36C25026Q0419.docx
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- Solicitation number
- 36C25026Q0419
About this file
This is a Standard Form 1449 Solicitation/Contract/Order for Commercial Products and Services issued by the Department of Veterans Affairs Network Contracting Office 10 (Battle Creek, Michigan) on behalf of the VA Ann Arbor Health Care System. The solicitation requests one Philips Laser System PLS-W5 with a five-year warranty to replace existing cardiology equipment that has reached end of life. The laser system will be used in the Cardiology TAVR Hybrid Room (Building 1E, Room E747) at the Ann Arbor facility located at 2215 Fuller Road, Ann Arbor, Michigan 48105. The equipment includes the laser system, operator's manual, power cord, two keys, footswitch, reference catheter, two danger signs, and ten safety glasses. The warranty covers labor and travel for on-site service Monday through Friday, 8:00 AM to 9:00 PM, excluding published holidays, with a service goal of on-site response within 24 hours, plus planned maintenance coverage.
The solicitation number is 36C25026Q0419 with an offer due date of April 14, 2026 at 4:00 PM EDT. This is a Request for Quote (RFQ) using the Lowest Price Technically Acceptable evaluation method, resulting in a Firm-Fixed-Price purchase order. The acquisition is a small business set-aside with NAICS code 541519 (Other Computer Related Services) and a size standard of 150 employees. The contract period runs from May 1, 2026 through July 31, 2026 with delivery required by July 31, 2026 (FOB Destination). The contracting officer is Brooke Hansen (brooke.hansen@va.gov). Quotes must be submitted electronically. The justification for single-source award cites that the Philips system is the only laser platform approved for pacemaker and ICD lead extraction and the only system with Level I data for treating in-stent restenosis in peripheral arteries. Small business distributors (Four Points Technology LLC, Alvarez LLC, and Greenbriar Government Solutions) are identified as authorized Philips distributors capable of fulfilling the requirement.
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36C25026Q0442
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
36C25026Q0419 04-07-2026 Brooke Hansen brooke.hansen@va.gov 04-14-2026
4PM
EDT
36C250 Department of Veterans Affairs Network Contracting Office 10
5500 Armstrong Rd Battle Creek MI 49037
X
541519 150 Employees
N/A
36C506 Department of Veterans Affair VA Medical Center
2215 Fuller Rd Ann Arbor MI 48105 36C250 Department of Veterans Affairs Network Contracting Office 10
5500 Armstrong Rd Battle Creek MI 49037
Department of Veterans Affairs Financial Management System PO Box 149971 Austin TX 78714-9971 877-353-9791 512-460-5540
See CONTINUATION Page
Brand Name Only - RFQ for ONE Philips Laser System PLS-W5 with 5 year warranty.
See Price/Cost Schedule.
Quotes or Completed RFQ need to be submitted to Brooke.Hansen@va.gov.
See CONTINUATION Page
Brooke Hansen Contracting Officer
Table of Contents
| SECTION A | 1 |
| A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES | 1 |
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 3 |
| B.1 CONTRACT ADMINISTRATION DATA | 3 |
| B.2 PRICE/COST SCHEDULE | 5 |
| ITEM INFORMATION | 5 |
| B.3 DELIVERY SCHEDULE | 5 |
| SECTION C - CONTRACT CLAUSES | 6 |
| C.1 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) | 6 |
| C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 6 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 8 |
| SECTION E - SOLICITATION PROVISIONS | 11 |
| E.1 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION) | 11 |
| E.2 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (NOV 2025) (DEVIATION) | 11 |
| E.3 52.225-2 BUY AMERICAN CERTIFICATE (OCT 2022) | 14 |
| E.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 15 |
| E.5 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) | 15 |
SECTION B - CONTINUATION OF SF 1449 BLOCKS
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 36C250 Brooke Hansen Department of Veterans Affairs Network Contracting Office 10 5500 Armstrong Rd Battle Creek MI 49037
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
| [X] |
| 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or |
| [] |
| 52.232-36, Payment by Third Party |
3. INVOICES: Invoices shall be submitted in arrears:
| a. Quarterly | [] |
| b. Semi-Annually | [] |
| c. Other | [X] Delivery/Acceptance |
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:
| AMENDMENT NO |
| DATE |
STATEMENT OF WORK
Philips Laser System and 5 year Warranty for Cardiology
Introduction:
The Department of Veterans Affairs Ann Arbor Health Care System (VAAAHS) located in Cardiology TAVR Hybrid Room, Building 1E Room E747, 2215 Fuller Road, Ann Arbor, Michigan requires one Philips Laser System PLS-W5 with 5 year Warranty.
Background:
Cardiology needs to replace their current Laser, MX EE62853, NS: 81028 that has reached end of life.
Objectives: We are requesting one Philips Laser System PLS-W5 with 5 year Warranty.
Philips Laser System (includes 5 yr. Warranty) Philips PLS-W5, Qty: 1 In addition to Initial placement of a laser system it also includes:
- Operator’s manual
- Power cord
- Keys (2)
- Footswitch
- Reference catheter
- Danger signs (2)
- Safety glasses (10)
Labor covered under Warranty: - Labor and travel coverage for on-site service 8:00 am - 9:00 pm, Monday - Friday, excluding Philips published holidays. The warranty period is included. - Preferential Scheduling of service calls for service contract customers. - On-site Response. At customer’s request, Philips service goal is to be on-site within 24 hours. - Planned maintenance coverage from 8:00 am – 9:00 pm, Monday – Friday, excluding Philips published holidays. Coverage includes activities performed according to a schedule to review safety, calibrations, alignments, adjustments, lubrication, required gases, windows, and seal ring replacement will be performed as deemed necessary by Philips. Philips current recommendation for laser systems is 1-2 time(s) per year or as required per unit. - Preferred rates for labor and travel. This includes reduced hourly rates for labor and travel for corrective or planned maintenance outside of Service Agreement coverage hours.
There are no ePHI data elements stored on the device (e.g., last name, SSN, DOB). The certification and accreditation authorization (C&A) requirements do not apply and a Security Accreditation Package is not required.
B.2 PRICE/COST SCHEDULE
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1.00 |
| EA |
| __________________ |
| __________________ |
PHILIPS LASER SYSTEM WITH 5YR WARRANTY IN ADDITION TO THE LASER SYSTEM THE FOLLOWING IS INCLUDED: - Operator's manual - Power cord - Keys (2) - Footswitch - Reference catheter - Danger signs (2) - Safety glasses (10) Contract Period: Base POP Begin: 05-01-2026 POP End: 07-31-2026 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies
MANUFACTURER PART NUMBER (MPN): PLS-W5
LOCAL STOCK NUMBER: PLS-W5
| GRAND TOTAL |
| __________________ |
B.3 DELIVERY SCHEDULE
| ITEM NUMBER |
| SHIPPING INFORMATION |
| QUANTITY |
| DELIVERY DATE |
| 0001 |
| SHIP TO: |
| VA Medical Center - Ann Arbor |
2215 Fuller Road Ann Arbor, MI 48105
US
| 1.00 |
| NTE 7/31/26 |
| MARK FOR: |
| Warehouse |
| FOB: |
| DESTINATION |
Page 1 of Page 1 of
SECTION C - CONTRACT CLAUSES
ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.
The following clauses are incorporated into 52.212-4 as an addendum to this contract:
C.1 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)
The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract. Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.
(End of Clause)
C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if 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/
(End of Clause)
| FAR Number |
| Title |
| Date |
| 52.212-4 |
| CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES |
| NOV 2023 |
| 52.203-17 |
| CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS |
| NOV 2023 |
| 52.203-19 |
| PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS |
| JAN 2017 |
| 52.204-13 |
| SYSTEM FOR AWARD MANAGEMENT—MAINTENANCE (DEVIATION) |
| NOV 2025 |
| 52.209-6 |
| PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, PROPOSED FOR DEBARMENT, OR VOLUNTARILY EXCLUDED |
| JAN 2025 |
| 52.209-10 |
| PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS |
| NOV 2015 |
| 52.219-28 |
| POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION (DEVIATION) |
| NOV 2025 |
| 52.222-19 |
| CHILD LABOR—COOPERATION WITH AUTHORITIES AND REMEDIES (DEVIATION) |
| NOV 2025 |
| 52.222-50 |
| COMBATING TRAFFICKING IN PERSONS (DEVIATION) |
| NOV 2025 |
| 52.223-23 |
| SUSTAINABLE PRODUCTS (DEVIATION) |
| NOV 2025 |
| 52.225-1 |
| BUY AMERICAN—SUPPLIES (DEVIATION) |
| NOV 2025 |
| 52.226-8 |
| ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING |
| MAY 2024 |
| 52.232-33 |
| PAYMENT BY ELECTRONIC FUNDS TRANSFER—SYSTEM FOR AWARD MANAGEMENT |
| OCT 2018 |
| 52.232-40 |
| PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS |
| MAR 2023 |
| 52.233-3 |
| PROTEST AFTER AWARD |
| AUG 1996 |
| 52.233-4 |
| APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM |
| OCT 2004 |
| 52.244-6DEV |
| SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES |
| OCT 2025 |
| 852.201-70 |
| CONTRACTING OFFICER'S REPRESENTATIVE |
| DEC 2022 |
| 852.203-70 |
| COMMERCIAL ADVERTISING |
| MAY 2018 |
| 852.212-71 |
| GRAY MARKET AND COUNTERFEIT ITEMS |
| FEB 2023 |
| 852.232-72 |
| ELECTRONIC SUBMISSION OF PAYMENT REQUESTS |
| NOV 2018 |
| 852.246-71 |
| REJECTED GOODS |
| OCT 2018 |
(End of Addendum to 52.212-4)
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
DEPARTMENT OF VETERANS AFFAIRS
Justification for Single Source Awards IAW RFO FAR 12.102(a) For Over Micro-Purchase Threshold but Not Exceeding the SAT ($350K)
Acquisition Plan Action ID: 36C250-26-AP-2445
1. Contracting Activity: Department of Veterans Affairs, Network Contracting Office 10 at 5500 Armstrong Rd, Battle Creek, MI 49037 in support of The Department of Veterans Affairs Ann Arbor Health Care System (VAAAHS) located in Cardiology TAVR Hybrid Room, Building 1E Room E747, 2215 Fuller Road, Ann Arbor, MI.
PR 506-26-2-118-0131
2. Brief Description of Supplies/ Services required and the intended use/Estimated Amount:
This procurement is for purchase of a Philips Laser System and 5-year Warranty to replace Cardiology’s current laser which is at end of life, MX EE62853, NS: 81028.
We are requesting one Philips Laser System PLS-W5 with 5-year Warranty.
Philips Laser System (includes 5 yr. Warranty) Philips PLS-W5, Qty: 1 In addition to Initial placement of a laser system it also includes:
- Operator’s manual
- Power cord
- Keys (2)
- Footswitch
- Reference catheter
- Danger signs (2)
- Safety glasses (10)
This laser will be used in the Cardiology department to support interventional cardiology and vascular procedures.
3. Unique characteristics that limit availability to only one source, with the reason no other supplies or services can be used:
The Philips Laser System — a game-changing advancement in cardiovascular and lead management therapies. Using the power of cool ultraviolet light, this laser system photoablates complex lesions in blood vessels and extracts cardiac leads with unprecedented precision and safety.
Minimally invasive yet maximally impactful, this technology enables interventional cardiologists and electrophysiologists to treat what was once deemed unmanageable — chronic total occlusions, in-stent restenosis, calcified plaques, and even embedded pacemaker or defibrillator leads.
The Philips Laser System is a Class IV medical-grade laser that emits pulses of 308 nm ultraviolet light. Unlike traditional thermal lasers, the excimer laser doesn’t burn tissue. Instead, it breaks molecular bonds through a process called “photoablation”, making it ideal for delicate vascular and lead extraction procedures.
This laser will empower specialists to:
· Open up blocked coronary and peripheral vessels
· Address complex restenosis cases inside previously placed stents
· Remove implanted cardiac leads with less trauma and greater control
Unlike traditional lasers, the excimer laser operates at ultraviolet wavelengths that do not generate heat. Instead, its energy is absorbed directly by molecular bonds, vaporizing the tissue without collateral damage.
This is crucial in:
· Delicate vascular walls, where thermal damage can cause rupture
· Calcified or fibrotic tissues, which are resistant to balloons and stents
· Lead extractions, where fibrous adhesions anchor the lead tightly
The Philips Laser System, is pioneering a new era in interventional cardiology and vascular surgery. This technology advancement would enable Ann Arbor VAMC to reclaim a blocked arteries, extract a stubborn leads, or prevent an amputation — The Philips Laser System is lighting the way to faster, safer healing.
The Philips laser system is the system available for lead removal. There are no alternate products available in the market place.
4. Description of market research conducted and results or statement why it was not conducted:
Searched SBS database with NAICS 541519 and VOSB selected and received 11,573 results. Added keyword “Philips laser system” and received 0 results. Searched SEWP Market Research Tool with part number PLS-W5 and received 2 small business results. Searched SEWP Market Research Tool with provider Philips and received 9 SB in group A and 57 SB in Groups B,C, and D. Searched ADDS UP with keyword “Philips laser system PLS-W5” and received 44 contracts but none of the descriptors matches the requirement. Searched GSA Advantage with keyword “Philips laser” and received 1 page of results but none that match the requirement.
The Philips system is the only laser platform approved for pacemaker and ICD lead extraction, and Only laser system with Level I data for treating in stent restenosis in peripheral arteries. No waiver for NAICS 541519. OEM is a large business. Two SB distributors confirmed on SEWP that can provide the requirement. The VA rule of two cannot be met. The SBA rule of two can be met. Therefore, CO recommends small business set-aside on NASA SEWP.
UPDATE: RFQ was posted on SEWP and cancelled by SEWP representative. Contacted OEM, Philips representative, Blake Davlin, since SEWP RFQ was cancelled and they did discuss with SEWP vendors to have the requirement removed. Philips provided 3 OM suppliers that can provide the requirement; FOUR Points Technology, LLC (SDVOSB), Alvarez, LLC (SVOSB) and Greenbriar Government Solutions (SDVOSB). The NMR still applies so the VA rule of two is not attainable but the SBA rule of two is attainable. This will now be posted as an OM, Small Business set-aside on SAM.gov.
5. Contracting Officer's Certification: Purchase is approved in accordance with RFO FAR 12.102(a). I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.
| ____________________________ | ________________________ |
| Brooke L. Hansen | Date |
Single Source Justification for SAP under the SAT
Contract Specialist Revision: 02 Effective Date: 12/30/2025 Page 10 of 16 Acquisition ID# 36C250-26-AP-1215
SECTION E - SOLICITATION PROVISIONS
ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Provisions that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.
The following provisions are incorporated into 52.212-1 as an addendum to this solicitation:
E.1 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)
The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.
(End of Provision)
E.2 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (NOV 2025) (DEVIATION)
(a) Definitions. As used in this provision- Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.
HUBZone small business concern means a small business concern that meets the requirements described in 13 CFR 126.200, is certified by the Small Business Administration (SBA) and designated by SBA as a HUBZone small business concern in the Small Business Search (SBS) (13 CFR 126.103).
Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300.
Small business concern—
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (b) of this provision.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
Small disadvantaged business concern, means a small business concern that-
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by one or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and
(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals who meet the criteria in paragraph (1) of this definition.
Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127) means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.
(b)(1) The North American Industry Classification System (NAICS) code for this acquisition is 541519.
(2) The small business size standard is 1000 Employees.
(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce (i.e., nonmanufacturer), is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—
(i) Is set aside for small business and has a value above the simplified acquisition threshold;
(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or
(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(c) Representations.
(1) The offeror represents as part of its offer that—
(i) It [ ] is, [ ] is not a small business concern; or
(ii) It [ ] is, [ ] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: _________________.]
(2) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is, [ ] is not, a women-owned small disadvantaged business concern.
(3) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The offeror represents as part of its offer that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: _________________.]
(4) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents as part of its offer that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: _________________.]
(5) SDVOSB joint venture eligible under the SDVOSB Program. [Complete only if the offeror is certified as a SDVOSB concern.] The offeror represents as part of its offer that it [ ] is, [ ] is not a SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [The offeror shall enter the name and unique entity identifier of each party to the joint venture: _________________.]
(6) HUBZone joint venture eligible under the HUBZone Program. [Complete only if the offeror is a HUBZone small business concern.] The offeror represents, as part of its offer, that it [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: _________________.] Each HUBZone small business concern participating in the HUBZone joint venture must be certified as a HUBZone concern.
(d) Notice.
Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, will be—
(1) Punished by imposition of fine, imprisonment, or both;
(2) Subject to administrative remedies, including suspension and debarment; and
(3) Ineligible for participation in programs conducted under the authority of the Act.
(End of Provision)
E.3 52.225-2 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) |
[List as necessary]
(c) Domestic end products containing a critical component:
Line Item No.
[List as necessary]
(d) The Government will evaluate offers in accordance with the policies and procedures of part 25 of the Federal Acquisition Regulation.
(End of Provision)
E.4 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/browse/index/far https://www.va.gov/oal/library/vaar/
(End of Provision)
| FAR Number |
| Title |
| Date |
| 52.212-1 |
| INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES |
| SEP 2023 |
| 52.203-18 |
| PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS—REPRESENTATION |
| JAN 2017 |
| 52.204-7 |
| SYSTEM FOR AWARD MANAGEMENT—REGISTRATION (DEVIATION) |
| NOV 2025 |
| 52.225-18 |
| PLACE OF MANUFACTURE |
| AUG 2018 |
(End of Addendum to 52.212-1)
E.5 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)
(a) 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 shall be used to evaluate offers:
Lowest Price Technically Acceptable
(b) Options. 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. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise 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)
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