36C25622Q1427-Name Brand or Equal -Natus EEG Systems.pdf

A.1 Combined synopsis/solicitation number is 36C25622Q1427

1.This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, in conjunction with FAR Part 13, Simplified Acquisition Procedures for Certain Commercial Items as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This requirement will be evaluated using the comparative evaluation process outlined in FAR 13.106-

2 (b) (3), where quotations will be compared to one another to determine which provides the best benefit to the Government.

2. The combined synopsis/solicitation number is 36C25622Q1427.

3. Solicitation document and incorporated provisions and clauses are those in effect through

Federal Acquisition Circular FAC 2022-06 (eff. 05/26/2022)

4. This requirement is Total Small Business Set Aside. The North American Industry

Classification System number is 334510 with a size standard of 1250 Employees

5. Place of Performance: Veterans Healthcare System of the Ozarks, Warehouse Building 8, 1100 N. College Avenue, Fayetteville AR 727036.

6. Period of Performance: The period of performance shall be a base period of 30 days after award.

7. All questions regarding this solicitation shall be submitted via email to Contracting Officer, Anthony Marion at anthony.marion2@va.gov no later than 10:00A.M. Central Time on August

25, 2022.

8. Quotes are due no later than August 30, 2022 at 10:00A.M. Central Time and shall be submitted electronically via e-mail to the Contracting Officer, Anthony Marion at anthony.marion2@va.gov

APPLICABLE Provisions and Clauses

The provision at 52.212-1 Introduction to Offerors – Commercial, applies to this acquisition.

The provision at 52.212-2 EVALUATION – COMMERCIAL ITEMS (JAN 1999) applies to this acquisition.

All offers shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications –Commercial Items.

The clause at 52.212-4, Contract Terms and Conditions – Commercial Items, applies to this acquisition and a statement. The addendum to FAR 52.212-4 also applies to this acquisition.

The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or

Executive Orders – Commercial Items, applies to this acquisition and all additional FAR clauses cited in the clause are applicable to the acquisition.

Addendum to FAR 52.212-4 Show FAR clauses followed by VAAR clauses in numeric order.

Solicitation contains a list of all clauses incorporated by reference in numeric order under

52.252-2 (see below), starting first with FAR and followed by VAAR.

36C25622Q1427

Table of Contents

A.1 Combined synopsis/solicitation number is 36C25622Q1427

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

B.4 Performance Work Statement (PWS)

SECTION C - CONTRACT CLAUSES

C.1 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

C.2 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.3 VAAR 852.212-71 GRAY MARKET ITEMS (APR 2020)

C.4 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.5 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 21

C.6 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

C.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.3 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) (JUL 2020)

(DEVIATION)

SECTION B - CONTINUATION OF COMBINE SOLICITATION

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C256 Anthony Marion Department of Veterans Affairs Network Contracting Office 16 5075 Westheimer Road, Suite 750 Houston TX 77056-5643

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[X] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] After Delivery and Installation

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

Requests.

FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp

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

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Name Brand or Equal to Natus Electroencephalogram (EEG) systems LTM Portable Model BOM PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 1250 - Fire Control Stabilizing Mechanisms

0001AA

1.00 EA __________________ __________________

EEG/Sleep Acq Desktop with IP PTZ

1080p HD Color/BW Camera on ErgoJust Cart PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 1250 - Fire Control Stabilizing

MANUFACTURER PART NUMBER (MPN): PK1204HD

0001AB

24in FP Monitor

PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 1250 - Fire Control Stabilizing

MANUFACTURER PART NUMBER (MPN): 105075XL

0001AC

Medical Grade UPS with Isolation - 110V

ErgoJust Cart PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 1250 - Fire Control Stabilizing

MANUFACTURER PART NUMBER (MPN): UPS-NA-EJ

0001AD

Natus Brain Monitor Amplifier

PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 1250 - Fire Control Stabilizing

MANUFACTURER PART NUMBER (MPN): PK1274

0001AE

NeuroWorks 9.x Acquisition Software with

Spike / Event and High Res Video

PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 1250 - Fire Control Stabilizing

MANUFACTURER PART NUMBER (MPN): LC101-9

0001AF

Extended Video Monitoring Controllers

PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 1250 - Fire Control Stabilizing

MANUFACTURER PART NUMBER (MPN): 10193

0001AG

LED Photic Stimulator.

PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 1250 - Fire Control Stabilizing

MANUFACTURER PART NUMBER (MPN): PK1102

0001AH

MS Word Report Editor for

Neuroworks/Sleepworks PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 1250 - Fire Control Stabilizing

MANUFACTURER PART NUMBER (MPN): REPORT-EDITOR

0001AJ

Computer Provided with Encrypted Hard

Drive PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 1250 - Fire Control Stabilizing

MANUFACTURER PART NUMBER (MPN): ENCRYPTED

Review/Monitoring Desktop

PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 1250 - Fire Control Stabilizing

MANUFACTURER PART NUMBER (MPN): PK1014

0002AA

Review/Monitoring Desktop

PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 1250 - Fire Control Stabilizing

0002AB

Isolation Transformer

PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 1250 - Fire Control Stabilizing

MANUFACTURER PART NUMBER (MPN): NO-ISO

0002AC

24in FP Monitor

PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 1250 - Fire Control Stabilizing

MANUFACTURER PART NUMBER (MPN): 105075XL

0002AD

NeuroWorks 9.x Review Software

PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 1250 - Fire Control Stabilizing

MANUFACTURER PART NUMBER (MPN): LC102-9

0002AE

MS Word Report Editor for

Neuroworks/Sleepworks PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 1250 - Fire Control Stabilizing

MANUFACTURER PART NUMBER (MPN): REPORT-EDITOR

0002AF

Computer Provided with Encrypted Hard

Drive PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 1250 - Fire Control Stabilizing

MANUFACTURER PART NUMBER (MPN): ENCRYPTED

Trex HD Ambulatory

Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 1250 - Fire Control Stabilizing

0003AA

2.00 EA __________________ __________________

Trex HD Ambulatory

PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 1250 - Fire Control Stabilizing

MANUFACTURER PART NUMBER (MPN): PK1055HD

NeuroWorks/SleepWorks 9.x Data Server Software

Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 1250 - Fire Control Stabilizing

0004AA

NeuroWorks/SleepWorks 9.x Data Server Software

PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 1250 - Fire Control Stabilizing

MANUFACTURER PART NUMBER (MPN): LC500-9

HL7 Implementation for NeuroWorks 9.x - IMPORT

Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 1250 - Fire Control Stabilizing

0005AA

HL7 Implementation for NeuroWorks 9.x - IMPORT

PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 1250 - Fire Control Stabilizing

0005AB

HL7 Implementation for NeuroWorks 9.x -

EXPORT

PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 1250 - Fire Control Stabilizing

MANUFACTURER PART NUMBER (MPN): HL7-OUT-9

1.00 JB __________________ __________________

Installation

Electrotherapeutic Apparatus Manufacturing

PRODUCT/SERVICE CODE: 1250 - Fire Control Stabilizing

MANUFACTURER PART NUMBER (MPN): Installation

1.00 JB __________________ __________________

Training

PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 1250 - Fire Control Stabilizing

MANUFACTURER PART NUMBER (MPN): Training

GRAND TOTAL __________________

B.3 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY DELIVERY DATE

0001 SHIP TO: Veterans Healthcare System of the Ozarks Warehouse Building 8 (For the Eye Clinic) 1100 N. College Avenue Fayetteville, AR 72703

USA

0.00 30 Days After Receipt of Order (ARO)

MARK

FOR:

Heather R. Hinds 479-443-4301 (65141) heather.hinds@va.gov

0001AA SHIP TO: Veterans Healthcare System of the Ozarks Warehouse Building 8 (For the Eye Clinic) 1100 N. College Avenue

1.00 30 Days After Receipt of

MARK

FOR:

Heather R. Hinds

0001AB SHIP TO: Veterans Healthcare System of the

Warehouse Building 8 (For the Eye Clinic) 1100 N. College Avenue

MARK

FOR:

Heather R. Hinds

0001AC SHIP TO: Veterans Healthcare System of the

Warehouse Building 8 (For the Eye Clinic) 1100 N. College Avenue

MARK

FOR:

Heather R. Hinds

0001AD SHIP TO: Veterans Healthcare System of the

Warehouse Building 8 (For the Eye Clinic) 1100 N. College Avenue

MARK

FOR:

Heather R. Hinds

0001AE SHIP TO: Veterans Healthcare System of the

Warehouse Building 8 (For the Eye Clinic) 1100 N. College Avenue

MARK

FOR:

Heather R. Hinds

0001AF SHIP TO: Veterans Healthcare System of the

Warehouse Building 8 (For the Eye Clinic) 1100 N. College Avenue

MARK

FOR:

Heather R. Hinds

0001AG SHIP TO: Veterans Healthcare System of the 1.00 30 Days After Receipt of

Ozarks Warehouse Building 8 (For the Eye Clinic) 1100 N. College Avenue

MARK

FOR:

Heather R. Hinds

0001AH SHIP TO: Veterans Healthcare System of the

Warehouse Building 8 (For the Eye Clinic) 1100 N. College Avenue

MARK

FOR:

Heather R. Hinds

0001AJ SHIP TO: Veterans Healthcare System of the

Warehouse Building 8 (For the Eye Clinic) 1100 N. College Avenue

MARK

FOR:

Heather R. Hinds

0002 SHIP TO: Veterans Healthcare System of the

Warehouse Building 8 (For the Eye Clinic) 1100 N. College Avenue

MARK

FOR:

Heather R. Hinds

0002AA SHIP TO: Veterans Healthcare System of the

Warehouse Building 8 (For the Eye Clinic) 1100 N. College Avenue Fayetteville, AR 72703

FOR:

Heather R. Hinds

0002AB SHIP TO: Veterans Healthcare System of the

Warehouse Building 8 (For the Eye Clinic) 1100 N. College Avenue

MARK

FOR:

Heather R. Hinds

0002AC SHIP TO: Veterans Healthcare System of the

Warehouse Building 8 (For the Eye Clinic) 1100 N. College Avenue

MARK

FOR:

Heather R. Hinds

0002AD SHIP TO: Veterans Healthcare System of the

Warehouse Building 8 (For the Eye Clinic) 1100 N. College Avenue

MARK

FOR:

Heather R. Hinds

0002AE SHIP TO: Veterans Healthcare System of the

Warehouse Building 8 (For the Eye Clinic) 1100 N. College Avenue

MARK

FOR:

Heather R. Hinds

0002AF SHIP TO: Veterans Healthcare System of the Ozarks Warehouse Building 8 (For the Eye Clinic) 1100 N. College Avenue

MARK

FOR:

Heather R. Hinds

0003 SHIP TO: Veterans Healthcare System of the

Warehouse Building 8 (For the Eye Clinic) 1100 N. College Avenue

MARK

FOR:

Heather R. Hinds

0003AA SHIP TO: Veterans Healthcare System of the

Warehouse Building 8 (For the Eye Clinic) 1100 N. College Avenue

2.00 30 Days After Receipt of

MARK

FOR:

Heather R. Hinds

0004 SHIP TO: Veterans Healthcare System of the

Warehouse Building 8 (For the Eye Clinic) 1100 N. College Avenue

MARK

FOR:

Heather R. Hinds

0004AA SHIP TO: Veterans Healthcare System of the

Warehouse Building 8 (For the Eye Clinic) 1100 N. College Avenue

FOR:

Heather R. Hinds

0005 SHIP TO: Veterans Healthcare System of the

Warehouse Building 8 (For the Eye Clinic) 1100 N. College Avenue

MARK

FOR:

Heather R. Hinds

0005AA SHIP TO: Veterans Healthcare System of the

Warehouse Building 8 (For the Eye Clinic) 1100 N. College Avenue

MARK

FOR:

Heather R. Hinds

0005AB SHIP TO: Veterans Healthcare System of the

Warehouse Building 8 (For the Eye Clinic) 1100 N. College Avenue

MARK

FOR:

Heather R. Hinds

0006 SHIP TO: Veterans Healthcare System of the

Warehouse Building 8 (For the Eye Clinic) 1100 N. College Avenue

MARK

FOR:

Heather R. Hinds heather.hinds@va.gov

0007 SHIP TO: Veterans Healthcare System of the Ozarks Warehouse Building 8 (For the Eye Clinic) 1100 N. College Avenue

MARK

FOR:

Heather R. Hinds

B.4 Performance Work Statement (PWS)

Performance Work Statement (PWS)

1. Background:

1.1. The Veterans Healthcare System of the Ozarks (VHSO) Sleep Laboratory requires

Electroencephalogram (EEG) systems with the specified configurations for sleep studies.

EEG monitoring is required in real-time for observing, recording, and annotating all types of EEG testing in both pediatric and adult patients. One (1) of the EEG systems shall be a cart system and the other 2 (two) shall be ambulatory systems.

1.2. The existing EEG systems at the VHSO have reached their end-of-life dates.

1.3. Systems are not compatible with Windows operating systems beyond Windows 7 and are not capable of connecting to the VA network.

1.4. Until recently, the existing EEG systems were able to remain in use at the VHSO, because the Medical Provider was able to analyze the EEG readings in person. The

Medical Provider is no longer with the VHSO which creates an immediate need for updated EEG systems that can connect to the network to enable remote readings by other

VA Medical providers. Without these systems, the VHSO will have to refer patients to the Community for Neurology which currently has up to one year wait times for appointments. With this need for Veterans and prevent any delays, all offers shall meet or exceed product requirements per PWS and all contract requirements in section four (4) when submitting their quote.

2. Scope:

2.1. The Contractor shall furnish all labor, transportation, installation, training, materials, and expertise necessary to provide the VHSO with 1 each fixed EEG system, 2 each portable EEG system, the required software, installation, and training for the EEG systems.

3. Salient Characteristics: Name Brand or equal to Natus EEG system that include but not limited to the following:

3.1. One of the EEG systems shall be a fixed system and the other shall be portable systems.

3.2. Shall come with an EEG/sleep combo software package.

3.3. Shall be capable of simple set up, collection, review, analysis, and reporting.

3.4. Shall be capable of multiple spike and event analysis plus many additional advanced trending options and Physiologic monitoring integration options.

3.5. Shall be capable of spike and seizure detection components high resolution video.

3.6. Shall come with a visual montage editor, integrated camera options, and be capable of fully synchronized full HD video. Shall be capable of up to 96 hours of full HD video, wirelessly synchronized with EEG.

3.7. Shall be capable of data sharing in multi-site environments including automated export and import to remote locations. Shall be capable of two data streams which stream data directly to a server for reliability, security, and efficient clinical and research workflow.

3.8. Shall be Software Development Kit (SDK) capable for direct data access for research.

3.9. Shall come with built-in HIPAA compliance software for role-based operation with Active

Directory integration.

3.10. Shall possess a centralized and efficient software update process.

3.11. Shall be equipped with high-definition USB ports, an internal Secure Digital (SD) card storage space to record up to 96 hours of ambulatory EEG data and be capable of blue tooth pairing.

3.12. Shall be capable of integrating with a range of wired and wireless EEG amplifiers with 32-to 256- channels, plus differential and Direct Current (DC) channel options.

3.13. Shall be capable of a range of sampling rates from 200 Hz to 16 kHz.

3.14. Shall be capable of performing EEG recordings in Direct Current (DC) mode.

3.15. Shall be capable of advanced digital trigger input, up to 256 trigger values.

3.16. Shall enable role-based security access to features and studies.

3.17. Shall possess automated power recovery.

3.18. Shall come with network capabilities with Health Level 7 (HL7) for remote reading.

3.19. Shall come with real-time acquisition review.

3.20. Shall come with Laplacian referencing.

3.21. Shall come with installation and training.

3.22. Shall come with Neuro software upgrades included as long as platform is supported.

3.23. Shall come with 24-inch Flat Panel (FP) monitor.

3.24. Shall be compatible with Cerner Millennium VA-wide Electronic Health Record system implementation.

3.25. System shall have the capabilities to connect to server for archiving patient recording of

Raw data.

4. Contractor Requirements:

4.1. Contractor shall submit with technical quote, current approval for integration with Cerner

Millennium VA-wide Electronic Health Record system implementation.

4.2. Contractor shall submit with technical quote, documentation they are approved to connect to the VA network through the Specialized Device Cybersecurity Department (SDCD) with the Enterprise Risk Analysis process (ERA).

4.3. Contractor shall submit with technical quote, documentation they have completed the

Initial Operating Capabilities (IOC) and Enterprise Risk Analysis (ERA) conducted through the Specialized Device Cybersecurity Department (SDCD).

4.4. Upon arrival at VHSO, the Contractor shall be required to log in with VA Police Dispatch to obtain a contractor badge. The contractor will always visibly wear the badge while on VHSO premises and will be required to turn in the badge before leaving VHSO premises.

4.5. The Contractor shall not perform any service or provide any item that is outside the scope of work without the written approval of the Contracting Officer.

5. Delivery Schedule:

5.1. Contractor shall deliver and install equipment 30 Days After Receipt of Order (ARO).

5.2. Delivery Address:

Veterans Healthcare System of the Ozarks

Warehouse Building 8

ATTN: Heather R. Hinds

1100 N. College Avenue

6. Invoicing: After Delivery and Installation

SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.1 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

(a) The Contractor shall conform to the standards established by: Food and Drug

Administration (FDA).

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

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

(FDA)

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

(End of Clause)

C.2 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting

Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[X] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.]

[] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[X] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business

Evaluation Factors.

[X] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price

Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small

Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[] 852.233–70, Protest Content/Alternative Dispute Resolution.

[] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[X] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[X] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[X] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause)

C.3 VAAR 852.212-71 GRAY MARKET ITEMS (APR 2020)

(a) No gray market or remanufactured items will be acceptable. Gray market items are Original

Equipment Manufacturers’ (OEM) goods sold through unauthorized channels in direct competition with authorized distributors. This procurement is for new OEM medical equipment only for VA medical facilities.

(b) Vendor shall be an OEM, authorized dealer, authorized distributor or authorized reseller for the proposed equipment/system, verified by an authorization letter or other documents from the

OEM. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions.

(End of Clause)

C.4 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—

MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes FAR 52.219-6 Notice of Total Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an

“Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause)

C.5 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT

2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer

(ACO) for the purpose of performing certain tasks/duties in the administration of the contract.

Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of Clause)

C.6 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

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

Veterans Healthcare System of the Ozarks

Warehouse Building 8

ATTN: Heather R. Hinds

1100 N. College Avenue

Fayetteville, AR 72703

(End of Clause)

C.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

FAR

Number

Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

NOV 2021

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—

COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (MAY 2022) (JUL 2020) (DEVIATION)

MAY 2022

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

NOV 2021

(End of Addendum to 52.212-4)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR

ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

This combined synopsis/solicitation is issued under Federal Acquisition Regulation 12 and 13, Simplified Procedures for Certain Commercial Items.

QUOTE PREPARATION INSTRUCTIONS:

1. Quote Preparation

a. These instructions are designed to ensure the proper submission of information necessary to provide for comprehensive evaluation of quotes. Quoters shall carefully review this section prior to commencing preparation of quotes and take the necessary measures to ensure that the information submitted is factual, accurate, and complete.

2. Submission Instructions

a. One electronic copy (email) of all sections of the quote (Technical and Price) shall be submitted to the

Contracting Officer via email to anthony.marion2@va.gov on or before the due date and time listed in this solicitation. The contractor’s email shall include in the subject line “RFQ 36C25622Q1427 – Name

Brand or Equal Natus EEG Systems.

b. Faxed quotes are NOT permitted under any circumstances.

3. Quote Format

a. Electronic Copy: Provide one (1) electronic copy of the complete quote. Electronic copies must be in

Microsoft Word or Adobe Acrobat format, and virus checked prior to submission.

b. The quoters shall be held responsible for the validity of all information supplied in their quote.

c. Please complete and submit, with Technical quote (volume 1), paragraph B.1 Contract Administration.

3.1. Volume 1 contains one section, Technical.

A summary of the Technical Volume 1 requirement is listed below. The detailed requirement for the technical volume is listed in section 4.

a. Technical

i. Offeror’s Qualifications/Documentation

ii. Offeror’s Product

b. Completed Section B.1 Contract Administration

3.1.1 Past Performance - The contractor does not need to turn in any information for past performance.

CPARS will be reviewed.

3.2. Volume 2 contains one section, Pricing Information.

A summary of the Price Volume 2 requirement is listed below.

a. Completed Section B.2 Price Schedule.

b. Signed copies of all solicitation amendments.

4. Quote Volume Requirements

a. Volume 1 – TECHNICAL

i. Offeror’s Qualifications/Documentation

1. Contractor shall submit with technical quote, current approval for integration with Cerner Millennium

VA-wide Electronic Health Record system implementation.

2. Contractor shall submit with technical quote, documentation they are approved to connect to the VA network through the Specialized Device Cybersecurity Department (SDCD) with the Enterprise Risk

Analysis process (ERA).

3. Contractor shall submit with technical quote, documentation they have completed the Initial Operating

Capabilities (IOC) and Enterprise Risk Analysis (ERA) conducted through the Specialized Device

Cybersecurity Department (SDCD).

4. Offerors shall submit a copy of OEM authorization with technical quote.

5. Contractor shall deliver and install product 30 Days after receipt of order.

ii. Offeror’s Product

Offers of "equal" products, including "equal" products of the brand name manufacturer, shall-

1. Meet the salient physical, functional, or performance characteristic specified in this solicitation.

2. Offerors shall provide the name, make or model number, and part numbers for all equipment.

3. Offerors shall provide descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer.

b. Completed Section B.1 Contract Administration

Provisions that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following provisions are incorporated into 52.212-1 as an addendum to this solicitation:

E.1 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the

Offeror has represented that it ‘‘does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument’’ in paragraph (c)(1) in the provision at

52.204–26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212–3, Offeror Representations and Certifications–

Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it ‘‘does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services’’ in paragraph (c)(2) of the provision at 52.204–26, or in paragraph (v)(2)(ii) of the provision at 52.212–3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204–25, Prohibition on Contracting for

Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization

Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after

August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal

Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”

(d) Representations. The Offeror represents that—

(1) It [ ] will, [ ] 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. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will’’ in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services.

The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does’’ in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the

Offeror has responded “will’’ in the representation in paragraph (d)(1) of this provision, the

Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services https://www.sam.gov/ and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does’’ in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph

(b)(2) of this provision.

(End of Provision)

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Provision)

FAR

Number

Title Date

52.204-7 SYSTEM FOR AWARD MANAGEMENT OCT 2018

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE

REPORTING

AUG 2020

52.211-6 BRAND NAME OR EQUAL AUG 1999

52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

NOV 2021

52.214-21 DESCRIPTIVE LITERATURE APR 2002

52.216-1 TYPE OF CONTRACT APR 1984

(End of Addendum to 52.212-1)

E.3 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(1) FACTOR 1 - TECHNICAL

(2) FACTOR 2 - PAST PERFORMANCE

(3) FACTOR 3 - PRICE

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the

Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) (JUL

2020) (DEVIATION)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management

(SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision—

Covered telecommunications equipment or services has the meaning provided in the clause

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment.

https://www.sam.gov/

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-

9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Reasonable inquiry has the meaning provided in the clause 52.204–25, Prohibition on

Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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;

(2) Are conducted pursuant to 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)).

Service-disabled veteran-owned small business concern—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

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

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(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, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR…