S02. 36C26326Q0791.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

656-26-4-1003-0318

36C26326Q0791 06-03-2026

Curt LaRose 605-592-4026 06-12-2026 10:00am CDT

36C263

DEPARTMENT OF VETERANS AFFAIRS

NETWORK CONTRACTING OFFICE 23

2501 W. 22ND STREET

SIOUX FALLS SD 57105

Curt LaRose curt.larose@va.gov

X 100

X

339112

1000 Employees

N/A

X

DEPARTMENT OF VETERANS AFFAIRS

Saint Cloud Medical Center

4801 Veterans Dr.

Saint Cloud MN 56303

NETWORK CONTRACTING OFFICE 23

2501 W. 22ND STREET

SIOUX FALLS SD 57105

FINANCIAL SERVICE CENTER

PO BOX 149971

AUSTIN TX 78714-9971

See CONTINUATION Page

Contractor to provide two (2) BD IV Prep Gravimetric Packs to include installation and one year's subscription as per the Statement of Work (section B.2).

This is a 100% SDVOSB set aside.

All quotes must include proof of authorized distributor from the Original Equipment Manufacturer.

The Buy American Act applies to this purchase and quotes must include a signed Buy American Certificate.

See CONTINUATION Page

656-3660160-1003-822400-3131-010034175 656-26-4-1003-0318

X X

Curt LaRose

VA-VHA-RPOC-2024-0072

36C26326Q0791

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 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS

(DEVIATION APR 2026)

C.3 52.225-1 Buy American-Supplies

C.4 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

C.5 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

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

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 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.3 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)

E.4 52.225-2 Buy American Certificate

E.5 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS

AND CERTIFICATIONS (NOV 2025) (DEVIATION)

E.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.7 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

2501 W. 22ND STREET

SIOUX FALLS SD 57105

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 installation

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.

5. 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

1. TITLE:

St. Cloud VA Health Care System BD IV Prep (CATO) Subscription and Mettler Toledo Scale Purchase with Base Year Support Agreement.

2. OVERVIEW:

The contractor shall provide two IV Prep Gravimetric Packs with installation and two BD Subscriptions along with base year support for these items.

3. DEFINITIONS:

a. CO – Contracting Officer

b. VA – Department of Veterans Affairs

c. VAHCS – St. Cloud VA Health Care System

d. VATR – Veterans Affairs Technical Representative

e. Contractor Employee – means all Contractor staff, technicians, personnel, subcontractors, or persons working on behalf of the Contractor.

4. PLACE OF PERFORMANCE:

St. Cloud VA Health Care System, 4801 Veterans Drive, St. St Cloud, MN 56303

5. PERIOD OF PERFORMANCE:

This contract will be a Single Award, Firm Fixed Price Service Contract for 1 (One) Base Year from 07/01/2026 – 06/30/2027.

6. QUALIFICATIONS AND SPECIAL CERTIFICATIONS:

Provide Fully Qualified, OEM-Certified field service engineers (FSEs), plus backup FSEs;

submit credentials upon request; CO may approve/reject personnel. Subcontractors require CO approval. (Note: If MT onsite work is subcontracted, OEM certification is expected.)

7. REGULATIONS / DIRECTIVES / POLICIES:

All products, services, and maintenance shall conform to Manufacturer specifications, AAMI, JCAHO, NFPA-99, CDRH, OEM, AHA, IEEE, UL, OSHA, CAP, VAHCS standards, and applicable Federal/State/Local regulations.

8. SCOPE OF WORK:

The Contractor shall provide all transportation, labor, personnel, equipment, tools, materials, and any resources necessary to provide services listed below. All work shall be performed in accordance with OEM established standards.

• BD IV Prep (CATO) Software Subscription and Base Year Support

Maintain purchased subscriptions (BD CATO SW SUBSCRIPTION); provide bug fixes, patches, updates, upgrades, and 24×7×365 remote technical support via BD’s Technical Support Center (TSC).

• Mettler Toledo Scale Hardware Purchase, Installation, and Base Year Support Provide initial installation and comprehensive break/fix coverage for new hardware; perform remote diagnostics and onsite service when required; supply replacement parts/labor pursuant to the OEM comprehensive plan. Salient characteristics of IV Prep Gravimetric Pack/Workflow Solutions include:

o Shall have barcode compatibility that allows identification of the correct use of drug vials, diluent to be used for reconstitution, vehicle bags and containers during compounding.

o Gravimetric verification shall be configurable, preferred option during the IV workflow compounding process o Shall be cGMP compliant.

o Use of camera verification shall be configurable to be mandatory or optional during the IV workflow compounding.

o Shall prevent medication compounding errors.

o Pharmacist verification of preparations shall be able to be performed remotely.

o Shall help prevent medication errors during the reconstitution process.

o Shall have a configurable workflow dashboard.

o Standard and customizable reports with data on operations, inventory, productivity and more shall be available.

o Solution shall have the ability to reuse and track returned products for new orders.

o Shall offer real-time/immediate notifications of errors during the IV compounding process o Shall require hard stops during preparation process to prevent errors from occurring. All hard stops must be remedied before continuing and finalizing preparation o Software shall have the ability to track barcoded lot numbers and expiration dates.

o Shall offer compliance reporting and can track and manage inventory.

o Shall seamlessly interface with Pharmacy Information System and fit into health system’s broader medication management strategy for end-to-end IV safety and inventory optimization.

• CCE Basic Connectivity (if applicable) Maintain CCE Basic Connectivity services to support interface resources associated with covered systems.

The Contractor shall:

• Provide 24×7×365 help desk/remote support, onsite repair as needed; deliver software updates, licensing, OS/security patching, drug/medication dictionaries where applicable, interface maintenance, diagnosis/Root Cause Analysis (RCA), workarounds or fixes, configuration corrections, quality/training initiatives, and project management to facilitate testing/validation.

• Communicate third-party dependencies (equipment/software/services) in advance to COR/POCs for VA coordination/procurement; delineate any pre-work, space modifications, network/power requirements.

• Ensure remote diagnostics and firmware/software updates align with VHA and VA OIT security policies.

• Maintain spare parts availability and provide overnight/next-day parts and return shipping for defective parts at no additional cost to the Government.

• Coordinate with VA/other vendors to maintain operational uptime and interface integrity with VistA/Federal EHR.

9. EQUIPMENT LIST:

Description Type Make Model/Serial Number

Year

BD Cato SW Subscription - Qty 2

SWE BD Cato N/A N/A

IV Prep Gravimetric Pack - Qty 2

EXP Mettler Toledo N/A – new equipment

N/A

Mettler Toledo Install & 5 yr

EXP Mettler Toledo N/A N/A

Base Year Support x12 months

10. VA TECHNICAL REPRESENTATIVES:

Primary: Madelyn Smith (Compounding Program Manager)- 320-252-1670 Ext. 6932

11. SCHEDULE:

Contractor shall perform on-site services during normal business hours, 8:00 am to 4:30 pm, Monday through Friday, excluding Federal Holidays, unless otherwise coordinated with the

VATR.

If a holiday falls on Sunday, the following Monday will be observed as the legal holiday. If a holiday falls on Saturday, the preceding Friday is observed as a legal holiday.

The eleven national holidays observed by the Federal Government are:

• New Years Day January 1

• Martin Luther King Jr. Day Third Monday in January

• Presidents Day Third Monday in February

• Memorial Day Last Monday in May

• Juneteenth June 19

• Independence Day July 4

• Labor Day First Monday in September

• Columbus Day Second Monday in October

• Veterans Day November 11

• Thanksgiving Day Fourth Thursday in November

• Christmas Day December 25

• Any additional Federal Holiday declared by the President of the United States

The Contractor shall coordinate with the VATR for an agreed upon work schedule to determine when services can be performed.

Work may be required to be performed outside of normal duty hours if mutually agreed upon by the VATR or designate and Contractor. Any work resulting in hours outside of 8:00am to 4:30pm CT because of operational impacts shall occur at no additional expense to the Government.

The Contractor shall provide a minimum of 24-hour notice of any schedule changes.

12. TEST EQUIPMENT CALIBRATION

Before commencing onsite work, the Contractor shall provide current calibration certificates (traceable to national standards) for test equipment used on VA owned equipment, and update upon request.

13. SERVICE LABEL AND REPORT:

After a calibration/testing/inspection service has been accomplished for each Mettler Toledo Gravimetric Pack/Scale, a service label (example; 5.5 inches by 4.5 inches in size) shall be placed conspicuously, readily accessible, visible, and legible, on the scale.

The label shall be writeable and made of heat resistant, self-destructing material with self-sticking adhesive on the back.

The label shall be pre-printed with the following information:

• Company name or identifier (logo)

• Technician name (Signature line)

• All information pertaining to complete date of service: year, month, day

• This system has been: Inspected or Certified

• All information pertaining to next service due: days and years

• This information shall be clearly and permanently affixed to the label capable of withstanding the elements

Additionally, a full, detailed report of the calibration/testing/inspection service must be provided to the POC.

14. GRAY MARKET PREVENTION:

Gray market items are Original Equipment Manufacturers’ (OEM) goods sold through unauthorized channels in direct competition with authorized distributors. This procurement is for a services contract for maintenance of equipment for VA Health Care Systems. No remanufactures or gray market items will be acceptable.

The delivery of gray market items to the VA in the fulfillment of an order/award/contract constitutes a breach of contract. Accordingly, VA reserves the right enforce any of its contractual remedies. This includes termination of the contract or, solely at VA’s election, allowing the Contractor to replace, at no cost to the Government, any remanufactured or gray market item(s) delivered to a VA Health Care System upon discovery of such items.

Used parts are NOT permitted to be used to repair or replace equipment.

The Contractor shall be an OEM, authorized dealer, authorized distributor, or authorized reseller for the proposed medical supplies, medical equipment, and/or services contracts for maintenance of medical equipment (i.e. replacement parts), verified by an authorization letter from the OEM, or other documents from the OEM, such that the OEM’s warranty and service are provided and maintained by the OEM.

15. SAFETY REQUIREMENTS AND REPORTING:

The Contractor is solely responsible for compliance with all federal, state, and local laws, the Occupational, Safety and Health Act (OSHA) (Public Law 91-596) and the resulting standards, OSHA Standards 29 CFR 1910 and 1926, as applicable and shall perform all work in a safe manner as required by these standards.

The Contractor shall implement an Occupational Safety and Health Plan to ensure the safety of their personnel, as well as the protection of Government personnel and property. Additionally, the Contractor is responsible for the safety and health of all sub-Contractor employees.

The Contractor shall provide a verbal report to the CO within 24 hours of an accident resulting in injury, death, occupational disease, or adverse environmental impact.

16. SECURITY AND PRIVACY REQUIREMENTS:

The Contractor shall comply with all VA, VHA, VISN, and facility-level information security, privacy, and network protection requirements when providing any services under this SOW/PWS. Upon request (if applicable) complete and return all required ERA/MOU-ISA/BAA forms and technical artifacts within ten (10) days of receipt from the VA.

• VA 6500 / 6550 Compliance and Required Security Documentation: Comply fully with VA Directive 6500 and VA Handbook 6500 series cybersecurity requirements governing information system security and data protection for all software, hardware, interfaces, and support activities.

o Complete and return all VA Form 6550 (Medical Device/Software Cybersecurity Analysis) documents: MDS2, network topology, data‑flow diagrams, and all required technical artifacts upon request by the COR or ISSO.

• External Connections — MOU/ISA Requirement: Complete all required Memorandum of Understanding / Interconnection Security Agreement (MOU/ISA) documentation whenever integrating any product, interface, cloud service, remote access mechanism, or external connection with any VA network, server, endpoint, virtual machine, or information system.

o Work with VA OIT, ISSO, and the COR to complete the MOU/ISA prior to enabling any external connection.

o Ensure all external connections are explicitly approved by VA OIT and documented in a fully executed MOU/ISA.

o Maintain the MOU/ISA throughout the Period of Performance; keep it current.

o No external system may exchange data with VA systems unless covered by an approved, active MOU/ISA consistent with VA security policy

• VA Handbook 6513 — Secure External Connections: Comply with VA Handbook 6513 (Secure External Connections) for all external or vendor-initiated connections to VA systems.

o Use only VA approved secure methods (e.g., VA approved Site to Site VPN) for remote access.

o Ensure vendor hosted/cloud hosted components, remote diagnostic tools, or SaaS elements meet external connection security requirements.

o Do not create unapproved tunnels, backdoors, ports, or pathways between contractor systems and VA systems.

o Submit all security artifacts required by Handbook 6513 (architecture diagrams, encryption documentation, authentication model, access controls, etc.) as part of the MOU/ISA package.

o Ensure Contractor personnel follow VA’s secure external connection procedures when connecting to VA networks.

• Business Associate Agreement (BAA) Requirements — PHI/ePHI: If PHI or ePHI is processed, transmitted, accessed, or stored: follow the BD/CareFusion Business Associate Schedule (HIPAA Privacy Rule, Security Rule, HITECH), including minimum-necessary use, breach reporting, mitigation, subcontractor flow-downs, and PHI destruction/return obligations.

• Removable-Media Scanning: All Contractor‑owned USB drives, external media, or service tools must be scanned by Biomedical Engineering prior to being connected to any VA system. Infected media shall not be used and constitutes a security breach.

• Hard Drive and Device Handling / EPHI Protections: Contractor shall not remove, copy, alter, or delete VA or patient data stored on VA systems. All replaced storage media must be surrendered to VA for decommissioning/destruction. Printers and devices capable of storing EPHI must be scrubbed according to VA procedures and remain VA property.

• FIPS Requirements: All cryptographic modules must be FIPS 140‑2/140‑3 (or current) validated; Contractor shall provide certificate numbers.

• TRM Compliance: All software (if applicable) must be approved in the VA Technical Reference Model (TRM) or Contractor to assist VA in obtaining approval.

• Cloud Services (if any): If cloud components are used (PaaS, SaaS, or hosted services), they must follow VA Directive 6517 and the VA Enterprise Cloud Solution Intake process.

• SMAK-AM Deployment: Contractor shall allow installation of the System Monitoring and Accountability Knowledge – AntiMalware (SMAK‑AM) toolset on all relevant devices prior to integration or operation.

• MAC Addresses: The Contractor shall provide to the VA all MAC addresses for each network-capable device, appliance, software-defined component, or virtual interface no later than one (1) week prior to delivery. This information is required for validation, network registration, address reservations, security controls, and compliance with VA network onboarding requirements.

17. BADGING

Contractor and/or all sub-contracted personnel are required to always wear and have visible a Contractor Badge.

The Contractor shall be required to obtain and display identification badges for all employees requiring access to the St Cloud VA Facility.

These badges will be Government furnished and issued to Contractor employees upon initial entry, under contract.

Identification shall be always worn on the outer clothing between the neck and waist on the front of the body and visible with the Contractor’s name plainly displayed.

Loss of a contractor badge shall be reported to the VATR no later than the following workday.

Contractor personnel will be escorted by VA staff.

18. DAMAGE TO GOVERNMENT EQUIPMENT AND PROPERTY:

The Contractor shall take all necessary precautions to prevent damage to Government equipment and property.

The Contractor shall report damage of Government property or equipment to the Contracting Officer and/or VATR within 24 hours of the incident.

19. INVOICING:

The contractor shall submit invoice(s) in arrears after the services have been completed.

Invoice must include, but not limited to:

• Contract Number

• Purchase Order Number (changes each option year)

• Date of Service

• Location

• Description

• Quantities

• Pricing

20. SCHEDULED AND UNSCHEDULED MAINTENANCE

• Scheduled (PM): Perform PM per manufacturer recommendations and standards (e.g., Joint Commission EC.02.04.01/EC.02.04.03, ANSI/AAMI/ISO 13485, VHA PM SB2025-001); correct defects discovered during PM; schedule with COR/POCs;

recommend resource availability windows

• Unscheduled Maintenance: Provide unlimited corrective maintenance incidents (remote and onsite) with ticketing; restore products/software to manufacturer specs;

replace items at no additional cost if repair is not feasible; Contractor is liable for incidents due to damage/neglect.

National Archives and Records Administration (NARA) Records Management

1. Citations to pertinent laws, codes and regulations such as 44 U.S.C. Chapter 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

2. Contractor shall treat all deliverables under the contract as the property of the U.S.

Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

3. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government ‘IT’ equipment and/or Government records.

4. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

5. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

6. The Government Agency owns the rights to all data/records produced as part of this contract.

7. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

8. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

9. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

10. Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under or relating to this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2.00 EA __________________ __________________

BD Cato Initial Subscription for 2 computers

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

2.00 EA __________________ __________________

Gravimetric Pack

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

12.00 MO __________________ __________________

BD Cato subscription - monthly support fee (1086.00x12)

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

GRAND TOTAL __________________

B.4 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

0002 SEE BLOCK 15 2.00 OOA 07/01/2026

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 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 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL

CONTRACTORS (DEVIATION APR 2026)

(a)Definitions. As used in this clause—

Program participation means membership or participation in, or access or admission to:

training, mentoring, or leadership development programs; educational opportunities; clubs;

associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.

Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources.

(b) In connection with the performance of work under this contract, the Contractor agrees as follows:

(1) The Contractor will not engage in any racially discriminatory DEI activities;

(2) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause;

(3) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared ineligible for further Government contracts;

(4) The Contractor will report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take any appropriate remedial actions directed by the Contracting Officer; and

(5) The Contractor will inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of this clause.

(6) The Contractor recognizes that compliance with the requirements of this clause are material to the Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4).

(c) The Contractor must include the substance of this clause, including this paragraph (c), in subcontracts at any tier, including those for commercial products and commercial services, except those where the place of delivery or performance is outside the United States.

(End of Clause)

C.3 52.225-1 Buy American-Supplies

(a) Definitions. As used in this clause—

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is–

(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” at Federal Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

Component means an article, material, or supply incorporated directly into an end product.

Cost of components means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product.

Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at FAR

25.105 .

Domestic end product means—

(1) For an end product that does not consist wholly or predominantly of iron or steel or a combination of both-

(i) An unmanufactured end product mined or produced in the United States;

(ii) An end product manufactured in the United States, if-

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. Components of foreign origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic. Components of unknown origin are treated as foreign. Scrap generated, collected, and prepared for processing in the United States is considered domestic; or

(B) The end product is a COTS item; or

(2) For an end product that consists wholly or predominantly of iron or steel or a combination of both, an end product manufactured in the United States, if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all the components used in the end product. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section40102(4)&num=0&edition=prelim products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the end product and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the end product contains multiple components, the cost of all the materials used in such end product is calculated in accordance with the definition of "cost of components".

End product means those articles, materials, and supplies to be acquired under the contract for public use.

Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

Foreign end product means an end product other than a domestic end product.

Foreign iron and steel means iron or steel products not produced in the United States. Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

United States means the 50 States, the District of Columbia, and outlying areas.

(b) 41 U.S.C. chapter 83, Buy American, provides a preference for domestic end products for supplies acquired for use in the United States. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for an end product that is a COTS item, except that for an end product that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the end product, excluding COTS fasteners.

(c) Offerors may obtain from the Contracting Officer a list of foreign articles that the Contracting Officer will treat as domestic for this contract.

(d) The Contractor shall deliver only domestic end products except to the extent that it specified delivery of foreign end products in the provision of the solicitation entitled "Buy American Certificate."

(End of clause) http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter83&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MC1jaGFwdGVyMzctZnJvbnQ%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1907&num=0&edition=prelim

C.4 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

(a) Definitions. As used in this clause—

American Security Drone Act-covered foreign entity means an entity included on a list that the Federal Acquisition Security Council (FASC) develops and maintains and publishes in the…