S02 RFQ 36C77023Q0154.pdf
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- Attached to
- 6515--GLUCOSE TEST STRIPS Federal contract opportunity
- Solicitation number
- 36C77023Q0154
About this file
This is a solicitation for diabetic test strips to be provided to two Department of Veterans Affairs Consolidated Mail Outpatient Pharmacies located in Tucson, Arizona and Murfreesboro, Tennessee. The solicitation requires pricing and delivery information to be provided for Contour Next glucose test strips in packaging sizes of 50 strips per box, with quantities and delivery dates specified for each location. Responses are due by March 16, 2023. Pricing terms, product requirements, packaging details, and other terms are included for the test strip supplies.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| P03 Attachment 1 FAR 13.5 Sole Source Justification Over SAT_Final_Redacted.pdf | ||
| S02 Pricing Schedule - Q0154.xlsx | XLSX spreadsheet |
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PAGE 1 OF 1. REQUISITION NO.
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL
TIME
9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS:
SIZE STANDARD:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ IFB RFP
15. DELIVER TO CODE 16. ADMINISTERED BY CODE
17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE
TELEPHONE NO. UEI: EFT:
PHONE: FAX:
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED
SEE ADDENDUM
19. 20. 21. 22. 23. 24.
ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)
PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212
7. FOR SOLICITATION
INFORMATION CALL:
STANDARD FORM 1449
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
NCO 15 Contracting Ofc - CMOP
762-23-1-040-0111
764-23-1-077-0214
36C77023Q0154 03-14-2023
Renee Kreutzer; renee.kreutzer@va.gov 913-684-0142 03-16-2023
5PM CDT
36C770 Department of Veterans Affairs NCO 15 Contracting Ofc - CMOP 3450 S. 4th St. Trafficway
Leavenworth KS 66048-5012
X 100
X
325413
1250 Employees
N/A
N/A
X
Department of Veterans Affairs Multiple Locations See B.4 Delivery Schedule
36C770
NCO 15 Contracting Ofc - CMOP
FSC
PO Box 149971 Austin TX 78714-8971
See CONTINUATION Page
Tucson (762) & Murfreesboro (764) CMOPs
Med/Surg - Contour Next Glucose Test Strip
Please see B.2 Statement of Requirements
Quotation Package shall include:
1. Form 1449 signed cover page
2. Completed excel Pricing Schedule
Submit quotation package via email to: renee.kreutzer@va.gov
See CONTINUATION Page
762-3630160-040-822400-2632 010022460 764-3630160-077-822400-2631 0100224M3
X X
Renee Kreutzer Contracting Officer
36C77023Q0154
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 REQUIREMENTS
B.3 PRICE/COST SCHEDULE
ITEM INFORMATION
B.4 DELIVERY SCHEDULE
SECTION C - CONTRACT CLAUSES
C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
C.2 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED SERVICE-
DISABLED VETERAN-OWNED SMALL BUSINESSES (NOV 2022)
C.3 VAAR 852.219-74 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED
VETERAN-OWNED SMALL BUSINESSES (NOV 2022)
C.4 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—
CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (NOV 2022)
C.5 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)
C.6 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)
C.7 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)
C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (DEC 2022)
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
SECTION E - SOLICITATION PROVISIONS
E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB
1998)
E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS
AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
E.3 52.233-2 SERVICE OF PROTEST (SEP 2006)
E.4 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION
(OCT 2018)
E.5 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)
E.6 VAAR 852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY
ACCESSIBILITY NOTICE (FEB 2023)
E.7 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES (NOV 2021)
E.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—
COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)
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: Vendor Name:________________________________________ POC Name: _____________________________________ Phone#:________________________________________ POC Email:______________________________________
IEN#:_________________________________________
b. GOVERNMENT: Contracting Officer 36C770 Renee Kreutzer Department of Veterans Affairs NCO 15 Contracting Ofc - CMOP
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
[X] 52.232-33, Payment by Electronic Funds Transfer— System for Award Management, or
[] 52.232-36, Payment by Third Party
3. INVOICES: Invoices shall be submitted in arrears:
a. Quarterly []
b. Semi-Annually []
c. Other [X] Upon Receipt and Acceptance of Items Delivered
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.
Department of Veterans Affairs
FSC
PO Box 149971
Austin TX 78714-8971
B.2 STATEMENT OF REQUIREMENTS
VA FORM 2237 # 762-23-1-040-0111 & 764-23-1-077-0214
I. DELIVERY TERMS
1. The Government reserves the right to cancel any quantities NOT delivered on or before the required date as specified in the solicitation and purchase order.
2. All products supplied under this contract must be shippable by the United States Postal Service (USPS) unless specifically identified otherwise by the vendor and accepted by the Contracting Officer. Failure of the vendor to notify the Contracting Officer of the non-shippable status of a product (usually due to flammability) will result in cancellation or return of the product at the offeror’s expense. “Shippable” means the product must be able to be shipped by the USPS when the Consolidated Mail Outpatient Pharmacy (CMOP) issues it to a patient. It DOES NOT mean that the product supplier must ship the product to the CMOP via USPS. The most cost-effective method of shipping should be used for initial delivery to the CMOP.
3. For reconciliation purposes, all shipments must reference the original VA obligation number (i.e., 770A712345) even if purchased product is from another partnered company. This obligation number is referenced by CMOP receiving facility to verify receipt of items, and by the VA Fiscal Service Center to pay invoices submitted by vendor.
4. Deliveries are to be coordinated by shipper with receiving CMOP facilities) to ensure deliveries occur within operational hours.
5. Delivery may be required to multiple delivery points as specified on solicitation and purchase order.
6. The contractor is to email tracking information to point of contacts: Juan Silva (juan.silva@va.gov) for Tucson CMOP and Megan Davis (megan.davis@va.gov) for Murfreesboro CMOP upon shipment of products.
II. ADDITIONAL TERMS PROPOSED BY CONTRACTOR:
1. Any alternate National Drug Codes (NDCs) or UPCs that vendors wish to quote shall be listed on the attached quote spreadsheet (where applicable).
2. Acceptance prior to purchase order of any vendor quoted NDC or Universal Product Code (UPC) shall be contingent on CMOP approval.
3. If a line item indicates more than one NDC/UPC, vendor SHALL specify which NDC/UPC is used when quoting. If offering an alternate, vendor MUST indicate proposed alternate on the attached quote spreadsheet in the column titled “ALTERNATE NDC (PKG SZ)” and indicate bottle size in parentheses (i.e., 500 CT).
mailto:juan.silva@va.gov mailto:megan.davis@va.gov
Statement of Requirements Version 5.01 January 30, 2022
ALL OFFERS SHALL BE SUBMITTED ON THE ATTACHED QUOTE
SPREADSHEET.
4. If the pre-approved alternate NDC is provided by the vendor, and if the unit size is different from the original unit requested, then the vendor must also adjust the final quantity accordingly. For example: Solicitation is for 100 quantities of 1000 CT bottles. Vendor submits quote for 500 CT. Quantity would need to be changed to 200.
5. The quoted alternate terms or conditions shall be reviewed by the Contracting Officer and, if accepted, shall be included in the resulting purchase order. Alternate terms and conditions quoted elsewhere will not be considered and will not be included in any resultant purchase order.
III. BAR CODING
1. All pharmaceutical products provided under the resulting purchase order shall include bar code labeling at the unit-of-use package level. The bar code labeling must be in a linear format that conforms to all GS1-128 (formerly EAN.UCC) or Health Industry Business Communication Council (HIBCC), Health Industry Bar Code (HIBC) supplier labeling standards. The bar code symbology must comply with all GSI or HIBCC parameters including, but not limited to symbology type or encoded pattern, bar and space dimensions and tolerances, and allowable ratio of wide to narrow elements.
2. The bar code may be any linear bar code symbology, such as GS1-128 (formerly EAN.UCC), GS1 Data Bar (formerly RSS), or Universal Product Code (if the UPC contains the National Drug Code or NDC). The bar code must encode the NDC, either alone or within the GS1 data structure (Global Trade Item Number (GTIN)).
3. The bar code printing must be American National Standards Institute (ANSI)/International Organization for Standardization (ISO)/IEC Quality Grade C or better. Manufacturers and packagers must ensure that production runs include an initial verification check, as well as routine audits, to ensure the bar code is printed clearly and consistently to meet the quality standard of Grade C or better.
Contractors shall be responsible for ensuring that bar code labels meet the quality requirements specified in this section prior to shipping pharmaceutical products to any authorized ordering activity under this contract.
4. The bar code must be on the outside container or wrapper of the medication as well as on the immediate container unless the bar code is readily visible and machine-readable through the outside container or wrapper. When the bar code is not easily machine-readable through the overwrap, the overwrap must contain the bar code.
5. The bar code must go on each cell of a blister pack. Furthermore, the bar code must remain intact under normal conditions of use; thus, it must not be printed across the perforations of a blister pack.
6. When applicable to the symbology used, bar codes shall be surrounded by sufficient quiet zone so that the bar code can be scanned correctly. Bar code placement shall minimize curvature of the bar code. For example, bar codes should be placed in “ladder orientation” on vials or bottles to minimize curvature of the bar code. Bar code labeling shall not be placed solely on outer packaging.
7. It is recommended that bar code labeling also include the lot number and expiration date. If two separate distinctive bar codes are used, one for NDC and the other for lot number/expiration date, the lot number and expiration date bar code must not be close to the NDC barcode or in a format that may be confused with the NDC bar code. When applicable, all Healthcare Distribution Management Association (HDMA) guidelines shall be followed.
IV. THERAPEUTIC EQUIVALENCE
Only products that have received, under the Federal Food, Drug and Cosmetic Act (FFDCA), a therapeutic equivalence code of “A” by the Food and Drug Administration (FDA) will be considered, unless all drugs in the family group are “B” rated. In that case, no purchase order will be made other than to the innovator unless the non-innovator offeror submits acceptable data demonstrating bioequivalence.
V. RECALLS -- THIS IS FOR FSS ONLY
1. If a drug recall is initiated for any drug provided under the resulting purchase order, regardless of whether it is a voluntary recall by the manufacturer or a recall required by FDA, or, if FDA withdraws their approval to manufacture any drug that is included on this purchase order, the following action shall immediately be taken by the vendor:
2. Forward two (2) copies of the recall notification along with any pertinent information to:
1) Chief, Pharmaceutical Federal Supply Schedule Service (003A4B) VA National Acquisition Center P.O Box 76 Hines, IL 60141 Fax number: (708) 786-4974
2) Deputy Chief Consultant (M/S119D) VHA Pharmacy Benefits Management Services 1st Ave., 1 Block North of Cermak Rd., Bldg. 37, Rm 139 Hines, IL 60141 Fax number: (708) 786-7894
3) Manager, Product Recall Office National Center for Patient Safety Veterans Health Administration 24 Frank Lloyd Wright Drive, Lobby M Ann Arbor, MI 48106 VHANCPSRecallsNotification@va.gov Phone Number: (734) 930-5865 mailto:VHANCPSRecallsNotification@va.gov
4) All authorized ordering activities that were sent shipments of the affected product(s).
5) All FSS ordering activities that were sent shipments of the affected product(s).
VI. RECALLS -- THIS IS FOR OPEN MARKET ONLY
1. If a recall is initiated for any item provided under the resultant purchase order, regardless of whether it is a voluntary recall by the manufacturer or a recall required by FDA, or, if FDA withdraws their approval to manufacture any drug that is included on the resultant purchase order, the following action shall immediately be taken by the vendor:
2. Forward two (2) copies of the recall notification along with any pertinent information to:
1) Director, CMOP Acquisitions Veterans Health Administration Network Contracting Office (NCO15) 3450 South 4th Street Leavenworth, KS 66048-5012 Fax Number: (913) 684-0179
2) Deputy Chief Consultant (M/S119D) VHA Pharmacy Benefits Management Services 1st Ave., 1 Block North of Cermak Rd., Bldg. 37, Rm 139 Hines, IL 60141 Fax Number: (708) 786-7894
3) Manager, Product Recall Office National Center for Patient Safety Veterans Health Administration 24 Frank Lloyd Wright Drive, Lobby M Ann Arbor, MI 48106 VHANCPSRecallsNotification@va.gov Phone Number: (734) 930-5865
4) CMOP address shown in Block 15 of the Standard Form (SF) 1449 of the resultant purchase order.
VII. NATIONAL DRUG CODES
Offerors shall provide a separate and distinct eleven-digit National Drug Code (NDC) number (e.g., 00012-3456-78) for each product proposed on the attached quote spreadsheet of the solicitation (when applicable). Quotes that fail to provide the information required by this section by the solicitation closing date shall be rejected and shall receive no further consideration.
VIII. FIRM COMMITMENT OF PRODUCT AVAILABILITY AND PRICE
Just prior to purchase order, usually 24-hours, the Offeror shall be required to provide a firm commitment of availability and price. This commitment may be in the form of an email certifying availability or other document illustrating or showing availability.
mailto:VHANCPSRecallsNotification@va.gov
IX. OTHER REQUIREMENTS
1. Any package size ordered below 500 count is for Unit of Use issue and requires a Safety/Child Proof cap.
2. The expiration dates of the pharmaceutical or med/surg items shall be no less than 12 months from date of delivery.
3. Substitutions of pack sizes must be approved in writing by the Contracting Officer prior to shipment
4. Any change that deviates from the specific item requested must be approved by the Contracting Officer in writing. For example, the replacement of capsules for tablets or suspended action for extended-release items will require approval prior to shipment.
5. Partial deliveries of product must be approved in writing by the Contracting Officer prior to shipment
6. Minimal lot numbers of product is required. More than three (3) lot numbers of product must be approved by the Contracting Officer in writing prior to shipment.
7. A minimum bottle size is 100cc with a child safety type cap that does not exceed the diameter of the bottle. It must also have a cylindrical body and minimum of 5.75-inches circumference.
8. It is incumbent upon the vendor to initiate any actions requiring the approval of the Contracting Officer. Failure to obtain Contracting Officer approvals may result in termination of purchase order in accordance with Federal Acquisition Regulation (FAR) clause 52.212-4 (Contract Terms and Conditions – Commercial Items) as specified in solicitation and purchase order.
9. All shipments shall come with a packing slip identifying Vendor name/address, VA Purchase Order Number (i.e., VA770-17-P-1234), VA Obligation Number (i.e., 770A12345), NDC, PRODUCTS, and LINE-ITEM NUMBERS from the purchase order document. Documentation shall include Vendor’s point of contact for reporting noted discrepancies, damages, or incorrect product. Invoice price must match purchase order price. Failure to supply this information may cause a delay with payment or rejection of the product if the order information is not readily apparent.
10. All like products shall be packaged and shipped together. Breakable items shall be packaged appropriately with blister pack or bubble wrap. Requirements meeting case pack size will be shipped in the original manufactures packaging. Quantities less than case size may be shipped in repack boxes but must be clearly marked as repacks
11. Vendor shall provide a return authorization and pickup for any damaged products or incorrect products received within one (1) week of request.
For Awarded Vendor(s) Only to Complete
X. DRUG SUPPLY CHAIN SECURITY ACT COMPLIANCE
THIS APPLIES TO PRESCRIPTION PHARMACEUTICALS PROCUREMENTS
ONLY
www.fda.gov/Drugs/DrugSafety/DrugIntegrityandSupplyChainSecurity/DrugSupplyChain SecurityAct/default.htm
As of January 1, 2015, all suppliers of prescription drug products (i.e., products which have been approved and which may be dispensed only by prescription under section 503(b) of the FDCA), must comply with the provisions of The Drug Supply Chain Security Act (DSCSA), and all trading partners must be authorized as defined by this act.
The documentation must be provided with the product or prior to receipt and documentation must comply with the DSCSA. The documentation can be paper-based or electronic (i.e., Electronic Data Interchange [EDI], Electronic Product Code Information Services [EPCIS] or Abstract Syntax Notation [ASN] file format) to meet the requirements of the DSCSA.
The TH (Transaction History), TI (Transaction Information)
And
TS (Transaction Statement) may be submitted by e-mail to the following group or groups as appropriate:
VHACMOPProcurement/Logistics762@va.gov (Tucson CMOP) VHACMOPProcurement/Logistics764@va.gov (Murfreesboro CMOP)
The documentation required is as follows:
Transaction History (TH) A paper or electronic statement shall include the transaction information for each prior transaction for the subject product going back to the manufacturer of the product.
Transaction Information (TI) A paper or electronic document containing:
1. the proprietary or established name or names of the product;
2. the strength and dosage form of the product as stated on the manufacturers label
3. the National Drug Code number of the product;
4. the container size;
5. the number of containers;
6. the lot number of the product;
7. the date of the transaction;
8. the date of the shipment, if more than 24 hours after the date of the transaction;
9. the business name and address of the person from whom ownership is being transferred; and
10. the business name and address of the person to whom ownership is being transferred.
http://www.fda.gov/Drugs/DrugSafety/DrugIntegrityandSupplyChainSecurity/DrugSupplyChainSecurityAct/default.htm http://www.fda.gov/Drugs/DrugSafety/DrugIntegrityandSupplyChainSecurity/DrugSupplyChainSecurityAct/default.htm
Transaction Statement (TS) A paper or electronic document stating that the entity transferring ownership in a transaction:
1. is authorized as required under the Drug Supply Chain Security Act;
2. received the product from source that is authorized as required under the Drug
Supply Chain Security Act;
3. received transaction information and a transaction statement from the prior owner of the product, as required under section 582;
4. did not knowingly ship a suspect or illegitimate product;
5. had systems and processes in place to comply with verification requirements under
Section 582;
6. did not knowingly provide false transaction information; and
7. did not knowingly alter the transaction history.
B.3 PRICE/COST SCHEDULE
ITEM INFORMATION
ITEM
NUMBER
DESCRIPTION OF
SUPPLIES/SERVICES QUANTITY UNIT
UNIT
PRICE AMOUNT
0001 CONTOUR NEXT (GLUCOSE)
TEST STRIP
CMOP ID: XR423
SIZE: 50/BX
NDC: 00193-7311-50
POP Begin: 03-25-2023 POP End: 09-25-2023
PRINCIPAL NAICS CODE:
325413 - In-Vitro Diagnostic Substance Manufacturing
PRODUCT/SERVICE CODE:
6515 - Medical and Surgical Instruments, Equipment, and
Supplies
11,856 BX _________ _________
0002 CONTOUR NEXT (GLUCOSE)
TEST STRIP
CMOP ID: XR423
SIZE: 50/BX
NDC: 00193-7311-51
POP Begin: 03-25-2023 POP End: 02-25-2024
PRINCIPAL NAICS CODE:
325413 - In-Vitro Diagnostic Substance Manufacturing
PRODUCT/SERVICE CODE:
6515 - Medical and Surgical Instruments, Equipment, and
Supplies
3,696 BX _________ _________
GRAND TOTAL _________
B.4 DELIVERY SCHEDULE
ITEM NUMBER
SHIP TO
QUANTITY
DELIVERY
DATE
0001 DEPARTMENT OF VETERANS AFFAIRS
CMOP TUCSON
3675 E BRITANNIA DR
TUCSON, AZ 85706
3,952 03-25-2023
0001 SAME AS ABOVE 3,952 06-25-2023
0001 SAME AS ABOVE 3,952 09-25-2023
0002 DEPARTMENT OF VETERANS AFFAIRS
CMOP MURFREESBORO
3209 ELAM FARMS PARKWAY
MURFREESBORO, TN 37127
308 03-25-2023
0002 SAME AS ABOVE 308 04-25-2023
0002 SAME AS ABOVE 308 05-25-2023
0002 SAME AS ABOVE 308 06-25-2023
0002 SAME AS ABOVE 308 07-25-2023
0002 SAME AS ABOVE 308 08-25-2023
0002 SAME AS ABOVE 308 09-25-2023
0002 SAME AS ABOVE 308 10-25-2023
0002 SAME AS ABOVE 308 11-25-2023
0002 SAME AS ABOVE 308 12-25-2023
0002 SAME AS ABOVE 308 01-25-2024
0002 SAME AS ABOVE 308 02-25-2024
SECTION C - CONTRACT CLAUSES
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.1 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):
http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/
(End of Clause)
FAR
Number
Title Date
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS
AND REQUIREMENT TO INFORM EMPLOYEES OF
WHISTLEBLOWER RIGHTS
JUN 2020
52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON
POSTCONSUMER FIBER CONTENT PAPER
MAY 2011
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE
MAINTENANCE
AUG 2020
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL
BUSINESS SUBCONTRACTORS
NOV 2021
C.2 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED
SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (NOV 2022)
(a) Definition. For the Department of Veterans Affairs, “Service-disabled Veteran-owned small business concern or SDVOSB”:
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.101, Surviving Spouse definition);
https://www.va.gov/oal/library/vaar/vaar802.asp#802201
(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;
(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;
(iv) The business has been verified for ownership and control pursuant to 38 CFR part 74 and is listed in SBA’s VetCert database at Veteran Small Business Certification (sba.gov); and
(v) The business will comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size and government contracting programs at 13 CFR parts 121 and 125, provided that any reference therein to a service-disabled veteran-owned small business concern or SDVO SBC, is to be construed to apply to a VA verified and VETCERT-listed SDVOSB, unless otherwise stated in this clause.
(2) The term “Service-disabled Veteran” means a Veteran, as defined in 38 U.S.C.
101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
(3) The term “small business concern” has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).
(4) The term “small business concern owned and controlled by Veterans with service-connected disabilities” has the meaning given the term “small business concern owned and controlled by service-disabled veterans” under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)), except that for a VA contract the firm must be listed in the VETCERT database (see paragraph (a)(1)(iv) of this clause).
(b) General. (1) Offers are solicited only from VETCERT-listed SDVOSBs. Offers received from entities that are not VetCert-listed SDVOSBs at the time of offer shall not be considered.
(2) Any award resulting from this solicitation shall be made to a VetCert-listed SDVOSB who is eligible at the time of submission of offer(s) and at the time of award.
(3) The requirements in this clause apply to any contract, order, or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences.
(c) Representation. Pursuant to 38 U.S.C. 8127(e), only VetCert-listed SDVOSBs are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible SDVOSB as defined in this clause, 38 CFR part 74, and VAAR subpart 819.70.
(d) Agreement. When awarded a contract action, including orders under multiple-award contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size https://veterans.certify.sba.gov/ https://veterans.certify.sba.gov/ https://www.va.gov/oal/library/vaar/vaar819.asp#81970 https://www.va.gov/oal/library/vaar/vaar819.asp#81970 and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting requirements in 13 CFR 121.406(b) and 13 CFR 125.6. Unless otherwise stated in this clause, a requirement in 13 CFR parts 121 and 125 that applies to an SDVO SBC, is to be construed to also apply to a VetCert-listed SDVOSB. For limitations on subcontracting, only VetCert-listed SDVOSBs (including independent contractors) shall be considered eligible and/or “similarly situated” (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required certification requirements in this solicitation (see 852.219-75 or 852.219-76 as applicable). These requirements are summarized as follows:
(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not VetCert-listed SDVOSBs (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases). When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.
(2) Supplies/products. (i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not VetCert-listed SDVOSBs. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract.
(ii) In the case of a contract for supplies from a non-manufacturer, the SDVOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted. Refer to 13 CRF 125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.
(3) General construction. In the case of a contract for general construction, the SDVOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not VETCERT-listed SDVOSBs.
(4) Special trade construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, may be paid to firms that are not VetCert-listed SDVOSBs.
(5) Subcontracting. An SDVOSB must meet the NAICS size standard assigned by the prime contractor and be listed in VetCert to count as similarly situated. Any work that a first tier VETCERT-listed SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13 CFR 125.6.
https://www.va.gov/oal/library/vaar/vaar852.asp#85221975 https://www.va.gov/oal/library/vaar/vaar852.asp#85221976
(e) Required limitations on subcontracting compliance measurement period. An SDVOSB shall comply with the limitations on subcontracting as follows:
By the end of the base term of the contract or order, and then by the end of each subsequent option period; or
(f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture is listed in VETCERT and complies with the requirements in 13 CFR 125.18(b), provided that any requirement therein that applies to an SDVO SBC is to be construed to apply to a VETCERT-listed SDVOSB. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.
(g) Precedence. The VA Veterans First Contracting Program, as defined in VAAR 802.101, subpart 819.70, and this clause, takes precedence over any inconsistencies between the requirements of the SBA Program for SDVO SBCs, and the VA Veterans First Contracting Program.
(h) Misrepresentation. Pursuant to 38 USC 8127(g), any business concern, including all its principals, that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB status is subject to debarment from contracting with the Department for a period of not less than five years (see VAAR 809.406-2 Causes for Debarment).
(End of clause)
C.3 VAAR 852.219-74 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED
VETERAN-OWNED SMALL BUSINESSES (NOV 2022)
(a) Definition. For the Department of Veterans Affairs, ‘‘Veteran-owned small business or
VOSB’’:
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more Veteran(s);
(ii) The management and daily business operations of which are controlled by one or more Veteran(s);
(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;
(iv) The business has been verified for ownership and control pursuant to 38 CFR part 74 and is listed in VA’s Vendor Information Pages (VETCERT) database at: https:// www.vetbiz.va.gov/VetCert/; and
(v) The business will comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size and government contracting programs at 13 CFR parts 121 and 125, provided that any requirement therein that applies to a service-disabled https://www.va.gov/oal/library/vaar/vaar802.asp#802101 https://www.va.gov/oal/library/vaar/vaar809.asp#8094062 veteranowned small business concern or SDVO SBC, is to be construed to also apply to a VA verified and VETCERT-listed VOSB, unless otherwise stated in this clause.
(vi) The term VOSB includes VETCERT-listed service-disabled veteran-owned small businesses (SDVOSB).
(2) ‘‘Veteran’’ is defined in 38 U.S.C. 101(2).
(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).
(4) The term ‘‘small business concern owned and controlled by Veterans’’ has the meaning given that term under section 3(q)(3) of the Small Business Act (15 U.S.C. 632(q)(3)), except that for a VA contract the firm must be listed in the VETCERT database (see paragraph (a)(1)(iv) of this clause).
(b) General.
(1) Offers are solicited only from VETCERT-listed VOSBs, including VETCERT-listed SDVOSBs. Offers received from entities that are not VETCERT-listed at the time of offer shall not be considered.
(2) Any award resulting from this solicitation shall be made only to a VETCERT-listed VOSB who is eligible at the time of submission of offer(s) and at time of award.
(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as a VOSB, including setasides, sole source awards, and evaluation preferences.
(c) Representation. Pursuant to 38 U.S.C. 8127(e), only VETCERT-listed VOSBs are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible VOSB as defined in this clause, 38 CFR part 74, and VAAR subpart 819.70.
(d) Agreement. When awarded a contract action, including orders under multipleaward contracts, a VOSB agrees that in the performance of the contract, the VOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size and government contracting programs at 13 CFR parts 121 and 125, including the non-manufacturer rule and limitations on-subcontracting requirements in 13 CFR 121.406(b) and 125.6. Unless otherwise stated in this clause, any requirement in 13 CFR parts 121 and 125 that applies to an SDVO SBC, is to be construed to also apply to a VETCERT-listed VOSB. For the purpose of the limitations on subcontracting, only VETCERT-listed VOSB, (including independent contractors) is considered eligible and/or ‘‘similarly situated’’ (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required certification requirements in this solicitation (see 852.219–75 and/or 852.219–76 as applicable). These requirements are summarized as follows:
(1) Services. In the case of a contract for services (except construction), the VOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not VETCERT-listed VOSBs (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/ VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases).
When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.
(2) Supplies/products.
(i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the VOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not VETCERT-listed VOSBs. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract.
(ii) In the case of a contract for supplies from a non-manufacturer, the VOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted. Refer to 13 CFR 125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.
(3) General construction. In the case of a contract for general construction, the VOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not VETCERT-listed VOSBs.
(4) Special trade construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, may be paid to firms that are not VETCERT-listed VOSBs.
(5) Subcontracting. A VOSB must meet the NAICS size standard assigned by the prime contractor and be listed in VETCERT to count as similarly situated. Any work that a first tier VETCERT-listed VOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13 CFR 125.6.
(e) Required limitations on subcontracting compliance measurement period. A VOSB shall comply with the limitations on subcontracting as follows:
[X] By the end of the base term of the contract or order, and then by the end of each subsequent option period; or
[] By the end of the performance period for each order issued under the contract.
(f) Joint ventures. A joint venture may be considered eligible as a VOSB if the joint venture is listed in VETCERT and complies with the requirements in 13 CFR 125.18(b), provided that any requirement therein that applies to an SDVO SBC is to be construed to also apply to a VETCERT-listed VOSB. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.
(g) Precedence. The VA Veterans First Contracting Program, as defined in VAAR 802.10, subpart 819.70, and this clause, takes precedence over any inconsistencies between the requirements of the SBA Program for SDVO SBCs and the VA Veterans First Contracting Program.
(h) Misrepresentation. Pursuant to 38 U.S.C. 8127(g), any business concern, including all its principals, that is determined by VA to have willfully and intentionally misrepresented a company’s VOSB status is subject to debarment from contracting with the Department for a period of not less than five years (see VAAR 809.406–2, Causes for Debarment).
(End of Clause)
C.4 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON
SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND
PRODUCTS (NOV 2022)
(a) Pursuant to 38 U.S.C. 8127(k)(2), the offeror certifies that—
(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows: [Offeror check the appropriate box]
(i) □ In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not VETCERT-listed SDVOSBs as set forth in 852.219-73 or VOSBs as set forth in 852.219-74. Any work that a similarly situated VETCERT-listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.
(ii) □ In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) is granted. The offeror understands that, as provided in 13 CFR 121.406(b)(7), such a waiver has no effect on requirements external to the Small Business Act, such as the Buy American Act or the Trade Agreements Act.
(2) Manufacturer or nonmanufacturer representation and certification. [Offeror fill-in— check each applicable box below. The offeror must select the applicable provision below, identifying itself as either a manufacturer or nonmanufacturer]:
(i) □ Manufacturer or producer. The offeror certifies that it is the manufacturer or producer of the end item being procured, and the end item is manufactured or produced in the United States, in accordance with paragraph (a)(1)(i).
(ii) □ Nonmanufacturer. The offeror certifies that it qualifies as a nonmanufacturer in accordance with the requirements of 13 CFR 121.406(b) and paragraph https://www.acquisition.gov/far/2.101 https://www.va.gov/oal/library/vaar/vaar852.asp#85221973 https://www.va.gov/oal/library/vaar/vaar852.asp#85221974
(a)(1)(ii). The offeror further certifies it meets each element below as required to qualify as a nonmanufacturer. [Offeror fill-in—check each box below.]
□ The offeror certifies that it does not exceed 500 employees (or 150 employees for the Information Technology Value Added Reseller exception to NAICS code 541519, which is found at 13 CFR 121.201, footnote 18).
□ The offeror certifies that it is primarily engaged in the retail or wholesale trade and normally sells the type of item being supplied.
□ The offeror certifies that it will take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice.
(iii) □ The offeror certifies that it will supply the end item of a small business manufacturer, processor, or producer made in the United States, unless a waiver as provided in 13 CFR 121.406(b)(5) has been issued by SBA.
(3) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.
(4) If VA determines that an SDVOSB/VOSB awarded a contract pursuant to 38
U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:
(i) Referral to the VA Suspension and Debarment Committee;
(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C.
645(g)(1)); and
(iii) Prosecution for violating section 1001 of title 18.
(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract or to determine whether the offeror qualifies as a manufacturer or nonmanufacturer in compliance with the limitations on subcontracting requirement. Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.
(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.
(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed, and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.
Certification:
I hereby certify that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].
Printed Name of Signee: ________________________________________
Printed Title of Signee: _________________________________________
Signature: ___________________________________________________
Date: _____________________
Company Name and Address: ______________________________________
(End of clause)
C.5 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.6 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)
Shipment of deliverable items, other than reports, shall be to:
Department of Veterans Affairs Multiple Locations See B.4 Delivery Schedule
C.7 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)
(End of Addendum to 52.212-4)
C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO
IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L.
115–91).
(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).
(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[X] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).
[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C.
3509).
[]…
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