center

Phone: 1-877-353-9791 Email: vafscched@va.gov

4.4 Reduction in Services: This is a fixed quantity contract for a specified number of items. If, at the end of the period of performance, the government has not utilized the total number of items required under this contract because of a change in its requirements, the parties agree that they will attempt to negotiate in good faith a contract modification reducing the scope of the contract with a corresponding adjustment in the total contract price.

4.5 In no event will VA pay for hours worked that exceed the total number of hours specified in the contract for the period of performance.

4.6 Payments in full/no billing VA beneficiaries: The Contractor shall accept payment for services rendered under this contract as payment in full. VA beneficiaries shall not under any circumstances be charged nor their insurance companies charged for services rendered by the Contractor, even if VA does not pay for those services. This provision shall survive the termination or ending of the contract.

4.7 To the extent that the Veteran desires services which are not a VA benefit or covered under the terms of this contract, the Contractor must notify the Veteran that there will be a charge for such service and that the VA will not be responsible for payment.

4.8 The Contractor shall not bill, charge, collect a deposit from, seek compensation, remuneration, or reimbursement from, or have any recourse against, any person or entity other than VA for services provided pursuant to this contract. It shall be considered fraudulent for the Contractor to bill other third-party insurance sources (including Medicare) for services rendered to Veteran enrollees under this contract. Contractor shall submit an electronic invoice by the tenth (10th) of the following month services were performed to the Veterans Affairs Financial Services Center (VAFSC) e-Invoice through the website at https://portal.tungsten-network.com/Login.aspx. For questions regarding the submission of VA electronic invoices, OB10 customer service may be contacted at 1-877-489-6135.

4.9 For questions regarding invoice receipt or payment, please call VAFSC directly at 1-877- 353-9791 or email vafsccshd@va.gov.

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

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 EA __________________ __________________

SYSTEM BASE VANQUISH HORIZON / FLEX

PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6640 - Laboratory Equipment and Supplies

LOCAL STOCK NUMBER: VF-S01-A-02

BASE MODULE VANQUISH

PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6640 - Laboratory Equipment

LOCAL STOCK NUMBER: 6036.1100

SOLVENT RACK VANQUISH

PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6640 - Laboratory Equipment

LOCAL STOCK NUMBER: 6036.1350

Binary Pump F PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing

PRODUCT/SERVICE CODE: 6640 - Laboratory Equipment

LOCAL STOCK NUMBER: VF-P10-A-01

Split Sampler FT PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6640 - Laboratory Equipment

LOCAL STOCK NUMBER: VF-A10-A-02

SAMPLE LOOP,LEFT,1ML,MP35N,VH/F-A10/40

PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6640 - Laboratory Equipment

LOCAL STOCK NUMBER: 6850.1980

COLUMN COMPARTMENT H

PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6640 - Laboratory Equipment

LOCAL STOCK NUMBER: VH-C10-A-03

2.00 EA __________________ __________________

VALVE 2-P 6-P 150 MPA BIO VH-C/VC-C

PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6640 - Laboratory Equipment

LOCAL STOCK NUMBER: 6036.2520

Diode Array Detector HL PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6640 - Laboratory Equipment

LOCAL STOCK NUMBER: VH-D10-A

FLUORESCENCE DETECTOR F, D-PMT

PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6640 - Laboratory Equipment

LOCAL STOCK NUMBER: VF-D51-A

LIGHTPIPE FLOW CELL, HISENS, 60MM, VH-D1

PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6640 - Laboratory Equipment

LOCAL STOCK NUMBER: 6083.0200B

OVERPRESSURE RELIEF V., 60BAR, VH-D1

PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6640 - Laboratory Equipment

LOCAL STOCK NUMBER: 6083.9260

FLOW CELL STD BIO, 8UL, VF/C-D5X

PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6640 - Laboratory Equipment

LOCAL STOCK NUMBER: 6079.4230

OVERPRESSURE RELIEF V., 40BAR, VF/C-D5X

PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6640 - Laboratory Equipment

LOCAL STOCK NUMBER: 6079.9240

Integral Fraction Collector FT PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6640 - Laboratory Equipment

LOCAL STOCK NUMBER: VF-F20-A-01

DELAY CAP.,PEAK-FC,0.5-1ML-MIN,VF-F20

PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6640 - Laboratory Equipment

LOCAL STOCK NUMBER: 6706.1110

PC,XE4,2x512SSD,32GB,i7,W10,RoHS PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6640 - Laboratory Equipment

LOCAL STOCK NUMBER: 7200.0850-ICSP

MONITOR,DELL,24 IN,RoHS PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6640 - Laboratory Equipment

LOCAL STOCK NUMBER: 071664

Vanquish F Essen. Kit 1 each 27101-052130 - Vanquish C18+ column 50mm 1 each F25130-2 - 100pk Nylon Syringe Filters 1 each F7510-3 - 100pk disposable syringe 1 each 60180-VT402 - 100pk Surestop vials and caps PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6640 - Laboratory Equipment

LOCAL STOCK NUMBER: 27101-052130-BNDL

2.00 EA __________________ __________________

2 DAYS LC ONSITE SUPPORT

PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing

LOCAL STOCK NUMBER: 702-029402

7.00 EA __________________ __________________

POWER CORD USA-VERSION

PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6640 - Laboratory Equipment

LOCAL STOCK NUMBER: 6000.1001

3rd Party LC for Enterprise For control of one 3rd party LC instrument in an Enterprise environment For control of one 3rd party LC instrument Includes one Class 3 license Enterprise installations only Also includes Instrument Controller, Spectral, and Fraction Collection features PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6640 - Laboratory Equipment

LOCAL STOCK NUMBER: 7200.1003

ENTERPRISE CLIENT

PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6640 - Laboratory Equipment

LOCAL STOCK NUMBER: 7200.0300

CM LICENSE CODE: NEW Required for all new Chromeleon 7.3 or later installations and includes: New license Code Installation media Chromeleon box PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6640 - Laboratory Equipment

LOCAL STOCK NUMBER: 7350.0104A

Antec Scientific DECADE Elite SCC PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing

LOCAL STOCK NUMBER: 278-1289900

NEEDLE CAPILLARY, MP35N, ID 0.18, VF-F20

PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6640 - Laboratory Equipment

LOCAL STOCK NUMBER: 6706.1010

FLUSH BUFFER LOOP 50UL, VF-F20

PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6640 - Laboratory Equipment

LOCAL STOCK NUMBER: 6706.1070

TOOL KIT VANQUISH H/F/C

PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6640 - Laboratory Equipment

LOCAL STOCK NUMBER: 6007.9311

GRAND TOTAL __________________

B.3 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

0001 SHIP TO: Sioux Falls VA Healthcare System 2501 W. 22nd St.

USA

1.00 Deliver on/before

7/31/26

MARK FOR: Brian Harvill 605-336-3230 x96576 brian.harvill@va.gov

FOB: DESTINATION

0002 SHIP TO: Sioux Falls VA Healthcare System 2501 W. 22nd St.

MARK FOR: Brian Harvill

0003 SHIP TO: Sioux Falls VA Healthcare

2501 W. 22nd St.

MARK FOR: Brian Harvill

0004 SHIP TO: Sioux Falls VA Healthcare

2501 W. 22nd St.

MARK FOR: Brian Harvill

0005 SHIP TO: Sioux Falls VA Healthcare

2501 W. 22nd St.

MARK FOR: Brian Harvill

0006 SHIP TO: Sioux Falls VA Healthcare

2501 W. 22nd St.

MARK FOR: Brian Harvill

0007 SHIP TO: Sioux Falls VA Healthcare

2501 W. 22nd St.

MARK FOR: Brian Harvill

0008 SHIP TO: Sioux Falls VA Healthcare

2501 W. 22nd St.

2.00 Deliver on/before

MARK FOR: Brian Harvill

0009 SHIP TO: Sioux Falls VA Healthcare

2501 W. 22nd St.

MARK FOR: Brian Harvill

0010 SHIP TO: Sioux Falls VA Healthcare

2501 W. 22nd St.

MARK FOR: Brian Harvill

0011 SHIP TO: Sioux Falls VA Healthcare

2501 W. 22nd St.

MARK FOR: Brian Harvill

0012 SHIP TO: Sioux Falls VA Healthcare

2501 W. 22nd St.

MARK FOR: Brian Harvill

0013 SHIP TO: Sioux Falls VA Healthcare

2501 W. 22nd St.

MARK FOR: Brian Harvill

0014 SHIP TO: Sioux Falls VA Healthcare

2501 W. 22nd St.

MARK FOR: Brian Harvill

0015 SHIP TO: Sioux Falls VA Healthcare System 2501 W. 22nd St.

MARK FOR: Brian Harvill

0016 SHIP TO: Sioux Falls VA Healthcare

2501 W. 22nd St.

MARK FOR: Brian Harvill

0017 SHIP TO: Sioux Falls VA Healthcare

2501 W. 22nd St.

MARK FOR: Brian Harvill

0018 SHIP TO: Sioux Falls VA Healthcare

2501 W. 22nd St.

MARK FOR: Brian Harvill

0019 SHIP TO: Sioux Falls VA Healthcare

2501 W. 22nd St.

Sioux Falls, SD 57105

MARK FOR: Brian Harvill

0020 SHIP TO: Sioux Falls VA Healthcare

2501 W. 22nd St.

2.00 Deliver on/before

MARK FOR: Brian Harvill

0021 SHIP TO: Sioux Falls VA Healthcare

2501 W. 22nd St.

7.00 Deliver on/before

MARK FOR: Brian Harvill

0022 SHIP TO: Sioux Falls VA Healthcare

2501 W. 22nd St.

MARK FOR: Brian Harvill

0023 SHIP TO: Sioux Falls VA Healthcare

2501 W. 22nd St.

MARK FOR: Brian Harvill

0024 SHIP TO: Sioux Falls VA Healthcare

2501 W. 22nd St.

MARK FOR: Brian Harvill

0025 SHIP TO: Sioux Falls VA Healthcare

2501 W. 22nd St.

MARK FOR: Brian Harvill

0026 SHIP TO: Sioux Falls VA Healthcare

2501 W. 22nd St.

MARK FOR: Brian Harvill

0027 SHIP TO: Sioux Falls VA Healthcare

2501 W. 22nd St.

MARK FOR: Brian Harvill

0028 SHIP TO: Sioux Falls VA Healthcare System 2501 W. 22nd St.

MARK FOR: Brian Harvill

B.4 Functional/Performance/Specification (Brand Name or Equal)

1.0 General Scope

Sioux Falls VA Health Care System requires the following Brand Name or Equal items:

The contractor shall provide all materials, equipment, assembly instructions, and delivery to Sioux Falls VA.

2.0 Performance Requirements

The contractor shall provide and be responsible for technical assistance, development, and generation for final specifications.

Installation and delivery to the Research building, a one level building located on the Sioux Falls VA Health Care System campus at 2501 West 22nd Street, Sioux Falls, SD 57105. Ground level unloading is required. Installation window to be arranged during the activation timeframe with a tentative installation date of July 2026. VA will provide a schedule update at the time of award. At least ten-day notice prior to installation is required.

Duty hours will be 8am to 430pm, Monday thru Friday excluding holidays. The Government recognized US holidays are: New Year’s Day, Martin Luther King, Jr. Day, Presidents Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day. If the holiday falls on Sunday, it is observed on Monday.

3.0 PRODUCT (Functional/Performance/Specification (Brand Name or Equal))

This requirement includes meeting Brand Source or equivalent to Vanquish Flex + AS + FC + DAD + FLD + ECD Ultra High Pressure Liquid Chromatography (UHPLC) System. UHPLC System includes System Base (VF-S01-A-02); Base Module (6036.1100); Solvent Rack (6036.1350); Binary Pump F (VF-P10-A-01);

Split Sampler FT (VF-A10-A-02); Sample Loop Left, 1ml (6850.1980); Column Compartment H (VH-C10-A-03); Valve 2-P 6-P 150 MPA BIO VH-C/VC-C (6036.2520); Diode Array Detector HL (VH-D10-A), Fluorescence Detector F, D- PMT (VF-D51-A); Lightpipe Flow Cell, Hisens, 60mm, VH-D1 (6083.0200B), Overpressure Relief Valve, 60mm, VH-D1 (6083.9260); Flow Cell STD BIo, 8UL, VF/C-D5X (6079.4230); Overpressure Relief Valve, 40BAR, VF/C-D5X

(6079.9240); Integral Fraction Collector FT (VF-F20-A-01); Delay Camp., PEAK-FC, 0.5ml-MIN, VF-F20 (6706.1110); PC,XE4,2x512SSD,32GB,i7,W10,RoHS (7200.0850-ICSP); Monitor, Dell 24In RoHS (071664); Vanquish F Essentials Kit (27101-052130-BNDL); 3rd Party LC for Enterprise(7200.1003); Enterprise Client (7200.0300), Chromeleon License (7350.0104A); Antec Scientific DECADE Elite SCC (278-1289900); Needle Capillary, MP35N, ID 0.18, VF-F20 (6706.1010); flush Buffer Loop 50ul, VF-F20 (6706.1070); Vanquish H/F/C Tool Kit (6007.9311), and extended warrantee.

Sioux Falls VA Health Care System requires the following:

A. System Base Vanquish Horizon/Flex

• System includes base module, solvent rack, system tubing for 1-column flow path incl. 1 active pre-heater and 1 passive pre-heater, and system installation accessories

• Must have a maximum pressure of 1500 bar

• Must provide a flow range of 0–5 mL/min

• Must be biocompatible

• Must provide a pH range of 2–12 and a chloride concentration up to 1 mol/L

• Must have an injection volume range of 0.01-25 µL

• Must provide sample cooling of 4-40°C

• Must have a column compartment thermostatting of between 5-120 °C

• Must provide still air and forced air to the system

• Must provide an active and passive column compartment pre-heater

• Must provide a post column compartment cooler.

B. Base Module Vanquish C. Solvent Rack Vanquish D. Binary Pump F

• Provide a serial dual-piston pump for the operating principle

• Must have a Flow Range of 0.001–8 mL/min, in 1 μL/min increments

• Must provide a pressure range of 2–103 MPa (20–1034 bar, 290–15,000 psi) with a flow rate above 5 mL/min. Must be able to decrease the pressure range linearly down to 80 MPa (800 bar, 11,600 psi)

• Must provide a fully automated, independent of mobile phase composition

• Flow Accuracy must be within ±0.1%

• Flow Precision must be <0.05% RSD or <0.01 min SD, whichever is greater

• Pulsation must be <1.0% or <0.2 MPa, whichever is greater

• Must provide a High-pressure gradient proportioning

• Proportioning Accuracy must be within ±0.2% of full-scale

• Proportioning Precision must be <0.15% SD

• Must provide 2 solvent lines out of the 6 lines

• Must have a mixer volume of 200 µL (50 µL proprietary capillary mixer and

150 µL static mixer, default configuration)

• Must have a dwell volume of 200 μL (default configuration)

• Must provide at least a built in 2 channel solvent degassing capability

• Must operate using 100–240 V AC, 50/60 Hz electrical power

E. Vanquish Split Sampler FT

• Must provide a carryover <0.002% with caffeine

• Dimensions: (L x W x H) (11.4 in. x 16.5 in. x 24.4 in.)

• Injection Cycle Time must allow down to 8 sec. injection intervals

• Injection Volume Precision must be <0.25% area RSD for 1 μL (caffeine in water)

• Injection Volume Range must allow 25 μL, min. step 0.01 μL; Optional: 0.01 to 100 μL

• Must provide at least USB 2.0 or better and 3-port-HUB

• Sample compartment temperature range from 4°C to 40°C

• Must provide a Split Loop injection capability

F. Sample Loop, Left, 1ML, MP35N, VH/F-A10/40 G. Column Compartment H

• Must have a column capacity of 2 x max, 300 mm w/pre-heater or guard column, Max. ID: 10 mm; 2 x max, 250 mm w/pre-heater and guard column, Max. ID: 10 mm

• Must allow column to cool down to 5 °C (max. 18 K below ambient)

• Must provide an active eluent preheating and post-column cooling capability

H. Valve 2-P 6-P 150 MPA BIO VH-C/VC-C

• Must have a 1500 bar pressure capability

• Must provide a Low port-to-port volume optimized for low-flow UHPLC, for minimal band dispersion and gradient delay

• Must provide a 2-position/6-port switching valve

I. Diode Array Detector HL

• Must be able to provide UV-vis Detection (Up to 10 Channels)

• Drift must be < 0.5 mAU/hour at 230nm

• Must operate using 100–240 V AC, 50/60 Hz electrical power

• Must provide standard flow cell volume using a LightPipe flow cell, 10mm

High Sensitivity, Light Pipe flow cell, 60mm LightPipe diagnostic cell

• Must have a Deuterium lamp

• Linearity must be < 5% at 2.0 AU (typically < 5% (at 2.5 AU))

• Max. Cell Operating Pressure must be 60 bar, 870 psi and limited to 6 MPa

• Noise must be within < ± 3 μAU (at 230 nm (standard flow cell, bandwidth: 4 nm, slit width: 4 nm; time constant: 2 s))

• Must have 10 + 3D field channels

• Photodiode Array must use a 1024 element

• Must provide Slit Widths of 1 mm, 2 mm, 4 mm, 8 nm

• Must have a pixel resolution: 0.5nm (average) Optical resolution: 1nm

(FWHM with 1nm slit width)

• Must operate within a temperature range of 5 to 35°C; 20 to 80% RH (non-condensing)

• Wavelength Accuracy must be within ± 1 nm

• Must have a wavelength range of 190 to 680 nm

• Wavelength Repeatability must be within ± 0.1 nm

• Must provide a data collection rate of 200 Hz Max.

• Detector Type must be a Single-Beam J. Fluorescence Detector F, D-PMT

• Detection mode must provide Up to 4 Channels

• Must operate using 100–240 V AC, 50/60 Hz electrical power

• Must have a variable emission filter with at least 5 positions

• Standard flow cell must be 8 μL, biocompatible, and 20 bar (290 psi) maximum cell pressure

• Micro flow cell must be 2 μL, biocompatible; and 40 bar (290 psi) maximum cell pressure

• Flow Cell Thermostatting must provide ambient temperature range of +15°C to 50°C

• Lamp must be a Xenon Flash Lamp

• Lamp Pulse Frequency must have HighPower (∼300 Hz), Standard (∼100

Hz); and LongLife (∼20 Hz) settings

• Must have up to 4 fluorescence channels

• Optical System must consist of Two monochromators w/ concave holographic gratings and elliptic mirrors for highest efficiency in light transmission

• Sensitivity must be Raman S/N: >550 ASTM over the entire lifetime of the lamp (>2100 using dark signal as noise reference)

• Spectral Bandwidth mush FWHM: Excitation: 20 nm; Emission: 20 nm

• Temperature Range must be within 5°C to 35°C with 20 to 80% RH (non-condensing)

• Wavelength accuracy must be within ±2 nm

• Wavelength repeatability must be within ±0.2 nm

• Wavelength range excitation must be within 200-880 nm, Emission: 220-900 nm K. Lightpipe Flow Cell, Hisens, 60MM, VH-D1

• Standard flow cell volumes must be 2μL (illuminated) and 0.8μL (dispersion)

• Standard flow cell pressure limit must be 6MPa (60bar, 870psi)

• High sensitivity flow cell volumes must be 13μL (illuminated) and 4.0μL

(dispersion)

• High sensitivity flow cell pressure limit must be 6MPa (60bar, 870psi)

L. Overpressure relief V., 60BAR, VH-D1 M. Flow Cell STD BIO, 8UL, VF/C-D5X N. Overpressure Relief V., 40BAR, VF/C-D-D5X O. Integral Fraction Collector FT

• Carryover must be < 0.15% with flush enabled

• Must provide Peak-based, time-based and manual fractionation; pooling, wrapping, and concatenating collection modes.

• Flow rate range must be within 0.05 mL/min - 10 mL/min

• Fraction compartment temperature range must be within 4-40°C, cooling ≥

23 K below ambient at < 80% relative humidity P. Delay CAP., PEAK-FC, 0.5ML-MIN, FV-F20 PC, XE4, 2x512SSD, 32GB, i7, W10, roHS

• Operating System must be equal to or better than Windows 10 Professional 64-bit

• Processor must be equivalent or better than an Intel Core i7-8700

• Must have at least 32GB RAM

• Hard Drive must be 2 x 512 GB SSD or better

Q. Monitor, Dell, 24" RoHS

• Maximum resolution must be 1920 x 1080 @ 60 Hz or better

• Diagonal viewing size must be 23.8 in. or larger

• Aspect ratio must be 16:9

R. Vanquish F Essen. Kit consisting of:

• 1 each 27101-052130 - Vanquish C18+ column 50mm

• 1 each F25130-2 – 100pk Nylon Syringe Filters

• 1 each F7510-3 – 100pk disposable syringe

• 1 each 60180-VT402 – 100pk Surestop vials and caps

S. 2 Days LC Onsite Support T. Power Cord (125V) 3xAWG18, 2.0 m U. Software: 3rd Party LC for Enterprise V. Software: Enterprise Client W. Chromeleon 7.3 or later, License Code: New X. Antec Scientific DECADE Elite SCC Y. Neele Capillary, MP35N, ID 0.18, VF-F20 Z. Flush Buffer Loop 50UL, VF-F20 AA. Tool Kit Vanquish H/F/C BB. Option: Extended Warranty - Vanquish Flex Split Sampler FT CC. Option: Extended Warranty - Vanquish Flex Fluroescence Dual Detector

F DD. Option: Extended Warranty - Vanquish Flex Integral Fraction Collector EE. Option: Extended Warranty - Vanquish Flex Binary Pump FF. Option: Extended Warranty - Vanquish Flex Base System GG. Option: Extended Warranty - Vanquish Column Compartment H HH. Option: Extended Warranty - Vanquish Diode Array Detector HL

(without flow cell)

4.0 SERVICES

Warranty Information – 1 Year Warranty or Manufacturer’s Warranty – Whichever is greater.

Delivery to Sioux Falls VA Medical Center 2501 W 22nd St Sioux Falls SD, 57105 90- 120 days after award.

B.5 IT SECURITY

1. GENERAL. This entire section applies to all acquisitions requiring any Information Security and Privacy language. Contractors, contractor personnel, subcontractors and subcontractor personnel will be subject to the same federal laws, regulations, standards, VA directives and handbooks, as VA personnel regarding information and information system security and privacy.

2. VA INFORMATION CUSTODIAL LANGUAGE. N/A

3. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS. N/A

4. TRAINING. N/A

5. SECURITY INCIDENT INVESTIGATION. N/A

6. INFORMATION SYSTEM DESIGN AND DEVELOPMENT. N/A

7. INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE OR USE. N/A

8. SECURITY AND PRIVACY CONTROLS COMPLIANCE TESTING, ASSESSMENT

AND AUDITING. N/A

9. PRODUCT INTEGRITY, AUTHENTICITY, PROVENANCE, ANTI-COUNTERFEIT

AND ANTI-TAMPERING.

a. The contractor shall comply with Code of Federal Regulations (CFR) Title 15 Part 7, “Securing the Information and Communications Technology and Services (ICTS) Supply Chain”, which prohibits ICTS Transactions from foreign adversaries. ICTS Transactions are defined as any acquisition, importation, transfer, installation, dealing in or use of any information and communications technology or service, including ongoing activities, such as managed services, data transmission, software updates, repairs or the platforming or data hosting of applications for consumer download.

b. When contracting terms require the contractor to procure equipment, the contractor shall purchase or acquire the equipment from an Original Equipment Manufacturer (OEM) or an authorized reseller of the OEM. The contractor shall attest that equipment procured from an OEM or authorized reseller or distributor are authentic. If procurement is unavailable from an OEM or authorized reseller, the contractor shall submit in writing, details of the circumstances prohibiting this from happening and procure a product waiver from the VA COR/CO.

c. All contractors shall establish, implement, and provide documentation for risk management practices for supply chain delivery of hardware, software (to include patches) and firmware provided under this agreement. Documentation will include chain of custody practices, inventory management program, information protection practices, integrity management program for sub-supplier provided components, and replacement parts requests. The contractor shall make spare parts available. All contractor(s) shall specify how digital delivery for procured products, including patches, will be validated and monitored to ensure consistent delivery. The contractor shall apply encryption technology to protect procured products throughout the delivery process.

d. If a contractor provides software or patches to VA, the contractor shall publish or provide a hash conforming to the FIPS Security Requirements for Cryptographic Modules (FIPS 140-2 or successor).

e. The contractor shall provide a software bill of materials (SBOM) for procured (to include licensed products) and consist of a list of components and associated metadata which make up the product. SBOMs must be generated in one of the data formats defined in the National Telecommunications and Information Administration (NTIA) report “The Minimum Elements for a Software Bill of Materials (SBOM).”

f. Contractors shall use or arrange for the use of trusted channels to ship procured products, such as U.S. registered mail and/or tamper-evident packaging for physical deliveries.

g. Throughout the delivery process, the contractor shall demonstrate a capability for detecting unauthorized access (tampering).

h. The contractor shall demonstrate chain-of-custody documentation for procured products and require tamper-evident packaging for the delivery of this hardware.

10. VIRUSES, FIRMWARE AND MALWARE. N/A

11. CRYPTOGRAPHIC REQUIREMENT. N/A

12. PATCHING GOVERNANCE. N/A

13. SPECIALIZED DEVICES/SYSTEMS (MEDICAL DEVICES, SPECIAL PURPOSE

SYSTEMS, RESEARCH SCIENTIFIC COMPUTING).

a. Contractor supplies/delivered Medical Devices, Special Purpose Systems- Operational Technology (SPS-OT) and Research Scientific Computing Devices shall comply with all applicable Federal law, regulations, and VA policies. New developments require creation, testing, evaluation, and authorization in compliance with processes specified on the Specialized Device Cybersecurity Department Enterprise Risk Management (SDCD-ERM) Portal, VA Directive 6550, Pre-Procurement Assessment and Implementation of Medical Devices/Systems, VA Handbook 6500, and the VA Information Security Knowledge Service. Deviations from Federal law, regulations, and VA Policy are identified and documented as part of VA Directive 6550 and/or the VA Enterprise Risk Analysis (ERA) processes for Specialized Devices/Systems processes.

b. All contractors and third-party service providers shall address and/or integrate applicable VA Handbook 6500 and Information Security Knowledge Service specifications in delivered IT systems/solutions, products and/or services. If systems/solutions, products and/or services do not directly match VA security requirements, the contractor shall work though the COR/CO for governance or resolution.

c. The contractor shall certify to the COR/CO that devices/systems that have completed the VA Enterprise Risk Analysis (ERA) process for Specialized Devices/Systems are fully functional and operate correctly as intended. Devices/systems must follow the VA ERA authorized configuration prior to acquisition and connection to the VA computing environment. If VA determines a new VA ERA needs to be created, the contractor shall provide required technical support to develop the configuration settings. Major changes to a previously approved device/system will require a new ERA.

d. The contractor shall comply with all practices documented by the Food Drug and Administration (FDA) Premarket Submission for Management of Cybersecurity in Medical Devices and Postmarket Management of Cybersecurity in Medical Devices.

e. The contractor shall design devices capable of accepting all applicable security patches with or without the support of the contractor personnel. If patching can only be completed by the contractor, the contractor shall commit the resources needed to patch all applicable devices at all VA locations. If unique patching instructions or packaging is needed, the contractor shall provide the necessary information in conjunction with the validation/testing of the patch. The contractor shall apply security patches within 30 business days of the patch release and have a formal tracking process for any security patches not implemented to include explanation when a device cannot be patched.

f. The contractor shall provide devices able to install and maintain VA-approved antivirus capabilities with the capability to quarantine files and be updated as needed in response to incidents. Alternatively, a VA-approved whitelisting application may be used when the contractor cannot install an anti-virus / anti- malware application.

g. The contractor shall verify and document all software embedded within the device does not contain any known viruses or malware before delivery to or installation at a VA location.

h. Devices and other equipment or systems containing media (hard drives, optical disks, solid state, and storage via chips/firmware) with VA sensitive information will be returned to the contractor with media removed. When the contract requires return of equipment, the options available to the contractor are the following:

(1) The contractor shall accept the system without the drive, firmware and solid state.

(2) VA’s initial device purchase includes a spare drive or other replacement media which must be installed in place of the original drive at time of turn- in; or

(3) Due to the highly specialized and sometimes proprietary hardware and software associated with the device, if it is not possible for VA to retain the hard drive, firmware, and solid state, then:

(a) The equipment contractor shall have an existing BAA if the device being traded in has sensitive information stored on it and hard drive(s) from the system are being returned physically intact.

(b) Any fixed hard drive, Complementary Metal-Oxide-Semiconductor (CMOS), Programmable Read-Only Memory (PROM), solid state and firmware on the device must be non-destructively sanitized to the greatest extent possible without negatively impacting system operation. Selective clearing down to patient data folder level is recommended using VA approved and validated overwriting technologies/methods/tools. Applicable media sanitization specifications need to be pre-approved and described in the solicitation, contract, or order.

14. Data Center Provisions: N/A

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered;

and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(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) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212- 5(b) for the appropriate EFT clause.

(4) 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 which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) 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; and

(D) Contractor point of contact.

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

(6) 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 33.211 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 32.607-2).

(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 default termination.

(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 prescribed in FAR 32.608-2 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 hereunder 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. 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 hereunder 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) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and…

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