S06 36C10B26R0335 0002 Amended Combined SynSol.pdf
PDF 328 KB Posted
- Attached to
- DG11--Wireless Medical Telemetry Systems Frequency Coordination, Registration, and Allocation Services
- Solicitation number
- 36C10B26R0335
About this file
This is a Request for Proposal (RFP) for Wireless Medical Telemetry Systems (WMTS) frequency coordination, registration, and allocation services issued by the Department of Veterans Affairs under solicitation 36C10B26R0335, Amendment 0002. The Government contemplates a sole-source award of a requirements-type contract under FAR 16.503 for a 60-month period. The contractor must provide frequency coordination, registration, and allocation services for WMTS devices in accordance with FCC regulations and ASHE/AHA guidance across three frequency bands (608-614 MHz, 1395-1400 MHz, and 1427-1432 MHz) at all VA medical facilities, other Government facilities, and hospitals. Services are to be delivered electronically, with a Government technical point of contact to be provided at contract award.
The contract structure includes five 12-month ordering periods with tiered pricing based on quantity thresholds: CLINs for quantities 1-500 units and CLINs for quantities 501-1,271 units per ordering period. The minimum order quantity is one unit; maximum single order is 1,771 units; cumulative maximum across all orders is 8,855 units. Contract and minimum amounts are To Be Determined (TBD). Proposals must be submitted electronically to Richard.Melton2@va.gov and Diana.Armesto@va.gov by the date and time specified, consisting of completed Representations and Certifications (Section E) and the completed Price Schedule. The contract will be awarded on SF 1449 with Sections B, C, and D included; Section E will be removed at award. Performance will occur at contractor facilities identified in the proposal submission.
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Other files
| File | Type | Posted |
|---|---|---|
| S06 36C10B26R0335 0003.pdf | ||
| S06 36C10B26R0335 0003 Amended Combined SynSol.pdf | ||
| S06 36C10B26R0335 0002.pdf | ||
| 36C10B26R0335 0001_1.docx | DOCX document | |
| S06 36C10B26R0335 0001.pdf | ||
| S02 JnA WMTS_Redacted.pdf | ||
| S02 36C10B26Q0335 Combined Syn-Sol.pdf | ||
| 36C10B26R0335_1.docx | DOCX document |
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Text version
Request for Proposal: 36C10B26R0335
Amendment 0002 Contract: TBD
This is a combined synopsis/solicitation for commercial services prepared in accordance with Revolutionary Federal Acquisition Regulation (FAR) Overhaul (RFO) Part 12 as supplemented with additional information included in this solicitation. This announcement constitutes the only solicitation; proposals are being requested and a separate written solicitation will not be issued. Solicitation 36C10B26R0335 is issued as a Request for Proposal (RFP). The following are the Terms and Conditions for RFP 36C10B26R0335. Any resultant award will be issued on a Standard Form (SF) 1449 and will include Sections B, C, and D.
Section E will be removed at time of award.
1. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2026-01.
2. The solicitation is under North American Industry Classification System Code 541330, Engineering Services, and the associated small business size standard is $25.5M.
3. DESCRIPTION: The Government contemplates the sole source (Justification provided in a separate document posted with this combined synopsis/solicitation) award of a requirements type contract in accordance with FAR RFO 16.503 for Wireless Medical Telemetry Systems (WMTS) frequency coordination, registration, and allocation services. Deliveries of WMTS frequency coordination, registration, and allocation services. Deliveries of WMTS frequency coordination, registration, and allocation services will be scheduled by placing orders. The quantity will be identified in each order. The minimum quantity the Government will order is one unit;
the maximum quantity for a single order is 1,771 units; and the cumulative total maximum quantity for all orders placed is 8,855 units of WMTS frequency coordination, registration, and allocation services.
4. Proposal Submission: The Offeror’s proposal shall be submitted electronically by the date and time indicated in the solicitation via electronic mail to Richard.Melton2@va.gov and Diana.Armesto@va.gov. The Offeror’s proposal shall consist of completed Representations and Certifications listed in Section E and the completed Price Schedule. The use of hyperlinks or embedded attachments is prohibited. Late submissions may not be accepted for evaluation. To avoid submission of late proposal, the Government recommends the Offeror transmit proposal files at least 24 hours prior to the required submission due date and time.
Please be advised that timeliness is determined by the date and time an Offeror’s proposal is received by the Government and not when an Offeror attempted transmission.
5. Offeror’s submission(s) shall be submitted in accordance with the following instructions:
a. Format. The submission shall be clearly indexed and logically assembled. Each submission shall be clearly identified and shall begin at the top of a page. All pages of each volume shall be appropriately numbered and identified by the complete company name, date and solicitation number in the header and/or footer.
b. All files shall be submitted as either a Microsoft Excel (.XLS) file or an Acrobat (PDF) file. Page size shall be no greater than 8 1/2" x 11" with printing on one side, only. The top, bottom, left and right margins shall be a minimum of one inch (1”) each. Font size shall be no smaller than 12-point. Arial or Times New Roman fonts are required. Characters shall be set at no less than normal spacing and 100% scale. Tables and illustrations may use a reduced font size not less than 8-point and may be landscape. Line spacing shall be set at no less than single space. Each paragraph shall be separated by at least one blank line. Page numbers, company logos, headers and footers may be within the page margins ONLY, and are not bound by the 12-point font requirement. Footnotes to text shall not be used. All proprietary information shall be clearly and properly marked. If the Offeror submits annexes, documentation, attachments or the like, not specifically required by this solicitation, such will count against the Offeror’s page limitations unless otherwise indicated in the specific volume instructions below. Pages in violation of these instructions, either by exceeding the margin, font or spacing restrictions or by exceeding the total page limit for a particular volume, will not be evaluated. Pages not evaluated due to violation of the margin, font or spacing restrictions will not count against the page limitations. The page count will be determined by counting the pages in the order they come up in the print layout view.
c. File Packaging. All of the proposal files may be compressed (zipped) into one file entitled “proposal.zip” using WinZip version 6.2 or later version or the proposal files may be submitted as individual attachments.
d. Content Requirements. Offerors are responsible for including sufficient details, in a concise manner, to permit a complete and accurate evaluation of each proposal.
SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS
B.1 Contract Type
This is a Requirements contract. Orders can be placed against this contract in accordance with (IAW) the Contract Line-Item Number (CLIN) structure listed in Section B on a Firm-Fixed-Price (FFP) basis. The Government may place orders on this contract from the effective date of this contract (as identified in Block 28 of the SF 1449) through 60 months thereafter. Orders will be placed IAW Paragraph B.11.
B.2 Contract Maximum/Minimum Amounts
Pursuant to FAR RFO 52.216-22(b), the maximum amount for this contract is To Be Determined (TBD) and the minimum amount is TBD. The minimum quantity the Government will order is one unit; the maximum quantity for a single order is 1,771 units; and the cumulative total maximum quantity for all orders placed is 8,855 units of WMTS frequency coordination, registration, and allocation services.
B.3 Schedule of Supplies/Services
All services shall be in accordance with the Performance Work Statement (PWS), entitled “Enterprise Wireless Medical Telemetry Systems Frequency Coordination, Registration, and Allocation Services,” dated April 8, 2026, as set forth in Section B.
Orders will be issued in accordance with the following Contract Line-Item Number (CLIN) structure:
CLIN
DESCRIPTION OF
SUPPLIES/SERVICES QTY UNIT UNIT PRICE AMOUNT
The contractor is required to provide the Enterprise Wireless Medical Telemetry Systems (WMTS) Frequency Coordination, Registration, and Allocation Services
Contract Type: FFP.
Product Service Code: DG11.
Inspection/Acceptance/F.O.B. Point:
Destination.
Integrated Financial and Acquisition Management System (iFAMS) Integrated Purchase Request (IPR) Number for the Contract: F363151-26- 0001092.
Acquisition Request Module (ARM):
200184 for this contract. In addition, Individual Orders will provide an ARM.
Period of Performance (POP): 60-month Ordering and Performance Period from the date of award.
Descriptive Data: This is a 60-month effort for enterprise WMTS frequency coordination, registration, and allocation services IAW the PWS set forth in Section B.4 of this contract. The Contractor shall
SUPPLIES/SERVICES QTY UNIT UNIT PRICE AMOUNT
furnish all personnel, facilities, services, materials, supplies, travel and otherwise perform all actions necessary to accomplish the requirements for the individual FFP orders issued under this Contract.
Individual Orders will use the appropriate unit price based on the total quantities ordered during the applicable ordering period
Ordering Period 1, from Date award through 12 months.
1001AA Enterprise WMTS Frequency
Coordination, Registration, and Allocation Services for quantities 1 through 500 ordered during the ordering period.
Up to
EA $ To Be Proposed
(TBP)
Not to Exceed
(NTE) $TBP
1001AB Enterprise WMTS Discounted Frequency Coordination, Registration, and Allocation Services for quantities 501 and up to 1,271 ordered during the ordering period.
through 1,271
EA $TBP NTE $TBP
Total NTE Value Ordering Period 1: $TBP
Ordering Period 2, 12 months from the end of Ordering Period 1 2001AA Enterprise WMTS Frequency
Coordination, Registration, and Allocation Services for the quantities 1 through 500
EA $TBP NTE $TBP
2001AB Enterprise WMTS Discounted Frequency Coordination, Registration, and Allocation Services for quantities 501 and up to 1,271 ordered during the ordering period.
1,271
Total NTE Value Ordering Period 2: $TBP
Ordering Period 3, 12 months from the end of Ordering Period 2 3001AA Enterprise WMTS Frequency
Coordination, Registration, and Allocation
SUPPLIES/SERVICES QTY UNIT UNIT PRICE AMOUNT
3001AB Enterprise WMTS Discounted Frequency Coordination, Registration, and Allocation Services for quantities 501 through 1,271
1,271
Total NTE Value Ordering Period 3: $TBP
Ordering Period 4, 12 months from the end of Ordering Period 3 4001AA Enterprise WMTS Frequency
Coordination, Registration, and Allocation
EA $TBP NTE $TBP
4001AB Enterprise WMTS Discounted Frequency Coordination, Registration, and Allocation
1,271
Total NTE Value Ordering Period 3: $TBP
Ordering Period 5, 12 months from the end of Ordering Period 4 5001AA Enterprise WMTS Frequency
Coordination, Registration, and Allocation
EA $TBP NTE $TBP
5001AB Enterprise WMTS Discounted Frequency Coordination, Registration, and Allocation ordered during the period.
1,271
EA $TBP NTE $TBP
Total NTE Value Ordering Period 5: $TBP
Total NTE Contract Value: $TBP
Governing Law Clause
Federal law and regulations, including the FAR RFO, shall govern this Contract/Order.
Commercial license agreements may be made a part of this Contract/Order but only if both parties expressly make them an addendum hereto. If the commercial license agreement is not made an addendum, it shall not apply, govern, be a part of or have any effect whatsoever on the Contract/Order; this includes, but is not limited to, any agreement embedded in the computer software (clickwrap), any agreement that is otherwise delivered with or provided to the Government with the commercial computer software or documentation (shrinkwrap), or any other license agreement otherwise referred to in any document. If a commercial license agreement is made an addendum, only those provisions addressing data rights regarding the Government’s use, duplication and disclosure of data (e.g., restricted computer software) are included and made a part of this Contract/Order, and only to the extent that those provisions are not duplicative or inconsistent with Federal law, Federal regulation, the incorporated FAR RFO clauses and the provisions of this Contract/Order; those provisions in the commercial license agreement that do not address data rights regarding the Government’s use, duplication and disclosure of data shall not be included or made a part of the Contract/Order. Federal law and regulation including, without limitation, the Contract Disputes Act (41 U.S.C. § 7101 et seq.), the Anti-Deficiency Act (31 U.S.C. § 1341 et seq.), the Competition in Contracting Act (41 U.S.C. § 3301 et seq.), the Prompt Payment Act (31 U.S.C. § 3901 et seq.), Contracts for Data Processing or Maintenance (38 USC § 5725), Source Code Harmonization and Reuse in Information Technology Act “SHARE IT Act” (P.L. 118-187), and FAR clauses 52.212-4, 52.227-14 shall supersede, control, and render ineffective any inconsistent, conflicting, or duplicative provision in any commercial license agreement. In the event of conflict between this clause and any provision in the Contract/Order or the commercial license agreement or elsewhere, the terms of this clause shall prevail. Claims of patent or copyright infringement brought against the Government as a party shall be defended by the U.S.
Department of Justice (DOJ) in accordance with 28 U.S.C. § 516; at the discretion of DOJ, the Contractor may be allowed reasonable participation in the defense of the litigation. Any additional changes to the Contract/Order must be made by modification (Standard Form 30) and shall only be made by a warranted Contracting Officer. Nothing in this Contract/Order or any commercial license agreement shall be construed as a waiver of sovereign immunity.
B.4 PERFORMANCE WORK STATEMENT
DEPARTMENT OF VETERANS AFFAIRS
Office of Operations, Security, and Preparedness
Office of Operations, Mission Assurance and Resilience Office of Telecommunications
Enterprise Wireless Medical Telemetry Systems Frequency Coordination, Registration, and Allocation Services
Date: April 8, 2026 Version Number: 1.0
1.0 BACKGROUND
The Department of Veterans Affairs (VA) Office of Operations, Security, and Preparedness, Office of Operations, Mission Assurance and Resilience (OMAR), is responsible for ensuring the safety, security, and operational readiness of VA facilities, staff, and services. The tasks are linked by security classification and National Security/Emergency Preparedness (NS/EP) functionality. Many of the functions directly support mandatory capabilities required by National Communication System (NCS) Directive 3-10. NS/EP tasks require direct coordination and communications with other Federal agencies, including the Department of Homeland Security, NCS, the National Security Agency, and the National Telecommunications and Information Agency (NTIA).
OMAR also includes spectrum management services ensuring compliance with various regulations and guidelines for Wireless Medical Telemetry (WMT) Systems (WMTS). WMT is the remote monitoring of a patient’s health through radio technology.
The use of WMT gives patients greater mobility and increased comfort by freeing them from the need to be connected to hospital equipment that would otherwise be required to monitor their condition. WMT also serves the goal of reducing health care costs because it permits remote monitoring of several patients simultaneously.
VA coordinates and documents authorized spectrum sharing with state and local agencies and organizations in alignment with 47 Code of Federal Regulations Ch1 Part 95 Subpart H §§ 95.2301 – 95.2395. Medical telemetry devices in the WMTS bands must be coordinated with the FCC Frequency Coordinator to protect spectrum allocations. The WMTS contractor provides frequency coordination and registration services for wireless medical telemetry equipment at all VA medical facilities, other Government facilities, and hospitals.
VA must ensure interference-free, efficient and effective use of the radio frequency spectrum. This capability is critical in many facets of VA communications, including medical telemetry; paging systems; wireless networks; microwave systems; police, fire, and facility management radio networks; and National Security or Emergency Preparedness communications.
Code of Federal Regulation, Title 47, Telecommunication, Subparagraph H of Part 95, requires Federal Agencies to determine whether there are any systems whose operations could affect, or could be affected, by proposed wireless medical telemetry operations. This regulation requires the VA to ensure registration or removal of devices or equipment that would interfere with or be affected by authorized wireless medical telemetry devices. The American Society for Healthcare Engineering of the American Hospital Association (ASHE/AHA) of the American Hospital Association provides access to the WMTS Frequency Coordination Database by establishing an account for online registration. ASHE/AHA’s sole technical partner, Outdoor Wireless Networks, LLC, is responsible for providing frequency coordination and allocation services in the WMTS bands. Frequency coordination fees are paid directly to Outdoor Wireless Networks, LLC, for these services.
2.0 APPLICABLE DOCUMENTS
In the performance of the tasks associated with this Performance Work Statement, the Contractor shall comply with the following:
1. 42 U.S.C. § 2000d from “Title VI of the Civil Rights Act of 1964”, as amended.
2. Sections 504 and 508 of the Rehabilitation Act (29 U.S.C. § 794d), as amended.
3.0 SCOPE OF WORK
The Contractor shall provide the necessary labor and materials to perform frequency coordination, registration, and allocation services for WMT devices at all VA medical facilities. VA requires a national approach to coordinate deployment, registration, and management service of high band frequency transmitters throughout VA Medical Centers. The contractor shall provide support services for VA Enterprise Frequency Coordination Registration.
4.0 PERFORMANCE DETAILS
4.1 PERFORMANCE PERIOD
The PoP shall be 60 months from the date of award.
There are Eleven (11) Federal holidays set by law (USC Title 5 Section 6103) that VA follows:
Under current definitions, five are set by date:
New Year's Day January 1 Juneteenth June 19 Independence Day July 4 Veterans Day November 11 Christmas Day December 25
If any of the above falls on a Saturday, then Friday shall be observed as a holiday.
Similarly, if one falls on a Sunday, then Monday shall be observed as a holiday.
The other six are set by a day of the week and month:
Martin Luther King's Birthday Third Monday in January Washington's Birthday Third Monday in February Memorial Day Last Monday in May Labor Day First Monday in September Columbus Day Second Monday in October Thanksgiving Fourth Thursday in November
4.2 PLACE OF PERFORMANCE
Tasks under this PWS shall be performed at Contractor facilities. The Contractor shall identify the Contractor’s place of performance in their proposal submission.
5.0 SPECIFIC TASKS AND DELIVERABLES
5.1 WMTS FREQUENCY BAND ASSIGNMENT
The contractor shall provide WMTS frequency coordination, registration, and allocation services in accordance with FCC regulations and ASHE/AHA guidance. The contractor shall respond to VA requests for assignments in one of the WMTS bands with a specific range of frequencies to use at that physical location. The contractor shall cite the FCC and ASHE/AHA guidance. The Government’s request will be supporting a specific number of transmitters at a specific geographical area. A WMTS transmitter is any device that transmits on a frequency in the WMTS bands (608-614 megahertz (MHz), 1395-1400 MHz, and 1427-1432 MHz). A unit is defined as a single WMTS transmitter, e.g., patient-worn transmitters, fixed access points, or other devices that transmit in the WMTS bands.
The contractor shall be familiar with Federal information technology and telecommunications security requirements and is expected to research Federal information technology and telecommunications requirements and best practices as part of the effort. The contractor shall be responsible for ensuring all WMTS parameters that are authorized for the given transmitter(s) comply with FCC’s guidelines for frequency coordination and assignment.
Deliverable:
WMTS frequency coordination, registration, and allocation.
6.0 GENERAL REQUIREMENTS
6.1 METHOD AND DISTRIBUTION OF DELIVERABLES AND GOVERNMENT
TECHNICAL POINT OF CONTACT
The Contractor shall deliver documentation in electronic format. Acceptable electronic media include: Microsoft 365 suite, MS Word, MS Excel, MS PowerPoint, MS Project, MS Access, MS Visio, AutoCAD, and Adobe Postscript Data Format (PDF).
All deliverables shall be delivered to the Government’s technical Point of Contact:
Name:
Address:
Phone:
Email:
6.2 PERFORMANCE METRICS
The table below defines the Performance Standards and Acceptable Levels of Performance associated with this effort.
Performance Objective Performance Standard
Acceptable Levels of Performance
A. Technical / Quality of Product or Service
1. Demonstrates understanding of requirements.
2. Efficient and effective in meeting requirements.
3. Meets technical needs and mission requirements.
4. Provides quality services/products.
5. Incorporates “ease of use” Human Centered Design principles in any software developed.
Satisfactory or higher
B. Project Milestones and Schedule
1. Established milestones and project dates are met.
2. Products completed, reviewed, delivered in accordance with the established schedule.
3. Notifies customer in advance of potential problems.
Satisfactory or higher
C. Cost & Staffing 1. Currency of expertise and staffing levels appropriate to perform tasks required.
2. Personnel possess necessary knowledge, skills and abilities to perform tasks.
Satisfactory or higher
D. Management 1. Integration and coordination of all activities to execute effort.
Satisfactory or higher
6.3 GOVERNMENT FURNISHED PROPERTY
The Government does not anticipate providing any Government furnished property, material, equipment, or information.
ADDENDUM A – ADDITIONAL VA REQUIREMENTS, CONSOLIDATED
A1.0 Confidentiality and Non-Disclosure
1. The VA CO will be the sole authorized official to release in writing, any data, draft deliverables, final deliverables, or any other written or printed materials pertaining to this contract. The Contractor shall release no information. Any request for information relating to this contract presented to the Contractor shall be submitted to the VA CO for response.
2. Contractor shall limit access to the minimum number of personnel necessary for contract performance for all information considered sensitive or proprietary in nature.
If the Contractor is uncertain of the sensitivity of any information obtained during the performance this contract, the Contractor has a responsibility to ask the VA CO.
3. Contractor shall train all of their employees involved in the performance of this contract on their roles and responsibilities for proper handling and nondisclosure of sensitive VA or proprietary information. Contractor personnel shall not engage in any other action, venture or employment wherein sensitive information shall be used for the profit of any party other than those furnishing the information. The sensitive information transferred, generated, transmitted, or stored herein is for VA benefit and ownership alone.
4. Contractor shall maintain physical security at all facilities housing the activities performed under this contract, including any Contractor facilities. The Contractor shall ensure that security procedures are defined and enforced to ensure all personnel who are provided access to patient data must comply with published procedures to protect the privacy and confidentiality of such information.
5. Regulatory standard of conduct governs all personnel directly and indirectly involved in procurements. All personnel engaged in procurement and related activities shall conduct business in a manner above reproach and, except as authorized by statute or regulation, with complete impartiality and with preferential treatment for none. The general rule is to strictly avoid any conflict of interest or even the appearance of a conflict of interest in VA/Contractor relationships.
END PWS
B.5 Points of Contact
Contract Administration: All contract administration matters will be handled by the following individuals:
a. Contracting Officer for the Contract:
The physical address, email address, and telephone number of the Contracting Officer for this Contract are:
Diana Armesto Department of Veterans Affairs Office of Procurement Operations Technology Acquisition Center (003B2H2) 23 Christopher Way Eatontown, NJ 07724
E-mail: Diana.Armesto@va.gov Telephone: 512-529-8064
b. Contract Specialist for the Contract:
The physical address, email address, and telephone number of the Contract Specialist for this Contract are:
Richard Melton Department of Veterans Affairs Office of Procurement Operations Technology Acquisition Center (003B2H2) 23 Christopher Way Eatontown, NJ 07724
E-Mail: Richard.Melton2@va.gov Telephone: 512-981-4479
c. COR for the Contract:
The physical address, email address, and telephone number of the COR for this Contract are:
To Be Provided at Contract Award
B.6 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
B.7 Invoices
Invoices shall be submitted in advance:
a. Quarterly [ ]
b. Semi-Annually [ ]
c. Other [X, upon receipt of an acceptable invoice.]
The contractor shall reference the appropriate IFCAP Purchase Order on all invoices for goods and services tendered under this order.
B.8 Accounting and Appropriation Data
Accounting and appropriation data will be stated in the individual Orders placed against the Contract.
B.9 Period for Placing Orders
The period for placing Orders under this Contract is from the date of award (Block 28 of the SF 1449) through 60 months thereafter. Orders will be placed IAW Section B, Paragraph B.12 titled, “Ordering Procedures.”
B.10 Period of Performance
Each Order issued under this Contract will delineate the specific period of performance and/or delivery schedule(s). No Orders will be issued that require the Contractor to perform beyond the end of the 60th month after award. Therefore, the period of performance under this Contract is from the effective date of award through the 60th month thereafter.
B.11 Place of Performance
The Government anticipates the work will be conducted at Contractor facilities.
B.12 Ordering Procedures
a. Orders placed against this Contract will be issued at the sole discretion of VA by VA
Contracting Officers during the period set forth in FAR RFO clause 52.216-18, Ordering, and 52.216-19 Order Limitations. Upon receipt of an order signed by a VA Contracting Officer, the Contractor shall perform the work identified in the PWS, at the prices set forth in the schedule. The cumulative total of all orders issued against this Contract will not exceed the amount as stated in Paragraph B.2.
b. Orders will be issued IAW the CLIN structure provided in Paragraph B.3. Each Order is a “stand alone” action. Orders may be issued via mail, facsimile, or electronic commerce methods.
c. Upon receipt of an Order from the Contracting Officer, the Contractor shall work with the VA technical Point of Contact to finalize frequency registrations and allocations.
SECTION C - CONTRACT CLAUSES
I. ADDENDUM to FAR RFO 52.212-4 CONTRACT TERMS AND CONDITIONS—
COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025)
Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.
The following clauses are incorporated into 52.212-4 as an addendum to this contract:
C.1 FAR RFO 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any Department of Veterans Affairs (VA) Acquisition Regulation (VAAR) (48 CFR Chapter 8) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of Clause)
C.2 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES
INCORPORATED BY REFERENCE (JAN 2008)
The following provisions or clauses incorporated by reference in this solicitation must be completed by the offeror or prospective contractor and submitted with the quotation or offer. Copies of these provisions or clauses are available on the Internet at the web sites provided in the provision at FAR RFO 52.252-1, Solicitation Provisions Incorporated by Reference, or the clause at FAR RFO 52.252-2, Clauses Incorporated by Reference. Copies may also be obtained from the contracting officer.
C.3 FAR RFO 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):
FAR RFO and VAAR: https://www.acquisition.gov
FAR RFO
Clause Number Title Date
52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE
CERTAIN FEDERAL TRANSACTIONS
JUN 2020
52.203-17 CONTRACTOR EMPLOYEE WHISTEBLOWER
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
52.204-19 INCORPORATION BY REFERENCE OF
REPRESENTATIONS AND CERTIFICATIONS
DEC 2014
52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED
DOMESTIC CORPORATIONS
NOV 2015
52.212-4 CONTRACT TERMS AND CONDITIONS—
COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES (DEVIATION)
OCT 2025
52.222-3 CONVICT LABOR (DEVIATION) NOV 2025
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
52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL
CONTRACTORS (DEVIATION)
NOV 2025
52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN
TEXT MESSAGING WHILE DRIVING
MAY 2024
52.227-01 AUTHORIZATION AND CONSENT JUN 2020
52.227-02 NOTICE AND ASSISTANCE REGARDING PATENT
AND COPYRIGHT INFRINGEMENT
JUN 2020
52.227-14 RIGHTS IN DATA – GENERAL ALT IV MAY 2014
52.227-16 ADDITIONAL DATA REQUIREMENTS JUN 1987
52.232-33 PAYMENT BY EFT - SYSTEM FOR AWARD
MANAGEMENT
OCT 2018
52.232-37 MULTIPLE PAYMENT ARRANGEMENTS MAY 1999
52.232-39 UNENFORCEABILITY OF UNAUTHORIZED
OBLIGATIONS
JUN 2013
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL
BUSINESS SUBCONTRACTORS
MAR 2023
Clause Number Title Date
52.233-3 PROTEST AFTER AWARD (DEVIATION) NOV 2025
52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT
CLAIM (DEVIATION)
AUG 2025
52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS
(DEVIATION)
AUG 2025
52.240-93 BASIC SAFEGUARDING OF COVERED
CONTRACTOR INFORMATION SYSTEMS
(DEVIATION)
AUG 2025
852.201-70 CONTRACTING OFFICER’S REPRESENTATIVE DEC 2022
852.203-70 COMMERCIAL ADVERTISING MAY 2018
852.232-72 ELECTRONIC SUBMISSION OF PAYMENT
REQUESTS
NOV 2018
(End of clause)
C.4 FAR RFO 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN
SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED,
PROPOSED FOR DEBARMENT, OR VOLUNTARILY EXCLUDED (NOV 2025
DEVIATION)
(a) Definition. As used in this clause—
Commercially available off-the-shelf (COTS) item
(1) Means any item of supply (including construction material) that is–
(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” in Federal Acquisition Regulation (FAR) 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.
(b) The Government suspends or debars Contractors to protect the Government's interests. Other than a subcontract for a commercially available off-the-shelf item, the Contractor shall not enter into any subcontract, in excess of the threshold specified in FAR 9.405-2(b) on the date of subcontract award, with a Contractor that is debarred, suspended, or proposed for debarment by any executive agency unless a compelling reason exists to do so.
(c) The Contractor shall require each proposed subcontractor whose subcontract will exceed the threshold specified in FAR 9.405-2(b) on the date of subcontract award, other than a subcontractor providing a commercially available off-the-shelf item, to disclose to the Contractor, in writing, whether as of the time of award of the subcontract, the subcontractor, or its principals, is or is not debarred, suspended, proposed for debarment, or voluntarily excluded by the Federal Government.
(d) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before entering into a subcontract with a party (other than a subcontractor providing a commercially available off-the-shelf item) that is debarred, suspended, proposed for debarment, or voluntarily excluded (see FAR 9.404 for information on the System for Award Management (SAM) Exclusions). The notice must include the following:
(1) The name of the subcontractor.
(2) The Contractor’s knowledge of the reasons for the subcontractor being listed with an exclusion in SAM.
(3) The compelling reason(s) for doing business with the subcontractor notwithstanding its being listed with an exclusion in SAM.
(4) The systems and procedures the Contractor has established to ensure that it is fully protecting the Government's interests when dealing with such subcontractor in view of the specific basis for the party's debarment, suspension, proposed debarment, or voluntary exclusion.
(e) Subcontracts. Unless this is a contract for the acquisition of commercial products or commercial services, the Contractor shall include the requirements of this clause, including this paragraph (e) (appropriately modified for the identification of the parties), in each subcontract that—
(1) Exceeds the threshold specified in FAR 9.405-2(b) on the date of subcontract award;
and
(2) Is not a subcontract for commercially available off-the-shelf items.
(End of clause)
C.5 FAR RFO 52.216-18 ORDERING (AUG 2020)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of orders by the individuals or activities designated in the Schedule. Such orders may be issued from the effective date of the contract through 60 months thereafter.
(b) All orders are subject to the terms and conditions of this contract. In the event of conflict between an order and this contract, the contract shall control.
(c) An order is considered "issued" when—
(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;
(2) If sent by fax, the Government transmits the order to the Contractor’s fax number;
or
(3) If sent electronically, the Government either—
(i) Posts a copy of the order to a Government document access system, and notice is sent to the Contractor; or
(ii) Distributes the order via email to the Contractor’s email address.
(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.
C.6 FAR RFO 52.216-19 ORDER LIMITATIONS (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than To Be Determined (TBD), the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor—
(1) Any order for a single item in excess of TBD;
(2) Any order for a combination of items in excess of TBD; or
(3) A series of orders from the same ordering office within 7 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), 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) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
C.7 FAR RFO 52.216-21 REQUIREMENTS (SEP 2025 DEVIATION)
(a) This is a requirements contract for the services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.
(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.
(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.
(f) Any order issued during the ordering period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order.
The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s ordering period; provided, that the Contractor shall not be required to make any deliveries under this contract after 60 months from the date of award.
(End of Clause)
C.8 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)
The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract. Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.
(End of Addendum to FAR 52.212-4)
Section D- SCHEDULE FOR DELIVERABLES
SECTION E- PROVISIONS (To be removed at award)
I. ADDENDUM to FAR RFO 52.212-1 INSTRUCTIONS TO OFFERORS—
COMMERCIAL ITEMS
Provisions 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 provisions are incorporated into 52.212-1 as an addendum to this solicitation:
E.1 FAR RFO 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)
(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.
(b) The use in this solicitation of any Department of Veterans Affairs (VA) Acquisition Regulation (VAAR) (48 CFR Chapter 8) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of Provision)
E.2 FAR RFO 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY
REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
FAR RFO and VAAR: https://www.acquisition.gov
Number Title Date
52.203-11 CERTIFICATION AND DISCLOSURE REGARDING
PAYMENTS TO INFLUENCE CERTAIN FEDERAL
TRANSACTIONS
SEP 2024
52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES
THAT REQUIRE CERTAIN INTERNAL
JAN 2017
Number Title Date
CONFIDENTIALITY AGREEMENTS OR
STATEMENTS—REPRESENTATION
52.204-7 SYSTEM FOR AWARD MANAGEMENT (DEVIATION) NOV 2025
52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED
DOMESTIC CORPORATIONS—REPRESENTATION
(DEVIATION)
NOV 2025
52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—
NOTICE AND REPRESENTATION
JUN 2020
52.212-1 INSTRUCTIONS TO OFFERORS- COMMERCIAL
ITEMS
JUN 2020
852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE
RESOLUTION
OCT 2018
852.233-71 ALTERNATE PROTEST PROCEDURE OCT 2018
852.239-75 INFORMATION AND COMMUNICATION
TECHNOLOGY ACCESSIBILITY NOTICE
FEB 2023
852.273-70 LATE OFFERS NOV 2021
852.273-74 AWARD WITHOUT EXCHANGES NOV 2021
E.3 FAR RFO 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS
(NOV 2025 DEVIATION)
(a)(1) The Offeror certifies, to the best of its knowledge and belief, that—
(i) The Offeror and/or any of its Principals—
(A) Are □ are not □ presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(B) Have □ have not □, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation);
(C) Are □ are not □ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and
(D) Have □, have not □, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied. Federal taxes are considered delinquent if both of the following criteria apply:
(1) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if a pending administrative or judicial challenge remains. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(2) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.
(ii) The Offeror has □ has not □, within a 3-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.
(2) "Principal," for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the Government will consider the certification in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror non-responsible.
(d) This provision does not require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a). The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If the Government later determines that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.
(End of provision)
E.4 FAR RFO 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING
DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL
LAW (FEB 2016) (NOV 2025 DEVIATION)
(a) The Government will not enter into a contract with any corporation that—
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that–
(1) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(2) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
(End of provision)
E.5 FAR RFO 52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a Firm-Fixed-Price, Requirements contract resulting from this solicitation.
E.6 FAR RFO 52.233-2 SERVICE OF PROTEST (SEP 2006)
Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:
Hand-Carried Address:
Department of Veterans Affairs Office of Procurement, Acquisition, and Logistics Technology Acquisition Center 23 Christopher Way Eatontown, NJ 07724 Mailing Address:
Department of Veterans Affairs Office of Procurement, Acquisition, and Logistics Technology Acquisition Center 23 Christopher Way Eatontown, NJ 07724
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
E.7 FAR RFO 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS
REPRESENTATIONS AND CERTIFICATIONS (NOV 2025 DEVIATION)
(a) Definitions. As used in this provision-—
Backhaul, covered article, covered telecommunications equipment or services, critical technology, FASCSA order, Intelligence community, interconnection arrangements, national security system, roaming, sensitive compartmented information, sensitive compartmented information system, source, and substantial or essential component have the meanings provided in the clause 52.240-91, Security Prohibitions and Exclusions.
Business operations means engaging in commerce in any form, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.
Marginalized populations of Sudan means—
(1) Adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and Accountability Act (Pub. L. 109-344) (50 U.S.C. 1701 note); and
(2) Marginalized areas in Northern Sudan described in section 4(9) of such Act.
Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted under specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(…
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