ATTACHMENT D - SOLICITATION PROVISIONS -NX EQ SCANNING LASER OPTICAL BIOMETRY SYSTEM.pdf

36C10G26R0010 NX EQ SCANNING SYSTEMS LASER OPTICAL BIOMETRY

SYSTEM. Request for Quote

SECTION D – SOLICITATION PROVISIONS

D.1 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services (OCT 2025)

(a) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. As a minimum, offers shall include—

(1) The solicitation number;

(2) The name, address, telephone number of the Offeror;

(3) The Offeror’s Unique Entity Identifier (UEI) and, if applicable, Electronic Funds Transfer (EFT) indicator;

(4) Information necessary to evaluate the factors contained in the provision at 52.212-2 or as described in the solicitation;

(5) Responses to provisions that require Offeror completion of information, representations, and certifications (other than those collected via the System for Award Management (SAM)); and

(6) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and any solicitation amendments.

(b) 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.

(c) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers and any modifications or revisions to the Government office designated in the solicitation by the time specified in the solicitation.

(2) Any offer, modification, or revision received after the time specified for receipt of offers is “late” and will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition. However, a late modification of an otherwise successful offer that makes its terms more favorable to the Government will be considered at any time it is received and may be accepted.

(3) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(4) Offerors may withdraw their offers by written notice to the Government received at any time before award.

(d) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with Offerors. Therefore, the Offeror’s initial offer should contain the Offeror’s best terms. However, the Government reserves the right to conduct discussions, if necessary. The Government may reject any or all offers if such action is in the public interest, accept other than the lowest offer, and waive informalities and minor irregularities in offers received.

(e) Debriefings. If a postaward debriefing is given to requesting Offerors, the Government will disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed Offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful Offeror and the debriefed Offeror and past performance information on the debriefed Offeror.

(3) The overall ranking of all Offerors when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award.

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful Offeror.

(6) Reasonable responses to relevant questions posed by the debriefed Offeror as to whether the agency followed source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities.

(End of provision)

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS — COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES ITEMS

(MAR 2026)

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:

A. QUOTE SUBMISSION

1. INTRODUCTION: The Vendor’s Quote shall be submitted via email to Contract

Specialist at Lisa.thompson10@va.gov and Contracting Officer at Hosea.Berkley@va.gov. All Quotes shall be submitted no later than May 8, 2026, by 11:59 PM EST.

The Vendor’s Quote shall consist of the Five (5) volumes listed below. Each volume shall be submitted on a separate PDF or Excel document. One copy of each volume will be required.

a. Volume I: Technical

b. Volume II: Past Performance

c. Volume III: Veterans Preference

d. Volume IV: Price

e. Volume V: Offer, Amendments, and Certifications (*Remember to include VAAR clause 852.219-76 certification)

The use of hyperlinks is prohibited.

Quotes will be evaluated solely on the information contained in Quotes without reference to extraneous information.

WARNING: Please do not wait until the last minute to submit your Quotes. Late Quotes may not be accepted for evaluation. To avoid submission of late Quotes, the Government recommends the transmission of your Quote file 24 hours prior to the required Quote due date and time. Please be advised that timeliness is determined by the date and time an Offeror’s Quote is received by the Government not when an Offeror attempted transmission.

2. QUOTE FILES

a. Format: The submission shall be clearly indexed and logically assembled. Each volume 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. Quote page limitations are not applicable to this procurement. All files shall be submitted as either a Microsoft Excel File (.xls) or an Acrobat Portable Document Format (.pdf) or as compatible as indicated in the table. 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 (1”) inch 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 no smaller than eight (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, and headers and footers are not bound by the 12-point font requirement.

Footnotes to text shall not be added. All proprietary information shall be clearly and properly marked.

mailto:Lisa.thompson10@va.gov mailto:Jessica.smith32@va.gov

b. File Packaging: Do not compress (zip) Quote files. VA Network Security Operations Center (NSOC) has temporarily blocked email attachments with the “.zip” extension as a mitigation measure against the ongoing world-wide ransomware event impacting many organizations. During this time, .zip file extensions will be permanently stripped from email traffic and will not be recoverable. Due to VA email file size restrictions, vendors are encouraged to logically separate their Quote into separate emails. If this is necessary, offerors should attempt to contain complete volume within single email transmissions (and not split volumes). Vendors are encouraged to review and ensure that sufficient bandwidth is available on their end of the transmission.

c. Content Requirements: All information shall be confined to the appropriate file. The Vendor shall confine submissions to essential matters, sufficient to define the Quote and provide an adequate basis for evaluation. Vendors are responsible for including sufficient details, in a concise manner, to permit a complete and accurate evaluation of each Quote. The title requirements for each file are shown in the Table below.

d. Quotes submitted in response to this solicitation shall contain the following in separate volumes.

VOLUMES

# FACTORS FILE NAMES

Volume I Technical Your Company Name - Tech.pdf

Volume II Past Performance Your Company Name - PastPerformance.xls Volume III Veterans Preference Your Company Name - Vets.pdf Volume IV Price Your Company Name - Price.xls

Volume V

Offer, Amendments, and Certifications & Representations

Your Company Name - OfrRep.pdf

a. VOLUME I – TECHNICAL FACTOR:

Vendors shall provide descriptive literature which will be used to thoroughly evaluate each Quote to determine the extent to which it meets the Salient Characteristics (SCs) listed in the Combined Synopsis/Solicitation Notice. All the minimum SCs listed in the solicitation must be met to be considered eligible for award. Those Quotes which fail to meet all of the salient characteristics will be rated “Unacceptable” and will be ineligible for award. Additionally, offerors should provide descriptive literature which addresses the technical evaluation subfactors below.

Vendors are required to complete the highlighted area on the SCs Chart located on the Combined Synopsis/Solicitation document listing the location where compliance to the SCs can be found. The chart must be included with the vendor’s submission. Offers which do not include this complete chart will not be considered for award.

Vendor may propose any product solution or configuration so long as the solution quoted meets the SCs. Equivalent products being quoted in the Technical Volume must also be clearly identified in the Pricing Volume. Products quoted in the technical volume must be captured on – appear and correspond with the Offeror’s Pricing Volume (Attachment A - Price Cost Schedule of the solicitation).

Vendors may propose any additional ancillary products which they deem to be essential to the functionality of the quoted solution; these ancillary items must be quantified in the vendor’s pricing volume with an estimated quantity of zero (0).

Only Original Equipment Manufacturers (OEM) or equal parts are acceptable. Only new equipment is acceptable; no remanufactured, used/refurbished or "gray market" items.

No product in development shall be considered. All items must be covered by the manufacturer's warranty.

Distributors must be authorized as distributors/resellers as certified by the OEM (i.e., in OEM letter with a current date (within 30 days of Quote submission) and duly signed by OEM’s authorized representative) to be eligible for award. OEM letter must be submitted with Quote. Any Quote received without an OEM letter meeting the requirements will be ineligible for award. The OEM letter must be valid for the life of the contract.

Further, for each equal product, the offeror must include a description reflecting the SCs and level of quality that will satisfy the salient physical, functional, or performance characteristics of the equal product(s) specified in the solicitation. The offeror must also clearly identify the item by brand name (if any) and make/model number. Finally, the offeror must include descriptive literature, such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer and clearly describe any modifications it plans to make to a product to make it conform to the solicitation requirements No pricing should be included in Volume I.

b. VOLUME II – PAST PERFORMANCE

The offeror shall complete Attachment F Past Performance References in its entirety, listing a total of three contracts/orders for work performed in the past three years or currently being performed, for nationwide delivery of SCANNING SYSTEMS LASER OPTICAL BIOMETRY SYSTEM. The Government will make the determination of relevance (based on size, scope, and complexity of requirement).

Contracts/orders listed may include those entered into with the Federal Government, agencies of state and local governments and commercial concerns. Offerors may also submit past performance information regarding predecessor companies, key personnel who have relevant experience or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to the acquisition. For the purposes of this solicitation, a major subcontract is defined as 20% of the total contract effort. Data concerning the prime contractor shall be provided first, followed by each quoted major subcontractor, in alphabetical order.

Offerors shall indicate on Attachment F if there are Contractor Performance Assessment Reporting System (CPARS) report(s) available for each reference. In the event an assessment was not completed in CPARS for the contract/order, Offerors may request the reference point of contact (POC) to complete and submit a Past Performance Questionnaire (PPQ) (See Attachment G of this solicitation).

The Offeror shall instruct the POC at the referenced entity to return a copy of the completed PPQ directly to the Contracting Officer and the Contract Specialist at Lisa.thompson10@va.gov and Hosea.Berkley@va.gov NO LATER THAN THE CLOSING DATE OF THE SOLICITATION (inclusive of any closing date extensions granted via amendment). PPQs will only be evaluated for those contracts/orders that do not have a CPARS report available.

The Government is not required to contact references provided by the Offeror. Also, references other than those identified by the Offeror may be contacted by the Government to obtain additional information that will be used in the evaluation of the Offeror's past performance. The Government may consider past performance information obtained through other sources which is reasonably available and determined to be relevant. Past performance information obtained will be used for both the responsibility determination and best value decision.

Offerors shall indicate on Attachment F if they have no record of relevant or recent past performance.

c. VOLUME III – VETERANS PREFERENCE

For Service-Disabled Veteran-Owned Small Businesses (SDVOSB) and Veteran- Owned Small Businesses (VOSB): To receive credit as an SDVOSB or VOSB under this Factor, an offeror shall submit a statement of compliance that it qualifies as an SDVOSB or VOSB in accordance with VAAR 852.215-70, Service-Disabled Veteran- Owned and Veteran-Owned Small Business Evaluation Factors. SDVOSB and VOSB offerors are cautioned that they must be certified by the Small Business Administration (SBA) database (https://veterans.certify.sba.gov) and must meet federal small business size standards for the NAICS code assigned to this solicitation at time of both Quote submission and time of award.

For Non-SDVOSB/VOSB: To receive some consideration under this factor, an Offeror (prime Contractor) must state in this volume, the names of SDVOSB(s) and/or VOSB(s) with whom it intends to subcontract and provide a brief description and the approximate dollar values of the quoted subcontracts. Additionally, to receive some consideration under this factor, the quoted SDVOSB/VOSB subcontractors must be registered, and CVE verified in Small Business Administration (SBA) Certification (VetCert) database mailto:Jessica.Smith32@va.gov https://veterans.certify.sba.gov/.

d. VOLUME IV – PRICE FACTOR:

The Vendor shall complete Attachment A - Price Cost Schedule.

In order to maximize the VA’s buying power and leverage the best value for the taxpayer, the VA is seeking volume discounts. It is expected that as the output and scale of an operation increases, that the unit cost per item should decrease as fixed costs are spread over more units of output. The VA expects that a portion of these reduced costs be will passed-on and reflected in lower unit pricing.

Price Rounding Issue - The Government requires Vendors to propose unit prices and total prices that are two (2) decimal places and requires the unit prices and total prices to be displayed as two (2) decimal places. Ensure that the two (2) digit unit price multiplied by the item quantity equals the two (2) digit total item price (there should be no rounding).

If an Excel spreadsheet is submitted by the Vendor, the Vendor shall ensure that the actual values in the spreadsheet cells are no more than two (2) decimal places even if values in the spreadsheet cells are formatted to display two (2) decimal places.

The Government requests the Vendor provide prices, warranties, conditions, benefits, and terms that are at least equal to or more favorable than the prices, warranties, conditions, benefits, and terms quoted by the Vendor to any customers for the same or a substantially similar quantity and type of service.

e. VOLUME V – OFFER, AMENDMENTS, AND CERTIFICATIONS/REPRESENTATIONS

Certifications and Representations - An authorized official of the firm shall sign the offer sheet and all certifications requiring original signature. The offer sheet should be dated and submitted on letterhead stationery. An Acrobat PDF file shall be created to capture the signatures for submission.

At a minimum the offer sheet shall contain the following:

a. Solicitation Number;

b. Acknowledgement of Amendments, if any;

c. The name, address, and telephone number of the Offeror

d. Tax Identification Number (TIN)

e. Unique Entity Identity (UEI) Number / DUNS Number / Cage Code

f. Point of Contact for submission of orders if awarded contract

g. Authorized Distributor Letter certified by OEM with current date

h. Offeror shall submit representations and certifications IAW FAR 52.209-2, 52.209-5, 52.209-7 and 52.209-11 if not completed in SAM

i. Complete FAR 52.225-6 provision https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fveterans.certify.sba.gov%2F&data=05%7C01%7C%7Cd902698be66d4f0a12a308db2fc0b2b4%7Ce95f1b23abaf45ee821db7ab251ab3bf%7C0%7C0%7C638156276957079289%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=FtQtOQT2eRyV6mk9lJloPmtwLbtrCQPKbnLb5BclWsQ%3D&reserved=0

i. Period for acceptance of offers. The Offeror agrees to hold the prices in its Quote firm for 90 calendar days from the date specified for receipt of Quotes unless another time period is specified in an addendum to the solicitation

j. A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offerors that fail to furnish required representations or information or reject the terms and conditions of the solicitation may be excluded from consideration.

k. All certified HUBZone small business concerns are required to identify themselves and state whether they elect to waive the evaluation preference.

Offerors are hereby advised that any Offeror-imposed terms and conditions and/or assumptions which deviate from the Government’s material terms and conditions established by the Solicitation, may render the Offeror’s Quote Unacceptable, and thus ineligible for award.

Any questions regarding this Request for Quote (RFP) shall be addressed in writing to Contract Specialist at Lisa.thompson10@va.gov and Contracting Officer at Hosea.Berkley@va.gov no later than April 22, 2026, by 11:59 PM EST. No calls will be accepted.

D.2 52.212-2 EVALUATION—COMMERCIAL ITEMS (NOV 2025)

(a) Evaluation factors. The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors will be used to evaluate offers:

The Technical Factor is significantly more important than Past Performance. The Past Performance Factor is slightly more important than the Veterans Preference Factor.

When combined, the non-price factors are significantly more important than price.

(b) Options (if applicable).

The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. The evaluation of options does not obligate the Government to exercise the option(s).

(c) Notice of award. A written notice of award or acceptance of an offer furnished to the successful Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

mailto:Jessica.smith32@va.gov

(End of provision)

The following provisions are incorporated into 52.212-2 as an addendum to this solicitation:

A. BASIS FOR AWARD

Award will be made to the responsible Offeror whose Quote conforms to the solicitation, and which represents the best value to the Government, with consideration given to the following evaluation factors: Technical, Past Performance, Veterans Preference and Price. The Technical factor is significantly more important than the Past Performance factor, which is slightly more important than the Veterans Preference factor. The non-price factors when combined are significantly more important than the Price.

To receive consideration for award, a rating of no less than Acceptable must be achieved for the Technical Factor. To be considered eligible for award, all of the salient characteristics (SCs) listed in the Combined Synopsis/Solicitation Notice must be met.

Offerors failing to demonstrate compliance with the salient characteristics in the technical volume will not receive further evaluation. Offerors are cautioned that the award may not necessarily be made to the lowest priced Quote or the most highly rated technical Quote. The Government intends to award one (1) contract. Those Quotes which fail to meet the requirements of the solicitation and all salient characteristics will be ineligible for award.

B. FACTORS TO BE EVALUATED

1. Technical

2. Past Performance

3. Veterans Preference

4. Price

3. EVALUATION APPROACH

A. TECHNICAL EVALUATION APPROACH. All Quotes shall be subject to evaluation by a team of Government personnel. The Government reserves the right to award without negotiations based upon the initial evaluation of Quotes.

The Quote will be evaluated strictly in accordance with its written content. Quotes which merely restate the requirement or state that the requirement will be met, without providing supporting rationale, are not sufficient.

Descriptive literature will be used to thoroughly evaluate each Quote to determine the extent to which it meets the salient characteristics listed in the Combined Synopsis/Solicitation Notice Product Description. Those meeting the salient characteristics will then be further evaluated using the subfactors below and an overall adjectival rating will be assigned based upon the strengths and weaknesses observed.

Offerors may propose an alternative contract line-item number (CLIN) structure IAW FAR 4.1003 and 4.1004. Offerors may also propose any product solution or configuration so long as they meet the salient characteristics. Products proposed in the technical volume must appear on and correspond with the Offeror’s pricing volume (Attachment A - Price Cost Schedule - Sterilizing Units: Steam).

Offerors may propose any additional ancillary products which they deem to be essential to the functionality of the proposed solution; these ancillary items must be quantified in the Offeror’s pricing volume with an estimated quantity of zero (0).

Only new equipment is acceptable; no remanufactured or "gray market" items.

No product in development shall be considered. All items must be covered by the manufacturer's warranty.

Distributors must be authorized distributors/resellers as certified by the Original Equipment Manufacturer (OEM) (i.e., OEM letter dated within 12 months of the solicitation close date and duly signed by OEM’s authorized representative) to be eligible for award. The OEM letter must be valid for the life of the contract. Failure to include the OEM letter with the Offer will render the Offer non-compliant and will not be considered for award.

Technical Quotes must demonstrate the offeror’s ability to meet all salient characteristics listed in the Combined Synopsis/Solicitation Notice Product Description Salient Characteristics chart. Offerors must include the completed Salient Characteristic chart located [please include the volume and page number where chart is located] indicating where compliance with the salient characteristics can be found in their literature. Quotes that fail to meet all salient characteristics or fail to return the completed chart will be rated unacceptable and ineligible for award.

In addition to meeting or exceeding the minimum salient characteristics listed in the Combined Synopsis/Solicitation, the evaluation process will consider the following technical subfactors and assign an adjectival rating:

Design (design features and functions of the offered device will be evaluated. Areas include but are not limited to the following)

- Types of devices that the biometry will communicate/interface with

- Ability to use previously stored data to compare results over time

- User interface features and ease of use

Performance (performance features and functions of the offered device will be evaluated. Areas include but are not limited to the following)

- Quantity and quality of fixation controls (compensate for patient motion)

- Modalities (methods) to calculate Intraocular lens power (i.e. light, ultrasound, LASER)

- Types and duration of testing modalities

- Ability to determine refractive error

- Ability to provide remote access to data/reports and images, other than at the device itself, immediately upon completion of the test.

Support

- Warranty terms and conditions

- Service plan terms and conditions

B. Past Performance Evaluation

Past performance evaluations will be conducted to determine the extent to which the offeror’s past performance demonstrates the likelihood of successful performance in providing requirements similar in size (overall contract value), scope (range of work involved), and complexity (challenges presented) to this solicitation.

The Government will consider recent (defined as Contracts/BPAs/Orders performed within the last three years) and relevant (based on size, scope, and complexity to this requirement) past performance. First, the Government will evaluate the offeror’s recent past performance to determine its relevance. . Relevant past performance will be given greater weight than Somewhat Relevant past performance and reflected in the overall past performance rating.

Next, the Government will evaluate the offeror’s past performance to determine how well the offeror performed on the contracts and assign a performance confidence rating.

Past performance information may be obtained from any other sources available to the Government, to include, but not limited to, Past Performance Questionnaires (PPQs) received, the written narrative provided by offerors, and other Government sources which may include Contractor Performance Assessment Reporting System (CPARS), the CO’s knowledge of and previous experience with the supply, or any other reasonable basis. The Government may use present and/or past performance data obtained from a variety of sources, not just those contracts identified by the contractor.

No relevant or recent past performance, as indicated on Attachment F or based on the determination of relevance by the Government, will be considered neutral and the Offeror may not be evaluated favorably or unfavorably..

The Government will consider past performance for the proposed prime contractor to be significantly more important than past performance submitted for any other member of the contractor structure. For the purposes of evaluating prime contractor past performance, the prime contractor is defined as the primary contractor for the project.

Projects performed by contractors other than the Offeror, such as teaming partners or subcontractors, will not be evaluated as prime contractor past performance, unless those other contractors are part of a joint venture contractor as demonstrated by a signed joint venture agreement. Areas to be evaluated may include, but are not limited to, quality of product or service, timeliness of performance or adherence to delivery schedules. It is incumbent upon the contractors to explain the relevance of the data provided.

No relevant or recent past performance, as indicated on Attachment F or based on the determination of relevance by the Government, will be considered neutral.

C. Veterans Preferences

In accordance with Veterans Affairs Acquisition Regulation (VAAR) 852.215-70 SDVOSB and VOSB Evaluation Factors, the Government will assign evaluation credit for an Offeror (prime contractor) which is a SDVOSB or a VOSB as indicated below.

Non - SDVOSB/VOSB Offerors proposing to subcontract with SDVOSB/VOSBs may receive some consideration as indicated below. To receive credit, an SDVOSB/VOSB must be registered and verified by the SBA database (https://veterans.certify.sba.gov/) and must meet federal small business size standards for the NAICS code assigned to this solicitation at time of both Quote submission and at time of award.

The following rating definitions will be utilized in the evaluation of the Veterans Involvement Factor:

a. Full Credit — The Offeror is properly registered and certified by the SBA database (https://veterans.certify.sba.gov/) as an SDVOSB and must meet federal small business size standards for the NAICS code assigned to this solicitation at time of both Quote submission and time of award.

b. Partial Credit — The Offeror is properly registered and certified by the SBA database (https://veterans.certify.sba.gov/) as an VOSB and must meet federal small business size standards for the NAICS code assigned to this solicitation at time of both Quote submission and time of award.

c. Some Consideration — The non-SDVOSB/VOSB Offeror is proposing to subcontract a minimum of 7% of the total contract value proposed with SDVOSB(s) and/or a minimum of 10% of the total contract value proposed with VOSB(s), has provided a name of the SDVOSB(s) and/or VOSB(s), a brief description of the work they are to perform and the approximate dollar values of the proposed subcontracts. Proposed SDVOSB/VOSB subcontractors are registered and certified by the SBA database (https://veterans.certify.sba.gov/) and must meet federal small business size standards for the NAICS code assigned to this solicitation at time of both Quote submission and time of award.

d. No Credit — The Offeror does not qualify for any credit as described above.

https://veterans.certify.sba.gov/

Also note that the Government requires the offeror to honor the evaluation factor commitment to the SDVOSB/VOSB concern throughout the life of the contract or to substitute one or more SDVOSB/VOSB businesses for subcontract work of the same or similar value (percentage).

D. Price Evaluation

Price will not be evaluated adjectively or assigned a score. The Government will conduct a price analysis to evaluate price reasonableness IAW FAR 15.404-1(b) based on Attachment A - Price Cost Schedule - NX EQ NX EQ SCANNING SYSTEMS LASER OPTICAL BIOMETRY SYSTEM of the solicitation. All total proposed unit prices for each CLIN (inclusive of option periods) will be added for a total cost for evaluation purposes.

Reasonableness may be determined based on pricing information submitted with the Offeror’s Quote and by comparison of:

1) competitive offers received in response to the solicitation;

2) proposed prices against the IGCE; or

3) any other price analysis technique authorized in FAR 15.404-1(b).

Each CLIN will be evaluated using the estimated quantities provided in Attachment A - Price Cost Schedule - NX EQ NX EQ SCANNING SYSTEMS LASER OPTICAL BIOMETRY SYSTEM of the solicitation. The Total Proposed Cost will be the aggregate sum of all CLINs for the entire period of performance. Evaluation of options shall not obligate the Government to exercise the option(s). The Service Level Agreement (SLA) fee of 3% shall be included in the total proposed unit price.

Specifically, the Government will use the “Total Proposed Price” for evaluation purposes. Total Evaluated Cost will be calculated as follows:

Example:

CLIN 0001 CLIN 0002

UOM = EA UOM = EA

Proposed Unit Price = $60.00 Proposed Unit Price = $45.00 SLA Fee 3% = $1.80 SLA Fee 3% = $1.35 Total Proposed Unit Price = $61.80 Total Proposed Unit Price = $46.35 Estimated Qty = 2 Estimated Qty = 4

CLIN 0001: $61.80 x 2 = $123.60 CLIN 0002: $46.25 x 4 = $185.00 Total Evaluated Cost = $308.60

The proposed firm-fixed unit prices will be binding and incorporated in the resultant contract and utilized for all future orders placed during the term of the contract. The estimated quantities listed in Attachment A, Price Cost Schedule of the solicitation are listed for informational and evaluation purposes only and do not obligate the Government to purchase such quantity nor does the Government guarantee any volume of purchases through this contract. Based on the anticipated volume of orders to be issued under this contract, Offerors are strongly encouraged to provide additional discounts and price reductions from their list prices.

In addition, if a quote is received from a Small Business Administration (SBA) certified HUBZone small business concern, quotes will be evaluated IAW FAR 52.219-4 by adding a factor of 10 percent to the price of all quotes, except—

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise, successful offers from small business concerns.

Unbalanced Pricing - The Government may evaluate whether the Offeror has submitted unbalanced pricing. An unbalanced price is one where the price of one or more contract line items is significantly overstated or understated and which will result in the Government paying an unreasonably high price for contract performance or otherwise presenting an unacceptable level of risk to the Government. If the Contracting Officer determines that the risk is unacceptable, then the bid or offer can be rejected.

SUBCONTRACTING PLAN REQUIREMENTS

The Contracting Officer may require the submission of a subcontracting plan at any time prior to award from only the apparently successful offeror. If the apparently successful Offeror fails to negotiate a subcontracting plan acceptable to the Contracting Officer within the time limit prescribed by the Contracting Officer, the Offeror will be ineligible for award.

Only the apparently successful Offerors subcontracting plan will be evaluated. The subcontracting plan will be evaluated as follows:

Acceptable

Subcontracting Plan is submitted and is in accordance with FAR 52.219-9 that addresses all elements of FAR Part 19.704(a).

Unacceptable

Subcontracting Plan is not submitted and/or is not in accordance with FAR 52.219-9 and does not address all elements of FAR Part 19.704(a).

(End of Addendum to 52.212-2)

D.3 52.209-2 Prohibition on Contracting With Inverted Domestic Corporations- Representation. (NOV 2025)

(a) Definitions. As used in this clause— Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Subsidiary means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-3(b) applies or the requirement is waived in accordance with the procedures at 9.108-5.

(c) Representation. The Offeror represents that-

(1) It □ is, □ is not an inverted domestic corporation; and

(2) It □ is, □ is not a subsidiary of an inverted domestic corporation.

D.4 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS

(DEVIATION NOV 2025)

(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, quoted 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.

D.5 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS

(DEVIATION NOV 2025)

(a) Definitions. As used in this provision—

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal 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 □ has □ does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in–

(A) The payment of a monetary fine or penalty of $5,000 or more;

or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204- 7).

(End of Provision)

D.6 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING

DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL

LAW (DEVIATION NOV 2025)

(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– https://www.sam.gov/ https://www.acquisition.gov/content/52204-7-system-award-management#i1063838 https://www.acquisition.gov/content/52204-7-system-award-management#i1063838

(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) (2) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

D.7 52.216-1 TYPE OF CONTRACT (NOV 2025)

The Government contemplates award of a Firm Fixed Price Requirements contract resulting from this solicitation.

D.8 52.225-6 TRADE AGREEMENTS CERTIFICATE (FEB 2021)

(a) The offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements."

(b) The offeror shall list as other end products those supplies that are not U.S.-made or designated country end products.

Other End Products

Line item No. Country of origin

[List as necessary]

(c) The Government will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal Acquisition Regulation. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for those products are insufficient to fulfill the requirements of this solicitation.

D.9 52.233-2 SERVICE OF PROTEST (Deviation NOV 2025)

(a) Protests, (as defined in FAR 33.102), that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), must be served on the Contracting Officer identified in the solicitation by obtaining written and dated acknowledgment of receipt from:

Email Address:

VASACDirectorateC@va.gov

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

D.10 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):

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part- 52#FAR_52_252_1 (FAR) and http://www.va.gov/oal/library/vaar/index.asp (VAAR)

FAR/VAAR

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

CONFIDENTIALITY AGREEMENTS OR

STATEMENTS-REPRESENTATION

JAN 2017

mailto:VASACDirectorateC@va.gov https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_252_1 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_252_1 http://www.va.gov/oal/library/vaar/index.asp

52.204-5 WOMAN - OWNED BUSINESS (OTHER THAN SMALL

BUSINESS)

OCT 2014

52.204-7 SYSTEM FOR AWARD MANAGEMENT—

REGISTRATION

DEVIATION

NOV 2025

52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

DEVIATION

NOV 2025

52.217-5 EVALUATIONS OF OPTIONS (DEVIATION OCT 2025) DEVIATION

OCT 2025

52.225-18 PLACE OF MANUFACTURE AUG 2018

852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE

RESOLUTION

SEP 2018

852.233-71 ALTERNATE PROTEST PROCEDURE SEP 2018

52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS

REPRESENTATIONS AND CERTIFICATIONS

DEVIATION

AUG 2025

852.273-70 LATE OFFERS NOV 2021

852.273-74 AWARD WITHOUT EXCHANGES NOV 2021

(End of Provisions)

***In addition to filling out and submitting with its Quote, the Offeror shall provide a complete and current PDF copy of its SAMs registration, see www.sam.gov.