6550--VISN Cepheid GeneXpert Testing Supplies Base Plus 3 Op Yr RFQ

Description

PAGE 1 OF 1. REQUISITION NO. 2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL TIME 9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR: SMALL BUSINESS HUBZONE SMALL BUSINESS SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED SMALL BUSINESS PROGRAM EDWOSB 8(A) NAICS: SIZE STANDARD: 11. DELIVERY FOR FOB DESTINA- TION UNLESS BLOCK IS MARKED SEE SCHEDULE 12. DISCOUNT TERMS 13a. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700) 13b. RATING 14. METHOD OF SOLICITATION RFQ IFB RFP 15. DELIVER TO CODE 16. ADMINISTERED BY CODE 17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE TELEPHONE NO. UEI: EFT: PHONE: FAX: 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED SEE ADDENDUM 19. 20. 21. 22. 23. 24. ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT (Use Reverse and/or Attach Additional Sheets as Necessary) 25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED. 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS: 30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021) PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212 7. FOR SOLICITATION INFORMATION CALL: STANDARD FORM 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 25 36C24527Q0042 10-22-2026 Michael Jones 202-461-9947 11-05-2026 10:00 AM EST Department of Veterans Affairs VA Medical Center (688) 50 Irving Street NW Washington DC 20422 X 325413 1250 Employees N/A X Department of Veterans Affairs VA North Atlantic Health Network HSA 1.3 Various locations 19ACQ Department of Veterans Affairs VA Medical Center (688) 50 Irving Street NW Washington DC 20422 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 GeneXpert testing supplies for the VA North Atlantic Health Network Medical Centers Base Plus 3 option years See page 4 for detailed information. Responses are due 11-05-26 by 10:00 AM EST Questions are due 10-29-26 by 10:00 AM EST Email responses and questions to michael.jones16@va.gov See CONTINUATION Page X X Rebecca Gobble Contracting Officer 36C24527Q0042 Page 1 of Page 2 of 29 Page 1 of Table of Contents SECTION A 1 A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES 1 SECTION B - CONTINUATION OF SF 1449 BLOCKS 3 B.1 CONTRACT ADMINISTRATION DATA 3 B.2 PRICE/COST SCHEDULE 6 ITEM INFORMATION 6 B.3 DELIVERY SCHEDULE 7 SECTION C - CONTRACT CLAUSES 8 C.1 52.212-4 CONTRACT TERMS AND CONDITIONS COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION) 8 C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 12 C.3 52.216-18 ORDERING (AUG 2020) 13 C.4 52.216-19 ORDER LIMITATIONS (OCT 1995) 13 C.5 52.216-22 INDEFINITE QUANTITY (NOV 2025) (DEVIATION) 14 C.6 52.217-7 OPTION FOR INCREASED QUANTITY SEPARATELY PRICED LINE ITEM (MAR 1989) 14 C.7 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) 14 C.8 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (NOV 2025) (DEVIATION) 14 C.9 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS (DEVIATION APR 2026) 15 C.10 52.223-23 SUSTAINABLE PRODUCTS (NOV 2025) (DEVIATION) 16 C.11 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984) 17 C.12 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018) 17 C.13 VAAR 852.247-72 MARKING DELIVERABLES (OCT 2018) 18 C.14 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018) 18 C.15 MANDATORY WRITTEN DISCLOSURES 18 SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS 19 SECTION E - SOLICITATION PROVISIONS 20 E.1 52.212-1 INSTRUCTIONS TO OFFERORS COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION) 20 E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) 21 E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) 21 E.4 52.212-2 EVALUATION COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION) 23 E.5 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION) 23 E.6 52.225-6 TRADE AGREEMENTS CERTIFICATE (FEB 2021) 23 E.7 52.233-2 SERVICE OF PROTEST (SEP 2006) 24 36C24527Q0042 Page 1 of Page 4 of 29 Page 1 of 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: Department of Veterans Affairs Michael Jones, Contract Specialist 810 Vermont Ave NW Washington DC 20420 202-461-9947 Michael.Jones16@va.gov 2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with: [X] 52.232-33, Payment by Electronic Funds Transfer System For Award Management, or [] 52.232-36, Payment by Third Party 3. INVOICES: Invoices shall be submitted in arrears: a. Quarterly [] b. Semi-Annually [] c. Other [X] Upon Receipt of items 4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests. ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows: AMENDMENT NO DATE 36C24527R0002 Page 1 of Page 1 of Page 7 of 29 Page 1 of Page 1 of HSA 1.3 Path & Lab Service Line GeneXpert Polymerase Chain Reaction (PCR) Testing Supplies Background: VA North Atlantic Health Network (HSA 1.3) Pathology and Laboratory Medicine Service (P&LMS) is requesting a new requirement to procure consumable test kits for use on the Cepheid GeneXpert system. All sites have this instrument, and testing supplies are needed for these systems. Scope: The GeneXpert performs testing by utilizing the Polymerase Chain Reaction (PCR) method. This is a random-access analyzer that has capacity to perform 48 assays at any given time. It is a closed, self-contained, fully integrated and automated platform capable of producing accurate results in a timely manner with minimal risk of contamination. Items should be brand name or equal. The PCR testing methodology is confirmatory test detection of Coronavirus (CoV-2), Influenza (Flu), Respiratory Syncytial (RSV), Streptococcus A (Strep A), Staphylococcus aureus (SA), Methicillin-resistant Staphylococcus aureus (MRSA), Norovirus, Clostridioides difficile (C. diff), Carbapenemase (Carba), Multiplex Vaginal Panel (MVP), Chlamydia trachomatis (CT), and Neisseria gonorrhoeae (NG), Trichomoniasis (TV), Hepatitis (HCV), Mycobacterium Tuberculosis (MTB), and Rifampicin (RIF). Test Kits required: GeneXpert consumables: GXCARBAR-10 GXCDIFF/EPI-10 GXCT/NG-10 GXMRSA-NXG-10 XPRSTREPA-10 GXHCV-10 GXMRSA/SA-BC-10 GXMRSA/SA-SSTI-10 GXMTB/RIF-US-10 GXNOV-10 GXSACOMP-10 GXTV-10 XPRS-COV2-10 XPRS4PLEX-10 XPRSMVP-10 GXMPX-10 The Vendor shall provide, in accordance with all applicable federal, state, and local regulations, laws, and ordinances, and in accordance with the specifications outlined for accreditation certification if applicable, reagents/supplies/consumables/service negotiated on contract to enable HSA 1.3 laboratories to accurately and efficiently process microbiology identification of patient samples using the GeneXpert PCR analyzers for a list of bacteria and viruses as required by sample submitted. The Vendor shall provide the ability to ship reagents on a set delivery schedule or on an As Needed basis to HSA 1.3 laboratories. The reagents should have the furthest expiration date possible, contractor will guarantee four months, and the VA can request the longest outdate available upon order. One lot number of products is requested per shipment. The Vendor shall provide the facilities with the most current Food and Drug Administration (FDA) approved reagents/supplies/consumables necessary for the microbiology testing of patient samples for the identification of bacteria and viruses. The reagents, validator, calibrators, supplies/consumables kits and service must be compatible with the GeneXpert analyzers. The Vendor must acknowledge receipt of order within 24 hours and provided estimated shipping timeframe. The Vendor must be able to provide an emergency plan in case reagents are found to be defective and unsuitable for use at no additional cost. In the event that the any consumable, reagent, or other necessary item are found to be defective and unsuitable for use with the vendor's equipment, or they have failed to comply with the requirements for routine supply delivery, the vendor shall deliver the consumable supplies within a period of 24 hours after receipt of the verbal order for priority delivery from the facility. If either circumstance has occurred, the vendor shall deliver to the facility, in the most expeditious manner possible, without additional cost to the facility, the necessary consumables in sufficient quantity as required to allow operations of the Microbiology Laboratory equipment for one week (under normal Government test load volume) so testing is not delayed. If additional requests for emergency supply delivery is required by the Government, they shall be honored by the Contractor until the arrival at the laboratory of the monthly standing order/routine supplies delivery. The vendor shall reimburse the facility for the total reference laboratory costs/supplies related to tests sent to a referral laboratory when testing is not available through no fault of the facility due to reagent problems or any other product issues. The damage assessed shall be applied to the invoice in the form of a credit or deduction. The kits must be maintained and delivered following all Federal and State regulations as applicable. Performance Period: Base plus three (3) Option years. Base year Date of Award October 31, 2027 Option Year 1 November 1, 2027 October 31, 2028 Option Year 2 November 1, 2028 October 31, 2029 Option Year 3 November 1, 2029 October 31, 2030 Type of Contract: This is a firm fixed price, Indefinite Delivery/Indefinite Quantity (IDIQ) for all reagents, verification kits, Quality control material (excluding third party supplies), and consumables/accessories and shall be delivered to the ordering facility. HSA 1.3 sites may order from this agreement to include the following: VA Maryland Healthcare System 10 N Greene St Baltimore, MD 21201 Beckley VA Medical Center 200 Veterans Ave Beckley WV 25801-6444 Louis A. Johnson VA Medical Center 1 Medical Center Drive Clarksburg WV 26301 Hershel "Woody" Williams VA Medical Center 1540 Spring Valley Drive Huntington WV 25704 Martinsburg VA Medical Center 510 Butler Avenue Martinsburg WV 25405 Washington DC VA Medical Center 50 Irving Street, NW Washington DC 20422 See attached document: Attachment A LineItems. B.2 PRICE/COST SCHEDULE ITEM INFORMATION ITEM NUMBER DESCRIPTION OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0001 0.00 __________________ __________________ Genexpert Testing Supplies See attachment A for list of items Contract Period: Base POP Begin: Date of Award POP End: 10-31-2027 0002 0.00 __________________ __________________ Genexpert Testing Supplies See attachment A for list of items Contract Period: Option 1 POP Begin: 11-01-2027 POP End: 10-31-2028 0003 0.00 __________________ __________________ Genexpert Testing Supplies See attachment A for list of items Contract Period: Option 2 POP Begin: 11-01-2028 POP End: 10-31-2029 0004 0.00 __________________ __________________ Genexpert Testing Supplies See attachment A for list of items Contract Period: Option 3 POP Begin: 11-01-2029 POP End: 10-31-2030 GRAND TOTAL __________________ B.3 DELIVERY SCHEDULE ITEM NUMBER SHIPPING INFORMATION QUANTITY DELIVERY DATE 0001 Multiple locations 0.00 Date of Award to 10-31-27 0002 Multiple locations 0.00 11-01-27 to 10-31-28 0003 Multiple locations 0.00 11-01-28 to 10-31-29 0004 Multiple locations 0.00 11-01-29 to 10-31-30 36C24527Q0042 Page 1 of Page 21 of 29 Page 1 of SECTION C - CONTRACT CLAUSES C.1 52.212-4 CONTRACT TERMS AND CONDITIONS COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION) (a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference. (b) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights (1) Within a reasonable time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. (d) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. (e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. (f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall (1) Notify the Contracting Officer in writing as soon as possible; (2) Remedy the delay as quickly as possible; and (3) Notify the Contracting Officer when the occurrence is over. (g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b). (h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. (i) Payment (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. (2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315. (3) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made. (4) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall (i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the (A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); (B) Affected contract number and delivery order number, if applicable; (C) Affected line item or subline item, if applicable; (D) Contractor point of contact; and (ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer. (5) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid. (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if (A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days; (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32). (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. (v) Amounts shall be due at the earliest of the following dates: (A) The date fixed under this contract. (B) The date of the first written demand for payment, including any demand for payment resulting from a termination for cause. (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on- (A) The date on which the designated office receives payment from the Contractor; (B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. (vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract. (j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. (k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. (l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. (o) Warranty. The Contractor warrants and implies that the items delivered under this contract are merchantable and fit for use for the particular purpose described in this contract. (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. (q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity. (r) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) The schedule of supplies/services. (2) The Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause; (3) Other contract clauses incorporated in the solicitation or contract; (4) Addenda to this solicitation or contract, (5) Solicitation provisions incorporated in the solicitation. (6) Other paragraphs of this clause. (7) Other documents, exhibits, and attachments; and (8) The specification. (s) Unauthorized obligations. (1) Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern: (i) Any such clause is unenforceable against the Government. (ii) Neither the Government nor any Government-authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an I agree click box or other comparable mechanism (e.g., click-wrap or browse-wrap agreements), execution does not bind the Government or any Government authorized end user to such clause. (iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement. (2) Paragraph (s)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures. (t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor s directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This clause does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (u) Incorporation by reference. The Contractor s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract. (End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The following clauses are incorporated into 52.212-4 as an addendum to this contract: C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/ (End of Clause) FAR Number Title Date 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT ALTERNATE I (NOV 2021) JUN 2020 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT NOV 2021 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS NOV 2023 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS JAN 2017 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (DEVIATION) NOV 2025 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, PROPOSED FOR DEBARMENT, OR VOLUNTARILY EXCLUDED JAN 2025 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS OCT 2018 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS NOV 2015 52.217-6 OPTION FOR INCREASED QUANTITY MAR 1989 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (DEVIATION) NOV 2025 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (DEVIATION) NOV 2025 52.222-3 CONVICT LABOR (DEVIATION) NOV 2025 52.222-19 CHILD LABOR COOPERATION WITH AUTHORITIES AND REMEDIES (DEVIATION) MAR 2026 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (DEVIATION) NOV 2025 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (DEVIATION) NOV 2025 52.222-37 EMPLOYMENT REPORTS ON VETERANS (DEVIATION) NOV 2025 52.222-50 COMBATING TRAFFICKING IN PERSONS (DEVIATION) NOV 2025 52.225-5 TRADE AGREEMENTS NOV 2023 52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING MAY 2024 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (DEVIATION) SEP 2025 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER SYSTEM FOR AWARD MANAGEMENT OCT 2018 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS MAR 2023 52.233-3 PROTEST AFTER AWARD AUG 1996 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM OCT 2004 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE DEC 2022 852.203-70 COMMERCIAL ADVERTISING MAY 2018 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS FEB 2023 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (DEVIATION) JAN 2023 852.215-71 EVALUATION FACTOR COMMITMENTS OCT 2019 852.222-71 COMPLIANCE WITH EXECUTIVE ORDER 13899 (DEVIATION) (APR 2025) APR 2025 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS NOV 2018 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER OCT 2020 852.246-71 REJECTED GOODS OCT 2018 C.3 52.216-18 ORDERING (AUG 2020) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from Date of Award through 10/31/2027. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) A delivery order or task order is considered "issued" when (1) If sent by mail (includes transmittal by U.S. mail or private delive...

Key facts

Reference

36C24527Q0042

Procedure

Combined Synopsis/Solicitation

Contact

Michael Jones

michael.jones16@va.gov

(202) 745-8000 Ext. 58768