Opportunity
SAM #36C24527Q0042
VA procurement of Cepheid GeneXpert molecular diagnostic assay kits
Buyer
VA Network Contracting Office 5
Posted
October 22, 2026
Respond By
November 05, 2026
Identifier
36C24527Q0042
NAICS
423450, 325413
The Department of Veterans Affairs is seeking molecular diagnostic test kits for VA laboratories using Cepheid GeneXpert analyzers. - Government buyer - Department of Veterans Affairs, VA North Atlantic Health Network HSA 1.3, Pathology and Laboratory Medicine Service. - The attachment identifies the delivery destination as the VA Medical Center in Washington, DC. - OEM and products - Cepheid is the named GeneXpert system manufacturer; brand-name-or-equal kits may be offered if they meet the requirements. - The request covers 16 assay kits for carbapenem resistance, C. difficile, chlamydia/gonorrhea, MRSA, Group A strep, hepatitis C, tuberculosis/rifampicin, norovirus, Staphylococcus aureus, Trichomonas, COVID-19, respiratory pathogens, a vaginal panel, and mpox. - The attachment repeats the same schedule three times. Quantities below sum those repeated rows and should not be treated as confirmed full-term totals. - Notable requirements - Kits must be compatible with GeneXpert analyzers and FDA-approved; vendors must provide authorized-distributor traceability. - Products must have at least four months of guaranteed shelf life upon delivery. - The vendor must acknowledge orders within 24 hours and provide emergency replacement supplies within 24 hours at no additional cost. - Contract structure - Firm-fixed-price IDIQ arrangement with a base period and three one-year options, for approximately four years of potential performance.
Description
PAGE 1 OF 1 STANDARD FORM 1449 — SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
Solicitation and Contract Information 1. Requisition No. 2. Contract No. 3. Award/Effective Date 4. Order No. 5. Solicitation Number: 36C24527Q0042 6. Solicitation Issue Date: 10-22-2026 7. For Solicitation Information Call: Michael Jones; telephone: 202-461-9947 (No Collect Calls) 8. Offer Due Date/Local Time: 11-05-2026, 10:00 AM EST 9. Issued By: Department of Veterans Affairs, VA Medical Center (688), 50 Irving Street NW, Washington, DC 20422 10. This acquisition is unrestricted or set aside: options include Small Business, HUBZone Small Business, Service-Disabled Veteran-Owned Small Business, Women-Owned Small Business (WOSB) eligible under the WOSB Program, EDWOSB, and 8(a). NAICS: 325413. Size standard: 1,250 employees. 11. Delivery for FOB destination 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, or RFP 15. Deliver To: Department of Veterans Affairs, VA North Atlantic Health Network HSA 1.3, various locations 16. Administered By: Code 19ACQ; Department of Veterans Affairs, VA Medical Center (688), 50 Irving Street NW, Washington, DC 20422 17a. Contractor/Offeror: Code; Facility Code; UEI; EFT; Phone; Fax 17b. Check if remittance is different and put such address in offer. 18a. 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. 18b. Submit invoices to address shown in Block 18a unless block below is checked: See Addendum.
Schedule of Supplies/Services 19–24. Item No.; Schedule of Supplies/Services; Quantity; Unit; Unit Price; Amount. (Use reverse and/or attach additional sheets as necessary.) 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. 25. Accounting and Appropriation Data 26. Total Award Amount (For Government Use Only) 27a. Solicitation incorporates by reference FAR 52.212-1 and 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 copies to issuing office. Contractor agrees to furnish and deliver all items set forth or otherwise identified above and on any additional sheets, subject to the terms and conditions specified. 29. Award of Contract: Ref. offer dated _____. Your offer on Solicitation (Block 5), including any additions or changes set forth herein, is accepted as to items: _____. 30a. Signature of Offeror/Contractor; 30b. Name and Title of Signer (type or print); 30c. Date Signed 31a. United States of America (Signature of Contracting Officer); 31b. Name of Contracting Officer (type or print); 31c. Date Signed Contracting Officer: Rebecca Gobble Authorized for local reproduction (Rev. Nov 2021). Previous edition is not usable. Prescribed by GSA — FAR (48 CFR) 53.212.
Table of Contents Section A — SF 1449, Solicitation/Contract/Order for Commercial Products and Commercial Services — 1 A.1 SF 1449 — 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
SECTION B — CONTINUATION OF SF 1449 BLOCKS B.1 Contract Administration Data Contract Administration: All contract administration matters will be handled by the following individuals: Contractor: ________________________________ Government: Department of Veterans Affairs; Michael Jones, Contract Specialist; 810 Vermont Ave NW, Washington, DC 20420; 202-461-9947; Michael.Jones16@va.gov 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 [ ] 52.232-36, Payment by Third Party Invoices: Invoices shall be submitted in arrears: Quarterly [ ] Semi-Annually [ ] Other [X]: Upon receipt of items 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
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), Neisseria gonorrhoeae (NG), Trichomoniasis (TV), Hepatitis (HCV), Mycobacterium Tuberculosis (MTB), and Rifampicin (RIF).
Test Kits Required GeneXpert consumables: GXCARBAR-10GXCDIFF/EPI-10GXCT/NG-10GXMRSA-NXG-10 XPRSTREPA-10GXHCV-10GXMRSA/SA-BC-10GXMRSA/SA-SSTI-10 GXMTB/RIF-US-10GXNOV-10GXSACOMP-10GXTV-10 XPRS-COV2-10XPRS4PLEX-10XPRSMVP-10GXMPX-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 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 provide an 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. If any consumable, reagent, or other necessary item is found to be defective and unsuitable for use with the vendor's equipment, or fails to comply with the requirements for routine supply delivery, the vendor shall deliver the consumable supplies within 24 hours after receipt of the facility's verbal order for priority delivery. In either circumstance, the vendor shall deliver, in the most expeditious manner possible and without additional cost to the facility, the necessary consumables in sufficient quantity to allow operation of the Microbiology Laboratory equipment for one week (under normal Government test-load volume), so testing is not delayed. Additional emergency supply delivery requests by the Government shall be honored until the monthly standing order/routine supplies delivery arrives at the laboratory. The vendor shall reimburse the facility for total reference laboratory costs/supplies related to tests sent to a referral laboratory when testing is unavailable through no fault of the facility due to reagent problems or 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 applicable Federal and State regulations.
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) contract for all reagents, verification kits, quality control material (excluding third-party supplies), and consumables/accessories, to be delivered to the ordering facility. HSA 1.3 sites may order from this agreement, including 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 Columns: Item Number; Description of Supplies/Services; Quantity; Unit; Unit Price; Amount. 0001 — GeneXpert Testing Supplies: See Attachment A for list of items. Contract Period: Base. POP Begin: Date of Award. POP End: 10-31-2027. Quantity: 0.00. Unit Price/Amount: _______________. 0002 — GeneXpert Testing Supplies: See Attachment A for list of items. Contract Period: Option 1. POP Begin: 11-01-2027. POP End: 10-31-2028. Quantity: 0.00. Unit Price/Amount: ____________. 0003 — GeneXpert Testing Supplies: See Attachment A for list of items. Contract Period: Option 2. POP Begin: 11-01-2028. POP End: 10-31-2029. Quantity: 0.00. Unit Price/Amount: ____________. 0004 — GeneXpert Testing Supplies: See Attachment A for list of items. Contract Period: Option 3. POP Begin: 11-01-2029. POP End: 10-31-2030. Quantity: 0.00. Unit Price/Amount: ____________. Grand Total: _______________
B.3 Delivery Schedule Item 0001 — Shipping information: Multiple locations; quantity: 0.00; delivery date: Date of Award to 10-31-27. Item 0002 — Shipping information: Multiple locations; quantity: 0.00; delivery date: 11-01-27 to 10-31-28. Item 0003 — Shipping information: Multiple locations; quantity: 0.00; delivery date: 11-01-28 to 10-31-29. Item 0004 — Shipping information: Multiple locations; quantity: 0.00; delivery date: 11-01-29 to 10-31-30.
SECTION C — CONTRACT CLAUSES C.1 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (Oct 2025) (Deviation) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference. 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 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: Within a reasonable time after the defect was discovered or should have been discovered; andBefore any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. 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. Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties 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 FAR 52.233-1, Disputes, incorporated by reference. The Contractor shall proceed diligently with performance pending final resolution of any dispute arising under the contract. Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond its reasonable control and without its fault or negligence. Examples 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: Notify the Contracting Officer in writing as soon as possible;Remedy the delay as quickly as possible; andNotify the Contracting Officer when the occurrence is over. 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. An invoice must include the information required by 5 CFR part 1315.9(b). 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 performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. Payment. 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. 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. Discount. For any discount offered for early payment, time shall be computed from the date of the invoice. For computing the discount earned, payment is considered made on the date shown on the payment check or the specified payment date for an electronic funds transfer. Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment, or that the Government otherwise overpaid, the Contractor shall: Remit the overpayment to the payment office cited in the contract with a description of the overpayment, including: Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);Affected contract number and delivery order number, if applicable;Affected line item or subline item, if applicable; andContractor point of contact. Provide a copy of the remittance and supporting documentation to the Contracting Officer. Interest. Amounts 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 rate established by the Secretary of the Treasury under 41 U.S.C. 7109, applicable to the period in which the amount becomes due, as provided in paragraph (i)(6)(v), and thereafter at the rate applicable for each six-month period until paid. The Government may issue a demand for payment upon finding a debt is due under the contract. The Contracting Officer will issue a final decision as required by FAR part 33 if: The Contracting Officer and Contractor cannot agree on the existence or amount of a debt within 30 days;The Contractor fails to liquidate a debt previously demanded within the specified timeline, unless not repaid because the Contractor requested an installment payment agreement; orThe Contractor requests deferment of collection on a previously demanded debt (see FAR part 32). If a demand for payment was previously issued, the demand included in the final decision shall identify the same due date as the original demand. Amounts are due at the earliest of: (A) the date fixed under this contract; or (B) the date of the first written demand for payment, including a demand resulting from termination for cause. Interest shall be computed for the actual calendar days beginning on the due date and ending on: (A) the date the designated office receives payment from the Contractor; (B) the date a Government check is issued to the Contractor from which an amount otherwise payable is withheld as a credit against the contract debt; or (C) the date an amount withheld and applied to the debt otherwise would have become payable. The interest charge may be reduced under the interest-credit procedures prescribed in FAR part 32 in effect on the date of this contract. Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to supplies remains with the Contractor until and passes to the Government upon: Delivery of supplies to a carrier, if transportation is f.o.b. origin; orDelivery of supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part of it, for its sole convenience. In that event, the Contractor shall immediately stop all work and cause its suppliers and subcontractors to cease work. Subject to the contract terms, the Contractor shall be paid a percentage of the contract price reflecting the percentage of work performed before notice of termination, plus reasonable charges demonstrated to the Government's satisfaction using the Contractor's standard record-keeping system. The Contractor need not comply with cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government a right to audit the Contractor's records. The Contractor shall not be paid for work performed or costs incurred that reasonably could have been avoided. Termination for cause. The Government may terminate this contract, or any part of it, for cause in the event of Contractor default, failure to comply with contract terms and conditions, or failure to provide adequate assurances of future performance upon request. The Government will send a cure notice unless the reason for termination is late delivery. In the event of termination for cause, the Government is not liable for supplies or services not accepted, and the Contractor is liable to the Government for all rights and remedies provided by law. If the Government improperly terminates for default, the termination shall be deemed for convenience. Title. Unless specified elsewhere, title to items furnished under this contract passes to the Government upon acceptance, regardless of when or where the Government takes physical possession. Warranty. The Contractor warrants and implies that items delivered under this contract are merchantable and fit for the particular purpose described in this contract. 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 a defect or deficiency in accepted items. 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. Order of precedence. Inconsistencies in this solicitation or contract shall be resolved in the following order: The schedule of supplies/services;The Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;Other contract clauses incorporated in the solicitation or contract;Addenda to this solicitation or contract;Solicitation provisions incorporated in the solicitation;Other paragraphs of this clause;Other documents, exhibits, and attachments; andThe specification. Unauthorized obligations. Except as stated in paragraph (s)(2), when a supply or service under this contract is subject to an End User License Agreement (EULA), Terms of Service (TOS), or similar instrument containing a clause requiring the Government to indemnify the Contractor or another person or entity for damages, costs, fees, or other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341): Any such clause is unenforceable against the Government.Neither the Government nor any Government-authorized end user is deemed to have agreed to such clause by its appearance in the EULA, TOS, or similar instrument. If invoked through an “I agree” click box or similar mechanism (e.g., click-wrap or browse-wrap), execution does not bind the Government or any Government-authorized end user to the clause.Any such clause is deemed stricken from the EULA, TOS, or similar instrument. Paragraph (s)(1) does not apply to Government indemnification expressly authorized by statute and specifically authorized under applicable agency regulations and procedures. Comptroller General examination of records. This paragraph applies if the contract was awarded using other than sealed bid procedures and exceeds the simplified acquisition threshold on the award date. The Comptroller General of the United States, or an authorized representative, shall have access to and the right to examine the Contractor's directly pertinent records involving transactions related to this contract.The Contractor shall make records, materials, and other evidence available at its offices at all reasonable times for examination, audit, or reproduction, until 3 years after final payment, or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses. If the contract is wholly or partially terminated, records relating to terminated work shall be available for 3 years after any resulting final termination settlement. Records relating to appeals, litigation, or settlement of claims arising under or relating to the contract shall be available until finally resolved.Records include books, documents, accounting procedures and practices, and other data, regardless of type or form. This clause does not require the Contractor to create or maintain records not kept in the ordinary course of business or under law. 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 incorporated by reference (by citation number, title, and date) have the same force and effect as if 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 given in full text. Upon request, the Contracting Officer will make their full text available. Full text may also be accessed electronically at: https://www.acquisition.gov/browse/index/farhttps://www.va.gov/oal/library/vaar/ (End of Clause) Clauses Incorporated by Reference (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) Supplies and services under this contract shall be ordered by issuance of delivery 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. All delivery or task orders are subject to this contract's terms and conditions. In the event of conflict between an order and this contract, the contract controls. A delivery or task order is considered “issued” when: If sent by mail (including U.S. mail or private delivery service), the Government deposits it in the mail;If sent by fax, the Government transmits it to the Contractor's fax number; orIf sent electronically, the Government either posts a copy to a Government document access system and sends notice to the Contractor, or distributes it by email to the Contractor's email address. Orders may be issued by other methods only if authorized in the contract. (End of Clause)
C.4 52.216-19 Order Limitations (Oct 1995) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $15,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, them under the contract. Maximum order. The Contractor is not obligated to honor: An order for a single item in excess of $5,000,000.00;An order for a combination of items in excess of $5,000,000.00; orA series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2). If this is a requirements contract (i.e., includes FAR 52.216-21), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b). Notwithstanding paragraphs (b) and (c), the Contractor shall honor any order exceeding the maximum-order limitations unless the order(s) are returned to the ordering office within 15 days after issuance, with written notice stating the Contractor's intent not to ship the item(s) and the reasons. Upon receiving notice, the Government may acquire the supplies or services from another source. (End of Clause)
C.5 52.216-22 Indefinite Quantity (Nov 2025) (Deviation) This is an indefinite-quantity contract for the supplies or services specified and effective for the period stated in the Schedule. Quantities specified are estimates only and are not purchased by this contract. Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. When ordered, the Contractor shall furnish supplies or services up to the Schedule's stated maximum. The Government shall order at least the stated minimum. Except for limitations on quantities in the Order Limitations clause or Schedule, there is no limit on the number of orders. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. An order issued during the ordering period but not completed within that period shall be completed within the time specified in the order, which may include order options exercised after the contract ordering period but before the order's performance period ends. The contract shall govern the parties' rights and obligations for that order, including exercised options, as if completed during the contract's ordering period; provided that the Contractor shall not be required to make deliveries under this contract after 30 days. (End of Clause)
C.6 52.217-7 Option for Increased Quantity Separately Priced Line Item (Mar 1989) The Government may require delivery of the numbered line item identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days. Delivery of added items shall continue at the same rate as like items under the contract, unless the parties otherwise agree. (End of Clause)
C.7 52.217-9 Option to Extend the Term of the Contract (Mar 2000) The Government may extend the term of this contract by written notice to the Contractor within 30 days, provided that the Government gives the Contractor preliminary written notice of its intent to extend at least 60 days days before the contract expires. The preliminary notice does not commit the Government to an extension. If the Government exercises this option, the extended contract shall be considered to include this option clause. The total duration of this contract, including any options exercised under this clause, shall not exceed four (4) years. (End of Clause)
C.8 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Nov 2025) (Deviation) During the contract term, the Contractor must post an employee notice of the size, form, and content prescribed by the Secretary of Labor in conspicuous places in and about plants and offices where employees covered by the National Labor Relations Act engage in contract-related activities. This includes places where employee notices are customarily posted, physically and electronically, in the languages employees speak, in accordance with 29 CFR 471.2(d) and (f). Physical posting must be in conspicuous places in and about the Contractor's plants and offices so the notice is prominent and readily seen by covered employees engaged in contract-related activities.If the Contractor customarily posts employee notices electronically, it must also prominently display, on any website customarily used for employee notices about terms and conditions of employment, a link to the Department of Labor website containing the full poster. The link must read: “Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers.” The required employee notice, printed by the Department of Labor, may be: Obtained from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N-5609, Washington, DC 20210, (202) 693-0123, or from any field office of the Office of Labor-Management Standards or Office of Federal Contract Compliance Programs;Provided by the Federal contracting agency if requested;Downloaded from the Office of Labor-Management Standards website at http://www.dol.gov/olms/regs/compliance/EO13496.htm; orReproduced and used as exact duplicate copies of the Department of Labor's official poster. The required text of the employee notice is located at Appendix A, Subpart A, 29 CFR Part 471. The Contractor must comply with all provisions of the employee notice and related rules, regulations, and orders of the Secretary of Labor. If the Contractor fails to comply with paragraphs (a) through (d), the contract may be terminated or suspended in whole or in part, and the Contractor may be suspended or debarred under 29 CFR 471.14 and subpart 9.4. Other sanctions or remedies provided by 29 CFR part 471, which implements Executive Order 13496, or otherwise provided by law, may be imposed. Subcontracts. The Contractor must include the substance of this clause, including paragraph (f), in every subcontract exceeding $10,000 to be performed wholly or partially in the United States, unless exempted by rules, regulations, or orders of the Secretary of Labor issued under section 3 of Executive Order 13496 of January 30, 2009, so that the provisions bind each subcontractor.The Contractor must not procure supplies or services in a way designed to avoid applicability of Executive Order 13496 or this clause.The Contractor must take any action concerning such a subcontract directed by the Secretary of Labor to enforce these provisions, including sanctions for noncompliance.If the Contractor becomes involved in litigation with a subcontractor, or is threatened with such involvement, as a result of that direction, the Contractor may request the United States, through the Secretary of Labor, to enter the litigation to protect the interests of the United States. (End of Clause)
C.9 52.222-90 Addressing DEI Discrimination by Federal Contractors (Deviation Apr 2026) Definitions. Program participation means membership or participation in, or access or admission to, training, mentoring, or leadership development programs; educational opportunities; clubs; associations; or similar opportunities sponsored or established by the contractor or subcontractor.Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources. In connection with performance under this contract, the Contractor agrees that: It will not engage in racially discriminatory DEI activities;It will furnish information and reports, including access to books, records, and accounts, as required by the Contracting Officer to ascertain compliance;If the Contractor or a subcontractor does not comply, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared ineligible for further Government contracts;It will report a subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take appropriate remedial actions directed by the Contracting Officer;It will inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts the validity of this clause at issue in any way; andIt recognizes that compliance with this clause is material to the Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4). The Contractor must include the substance of this clause, including paragraph (c), in subcontracts at any tier, including those for commercial products and commercial services, except those where delivery or performance is outside the United States. (End of Clause)
C.10 52.223-23 Sustainable Products (Nov 2025) (Deviation) Definitions. “Sustainable products” means: A product containing recovered material designated by the EPA under the Comprehensive Procurement Guidelines (42 U.S.C. 6962; 40 CFR part 247): https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products.An energy-efficient product or low standby power device (42 U.S.C. 8259b; 10 CFR part 436, subpart C): https://www.energy.gov/femp/search-energy-efficient-products, https://www.energystar.gov/products?s=mega, and https://www.energy.gov/femp/low-standby-power-product-list.A biobased product meeting USDA content requirements under the BioPreferred® program (7 U.S.C. 8102; 7 CFR Part 4270): https://www.biopreferred.gov/.A substance identified by the EPA's Significant New Alternatives Policy (SNAP) program as a safe alternative to an ozone-depleting substance (42 U.S.C. 7671l; 40 CFR part 82, subpart G): https://www.epa.gov/snap/unacceptable-and-acceptable-substitutes-tables. Requirements. The Government has identified in the statement of work or elsewhere in the contract the sustainable products required during performance. The Contractor shall ensure it provides sustainable products as required by the contract when products are: Delivered to the Government;Furnished for use by the Government;Incorporated into the construction of a public building or public work; orFurnished for use in performing services under this contract, where the cost of the products is a direct cost to this contract. (End of Clause)
C.11 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) Funds are not presently available for performance under this contract beyond 10/31/2027. The Government's obligation for performance beyond that date is contingent upon the availability of appropriated funds for contract purposes. No legal liability for payment may arise for performance beyond 10/31/2027 until funds are made available to the Contracting Officer and the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer. (End of Clause)
C.12 VAAR 852.247-71 Delivery Location (Oct 2018) Shipment of deliverable items, other than reports, shall be to: Department of Veterans AffairsVA North Atlantic Health Network HSA 1.3 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 (End of Clause)
C.13 VAAR 852.247-72 Marking Deliverables (Oct 2018) The contract number shall be placed on or adjacent to all exterior mailing or shipping labels of deliverable items called for by the contract.Mark deliverables, except reports, for: Lab. Reference the PO Number. (End of Clause)
C.14 VAAR 852.247-73 Packing for Domestic Shipment (Oct 2018) Material shall be packed for shipment in such a manner that will insure acceptance by common carriers and safe delivery at destination. Containers and closures shall comply with regulations of carriers as applicable to the mode of transportation. (End of Clause) (End of Addendum to 52.212-4)
C.15 Mandatory Written Disclosures Mandatory written disclosures required by FAR clause 52.203-13 to the Department of Veterans Affairs, Office of Inspector General (OIG), must be made electronically through the VA OIG Hotline at https://www.vaoig.gov/hotline/online-forms by clicking on “FAR clause 52.203-13 Reporting.” If you experience difficulty accessing the website, call the Hotline at 1-800-488-8244 for further instructions.
SECTION D — CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
SECTION E — SOLICITATION PROVISIONS E.1 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services (Oct 2025) (Deviation) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified. At a minimum, offers shall include: The solicitation number;The name, address, and telephone number of the Offeror;The Offeror's Unique Entity Identifier (UEI) and, if applicable, Electronic Funds Transfer (EFT) indicator;Information necessary to evaluate the factors contained in provision 52.212-2 or as described in the solicitation;Responses to provisions requiring Offeror completion of information, representations, and certifications (other than those collected through the System for Award Management (SAM)); andA statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and any solicitation amendments. Period for acceptance of offers. The Offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation. Late submissions, modifications, revisions, and withdrawals of offers. Offerors are responsible for submitting offers and any modifications or...