36C25726Q0379_1.docx
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- Solicitation number
- 36C25726Q0379
About this file
This is a Combined Synopsis/Solicitation Notice (SF 1449) for service support of Hamilton G5/MR-1 ventilator equipment at the VA Medical Center Dallas. The solicitation is a 100% Service-Disabled Veteran-Owned Small Business (SDVOSB) set-aside with a solicitation number 36C25726Q0379, issued by the Department of Veterans Affairs Network Contracting Office in San Antonio, Texas. The response deadline is April 13, 2026, at 12:00 PM Central Time. The contracting officer is Janice Malbon (janice.malbon@va.gov, 210-694-6311), and technical questions must be submitted by April 6, 2026, at 3:00 PM Eastern Time. The place of performance is the Department of Veterans Affairs Dallas VA Medical Center, 4500 S. Lancaster Road, Dallas, Texas 75216.
The Statement of Work requires comprehensive service support for 45 Hamilton G5 ventilators and 2 Hamilton MR-1 ventilators, including repairs, preventative maintenance, equipment inspections, parts replacement, and detailed reporting. Field service engineers must be licensed or contracted with the original equipment manufacturer (OEM), and all parts must be certified new from the OEM. The contractor must respond to service requests within 24 hours, available 8:00 AM to 6:00 PM Eastern Time. The contract period runs from June 6, 2026, to June 5, 2027 (base year), with one option year from June 6, 2027, to June 5, 2028. The contractor must provide monthly invoices submitted electronically via the VA's Electronic Invoice Presentment and Payment System with Net 30 payment terms. Pricing must be submitted as firm fixed unit prices for two line items: HMI 59200MR1 (Hamilton MR-1) and HMI 10148723 (Hamilton G5) for the base year and option year. The solicitation requires offerors to submit a signed SF 1449, technical capability volume, and separate pricing volume, and must include an authorized distributor letter from the OEM. All offers must be received by the deadline and must remain firm for 90 calendar days. SDVOSB certification must be current and verified in the SBA certification database at time of offer submission.
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36C25726Q0379
| SUBJECT* |
| Hamilton Ventilators Support | Base 1 Option Year |
GENERAL INFORMATION
| CONTRACTING OFFICE’S ZIP CODE* |
| 78240 |
| SOLICITATION NUMBER* |
| 36C25726Q0379 |
| RESPONSE DATE/TIME/ZONE |
| 04-13-2026 12:00 pm CENTRAL TIME, CHICAGO, USA |
| ARCHIVE |
| 15 DAYS AFTER THE RESPONSE DATE |
| RECOVERY ACT FUNDS |
| N |
| SET-ASIDE |
| SDVOSBC |
| PRODUCT SERVICE CODE* |
| J065 |
| NAICS CODE* |
| 339112 |
| CONTRACTING OFFICE ADDRESS |
| Department Of Veterans Affairs |
Network Contracting Office 17
5441 Babcock Road Ste. 302 San Antonio TX 78240
POINT OF CONTACT*
Contract Specialist Janice Malbon janice.malbon@va.gov
PLACE OF PERFORMANCE
| ADDRESS |
| Department of Veterans Affairs |
Dallas VA Medical Center
4500 S. Lancaster Road
Dallas TX
| POSTAL CODE |
| 75216 |
| COUNTRY |
| USA |
ADDITIONAL INFORMATION
AGENCY’S URL
URL DESCRIPTION
AGENCY CONTACT’S EMAIL ADDRESS
EMAIL DESCRIPTION
DESCRIPTION
Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice Service support for Hamilton G5/MR-1 Ventilators equipment and corresponding components located at the VA Medical Center located in Dallas, TX, which is part of the VA North Texas Healthcare System (VANTHCS).
| *= Required Field |
| Combined Synopsis/Solicitation Notice |
Combined Synopsis/Solicitation Notice
PAGE 1 OF
1. REQUISITION NO.
2. CONTRACT NO.
3. AWARD/EFFECTIVE DATE
4. ORDER NO.
5. SOLICITATION NUMBER
6. SOLICITATION ISSUE DATE
a. NAME
b. TELEPHONE NO. (No Collect Calls)
8. OFFER DUE DATE/LOCAL
TIME
9. ISSUED BY
CODE
10. THIS ACQUISITION IS
UNRESTRICTED OR
SET ASIDE:
% FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS:
SIZE STANDARD:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ
IFB
RFP
15. DELIVER TO
CODE
16. ADMINISTERED BY
CODE
17a. CONTRACTOR/OFFEROR
CODE
FACILITY CODE
18a. PAYMENT WILL BE MADE BY
CODE
TELEPHONE NO.
UEI:
EFT:
PHONE:
FAX:
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED
SEE ADDENDUM
19.
20.
21.
22.
23.
24.
ITEM NO.
SCHEDULE OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA
26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
ARE
ARE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
ARE
ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________
29. AWARD OF CONTRACT: REF. ___________________________________ OFFER
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DATED ________________________________. YOUR OFFER ON SOLICITATION
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
(REV. NOV 2021)
PREVIOUS EDITION IS NOT USABLE
Prescribed by GSA - FAR (48 CFR) 53.212
7. FOR SOLICITATION
INFORMATION CALL:
STANDARD FORM 1449
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
36C25726Q0379 04-03-2026 Janice Malbon, janice.malbon@va.gov 210-694-6311 04-13-2026 12:00 pm
CDT
36C257 Department Of Veterans Affairs Network Contracting Office 17 5441 Babcock Road Ste. 302 San Antonio TX 78240 X X 339112 1000 Employees
NET 30
N/A X Department of Veterans Affairs Dallas VA Medical Center 4500 S. Lancaster Road Dallas TX 75216 36C257 Department Of Veterans Affairs Network Contracting Office 17 5441 Babcock Road Ste. 302 San Antonio TX 78240
This is accomplished through the Tungsten Network located at:
http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.
(877) 353-9791
(512) 460-5540 See CONTINUATION Page Contractor shall provide service support per the Statement of Work.
Blocks 30a, 30b, 30c, on page 1 of the SF 1449 must be completed and signed in order to be considered for award.
Please read Provisions 52.212-1 and 52.212-2 for instructions and evaluation criteria.
Information must be submitted by the deadline in block 8.
See CONTINUATION Page X X Janice Malbon Page 1 of Table of Contents
| SECTION A | 4 |
| A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES | 4 |
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 6 |
| B.1 CONTRACT ADMINISTRATION DATA | 6 |
| B.2 STATEMENT OF WORK | 7 |
| B.3 PRICE/COST SCHEDULE | 17 |
| ITEM INFORMATION | 17 |
| B.4 DELIVERY SCHEDULE | 19 |
| SECTION C - CONTRACT CLAUSES | 21 |
| C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 21 |
| C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) | 21 |
| C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) | 22 |
| C.4 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018) | 22 |
| C.5 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION) | 22 |
| C.6 VAAR 852.222-71 COMPLIANCE WITH EXECUTIVE ORDER 13899 (DEVIATION)(APR 2025) | 25 |
| C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) | 25 |
| C.8 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) | 27 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 28 |
| SECTION E - SOLICITATION PROVISIONS | 29 |
| E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 29 |
| E.2 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023) | 29 |
| E.3 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) | 35 |
| E.4 VAAR 852.209-70 ORGANIZATIONAL CONFLICTS OF INTEREST (OCT 2020) | 35 |
| E.5 VAAR 852.215-72 NOTICE OF INTENT TO RE-SOLICIT (OCT 2019) | 36 |
| E.6 VAAR 852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY ACCESSIBILITY NOTICE (FEB 2023) | 36 |
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
1. Contract Administration: All contract administration matters will be handled by the following individuals:
a. CONTRACTOR:
b. GOVERNMENT: Contracting Officer 36C257 Janice D. Malbon Department Of Veterans Affairs Network Contracting Office 17
5441 Babcock Road Ste. 302 San Antonio TX 78240
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
| [X] |
| 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or |
| [] |
| 52.232-36, Payment by Third Party |
3. INVOICES: Invoices shall be submitted in arrears:
| a. Quarterly | [] |
| b. Semi-Annually | [] |
| c. Other | [X] Monthly |
4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
| AMENDMENT NO |
| DATE |
Service support for Hamilton G5/MR-1 Ventilators equipment and corresponding components located at the VA Medical Center located in Dallas, TX, which is part of the VA North Texas Healthcare System (VANTHCS).
B.2 STATEMENT OF WORK
General: The contractor shall provide service support for our Hamilton G5/MR-1 Ventilators equipment and corresponding components located at the VA Medical Center located in Dallas, TX, which is part of the VA North Texas Healthcare System (VANTHCS). The Hamilton G5 Ventilator is a ventilator for adult patients, offering ventilation with responsive flow triggering and volume monitoring. It is utilized for complex, critically ill patients in all ICU settings.
Description of Work: The contractor shall provide all required services, repair, PM, ES inspection, reporting, and parts for the Hamilton G5/MR-1 Ventilator’s software and equipment in accordance with the original equipment manufacturer (OEM) specifications. Field service engineers must be licensed or contracted with the original manufacturer to work on the equipment. All parts must be certified new from the original manufacturer. The C&A requirements do not apply, and a Security Accreditation Package is not required. Reference below for equipment type and the required service:
Components of the Hamilton G5/MR-1 Ventilators requiring maintenance service coverage include;
· Ventilators
· Cables, Parts
The coverage of the full service consists of:
· Repairs
· Parts
· Preventative maintenance
· Inspection
· Equipment tracking
· Reporting of issues.
Equipment Description: Hamilton G5/MR-1 Ventilators
| EE# |
| SN# |
| Manufacturer |
| Model Name |
| Location |
| 176246 |
| 21948 |
| HAMILTON CO |
| HAMILTON-G5 |
| 5B500E-2J-D-549 |
| 176247 |
| 22011 |
| HAMILTON CO |
| HAMILTON-G5 |
| 5A293-2J-D-549 |
| 176248 |
| 22000 |
| HAMILTON CO |
| HAMILTON-G5 |
| 5A293-2J-D-549 |
| 176249 |
| 21996 |
| HAMILTON CO |
| HAMILTON-G5 |
| 5B251-2J-D-549 |
| 176250 |
| 21979 |
| HAMILTON CO |
| HAMILTON-G5 |
| 5A293-2J-D-549 |
| 176251 |
| 21937 |
| HAMILTON CO |
| HAMILTON-G5 |
| 5A293-2J-D-549 |
| 176252 |
| 21970 |
| HAMILTON CO |
| HAMILTON-G5 |
| 5A293-2J-D-549 |
| 176253 |
| 22003 |
| HAMILTON CO |
| HAMILTON-G5 |
| 1A445-2J-D-549 |
| 176254 |
| 21990 |
| HAMILTON CO |
| HAMILTON-G5 |
| 5B202T-2J-D-549 |
| 176255 |
| 21983 |
| HAMILTON CO |
| HAMILTON-G5 |
| 5A109H-2J-D-549 |
| 176256 |
| 21809 |
| HAMILTON CO |
| HAMILTON-G5 |
| 5A293-2J-D-549 |
| 176257 |
| 21958 |
| HAMILTON CO |
| HAMILTON-G5 |
| 5A293-2J-D-549 |
| 176258 |
| 21998 |
| HAMILTON CO |
| HAMILTON-G5 |
| 5A293-2J-D-549 |
| 176259 |
| 21945 |
| HAMILTON CO |
| HAMILTON-G5 |
| 5A293-2J-D-549 |
| 176260 |
| 21976 |
| HAMILTON CO |
| HAMILTON-G5 |
| 5A293-2J-D-549 |
| 176261 |
| 21993 |
| HAMILTON CO |
| HAMILTON-G5 |
| 5A293-2J-D-549 |
| 176262 |
| 22008 |
| HAMILTON CO |
| HAMILTON-G5 |
| 5A109H-2J-D-549 |
| 176263 |
| 22013 |
| HAMILTON CO |
| HAMILTON-G5 |
| 5B500E-2J-D-549 |
| 176264 |
| 21849 |
| HAMILTON CO |
| HAMILTON-G5 |
| 5A293-2J-D-549 |
| 176265 |
| 21946 |
| HAMILTON CO |
| HAMILTON-G5 |
| 5B251-2J-D-549 |
| 176266 |
| 22006 |
| HAMILTON CO |
| HAMILTON-G5 |
| 5A293-2J-D-549 |
| 176267 |
| 21775 |
| HAMILTON CO |
| HAMILTON-G5 |
| 5A293-2J-D-549 |
| 176268 |
| 21637 |
| HAMILTON CO |
| HAMILTON-G5 |
| 5A109K-2J-D-549 |
| 176269 |
| 21999 |
| HAMILTON CO |
| HAMILTON-G5 |
| 5A293-2J-D-549 |
| 176270 |
| 22009 |
| HAMILTON CO |
| HAMILTON-G5 |
| 5A293-2J-D-549 |
| 176271 |
| 21977 |
| HAMILTON CO |
| HAMILTON-G5 |
| 5B251-2J-D-549 |
| 176286 |
| 3532 |
| HAMILTON CO |
| HAMILTON-MR1 |
| 5A109H-2J-D-549 |
| 176287 |
| 3503 |
| HAMILTON CO |
| HAMILTON-MR1 |
| 5A109H-2J-D-549 |
| 176295 |
| 22014 |
| HAMILTON CO |
| HAMILTON-G5 |
| 1A445-2J-D-549 |
| 176296 |
| 21965 |
| HAMILTON CO |
| HAMILTON-G5 |
| 5B251-2J-D-549 |
| 176297 |
| 21943 |
| HAMILTON CO |
| HAMILTON-G5 |
| 5C109-2-D-549 |
| 176298 |
| 22007 |
| HAMILTON CO |
| HAMILTON-G5 |
| 5A293-2J-D-549 |
| 176299 |
| 22004 |
| HAMILTON CO |
| HAMILTON-G5 |
| 5A293-2J-D-549 |
| 176300 |
| 21806 |
| HAMILTON CO |
| HAMILTON-G5 |
| 5A293-2J-D-549 |
| 176301 |
| 21997 |
| HAMILTON CO |
| HAMILTON-G5 |
| 5A293-2J-D-549 |
| 176302 |
| 21856 |
| HAMILTON CO |
| HAMILTON-G5 |
| 5B251-2J-D-549 |
| 176303 |
| 22012 |
| HAMILTON CO |
| HAMILTON-G5 |
| 5A293-2J-D-549 |
| 176304 |
| 22001 |
| HAMILTON CO |
| HAMILTON-G5 |
| 5B251-2J-D-549 |
| 176305 |
| 21995 |
| HAMILTON CO |
| HAMILTON-G5 |
| 5A293-2J-D-549 |
| 176417 |
| 21866 |
| HAMILTON CO |
| HAMILTON-G5 |
| 5A293-2J-D-549 |
| 189192 |
| 22532 |
| HAMILTON CO |
| HAMILTON-G5 |
| 5B201-2J-D-549 |
| 189193 |
| 22533 |
| HAMILTON CO |
| HAMILTON-G5 |
| 5B201-2J-D-549 |
| 189194 |
| 22661 |
| HAMILTON CO |
| HAMILTON-G5 |
| 5B201-2J-D-549 |
| 189195 |
| 23473 |
| HAMILTON CO |
| HAMILTON-G5 |
| 5B201-2J-D-549 |
| 189196 |
| 23598 |
| HAMILTON CO |
| HAMILTON-G5 |
| 5A293-2J-D-549 |
| 189197 |
| 23604 |
| HAMILTON CO |
| HAMILTON-G5 |
| 5B201-2J-D-549 |
| 189200 |
| 23618 |
| HAMILTON CO |
| HAMILTON-G5 |
| 5A293-2J-D-549 |
| 189203 |
| 23619 |
| HAMILTON CO |
| HAMILTON-G5 |
| 1A445-2J-D-549 |
| 189204 |
| 23621 |
| HAMILTON CO |
| HAMILTON-G5 |
| 5B201-2J-D-549 |
| 189205 |
| 23622 |
| HAMILTON CO |
| HAMILTON-G5 |
| 5B201-2J-D-549 |
Field service engineers, project managers, or other support staff must be licensed or contracted with the original manufacturer to work on the equipment. All parts must be certified new from the original manufacturer. We have had an initial inspection by Outset Medical, and they have determined the part numbers above. The vendor shall commence work within 24 hours of receiving award PO.
Vendor shall not commence work without receiving written authorization by the COR. Hours spent towards the project will be sent to the COR each Friday for tracking purposes.
Hours of Performance: Service shall start upon contract award. Upgrades shall be installed within 30 days of contract award. Delivery for all issues requiring corrective and periodic maintenance shall be available from 8:00 AM Eastern Time to 18:00 PM Eastern Time with a 24 hour maximum response time.
Period of Performance:
Base year: 06/06/2026 – 06/05/2027 Option year 1: 06/06/2027 – 06/07/2028
Dates as specified unless contract award passes these dates. Then the first date of performance will start the day of award.
Check in Requirements: The Field Service Engineer must report to the Biomedical Engineering Department to obtain a badge and sign in with the Biomedical Engineering Service before work begins. Submit any mobile media devices that would be used on the system to a virus scan. Upon completion of work, the Field Service Engineer must report to the Biomedical Engineering Service to sign out and brief Biomedical Staff or Supervisor if Biomedical Staff is unavailable concerning completion of service. At the end of briefing Field Service Engineer will return the badge and sign out in the Biomedical Engineering Department.
Documentation: Contractor shall furnish a detailed field service report upon completion of work to Biomedical Staff in the Biomed Department. Payment will not be processed until a properly completed service report is received. The service report shall contain, at a minimum, the following information:
· Type, model, System ID, and serial number (s) of all equipment on which maintenance was performed
· Total time spent performing maintenance.
· Detailed narrative description of the services required
· Copies of all test reports
· Complete list of replaced parts (when applicable)
· Date and time the repair/support was completed
The service report shall itemize every item in the specification. Each item shall state the "as found" condition or values, the "calibrated to" or "adjusted to" values, the factory design tolerances, and a complete description of all work performed concerning the items. Included will be a list of new parts used and recommended future repairs.
Place of Performance:
Department of Veterans Affairs Dallas VA Medical Center 4500 S. Lancaster Road Dallas, Texas 75216
Contracting Officer Representatives: Prior to contract award, the Contracting Officer shall designate a VA Medical Center employee as the COR. All work coordination shall be made through COR. The Contractor shall be provided a copy of the letter of delegation authorizing the COR at the commencement of the term of the contract. No other person shall be authorized to act in such capacity unless appointed in writing by the Contracting Officer.
Information Technology Security Requirements: The contractor, their personnel, and their subcontractors shall be subject to the Federal laws, regulations, standards, and VA Directives and Handbooks regarding information and information system security as delineated in this contract. The contractor shall comply with all Federal laws and regulations the VA has developed when VA sensitive information is accessed, used, stored, generated, transmitted, or exchanged by and between VA and a contractor. The information made available to the contractor by VA for the performance of this contract will be used only for the purposes of performance under this contract. The certification and accreditation requirements do not apply to this requirement, and a security accreditation package is not required.
Security Statement: Sensitive VA information is contained within the systems covered by this contract.
Biomedical Engineering shall perform virus scans on all removable media prior to use on VA medical equipment. This includes all types of removable media, including media (e.g., USB devices, CDs, dongles, etc.) that has been issued by VA, media not issued by VA, and media brought in by vendors or independent service organizations. Within accordance of VA Directive 6500, Information Security Program, September 2007 The Vendor will not transfer any VA information to a location outside the VA and only to VA locations determined by the VA System Administrator. The information in these systems may be covered by the Privacy Act 1974 which contains criminal penalties of abuse of information.
During onsite service, the Vendor shall be chaperoned by VA Personnel. However, the vendor shall not be issued a User ID/Password.
Non-volatile memory devices, working or non-working, shall NOT be removed from the VA Medical Center Dallas until the ISO has certified that the data has been destroyed. For magnetic devices and media, data destruction will be by degaussing. Other forms of cleansing will be used for non-magnetic media.
The vendor will not have remote access to complete the repair(s) and preventive maintenance.
1. GENERAL
Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.
2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS
a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.
b. All contractors, subcontractors, and third-party servicers and associates working with VA information is subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security and Preparedness is responsible for these policies and procedures.
c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.
d. Custom software development and outsourced operations must be in the U.S.
to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.
e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor’s employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.
3. VA INFORMATION CUSTODIAL LANGUAGE
a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data
- General, FAR 52.227-14(d) (1).
b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor’s information systems or media storage systems to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA’s information is returned to the VA or destroyed in accordance with VA’s sanitization requirements. VA reserves the right to conduct on-site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.
c. Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor during performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.
d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.
e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.
f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.
g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.
h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.
i. The contractor/subcontractor’s firewall and Web services security controls, if applicable, shall meet or exceed VA’s minimum requirements. VA Configuration Guidelines are available upon request.
j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA’s prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.
k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above-mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.
l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COTR.
GENERAL RULES OF BEHAVIOR
a. Rules of Behavior are part of a comprehensive program to provide complete information security. These rules establish standards of behavior in recognition of the fact that knowledgeable users are the foundation of a successful security program. Users must understand that taking personal responsibility for the security of their computer and the information it contains is an essential part of their job.
b. The following rules apply to all VA contractors. I agree to:
(1) Follow established procedures for requesting, accessing, and closing user accounts and access. I will not request or obtain access beyond what is normally granted to users or by what is outlined in the contract.
(2) Use only systems, software, databases, and data which I am authorized to use, including any copyright restrictions.
(3) I will not use other equipment (OE) (non-contractor owned) for the storage, transfer, or processing of VA sensitive information without a VA CIO approved waiver, unless it has been reviewed and approved by local management and is included in the language of the contract. If authorized to use OE IT equipment, I must ensure that the system meets all applicable 6500 Handbook requirements for OE.
(4) Not use my position of trust and access rights to exploit system controls or access information for any reason other than in the performance of the contract.
(5) Not attempting to override or disable security, technical, or management controls unless expressly permitted to do so as an explicit requirement under the contract or at the direction of the COTR or ISO. If I am allowed or required to have a local administrator account on a government-owned computer, that local administrative account does not confer me unrestricted access or use, nor the authority to bypass security or other controls except as expressly permitted by the VA CIO or CIO's designee.
(6) Contractors’ use of systems, information, or sites is strictly limited to fulfill the terms of the contract. I understand no personal use is authorized. I will only use other Federal government information systems as expressly authorized by the terms of those systems. I accept that the restrictions under ethics regulations and criminal law still apply.
(7) Grant access to systems and information only to those who have an official need to know.
(8) Protect passwords from access by other individuals.
(9) Create and change passwords in accordance with VA Handbook 6500 on systems and any devices protecting VA information as well as the rules of behavior and security settings for the system in question.
(10) Protect information and systems from unauthorized disclosure, use, modification, or destruction. I will only use encryption that is FIPS 140-2 validated to safeguard VA sensitive information, both safeguarding VA sensitive information in storage and in transit regarding my access to and use of any information assets or resources associated with my performance of services under contract terms with the VA.
(11) Follow VA Handbook 6500.1, Electronic Media Sanitization to protect VA information. I will contact the COTR for policies and guidance on complying with this requirement and will follow the COTR's orders.
(12) Ensure that the COTR has previously approved VA information for public dissemination, including e-mail communications outside of the VA as appropriate. I will not make any unauthorized disclosure of any VA sensitive information through the use of any means of communication including but not limited to e-mail, instant messaging, online chat, and web bulletin boards or logs.
(13) Not host, set up, administer, or run an Internet server related to my access to and use of any information assets or resources associated with my performance of services under the contract terms with the VA unless explicitly authorized under the contract or in writing by the COTR.
(14) Protect government property from theft, destruction, or misuse. I will follow VA directives and handbooks on handling Federal government IT equipment, information, and systems. I will not take VA sensitive information from the workplace without authorization from the COTR.
(15) Only use anti-virus software, antispyware, and firewall/intrusion detection software authorized by VA. I will contact the COTR for policies and guidance on complying with this requirement and will follow the COTR's orders regarding my access to and use of any information assets or resources associated with my performance of services under the contract terms with VA.
(16) Not disable or degrade the standard anti-virus software, antispyware, and/or firewall/intrusion detection software on the computer I use to access and use information assets or resources associated with my performance of services under the contract terms with VA. I will report anti-virus, antispyware, firewall or intrusion detection software errors, or significant alert messages to the COTR.
(17) Understand that restoration of service of any VA system is a concern of all users of the system.
(18) Complete required information security and privacy training, and complete required training for the particular systems to which I require access.
PRIVACY
a. Contractors and subcontractors must adhere to the provisions of Public Law 104-191, Health Insurance Portability and Accountability Act (HIPAA) of 1996. This includes both the Privacy and Security Rules published by the Department of Health and Human Services (HHS).
b. As required by HIPAA, HHS has promulgated rules governing the use and disclosure of protected health information by covered entities, Veterans Health Administration (VHA). In accordance with HIPAA, the contractor may be required to enter into a Business Associate Agreement (BAA) with VHA.
c. Business associates must follow VHA privacy policies and practices when applicable. All contractors and business associates must receive privacy training annually.
d. For contractors and business associates who do not have access to VHA computer systems, this requirement is met by completing VHA National Privacy Policy training, other VHA approved privacy training or contractor furnished training that meets the requirements of the HHS Standards for Privacy of Individually Identifiable Health Information as determined by VHA.
e. For contractors and business associates who are granted access to VHA computer systems, this requirement is met by completing VHA National Privacy Policy training or other VHA approved privacy training. Proof of training is required upon request.
Records Management Statement:
1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.
2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.
3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.
4. VA Medical Center Dallas and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of the VA Medical Center Dallas or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701.
In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to VA Medical Center Dallas. The agency must report promptly to NARA in accordance with 36 CFR 1230.
5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to VA Medical Center Dallas control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).
6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and VA Medical Center Dallas guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.
7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with VA Medical Center Dallas policy.
8. The Contractor shall not create or maintain any records containing any non-public VA Medical Center Dallas information that are not specifically tied to or authorized by the contract.
9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.
10. The VA Medical Center Dallas owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which VA Medical Center Dallas shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.
11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA-provided records management training, Talent Management System (TMS) Item #3873736, Records Management for Records Officers and Liaisons. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.
B.3 PRICE/COST SCHEDULE
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1.00 |
| YR |
| __________________ |
| __________________ |
HMI 59200MR1 - HAMILTON-MR1 ONE YEAR SERVICE CONTRACT
Contract Period: Base POP Begin: 06-06-2026 POP End: 06-05-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
MANUFACTURER PART NUMBER (MPN): HMI 59200MR1
| 1.00 |
| YR |
| __________________ |
| __________________ |
HMI 10148723 - HAMILTON-GS ONE YEAR SERVICE CONTRACT
Contract Period: Base POP Begin: 06-06-2026 POP End: 06-05-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
MANUFACTURER PART NUMBER (MPN): HMI 10148723
| 1.00 |
| YR |
| __________________ |
| __________________ |
HMI 59200MR1 - HAMILTON-MR1 ONE YEAR SERVICE CONTRACT
Contract Period: Option 1 POP Begin: 06-06-2027 POP End: 06-05-2028 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
MANUFACTURER PART NUMBER (MPN): HMI 59200MR1
| 1.00 |
| YR |
| __________________ |
| __________________ |
HMI 10148723 - HAMILTON-GS ONE YEAR SERVICE CONTRACT
Contract Period: Option 1 POP Begin: 06-06-2027 POP End: 06-05-2028 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
MANUFACTURER PART NUMBER (MPN): HMI 10148723
| GRAND TOTAL |
| __________________ |
B.4 DELIVERY SCHEDULE
| ITEM NUMBER |
| SHIPPING INFORMATION |
| QUANTITY |
| DELIVERY DATE |
| 0001 |
| SHIP TO: |
| Department of Veterans Affairs |
Dallas VA Medical Center 4500 S. Lancaster Road Dallas, TX 75216
USA
| 1.00 |
| 06/06/2026-06/05/2027 |
| MARK FOR: |
| Elyssa El-Hajj |
elyssa.el-hajj@va.gov
| FOB: |
| DESTINATION |
| 0002 |
| SHIP TO: |
| Department of Veterans Affairs |
Dallas VA Medical Center 4500 S. Lancaster Road Dallas, TX 75216
USA
| 1.00 |
| 06/06/2026-06/05/2027 |
| MARK FOR: |
| Elyssa El-Hajj |
| FOB: |
| DESTINATION |
| 1001 |
| SHIP TO: |
| Department of Veterans Affairs |
Dallas VA Medical Center 4500 S. Lancaster Road Dallas, TX 75216
USA
| 1.00 |
| 06/06/2027-06/05/2028 |
| MARK FOR: |
| Elyssa El-Hajj |
| FOB: |
| DESTINATION |
| 1002 |
| SHIP TO: |
| Department of Veterans Affairs |
Dallas VA Medical Center 4500 S. Lancaster Road Dallas, TX 75216
USA
| 1.00 |
| 06/06/2027-06/05/2028 |
| MARK FOR: |
| Elyssa El-Hajj |
| FOB: |
| DESTINATION |
Page 1 of Page 1 of Page 1 of Page 1 of
SECTION C - CONTRACT CLAUSES
C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/
(End of Clause)
| FAR Number |
| Title |
| Date |
| 52.203-17 |
| CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS |
| NOV 2023 |
| 52.203-19 |
| PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS |
| JAN 2017 |
| 52.204-13 |
| SYSTEM FOR AWARD MANAGEMENT—MAINTENANCE (DEVIATION) |
| NOV 2025 |
| 52.209-10 |
| PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS |
| NOV 2015 |
| 52.212-4 |
| CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES |
| NOV 2023 |
| 52.222-3 |
| CONVICT LABOR (DEVIATION) |
| NOV 2025 |
| 52.222-36 |
| EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (DEVIATION) |
| NOV 2025 |
| 52.222-50 |
| COMBATING TRAFFICKING IN PERSONS (DEVIATION) |
| NOV 2025 |
| 52.222-54 |
| EMPLOYMENT ELIGIBILITY VERIFICATION (DEVIATION) |
| NOV 2025 |
| 52.226-8 |
| ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING |
| MAY 2024 |
| 52.233-4 |
| APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM |
| OCT 2004 |
| 52.240-91 |
| SECURITY PROHIBITIONS AND EXCLUSIONS (DEVIATION) |
| NOV 2025 |
| 52.244-6DEV |
| SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES |
| OCT 2025 |
C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.
(End of Clause)
C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed two (2) years.
(End of Clause)
C.4 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)
The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.
(End of Clause) C.5 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)
(a) Definition. for the Department of Veterans Affairs, ‘‘Service-disabled Veteran-owned small business concern or SDVOSB’’:
(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 or eligible surviving spouses (see VAAR 802.201, Surviving Spouse definition);
(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;
(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;
(iv) The business has been certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and
(v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.
(2) The term ‘‘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).
(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).
(4) The term ‘‘small business concern owned and controlled by Veterans with service-connected disabilities’’ has the meaning given the term ‘‘small business concern owned and controlled by service-disabled veterans’’ under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)).
(5) The term “SDVOSB participant” or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102).
(b) General. In order for a concern to submit an offer and be eligible for the award of an SDVOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be listed as an SDVOSB participant in the SBA certification database as set forth in 13 CFR 128.
(1) Offers received from entities that are not certified SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered.
(2) Any award resulting from this solicitation shall be made to a certified SDVOSB listed in the SBA certification database who is eligible at the time of submission of offer(s) and at the time of award.
(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences.
(c) Representation. Pursuant to 38 U.S.C. 8127(e), only certified SDVOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible and certified SDVOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70.
(d) Agreement/LOS certification. When awarded a contract action, including orders under multipleaward contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size, and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting (LOS) requirements in 13 CFR 121.406(b) and 13 CFR 125.6. For the purpose of limitations on subcontracting, only certified SDVOSBs listed in the SBA certification database (including independent contractors) shall be considered eligible and/or ‘‘similarly situated’’ (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required LOS certification requirements in this solicitation (see 852.219–75 or 852.219–76 as applicable). These requirements are summarized as follows:
(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not certified SDVOSBs listed in the SBA certification database (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/ VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases). When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.
(2) Supplies/products.
(i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract.
(ii) In the case of a contract for supplies from a non-manufacturer, the SDVOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted. Refer to 13 CFR 125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.
(3) General construction. In the case of a contract for general construction, the SDVOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database.
(4) Special trade construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, may be paid to firms that are not certified SDVOSBs listed in the SBA certification database.
(5) Subcontracting. An SDVOSB subcontractor must meet the NAICS size standard assigned by the prime contractor and be certified and listed in the SBA certification database to count as similarly situated. Any work that a first tier SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded.
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