36C25726Q0540_1.docx

36C25726Q0540

GENERAL INFORMATION

Network Contracting Office 17

5441 Babcock Road Ste. 302 San Antonio TX 78240

POINT OF CONTACT*

Contracting Officer Janice Malbon janice.malbon@va.gov

PLACE OF PERFORMANCE

Attn: Surgical Service

7400 Merton Minter Blvd.

San Antonio TX

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

Personnel, travel, materials, tools, and equipment required for the delivery and installation of a brand name or equal Thompson Cervical Retractor system and its associated accessories.

Combined Synopsis/Solicitation Notice 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

36C25726Q0540 07-16-2026 Janice Malbon, janice.malbon@va.gov 210-694-6311 07-24-2026 10:00 am

CDT

36C671 Department Of Veterans Affairs Network Contracting Office 17 5441 Babcock Road Ste. 302 San Antonio TX 78240 X X 339112 1000 Employees N/A X Department of Veterans Affairs South Texas Veterans Health Care System Attn: Surgical Service 7400 Merton Minter Blvd.

San Antonio TX 78229-4401 36C671 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 deliver brand name or equal Thompson Cervical Retractor system and its associated accessories per the Statement of Work.

Review 52.212-1 Instructions to Offerors.

Incomplete packages may not be reviewed.

brand name or equal See CONTINUATION Page X X X Janice Malbon Page 1 of Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

Personnel, travel, materials, tools, and equipment required for the delivery and installation of a brand name or equal Thompson Cervical Retractor system and its associated accessories.

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 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:

3. INVOICES: Invoices shall be submitted in arrears:

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:

B.2 STATEMENT OF WORK

1.0 DESCRIPTION OF SERVICES

The Contractor shall provide all personnel, travel, materials, tools, and equipment required for the delivery and installation of a brand name or equal Thompson Cervical Retractor system and its associated accessories at the following location:

Delivery Address:

Audie L. Murphy Memorial Veterans Hospital Attn: Surgical Service 7400 Merton Minter San Antonio, TX 78229 Point of Contact:

LaKeith Thomas Phone: 210-984-5816 Email: Lakeith.Thomas@va.gov

2.0 SCOPE OF WORK

2.1 Cervical Retractor System and Accessories

The Contractor shall deliver and install a Thompson Cervical Retractor system (brand name or equal) and all supporting accessories. The scope shall include, but is not limited to, the following tasks:

· Provide all necessary labor, materials, and non-union workforce for unpacking and installing the Cervical Retractor system and its components.

· Assemble the system and accompanying accessories in the designated operating room.

· Perform a complete operational check-out/test to verify correct installation.

· Adjust and calibrate the system as needed for optimal functional use.

· Provide training and demonstrate proper usage of the equipment to designated facility staff.

2.1.1 Items

2.1.2 Salient Characteristics

The Cervical Retractor system (brand name or equal) must meet, at a minimum, the following salient characteristics:

a. Common Nomenclature (commercial description): Thompson Surgical Cervical Retractor System

b. Kind of Material: Stainless steel and aluminum

c. Electrical Data: N/A

d. Dimensions, Size, Capacity: N/A

e. Principles of Operation: The system is designed for soft tissue retraction in anterior cervical discectomy and fusion (ACDF) procedures.

f. Restrictive Environmental Conditions: N/A

g. Intended Use: Provides independent, safe retraction of the esophagus, trachea, and nerves, as well as the ability to elevate the longus colli muscle during cervical spine surgery.

h. Equipment With Which the Item Is Used: Attaches to the rail of a surgical table.

i. End Item Application: N/A

j. Original Equipment Manufacturer (OEM) Part Number: SL82025 Cervical Retractor System

k. Other Pertinent Information:

· Frame is suitable for single or multi-level procedures.

· Blades feature independent retractor positioning.

· Frame adjustments can be made independently.

2.2 Information Systems Security Protocols

· The Contractor shall not be granted access to VA desktop computers or to any VA or government online resources during service delivery.

· If equipment removal from VA premises is necessary, all memory storage devices (hard drives, SSDs, non-volatile memory units) shall remain in the possession of the VA.

· The Contractor will not have access to Protected Health Information (PHI), personally identifiable information (PII), or patient records. All research data accessible to the Contractor will be de-identified.

2.3 Records Management and Compliance

· No federal records (in any form or format) will be generated, managed, or transmitted under this contract.

· Should records management circumstances arise, the Contractor agrees to comply with all applicable requirements—such as those in the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations (36 CFR Chapter XII Subchapter B), and the Privacy Act of 1974 (5 U.S.C. 552a).

· All government records created or used in performance of this contract remain the property of STVHCS and the U.S. Government; no such records shall be removed or destroyed except as specified by applicable agency records schedules.

· Any incident involving unlawful or accidental alteration, removal, or destruction of such records must be reported to STVHCS immediately and, if necessary, to NARA per 36 CFR 1230.

· The Contractor and its personnel must notify the Contracting Officer immediately upon discovery of unauthorized disclosures of information or data.

· The Contractor shall use government-furnished IT equipment exclusively for purposes related to this contract and may not create or maintain non-contractual records containing government information.

· The Contractor may not retain, use, sell, or disseminate deliverables containing information protected by the Privacy Act or exempted under the Freedom of Information Act.

· All deliverables produced under this contract are the property of the U.S. Government, and the government retains unlimited rights in accordance with RFO 52.227-11 through RFO 52.227-20.

2.4 Training Requirements

· Contractor staff assigned to this contract who handle or create records must complete VHA-provided records management training (Talent Management System [TMS] Item #10176, Privacy and Information Security, Rules of Behavior).

· The Contractor is responsible for ensuring all assigned personnel complete required training, including initial, annual, and refresher training as mandated by VHA policy.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Elite III Rail Clamp w/1 Cam Joint 11in Contract Period: Base POP Begin: 08-07-2026 POP End: 08-06-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

LOCAL STOCK NUMBER: 43902ACS

20in Angled Arm 10x10in

POP Begin: 08-07-2026 POP End: 08-06-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

LOCAL STOCK NUMBER: 44120

Cam II QA Handle 8in

POP Begin: 08-07-2026 POP End: 08-06-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

LOCAL STOCK NUMBER: SL42126WGP

Mini Micro-Adj II Clip-On QA 9in

POP Begin: 08-07-2026 POP End: 08-06-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

LOCAL STOCK NUMBER: SL45011CGP

T-Handle

POP Begin: 08-07-2026 POP End: 08-06-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

LOCAL STOCK NUMBER: 60020

Manipulator Handle

POP Begin: 08-07-2026 POP End: 08-06-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

LOCAL STOCK NUMBER: 42228

Extension Arm 12in w/ Spring Hinge

POP Begin: 08-07-2026 POP End: 08-06-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

LOCAL STOCK NUMBER: 44012H

Rail Extender 15in w/1 Prc

POP Begin: 08-07-2026 POP End: 08-06-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

LOCAL STOCK NUMBER: 5844

Instrument Case 23 x 11 x 3.5in

POP Begin: 08-07-2026 POP End: 08-06-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

LOCAL STOCK NUMBER: 50000G

Radio Concave 23x35mm

POP Begin: 08-07-2026 POP End: 08-06-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

LOCAL STOCK NUMBER: SL46312EB

Radio Concave 23x40mm

POP Begin: 08-07-2026 POP End: 08-06-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

LOCAL STOCK NUMBER: / SL46314EB

Radio Concave 23x45mm

POP Begin: 08-07-2026 POP End: 08-06-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

LOCAL STOCK NUMBER: SL46316EB

Radio Concave 23x50mm

POP Begin: 08-07-2026 POP End: 08-06-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

LOCAL STOCK NUMBER: SL46318EB

Radio Concave 23x55mm

POP Begin: 08-07-2026 POP End: 08-06-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

LOCAL STOCK NUMBER: SL46320EB

Radio Concave 23x60mm

POP Begin: 08-07-2026 POP End: 08-06-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

LOCAL STOCK NUMBER: SL46322EB

Radio Concave 23x65mm

POP Begin: 08-07-2026 POP End: 08-06-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

LOCAL STOCK NUMBER: SL46324EB

Radio Concave 23x70mm

POP Begin: 08-07-2026 POP End: 08-06-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

LOCAL STOCK NUMBER: SL46326EB

Radio Concave 23x75mm

POP Begin: 08-07-2026 POP End: 08-06-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

LOCAL STOCK NUMBER: SL46328EB

Radio Concave 23x80mm

POP Begin: 08-07-2026 POP End: 08-06-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

LOCAL STOCK NUMBER: SL46330EB

Radio Concave Longitudinal 23x30mm

POP Begin: 08-07-2026 POP End: 08-06-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

LOCAL STOCK NUMBER: SL45160EB

Radio Concave Longitudinal 23x40mm

POP Begin: 08-07-2026 POP End: 08-06-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

LOCAL STOCK NUMBER: / SL45161EB

Radio Concave Longitudinal 23x50mm

POP Begin: 08-07-2026 POP End: 08-06-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

LOCAL STOCK NUMBER: SL45162EB

Radio Concave Longitudinal 23x60mm

POP Begin: 08-07-2026 POP End: 08-06-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

LOCAL STOCK NUMBER: SL45163EB

Radio Concave Longitudinal 23x70mm

POP Begin: 08-07-2026 POP End: 08-06-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

LOCAL STOCK NUMBER: SL45164EB

Radio Concave Micro 14x35mm

POP Begin: 08-07-2026 POP End: 08-06-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

LOCAL STOCK NUMBER: SL46512EB

Radio Concave Micro 14x40mm

POP Begin: 08-07-2026 POP End: 08-06-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

LOCAL STOCK NUMBER: SL46512EB

Radio Concave Micro 14x45mm

POP Begin: 08-07-2026 POP End: 08-06-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

LOCAL STOCK NUMBER: SL46514EB

Radio Concave Micro 14x50mm

POP Begin: 08-07-2026 POP End: 08-06-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

LOCAL STOCK NUMBER: SL46516EB

Radio Concave Micro 14x55mm

POP Begin: 08-07-2026 POP End: 08-06-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

LOCAL STOCK NUMBER: SL46518EB

Radio Concave Micro 14x60mm

POP Begin: 08-07-2026 POP End: 08-06-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

LOCAL STOCK NUMBER: SL46520EB

Radio Concave Tapered 23x35mm

POP Begin: 08-07-2026 POP End: 08-06-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

LOCAL STOCK NUMBER: SL45643EB

Radio Concave Tapered 23x40mm

POP Begin: 08-07-2026 POP End: 08-06-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

LOCAL STOCK NUMBER: SL45644EB

Radio Concave Tapered 23x45mm

POP Begin: 08-07-2026 POP End: 08-06-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

LOCAL STOCK NUMBER: SL45645EB

Radio Concave Tapered 23x50mm

POP Begin: 08-07-2026 POP End: 08-06-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

LOCAL STOCK NUMBER: SL45646EB

Radio Concave Tapered 23x55mm

POP Begin: 08-07-2026 POP End: 08-06-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

LOCAL STOCK NUMBER: SL45647EB

Radio Concave Tapered 23x60mm

POP Begin: 08-07-2026 POP End: 08-06-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

LOCAL STOCK NUMBER: SL45648EB

Radio Concave Tapered 23x65mm

POP Begin: 08-07-2026 POP End: 08-06-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

LOCAL STOCK NUMBER: SL45649EB

Radio Concave Tapered 23x70mm

POP Begin: 08-07-2026 POP End: 08-06-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

LOCAL STOCK NUMBER: SL45650EB

Radio Midline R 70x83mm

POP Begin: 08-07-2026 POP End: 08-06-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

LOCAL STOCK NUMBER: SL45750EB

Radio Midline L 70x83mm

POP Begin: 08-07-2026 POP End: 08-06-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

LOCAL STOCK NUMBER: SL45751EB

Radio Odontoid 20x90mm

POP Begin: 08-07-2026 POP End: 08-06-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

LOCAL STOCK NUMBER: SL45666EB

Depth Gauge Cervical 150mm

POP Begin: 08-07-2026 POP End: 08-06-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

LOCAL STOCK NUMBER: 46519

Case - Expanded Cervical

POP Begin: 08-07-2026 POP End: 08-06-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

LOCAL STOCK NUMBER: 50000EAC

B.4 DELIVERY SCHEDULE

Attn: Surgical Service 7400 Merton Minter San Antonio, TX 78229 4404

USA

210-984-5816 Lakeith.Thomas@va.gov

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)

C.2 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within 30 Days of Contract end date. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

(End of Clause) C.3 52.217-7 OPTION FOR INCREASED QUANTITY—SEPARATELY PRICED LINE ITEM (MAR 1989) The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 30 Days of Contract end date. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of Clause) C.4 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS (DEVIATION APR 2026) (a)Definitions. As used in this clause— Program participation means membership or participation in, or access or admission to: training, mentoring, or leadership development programs; educational opportunities; clubs; associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.

Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources.

(b) In connection with the performance of work under this contract, the Contractor agrees as follows:

(1) The Contractor will not engage in any racially discriminatory DEI activities;

(2) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause;

(3) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared ineligible for further Government contracts;

(4) The Contractor will report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take any appropriate remedial actions directed by the Contracting Officer; and

(5) The Contractor will inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of this clause.

(6) The Contractor recognizes that compliance with the requirements of this clause are material to the Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4).

(c) The Contractor must include the substance of this clause, including this paragraph (c), in subcontracts at any tier, including those for commercial products and commercial services, except those where the place of delivery or performance is outside the United States.

(End of Clause)

C.5 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.6 VAAR 852.211-70 EQUIPMENT OPERATION AND MAINTENANCE MANUALS (NOV 2018)

The Contractor shall follow standard commercial practices to furnish manual(s), handbook(s) or brochure(s) containing operation, installation, and maintenance instructions, including pictures or illustrations, schematics, and complete repair/test guides, as necessary, for technical medical equipment and devices, and/or other technical and mechanical equipment provided per CLIN(s) ALL. The manuals, handbooks or brochures shall be provided in hard copy, soft copy or with electronic access instructions, consistent with standard industry practices for the equipment or device. Where applicable, the manuals, handbooks or brochures will include electrical data and connection diagrams for all utilities. The documentation shall also contain a complete list of all replaceable parts showing part number, name, and quantity required.

(End of Clause)

C.7 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023)

(a) No used, refurbished, or remanufactured supplies or equipment/parts shall be provided. This procurement is for new Original Equipment Manufacturer (OEM) items only. No gray market items shall be provided. Gray market items are OEM goods intentionally or unintentionally sold outside an authorized sales territory or sold by non-authorized dealers in an authorized sales territory.

(b) No counterfeit supplies or equipment/ parts shall be provided. Counterfeit items include unlawful or unauthorized reproductions, substitutions, or alterations that have been mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified item from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitutions include used items represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics.

(c) 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.8 VAAR 852.222-71 COMPLIANCE WITH EXECUTIVE ORDER 13899 (DEVIATION)(APR 2025)

(a) The contractor shall comply with Executive Order 13899, Combating Anti-Semitism, pursuant to Title VI of the Civil Rights Act of 1964 (Title VI), 42 U.S.C. 2000d et seq.

(b) The contractor shall timely disclose, in writing, to the Contracting Officer, whenever, in connection with the award, performance, or closeout of this contract or any subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed a violation under Executive Order 13899, Combatting Anti-Semitism pursuant to the Civil Rights Act of 1964 (Title VI), 42 U.S.C. 2000d et seq.

(c) The contractor shall include the terms and conditions of this clause in every subcontract or purchase order so that these terms will be binding on every subcontractor or vendor.

(End of Clause)

C.9 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause) C.10 VAAR 852.239-70 SECURITY REQUIREMENTS FOR INFORMATION TECHNOLOGY RESOURCES (FEB 2023)

(a) Definitions. As used in this clause— Information technology has the same meaning in FAR 2.101 and also means Information and Communication Technology (ICT).

Information system security plan means a formal document that provides an overview of the security requirements for an information system and describes the security controls in place or planned for meeting those requirements.

(b) Responsibilities. The Contractor shall be responsible for information system security for all systems connected to a Department of Veterans Affairs (VA) network or operated by the Contractor for VA, regardless of location. This clause is applicable to all or any part of the contract that includes information technology resources or services in which the Contractor has physical or other system access to VA information that directly supports the mission of VA. Examples of tasks that require security provisions include—

(1) Hosting of VA e-Government sites or other information technology operations;

(2) Acquisition, transmission, or analysis of data owned by VA with significant replacement cost should the contractor’s copy be corrupted; and

(3) Access to VA general support systems/ major applications at a level beyond that granted the general public, e.g., bypassing a firewall.

(c) Information system security plan. The Contractor shall develop, provide, implement, and maintain an Information System Security Plan. VA information systems must have an information system security plan that provides an overview of the security requirements for the system and describes the security controls in place or the plan for meeting those requirements. This plan shall describe the processes and procedures that the Contractor will follow to ensure appropriate security of information system resources developed, processed, or used under this contract. The information system security plan should include implementation status, responsible entities, resources, and estimated completion dates. Information system security plans may also include, but are not limited to, a compiled list of system characteristics, and key security-related documents such as a risk assessment, PIA, system interconnection agreements, contingency plan, security configurations, configuration management plan, and incident response plan. The plan shall address the specific contract requirements regarding information systems related support or services included in the contract, to include the performance work statement (PWS) or statement of work (SOW). The Contractor’s Information System Security Plan shall comply with applicable Federal Laws that include, but are not limited to, 40 U.S.C. 11331, the Federal Information Security Modernization Act (FISMA) of 2014 and the E-Government Act of 2002. The plan shall meet information system security requirements in accordance with Federal and VA policies and procedures, and as amended during the term of this contract, and include, but are not limited to the following.

(1) OMB Circular A–130, Managing Information as a Strategic Resource;

(2) National Institute of Standards and Technology (NIST) Guidelines; and

(3) VA Directive 6500, VA Cybersecurity Program, and the directives and handbooks in the VA 6500 series related to VA information (including VA sensitive information and sensitive personal information and information systems security and privacy), as well as those set forth in the contract specifications, statement of work, or performance work statement. These include, but are not limited to, VA Handbook 6500.6, Contract Security; and VA Directive and Handbook 0710, Personnel Security and Suitability Program, which establishes VA’s procedures, responsibilities, and processes for complying with current Federal law, Executive Orders, policies, regulations, standards and guidance for protecting VA information, information systems (see 802.101, Definitions) security and privacy, and adhering to personnel security requirements when accessing VA information or information systems.

(d) Submittal of plan. Within 90 days after contract award, the Contractor shall submit the Information System Security Plan to the Contracting Officer for review and approval.

(e) Security accreditation. As required by current VA policy, the Contractor shall submit written proof of information system security accreditation to the Contracting Officer for non-VA owned systems. Such written proof may be furnished either by the Contractor or by a third party. Accreditation shall be in accordance with VA policy available from the Contracting Officer upon request. The Contractor shall submit for acceptance by the Contracting Officer along with this accreditation a final information system security plan, such as a risk assessment, security test and evaluation, and disaster recovery plan/continuity of operations plan. The accreditation and the final information system security plan and the accompanying documents, such as a risk assessment, security test and evaluation, and disaster recovery/continuity of operations plan.

(f) Annual validation. On an annual basis, the Contractor shall verify in writing to the Contracting Officer that the Information System Security Plan remains valid.

(g) Banners. The Contractor shall ensure that the official VA banners are displayed on all VA systems (both public and private) operated by the Contractor that contain Privacy Act information before allowing anyone access to the system. The Office of Information Technology will make official VA banners available to the Contractor.

(h) Screening and access. The Contractor shall screen all personnel requiring privileged access or limited privileged access to systems operated by the Contractor for VA or interconnected to a VA network in accordance with VA Directives and Handbooks referenced in paragraph (c) of this clause.

(i) Training. The Contractor shall ensure that its employees performing services under this contract complete VA security awareness training on an annual basis. This includes signing an acknowledgment that they have read, understand, and agree to abide by the VA Information Security Rules of Behavior (VA National Rules of Behavior) as required by 38 U.S.C. 5723; FAR 39.105, Privacy; clause 852.204–71, Information and Information Systems Security, and this clause on an annual basis.

(j) Government access. The Contractor shall provide the Government access to the Contractor’s and subcontractors’ facilities, installations, operations, documentation, databases, and personnel used in performance of the contract. The Contractor shall provide access to enable a program of information system inspection (to include vulnerability testing), investigation and audit (to safeguard against threats and hazards to the integrity, availability and confidentiality of VA data or to the function of information systems operated on behalf of VA), and to preserve evidence of computer crime.

(k) Notification of termination of employees. The Contractor shall immediately notify the Contracting Officer when an employee who has access to VA information systems or data terminates employment.

(l) Subcontractor flow down requirement. The Contractor shall incorporate and flow down the substance of this clause to all subcontracts that meet the conditions in paragraph (a) of this clause.

(End of Clause)

C.11 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.12 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

(a) Supplies and equipment. Rejected goods will be held subject to Contractor’s order for not more than 15 days, after which the rejected merchandise will be returned to the Contractor’s address at the Contractor’s risk and expense. Expenses incident to the examination and testing of materials or supplies that have been rejected will be charged to the Contractor.

(b) Perishable supplies. The Contractor shall remove rejected perishable supplies within 48 hours after notice of rejection. Supplies determined to be unfit for human consumption will not be removed without permission of the local health authorities. Supplies not removed within the allowed time may be destroyed. The Department of Veterans Affairs will not be responsible for, nor pay for, products rejected. The Contractor will be liable for costs incident to examination of rejected products.

(End of Clause)

C.13 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

Material shall be packed for shipment in such a manner that will insure acceptance by common carriers and safe delivery at destination. Containers and closures shall comply with regulations of carriers as applicable to the mode of transportation.

(End of Clause)

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SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

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SECTION E - SOLICITATION PROVISIONS

E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

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

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Provision)

E.2 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

(1) Is set aside for small business and has a value above the simplified acquisition threshold;

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any…