36C25026Q0995_1.pdf
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- CO2 Laser NIHCS Fort Wayne VA Medical Center
- Solicitation number
- 36C25026Q0995_1
About this file
This is a Combined Synopsis/Solicitation Notice issued by the Department of Veterans Affairs, Network Contracting Office 10, for the procurement of a CO2 Laser System with accessories, installation, and training for the NIHCS Fort Wayne VA Medical Center.
Solicitation Details and Requirements: Solicitation number 36C25026Q0995 is set aside for small business concerns under NAICS code 334510 (Electromedical and Electrotherapeutic Apparatus Manufacturing) with a size standard of 1,250 employees. The response deadline is September 23, 2026, at 4:00 PM Eastern Time. The solicitation includes six line items: CO2 Laser with shipping, 125MM Handpiece Set, six CO2 Laser Glasses, two Laser Safety Officer Certification Courses, one Online Laser Education Portal, and Installation Cost. The contract type is firm fixed price with a single award contemplated. The equipment must meet specific technical specifications including 1.2 μm wavelength, CW/pulsed/super pulse emission modes with 0.5-15W super pulse power, 30W peak power, 45-inch arm reach, and self-contained air cooling. Facility power requirements include options for 120V AC 20-amp or 220V AC 20-amp single phase service with dedicated powerline. Delivery must be FOB Destination to the Fort Wayne facility within 45 days of receipt of order, with installation completion within 60 days of delivery and acceptance. Training for up to 15 staff members must be completed within 60 days of delivery and include certificates of completion and immediate virtual support plus onsite support within two business days upon request.
Compliance and Award Criteria: The solicitation is subject to Buy American requirements (FAR 52.225-1), with domestic end products strongly preferred and the desired place of manufacturing being the United States. Quoters must submit the FAR 52.225-2 Buy American Certificate, provide a Letter of Authorization if not the original equipment manufacturer, complete representations and certifications via SAM.gov, and provide documentation of technical capability and warranty terms. Evaluation factors include Technical Capability, Price (evaluated for reasonableness and best value), and Warranty. All quotes must be submitted electronically via email to Contracting Specialist Barbara Robertson at Barbara.Robertson@va.gov by the specified deadline, with questions due by September 21, 2026, at 12:00 PM EST. The Government reserves the right to conduct discussions if necessary and to reject any or all offers.
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Combined Synopsis/Solicitation Notice
*= Required Field Combined Synopsis/Solicitation Notice
SUBJECT* CO2 Laser NIHCS Fort Wayne VA Medical Center
GENERAL INFORMATION
CONTRACTING OFFICE’S ZIP CODE* 45219-2356
SOLICITATION NUMBER* 36C25026Q0995
RESPONSE DATE/TIME/ZONE 09-23-2026 16:00 EASTERN TIME, NEW YORK,
USA
ARCHIVE 30 DAYS AFTER THE RESPONSE DATE
RECOVERY ACT FUNDS N
SET-ASIDE SBA
PRODUCT SERVICE CODE* 6515
NAICS CODE* 334510
CONTRACTING OFFICE ADDRESS
Department of Veterans Affairs
Network Contracting Office 10
260 E University Avenue, Floor 2
Cincinnati OH 45219-2356
POINT OF CONTACT*
Contracting Specialist
Barbara Robertson
Barbara.Robertson@va.gov
(513)861-3100
PLACE OF PERFORMANCE
ADDRESS
Department of Veterans Affairs
NIHCS Fort Wayne VA Medical Center
2121 Lake Avenue
Fort Wayne IN
POSTAL CODE 46805-5100
COUNTRY USA
ADDITIONAL INFORMATION
AGENCY’S URL https://www.va.gov
URL DESCRIPTION Website
AGENCY CONTACT’S EMAIL ADDRESS Barbara.Robertson@va.gov
EMAIL DESCRIPTION Email
DESCRIPTION
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 2026-01.
This solicitation is set-aside for Small business concerns.
The associated North American Industrial Classification System (NAICS) code for this procurement is 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing, with a small business size standard of 1,250 Employees. The FSC/PSC is 6515 – Medical and Surgical Instruments, Equipment, and Supplies.
The Department of Veterans Affairs, VISN 10, Northern Indiana Healthcare System Veterans Affairs Medical Center (NIHS VAMC) located at 2121 Lake Avenue, Fort Wayne, IN 46805-5100 is seeking to purchase a CO2 Laser System with accessories, installation, and training in accordance with (IAW) the Statement of Work. The desired place of manufacturing of the equipment is the United States of America (USA).
All interested companies shall provide quotations for the following:
Supplies/Services
Line Item Description Quantity Unit of Measure
Unit Price
Total Price
CO2 Laser (Including Shipping)
Each
125MM Handpiece Set for CO2 Laser https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-12#FAR_12_202
Attachment 1: Combined Synopsis-Solicitation for Commercial Products and Commercial Services
Effective Date: 01/15/2026 Revision: 03
CO2 Laser Glasses
Laser safety Officer Certification Course
Online Laser Education Portal for Staff
Installation Cost
TOTAL COST
Statement of Work
Background:
The Northern Indiana Health Care System (NIHS) Veterans Affairs Medical Center (VAMC) currently has laser systems that are outdated and do not meet the latest technological advancements. In compliance with VA procurement and medical equipment standards outlined in the Subcommittee on Research Safety’s (SRS) SRS-011 - Laser Safety Policy, and Veterans Health Administration (VHA) Directive 1121(2) - VHA Eye and Vision Care, NIHS VAMC has authorized the purchase of a new CO2 laser system. The acquisition of the new system will address technological gaps, ensuring better treatment options and increased safety for patients.
Scope of Work:
To improve surgical capabilities and patient outcomes, the scope of work includes the procurement, delivery, installation, and initial training of staff on the use and maintenance of the new laser system. This system and training will be used for various medical procedures, providing precision and efficiency in surgical interventions.
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• Procurement. The Government will award a one-time firm fixed price contract and issue a purchase order to the Contractor offering the best value to the Government for the acquisition of the laser system (including delivery and installation), associated accessories, and staff training.
• Delivery and Installation.
o Contractor will deliver equipment to the NIHS VAMC Warehouse within 45 days after receipt of order (ARO).
o NIHS VAMC Biomedical Engineering and Supply Chain Management staff will be available within three (3) business days of delivery to inspect and accept the equipment.
If accepted, the equipment will be processed and entered into the inventory management system for facility tracking purposes. The equipment will then be delivered to the operating room.
If the equipment is not accepted, the Contractor will be contacted to address and correct any defects and/or concerns found. The Government will not be responsible for any additional shipping cost required to return unacceptable equipment.
o The Contractor must provide the expected lead time and equipment delivery date to the NIHS VAMC point of contact (POC) within two (2) weeks ARO. POC information will be provided to the Contractor at the time of award.
o Any unexpected shipping delays must be reported in writing to the POC and Contracting Officer.
o The Contractor will provide tracking information to the POC when the equipment is shipped.
o The POC will track shipping and delivery via email and telephone correspondence.
o Professional installation by the Contractor will be coordinated with the NIHS VAMC POC within 15 days of delivery, inspection and acceptance of the equipment. Installation is expected to be completed within 60 days after delivery and acceptance.
o The installation site will not require prep work or pre installation meetings.
o The Contractor will confirm successful completion of installation and provide written reports for required installation corrections (if needed).
o Acceptance Criteria. The laser system will be considered acceptable when:
The system is delivered and installed as per the equipment manufacturer’s specifications.
The system passes all functional tests performed by the NIHS VAMC Biomedical Engineering staff.
• Training and Technical Assistance.
o The Contractor will provide training for staff (up to 15 to include nurses, doctors, and technicians) on the effective operation and maintenance of the laser system within 60 days of equipment delivery.
o Training dates and times will be coordinated with the facility POC. The POC will ensure staff availability for training.
Effective Date: 01/15/2026 Revision: 03 o Training will be conducted at the Fort Wayne VAMC Surgery Department.
o The Contractor will provide certificates of completion to participants at the conclusion of training sessions.
o The Contractor will provide immediate virtual support and onsite support within 2 business days upon request.
Deliverables:
Delivery is FOB Destination. Hours of operation are Monday – Friday, 6:00AM – 3PM EST. No deliveries are accepted on the following Federal holidays:
• New Year’s Day – January 1
• Martin Luther King, Jr.’s birthday – 3rd Monday in January
• President’s Day – 3rd Monday in February
• Memorial Day - Last Monday in May
• Juneteenth National Independence Day - June 19
• Independence Day - July 4
• Labor Day - 1st Monday in September
• Columbus Day (Indigenous People’s Day) - 2nd Monday in October
• Veterans Day - November 11
• Thanksgiving Day - 4th Thursday in November
• Christmas Day – December 25th
The President of the United States of America may declare additional days as a federal holiday, and if so, this holiday will automatically be added to the list above. When a holiday falls on a Sunday, the following Monday shall be observed as a Federal holiday. When a holiday falls on a Saturday, the preceding Friday shall be observed as a Federal Holiday.
Equipment Technical Specifications:
• Wavelength: 1.2 pm
• Emission Modes: CW, Pulsed, and SP
• Super Pulse Power: 0.5 to 15W
• Peak Power: 30W
• Arm Reach: 45 inches
• Cooling: Self-contained air cooled
• Minimum Spot Diameter: .10mm (50mm handpiece), .25mm (125mm handpiece)
• Aiming Beam: 5mW Diode, adjustable
Equipment Dimensions:
• Height: 85 inches (216 cm)
• Width: 13.5 inches (50 cm)
• Depth: 20 inches (62.5 cm)
• Weight: 280 pounds (127 kg)
Environment:
• A minimum of 20 inches from walls to allow for ventilation
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• An enclosed environment in accordance with the ANSI Standard
• Maximum allowable humidity: 90%
• Room Temperature Range: 10-25 degrees Celsius (50-77 Fahrenheit)
Facility Power Requirements: A dedicated powerline: The powerline should not be shared with other heavy variable loads such as elevators, air conditioning systems, large motors, etc.
• Total FX o 120 Volts AC (+/- 10%) o 20 Amps o 50-60 Hz single phase o Recommended Power Outlet: NEMA 5-20R
• Alpha o 220 Volts AC (+/- 10%) o 20 Amps o 50-60 Hz single phase o Power Outlet: NEMA L6-20R
Place of Performance:
All work will be performed at the NIHS VAMC, 2121 Lake Avenue, Fort Wayne, IN 46805-5100
Security:
The Contractor will not have access to any personally identifiable information/protected health information (PHI/PII) during the performance of services as described within this requirement.
The certification and accreditation (C&A) requirements do not apply. A Security Accreditation Package is not required.
(End of Statement of Work)
The following FAR clauses apply to this acquisition:
1. 52.212-4, “Terms and Conditions—Commercial Products and Commercial Services.”
TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
(OCT 2025)
(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
Effective Date: 01/15/2026 Revision: 03 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;
(2) Remedy the delay as quickly as possible; and
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(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;
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(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.
(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 identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a termination for cause.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-
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(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon—
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to
Effective Date: 01/15/2026 Revision: 03 provide the Government, upon request, with adequate assurances of future performance. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered under this contract are merchantable and fit for use for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.
(r) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:
(1) The schedule of supplies/services;
(2) The Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;
(3) Other contract clauses incorporated in the solicitation or contract;
(4) Addenda to this solicitation or contract;
(5) Solicitation provisions incorporated in the solicitation;
(6) Other paragraphs of this clause;
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(7) Other documents, exhibits, and attachments; and
(8) The specification.
(s) Unauthorized obligations.
(1) Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:
(i) Any such clause is unenforceable against the Government.
(ii) Neither the Government nor any Government-authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.
(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.
(2) Paragraph (s)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.
(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period
Effective Date: 01/15/2026 Revision: 03 specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This clause does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(u) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of clause)
2. FAR 52.222-90, “Addressing DEI Discrimination by Federal Contractors” (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;
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(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.
3. FAR 52.225-1, “Buy American – Supplies” (NOV 2025) (DEVIATION) As prescribed in 25.601(a)(1)(i), insert the following clause:
(a) Definitions. As used in this clause— Commercially available off-the-shelf (COTS) item—
(1) Means any item of supply (including construction material) that is–
(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” at Federal Acquisition Regulation (FAR) 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.
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Component means an article, material, or supply incorporated directly into an end product.
Cost of components means—
(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product.
Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain.
The list of critical components is at FAR 25.105 .
Domestic end product means—
(1) For an end product that does not consist wholly or predominantly of iron or steel or a combination of both-
(i) An unmanufactured end product mined or produced in the United States;
(ii) An end product manufactured in the United States, if-
(A) The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029.
Components of foreign origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic. Components of unknown origin are treated as foreign. Scrap generated, collected, and prepared for processing in the United States is considered domestic; or
(B) The end product is a COTS item; or
(2) For an end product that consists wholly or predominantly of iron or steel or a combination of both, an end product manufactured in the United States, if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all the components used in the end product. The cost of foreign iron and steel includes
Effective Date: 01/15/2026 Revision: 03 but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the end product and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the end product contains multiple components, the cost of all the materials used in such end product is calculated in accordance with the definition of "cost of components".
End product means those articles, materials, and supplies to be acquired under the contract for public use.
Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.
Foreign end product means an end product other than a domestic end product.
Foreign iron and steel means iron or steel products not produced in the United States. Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.
Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components.
The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.
Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.
United States means the 50 States, the District of Columbia, and outlying areas.
(b) 41 U.S.C. chapter 83, Buy American, provides a preference for domestic end products for supplies acquired for use in the United States. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for an end product that is a COTS item, except that for an end product that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the end product, excluding COTS fasteners.
http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter83&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MC1jaGFwdGVyMzctZnJvbnQ%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1907&num=0&edition=prelim
Effective Date: 01/15/2026 Revision: 03
(c) Offerors may obtain from the Contracting Officer a list of foreign articles that the Contracting Officer will treat as domestic for this contract.
(d) The Contractor shall deliver only domestic end products except to the extent that it specified delivery of foreign end products in the provision of the solicitation entitled "Buy American Certificate."
(End of Clause)
4. VAAR 852.232-72, “Electronic Submission of Payment Requests” (NOV 2018) As prescribed in 832.7001-2, insert the following clause:
(a) Definitions. As used in this clause -
(1) Contract financing payment has the meaning given in FAR 32.001;
(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;
(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;
(4) Invoice payment has the meaning given in FAR 32.001; and
(5) Payment request means any request for contract financing payment or invoice payment submitted by the Contractor under this contract.
(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the Contractor shall submit payment requests in electronic form.
Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.
(c) Data transmission. A Contractor must ensure that the data transmission method and format are through one of the following:
(1) VA's Electronic Invoice Presentment and Payment System at the current website address provided in the contract.
(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).
Effective Date: 01/15/2026 Revision: 03
(d) Invoice requirements. Invoices shall comply with FAR 32.905.
(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for -
(1) Awards made to foreign vendors for work performed outside the United States;
(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;
(3) Contracts awarded by Contracting Officers in the conduct of emergency operations, such as responses to national emergencies;
(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or
(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.
5. VAAR 852.247-72, “Marking Deliverables” (OCT 2018)
As prescribed in 847.305-10(a) insert a clause substantially the same as:
(a) The contract number shall be placed on or adjacent to all exterior mailing or shipping labels of deliverable items called for by the contract.
(b) Mark deliverables, except reports, for: Mark purchase order (PO) number on all shipping documents.
6. VAAR 852.247-73, “Packing for Domestic Shipment” (OCT 2018)
As prescribed in 847.305-10(b), insert the following clause:
Material shall be packed for shipment in such a manner that will insure acceptance by common carriers and safe delivery at destination. Containers and
Effective Date: 01/15/2026 Revision: 03 closures shall comply with regulations of carriers as applicable to the mode of transportation.
7. FAR 52.252-2, “Clauses Incorporated by Reference” (FEB 1998) As prescribed in 52.107(a), insert the following provision:
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
The following clauses are incorporated by reference:
• 52.203-17, “Contractor Employee Whistleblower Rights.” (NOV 2023)
• 52.203-19, “Prohibition on Requiring Certain Internal Confidentiality
Agreements or Statement” (JAN 2017)
• 52.209-10, “Prohibition on contracting with Inverted Domestic
Corporations” (NOV 2015)
• 52.219-6, “Notice of Total Small Business Set-Aside.” (NOV 2020)
(DEVIATION NOV 2025)
• 52.219-33, “Nonmanufacturer Rule.” (SEP 2021) (DEVIATION NOV 2025)
• 52.222-3, “Convict Labor” (NOV 2025) (DEVIATION)
• 52.222-19, “Child Labor-Cooperation with Authorities and Remedies.”
(MAR 2026) (DEVIATION NOV 2025)
• 52.222-36, “Equal Opportunity for Workers with Disabilities” (NOV 2025)
(DEVIATION)
• 52.222-50, “Combating Trafficking in Persons” (NOV 2025) (DEVIATION)
• 52.223-23, “Sustainable Products” (NOV 2025) (DEVIATION)
• 52.225-1, “Buy American-Supplies (OCT 2022)” (DEVIATION NOV 2025) https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar
Effective Date: 01/15/2026 Revision: 03
• 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” (NOV 2025) (DEVIATION)
• 52.233-4, “Applicable Law for Breach of Contract Claim” (NOV 2025)
(DEVIATION)
INSTRUCTIONS FOR QUOTE SUBMISSION
1. Pricing – Each quotation must include an offer to provide all basic services/supplies required. As a minimum, offers must show—
(1) The solicitation number;
(2) The time specified in the solicitation for receipt of offers;
(3) The name, address, and telephone number of the offeror;
(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;
(5) Terms of any express warranty;
(6) Price and any discount terms;
(7) "Remit to" address, if different than mailing address.
All requests for information/questions must be submitted via email to the Contracting Specialist at Barbara.Robertson@va.gov, and received no later than (NLT) 09/21/2026 at 12:00PM EST.
All quotes must be submitted in electronic format via email to the Contracting Specialist by 09/23/2026 at 4:00PM EST. All quotes must be viewable using Microsoft Office products or Adobe Reader. Hard copy quotes or quotes submitted by fax will not be accepted.
Email subject line for quote submission: “Quote submission 36C25026Q0995 – CO2 Laser”. Telephonic (verbal) questions will not be addressed.
mailto:Barbara.Robertson@va.gov
Effective Date: 01/15/2026 Revision: 03
All responses to questions, which may affect offers, will be incorporated into a written amendment to the Request for Quote (RFQ).
The following must also be submitted to be considered for award:
• FAR 52.225-2 – Buy American Certificate (See Section 4 below)
• If not the original equipment manufacturer (OEM), provide a “Letter of Authorization” as a reseller/distributor from the OEM.
• Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://sam.gov.
• 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.
An award will be based upon a comparative evaluation of quotes in accordance with the Simplified Acquisition Procedures of RFO FAR 12. Comparative evaluation is the side by side pairwise comparison of quotes based on factors resulting in a Contracting Officer decision for the quote most favorable to the Government.
(End of Instructions)
The following FAR provisions apply to this acquisition:
1. FAR 52.212-1, “Instructions to Offerors–Commercial Products and Commercial Services” (SEP 2023)
As prescribed in 12.205(a)(1), insert a clause substantially as follows:
https://sam.gov/ https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-12
Effective Date: 01/15/2026 Revision: 03
(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
Effective Date: 01/15/2026 Revision: 03 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.
ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES (DEVIATION AUG 2025)
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
Effective Date: 01/15/2026 Revision: 03 version of FAR 52.212-1 contained in the FAR.
(End of provision)
2. FAR 52.212-2, “Evaluation – Commercial Products and Commercial Services”
(NOV 2021)
As prescribed in 12.205(a)(2), insert a provision substantially as follows:
(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:
Technical Capability. Offeror provided documentation evidencing that it can meet the requirements supplies/services IAW the Statement of Work
Price. The Contracting Officer will evaluate price for reasonableness. The Government will evaluate quotes for award purposes to determine the best value.
Warranty. Offeror provided documentation evidencing that it can meet the requirements supplies/services IAW the Statement of Work
(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.
3. FAR 52.216-1, “Type of Contract” (NOV 2025) (DEVIATION)
As prescribed in 16.104 , complete and insert the following provision:
Effective Date: 01/15/2026 Revision: 03
The Government contemplates award of a firm fixed price contract resulting from this solicitation.
4. FAR 52.225-2, “Buy American Certificate” (OCT 2022)
As prescribed in 25.601(a)(2), insert the following provision:
(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…
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