Solicitation- 36C24521Q0024.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. DUNS: DUNS+4:

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. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 64

613-21-1-098-0001

36C24521Q0024 10-15-2020

Christopher Hartley 304-255-2121 10-26-2020

12:00 PM

36C245 Department of Veterans Affairs Veterans Health Administration RPO East, NCO 5

Christopher Hartley Christopher.Hartley1@va.gov

X

621991

$35 Million

N/A

X

Department of Veterans Affairs

VAMC (613)

VISN 5 Contract Satellite Office 510 Butler Avenue, Building 308B Martinsburg WV 25405

36C245

Department of Veterans Affairs

PAYMENT WILL BE MADE BY

FSC e-Invoice Payment Invoice must be submitted electronically http://www.fsc.va.gov/einvoice.asp Invoice Setup Information 1-877-489-6135

See CONTINUATION Page

Contractor shall provide a quote in accordance with the below Statement of Work and Price Schedule.

See CONTINUATION Page

613-3610160-098-822300-2635 0100223J1

X X

X 1

Anna Fitzgerald

36C24521Q0024

Table of Contents

SECTION A

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

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

B.4 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

2018)

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JUN 2020)

C.3 52.216-18 ORDERING (OCT 1995)

C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.5 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

C.6 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

C.7 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 32

C.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.9 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.10 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.11 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

C.12 VAAR 852.247-72 MARKING DELIVERABLES (OCT 2018)

C.13 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

C.14 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES

INCORPORATED BY REFERENCE (JAN 2008)

C.15 VAAR 852.247-74 ADVANCE NOTICE OF SHIPMENT (OCT 2018)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018)

E.2 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.3 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (JUN 2020)

E.4 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)

E.5 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT:

Contracting Officer 36C245 Anna Fitzgerald Department of Veterans Affairs

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

[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 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.

PAYMENT WILL BE MADE BY

FSC e-Invoice Payment Invoice must be submitted electronically http://www.fsc.va.gov/einvoice.asp Invoice Setup Information 1-877-489-6135

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

AMENDMENT NO DATE

B.2 STATEMENT OF WORK

Blood and Blood Products Statement of Work

I. SCHEDULE OF SUPPLIES/SERVICE AND PRICE OR COST

Martinsburg VA Medical Center is requesting a quote for Blood & Blood related products for the base year of fiscal 2021 to run from Nov 2, 2020 to November 1, 2021 with up to four 1-year option years.

The Contractor will provide the following blood components to the VAMC Martinsburg, WV, in accordance with the requirements and estimated quantities noted below in this Statement of Work. Quantities listed are estimates, based upon prior history of actual volumes and are intended to provide the potential contractor a basis for calculating pricing. Contractor will highlight in the quote any Value-Added Services for stocking and rotating of supplies keeping all products at optimal shelf life allowing for cost savings.

(November 2, 2020 THROUGH November 1, 2021) Base Year Award.

A. BLOOD AND BLOOD COMPONENTS:

1. The contractor(s) shall furnish the following Food and Drug Administration (FDA) approved blood, blood components and services as described herein to the Martinsburg VAMC facility.

2. A projection of the estimated quantities of products and services required for the next five (5) years is listed below.

Martinsburg VAMC Estimated Volumes Estimated Quantity

PRODUCT FEES

Red Blood Cells(Human) Random Type, Leukodepleted 850

Platelet Pheresis, Leudodepleted 60 Cryoprecipitated AHF 10 Cryoprecipitated, Pooled (5 units /pool) 1

FP24 150

3. Emergency Delivery Fee: Contractor will provide pricing for such deliveries. Price submitted will locked for the period of that year award.

4. All laboratory tests will be performed by a laboratory accredited by America Association of Blood Banks (AABB) and licensed and/or registered by the Food and Drug Administration (FDA). This is an AABB standard; therefor proof of accreditation/ certification/license shall be submitted with quote.

B. LABORATORY SERVICES:

Martinsburg VAMC Estimated Volumes Estimated Quantity

IRL TESTING FEES-PRODUCT RELATED

Red cell antigen Neg 1 Ag. Per unit 20 Red cell antigen Neg 2 Ag. Per unit 10 Red cell antigen Neg 3 Ag. Per unit 3 Red cell antigen Neg 4 Ag. Per unit 2 Red cell antigen Neg 5 Ag. Per unit 1 Antigen type per antigen 20 IRL TESTING FEES- Sample Related ABO Type 2 Rh Type 2 Rh Phenotype complete 5 RBC Ag, other than ABO or D each 15 DAT, Each antisera 9 Elution, each 3 Antibody Screen, each media 10 Ab ID/each panel & media 10 Pre-treatment with enzymes, per cell 3 Pre-treatment chem./drugs 10

Adsorption 2 Titer, Indirect 2 Washing an SDP product 2 Irradiation of an SPD product 2

II. SPECIFICATION/STATEMENT OF WORK

A. The contractor shall have all licenses, permits, accreditation and certificates required by local, state and federal laws to include requirements, regulations, recommendations, standards, specifications, guidelines, and directives of the Food & Drug Administration, the U.S. Public Health Service, American Association of Blood Banks, and Joint Commission on Accreditation of Healthcare Organizations. In the event of any conflict between the Regulations, U.S. law shall be given priority.

B. All containers and solutions used for the collection, preservation, and storage of blood samples shall meet applicable FDA regulations. Contractor shall submit proof that they hold an un-revoked US Biologics License which is issued by the Department of Health and Human Services Food and Drug Administration as a source/manufacturer of whole blood. This is an AABB standard therefore proof shall be submitted with offer.

C. All laboratory tests shall be performed by a laboratory accredited by American

Association of Blood Banks (AABB) and licensed and/or registered by the Food and Drug Administration (FDA). Proof of accreditation/certification/license shall be submitted with offer.

D. The contractor shall ensure that all contracted personnel (Medical Technologists, Medical Laboratory Technicians, and Couriers) have appropriate certification/licenses and annual HIPAA compliant training required by the state or the accreditation agencies of the contractor (such as current and valid licenses and/or certifications).

E. All blood and blood components (frozen, room temperature and refrigerated) shall be collected from volunteer donors and shall be processed, stored and transported according to FDA and AABB regulations. Blood and blood components shall be collected in a closed system under aseptic conditions. It shall be processed in appropriate solutions. The container shall be labeled in accordance to regulations. Additionally, all blood shall be free of gross hemolysis, lipemia and/or clots.

F. Components and all reagents used for required tests on blood samples shall meet applicable FDA and AABB regulations. Donor blood shall be tested at a minimum for ABO, Rh, tests for unexpected antibodies, HbsAg, Anti- HBc, Anti- HCV, Anti-HIV-1, Anti-HIV-2, HIV-1 Ag, Anti-HTLV-1 and HTLV-2, WNV RNA and Chagas’ disease, and a serologic test for syphilis in accordance with AABB standards. Additional testing and/or follow-up testing may be implemented as the need arises or as required by the FDA and/or per AABB standards. The above tests, to prevent disease transmission, shall be negative except for Autologous blood.

G. The contractor will provide the requirements, special collection forms and the collection of Autologous and directed donor units at their collection centers for the proposed facility.

H. Immediately after collection, the blood shall be refrigerated between 1 and 6 degrees Celsius with fluctuation of no more than 2 degrees Celsius within this range. Freezing shall be avoided at all times. If public transportation of the blood is necessary, it shall be transported in clean shipping containers provided with refrigeration sufficient to hold the blood at 1-10 degrees Celsius if it has been pre-cooled. If the blood has not been cooled, the shipping containers shall provide sufficient refrigeration to bring the temperature toward the 1-10 degrees Celsius, preferable 1-6 degrees Celsius while in transit.

I. Contractor will comply with the following: Contractor will maintain blood donor listings including names, addresses, Social Security numbers of the donors, and the date the donor blood or blood component was furnished to the facility. The Government understands and agrees that blood donor lists are confidential, and the contractor will not release such lists to the Government.

J. The contractor will test for bacterial contamination in platelets and provide twenty-four (24) hour, seven (7) days per week automatic notifications to the facility via phone. Contractor will state current method of testing for bacterial contamination. Additionally, the method for platelet procurement must result in less than 2 mL’s of donor red cells in the platelet product.

K. The contractor will provide toll free telephone numbers for contacting the local facility and/or satellite facilities, reference laboratory and the distribution/hospital services for dayshift and after-hours coverage. The contractor shall be responsible for ensuring these numbers are keep current and up to date at all times.

L. The contractor will guarantee to provide blood and services within the following timeframes following the receipt of a fax, electronic, or telephone request:

Product and/or Service Timeframe

Single Donor Platelet Units (Stat) 1 hour STAT orders 1 hour Irradiated units* 8 hours Antigen Negative Units* 8 hours Fresh Frozen Plasma 8 hours

Stat Serological Problem Cases 12 hours All Other Serological Problem Cases** 24 hours

*With the exception of rare units. Communication from vendor is required indicating expected time frame of arrival due to rare source of antigen unit.

**Preliminary case resolution shall be communicated within 12 hours. Final resolution of each serological case is dependent on the case complexity.

M. The contractor will supply the VA with assurance of the following:

a. Traceability of all products from collection to delivery

b. Quality Control (QC) procedures and the contractor shall make QC data available for review.

c. Quality management systems are in place.

d. Current Good Manufacturing Practices are followed.

N. The units of Red Blood Cells delivered to Martinsburg VAMC will have a preferred dating period of four (4) weeks or more from the date of delivery. The delivery of short dated units (units with less than 12 days left before expiration) shall require a written and/or verbal communication to an authorized individual at the facility.

O. The contractor will be responsible for transporting and storing blood components (frozen, room temperature, and refrigerated) and specimens is such a manner as to insure the integrity of the specimen and comply with accreditation standards and requirements as defined by the FDA and American Association of Blood Banks (AABB).

P. The contractor will provide evidence of their verification of the Temperature

Monitoring process used for the storage and transportation of products. The contractor shall state the frequency of the temperature validation for the transportation of products, type of coolant material used (i.e. wet ice), and how many pounds of coolant material is required per unit of product.

Q. The facility will promptly inspect the blood product upon receipt and report any actual or suspected damage, irregularity, testing or labeling error. The facility will also promptly report blood lost due to shipping error. The facility will keep complete and accurate records, as required by the law, of patients supplied with blood (product names, lot identifications and quantities), any therapeutic adverse effects and complaints and other blood-related information.

R. Upon discovery, the facility will report possible transfusion-transmitted infections or other serious complications associated with transfusion which may have resulted from blood (“Adverse Event”). The facility will cooperate with the Contractor’s investigation of any Adverse Event and supply information concerning the recipient of the blood to the Contractor, on forms provided by the Contractor.

S. Contractor will issue credit for all products Transferred/Returned per the following return policy/procedures:

(1) A return credit of 100% of the rate charged/billed per item will be allowed for any product transferred/returned.

(2) Any product that arrives at the facility in a broken container (not intact) shall be returned for 100% credit. This is to include any frozen product where the broken and/or cracked unit is not discovered until it is thawed.

(3) Any red blood cells and whole blood (except any patient-selected donations and any autologous blood) may be returned for credit if outdated or not needed. Full credit if received with a full 7 days of expiration for red blood cells.

(4) Any product that arrives outside of acceptable regulated/accredited temperature ranges shall be returned for credit.

(5) Single donor platelets having twenty-four (24) hours or more remaining before being outdated may be returned for full credit.

(6) Autologous unit credit shall be given in the situation where a patient is a no-show or the surgery is cancelled and not rescheduled before expiration of the blood.

T. The contractor will have the following licenses and or registrations and shall make them available for review by the VA with the proposal:

(1) The Contractor will maintain an unrevoked U.S. License which is issued by the Director, Bureau of Biologics, FDA under Section 351 of the Public Health Service Act, as amended , 42 USC Section 262, as a source of supply for whole blood.

(2) If the Contractor is involved in interstate shipment of blood or blood component is involved, the Contractor must maintain approval authorized under Section 251 of the Public Health Service Act, as amended, 42 USC Section 262.

(3) The Contractor’s blood bank must maintain registration and/or licensing with the Food and Drug Administration (FDA), Department of Health and Human Services pursuant to Section 510 of the Federal Food, Drug and Cosmetic Act, as amended, 21 USC Section 260 at all times during the contract period.

(4) Certificate of Accreditation under the Clinical Laboratory Improvement Act of 1988 or current certification by the College of American Pathologists.

U. The Contractor will deliver the components under storage conditions as required by FDA and AABB regulations and standards.

V. Blood components will be labeled as to the A, B, O and Rh type.

III. CONTRACTOR REQUIREMENTS

A. The contractor(s) will provide all necessary labor, materials, supervision, and transportation vehicles required to perform and/or provide the services herein.

If the contractor utilizes other transportation sources, the contractor will bear all costs associated for transportation.

B. The contractor must currently be registered and/or licensed with the Food and

Drug Administration (FDA), Department of health and Human services pursuant to Section 510 of the Federal Food, Drug and Cosmetic Act, as amended, 21 USC Section 260.

C. The Contractor must submit proof that he holds an unrevoked U.S. License which is issued by the Director of Biologics, Food and Drug Administration (FDA) under Section 351 of the Public Health Service Act, as amended, 42 USC Section 262, as a source of supply for whole blood.

D. Contractor will submit with the offer a statement of approval regarding interstate shipment of human blood components. The shipment of human blood components must comply with the following regulations:

1. Section 251 of the Public Health Service Act, as amended, 42 USC Section 262. A. Code of Federal Regulations (21) Section 606.120 and

606.121 Subpart G

2. Code of Federal Regulations (21) Section 606.165 Subpart I

3. Code of Federal Regulations (2 l) Section 210 and 211

4. The American Association of Blood Banks 17th Standards for Blood

Bank and Transfusion services: Standard Number G l .000 and 02.000.

E. The contractor will be responsible for ensuring that all transport personnel are trained and follow the storage requirements for blood products and that their competency is regularly assessed in “Universal Precautions” for the handling and transportation of blood borne pathogens. This should include issues such as adherence to regulations for transport of biohazards, use of rigid containers where appropriate, temperature control, notification procedures in case of accident or spills, etc.

The contractor shall submit evidence of their training and annual competency programs within 10 days after award and each renewal year. During the term of this contract, this program may need to be updated and/or revised to comply with regulatory requirements. This documentation should be made available to the Martinsburg VAMC upon request.

F. When contractor personnel enter upon government grounds, they shall adhere to the following policies:

A. All contractor personnel must have ID badges from the contractor worn at all times and displayed above the waist when entering Martinsburg VA Medical Center.

B. It is the responsibility of contractor personnel to park only in designated parking areas. Parking information is available from the VA Police Service. The VA will not invalidate or make reimbursement for parking violations of the contractor’s personnel under any circumstances.

C. Smoking is not permitted within or around the VA Healthcare System facilities, except in designated areas.

G. Contractor will provide human blood components only from “volunteer donors” in accordance with the latest FDA regulations. A “volunteer donor” is a person who does not receive monetary payment for blood donations. Donor selections shall be in accordance with criteria established by the FDA and/or

AABB.

H. Contractor will protect and Veterans’ personal and medical information provided by the VAMC to the contractor to provide blood products or IRL services. Certification and Accreditation requirements do not apply, and a Security Accreditation Package is not required.

I. The contractor and their personnel will be subject to the same Federal laws, regulations, standards and VA policies as VA personnel, regarding information and information system security. These include but are not limited to Federal Information Security Management Act (FISMA), Appendix III of OMB Circular A-130, and guidance and standards, available from the Department of Commerce’s National Institute of Standards and Technology (NIST). This also includes the use of common security configurations available from NIST’s Web site at:

http://checklists.nist.gov

J. To ensure that appropriate security controls are in place, Contractors must follow the procedures set forth in “VA Information and Information System Security/Privacy Requirements for IT Contracts” located at the following Web site:

http://www.iprm.oit.va.gov

K. The contractor will conduct marketing practices in compliance with applicable laws.

L. Any proposed subcontractor changes from what is proposed under this contract must have prior approval by the Contracting Officer.

IV. INSPECTION AND ACCEPTANCE

A. The VA reserves the right to inspect the contractor’s facilities at any time. The Contracting Officer Representative (COR) shall make inspection of blood products. The COTR has the authority to inspect quality, quantity and verify adherence by the contractor to the technical and delivery requirements of the contract.

B. The COR will be identified upon contract award. The Contracting Officer’s

Representative (COR) and/or his/her delegate are the VA personnel authorized to request services and supplies under this contract.

V. DELIVERIES OR PERFORMANCE

A. All deliveries will be FOB destination within the VA’s premises. Contractor agrees to deliver supplies and/or services as requested by the VA on 24-hour, 7-day week availability regardless of Federal Holidays. Deliveries designated as routine shall not carry any additional charges. Additional charges may be applied for after-hour services.

B. Routine orders for inventory replenishment of blood products will be delivered by courier to the VA Medical Center 7 shipments per week. Requests for urgent or emergency delivery will be made by contractor and must be available to receive emergency and/or non-routine orders for blood and blood products 24 hours per day, seven days per week.

C. Transportation costs for Stat and emergency: Contractor will provide pricing for such deliveries. Price submitted will locked for the period of that year award.

D. The contractor will be responsible for rotating the product. There will be no charge to the facility for product wastage.

E. Deliveries shall be made to Veterans Affairs Medical Center Blood Bank, Building 500, 510 Butler Avenue, Martinsburg, WV 25405.

F. Items requiring lab services shall be picked up by the courier delivering blood to the VA Medical Center unless otherwise arranged with contractor.

VI. PAYMENT

A. The contractor will supply accurate and timely invoices for billing reconciliation within 2-3 business days. The contractor shall state if the products are discounted up front and/or if there is a discount for quick pay.

B. Payment will be made monthly in arrears upon receipt and certification of a proper invoice at the designated invoice office. A proper invoice shall list the total quantities of each product or service provided during a particular month, including date and quantity.

C. Original invoices from the contractor shall be mailed to the following payment address:

Department of Veterans Affairs Financial Service Center PO Box 149971 Austin, TX 78714 – 9971

VII. REPORTS

A. By the 10th of each month, the Contractor shall provide the contracting officer representative (COR) totals of items and services used, during the preceding calendar month, using the item numbers and descriptions exactly as they are listed in the contract.

B. Within 30 days and after the end of the contract period, the contractor shall provide the contracting officer representative (COR) totals of products and services purchased in the same format as the monthly report.

C. The annual report shall also show total costs for each item and total cost for the year.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVI

CES

QUANTI

TY

UNI

T UNIT PRICE AMOUNT

12.00 MO _______________

Blood products and blood.

CONTRACT TYPE: Firm-fixed price Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 621991 - Blood and Organ Banks PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

Blood products and blood.

CONTRACT TYPE: Firm-fixed price Contract Period: Option 1 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 621991 - Blood and Organ Banks

Blood products and blood.

CONTRACT TYPE: Firm-fixed price Contract Period: Option 2 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 621991 - Blood and Organ Banks

Blood products and blood.

CONTRACT TYPE: Firm-fixed price Contract Period: Option 3 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 621991 - Blood and Organ Banks

Blood products and blood.

CONTRACT TYPE: Firm-fixed price Contract Period: Option 4 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 621991 - Blood and Organ Banks

GRAND TOTAL _______________

B.4 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY

DELIVERY

DATE

0001 SHIP TO: Department of Veteran Affairs Martinsburg VA Medical Center Blood Bank 510 Butler Avenue Martinsburg, WV 25405

USA

12.00 Per schedule in

contract

MARK

FOR:

Donna Vanorsdale 304-263-0811 x3447/3452 Donna.Vanorsdale@va.gov

0002 SHIP TO: Department of Veteran Affairs Martinsburg VA Medical Center Blood Bank 510 Butler Avenue

MARK

FOR:

Donna Vanorsdale

0003 SHIP TO: Department of Veteran Affairs

Blood Bank 510 Butler Avenue

MARK

FOR:

Donna Vanorsdale

0004 SHIP TO: Department of Veteran Affairs

Blood Bank 510 Butler Avenue

MARK

FOR:

Donna Vanorsdale

0005 SHIP TO: Department of Veteran Affairs

Blood Bank

510 Butler Avenue

MARK

FOR:

Donna Vanorsdale

SECTION C - CONTRACT CLAUSES

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

ITEMS (OCT 2018)

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

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

and

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

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

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

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

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

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

(A) The date fixed under this contract.

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

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

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

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

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

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

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

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

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

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

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

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

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

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

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

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

(End of Clause)

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

ITEMS

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:

(End of Addendum to 52.212-4)

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS

(JUN 2020)

(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 items:

(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 (Jul 2018) (Section 1634 of Pub. L.

115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (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 items:

[X] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C.

3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved]

[] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

[X] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

[] (10) [Reserved]

[] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-3.

[X] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-4.

[] (13) [Reserved]

[] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020).

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[X] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219–9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (JUN 2020) of 52.219–9.

[] (v) Alternate IV (JUN 2020) of 52.219–9.

[] (18) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

[X] (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (MAR 2020) (15 U.S.C 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219-28.

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C.

637(m)).

[] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)).

[] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[] (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17))

[] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[X] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

[X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (30)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (ii) Alternate I (FEB 1999) of 52.222-26.

[X] (31)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[] (ii) Alternate I (JULY 2014) of 52.222-35.

[X] (32)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.

793).

[] (ii) Alternate I (JULY 2014) of 52.222-36.

[X] (33) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[X] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010) (E.O. 13496).

[X] (35)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[] (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[]…