Combined Synopsis Solicitation Commercial Products and Commercial Services - FINAL.pdf

Attachment 1: Combined Synopsis-Solicitation for Commercial Products and Commercial Services

Lock Out – Tag Out (LOTO) Services at Chillicothe VAMC

Effective Date: 01/15/2026 Revision: 03

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 solicitation is issued as an RFQ. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular : FAC 2026-01 March 13, 2026.

The Chillicothe VAMC requires performance-based services to ensure machines, equipment, and related components are properly stopped, isolated from hazardous energy, and locked out before maintenance or servicing to prevent unexpected energization or start-up, in accordance with ANSI and OSHA requirements. The Contractor shall provide all labor, materials, supervision, equipment, and services necessary to develop, implement, and annually review graphical Lock Out Tag Out (LOTO) procedures for all identified equipment.

This solicitation is set-aside for: 100% Service-Disabled Veteran Owned Business

North American Industrial Classification System (NAICS): 541690

Small business size standard: $19.0 Million

FSC/PSC: R425

Contract Title: Lock Out – Tag Out (LOTO) Services at Chillicothe VAMC https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-12#FAR_12_202

Revision: 03

All interested companies shall provide quotations for the following:

PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT

UNIT

PRICE AMOUNT

1.00 JB _____ _____

Lock Out Tag Out (LOTO) services: develop, implement, and annually review graphical Lock Out Tag Out (LOTO) procedures for all identified equipment at the Chillicothe

VAMC.

Contract Period: Base POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical Consulting Services PRODUCT/SERVICE CODE: R425 - Support - Professional: Engineering/Technical

Lock Out Tag Out (LOTO) services: provide all labor, materials, supervision, equipment, and services necessary to develop, implement, and annually review graphical Lock Out Tag Out (LOTO) procedures for all identified equipment at the Chillicothe VAMC.

Contract Period: Option 1 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical Consulting Services materials, supervision, equipment, and services necessary to develop, implement, and annually review graphical Lock Out Tag Out (LOTO) procedures for all identified equipment at the Chillicothe VAMC.

Contract Period: Option 1 POP Begin: 10-01-2027

Revision: 03

POP End: 09-30-2028 PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical Consulting Services materials, supervision, equipment, and services necessary to develop, implement, and annually review graphical Lock Out Tag Out (LOTO) procedures for all identified equipment at the Chillicothe VAMC.

Contract Period: Option 1 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical Consulting Services materials, supervision, equipment, and services necessary to develop, implement, and annually review graphical Lock Out Tag Out (LOTO) procedures for all identified equipment at the Chillicothe VAMC.

Contract Period: Option 1 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical Consulting Services

GRAND

TOTAL

Revision: 03

Performance Work Statement

Title: Lock Out – Tag Out (LOTO)

1. Background:

The Chillicothe VAMC requires performance-based services to ensure machines, equipment, and related components are properly stopped, isolated from hazardous energy, and locked out before maintenance or servicing to prevent unexpected energization or start-up, in accordance with ANSI and OSHA requirements.

2. Place of Performance:

Chillicothe, Ohio Veterans Affairs Medical Center (VAMC) 17273 State Route 104, Chillicothe, OH 45601.

3. Period of Performance:

Base Year: Date of award through one year (365 calendar days) Option Years: Four (4) one-year option periods, for a total potential period of five (5) years

4. Scope of Work:

The Contractor shall provide all labor, materials, supervision, equipment, and services necessary to develop, implement, and annually review graphical Lock Out Tag Out (LOTO) procedures for all identified equipment at the Chillicothe VAMC. Work includes creating graphical LOTO procedures to ensure the machines, equipment, and other components and systems is stopped, isolated from all potentially hazardous energy sources, and locked out before employees perform any servicing or maintenance where the unexpected energization or start-up of the machine or equipment or release stored energy, developing and affixing placards, providing digital and hard copy documentation, labeling assets, training VA employees, and evaluating additional equipment annually as required.

5. Conformance Standards:

All work shall meet or exceed the following standards:

• OSHA 29 CFR 1910.147 – Control of Hazardous Energy

• OSHA 29 CFR 1910.301-399, Subpart S – Electrical

• ANSI standards as applicable

• VA policies and procedures as provided in contract documents

Revision: 03

6. Qualifications of Contractors:

Contractors must demonstrate documented experience with electrical safety programs and implementation of OSHA/ANSI LOTO programs in healthcare or similar environments.

7. Codes and Standards:

29 CFR 1910.147: Control of Hazardous Energy (LOTO) 29 CFR 1910.301-399, Subpart S: Electrical Standards ANSI Z244.1 – Control of Hazardous Energy All applicable VA policies and regulatory guidance

8. Specific Tasks and Deliverables:

Develop Graphical LOTO Procedures:

• Create a minimum of 454 equipment-specific, graphical procedures.

• Each procedure shall incorporate direct collaboration with assigned VA electricians for field verification; reliance on drawings alone is not allowed.

• Where shutdowns are not possible, contractors and VA personnel will create procedures that ensure safe, effective verification of energy isolation.

Provide and Affix Placards:

• Provide durable, laminated placards for each asset.

• Placards must be attached to the equipment and clearly display the correct LOTO procedure.

Create Documentation Binders:

• Two tabbed and indexed binders listing all covered equipment, locations, and associated procedures.

• Deliver digital and hard copy files to COR.

Asset Labeling:

• Include asset number labels on all covered equipment.

Annual Review & Additional Assets:

• Perform annual review; update LOTO program as equipment inventory changes.

• First year to cover base list of 137 items from VA Chillicothe

Engineering and remaining years to review existing LOTO

Revision: 03 procedures and make 20 or less asset additions to the LOTO program for any equipment not covered. Assets to be included in option years will be provided prior to coordinated visits

Training:

• Train an unlimited number of VA staff in both LOTO regulations and facility-specific LOTO procedures.

• Include hands-on demonstration, ESC and Rockwell tool instruction

(Excel-based templates for program customization).

Collaboration and Scheduling:

• Coordinate with VA Facilities and Engineering to minimize operational disruption.

• Provide service with minimal/no operational downtime. When equipment cannot be shut down, collaborative hazard analysis with VA electricians is required.

9. Covered Equipment:

All machinery and equipment designated by Chillicothe VAMC Engineering, initially identified as 137 assets and increasing up to 454 during the contract period. Asset lists will be updated at each annual review. A complete inventory will be provided to the Contractor at project initiation and annually thereafter.

10. Hours of Operation:

Scheduled service will be performed during normal business hours which considered to be Monday-Friday 7:30am to 4:00pm, (excluding the Federal Holidays of New Year’s Day; Martin Luther King Day; President’s Day;

Memorial Day; Independence Day; Labor Day; Columbus Day; Veteran’s Day; Thanksgiving Day; Christmas Day; and any other declared Federal Holiday by the President of the United States).

11. Reporting Requirements:

The Contractor shall be required to schedule an appropriate service date with Facilities Management for the equipment to be taken out of service with little or no disruption to the normal operation of the VA Medical Center. The Contracting Officer Representative (COR) shall have the final approval of the time for the Emergent Maintenance.

Revision: 03

Contractors shall check in with the Engineering Department currently located on the NE side of Building 21. Scheduled service will be performed during normal business hours which considered to be Monday- Friday 7:30am to 4:00pm, (excluding the Federal Holidays of New Year’s Day; Martin Luther King Day; President’s Day; Memorial Day;

Independence Day; Labor Day; Columbus Day; Veteran’s Day;

Thanksgiving Day; Christmas Day; and any other declared Federal Holiday by the President of the United States).

Checking in is mandatory. When the service is complete, the Contractor shall document services rendered on a legible field service report. The Contractor shall log out at the Facilities Management Office and submit the field service report to the Contracting Officer Representative (COR) for a signature, during normal working hours.

If this work is to be performed after normal work hours, then check-in will occur with the Utility Systems Employee on Duty, at the Energy Center, Building 261. This area is staffed 24 hours/day and 7 days a week

12. Safety Requirements:

In the performance of this contract, the Contractor shall take such safety precautions as OSHA may determine to be reasonably necessary to protect the lives and health of occupants of the building. The Contracting Officer shall notify the Contractor of any safety issues and the action necessary to correct these issues. Such notice, when served on the Contractor or his representative at the work site shall be deemed sufficient for the corrective actions to be taken. If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue an order stopping all or part of the work and hold the Contractor in default.

13. General Security:

Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

Contractor is also responsible for checking in with the Engineering Department northeast side of building 21. The contractor will sign out a temporary badge for all contractor/subcontractor personnel. Every worker must have a badge and form of identification when working on VA property and is subject to VA security checks and enforcement actions while working on VA property.

14. Risk Control:

Work performed within the Chillicothe VAMC may present health risks including exposure to illness and infection control. Contractor will take action to recognize and follow warning information throughout the facility.

15. Performance Requirements Summary:

PWS Task Performance Standard

Acceptable Quality Level

(AQL)

Surveillance Method

Incentive Rating (Met/Not Met

AQL)

Develop graphical

LOTO

procedures for all identified assets

100% completion by end of the contract

90% Compliance

Inspection and review of contractor records quarterly

Satisfactory performance results in positive CPARS review

Met / Not Met

Submit LOTO procedure documentation to COR

Procedures submitted within 30 business days of completion

90% Compliance

Review of records and submission dates

Continued eligibility for future contracts, positive past performance

Met / Not Met

Address identified deficiencies in procedures

Correction within 10 business days of notification

100% Compliance

Review of records, inspection follow-up

None;

Noncompliance may result in a Contract Discrepancy Report (CDR)

Met / Not Met

Attach placards to the equipment

100% completion by end of the contract

90% Compliance

Direct observation

Satisfactory performance results in positive CPARS review

Met / Not Met

Revision: 03

16. Quality Control Program Requirement –

a. General Requirements: The contractor shall establish, implement and maintain a comprehensive Quality Control Program (QCP) to ensure all services are performed in accordance with the Performance Work Statement and the metrics outlined in the Performance Requirements Summary.

b. Submissions and Updates: The contractor shall submit a detailed written Quality Control Plan the Contracting Officer (CO) and the Contracting Officer’s Representative for review and approval within 14 calendar says of contractor award. Contractor shall update the plan annually or within 7 calendar days of any significant changes to the internal process.

c. Inspection System: The QCP must detail the Contractors internal inspection mechanics, covering all tasks and deliverables. The plan must specify the metrics tracked, the frequency of internal audits, and identify by name or role the specific personnel responsible for conducting the inspections.

d. Deficiency Resolution: The QCP must include a clear methodology for identifying, tracking and correcting deficiencies in service quality. It must prevent the recurrence of defective work without relying on government intervention.

e. Record Keeping and Audits: The contractor shall maintain records of all internal inspections, including corrective actions taken. These records shall be made available to the government upon request at any point during contract performance. T

f. NOTE: The QCP shall be in compliance with the following OSHA standards:

a) Code of Federal Regulations, Title 29, part 1910.147, “The Control of

Hazardous Energy (Lockout and Tagout)”

b) Code of Federal Regulations, Title 29, part 1910.301-399, Subpart S, “Electrical”

c) OSHA Letters of Interpretation

The contract period of performance:

Base Year: Date of award through one year (365 calendar days) Option Years: Four (4) one-year option periods, for a total potential period of five (5) years

Place of Performance/Place of Delivery:

The Chillicothe Veterans Affairs Medical Center (VAMC) 17273 State Route 104 Chillicothe, OH 45601

The full text of FAR provisions or clauses may be accessed electronically at https://www.acquisition.gov/browse/index/far.

The following solicitation provisions and clause apply to this acquisition:

1. 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

Revision: 03 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)

QUOTATION SUBMISSION INFORMATION AND EVALUATION CRITERIA

All interested companies shall provide quotations and a grand total for line items – Section Price Cost Schedule, pages 2-3).

All quoters shall submit the following:

1. Offerors are required to fully and properly complete clause 852.219-75 VA Notice of Limitations on Subcontracting - Certificate of Compliance for Services and Construction (see attached). Failure to return the entire clause at 852.219-75, Revision: 03 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.

Options will be evaluated at time of award.

The following factors will be used to evaluate offers:

• Technical Capabilities - The contractor demonstrates the ability to comprehensively identify and manage hazardous energy sources multi-source environments (e.g., electrical, mechanical, pneumatic, etc.)

• Past Performance

• Price

4. All quotes shall be sent by email to:

Contract Specialist: Lakeisha Jackson at Lakeisha.Jackson@va.gov, by September 10, 2026 at 3pm (ET).

5. All Request for Information shall be sent by email to:

Contract Specialist: Lakeisha Jackson at Lakeisha.Jackson@va.gov, by September 8, 2026 at 3pm (ET).

2. 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.

• Technical Capabilities o The contractor demonstrates the ability to comprehensively identify and manage hazardous energy sources multi-source environments (e.g., electrical, mechanical, pneumatic, etc.)

• Past Performance

• Price https://sam.gov/ mailto:Lakeisha.Jackson@va.gov mailto:Lakeisha.Jackson@va.gov

Revision: 03

(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)

52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)

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

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 36C25026Q0924 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.

Revision: 03

(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 812331.

(2) The small business size standard is $40 Million.

(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: _________________.] 36C25026Q0924

Revision: 03

(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.

52.233-2 SERVICE OF PROTEST (SEP 2006)

Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Revision: 03

Hand-Carried Address:

Department of Veterans Affairs Network Contracting Office 10 Christopher Callihan, Contracting Officer 6100 Oak Tree Boulevard, Suite 490 Cleveland OH 44131-6969

Mailing Address:

Department of Veterans Affairs Network Contracting Office 10 Christopher Callihan, Contracting Officer 6100 Oak Tree Boulevard, Suite 490 Cleveland OH 44131-6969

(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)

52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS

AND CERTIFICATIONS (NOV 2025) (DEVIATION)

(a) Definitions. As used in this provision— Backhaul, covered article, covered telecommunications equipment or services, critical technology, FASCSA order, Intelligence community, interconnection arrangements, national security system, roaming, sensitive compartmented information, sensitive compartmented information system, source, and substantial or essential component have the meanings provided in the clause 52.240-91, Security Prohibitions and Exclusions.

Business operations means engaging in commerce in any form, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.

Marginalized populations of Sudan means—

(1) Adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and Accountability Act (Pub. L. 109-344) (50 U.S.C.

1701 note); and

(2) Marginalized areas in Northern Sudan described in section 4(9) of such Act.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

Revision: 03

(2) Are conducted under specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

(b) Procedures.

(1) Covered telecommunications and video surveillance. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”

(2) FASCSA Orders.

(i) The Offeror shall search in SAM for the phrase “FASCSA order” for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (e) of FAR 52.240-91, Security Prohibitions and Exclusions.

(ii) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM but are effective and apply to the solicitation and resultant contract (see FAR 40.204-1(c)(2)).

(iii) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(c) Covered telecommunications equipment or services representations. By submission of its offer, the Offeror represents that, after conducting a reasonable inquiry (that looks at any information in the Offeror’s possession but does not need to include an internal or third-party audit)—

(1) It will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation, except as waived by the solicitation, or as disclosed in paragraph (g); and

(2) It does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services, except as waived by the solicitation, or as disclosed in paragraph (g).

(d) FASCSA Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or https://www.sam.gov/

Revision: 03 use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (g). A reasonable inquiry will look at any information in the offeror’s possession but does not need to include an internal or third-party audit.

(e) Sudan certification. By submission of its offer, the offeror certifies, after conducting a reasonable inquiry (that looks at any information in the offeror’s possession but does not need to include an internal or third-party audit), that the offeror does not conduct any restricted business operations in Sudan.

(f) Iran Representation and Certifications.

(1) Except as provided in paragraph (f)(2) of this provision or if a waiver has been granted in accordance with FAR 40.203-3, the offeror, after conducting a reasonable inquiry (that looks at any information in the offeror’s possession but does not need to include an internal or third-party audit), by submission of its offer—

(i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;

(ii) Certifies that the offeror, or any person (as defined at section 15 of the Iran Sanctions Act of 1996, Pub. L. 104-172, 50 U.S.C. 1701 note) owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran’s ability to acquire or develop certain weapons or technologies; and

(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $15,000 with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC’s Specially Designated Nationals and Blocked Persons List at https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx)

(2) Exception for trade agreements. The representation and certification requirements of paragraph (f)(1) of this provision do not apply if—

(i) This solicitation includes a trade agreements notice or certification (e.g., 52.225- 6, Trade Agreements Certificate); and

(ii) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material.

(iii) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov.

(g) Disclosure.

(1) If the Offeror is not able to represent compliance with the prohibitions in paragraphs (c) or (d), then the Offeror shall disclose within 72 hours to the contracting office identified in paragraph (g)(2) the following information for each product or service not compliant:

https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx mailto:CISADA106@state.gov

Revision: 03

(i) Contract number and order number, if applicable;

(ii) Identification of whether this disclosure relates to paragraph (c) on covered telecommunication equipment or services, or to paragraph (d) on FASCSA orders;

(iii) A description of the products or services that the Contractor identifies or has reason to suspect is prohibited (include brand; model number, such as the original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(iv) The entity that produced the product or service (include entity name, unique entity identifier, Contractor and Government Entity (CAGE) code, facilities responsible for design, fabrication, assembly, packaging, and test of the product, and whether the entity was the OEM or a distributor (provide manufacturer codes and distributor codes used for the product));

(v) Description of the functionality of the product or service and how that functionality impacts the risk to the product or service;

(vi) An explanation of any factors relevant to determining if the product or service should be permitted by an applicable exception, exemption, or waiver (if the offeror would like the Government to consider a waiver);

(vii) Whether alternative products or services are available that would be compliant with the prohibition;

(viii) If the product or service is related to item maintenance, include the following information on the item being maintained:

(A) Brand;

(B) Model number, OEM number, manufacturer part number, or wholesaler number; and

(C) Item description, as applicable.

(ix) Any readily available information about mitigation actions undertaken or recommended.

(2) If a disclosure is required to be submitted to a contracting office, the offeror shall submit the disclosure as follows:

(i) If a Department of Defense contracting office, the offeror shall submit the disclosure to the website at https://dibnet.dod.mil.

(ii) For all other contracting offices, the Offeror shall submit the disclosure to the Contracting Officer.

(3) If the disclosure provided does not contain any of the information required by paragraph (1), and the Offeror later discovers new information that is required by paragraph (1), then the Offeror shall submit a subsequent disclosure within 72 hours of discovering the new information.

(h) Executive agency review of disclosures. The Contracting Officer will review disclosures provided in paragraph (g) to determine if any applicable waiver may be sought. The Contracting Officer may choose not to pursue a waiver and may instead make an award to an Offeror that does not require a waiver.

https://dibnet.dod.mil/

Revision: 03

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/

FAR

Number

Title Date

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING

PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS

SEP 2024

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES

THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR

STATEMENTS—REPRESENTATION

JAN 2017

52.204-7 SYSTEM FOR AWARD MANAGEMENT—

REGISTRATION (DEVIATION)

NOV 2025

52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—

NOTICE AND REPRESENTATION

JUN 2020

852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE

RESOLUTION

OCT 2018

852.233-71 ALTERNATE PROTEST PROCEDURE OCT 2018

PLEASE NOTE: The correct mailing information for filing alternate protests is as follows:

Deputy Assistant Secretary for Acquisition and Logistics, Risk Management Team, Department of Veterans Affairs 810 Vermont Avenue, N.W.

Washington, DC 20420

Or for solicitations issued by the Office of Construction and Facilities Management:

Director, Office of Construction and Facilities Management 811 Vermont Avenue, N.W.

Washington, DC 20420

3. Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://sam.gov/.

4. 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance.

The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(d) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes.

Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

https://sam.gov/

Revision: 03

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable;

(D) Contractor point of contact; and

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(5) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

Revision: 03

(iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall…