S02 RFP BioRad 36C26026R0030_final..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 RFO 52.212-1, 52.212-4. RFO 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE RFO 52.212-4. RFO 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 - RFO (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

36C26026R0030 05-05-2026

Robin Wilson 06-05-2026

5PM PST

36C260 NCO 20 Network Contracting Office

ATTN: V4CONT

1601 E. Fourth Plain Blvd Bldg.17, Suite B428 Vancouver WA 98661

X

334516

1000 Employees

Net 30 days

N/A

X

Department of Veterans Affairs Multiple Locations All facilities within the WSNC catchment area dictated by delivery order

36C260

NCO 20 Network Contracting Office

ATTN: V4CONT

1601 E. Fourth Plain Blvd

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971

See CONTINUATION Page

The Department of Veterans Affairs Network Contracting Office 20 (NCO 20) establishes an Indefinite Delivery Indefinite Quantity (IDIQ) for the Western States Network Consortium (WSNC) for Laboratory Quality Control Products in Attachment A Price Schedule.

Period of Performance will start 8/16/2026 and run for a period expiring on 8/14/2031 including 5 1-year ordering 5 year period expiring on 8/15/2031 including 5 1-year ordering periods.

Questions are due on or before 05/19/2026 at 10AM PDT.

Questions are due on or before 2/3/2026 at 10:00am PD Vendors should thoroughly review the submission requirements Vendors should thoroughly review the submission requir listed on page 21 of this solicitation.

Quotes shall be submitted via email to robin.wilson3@va.gov

See CONTINUATION Page

36C26026R0030

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

A.2 CONTRACT ADMINISTRATION DATA

SECTION B - CONTINUATION OF SF 1449 BLOCKS

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023) (DEVIATION OCT 2025)

C.2 52.242-5 PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (JAN 2017) .13

C.3 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.4 52.216-18 ORDERING (AUG 2020)

C.5 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.6 52.216-22 INDEFINITE QUANTITY (OCT 1995) (DEVIATION NOV 2025)

C.7 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES

C.8 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.9 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

C.10 VAAR 852.247-72 MARKING DELIVERABLES (OCT 2018)

C.11 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

C.12 MANDATORY WRITTEN DISCLOSURES

C.13 EXECUTIVE ORDER (EO) 14398

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (DEVIATION OCT 2025)

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(DEVIATION NOV 2025)

E.4 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (FEB 2024)

(DEVIATION NOV 2025)

E.5 52.225-6 TRADE AGREEMENTS CERTIFICATE (FEB 2021)

E.6 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021) (DEVIATION OCT 2025)

E.7 52.233-2 SERVICE OF PROTEST (SEP 2006) (DEVIATION NOV 2025)

E.8 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

A.2 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Office 36C260

NCO 20 Network Contracting Office

ATTN: V4CONT

1601 E. Fourth Plain Blvd

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

[X] 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

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 DESCRIPTION OF AGREEMENT

Under this agreement, the IDIQ holder shall provide Bio-Rad Laboratory Quality Control Products and Software or similar products meeting the items description, specifications or described in this notice, for the Western States Network Consortium (WSNC) medical facilities. All VHA facilities within the WSNC are authorized to order any item listed on the Price/Cost Schedule (Attachment A Price Schedule) at the listed price. All similar to, or equal to products must be compatible with the associated Bio-Rad equipment, must meet a similar quality standard for testing, and be similar in form, fit and function as the BioRad product.

No items may be ordered off this IDIQ unless they are listed on the Price/Cost Schedule. The administering Contracting Officer (CO) is the only VHA employee authorized to modify this IDIQ.

Additional, related items may be added to the Price/Cost Schedule, without further competition, through the award of a bilateral modification. This IDIQ is intended to support all Bio-Rad product inventory required across the WSNC. Any Bio-Rad or equal products not listed on the schedule may be added through contract modification at any time during the performance of this contract.

B.2 PLACE OF PERFORMANCE

1) Under this contract, the IDIQ holder shall provide BioRad products for the Western States Network Consortium (WSNC) medical facilities (Interactive US Map - Locations (va.gov)) for list of facilities supporting VISNs 17, 19, 20, 21, 22.). All VHA facilities within the WSNC are authorized to order on the Price-Cost Schedule at the listed price.

a) VISN 17: Texas, Eastern New Mexico.

b) VISN 19: Montana, Wyoming, Eastern Idaho, Eastern Nevada, Utah and Colorado.

c) VISN 20: Oregon, Washington, Idaho and Alaska.

d) VISN 21: Northern California, Nevada, Hawaii Islands, Philippines Islands, Guam and American Samoa.

e) VISN 22: Southern California, Arizona, New Mexico, Southern Colorado.

B.3 OBLIGATION OF FUNDS

This IDIQ does not obligate any funds. Funds will be obligated through placement of delivery orders within the WSNC. Over the life of the contract the Government is only obligated up to the minimum guarantee of $100,000 or if in excess of the minimum guarantee, to the extent of authorized delivery orders issued under this IDIQ.

B.4 PRICE/COST SCHEDULE

The Contractor shall provide pricing for each orderable item listed in the Price/Cost Schedule spreadsheet (Attachment A Price Schedule).

B.5 TERM OF IDIQ

This IDIQ Period of Performance will start 8/16/2026 and run for five (5) one (1) year ordering periods, expiring on 8/15/2031.

B.6 AUTHORIZED USERS

All properly warranted COs in the WSNC are authorized to place delivery orders under this IDIQ.

With delegation by the administering CO, Ordering Officers (OOs) may be authorized to place orders under this IDIQ.

Government purchase card holders can place orders under micro-purchase threshold and within the limits of their Government Purchase Card (GPC).

B.7 ORDERING OFFICERS

The CO will furnish the contractor with the names of individuals delegated OO authority by separate letter upon issuance of the contract or agreement. When COs appoint OOs after award, the CO will furnish the contractor with an updated list of individual OOs authorized to place orders against the contract or agreement. OOs may not negotiate contract terms and conditions, determine price reasonableness, or determine best value. OOs are responsible for issuing and administering orders placed under the contract or agreement identified in the letter of appointment. OOs do not have the authority to modify any of the terms and conditions in the contract or agreement. The CO must approve any changes in or deviations from the terms and conditions of the contract or agreement in writing prior to placing orders invoking those terms and conditions. The contractor must accept orders against the contract or agreement only from the CO or authorized OOs and fulfilling orders from persons other than the CO or OO may result in an unauthorized commitment. Orders will be placed via Electronic Data Interchange (EDI) if possible. If the vendor cannot set up EDI, specific ordering procedures will be modified into the contract after award.

B.8 ORDERING AND ACCEPTANCE

Delivery Orders from OO’s and GPC’s holders will be placed against this IDIQ using official email messages and Electronic Data Interchange (EDI). The contractor shall provide written acknowledgment and acceptance of the order within two business days.

B.9 PURCHASE LIMITATIONS

In addition to RFO 52.216-19, individual Delivery orders may have a minimum of $15,000 and not exceed $250,000 each or a combination of orders equaling $500,000. The Price Ceiling is $9,500,000 over the life of the IDIQ. There is no minimum ordering limit for OO’s orders and GPC orders.

B.10 REPORTING

A quarterly report will be emailed in a Microsoft Excel format to the WSNC Acquisition and Utilization Specialist (AUS) and the administering CO. The report will demonstrate contract usage to include orders placed, to include Delivery Orders, OO orders, and Government Purchase Card orders. The report will be broken up per line item, delivery location, delivery date and pricing.

Bulk funded delivery orders will indicate the ceiling value and quantity of each items delivered within that period. The report will be due 45 days after the close of each government fiscal quarter.

WSNC AUS point of contact will be identified at time of award.

B.11 DELIVERY ORDER OVERSIGHT

1. Upon award, the contractor shall provide to the Awarding CO:

2. a. Contractor’s administrative point of contact and email address for ordering.

b. Contractor’s regular work hours.

c. Contractor shall provide an email address and clear instructions for submitting emergency or expedited orders outside of regular business hours, including weekends. Situations where the agency requires an order to be filled on an expedited, priority basis. In such cases, the contractor shall make reasonable efforts to prioritize and fulfill the request within 24 hours or less, subject to item availability and logistical feasibility.

d. Contractor’s emergency or expedited orders will need to be processed outside of this contract vehicle. Urgent or emergency orders do not authorize an increase in pricing or provide for authorized delay in any other order.

e. Contractor’s telephone number for expert advice concerning awarded products.

3. Contractor shall sequester specific lots of controls to ensure all ordering locations are using the same lot of controls.

4. Contractor shall furnish quarterly updates by facility on inventory availability of sequestered lots.

5. Contractor shall offer maximized expiration dates for control lots to reduce frequency of new lot validations and/or parallel cross over studies.

6. Contractor shall provide recall notification, regardless of level, to each facility, and to the

WSNC AUS and CO within 48 hours.

7. The Contractor shall be responsible for assuring that the ordered products are available to meet the requirements ordered.

8. Ordering CO, OO, or GPC holder shall be notified immediately (no more than 1 business day) of back orders over 60 days will require notification to the WSNC AUS and IDIQ administering

CO.

9. No substitutions will be permitted without approval from the CO and authorized through contract modification adding the substituted item to the schedule of items.

10. Laboratory quality control products will be delivered in accordance with the delivery order.

11. Deliveries shall incorporate sufficient packing to comply with all applicable federal and/or state standards relating to shipment of these products. Shipping containers must comply with all federal and state regulations (i.e., DOT, DOE, regulations and standards). The contractor shall be notified of damaged or unacceptable items with 5 business days of receipt. Damaged or unacceptable items will be returned at the contactors’ expense.

12. The contractor shall replace any items received that are determined not fit for use by the user and provide replacement product within 2 business days. Report on the problem(s) must be submitted, in writing, to the CO.

13. In the event that material defect is suspected and/or detected by the CO will be requested to provide any consultation necessary to alleviate any said suspicion and/or defect by the following:

a. Provide technical expertise which may include professional examination of product; results and recommendations shall be sent to the CO.

b. Make expedient replacement of any product suspected of being deficient.

14. Delivery schedules, arrangements and packing slip requirements will be provided in the delivery order or by the ordering official (Ordering Contracting Officer, Ordering Officer, or GPC Holder).

B.12 INFORMATION SECURITY

The Certification and Accreditation requirements do not apply, and a Security Accreditation Package is not required.

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023) (DEVIATION OCT

2025)

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

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

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

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

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

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

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall—

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

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

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

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

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

(i) Payment—

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

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

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

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

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

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

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

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

(D) Contractor point of contact; and

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

(5) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the

Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C.

chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services;

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

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

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

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

(8) The specification.

(s) Unauthorized obligations.

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

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

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

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

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

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

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

(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in RFO part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

(u) 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.

C.2 52.242-5 PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (JAN

2017)

(a) Definitions. As used in this clause—

Reduced payment means a payment that is for less than the amount agreed upon in a subcontract in accordance with its terms and conditions, for supplies and services for which the Government has paid the prime contractor.

Untimely payment means a payment that is more than 90 days past due under the terms and conditions of a subcontract, for supplies and services for which the Government has paid the prime contractor.

(b) Notice. The Contractor shall notify the Contracting Officer, in writing, not later than 14 days after--

(1) A small business subcontractor was entitled to payment under the terms and conditions of the subcontract; and

(2) The Contractor—

(i) Made a reduced or untimely payment to the small business subcontractor; or

(ii) Failed to make a payment, which is now untimely.

(c) Content of notice. The Contractor shall include the reason(s) for making the reduced or untimely payment in any notice required under paragraph (b) of this clause.

(End of Clause)

C.3 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/RFO https://www.va.gov/oal/library/vaar/

RFO

Number

Title Date

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE

GOVERNMENT ALTERNATE I (NOV 2021)

JUN 2020

52.203-13

52.203-17

52.203-19

CONTRACTOR CODE OF BUSINESS ETHICS AND

CONDUCT

CONTRACTOR EMPLOYEE WHISTLEBLOWER

RIGHTS

PROHIBITION ON REQUIRING CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR

STATEMENTS

NOV 2021

NOV 2023

JAN 2017

52.204-13

52.209-6

52.209-9

SYSTEM FOR AWARD MANAGEMENT MAINTENANCE

(DEVIATION) (NOV 2025)

PROTECTING THE GOVERNMENT'S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED,

SUSPENDED, PROPOSED FOR DEBARMENT, OR

VOLUNTARILY EXCLUDED (DEVIATION NOV 2025)

UPDATES OF PUBLICLY AVAILABLE INFORMATION

REGARDING RESPONSIBILITY MATTERS (DEVIATION

NOV 2025)

OCT 2018

JAN 2025

52.209-10

52.219-4 52.219-8

52.219-9

52.219-16

52.219-28

52.222-3

PROHIBITION ON CONTRACTING WITH INVERTED

DOMESTIC CORPORATIONS (DEVIATION) (NOV 2025)

NOTICE OF PRICE EVALUATION PREFERENCE FOR

UTILIZATION OF SMALL BUSINESS CONCERNS

(DEVIATION NOV 2025)

SMALL BUSINESS SUBCONTRACTING PLAN

(DEVIATION NOV 2025)

LIQUIDATED DAMAGES-SUBCONTRACTING PLAN

(DEVIATION NOV 2025)

POSTAWARD SMALL BUSINESS PROGRAM

REPRESENTATION (DEVIATION NOV 2025)

HUBZONE SMALL BUSINESS CONCERNS (DEVIATION

NOV 2025)

CONVICT LABOR (DEVIATION OCT 2025)

NOV 2015

OCT 2022

JAN 2025

JAN 2025

SEP 2021

JAN 2025

JUN 2003

52.222-19 CHILD LABOR—COOPERATION WITH AUTHORITIES

AND REMEDIES (DEVIATION OCT 2025)

JAN 2025

52.222-35

52.222-36

EQUAL OPPORTUNITY FOR VETERANS (DEVIATION

NOV 2025)

EQUAL OPPORTUNITY FOR WORKERS WITH

DISABILITIES (DEVIATION NOV 2025)

JUN 2020

JUN 2020

52.222-37

52.222-40

EMPLOYMENT REPORTS ON VETERANS (DEVIATION

NOV 2025)

NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE

NATIONAL LABOR RELATIONS ACT (DEVIATION NOV

2025)

JUN 2020

DEC 2010

52.222-50

COMBATING TRAFFICKING IN PERSONS (DEVIATION

NOV 2025)

NOV 2021

52.223-5

52.223-11

52.223-20 52.223-21 52.223-23

52.225-5

POLLUTION PREVENTION AND RIGHT-TO-KNOW

INFORMATION

OZONE-DEPLETING SUBSTANCES (DEVIATION NOV

2025)

AEROSOLS

FOAMS

SUSTAINABLE PRODUCTS AND SERVICES (DEVIATION

NOV 2025)

TRADE AGREEMENTS

MAY 2024

MAY 2024

MAY 2024

MAY 2024

MAY 2024

NOV 2023

52.226-8

52.229-3

52.229-12

ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT

MESSAGING WHILE DRIVING

FEDERAL, STATE, AND LOCAL TAXES (DEVIATION SEP

2025)

TAX ON CERTAIN FOREIGN PROCUREMENTS

(DEVIATION SEP 2025)

MAY 2024

FEB 2013

FEB 2021

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-SYSTEM

FOR AWARD MANAGEMENT

NOV 2021

52.232-36 52.232-37 52.232-40

PAYMENT BY THIRD PARTY (DEVIATION NOV 2025)

MULTIPLE PAYMENT ARRANGEMENTS

PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

MAY 2014

MAY 1999

MAR 2023

52.233-3 PROTEST AFTER AWARD (DEVIATION NOV 2025) AUG 1996

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM

(DEVIATION NOV 2025)

OCT 2004

52.240-91

52.244-6

SECURITY PROHIBITIONS AND EXCLUSIONS

(DEVIATION NOV 2025)

SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEVIATION OCT 2025)

OCT 2025

JAN 2025

852.203-70 852.211-72

COMMERCIAL ADVERTISING

TECHNICAL INDUSTRY STANDARDS

MAY 2018

NOV 2018

852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS FEB 2023

852.219-70 VA SMALL BUSINESS SUBCONTRACTING PLAN

MINIMUM REQUIREMENTS (DEVIATION)

JAN 2023

852.222-71 COMPLIANCE WITH EXECUTIVE ORDER 13899

(DEVIATION) (APR 2025)

APR 2025

852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS NOV 2018

852.232-71 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION

CONTRACTS (INCLUDING NAS– CPM) (NOV 2018)

NOV 2018

852.246-71 REJECTED GOODS OCT 2018

C.4 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from time of award through time of award plus 5 years.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of Clause)

C.5 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $15,000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $250,000;

(2) Any order for a combination of items in excess of $500,000; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (RFO)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 2 business days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

C.6 52.216-22 INDEFINITE QUANTITY (OCT 1995) (DEVIATION NOV 2025)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after the end of the contract.

(End of Clause)

C.7 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES.

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any VAAR Acquisition Regulation (48 CFR Chapter FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

C.8 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.9 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

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

Multiple Locations: All facilities within the WSNC catchment area dictated by delivery order

(End of Clause)

C.10 VAAR 852.247-72 MARKING DELIVERABLES (OCT 2018)

(a) The contract number shall be placed on or adjacent to all exterior mailing or shipping labels of deliverable items called for by the contract.

(b) Mark deliverables, except reports, for by each delivery order:

(End of Clause)

C.11 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

Material shall be packed for shipment in such a manner that will insure acceptance by common carriers and safe delivery at destination. Containers and closures shall comply with regulations of carriers as applicable to the mode of transportation.

(End of Clause)

C.12 MANDATORY WRITTEN DISCLOSURES

Mandatory written disclosures required by RFO clause 52.203-13 to the Department of Veterans Affairs, Office of Inspector General (OIG) must be made electronically through the VA OIG Hotline at https://www.vaoig.gov/hotline/online-forms and clicking on "RFO clause 52.203- 13 Reporting." If you experience difficulty accessing the website, call the Hotline at 1-800-488- 8244 for further instructions.

C.13 EXECUTIVE ORDER (EO) 14398

“In connection with the performance of work under this contract, [the contractor/appropriate party (contractor)] agrees as follows:

1. The contractor will not engage in any racially discriminatory DEI activities, as defined in section 2 of the Executive Order of March 26, 2026 (Addressing DEI Discrimination by Federal Contractors);

2. The contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the contracting agency pursuant to the Executive Order of March 26, 2026 (Addressing DEI Discrimination by Federal Contractors), 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 department or agency and take any appropriate remedial actions directed by the contracting department or agency;

5. The contractor will inform the contracting department or agency if a subcontractor sues the contractor and the suit puts at issue, in any way, the validity of this clause; and

6. The contractor recognizes that compliance with the requirements of this clause is material to the Government's payment decisions for purposes of section 3729(b)(4) of title 31, United States Code (False Claims Act)."

(End of Addendum to 52.212-4)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR

ATTACHMENTS

See attached document:

Attachment A Price Schedule, 08.16.2026; 1,220 lines

SECTION E - SOLICITATION PROVISIONS

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

AND COMMERCIAL SERVICES (DEVIATION OCT 2025)

(a) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. As a minimum, offers shall include—

(1) The solicitation number;

(2) The name, address, telephone number of the Offeror;

(3) The Offeror’s Unique Entity Identifier (UEI) and, if applicable, Electronic Funds Transfer (EFT) indicator;

(4) Information necessary to evaluate the factors contained in the provision at 52.212-2 or as described in the solicitation;

(i) Relevant experience wherein it is shown that the quoter has performed similar work meeting similar performance standards in the past (size and scope). This specifically includes working with a wide variety of medical centers, ordering across a large geographic area, managing a large schedule of items or inventory, providing highly technical medical products, and meeting high volume ordering deliveries. This information will be evaluated in accordance with the Relevant Experience evaluation factor. Relevant experience, if submitted, shall:

(a) Be within the past 5 years;

(b) Include government or non-government work, contract numbers (if applicable), POC's, and a description of work done.

(c) Shall address the size and scope of work: regional coverage, type of products, quantities ordered (volume and distribution), distribution method, ordering, and administration.

(ii) Past performance – Identify no more the 5 contracts within the past 5 years. Identify the contract holder (contract number for government contracts), Include a brief description of the requirement, dollar value, and a contract POC name, phone and email address. Contract POC’s may receive a past performance questionnaire from the government CO.

(iii) Price – Provide proposed pricing under Attachment A Price Schedule, Items tab column O Unit Price. Attachment A Price Schedule includes estimated values based on historical and anticipated future usage and not a guarantee for ordering volumes.

(5) Special Standards of Responsibility: Technical - Product function and quality

(i) Identify proposed equal to products or software, associated to the Attachment A

Price Schedule - Bio-Rad brand name products, include a description of each equal to item, how it meets the same test requirements (same standard and level of quality as the brand name BioRad products identified in the schedule of items) and demonstrate compatibility with existing Bio-Rad infrastructure. Must be able to demonstrate similar quality test standards with Bio-Rad QC Products.

(6) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and any solicitation amendments; and

(7) Responses to provisions that require Offeror completion of information, representations, and certifications (other than those collected via the System for Award Management

(SAM));

(8) Completed Attachment A Price Schedule.

(b) Period for acceptance of offers. The Offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(c) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers and any modifications or revisions to the Government office designated in the solicitation by the time specified in the solicitation.

(2) Any offer, modification, or revision received after the time specified for receipt of offers is

“late” and will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition. However, a late modification of an otherwise successful offer that makes its terms more favorable to the Government will be considered at any time it is received and may be accepted.

(3) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(4) Offerors may withdraw their offers by written notice to the Government received at any time before award.

(d) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with Offerors. Therefore, the Offeror’s initial offer should contain the Offeror’s best terms. However, the Government reserves the right to conduct discussions, if necessary. The Government may reject any or all offers if such action is in the public interest, accept other than the lowest offer, and waive informalities and minor irregularities in offers received.

(e) Debriefings. If a postaward debriefing is given to requesting Offerors, the Government will disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed Offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful Offeror and the debriefed Offeror and past performance information on the debriefed Offeror.

(3) The overall ranking of all Offerors when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award.

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful Offeror.

(6) Reasonable responses to relevant questions posed by the debriefed Offeror as to whether the agency followed source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities.

(End of Provision)

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/RFO…