36C25026Q0361 - Combined Synopsis - HVAC Replacement Chillers.pdf
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- HVAC Replacement Chillers Federal contract opportunity
- Solicitation number
- 36C25026Q0361
About this file
This is a Combined Synopsis/Solicitation (RFQ 36C25026Q0361) issued by the Department of Veterans Affairs for the Chillicothe VA Medical Center seeking to procure eight air-cooled chillers for HVAC replacement. The solicitation is unrestricted and prepared under FAR Subpart 12.2 for commercial products and services using simplified acquisition procedures.
The requirement consists of six 125–130-ton chillers rated for 200 volts and two chillers rated for 460 volts, all of which must be high efficiency/high performance, 3-phase/60 hertz, packaged units that are UL/CUL listed, ASHRAE 90.1/CSA C743 compliant, and AHRI certified. Detailed technical specifications are provided for compressors (hermetic sealed scroll type with internal overload protection), evaporators (braze plate style with freeze protection and minimum 236.7 gallons per minute design flow), condensers (high ambient application with lanced aluminum fins and minimum 73,063 cfm air flow), and refrigerant systems (R454B with dual refrigeration circuits). The units must include variable speed drive fans, weatherproof outdoor-rated controls, galvanized steel frames with powder-coated finishes, and must comply with the Buy American Act. All quoters must submit pricing documentation, Buy American Certificates, warranty details, delivery timeframes, and authorized distributor letters if not the original equipment manufacturer. The vendor is responsible for all freight costs and must provide onsite equipment startup, end-user training, and comprehensive warranty coverage (minimum 5-year parts/labor/travel for compressor components; minimum 1-year for all other components). Delivery must be completed within 180 calendar days of notice to proceed, with a minimum 10-day advance notice required for coordinated deliveries to the Chillicothe VA Medical Center warehouse between 0700 and 1530 hours on weekdays excluding federal holidays. Quotation submission deadline is 1:00 PM EST on Tuesday, September 22, 2026, sent to Terence James (terence.james@va.gov) and Matthew Curtis (matthew.curtis@va.gov). Evaluation factors include price, technical capability, past performance, warranty/extended warranty details, and speed of delivery, with technical capability and past performance weighted more heavily than price. Offerors must complete the VA Notice of Limitations on Subcontracting certification (852.219-76) and annual representations and certifications via SAM.gov; failure to submit the complete certification renders the offer ineligible for consideration.
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Text version
Combined Synopsis Solicitation - 36C25026Q0361 HVAC Replacement Chillers
Description
This is a combined synopsis/solicitation for commercial products and commercial services prepared in accordance with the format Revolutionary FAR Overhaul (RFO) in Federal Acquisition Regulation (FAR) subpart 12.202, “Streamlined Procedures for Evaluation and Solicitation for Commercial Products and Commercial Services,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.
This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation will not be issued. This solicitation is issued as a Request for Quotation (RFQ), solicitation number 36C25026Q0361.
This solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2026-01 with an effective date of 03/17/2026.
Contractor is responsible for submitting their package in accordance with the guidance in this solicitation. Failure to follow the document format or the solicitation guidelines will render the submission non-responsive and ineligible for consideration.
This solicitation is an Unrestricted request for eight (8) 125–130-ton air cooled chillers.
NORTH AMERICAN INDUSTRIAL CLASSIFICATION SYSTEM (NAICS) CODE:
The NAICS code for this procurement is 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing, Size standards in number of employees. The FSC/PSC is [4120].
The Chillicothe VA Medical Center, 17273 State Route 104, Chillicothe, Ohio 45601
Building 23, Warehouse (for deliveries)
Is seeking to purchase 8 (eight) each; 125–130-ton, air cooled chiller equipped as described in Section
4.1.1 and salient characteristics document of this contract.
https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-12#FAR_12_202 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-12#FAR_12_202
All quoters shall submit the following: Pricing quote with sufficient documentation to evaluate the items’ functional and technical specifications, Buy American Certificate, Warranty/Extended Warranty details, Delivery timeframe and a copy of authorized distributor letter if not the original equipment manufacturer (OEM).
All interested companies shall provide quotations for the following:
ITEM
NUMBER
DESCRIPTION OF
ITEMS QUANTITY UNIT UNIT PRICE AMOUNT
Six chillers 200 volts
6.00
EA
125–130-ton, high efficiency/high performance, air cooled, 3 phase/60 hertz, packaged chiller. Unit shall be UL/CUL listed, ASHRAE 90.1/CSA C743 compliant, AHRI certified.
Two chillers 460 volts
2.00
EA
125–130-ton, high efficiency/high performance, air cooled, 3 phase/60 hertz, packaged chiller. Unit shall be UL/CUL listed, ASHRAE 90.1/CSA C743 compliant, AHRI certified.
Grand Total
Statement of Work
1. Contract Title: Chillers (125-130 ton) for Replacing Chillers
2. Background: Chillicothe VA Medical Center relies on chilled water supplied by multiple air-cooled chillers to provide air conditioning of campus buildings. The failure of any of these chillers could adversely affect delivery of patient care and administrative functions and could potentially lead to appointment cancellation and other adverse effects up to and including inpatient evacuation. This contract is for replacement of chillers at various campus buildings, which are beyond their expected useful service lives and have become unreliable and difficult to source repair parts and service for.
3. Scope: Vendor to furnish 8 (eight) each; 125–130-ton, air cooled chiller equipped as described in Section 4.1.1 and salient characteristics document of this contract.
4. Specific Tasks
4.1 Task 1-Furnish the following:
4.1.1. 8 EA.: 125-130-ton, air cooled chiller
Chiller: 125–130-ton, high efficiency/high performance, air cooled, 3 phase/60 hertz, packaged chiller. Unit shall be UL/CUL listed, ASHRAE 90.1/CSA C743 compliant, AHRI certified. Two chillers shall be 460 volt and Six chillers shall be 200 volt.
Compressor:
-Compressors shall be hermetic sealed, scroll type, suction gas-cooled. Compressors shall have internal overload protection. Compressors shall have centrifugal oil pump, oil level sight glass, and oil changing valve. Compressors shall have compressor heaters installed.
Evaporator:
-Braze plate style evaporator -Fluid type: water -Flow rate: ≥236.7 gallon per minute design flow/115.5 gallon per minute minimum flow -Equipped with freeze protection that automatically activates at temperatures below freezing -Equipped with flow switch set at 60 cm/sec.
-Water connection size: 4 inch
Condenser:
-Application: high ambient -Fin Type: lanced aluminum -Total air flow: ≥73063 cfm -Ambient air temp: ≥95.0 F
Condenser Fans:
-Fans shall be direct-drive, vertical discharge -First fan on each unit shall be equipped with variable speed drive
Unit Electrical:
-Compressor starter: across the line -Total power: ≤114.4 KW -Compressor power: ≤104.4 KW -Fan power: ≤9.780 KW -Fan FLA: ≤3.20 A -Incoming power line connection: single point -Power line connection type: terminal block -Short circuit current rating: ≥5000 A -Single point power MCA: ≤205 A -Single point power MOP: ≤225 A -Compressors: ≤41.90 A RLA/260.0 A LRA
- Two chillers shall be 460 volt and six chillers shall be 200 volt.
Refrigerant:
-Refrigerant charge: R454B (or equivalent non-CFC refrigerant) -Unit shall be equipped with dual refrigeration circuits with dedicated compressors for each circuit and a passive oil management system. Each circuit shall be equipped with filter dryer, electronic expansion valve, liquid line and discharge service valves
Unit Controls:
-Unit controls (to include display) shall be housed in an outdoor rated, weather tight enclosure.
Unit Frame and Surround:
Unit frame shall be constructed of galvanized steel. Surround shall be constructed of galvanized steel panels and access doors and shall be finished with powder-coated paint. Unit shall have provisions to be lifted via crane using spreader bars.
Unit Acoustics (@30 feet in free field) -A weighted: 100% -Sound power: ≤95 dBA -Sound pressure: ≤68 dBA
Reference Material: Unit to be supplied with Operators Manual, Service Manual, Diagnostic/Repair Manual, and any other applicable references either digitally or hard copy.
Equipment Start-Up and End User Training:
-Vendor shall provide onsite equipment start- up upon installation of chiller and verify no faults or deficiencies are present. Vendor to verify electrical and piping connections are correct and within warranty specifications prior to start-up. VA will handle installation. Vendor shall also provide end-user training on unit to include basic walk around and identification of components, operation of unit controls, basic troubleshooting of common issues, and recommended winterization procedures.
Warranty: All components and subsystems shall be covered by a minimum 5-year parts labor and travel warranty for compressor components and minimum 1-year parts, labor, and travel warranty on all other portions of unit to include all electrical parts, sensors, and controls.
Source: Chillers must comply with the “Buy American Act”
4.2 Task-2 Delivery: Vendor shall arrange and cover the cost of freight. All deliveries require a minimum 10-day advanced notice to allow facility to arrange equipment to offload freight.
Deliveries will be made between 0700 and 1500 weekdays, excluding federal holidays to:
Chillicothe VA Medical Center 17273 State Route 104 Warehouse (Building #23) Chillicothe, OH 45601
Deliveries will be inspected upon arrival for defects by VA COR, VA Logistics, and VA Engineering HVAC staff. Vendor is responsible for ensuring all items are delivered in acceptable condition, damaged items will not be accepted.
4.3 Task-3 Installation of Equipment
No installation is required.
4.4 Task 4-Start-up and User Training
VA will handle all aspects of final placement and installation.
-Vendor shall provide onsite equipment start- up upon installation of chiller and verify no faults or deficiencies are present. Vendor to verify electrical and piping connections are correct and within warranty specifications prior to start-up. Vendor shall also provide end-user training on unit to include basic walk around and identification of components, operation of unit controls, basic troubleshooting of common issues, and recommended winterization procedures.
4.5 Task 5 - Enterprise Management Controls.
4.5.1 Sub task 1 - Integration Management Control Planning. All deliveries shall be coordinated a minimum of 10 working days in advance with the VAMC COR and the Supervisor of the Engineering Service HVAC Shop. Deliveries shall be made Monday-Friday (excluding Federal Holidays) between the hours of 0700-1530. Deliveries will be received at the Chillicothe VA Medical Center Warehouse, unless otherwise instructed upon arrival.
5. Deliverables
6 EA.: 125-130-ton (200 volts), air cooled chiller matching specifications in section 4.1 of this document and salient characteristics document.
2EA.: 125-130-ton (460 volts), air cooled chiller matching specifications in section 4.1 of this document and salient characteristics document.
Freight for delivery of items described in section 4.2
Reference material described in section 4.1.1
Start-up and end user training described in section 4.1.1
5.2 Shop Drawings
Shop drawings of equipment, to include specifications, wiring diagrams, operators manual, service manual, diagnostic/repair manual, and any other applicable references and other pertinent information shall be provided in either digitally or hard copy.
6. Performance Monitoring
The request is for goods to be delivered to the Chillicothe VAMC in good condition. VAMC COR in co-ordination with VA Logistics and the Supervisor of the Engineering Service HVAC Shop will be responsible for overseeing delivery and inspecting items for defects upon delivery for final acceptance.
7. Security Requirements
Contractor will not require access to VA sensitive information to fulfill the terms of the contract.
Contractor will not require access to VA buildings to fulfill terms of the contract.
8. Government-Furnished Equipment (GFE)/Government-Furnished Information (GFI)
No Government-Furnished Equipment required.
9. Other Pertinent Information or Special Considerations
Contractor responsible for delivery of all receivables without damage.
Final acceptance of equipment to be determined by VAMC COR in coordination with VA Logistics and the Supervisor of the Engineering Service HVAC Shop.
10. Place of Performance
The place of performance (delivery) is Chillicothe VAMC. The address of the Chillicothe VAMC is:
Chillicothe VA Medical Center Building 23, Warehouse (for deliveries) 17273 State Route 104 Chillicothe, Ohio 45601
11. Period of Performance
The period of performance shall be no more than 180 days from the issuance of the Notice to Proceed by the Contracting Officer.
12. Delivery Schedule
Contractor responsible for all deliveries. Delivery of contracted goods shall be complete within 180 calendar days of notice to proceed by VA Contracting Officer. All deliveries shall be coordinated with the VA COR, VA Logistics, and the Supervisor of the Engineering Service HVAC Shop.
13. Chillicothe VAMC Point(s) of Contact:
Andrew Bolyard Ashley Conrad Assistant Chief FMS Acquisition Utilization Specialist 740-253-8564 740-773-1141 x17815 andrew.bolyard@va.gov ashley.conraad@va.gov
14. Place of Performance/Place of Delivery
Address: 17273 State Route 104 Warehouse (Building #23) Chillicothe, Ohio
Postal Code: 45601 Country: UNITED STATES
QUOTATION SUBMISSION INFORMATION AND EVALUATION CRITERIA
All interested companies shall provide quotations and a grand total for line items – Section Price Cost Schedule, page 2).
All quoters shall submit the following:
1. Offerors are required to fully and properly complete clause 852.219-76 VA Notice of Limitations on Subcontracting - Certificate of Compliance for Supplies and Products (see page 18). Failure to return the entire clause at 852.219-76, shall result in the offer being rejected and deemed ineligible for evaluation and award.
2. Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://sam.gov/
3. 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. Technical Capability and Past Performance, when combined, are more important than Price. The Government will perform a comparative evaluation of quotations and may select a higher-priced quotation if it is determined that the additional technical merit and/or past performance value warrants the additional cost.
The following factors will be used to evaluate offers:
o Price o Technical Capability o Past Performance o Warranty/Extended Warranty o Speed of Delivery
4. Submission of your quotation / response shall be received not later than, 1:00 PM EST, Tuesday, September 22, 2026, and shall be sent by email to: Contract Specialist: Terence James at terence.james@va.gov, & Matthew Curtis at matthew.curtis@va.gov. No submissions received mailto:andrew.bolyard@va.gov mailto:ashley.conraad@va.gov https://sam.gov/ mailto:terence.james@va.gov mailto:matthew.curtis@va.gov after the above-mentioned date and time will be accepted. When responding to this announcement, respondents should include “RFQ 36C25026Q0361 - Air cooled Chiller - Chillicothe VA ” in the subject line.
The following solicitation provisions apply to this acquisition:
FAR 52.212-1, “Instructions to Offerors–Commercial Products and Commercial Services” (Sep 2023)
ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (SEP 2023)
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 version of FAR 52.212-1 in the addendum is tailored for Simplified Acquisition Procedures and supersedes the current version of FAR 52.212-1 contained in the FAR.
The following solicitation provisions and clause apply to this acquisition:
52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT
2025) (DEVIATION)
(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)
The following provision is incorporated into 52.212-1 as an addendum to this solicitation:
The full text of FAR provisions or clauses may be accessed electronically at https://www.acquisition.gov/browse/index/far.
Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://sam.gov/.
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:
Comparative Evaluation – where technical capabilities and past performance, when combined, are more important that 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 https://www.acquisition.gov/browse/index/far https://sam.gov/ 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)
The following provision is incorporated into 52.212-1 as an addendum to this solicitation:
The full text of FAR provisions or clauses may be accessed electronically at https://www.acquisition.gov/browse/index/far.
The following solicitation provisions are incorporated by reference:
FAR 52.204-7, “System for Award Management” (Deviation) (Nov 2025) (Deviation) FAR 52.204-16, “Commercial and Government Entity Code Reporting” (Aug 2020) FAR 52.204-20, “Predecessor of Offeror, (Aug 2020) FAR 52.204-24, “Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment” (Nov 2021) FAR 52.204-27, “Prohibition on a ByteDance Covered Application” (Jun 2023) FAR 52.204-29, “Federal Acquisition Supply Chain Security Act Orders – Representation and Disclosures”
(Dec 2023) FAR 52.209-7, “Information Regarding Responsibility Matters” (Oct 2018) FAR 52.212-3, “Offerors Representations and Certifications–Commercial Products and Commercial
Services” (May 2024)
Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal in accordance with FAR 52.212-3, “Offerors Representations and Certifications–Commercial Products and Commercial Services.”
If paragraph (j) of the provision is applicable, a written submission is required.
FAR 52.214-21, “Descriptive Literature” (Apr 2002) FAR 52.225-2, “Buy American Certificate” (Oct 2022) FAR 52.229-11, “Tax on Certain Foreign Procurements – Notice and Representation” (Deviation) (Sep 2025) FAR 52.233-2, “Service of Protest” (Deviation) (Nov 2025) VAAR 852.215-72, “Notice of Intent to Re-Solicit” (Oct 2019) VAAR 852.233-70, “Protest Content/Alternative Dispute Resolution” (Sep 2018) VAAR 852.233-71, “Alternate Protest Procedure” (Sep 2018) VAAR 852.239-75, “Information and Communication Technology Accessibility Notice” (Feb 2023) VAAR 852.252-70, “Solicitation Provisions or Clauses Incorporated by Reference” (Jan 2008) VAAR 852.273-70, “Late Offers” (Nov 2021)
FAR 52.212-4, “Contract Terms and Conditions–Commercial Products and Commercial Services” NOV
ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES
https://www.acquisition.gov/browse/index/far https://www.sam.gov/portal
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:
52.204-91 CONTRACTOR IDENTIFICATION (DEVIATION) (NOV 2025)
Definitions. As used in this provision—
Commercial and Government Entity code means—
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location (referred to as “CAGE code”); or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA CAGE Branch records and maintains in the CAGE master file (referred to as “NCAGE code”).
Unique entity identifier means an identifier used to identify a specific commercial, nonprofit, or Government entity.
(b) Unique entity identifier (UEI). The Contractor shall ensure that its UEI is maintained throughout the life of the contract.
(c) Commercial and Government Entity (CAGE) code. The Contractor shall ensure that the CAGE code is maintained throughout the life of the contract. The Contractor shall request changes to a CAGE code as indicated in the following table.
If the Contractor is… Then…
Registered in the System for Award Management (SAM) Initiate the change by updating its SAM registration Located in the United States or its outlying areas and is not registered in SAM
Submit a change request to the DLA CAGE Branch via https://cage.dla.mil
Located outside the United States and its outlying areas and is not registered in SAM Request a change by contacting the appropriate National Codification Bureau (https://www.nato.int/structur/ac/135/about/contacts) or NSPA (https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx)
(d) Communicating changes. The Contractor shall communicate any change to its UEI or CAGE code to the Contracting Officer within 30 days after the change, so a modification can be issued to update the UEI or CAGE code on this contract. A change in the UEI does not necessarily require a novation.
(End of Clause) https://cage.dla.mil/ https://www.nato.int/structur/ac/135/about/contacts https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx
52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS (DEVIATION APR 2026)
(a)Definitions. As used in this clause—
Program participation means membership or participation in, or access or admission to: training, mentoring, or leadership development programs; educational opportunities; clubs; associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.
Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources.
(b) In connection with the performance of work under this contract, the Contractor agrees as follows:
(1) The Contractor will not engage in any racially discriminatory DEI activities;
(2) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause;
(3) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared ineligible for further Government contracts;
(4) The Contractor will report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take any appropriate remedial actions directed by the Contracting Officer; and
(5) The Contractor will inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of this clause.
(6) The Contractor recognizes that compliance with the requirements of this clause are material to the Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4).
(c) The Contractor must include the substance of this clause, including this paragraph (c), in subcontracts at any tier, including those for commercial products and commercial services, except those where the place of delivery or performance is outside the United States.
52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-DESIGNATED
ITEMS (MAY 2008)
(a) Definitions. As used in this clause—
"Postconsumer material" means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of "recovered material."
"Recovered material" means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.
(b) The Contractor, on completion of this contract, shall—
(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of postconsumer material content; and
(2) Submit this estimate to .
(End of Clause)
52.232-90 FAST PAYMENT PROCEDURE (NOV 2025) (DEVIATION)
(a) General. The Government will pay invoices based on the Contractor's delivery to a post office or common carrier (or, if shipped by other means, to the point of first receipt by the Government).
(b) Responsibility for supplies.
(1) Title to the supplies passes to the Government upon delivery to—
(i) A post office or common carrier for shipment to the specific destination; or
(ii) The point of first receipt by the Government, if shipment is by means other than Postal Service or common carrier.
(2) Notwithstanding any other provision of the contract, order, or blanket purchase agreement, the Contractor shall—
(i) Assume all responsibility and risk of loss for supplies not received at destination, damaged in transit, or not conforming to purchase requirements; and
(ii) Replace, repair, or correct those supplies promptly at the Contractor's expense, if instructed to do so by the Contracting Officer within 180 days from the date title to the supplies vests in the Government.
(c) Preparation of invoice.
(1) Upon delivery to a post office or common carrier (or, if shipped by other means, the point of first receipt by the Government), the Contractor shall—
(i) Prepare an invoice as provided in this contract, order, or blanket purchase agreement; and
(ii) Display prominently on the invoice "FAST PAY." Invoices not prominently marked "FAST PAY" via manual or electronic means may be accepted by the payment office for fast payment. If the payment office declines to make fast payment, the Contractor shall be paid in accordance with procedures applicable to invoices to which the Fast Payment clause does not apply.
(2) If the purchase price excludes the cost of transportation, the Contractor shall enter the prepaid shipping cost on the invoice as a separate item. The Contractor shall not include the cost of parcel post insurance. If transportation charges are stated separately on the invoice, the Contractor shall retain related paid freight bills or other transportation billings paid separately for a period of three years and shall furnish the bills to the Government upon request.
(3) If this contract, order, or blanket purchase agreement requires the preparation of a receiving report, the Contractor shall either—
(i) Submit the receiving report on the prescribed form with the invoice; or
(ii) Include the following information on the invoice:
(A) Shipment number.
(B) Mode of shipment.
(C) At line item level—
(1) National stock number and/or manufacturer's part number;
(2) Unit of measure;
(3) Ship-To Point;
(4) Mark-For Point, if in the contract; and
(5) FEDSTRIP/MILSTRIP document number, if in the contract.
(4) If this contract, order, or blanket purchase agreement does not require preparation of a receiving report on a prescribed form, the Contractor shall include on the invoice the following information at the line item level, in addition to that required in paragraph (c)(1) of this clause:
(i) Ship-To Point.
(ii) Mark-For Point.
(iii) FEDSTRIP/MILSTRIP document number, if in the contract.
(5) Where a receiving report is not required, the Contractor shall include a copy of the invoice in each shipment.
(d) Certification of invoice. The Contractor certifies by submitting an invoice to the Government that the supplies being billed to the Government have been shipped or delivered in accordance with shipping instructions issued by the ordering officer, in the quantities shown on the invoice, and that the supplies are in the quantity and of the quality designated by the contract, order, or blanket purchase agreement.
(e) FAST PAY container identification. The Contractor shall mark all outer shipping containers "FAST PAY." When outer shipping containers are not marked "FAST PAY," the payment office may make fast payment. If the payment office declines to make fast payment, the Contractor shall be paid in accordance with procedures applicable to invoices to which the Fast Payment clause does not apply.
52.225-2 Buy American Certificate.
BUY AMERICAN CERTIFICATE (OCT 2022)
(a)
(1) The Offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product and that each domestic end product listed in paragraph (c) of this provision contains a critical component.
(2) The Offeror shall list as foreign end products those end products manufactured in the United
States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.
(3) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).
(4) The terms “commercially available off-the-shelf (COTS) item,” “critical component,”
"domestic end product," "end product," and "foreign end product" are defined in the clause of this solicitation entitled "Buy American-Supplies."
(b)Foreign End Products:
Line Item No. Country of Origin Exceeds 55% domestic content (yes/no)
(b)[List as necessary]
(c) Domestic end products containing a critical component:
Line Item No. ___ [List as necessary] https://www.acquisition.gov/far/25.105#FAR_25_105
(d) The Government will evaluate offers in accordance with the policies and procedures of part 25 of the Federal Acquisition Regulation.
(End of provision)
52.233-2 SERVICE OF PROTEST (NOV 2025) (DEVIATION)
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: Mailing Address:
Department of Veterans Affairs Department of Veterans Affairs Network Contracting Office 10 Network Contracting Office 10 ATTN: Brian Kish ATTN: Brian Kish 2780 Airport Drive, Suite 340 2780 Airport Drive, Suite 340 Columbus, OH 43219 Columbus, OH 43219
(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)
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/ https://www.va.gov
The following contract clauses apply to this acquisition:
FAR 52.212-4, “Contract Terms and Conditions–Commercial Products and Commercial Services”
(Deviation) (Oct 2025) Addendum to FAR 52.212-4, “Contract Terms and Conditions–Commercial Products and Commercial
Services” FAR 52.212-5, “Contract Terms and Conditions Required to Implement Statutes or Executive Orders –
Commercial Products and Commercial Services” (Jan 2025) The following subparagraphs of FAR 52.212-5 are applicable:
Subparagraph (a) (1)–(7) Subparagraph (b) (4),(5),(9),(12),(31),(32),(33),(34),(36),(39),(49),(51), (55) and (59) https://www.acquisition.gov/far/part-25#FAR_Part_25 https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/ https://www.va.gov/
FAR 52.203-17, “Contractor Employee Whistleblower Rights” (Nov 2023) FAR 52.204-13, “System for Award Management Maintenance” (Deviation) (Nov 2025) FAR 52.204-18, “Commercial and Government Entity Code Maintenance” (Aug 2020) FAR 52.225-1, “Buy American – Supplies” (Deviation) (Nov 2025) VAAR 852.201-70, “Contracting Officer’s Representative” (Dec 2022) VAAR 852.203-70, “Commercial Advertising” (May 2018) VAAR 852.215-70, “Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation
Factors” (Deviation) (Jan 2023) VAAR 852.215-71, “Evaluation Factor Commitments” (Oct 2019) VAAR 852.222-71, “Compliance with Executive Order 13899” (Deviation) (Apr 2025) VAAR 852.246-71, “Rejected Goods” (Oct 2018) VAAR 852.212-71, “Grey Market and Counterfeit Items” (Feb 2023) VAAR 852.232-72, “Electronic Submission of Payment Requests” (Nov 2018) VAAR 852.242-71, “Administrative Contracting Officer” (Oct 2020) VAAR 852.247-72, “Marking Deliverables” (Oct 2018) VAAR 852.247-73, Packing for Domestic Shipment” (Oct 2018)
To facilitate the award process, all quotes must include a statement regarding the terms and conditions herein as follows:
"The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition."
OR
"The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:"
Quoters shall list exception(s) and rationale for the exception(s), if any.
Submission of your response shall be received not later than, September 22, 2026 at 1:00 pm (ET), terence.james@va.gov & matthew.curtis1@va.gov.
Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f).
Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the Point of Contact listed below not later than Friday, September 18, & 3:00 PM EST. No telephone calls will be accepted.
Point of Contact: Terence James, Contract Specialist, terence.james@va.gov mailto:matthew.curtis1@va.gov
852.219-76 VA Notice of Limitations on Subcontracting—Certificate of Compliance for Supplies and Products.
As prescribed in 819.7011(c), insert the following clause. The contracting officer shall tailor the clause in paragraph (a)(2)(iii) as appropriate:
VA Notice of Limitations on Subcontracting—Certificate of Compliance for Supplies and Products (NOV 2022)
(a) Pursuant to 38 U.S.C. 8127(k)(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:
[Offeror check the appropriate box]
(i) □ In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-73 or VOSBs as set forth in 852.219-74. Any work that a similarly situated VIP-listed 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. [Offeror fill-in—check each applicable box below. The offeror must select the applicable provision below, identifying itself as either a manufacturer or nonmanufacturer]:
(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. [Offeror fill-in—check each box below.]
□ 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.
(iii) □ The offeror certifies that it will supply the end item of a small business manufacturer, processor, or producer made in the United States, unless a waiver as provided in 13 CFR 121.406(b)(5) has been issued by SBA. [Contracting Officer fill-in or removal (see 13 CFR 121.1205). This requirement must be included for a single end item. However, if SBA has issued an applicable waiver of the nonmanufacturer rule for the end item, this requirement must be removed in the final solicitation or contract.] or [Contracting officer tailor clause to remove one or other block under subparagraph (iii).]
□ If this is a multiple item acquisition, the offeror certifies that at least 50% of the estimated contract value is composed of items that are manufactured by small business concerns. [Contracting Officer fill-in or removal. See 13 CFR 121.406(d) for multiple end items. If SBA has issued an applicable nonmanufacturer rule waiver, this requirement must be removed in the final solicitation or contract.]
(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 section 1001 of title 18.
(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, [insert name of offeror] 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 [insert name of offeror].
Printed Name of Signee:
Printed Title of Signee:
Signature:
Date:
Company Name and Address:
(End of clause)
| Description |
| The request is for goods to be delivered to the Chillicothe VAMC in good condition. VAMC COR in co-ordination with VA Logistics and the Supervisor of the Engineering Service HVAC Shop will be responsible for overseeing delivery and inspecting items f... |
| 7. Security Requirements |
| Final acceptance of equipment to be determined by VAMC COR in coordination with VA Logistics and the Supervisor of the Engineering Service HVAC Shop. |
| 10. Place of Performance |
| The place of performance (delivery) is Chillicothe VAMC. The address of the Chillicothe VAMC is: |
| 11. Period of Performance |
| The period of performance shall be no more than 180 days from the issuance of the Notice to Proceed by the Contracting Officer. |
| 52.225-2 Buy American Certificate. |
| 852.219-76 VA Notice of Limitations on Subcontracting—Certificate of Compliance for Supplies and Products. |
File details come from the government source that posted it. Updated .