S02. 36C26325Q0712.pdf

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

499-25-4-6720-0016

36C26325Q0712 04-23-2025

Amanda Patterson-Elliott 319-338-0581 05-19-2025 10:00am CDT

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

1303 5th St Suite 300 Coralville IA 52241

X

325413

1,250 Employees

N/A

X

Department of Veterans Affairs VISN 23: VA Midwest Health Care Network 2805 Dodd Road, Suite 250 Eagan MN 55121-0015

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

1303 5th St, Suite 300 Coralville IA 52241

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971

See CONTINUATION Page

Replacement of Biomerieux Microbial Identification Analyzers Biomerieux Microbial Identification, Antibiotic Susceptibility Testing Analyzer, and Biomerieux Middleware for Data Transmission to LIS, as described in the Statement of Work, for The Department of Veteran Affairs VISN 23:

VA Midwest Health Care Network 2805 Dodd Road, Suite 250, Eagan, MN 55121

This is a Brand Name or Equal to Requirement

See CONTINUATION Page 499-25-4-6720-0016 499-3650160-6720-822300-3131-010065275

X X

X 1

John Milroy

VA-VHA-RPOC-2023-0067

36C26325Q0712

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 STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

B.4 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

C.2 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

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

2018)

C.4 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 28

C.5 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

C.6 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JAN 2025)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

BUSINESS ASSOCIATE AGREEMENT BETWEEN THE DEPARTMENT OF

VETERANS AFFAIRS VETERANS HEALTH ADMINISTRATION, AND

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023)

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

SERVICES (NOV 2021)

E.3 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)

E.4 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.5 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

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

E.7 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.8 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.10 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.11 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

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

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

1303 5th St

Suite 300

Coralville IA 52241

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Upon receipt and acceptance

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

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

AMENDMENT NO DATE

B.2 STATEMENT OF WORK

Statement of Work for the VISN 23 Microbiology Equipment – Vitek Replacements

1. Introduction of Required Specifications:

1.1.1 Purpose: The purpose of this Statement of Work (SOW) is to outline the tasks and responsibilities of the awarded contractor in relation to provisions, installation, integration, and implementation to install new microbiology equipment to replace the Viteks, Mass Spectrometers, and Blood Culture analyzers throughout multiple sites in VISN 23:

Specifically:

Fargo VAMC 1 Microbial Identification Analyzer 1 Microbial Identification and Antibiotic Susceptibility Testing Analyzer Middleware for Data transmission to LIS 1 Blood Culture Analyzer

Sioux Falls VAMC 1 Microbial Identification Analyzer 1 Microbial Identification and Antibiotic Susceptibility Testing Analyzer Middleware for Data transmission to LIS

Minneapolis VAMC 1 Microbial Identification Analyzer 1 Microbial Identification and Antibiotic Susceptibility Testing Analyzer Middleware for Data transmission to LIS

Des Moines VAMC

1 Microbial Identification Analyzer Middleware for Data transmission to LIS

Iowa City VAMC

1 Microbial Identification Analyzer 1 Microbial Identification and Antibiotic Susceptibility Testing Analyzer Middleware for Data transmission to LIS

Omaha VAMC

1 Microbial Identification Analyzer Middleware for Data transmission to LIS

St Cloud VAMC 1 Microbial Identification and Antibiotic Susceptibility Testing Analyzer -compact

Black Hills VAMC

1.1.2 The Contractor must provide all necessary tools, equipment/hardware, software, licenses, installation, maintenance, warranty, and training in accordance with this

SOW.

1.1.3 Primary Goals: This procurement will upgrade the existing microbiology equipment located at the VISN 23 sites. This procurement will, at the minimum, provide the same or better technology as the current equipment provides. This replacement will improve patient care and safety as well as provide a consistent and reliable end user experience in the microbiology laboratories.

1.1.4 Equipment: All equipment must be new, state of the art, and not recertified nor refurbished. All equipment must be compliant with current facility requirements for allowable operating system platforms. All equipment must be FDA approved for Clinical use. The instrument shall have random access capability and be able to simultaneously perform the complete profile as described below to meet the performance characteristics for accuracy and precision as defined by the 1988 Clinical Laboratory Improvement Act (CLIA) and the Clinical and Laboratory Standards Institute (CLSI).

1.1.5 Industry Standards: Unless otherwise stated, all equipment must be held to current industry standards for such equipment as present within the current market for ventilation system equipment, supplies, and related services.

1.1.6 Contractor must meet all minimum requirements contained in section 1.3.

1.2 Equipment Minimum Requirements Brand Name or Equal To:

1.2.1 Microbial Identification analyzer (VITEK MS PRIME CLINICAL part number

4707061):

• Must use the MALDI-TOF (Matrix Assisted Laser Desorption/Ionization-Time of

Flight) technology

• Must produce rapid results. Rapid = less than ten minutes per isolate

• Must have a small footprint due to space constraints; benchtop analyzers are preferred

• Must have a lifetime laser

• Must have random access for urgent or STAT additions

• Must be able to identify mycobacteria, yeast, mold and bacteria without purchasing additional software

• Must be able to identify mycobacteria, yeast, mold and bacteria during the same run

• Comprehensive and extensive data base of mold, mycobacterium, bacteria and yeast species that is consistent with FDA/CLSI guidelines.

• Must be compatible with our current automated integrated antimicrobial identification and antimicrobial susceptibility system, which is the vitek 2 and vitek 2 compact, AND must also be seamlessly compatible with the new Microbial Identification and Antibiotic Susceptibility Testing analyzer we are requesting in section 1.3.3.

Specifically these systems must be able to communicate organism identification between each other without additional equipment to translate or add additional time consuming steps for laboratory staff.

• Must be able to send data to VISN 23’s existing LIS, Data Innovations, via the middleware provided in section 1.3.4

• Must have capability for Laboratories to add exclusive isolates to onboard database.

Software or equipment modifications as needed and, when commercially available, to comply with changes in standards for identification established by CLSI, Center for Disease Control (CDC) and other governing or authoritative bodies.

• Necessary consumables required for usage of system must be consistent with existing VISN 23 contracts – please see section 1.5 for specifics

• Slides must be disposable and not reusable.

• Preference will be given to systems which minimizes maintenance time (system down time due to maintenance tasks) – bids should include information about required maintenance for equipment

• Preference will be given to systems which minimizes hands on maintenance tasks for laboratory staff members – bids should include information about required maintenance for equipment

• System must provide a mechanism to reduce the need to manually label slides to minimize errors

• Reagents required for extraction and inactivation must not need lab staff preparation

• System must not require extraction for normal microbial identification (other than

Mycobacteria, Molds and Nocardia sp.).

1.2.2 Microbial Identification and Antibiotic Susceptibility Testing analyzer

• System must be able to identify Gram negative bacteria, to include Neisseria, Haemophilus and other fastidious Gram negative bacteria

• System must be able to identify Gram positive bacteria

• System must be able to identify Yeast

• System must be able to identify Anaerobic bacteria and coryneform bacteria

• System must provide rapid results. Rapid = Same day (to include Strep.

Pneumoniae)

• Must have specific dedicated cards for antibiotic susceptibility testing of each of the following:

o Gram negative o Gram positive o Yeast

• Comprehensive and extensive data base of mold, mycobacterium, bacteria and yeast species that is consistent with FDA/CLSI guidelines.

• System’s database must have the capability of building epidemiology reports and antibiograms.

• Antibiogram must follow the CLSI guideline (M39-A-3).

• Software or equipment modifications must be available as needed and, when commercially available, to comply with changes in standards for identification or susceptibility testing established by CLSI, Center for Disease Control (CDC) and other governing or authoritative bodies. Allow for manual modification of susceptibility breakpoints to comply with new CLSI guidelines until such time as the Contractor applies necessary software upgrades.

• System must be fully automated to produce microbial identification and antibiotic susceptibility testing

• System must provide resistance detection by phenotype identification

• Necessary consumables required for usage of system must be consistent with existing VISN 23 contracts – see section 1.5 for specifics

• Must be compatible with each site’s current Microbial Identification analyzer, Biomerieux Mass Spec, AND must also be seamlessly compatible with the new Microbial Identification analyzer we are requesting in section 1.3.1. Specifically these systems must be able to communicate organism identification between each other without additional equipment to translate or add additional time consuming steps for laboratory staff.

• Must be able to send data to VISN 23’s existing LIS, Data Innovations, via the middleware provided in section 1.3.4

• Must offer separate cards for testing of Identification and Susceptibility

• Must provide a closed system

• Must provide a mechanism for traceability of reagent cards for lot numbers and expiration dates

• Extended-Spectrum Beta-lactamase confirmation must be included in Gram negative antibiotic susceptibility reagent cards.

• Preference will be given to systems with minimal external reagents/supplies

• System must be able to detect mixed cultures and prevent results from being generated

• System must have an identification to generate a susceptibility report

• Preference will be given to systems which minimizes maintenance time (system down time due to maintenance tasks) – bids should include information about required maintenance for equipment

• Preference will be given to systems which minimizes hands on maintenance tasks for laboratory staff members – bids should include information about required maintenance for equipment

• Preference will be given to systems which perform auto-dilution to eliminate manual pipetting

1.2.3 Microbial Identification and Antibiotic Susceptibility Testing analyzer - compact:

• System must be able to identify Gram negative bacteria, to include Neisseria and

Haemophilus

• System must be able to identify Gram positive bacteria

• System must be able to identify Yeast

• System must provide rapid results. Rapid = Same day (to include Strep.

Pneumoniae)

• Must have specific dedicated cards for antibiotic susceptibility testing of each of the following:

o Gram negative o Gram positive

• Comprehensive and extensive data base of bacteria and yeast species that is consistent with FDA/CLSI guidelines.

• System’s database must have the capability of building epidemiology reports and antibiograms.

• Antibiogram must follow the CLSI guideline (M39-A-3).

• Software or equipment modifications must be available as needed and, when commercially available, to comply with changes in standards for identification or susceptibility testing established by CLSI, Center for Disease Control (CDC) and other governing or authoritative bodies. Allow for manual modification of susceptibility breakpoints to comply with new CLSI guidelines until such time as the Contractor applies necessary software upgrades.

• System must be fully automated to produce microbial identification and antibiotic susceptibility testing

• Necessary consumables required for usage of system must be consistent with existing VISN 23 contracts – see section 1.5 for specifics

• Must be able to send data to VISN 23’s existing LIS, Data Innovations, via the middleware provided in section 1.3.4

• Must offer separate cards for testing of Identification and Susceptibility

• Must provide a closed system

• Must provide a mechanism for traceability of reagent cards for lot numbers and expiration dates

• Extended-Spectrum Beta-lactamase confirmation must be included in Gram negative antibiotic susceptibility reagent cards.

• Preference will be given to systems with minimal external reagents/supplies

• System must be able to detect mixed cultures and prevent results from being generated

• System must have an identification to generate a susceptibility report

• Preference will be given to systems which minimizes maintenance time (system down time due to maintenance tasks) – bids should include information about required maintenance for equipment

• Preference will be given to systems which minimizes hands on maintenance tasks for laboratory staff members – bids should include information about required maintenance for equipment

• Preference will be given to systems which perform auto-dilution to eliminate manual pipetting

• System provides resistance detection by phenotype, but does not specify resistance mechanism

• System must have the same technology as what is awarded in section 1.2.2 but in a smaller version

1.2.4 Middleware for the microbial identification equipment to send data to LIS:

• ERA (Enterprise Risk Analysis) approved

Needs to be compatible with existing blood culture systems (Virtuo), existing Microbial Identification and Antibiotic Susceptibility Testing analyzer (Vitek 2 and Vitek 2 Compat), new equipment being requested through this contract

• Must have embedded rules for Antimicrobial Susceptibility Testing interpretations.

• System’s database must have the capability of building epidemiology reports and antibiograms.

• Antibiogram must follow the CLSI guideline (M39-A-3).

• Antibiogram reports must be customizable

1.2.5 Blood Culture Analyzer:

• Minimal bottle types to manage for both blood and sterile body fluids

• Must be able to detect a wide range of bacteria and yeast

• Preference will be given to systems which minimizes maintenance time (system down time due to maintenance tasks) – bids should include information about required maintenance for equipment

• Preference will be given to systems which minimizes hands on maintenance tasks for laboratory staff members – bids should include information about required maintenance for equipment

• Colorimetric change at the bottom of bottles allows for earlier detection and immediate action

• Positive bottle alerts for immediate intervention

• Comprehensive Blood Culture process and contamination monitoring with remote alarm capability

• Must be able to send data to VISN 23’s existing LIS, Data Innovations, via the middleware provided in section 1.3.4

• System must be able to customize reports

• Bottles must be plastic and shatter-proof

• Must be FDA cleared to monitor sterile body fluids

1.3 Integrations:

1.3.1 Laboratory Information System (LIS)

• Requested Microbial Identification analyzer, Microbial Identification and Antibiotic

Susceptibility Testing analyzer, and blood culture analyzer must all interface with VISN 23’s LIS, Data Innovations via the provided middleware detailed in section 1.3.4. The equipment must send organism identification, susceptibility information, and patient information to the LIS.

1.3.2 Microbial Identification analyzer and Microbial Identification and Antibiotic Susceptibility

• Testing analyzer must communicate organism identification and patient information with each other

1.4 Compatibility with consumables

1.4.1 VISN 23 has existing contracts for consumables used by the lab for microbiology testing. The new equipment must use these consumables so as not to require purchase of additional/new consumables:

VISN 23 has in stock these consumables. Must be compatible with these items:

Favor will be given to vendor who is compatible or purchases these and replaces them with compatible items.

BM Part Number

Product Description

Unit of Measure - Standard

21218 0.45% NACL

Saline Bag CS

21219 ACCESSORY KIT

VRK2 PIP/DIL CS

21341 GRAM NEGATIVE

I.D. CARDS 20/PK PK

21342 GRAM POSITIVE

I.D. CARDS 20/PK PK

21343 YST TEST KIT

VTK2 20CARDS PK

21346 VITEK 2 NH ID

TEST CARD 20/PK PK

21347

ANC

IDENTIFICATION

CARDS 20/PK

PK

22226

AST-GP67

SUSCEPT CARDS

20/PK

PK

30501 0.1ul-10ul pipette tips PK

30507 1ul-10ul pipette tips PK

69285 VITEK TUBES

2000/CS CS

93059 DENSICHEK

STANDARD KIT BX

410893 VITEK MS DS

SLIDE 8/BX PK

411071 Vitek MS - CHCA PK

411072 Vitek MS - FA PK

411945

AST

YS05 SUSCEPT

CARD 20/PK

PK

413398

AST-GN66

SUSCEPT CARD

20/PK

PK

413399

AST-GN67

SUSCEPT CARD

20/PK

PK

413402

AST-GN71

SUSCEPT CARD

20/PK

PK

413404

AST-GN73

SUSCEPT CARD

20/PK

PK

414971

AST-GP74

SUSCEPT CARD

20/PK

PK

414985

AST-GN93

SUSCEPT CARD

20/PK

PK

415670

AST-GP75

SUSCEPT CARD

20/PK

PK

420915

AST-ST02

SUSCEPT CARD

20/PK

PK

421051

AST-GP78

SUSCEPT CARD

20/PK

PK

V1205 SALINE 0.45% 12

x 1000ml CS

V1211 SALINE 0.45% 18

x 500ml CS

413402 AST-GN71

SUSCEPT CARD PK

413402 AST-GN71

SUSCEPT CARD PK

413402 AST-GN71

SUSCEPT CARD PK

411945 AST-YS05 KIT PK

420915 AST02 card PK

410893 Vitek MS DS Slide 8/Box PK

417820

VITEK 2

0.45% SODIUM

CHLORIDE

DILUENT

CS

421983 AST-XN08 TEST

KIT 20 CARDS

412982 AST-GN95 TEST

KIT 20 CARDS

413404 AST-GN73 TEST

KIT 20 CARDS

423331 AST-YS09 TEST

KIT 20 CARDS

1.5 Installation Considerations

1.5.1 The contractor will provide at least 1 week of onsite installation and go live support per site (excluding Black Hills who is only getting middleware). This week will include the unboxing and setup of the equipment, assistance with completing all integration work, training of lab staff (at least 1 full day), and support for going live.

1.5.2 Facility is responsible for sponsoring vendors remote access, background checks, and/or security access necessary to enable remote access for the vendor.

1.5.3 If power is needed it is the hospitals responsibility to pull the power.

1.5.4 Any mounting required is the responsibility of the hospital.

1.5.5 Contractor must comply with all facility mandated and local permitted/safety requirements.

1.5.6 Contractor will dispose of all boxes, trash and debris resulting from installation IAW hospital policy.

1.5.7 Facility will sponsor and submit necessary paperwork thru appropriate channels in order for equipment contained in this contract to obtain TRM and/or RMF and/or any other necessary cybersecurity approvals.

1.5.8 Full go live of equipment must be NLT 8 weeks after award of PO for Fargo VAMC and NLT six months after award of PO for all other sites in the VISN.

1.6 Training and Support:

1.6.1 Training and validation testing support: Contractor must provide unlimited phone support for validation testing and include at least 1 full day of onsite training for each site receiving equipment in VISN 23.

1.6.2 Contractor must complete VA TMS 10203 HIPPA Training.

1.7 Warranty

1.7.1 The equipment contained in this contract must come with 1 year warranties including any/all preventative maintenance during that year recommended by the OEM

1.7.2 Supply and Accessory Warranty/Restocking Fee: Customer can return equipment within 30 days of purchase with 0% restocking fee if returned in unopened, original packaging. Equipment returned within 30 days to six-months in unopened, original packaging is subject to a 20% restocking fee. Equipment returned after six months will not be accepted.

1.8 Exclusions

1.8.1 Asbestos testing or abatement is not the responsibility of the Contractor.

1.8.2 The contractor will not work in a bio-hazardous, radioactive, toxic, or other high-risk environment.

1.8.3 The facility is responsible for hanging any devises on the wall/ceiling that require drilling behind sheetrock.

1.8.4 The facility is responsible to repair-patch and/or paint any walls or ceilings effected by installation or deinstallation of equipment.

1.8.5 Facility is responsible for deinstallation/disposal of current Government-owned equipment, if applicable.

End Statement of Work

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVI

CES

QUANTI

TY

UNI

T UNIT PRICE AMOUNT

6.00 EA _______________

Vitek MS Prime (Fargo-1, Sioux Falls - 1, Minneapolis -1, Central Iowa -1, Iowa City - 1, NWI -1) PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing PRODUCT/SERVICE CODE: 6632 - Analysis Instruments, Medical Laboratory Use

Vitek Cart (Fargo-1, Sioux Falls - 1, Minneapolis -1, Central Iowa -1, Iowa City - 1, NWI -1) PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing

5.00 EA _______________

Biomerieux Integration Engine (Fargo-1, Sioux Falls - 1, Central Iowa -1, Iowa City - 1, NWI -1) PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing

1.00 EA _______________

Biomerieux Integration Engine (Minneapolis -1) PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing

Vitek MS Optimized Integration (Fargo-1, Sioux Falls - 1, Minneapolis -1, Central Iowa -1, Iowa City - 1, NWI -1) PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing

Myla to Maestria Migration (Fargo-1, Sioux Falls - 1, Minneapolis -1, Central Iowa -1, Iowa City - 1, NWI -1) PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing

Maestria Core Subscription - 1 YR (Fargo-1, Sioux Falls - 1, Minneapolis -1, Central Iowa -1, Iowa City - 1, NWI -1) PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing

Enhanced Warranty Vitek MD Prime (Fargo-1, Sioux Falls - 1, Minneapolis -1, Central Iowa -1, Iowa City - 1, NWI -1) PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing

4.00 EA _______________

Vitek 2 (Fargo -1, Soux Falls-1, Minneapolis -1, Iowa City -1) PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing

4.00 EA _______________

Vitek 2 Extended Warranty - 1 YR (Fargo -1, Soux Falls-1, Minneapolis -1, Iowa City -1) PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing

Fargo VC-BTA 3D 120 CLINICAL Blood Culture PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing

2.00 EA _______________

Maestria virtual machine (St. Cloud -1, Black Hills -1) PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing

2.00 EA _______________

Installation Maestria (St. Cloud -1, Black Hills-1) PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing

STC Vitek 2 Compact PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing

STC Vitek 2 Compact extended warranty PRINCIPAL NAICS CODE: 325413 - In-Vitro Diagnostic Substance Manufacturing

GRAND TOTAL _______________

B.4 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

0001 SHIP TO: Department of Veterans Affairs VISN 23: VA Midwest Health Care Network 2805 Dodd Road, Suite 250 Eagan, MN 55121 0015

USA

6.00

0002 SHIP TO: Department of Veterans Affairs

VISN 23: VA Midwest Health Care Network 2805 Dodd Road, Suite 250

0003 SHIP TO: Department of Veterans

VISN 23: VA Midwest Health Care Network 2805 Dodd Road, Suite 250

5.00

0004 SHIP TO: Department of Veterans

VISN 23: VA Midwest Health Care Network 2805 Dodd Road, Suite 250

1.00

0005 SHIP TO: Department of Veterans

VISN 23: VA Midwest Health Care Network 2805 Dodd Road, Suite 250

0006 SHIP TO: Department of Veterans

VISN 23: VA Midwest Health Care Network 2805 Dodd Road, Suite 250

0007 SHIP TO: Department of Veterans

VISN 23: VA Midwest Health Care Network 2805 Dodd Road, Suite 250

0008 SHIP TO: Department of Veterans

VISN 23: VA Midwest Health Care Network 2805 Dodd Road, Suite 250

0009 SHIP TO: Department of Veterans

VISN 23: VA Midwest Health Care Network 2805 Dodd Road, Suite 250

4.00

0010 SHIP TO: Department of Veterans

VISN 23: VA Midwest Health Care Network 2805 Dodd Road, Suite 250

4.00

0011 SHIP TO: Department of Veterans

VISN 23: VA Midwest Health Care Network 2805 Dodd Road, Suite 250

0012 SHIP TO: Department of Veterans

VISN 23: VA Midwest Health Care Network 2805 Dodd Road, Suite 250

2.00

0013 SHIP TO: Department of Veterans

VISN 23: VA Midwest Health Care Network 2805 Dodd Road, Suite 250

2.00

0014 SHIP TO: Department of Veterans

VISN 23: VA Midwest Health Care Network 2805 Dodd Road, Suite 250

0015 SHIP TO: Department of Veterans Affairs VISN 23: VA Midwest Health Care Network 2805 Dodd Road, Suite 250

SECTION C - CONTRACT CLAUSES

System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

It is the vendor’s responsibility to review the deviated clauses by any Executive Order.

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 regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.2 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

(a) The Contractor shall conform to the standards established by: as to .

(b) The Contractor shall submit proof of conformance to the standard. This proof may be a label or seal affixed to the equipment or supplies, warranting that the item(s) have been tested in accordance with the standards and meet the contract requirement. Proof may also be furnished by the organization listed above certifying that the item(s) furnished have been tested in accordance with and conform to the specified standards.

(c) Offerors may obtain the standards cited in this provision by submitting a request, including the solicitation number, title and number of the publication to:

(d) The offeror shall contact the Contracting Officer if response is not received within two weeks of the request.

(End of Clause)

C.3 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT

REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office.

Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause)

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

2020) The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract.

Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of Clause)

C.5 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

Shipment of deliverable items, other than reports, shall be to:

VISN 23: VA Midwest Health Care Network

2805 Dodd Road, Suite 250

Eagan MN 55121-0015

(End of Clause)

C.6 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

FAR

Number

Title Date

52.203-17 CONTRACTOR EMPLOYEE…