Solicitation 36C25622Q0168.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 75

36C25622Q0168

11-30-2021

15:00 CST

00586 Department of Veterans Affairs G.V. (Sonny) Montgomery VAMC

1500 E. Woodrow Wilson Dr.

Jackson MS 39216

X 100

X

334516

1000 Employees

N/A

X

00586

Department of Veterans Affairs Central Arkansas Veterans Healthcare Sys 2200 Fort Roots Building 182 North Little Rock AR 72114

10N16

Department of Veterans Affairs G.V. (Sonny) Montgomery VAMC A&MM Service (90C) 715 South Pear Orchard Road Ridgeland MS 39157

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

1-877-489-6135

See CONTINUATION Page

See CONTINUATION Page

X X

Lakeisha White

Table of Contents

SECTION A ...................................................................................... Error! Bookmark not defined.

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

Bookmark not defined.

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

2018)

C.2 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.3 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.4 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND

COMPLIANCE (JUL 2018)

C.5 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.6 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021) (JUL 2020)

(DEVIATION)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (SEP 2021)44

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

E.3 52.216-1 TYPE OF CONTRACT (APR 1984)

E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.6 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (FEB 2021) (JUL 2020) (DEVIATION)

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 36C256

Department of Veterans Affairs

G.V. (Sonny) Montgomery VAMC

1500 E. Woodrow Wilson Dr.

Jackson MS 39216

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 []

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.

FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp

Invoice Setup Information 1-877-489-6135 invoice must be submitted electronically

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

AMENDMENT NO DATE

STATEMENT OF WORK

1.0 REQUIRED TESTS AND ESTIMATED ANNUAL REQUIRED VOLUMES

1.1 Test volume and test type chart (informational purposes only; please use this information to provide quotes for items outlined in the ‘schedule of items’).

Annual Test Volumes EIA Measles IgG 736 EIA Mumps IgG 738 EIA Rubella IgG 736 EIA VZV IgG 812 EIA Syphilis IgG 1984 MMR Panel, QUAL 1445

2.0 DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

2.1 SCOPE OF PROCUREMENT

Central Arkansas Veterans Healthcare System, Pathology and Laboratory Medicine Service (VISN 16) provides medical care services and diagnostic laboratory testing for the VISN 16 network. The performance of EIA Measles IgG, EIA Mumps IgG, EIA Rubella IgG, EAI Varicella-Zoster Virus (VZV), and EIA Syphilis IgG testing is an essential part of the work performed in this laboratory to aid in the diagnosis and to determine medical treatment for a variety of infectious diseases. The contractor shall provide one automated test system that has the capability of performing microplate enzyme immunoassays using antigen capture methods.

The equipment and test methodology must perform as described below and meet the performance characteristics for accuracy and precision as defined by the 1988 Clinical Laboratory Improvement Act (CLIA) and the Clinical and Laboratory Standards Institute (CLSI).

The test system must include the instrumentation/workstations (computers, monitors, etc.), as well as any software assay protocol files necessary to perform testing and produce test results. All necessary accessory equipment (wash bottles, waste containers, test racks, etc.) shall also be provided.

2.2 GENERAL REQUIREMENTS

2.2.1 Technical Features – The system shall meet the following specified standards:

2.2.1.1 A fully automated Microplate System with the ability to perform EIA Measles IgG, EIA Mumps IgG, EIA Rubella IgG, EAI Varicella-Zoster Virus (VZV), and EIA Syphilis IgG assays.

2.2.1.2 Have the onboard capacity of at least 100 samples.

2.2.1.3 An open system where different vendor kits can be used

2.2.1.4 At least a 2 to 4 plate capacity, with at least 2 plates that can run simultaneously

2.2.1.5 On board dilution

2.2.1.6 Accommodates original kit reagent bottles

2.2.1.7 On board incubation, washing and reagent dispensing

2.2.1.8 Automatic bar code scanning

2.2.2 Operational Features

2.2.2.1 The Microplate Processor should fully automate the

procedures of the EIA Measles IgG, EIA Mumps IgG, EIA Rubella IgG, EAI Varicella-Zoster Virus (VZV), and EIA Syphilis IgG assays to comply with all manufacturer requirements for performance to aid in the diagnosis/treatment of conditions associated with those antibodies.

2.2.2.2 The automated Microplate Processor system must have

the ability to interface with the Laboratory Information System so that ALL test results are transmitted to the main frame computer (VistA).

2.2.2.3 The system must be able to operate in the broadest range of environmental conditions with the minimum requirements as follows:

Temperature: functional between 18-24°C.

Relative humidity: functional at <70% RH, non-condensing.

2.2.2.4 Operator maintenance of the equipment must be minimal.

2.2.3 Hardware Features

2.2.3.1 The system, when installed in the listed VISN 16

laboratory, shall not impose any negative effects on the functionality/operations of the given laboratory and shall not require significant and/or costly infrastructure changes to the laboratories.

2.2.3.2 An uninterruptible power supply (UPS) must be provided for the system that is installed.

2.2.4 Support Features

2.2.4.1 Training shall be coordinated with and timely to the

equipment installation, be consistent with the size and scope of the facility’s services and be minimally equivalent to that offered in the commercial marketplace. Training shall include system operations, data manipulation and basic troubleshooting/repair. If training is to be conducted off-site, the cost shall be all-inclusive (e.g. air fare, auto rental/transportation, room and board, training materials, etc.) for each customer participating. The cost associated with the training opportunities shall be incurred by the Contractor.

2.2.4.2 The contractor shall provide with the delivery and/or installation of the equipment all applicable reference manuals customarily issued to other equivalent commercial customers for the successful operation and maintenance of the system.

2.2.4.3 The contractor shall perform/assist in the initial required validation of all assays at time of installation, as well as for any additional assays that may be installed/performed at a later date.

2.2.5 Supplies

2.2.5.1 The Contractor shall provide a detailed list of

consumable/disposable items, parts, accessories and any other item included on the list of supplies required to establish the instrument for operation. The detailed list must include pricing, an indication as to whether the product exists on a Federal Supply Schedule and an estimate of usage volumes based on the estimated volumes listed in Section 1.1 above.

2.2.6 Equipment Preventative Maintenance/Repair Service – The

Contractor shall be able to provide emergency equipment repair and preventative maintenance on all instrumentation and any incremental support equipment offered according to the terms below. There will be a service agreement over the period of the lease (Base plus 3 option years) where the cost of equipment repair service based on the terms outlined below will be at no charge to the Government.

2.2.6.1 A technical assistance center must be available by

telephone 24 hours per day with a maximum call back response time of two hours.

2.2.6.2 The capability to proactively and continuously assess the status of the system to avert any potential malfunction(s) must be available (remote diagnostics).

2.2.6.3 Equipment repair service must be available during regular business hours, Monday – Friday, 8:00AM - 4:30PM.

Certain circumstances may dictate the need for repair service to be conducted outside routine business hours.

Arrangements for repair service will be coordinated between the contractor and Government laboratory personnel.

2.2.6.4 Maintenance/service must be performed by an authorized representative of the instrument manufacturer who can provide documentation that they are trained and competent in carrying out the appropriate procedures for repair or service of the instrumentation, and who have access to the necessary parts required for repair or service.

2.2.6.5 Repair service response time will be no more than 24

hours.

2.2.6.6 The number of scheduled preventative maintenance calls per year must be in accordance with the manufacturer’s recommendations and no less than what is provided to other equivalent commercial customers.

2.2.6.7 A field service report shall be supplied to the COR at the completion of each preventative maintenance inspection.

2.2.6.8 A malfunction incident report shall be furnished to the respective Government Laboratory upon completion of each repair call. The report shall include, as a minimum, the following:

• Date and time notified

• Date and time of arrival

• Serial number, type and model number of equipment

• Time spent for repair, and

• Proof of repair that includes documentation of a sample run of quality control verifying acceptable performance.

2.2.6.9 Each notification for an emergency repair service call will be treated as a separate and new service call.

2.2.6.10 If the repair record of any individual piece of the

contractor’s equipment reflects a downtime of 5% or greater of the normal working days in one calendar month, the designated representative may make a determination to have the contractor replace the malfunctioning equipment with new equipment at no charge to the customer. The contractor is ultimately responsible for ensuring its equipment is furnished in good condition in accordance with manufacturer’s instructions. The customer is ultimately responsible for ensuring the manufacturer’s recommended daily, weekly, monthly and any periodic maintenance is performed appropriately.

2.2.7 Upgrades – The contractor shall provide upgrades to both the equipment hardware and software in order to maintain the integrity of the system and the state-of-the-art technology. These must be provided as they become commercially available and at the same time as they are being offered and/or provided to commercial customers. The price of the upgrade(s) must not exceed the amount that is offered to other commercial customers.

2.2.8 Ancillary Support Equipment – The Contractor shall provide, install and maintain, as indicated, any and all ancillary support equipment to fully operate the Microplate Enzyme Immunoassay Processor as defined in these specifications, e.g. tables or stands to support/house the analyzer (if necessary), computer systems/keyboards for data analysis/manipulation, etc. In addition, the vendor will include all ancillary components that are customarily sold or provided with the model of equipment proposed, e.g. starter kits, uninterruptable power supply (UPS), etc.

2.2.9 Computer Interfacing Requirements – A fully operational interface (both hardware and software) must be available to connect to the Microplate Enzyme Immunoassay testing platform.

2.2.10 Commercial Offerings – The Contractor shall provide the

Government laboratories any additional support material that is routinely provided to equivalent commercial customers and will assist in regulatory compliance, e.g. template for writing standard operating procedures (SOPs), electronic procedure manual, online procedure manual in the instrument software, training documents, competency sheets, and validation protocols.

2.2.11 Commercial Marketing – The equipment models being offered shall be in current production as of the date this offer is submitted.

For purposes of this solicitation, “current production” shall mean that the clinical laboratory analyzer model is being offered as new equipment. Discontinued models that are only being made available as remanufactured equipment are not acceptable.

2.2.12 Delivery of the system must occur no earlier than 90 days and no more than 150 days after contractor award.

2.2.13 Waste Characterization – The Contractor shall provide a description of the hazardous waste produced as a byproduct of the instrument operations and address the criteria listed in the Code of Federal regulations Title 40 “Protection of the Environment” Part 261 et al. The description shall address the following:

• Waste toxicity (Reference 40CFR261.11 and

40CFR261.24)

• Waste ignitability (Reference 40CFR261.21)

• Waste corrosivity (Reference 40CFR261.22)

• Waste reactivity (Reference 40CFR261.23)

• Hazardous waste from non-specific sources (F-listed) (Reference 40CFR261.31)

• Discarded commercial products (acutely toxic or P-listed and toxic or U-listed) (Reference

40CFR261.33)

2.3 PROPOSALS

2.3.1 It is the clear intent of the Government to award this

procurement to a single contractor for the Microplate Enzyme Immunoassay Processor system defined in this solicitation.

2.3.2 The Government will entertain recommendations only for new state-of-the-art equipment unless the installation of either remanufactured or refurbished equipment is deemed to be in the best interests of the Government.

2.3.3 Contractors shall provide a fully completed Price Schedule

(Section 2) listing all consumable supplies required to operate the equipment acquired and produce the testing defined in Section 1.1.

2.3.4 Contractors shall provide commercial literature and other information describing their compliance with the technical specifications. If the commercial literature does not directly address specific specifications identified in this solicitation, the Contractor is required to indicate compliance with those specifications in written format.

2.3.5 Contractors shall provide documentation and/or certification that the instrumentation offered will perform testing with a precision as defined by the 1988 Clinical Laboratory Improvement Act (CLIA) and the Clinical Laboratory Standards Institute (CLSI).

2.3.6 Contractors shall provide a description of all ancillary support equipment that is needed to operate the instrumentation as defined in these specifications and offered as a part of this agreement.

2.3.7 Contractors shall provide a summary of operator-performed and vendor-performed maintenance procedures including an estimate of time spent in the performance for each category of maintenance. The offeror must include the amount of time it takes to achieve full testing functionality from a cold startup (i.e. after maintenance is performed or after any instrument downtime).

2.3.7.1 Operator-performed - Offerors must summarize their

maintenance procedures and provide an estimate of time spent in performance for each category, e.g. daily, weekly, monthly, semi-annually, etc. The estimate of time spent on daily maintenance would take into consideration starting the equipment from a cold start-up.

2.3.7.2 Vendor-performed - Offerors must describe the

frequency of preventive maintenance and provide an estimate of the time required to perform the maintenance.

2.3.8 Contractors shall provide a copy of the General Supply

Schedule or Federal Supply Schedule contract for which the offer for equipment is based, if applicable. This copy shall become part of the contract file.

2.3.9 Contractors shall provide, if applicable, an estimate of the travel costs associated with training by category, i.e.

transportation, lodging, and meals. This information is necessary as an employee is required to stipulate this information when requesting authorization/approval to travel, even though the cost associated with training opportunities shall be incurred by the Contractor.

2.3.10 Contractors that offer multiple types of repair service packages that are different than the minimum requirements stated in the specifications are encouraged to offer for consideration after contract award.

2.4 EVALUATION OF OFFERS

2.4.1 Minimum Requirements – Each respondent for award shall

meet all the minimum specifications as outlined in General Requirements.

2.4.2 Evaluation Factors – The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers by a lowest priced, technically acceptable analysis:

2.4.2.1 Technical

2.4.2.1.1 Ability to interface with the government

information system VistA

2.4.2.1.2 Functionality at the broadest allowable

environmental conditions.

2.4.2.1.3 The system footprint and its impact on the

current laboratory layout.

2.4.2.1.4 The time from cold startup of the equipment

to full system functionality (i.e. when system is turned off, the time to come to a full functionality is minimal).

2.4.2.1.5 Technical Features as described in 3.4.1.

2.4.2.2 Price

2.4.3 Options – The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the options.

2.4.4 Required Information – For the VA to evaluate firms on these factors, firms must provide the technical information described in the section above that is entitled “Proposals”, in addition to their pricing information. Not providing this information may prevent full consideration of the quotation.

2.4.5 Questions – Questions may be submitted to

lakeisha.white@va.gov. All questions must be submitted by

11/19/2021 3PM CST.

2.4.6 Proposals Due – Packages must be submitted to

lakeisha.white@va.gov by 11/30/21 3PM CST

10. VISN-16 ELIGIBLE GOVERNMENT FACILITIES

Overton Brooks VAMC

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 EA __________________ __________________

EVOLIS MICROPLATE PROCESSOR (NEW)

LOCAL STOCK NUMBER: 89700J

EVOLIS DATA MGMT

LOCAL STOCK NUMBER: 90471A

25.00 PG __________________ __________________

EIA Measles IgG Kit 96-Test **

LOCAL STOCK NUMBER: 25181

20.00 PG __________________ __________________

EIA Mumps IgG Kit 96-Test ** GS-07F-5934R, Sin # 334516

LOCAL STOCK NUMBER: 25182

EIA VZV IgG Kit 96-Test GS-07F-5934R, Sin # 334516

LOCAL STOCK NUMBER: 25180

40.00 PG __________________ __________________

Syphilis IgG EIA 96 Tests GS-07F-5934R, Sin # 334516

LOCAL STOCK NUMBER: 25029

Microcide cleaning concentrate N/C N/C = NO CHARGE ITEM GS-

07F-5934R, Sin # 334516

LOCAL STOCK NUMBER: 25099

Vial microtube 2mL 500/bag

LOCAL STOCK NUMBER: 25221B

STOP SOLUTION LABELED SCYTEK GS-07F-5934R, Sin # 334516

LOCAL STOCK NUMBER: 220SM

Stop solution GS-07F-5934R, Sin # 334516

LOCAL STOCK NUMBER: 25260

2.00 KT __________________ __________________

EVOLIS Pipette Tips 960 tips

LOCAL STOCK NUMBER: 25098

21.00 KT __________________ __________________

EVOLIS Pipette Tips 960/kit GS-07F-5934R, Sin # 334516

LOCAL STOCK NUMBER: 25097

Tween 20 100mL GS-07F-5934R, Sin # 334516

LOCAL STOCK NUMBER: 25116

1.00 KT __________________ __________________

EVOLIS PERFORMANCE EVAL KT GS-07F-5934R, Sin # 334516

LOCAL STOCK NUMBER: 89897

Captia Wash/buffer 100ml

LOCAL STOCK NUMBER: 32584

1.00 PG __________________ __________________

PHD CLEAR RGT BTL 30ML. 24 PK

LOCAL STOCK NUMBER: 4260220

Bio-Rad Rubella IgG EIA 96 GS-07F-5934R, Sin # 334516

LOCAL STOCK NUMBER: 25173

2.00 EA __________________ __________________

Barcode Kit Bio-Rad Measles GS-07F-5934R, Sin # 334516

LOCAL STOCK NUMBER: 25201

Barcode Kit Bio-Rad Mumps GS-07F-5934R, Sin # 334516

LOCAL STOCK NUMBER: 25202

Barcode Kit Bio-Rad Rubella GS-07F-5934R, Sin # 334516

LOCAL STOCK NUMBER: 25193

Barcode Kit Bio-Rad VZV GS-07F-5934R, Sin # 334516

LOCAL STOCK NUMBER: 25200

CAPTIA SYPHILIS BARCODE KIT

LOCAL STOCK NUMBER: 31134

60.00 EA __________________ __________________

EVOLIS Null Strips

LOCAL STOCK NUMBER: 0900-05

Stop solution

SARSTEDT REAGENT V-VIAL, 500/PK

LOCAL STOCK NUMBER: 12013142

Contract Period: Option 1 POP Begin:

POP End:

Contract Period: Option 1 POP Begin:

Contract Period: Option 2 POP Begin:

Contract Period: Option 3 POP Begin:

Microcide cleaning concentrate N/C N/C = NO CHARGE ITEM GS-

GRAND TOTAL __________________

B.3 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY

DELIVERY

DATE

1.00

25.00

20.00

40.00

2.00

21.00

60.00

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:

52.223-99, Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors.

ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS

(OCT 2021) (DEVIATION)

(a) Definition. As used in this clause - United States or its outlying areas means— (1) The fifty States; (2) The District of Columbia; (3) The commonwealths of Puerto Rico and the Northern Mariana Islands; (4) The territories of American Samoa, Guam, and the United States Virgin Islands; and (5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.

(b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985).

(c) Compliance. The Contractor shall comply with all guidance, including guidance conveyed through Frequently Asked Questions, as amended during the performance of this contract, for contractor workplace locations published by the Safer Federal Workforce Task Force (Task Force Guidance) at https:/www.saferfederalworkforce.gov/contractors/.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts at any tier that exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award, and are for services, including construction, performed in whole or in part within the United States or its outlying areas

C.2 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.]

[] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[X] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[X] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[X] 852.233–70, Protest Content/Alternative Dispute Resolution.

[X] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[X] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[X] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause)

C.3 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—

MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes .

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause)

C.4 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING

AND COMPLIANCE (JUL 2018)

(a) This solicitation includes the clause: 852.215-70 Service-disabled veteran-owned and veteran-owned small business evaluation factors. Accordingly, any contract resulting from this solicitation will include the clause 852.215-71 Evaluation factor commitments.

(b) The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) to assist in assessing Contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the Contractor's business records or other proprietary data to review such business records regarding contract compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor compliance with the subcontracting commitments.

(End of Clause)

C.5 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

DEC 2013

852.212-71 GRAY MARKET ITEMS APR 2020

852.242-71 ADMINISTRATIVE CONTRACTING OFFICER OCT 2020

(End of Addendum to 52.212-4)

C.6 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS

(JAN 2021) (JUL 2020) (DEVIATION)

(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…