36C25726Q0680.docx
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- Solicitation number
- 36C25726Q0680
About this file
This is a Standard Form 1449 Solicitation/Contract/Order for Commercial Products and Commercial Services issued by the Department of Veterans Affairs Central Texas Veterans Health Care System for electromedical products to support the Texas Valley Coastal Bend (TVCB) Oxygen Program. The solicitation number is 36C25726Q0680, with an offer due date of December 29, 2026 by 1:00 PM CDT. This is a 100% set-aside for Service-Disabled Veteran-Owned Small Businesses (SDVOSB), and only certified SDVOSBs listed in the SBA certification database are eligible to submit offers and receive award.
The requirement includes six line items totaling 160 units of medical equipment: 75 FreeStyle Comfort Portable Oxygen Concentrators (Part AS200-241), 50 Oxlife Independence 2 Batteries (Part 800-0001-2CE), 10 Astral 150 Life Support Ventilators with two-year warranty (Part 27003), 10 Astral 150 4G Modems (Part 27206), 10 Astral External Batteries (Part 27919), and 5 SmartStack Universal IV Equipment Stands (Part R100P86). All products must be new; reconditioned or remanufactured items will not be accepted. All items shall be shipped to Mid-Cities Medical in Mercedes, Texas, attention Enrique De Leon at 2900 Mile 1 E, Mercedes, TX 78570. Offerors must complete the price/cost schedule section for unit prices and amounts, with invoicing submitted electronically through the Tungsten Network. The contractor must maintain a 98% on-time shipping baseline, provide 24-hour notification of back orders with estimated delivery dates, and assume full financial responsibility for damaged products and returns. The NAICS code is 339113 (Surgical Appliance and Supplies Manufacturing), and the product/service code is 6515 (Medical and Surgical Instruments, Equipment, and Supplies).
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36C25726Q0680
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
36C25726Q0680 36C25726Q0680 Damon Crawford 254 560 0348 06-29-2026 13:00
CDT
Department of Veterans Affairs Central Texas Veterans HCS 1901 Veterans Memorial Dr. Building #171 Temple
TX
76504 X X 339113 N/A X Mid Cities San Antonio 2900 Mile 1 E unit B Mercedes
TX
78570 Department of Veterans Affairs Central Texas Veterans HCS 1901 Veterans Memorial Dr. Building 171 Temple
TX
76504
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 Home Oxygen/Ventilators This requirement is being procured as a 100% set aside for Service-Disabled Veteran-Owned Small Business (SDVOSB) Please see Section B for statement of work and price / cost schedule.
Please submit all questions to damon.crawford@va.gov quotes 12/29/2026 by 1:00pm CDT.
See CONTINUATION Page Table of Contents
| SECTION A | 1 | |
| A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES | 1 | |
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 3 | |
| B.1 CONTRACT ADMINISTRATION DATA | 3 | |
| BACKGROUND: | 6 | |
| STATEMENT OF WORK: | 6 | |
| MANDATORY PRODUCT REQUIREMENTS: | 6 | |
| 2. | A signed copy of the invoice shall be furnished to the COR. | 10 |
| EXTENT OF OBLIGATION: | 10 | |
| B.2 PRICE/COST SCHEDULE | 12 | |
| ITEM INFORMATION | 12 | |
| B.3 DELIVERY SCHEDULE | 13 | |
| SECTION C - CONTRACT CLAUSES | 15 | |
| C.1 FSS RFQ INTRODUCTORY LANGUAGE | 15 | |
| C.2 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION) | 15 | |
| C.3 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (JAN 2023) (DEVIATION) | 18 | |
| C.4 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 20 | |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 21 | |
| SECTION E - SOLICITATION PROVISIONS | 22 | |
| E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 22 |
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
Department of Veterans Affairs Central Texas Veterans HCS 1901 Veterans Memorial Dr. Building #171 Temple TX 76504
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
| [] |
| 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 | [] |
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 |
Texas Valley Coastal Bend Veteran Health System Procurement Request for
ELECTROMEDICAL PRODUCTS INTERNATIONAL
ALPHA STIM “M” DEVICE
Statement of Work (SOW)
INTRODUCTION:
Ventilators to service our veteran population within TVCB Healthcare system in the Ome Oxygen Program.
BACKGROUND:
Veterans Affairs Texas Valley Coastal Bend Health Care System is in need for new ventilator devices with accessories.
OVERVIEW:
The Supply Chain Management Service at the VATVCB has a requirement for ventilator device to be used for respiration. The availability of the products for stock and issue for the VA Texas Valley Coastal Bend provides immediate patient care without delay by having the products on-hand.
STATEMENT OF WORK:
1. General Conditions - The term of this contract is for a bulk order to deliver devices to our oxygen vendor (Mid cities Medical).The VATVCB will obligate funds against the contract at time of award by placing an initial order.
2. Products provided by the contractor must be new. Reconditioned/remanufactured products “Will Not be Accepted”.
MANDATORY PRODUCT REQUIREMENTS:
| CLIN # |
| Description/Part Number* |
| Qty |
| MODEM ASTRAL |
| 10 |
| BATTERY ASTRAL |
| 10 |
| SMARTSTACK UNI STAND |
| 5 |
| PORTABLE OXYGEN CONCENTRATORS(POC) |
| 75 |
| POC BATTERIES |
| 50 |
| VENTILATORS |
| 10 |
SCOPE:
Prosthetic Service (Primary POC: Ashley Gonzalez) Please contact once awarded.
SHIPPING:
Enrique Deleon Mid-Cities Medical 2900 Mile 1 E unit B Mercedes, TX 78570
HOURS:
Unless otherwise specified, all contract work is to be performed during regular administrative working hours, 8:00 a.m. to 4:30 p.m. CT Monday through Friday.
Any work at the Government site shall not take place on Federal holidays or weekends unless directed by the Contracting Officer (CO).
There are eleven (11) Federal holidays set by law (USC Title 5 Section 6103) that VA follows:
Under current definitions, see below set date:
New Year's Day Martin Luther King Jr.
President Day Memorial Day Juneteenth National Independence Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day If any of the above falls on a Saturday, then Friday shall be observed as a holiday. Similarly, if one falls on a Sunday, then Monday shall be observed as a holiday.
INVOICE
Contractor shall issue one detailed invoice to the buyer for the total amount of an order regardless of the number of partial shipments. Contractor shall automatically send an electronic submission of payments invoice to OB10 for monthly certification.
The Government reserves the right to terminate a contract at any time if it is no longer needed, no longer represents competitive pricing, does not provide adequate service (e.g., delivery, billing, item quality), or the is otherwise not in compliance with the terms and conditions.
REPORTS
Contractor shall provide reports detailing the invoice to the buyer for the total amount of orders. The VA orders submitted, and the Contractor orders are received and signed shall match before certifying.
ORDERING LIMITATIONS: The contractor will only fill orders based on the supplies approved by the COR. Orders will be placed based on patient requirements.
DELIVERY TICKETS: All deliveries under this Agreement shall be accompanied by a delivery ticket or packing slip and shall contain the following:
i. Name of Supplier
ii. Contract Number
iii. Purchase Order Number
iv. Date of Purchase
v. Itemized List of Supplies or Services Furnished
vi. Quantity, Unit Price, and Less Any Applicable Discount (unit prices and extensions need not be shown when incompatible with the use of automated systems, provided that the invoice is itemized to show this information)
vii. Date of Delivery or Shipment
viii. Name, Building, and Room Number of Person Placing Order
ix. Delivery/Consignee Address
1. Upon delivery, the receiving activity shall sign the packing slip/delivery ticket and retain one copy. One copy may subsequently be required to support the invoice.
2. A signed copy of the invoice shall be furnished to the COR.
EXTENT OF OBLIGATION:
DELIVERY SERVICE LEVEL:
1. Back Orders – The contractor must notify designated individuals’ customers within 24 hours of order placement that some or all the items are back ordered and provide the authorized designee with an estimated delivery date. The customer must be given the option of requesting an equivalent substitution or cancelling the order.
2. Partial orders - Contractor must notify the COR or designated individuals placing the order if there are any problems filling an order or any anticipated delivery delays. The designated individuals (customer) must have the option to cancel that item or wait for the later delivery. The 98% on time shipping baseline will not include any items for which the contractor has notified the employee of stocking or delivery problems at time of order placement.
3. Returns - Return of damaged products is the contractor’s financial responsibility and liability. If ordered items are received in damaged condition, the contractor must replace items at their expense as soon as possible, but must not exceed the delivery time specified in the original order. The contractor must provide a returned merchandise authorization (RMA) and prepaid shipping label with each replacement order. If the number of items received exceeds the number ordered, the excess must be returned at the contractor’s expense.
4. All discrepancies, and excess shall be the responsibility of the contractor. The contractor shall make all effort to resolve discrepancy at no cost.
Information Systems Officer, Information Protection:
The contractor will not have access to VA Desktop computers nor will they have access to online resources belonging to the government while conducting services. If removal of equipment from the VA is required, any memory storage devices, such as hard drives, solid state drives and non-volatile memory units will remain in VA control and will not be removed from VA custody.
Privacy Officer:
The contractor will not have access to protected Patient Health Information (PHI) nor will they have the capability of accessing patient information during the services provided to the VA and if removal of equipment from the VA is required, any memory storage devices, such as hard drives, solid state drives and non-volatile memory units will remain in VA control and will not be removed from VA custody. All research data available for Contractor analyses is de-identified.
Records Manager:
Records Officer: There will be no federal records created, maintained, used or dispositioned with this contract; regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.].
B.2 PRICE/COST SCHEDULE
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 75.00 |
| EA |
| __________________ |
| __________________ |
FreeStyle Comfort Portable Oxygen Concentrator, 4 Button, 2 Single Battery, Type A FSS 65IIA AS200-241 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies
LOCAL STOCK NUMBER: AS200-241
| 50.00 |
| EA |
| __________________ |
| __________________ |
800-0001-2CE Oxlife INDEPENDENCEr 2 Battery (No DNA) FSS 65IIA
LOCAL STOCK NUMBER: 800-0001-2CE
| 10.00 |
| EA |
| __________________ |
| __________________ |
27003 Ventilator, Astral 150 Life Support Two Year Warranty FSS 65IIA TPR
LOCAL STOCK NUMBER: 27003
| 10.00 |
| EA |
| __________________ |
| __________________ |
27206 Modem, Astral 150 4G Module FSS 65IIA
LOCAL STOCK NUMBER: 27206
| 10.00 |
| EA |
| __________________ |
| __________________ |
27919 Battery, Astral External FSS 65IIA
LOCAL STOCK NUMBER: 27919
| 5.00 |
| EA |
| __________________ |
| __________________ |
R100P86 SmartStack, Universal IV Equipment Stand OM TAA
LOCAL STOCK NUMBER: R100P86
| GRAND TOTAL |
| __________________ |
B.3 DELIVERY SCHEDULE
| ITEM NUMBER |
| SHIPPING INFORMATION |
| QUANTITY |
| DELIVERY DATE |
| 0001 |
| SHIP TO: |
| ATTN:ENRIQUE DE LEON |
Midcities, Mercedes TX 290 1 Mile 1 E, Mercedes,, TX 78570
USA
75.00
| 0002 |
| SHIP TO: |
| ATTN:ENRIQUE DE LEON |
Midcities, Mercedes TX 2901 Mile 1 E, Mercedes,, TX 78570
50.00
| 0003 |
| SHIP TO: |
| ATTN:ENRIQUE DE LEON |
Midcities, Mercedes TX 2901 Mile 1 E, Mercedes,, TX 78570
10.00
10.00
10.00
5.00
Page 1 of Page 1 of
SECTION C - CONTRACT CLAUSES
C.1 FSS RFQ INTRODUCTORY LANGUAGE
The terms and conditions of the contractor's FSS contract (including any contract modifications) apply to all Blanket Purchase Agreements (BPA) and task or delivery orders issued under the contract as a result of this RFQ. When a lower price has been established, or when the delivery terms, FOB terms, or ordering requirements have been modified by the BPA or task/delivery order, those modified terms will apply to all purchases made pursuant to it and take precedence over the FSS contract. Any unique terms and conditions of a BPA or order issued under the contract that are not a part of the applicable FSS contract will govern. In the event of an inconsistency between the terms and conditions of a BPA or task/delivery order and the Contractor's FSS terms, other than those identified above, the terms of the FSS contract will take precedence.
C.2 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. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13 CFR 125.6.
(e) Required limitations on subcontracting compliance measurement period. An SDVOSB shall comply with the limitations on subcontracting as follows:
[] By the end of the base term of the contract or order, and then by the end of each subsequent option period; or [X] By the end of the performance period for each order issued under the contract.
(f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture complies with the requirements in 13 CFR 128.402 and the managing joint venture partner makes the representations under paragraph (c) of this clause. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.
(g) Precedence. The VA Veterans First Contracting Program, as defined in VAAR 802.101, subpart 819.70, and this clause, takes precedence over any inconsistencies between the requirements of the SBA Veteran Small Business Certification Program and the VA Veterans First Contracting Program.
(h) Misrepresentation. Pursuant to 38 U.S.C. 8127(g), any business concern, including all its principals, that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB status is subject to debarment from contracting with the Department for a period of not less than five years (see VAAR 809.406–2 Causes for Debarment).
(End of Clause) C.3 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (JAN 2023) (DEVIATION)
(a) Pursuant to 38 U.S.C. 8127(l)(2), the offeror certifies that—
(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:
(i) [ ] In the case of a contract for supplies or products (other than from a nonmanufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.
(ii) [ ] In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) is granted. The offeror understands that, as provided in 13 CFR 121.406(b)(7), such a waiver has no effect on requirements external to the Small Business Act, such as the Buy American Act or the Trade Agreements Act.
(2) Manufacturer or nonmanufacturer representation and certification.
(i) [ ] Manufacturer or producer. The offeror certifies that it is the manufacturer or producer of the end item being procured, and the end item is manufactured or produced in the United States, in accordance with paragraph (a)(1)(i).
(ii) [ ] Nonmanufacturer. The offeror certifies that it qualifies as a nonmanufacturer in accordance with the requirements of 13 CFR 121.406(b) and paragraph (a)(1)(ii). The offeror further certifies it meets each element below as required in order to qualify as a nonmanufacturer.
[ ] The offeror certifies that it does not exceed 500 employees (or 150 employees for the Information Technology Value Added Reseller exception to NAICS code 541519, which is found at 13 CFR 121.201, footnote 18).
[ ] The offeror certifies that it is primarily engaged in the retail or wholesale trade and normally sells the type of item being supplied.
[ ] The offeror certifies that it will take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice.
(3) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.
(4) If VA determines that an SDVOSB/ VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:
(i) Referral to the VA Suspension and Debarment Committee;
(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and
(iii) Prosecution for violating 18 U.S.C. 1001.
(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract or to determine whether the offeror qualifies as a manufacturer or nonmanufacturer in compliance with the limitations on subcontracting requirement. Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.
(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.
(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.
Certification I hereby certify that if awarded the contract, _______ will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of ______.
Printed Name of Signee: ___________ Printed Title of Signee: _____________ Signature: ____________ Date: ______________ Company Name and Address: _______________ (End of Clause)
C.4 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):
(End of Clause)
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| FAR Number |
| Title |
| Date |
| 52.204-13 |
| SYSTEM FOR AWARD MANAGEMENT—MAINTENANCE (DEVIATION) |
| NOV 2025 |
| 852.246-71 |
| REJECTED GOODS |
| OCT 2018 |
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
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):
(End of Provision)
| FAR Number |
| Title |
| Date |
| 52.204-7 |
| SYSTEM FOR AWARD MANAGEMENT—REGISTRATION (DEVIATION) |
| NOV 2025 |
| 852.239-75 |
| INFORMATION AND COMMUNICATION TECHNOLOGY ACCESSIBILITY NOTICE |
| FEB 2023 |
O2 Equip- Astral Vents, BiWaze Cough Assist Systems, Oxlife Liberty 2
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