36C24726Q0644.docx

36C24726Q0644

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

534-26-3-2054-2251 36C24726Q0644 06-26-2026 Quincy Alexander 334-725-2819 07-07-2026 12pm

EDT

Department of Veterans Affairs Central Alabama Veterans Health Care 215 Perry Hill Road Montgomery

AL

36109-3798 X X 339112

NET 30

N/A X Ralph H. Johnson VA Health Care System 109 Bee Street Charleston, SC 29401

Department of Veterans Affairs Central Alabama Health Care System East Campus 2400 Hospital Road Tuskegee

AL

36083-5001

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin

TX

78714-9971 See CONTINUATION Page See Schedule See CONTINUATION Page x Quincy Alexander Contract Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

INTENTIONALLY LEFT BLANK

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C247 Quincy Alexander

Central Alabama Veterans Health Care

215 Perry Hill Road Montgomery AL 36109-3798

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

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

STATEMENT OF WORK

Project Title Procurement of Sterilization Container Systems and Related Trays/Baskets for Ralph H. Johnson VA Health Care System

1. Background This Statement of Work (SOW) covers procurement of Aesculap Sterilization Container Systems and related accessories identified for use at the Ralph H. Johnson VA Health Care System, 109 Bee Street, Charleston, SC 29401.

The facility currently utilizes an Aesculap Sterile Container platform, including OEM Aesculap containers, lids, filters, and trays, as the standard rigid container system for Sterile Processing Service (SPS). Any reseller of their product must produce an authorized letter giving their right to resell OEM product when submitting a quote. This procurement is intended to expand and standardize that existing OEM Aesculap system and to address SPS operational and compliance needs. It also supports corrective actions from a VISN-level SPS inspection finding related to labels and stickers on rigid containers and damaged containers that need to be replaced. All available Aesculap items that are on the VA Medical/Surgical Prime Vendor contract 36C10X25N0014 (Medline) are being procured separately through the Prime Vendor. This SOW applies only to the OEM Aesculap Steril Container items that are not available on the Prime Vendor contract and therefore must be acquired on an open-market or FSS basis. new Aesculap OEM products only and explicitly excludes refurbished items, gray-market products, third-party equivalents, or non-Aesculap components where mixing would void OEM validation or compromise compatibility. This constitutes a brand-name requirement because the containers, lids, baskets, trays, H2O2-compatible components, and barcode labels must match the Aesculap part numbers, dimensions, sterilization validations, and instructions for use already in use at RHJVAHCS; alternate brands would require parallel container and filter platforms, new validation studies, revised procedures, staff retraining, and additional inventory, resulting in substantial duplication of cost and delays that are not expected to be recovered through similar products.

2. Objective The objective is to standardize and expand SPS container and tray capacity by purchasing the Aesculap items. These items include specific OEM Aesculap container bottoms, module and wide-body components, perforated baskets, dental containers and trays, scope trays, and H2O2-compatible mini container lids required to maintain compatibility with the existing Aesculap SterilContainer platform and to replace damaged containers as identified during the VISN inspection.

3. Scope The contractor shall furnish all items and quantities. The scope includes, but is not limited to, the following OEM Aesculap components in the quantities and configurations specified:

- Half-size and three-quarter-size container bottoms and full-size rigid containers for three-level racks.

- Extra-long container bottoms and associated perforated baskets

- Module and wide-body bottoms, lids, and perforated baskets

- Dental container bottoms and trays

- SterilContainer S2 H2O2-compatible container bottoms

- Scope trays and H2O2 mini/XL-mini container lids All items shall be new OEM Aesculap products, with no refurbished, gray-market, or non-OEM equivalents accepted. Item descriptions, part numbers, and quantities shall match equipment already being used at the facility.

Aesculap items that are available on the Medline Medical/Surgical Prime Vendor contract 36C10X25N0014 are being procured through the Prime Vendor and are not part of this action.

4. Contractor Requirements The contractor shall provide only new OEM Aesculap SterilContainer products as specified, with standard OEM warranty. Line item descriptions, part numbers, quantities, and pricing shall match the awarded quote. Any substitutions or changes must be approved in writing by the Contracting Officer prior to shipment.

The contractor shall be an authorized distributor for Aesculap and shall provide documentation upon request demonstrating authorization to sell OEM Aesculap SterilContainer products to the Department of Veterans Affairs.

5. Deliverables and Place of Delivery The contractor shall deliver all items to:

Ralph H. Johnson VA Health Care System Attn: Timothy Forepaugh, Administrative Officer, SPS (Room AA324) 109 Bee Street Charleston, SC 29401 Phone: 843-789-6155

Deliveries shall occur during normal business hours (Monday–Friday, 7:30 a.m. to 4:00 p.m., excluding federal holidays), FOB Destination. All items shall be delivered in original OEM packaging, clearly labeled with the VA purchase order number and line item identifiers to facilitate receiving and inventory.

Standard manufacturer documentation and warranty information customarily supplied with these products, including instructions for use (IFUs), shall be included with the shipment or provided electronically.

6. Period of Performance / Delivery Schedule Performance begins upon award and continues through complete delivery and Government acceptance. Unless otherwise specified at award, delivery is requested within 60 calendar days after receipt of order (ARO).

7. Inspection and Acceptance The Government will inspect items at destination for correct part number, description, quantity, condition, and conformance with the awarded line items. Any discrepancies (e.g., damage, incorrect items, or shortages) will be documented via a supply discrepancy report and corrected by the contractor at no additional cost to the Government.

Acceptance occurs after verification that all deliveries conform to the awarded quote and that all discrepancies, if any, are resolved to the satisfaction of the Government.

8. Salient Characteristics Aesculap Sterilization Container Systems and Trays

All offered products must meet or exceed the following minimum salient characteristics. All items must be new, OEM Aesculap products; refurbished, gray-market, or third-party equivalents are not acceptable.

1. General system requirements

- System must have rigid sterilization containers, lids, and baskets specifically designed for use in hospital sterile processing environments.

- System must have compatibility with steam and, where specified, low-temperature H2O2 sterilization cycles per Aesculap SterilContainer S/S2 indications for use.

- System must have reusable aluminum or stainless steel construction suitable for repeated cleaning, disinfection, and sterilization without functional degradation.

- System must have OEM manufacturer instructions for use (IFU) covering reprocessing, sterilization parameters, weight limits, and stacking guidelines.

2. Container sizes and configurations

- System must have half-size, three-quarter-size, full-size, and extra-long container bottoms corresponding to items in this solicitation.

- System must have matching lids with filter retention plates for each container footprint and height, including full-size, three-quarter-size, half-size, extra-long, wide body, and mini lids

- System must have SterilContainer S2 H2O2-compatible container bottoms and lids in half-size, three-quarter-size, and full-size configurations

3. Baskets, trays, and internal organization

- System must have perforated baskets sized to fit the corresponding container footprints and heights, including half-size, three-quarter-size, full-size, extra-long, wide body, mini, and scope baskets/trays

- Baskets and trays must have perforation patterns that allow effective cleaning and sterilant penetration while securely holding surgical instruments during processing and transport.

- Scope trays must have design features to support and protect flexible or rigid scopes during reprocessing and storage

4. Mini and dental containers

- System must have mini and dental container bottoms and lids compatible with Aesculap mini-size and dental trays

- Mini and dental containers must have integrated or attachable hangers for use in low-temperature sterilization where specified.

5. Identification and labeling

- System must have barcode identification labels compatible with Aesculap containers for instrument set tracking

- Labels must have dimensions approximately 89 mm x 30 mm x 10 mm and must be suitable for durable attachment to Aesculap containers for automated tracking.

6. Compatibility and integration

- All containers, lids, baskets, and accessories must have full compatibility within the Aesculap system family; mixing with non-Aesculap components is not acceptable where it would void OEM validation.

- All items must have compatibility with existing Aesculap SterilContainer inventory currently in use at Ralph H. Johnson VA Health Care System for the same series and size

7. Regulatory and quality requirements

- Products must have OEM design and intended use that support compliance with VHA sterile processing and supply chain directives and industry standards for sterilization container systems.

- Products must have manufacturer validation for the indicated sterilization modalities (steam and, where specified, low-temperature H2O2) and be suitable for use in a hospital surgical/sterile processing environment.

9. Special Remarks

- All Aesculap SterilContainer items that are available on Medline Medical/Surgical Prime Vendor contract 36C10X25N0014 are being procured through the Prime Vendor contract and are not included in this action.

- The Government’s intent is to maintain and expand a single OEM Aesculap SterilContainer platform; contracting shall not substitute alternate brands or non-authorized distributors for the items in this SOW.

9. Basis of Order The basis of order is any resulting VA purchase order/contract will incorporate this SOW and the awarded quote.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

BOTTOM,1/2 CONTAINER,135MM

MANUFACTURER PART NUMBER (MPN): JK342

LOCAL STOCK NUMBER: JK342

HALF-SIZE RIGID CONTAINER FOR 3 LEVEL RACK

LOCAL STOCK NUMBER: JK346

BOTTOM,CONTAINER,FOR 3/4 187MM

MANUFACTURER PART NUMBER (MPN): 1046182

LOCAL STOCK NUMBER: 1046182

BOTTOM,CONTAINER,FOR 3/4 187MM

MANUFACTURER PART NUMBER (MPN): 1046182

LOCAL STOCK NUMBER: 1046182

CONTAINER,RIGID,3-LEVEL STACK,FULL-SIZE

LOCAL STOCK NUMBER: JK446

EXTRA LONG CONTAINER BOTTOM 120MM

LOCAL STOCK NUMBER: JK443

EXTRA LONG-SIZE PERF BASKET

LOCAL STOCK NUMBER: JF232R

BASKET,EXTRA-LONG-SIZE,PERF 86MM

LOCAL STOCK NUMBER: JF236R

CONTAINER,BOTTOM MODULE,589X363X107MM

MANUFACTURER PART NUMBER (MPN): JK817

LOCAL STOCK NUMBER: JK817

CONTAINER,BOTTOM MODULE,589X363X167MM

LOCAL STOCK NUMBER: JK821

BASKET,PERF WIDE BODY,540X344X74MM

MANUFACTURER PART NUMBER (MPN): JF833R

LOCAL STOCK NUMBER: JF833R

CONTAINER,LID WIDE BODY

MANUFACTURER PART NUMBER (MPN): JE601

LOCAL STOCK NUMBER: JE601

CONTAINER,BOTTOM DENTAL JN095

MANUFACTURER PART NUMBER (MPN): JN089

LOCAL STOCK NUMBER: JN089

BASKET 1/4 PERF FOR JN095

LOCAL STOCK NUMBER: JG285R

CONTAINER,BOTTOM,PERFOR H133MM,H202,S2-1/2

LOCAL STOCK NUMBER: JS342

CONTAINER,BOTTOM,PERFOR H133MM H202, S2 3/4

LOCAL STOCK NUMBER: JS742

SCOPE TRA 500X132X41MM FOR 1 SCOPE

MANUFACTURER PART NUMBER (MPN): JF428R

LOCAL STOCK NUMBER: JF428R

XL-MINI CONT.LID W/HANGER ANOD.SILVER

LOCAL STOCK NUMBER: MD153

CONTAINER,LID,MINI,W/HANGER NON-ANODIZED

LOCAL STOCK NUMBER: MD150

B.3 DELIVERY SCHEDULE

32.00

1.00

9.00

3.00

9.00

6.00

6.00

5.00

4.00

2.00

6.00

6.00

90.00

90.00

2.00

11.00

41.00

41.00

5.00

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 FSS RFQ INTRODUCTORY LANGUAGE

The terms and conditions of the contractor's FSS contract (including any contract modifications) apply to all Blanket Purchase Agreements (BPA) and task or delivery orders issued under the contract as a result of this RFQ. When a lower price has been established, or when the delivery terms, FOB terms, or ordering requirements have been modified by the BPA or task/delivery order, those modified terms will apply to all purchases made pursuant to it and take precedence over the FSS contract. Any unique terms and conditions of a BPA or order issued under the contract that are not a part of the applicable FSS contract will govern. In the event of an inconsistency between the terms and conditions of a BPA or task/delivery order and the Contractor's FSS terms, other than those identified above, the terms of the FSS contract will take precedence.

C.2 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

(a) The Contractor shall conform to the standards established by: as to .

(b) The Contractor shall submit proof of conformance to the standard. This proof may be a label or seal affixed to the equipment or supplies, warranting that the item(s) have been tested in accordance with the standards and meet the contract requirement. Proof may also be furnished by the organization listed above certifying that the item(s) furnished have been tested in accordance with and conform to the specified standards.

(c) Offerors may obtain the standards cited in this provision by submitting a request, including the solicitation number, title and number of the publication to:

(d) The offeror shall contact the Contracting Officer if response is not received within two weeks of the request.

(End of Clause) C.3 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

(a) Definition. for the Department of Veterans Affairs, ‘‘Service-disabled Veteran-owned small business concern or SDVOSB’’:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.201, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.

(2) The term ‘‘Service-disabled Veteran’’ means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term ‘‘small business concern owned and controlled by Veterans with service-connected disabilities’’ has the meaning given the term ‘‘small business concern owned and controlled by service-disabled veterans’’ under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)).

(5) The term “SDVOSB participant” or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102).

(b) General. In order for a concern to submit an offer and be eligible for the award of an SDVOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be listed as an SDVOSB participant in the SBA certification database as set forth in 13 CFR 128.

(1) Offers received from entities that are not certified SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a certified SDVOSB listed in the SBA certification database who is eligible at the time of submission of offer(s) and at the time of award.

(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only certified SDVOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible and certified SDVOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70.

(d) Agreement/LOS certification. When awarded a contract action, including orders under multipleaward contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size, and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting (LOS) requirements in 13 CFR 121.406(b) and 13 CFR 125.6. For the purpose of limitations on subcontracting, only certified SDVOSBs listed in the SBA certification database (including independent contractors) shall be considered eligible and/or ‘‘similarly situated’’ (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required LOS certification requirements in this solicitation (see 852.219–75 or 852.219–76 as applicable). These requirements are summarized as follows:

(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not certified SDVOSBs listed in the SBA certification database (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/ VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases). When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(2) Supplies/products.

(i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(ii) In the case of a contract for supplies from a non-manufacturer, the SDVOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted. Refer to 13 CFR 125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.

(3) General construction. In the case of a contract for general construction, the SDVOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database.

(4) Special trade construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, may be paid to firms that are not certified SDVOSBs listed in the SBA certification database.

(5) Subcontracting. An SDVOSB subcontractor must meet the NAICS size standard assigned by the prime contractor and be certified and listed in the SBA certification database to count as similarly situated. Any work that a first tier SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13 CFR 125.6.

(e) Required limitations on subcontracting compliance measurement period. An SDVOSB shall comply with the limitations on subcontracting as follows:

[] By the end of the base term of the contract or order, and then by the end of each subsequent option period; or [X] By the end of the performance period for each order issued under the contract.

(f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture complies with the requirements in 13 CFR 128.402 and the managing joint venture partner makes the representations under paragraph (c) of this clause. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

(g) Precedence. The VA Veterans First Contracting Program, as defined in VAAR 802.101, subpart 819.70, and this clause, takes precedence over any inconsistencies between the requirements of the SBA Veteran Small Business Certification Program and the VA Veterans First Contracting Program.

(h) Misrepresentation. Pursuant to 38 U.S.C. 8127(g), any business concern, including all its principals, that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB status is subject to debarment from contracting with the Department for a period of not less than five years (see VAAR 809.406–2 Causes for Debarment).

(End of Clause) C.4 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (JAN 2023) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(l)(2), the offeror certifies that—

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

(i) [ ] In the case of a contract for supplies or products (other than from a nonmanufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(ii) [ ] In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) is granted. The offeror understands that, as provided in 13 CFR 121.406(b)(7), such a waiver has no effect on requirements external to the Small Business Act, such as the Buy American Act or the Trade Agreements Act.

(2) Manufacturer or nonmanufacturer representation and certification.

(i) [ ] Manufacturer or producer. The offeror certifies that it is the manufacturer or producer of the end item being procured, and the end item is manufactured or produced in the United States, in accordance with paragraph (a)(1)(i).

(ii) [ ] Nonmanufacturer. The offeror certifies that it qualifies as a nonmanufacturer in accordance with the requirements of 13 CFR 121.406(b) and paragraph (a)(1)(ii). The offeror further certifies it meets each element below as required in order to qualify as a nonmanufacturer.

[ ] The offeror certifies that it does not exceed 500 employees (or 150 employees for the Information Technology Value Added Reseller exception to NAICS code 541519, which is found at 13 CFR 121.201, footnote 18).

[ ] The offeror certifies that it is primarily engaged in the retail or wholesale trade and normally sells the type of item being supplied.

[ ] The offeror certifies that it will take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice.

(3) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(4) If VA determines that an SDVOSB/ VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and

(iii) Prosecution for violating 18 U.S.C. 1001.

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract or to determine whether the offeror qualifies as a manufacturer or nonmanufacturer in compliance with the limitations on subcontracting requirement. Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification I hereby certify that if awarded the contract, _______ will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of ______.

Printed Name of Signee: ___________ Printed Title of Signee: _____________ Signature: ____________ Date: ______________ Company Name and Address: _______________ (End of Clause)

C.5 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

Shipment of deliverable items, other than reports, shall be to:

Ralph H. Johnson VA Health Care System 109 Bee Street Charleston, SC 29401

(End of Clause)

C.6 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

Material shall be packed for shipment in such a manner that will insure acceptance by common carriers and safe delivery at destination. Containers and closures shall comply with regulations of carriers as applicable to the mode of transportation.

(End of Clause)

C.7 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):

(End of Clause)

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SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

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SECTION E - SOLICITATION PROVISIONS

E.1 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

(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:

This is a Lowest Price Technically Acceptable (LPTA) To be considered offer(s) must be a revified SDVOSB on or before closing of this solicitation.

Offer must be exact to NOT void OEM validation or compromise compatibility.

(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.

(End of Provision)

E.2 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):

(End of Provision)

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