36C25926Q0866.docx

VASLCHCS Office of Public Affairs and Communication

STATEMENT OF WORK (SOW)

Cannon V800 Industrial Digital Press PURCHASE

GENERAL INFORMATION

Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

POINT OF CONTACT*

Contracting Officer Kenneth Finchum kenneth.finchum@va.gov

PLACE OF PERFORMANCE

Salt Lake City VA Medical Center

500 foothill Drive

Salt Lake City UT

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

Salt Lake City VA Cannon V800 Industrial Digital Press Request for Quote (RFQ): (TITLE: Salt Lake City VA Cannon V800 Industrial Digital Press)

(i) This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with Revolutionary FAR Overhaul (RFO) Part 12. This announcement constitutes the only solicitation. Offers are being requested and a separate written solicitation will not be issued. The Government reserves the right to make no award from this solicitation.

* The deadline for all questions is 12:00pm MST, (9/19/2026) All questions must be submitted in writing no later than the question cut-off date marked above. All questions will be answered officially through an amendment to the solicitation.

** Quotes are to be provided to kenneth.finchum@va.gov no later than 12:00pm MST, (9/20/2026).

Quotes shall not be hand carried. Faxed quotes shall not be accepted. Emailed quotes are the only method of submitted quotes (4MB email limit). The Government reserves the right to make the award solely on initial Quotes received. Offerors bear the burden of ensuring that all portions of the offer (and any authorized amendments) reach the designated office before the deadline specified in the solicitation. This RFQ shall be completed in its entirety, and signed and dated, failure shall not be considered for award.

(ii) This is a Request for Quote (RFQ), and the solicitation number is (RFQ # 36C25926Q0866). The government anticipates awarding a firm-fixed price contract resulting from this solicitation.

(iii) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2026-01 effective March 17, 2026.

(iv) The North American Industrial Classification System (NAICS) code for this procurement is (334118) with a business size standard of (750 Employees). This solicitation is 100% set-aside for (Small Business).

(v) List of Line Items;

(vi) Description of Requirements for the items/Services to be acquired: (insert salient characteristics or Statement of Work):

1. Statement of Work Background:

VA Salt Lake City currently prints a wide variety of materials in-house. Regularly ordered products include posters, signage, bound books, pamphlets, patient care educational materials, and internally used staff training materials. The capability to produce cost effective small batch and medium-sized orders with quick turnaround, greatly improves Veteran experience while maintaining a simple order/pick-up process for staff.

The Print Shop currently has one machine in operation and one that is inoperable and can no longer be repaired due to costs and availability of parts. This is the printer we are replacing. It served us well for ten years past its expected life cycle. The Canon V800 will easily handle the workload of the obsolete printer and allow us to extend the life of the Xerox Versant 180 without excessive maintenance costs. In addition to increasing the output capacity of the print shop, this new machine will greatly improve quality and cost effectiveness. Improved quality and output will allow us to reduce our dependence on lengthy third-party orders, while cost effectiveness will save a considerable amount of money for the life of the machine.

The contractor shall also provide all personnel, material, equipment, supplies, tools, and non-personal services necessary to perform full-service preventive maintenance and repair services for the Government owned copier as defined in this Statement of Work (SOW). The contractor shall furnish all repair parts, labor, transportation, and supplies required to accomplish inspecting, cleaning, lubricating, adjusting, calibrating, vacuuming (if required), and repairing of equipment. Contractor shall maintain Government-owned equipment in the resultant contract at levels necessary to provide the specified functions to meet the manufacturer’s current equipment specifications.

2. Requirements for Digital Press

2.1. Print Speed ( Simplex/Duplex):

2.1.1. Letter Up to 81 ipm

2.1.2. 11'' x 17'' Up to 40 ipm

2.1.3. 12'' x 18'' Up to 40 ipm

2.1.4. 13'' x 19'' Up to 38 ipm

2.1.5. 13'' x 30'' Up to 22 ipm

2.2. Scan Speed: (Letter, 300 dpi) Up to 270 ipm

2.3. Print Resolution: Maximum 2400 x 2400 dpi

2.4. Paper Capacity:

2.4.1. Standard Up to 1,650 Sheets

2.4.2. Maximum Up to 10,400 Sheets

2.5. Paper Size Standard

2.5.1. 3.9'' x 5.8'' to 13'' x 19.2''

2.5.2. Optional 5.5'' x 7.2'' to 13'' x 30''

2.6. Paper Weight Standards

2.6.1. 14 lb. Bond to 110 lb.

2.6.2. Optional 5.5'' x 7.2'' to 13'' x 30''

2.7. Automatic Duplexing Standard:

2.7.1. 3.9'' x 5.8'' to 13''x 19.2”

2.7.2. Optional 5.5'' x 7.2'' to 13'' x 30''

2.8. Envelopes:

2.8.1. #10 Business

2.8.2. Monarch

2.8.3. 6'' x 9''

2.8.4. 9'' x 12''

2.8.5. 10'' x 13''

2.8.6. DL

2.8.7. ISO-C5

2.9. Print Servers: PRISMA sync Print Server with touch panel, image PRESS Server P400 image PRESS Printer Board

(iPR Server P400 V2 & Control Panel Set)

2.10. Digital Press Hardware Accessories and Modules:

2.10.1. Finisher: capacity of up to 5,000 sheets (80gsm) and a stapling capacity of up to 100 sheets (80gsm). Single and double stapling options are provided for added versatility.

Paper Weight: 52 to 350gsm Staple Position: Corner, Double

Ability to produce saddle-stitched booklets of up to 25 sheets/100 pages.

(BOOKLET FINISHER-AG1)

2.10.2. Color flatbed scan unit and 200-sheet automatic duplex document feeder equipped with double feed paper detection.

(Color Image Reader-P1 Set)

2.10.3. Multi-Drawer Paper Deck: Three paper drawers for a total capacity of up to 5,000 sheets, up to 350gsm. Double feed paper detection kit. Paper capacity (Upper/Middle cassettes): 1500 sheets, Paper capacity (Lower cassette): 2000 sheets, Paper weight (Upper/Middle cassettes): 52-350 gsm (Coated: 70-350 gsm), Paper weight (Lower cassette): 52-350 gsm (Coated: 70-350 gsm)

(Paper Deck Path KIT-B1) (Multi-Drawer Paper Deck-E1)

2.10.4. Stack Bypass: Capacity of 250 sheets.

(Stack Bypass D1)

2.10.5. Puncher Unit: internal hole-puncher allows for 2 & 3 hole-punching

(Puncher Unit-BS1)

2.10.6. Accessories and Connective Hardware

2.10.7. Paper Folding Unit: The paper folding units allows to fold sheets in the following formats: Z-Fold, C-Fold, Accordion Z-fold, Double parallel and Half fold.

(Paper Folding Unit-K1)

2.10.8. 10.1” Touch Printer Control Panel

2.11. Start-Up Supplies

2.11.1. 1x Toner T01 Black

2.11.2. 1x Toner T01 Cyan

2.11.3. 1x Toner T01 Magenta

2.11.4. 1x Toner T01 Yellow

3. Brand Justification Research: After much research and personal experience with several companies, the Print Shop Manager in consultation with the Deputy Chief of Communication and Public Affairs selected the Canon V800 as the most appropriate option and best for the needs of the Print Shop at the VA Salt Lake City Health Care System.

The Print Shop Manager conducted online research (noted below), consulted local industry experts and attended showroom demonstrations at local vendors to compare and contrast the technology at our disposal from the main competitor brands. The available vendors in the area offer competitive prices on their service contract agreements and provide local and specialized service making the process of repair and obtaining parts and the necessary supplies timely and convenient.

The Canon V800 is the only digital that we found that includes the inline Spectrophotometers allowing advanced color adjustments, media calibration, and color profile creation with the push of a button. This process on the other digital presses is a multistep process leading to fewer calibrations, increasing service calls, and decreasing the life-expectancy of the digital press. Additionally, to ensure we are providing the highest quality product to Veterans, their caregivers and families, and staff, the V800 ensures efficient and effective adherence to VA Design System and Tier 1 Graphic standards, allowing us to quickly align color palettes in graphic design projects to printed products. It is important to have matching color profiles with printed materials, ensuring readability and contrast meet the intent of accessibility laws. Color matching is a typically time intensive process, and the V800 streamlines the color-matching process.

3.1. Requested Printer: Canon V800

https://www.usa.canon.com/shop/p/imagepress-v900-series?type=New

3.2. Competitor Printers:

3.2.1. Konica Minolta AccurioPress C4080

3.2.2. Ricoh Pro C7500

3.2.3. Sharp BP-90C80

4. Requirements for Digital Press Service Contract: Along with the purchase of the Canon V800, the VA Salt Lake City HCS Office of Communication and Public Affairs (OCLA) will require a maintenance and service contract for the purchased Canon V800 in order to maintain the equipment in good working order and to be operationally ready. VASLCHCS would be charged per print with the average monthly usage as follows.

Black Impressions: 18,500 Color Impressions: 37,500

5. Period of Performance: 30-60 DAYS ARO

6. General Safety Requirements: While in performance of the resultant contract, the contractor shall maintain safety and health standards compliant with requirements of the Occupational Safety and Health Administration (OSHA) and adhere to VAAR 852.237-70 Contractor responsibilities.

7. Security Requirements: A security clearance is not required for contractor personnel performing work during the maintenance service visits and when delivering consumable supplies. The designated contractor personnel will be required to contact the site manager at each location as identified as the POC upon arrival when reporting for service calls or delivering supplies. The contractor shall be responsible for the security of all organizational information.

The contractor shall not disclose or cause to disseminate any information concerning operations of Department of Veterans Affairs. Such action(s) could result in violation of the contract and possible legal actions.

All inquiries, comments, or complaints arising from any matter observed, experienced, or learned of as a result of or in connection with the performance of the contract, the resolution of which may require the dissemination of official information, shall be directed to the government’s designated representative.

8. Specific Tasks:

8.1. Service Calls: The contractor shall respond to service calls during normal working hours, Monday through Friday between 8:00 a.m. and 4:30 p.m. local, excluding holidays observed by the Federal Government. The contractor shall respond to verbal service calls and is expected to initiate the repairs within four (4) working hours after notification of malfunction. The response time on a service call starts when the service call is placed to the contractor. The service technician shall report to the service requestor and notify of his/her arrival and verify the problem for which the service call was made. If the service call is not completed, the service technician shall contact the government’s designated representative and provide a detailed explanation as to why the equipment was not repaired and provide an estimated time for completion of the required repairs. The contractor shall complete the repairs and satisfactorily resolve the problem by effectively restoring the equipment to normal operating capability within 24 hours of responding or if part is not in stock then 72 hours.

8.2. Preventative Maintenance: The contractor shall provide, at a minimum, one quarterly preventive maintenance service call to ensure that all Government-owned equipment is maintained in fully operational condition. Contractor shall maintain the equipment in the resultant contract at levels necessary to provide the specified functions to meet the manufacturer’s current equipment specifications.

8.3. Consumable Supplies: On or about the same day of each month, the contractor shall ensure that the printer is furnished with sufficient consumable supplies (excluding paper and staples) to produce a volume of copies equal to the levels necessary to provide the specified functions to meet the manufacturer’s current equipment specifications.

8.3.1. The contractor shall respond to verbal requests for additional consumable supplies under the following conditions:

8.3.2. The government’s designated representative may make emergency requests for consumable supplies verbally. Orders will state the quantity and type of consumable supplies required and the location and serial number of the copier for which the additional consumable supplies are being ordered.

8.3.3. The contractor shall deliver additional consumable supplies within a period of twenty-four (24) hours after receipt of verbal order.

8.3.4. Supplies from the contractor shall be delivered between 7:30 a.m. and 3:30 p.m. local time, Monday through Friday (excluding Federal holidays) directly to the copier location.

9. Contractor-Furnished Items and Services: The contractor shall furnish all personnel, materials, supplies including toner and developer, and equipment required to perform work under the contract, to include but not limited to, tools and expendable items with the exception of paper and staples.

9.1. The contractor shall furnish all personnel, materials, supplies including toner and developer, and equipment required to perform work under the contract, to include but not limited to, tools and expendable items with the exception of paper and staples.

9.2. The contractor shall provide a toll-free telephone number for service calls which must be answered during at least eight working hours, between 8:00 am and 4:30 pm, Monday through Friday MT.

9.3. Consumable Supplies: The contractor shall provide consumable supplies to include all parts, toner, developer, photoconductors, labor and all consumable items for the press identified.

9.4. In order to ensure the availability of consumable supplies, the contractor shall be required to establish and maintain a full stock of all such supplies as described. The Government shall not be responsible for either the inventorying or issuance of the contractor-furnished supplies.

9.5. Parts/Supplies Availability: The contractor shall have an inventory of parts in quantities sufficient to effectively service the resulting contract. The contractor shall have an internal inventory system and delivery system for the parts. The inventory and delivery system must be sufficient to service the contract in accordance with the maintenance response times specified in paragraph 8.1 and the supply delivery times specified in paragraphs 8.3.3 and 8.3.4.

9.6. Personnel Qualifications: The contractor shall be required to provide fully qualified and manufacturer trained or certified service, delivery, and management personnel in sufficient numbers to actively and efficiently service and support the equipment in place during the contract period.

9.7. Contractor’s Unauthorized Work Performance: The contractor shall not perform work that deviates from contract requirements and specifications. If the contractor deviates from contract requirements and specifications without approval of the government’s designated representative, such deviations shall be at the risk of the contractor and any cost related thereto, shall be borne by the contractor.

10. Billing & Invoicing

10.1. Services performed under this contract will be billed in arrears quarterly.

10.2. The contractor shall provide an invoice that will include:

10.2.1. Contract Number (PO #)

10.2.2. Company Name and Address

10.2.3. Invoice Date

10.2.4. Invoice Number (Note: Each invoice must have a different Invoice Number).

10.2.5. Description of items/services provided as well as referencing the appropriate Contract Line Item Number (CLIN). This way the proper CLIN can be billed for the Invoice. To include number of black and white prints and colors.

10.2.6. Terms for any discount for prompt payment.

10.2.7. Name, title and phone number of company point of contact to notify in case of a defective invoice.

11. Security/ Internal Hard Drive: In reference to the Canon internal hard drives, if they malfunction the technician will pull and give to VA IT staff. The VA IT staff will dispose in accordance with VA regulations.

Salient Characteristics:

The Canon V800 is the only digital press found that includes the in-line Spectrophotometers allowing advanced color adjustments, media calibration, and color profile creation with the push of a button.

This process on the other digital presses is a multi-step process leading to fewer calibrations, and increasing service calls. Additionally, to ensure the highest quality product is provided to Veterans, caregivers and families, and staff, the V800 ensures efficient and effective adherence to VA Design System and Tier 1 Graphic standards, allowing them to quickly align color palettes in graphic design projects to printed products. It is important to have matching color profiles with printed materials, Ensuring readability and contrast meets the intent of accessibility laws. Color matching is typically time intensive process, and the V800 streamlines the color-matching process. Additionally, the Canon V800 will not require installation of new electrical infrastructure. The facility electricians will not need to run new electrical prior to installation.

The contractor will not be on station or have access to any VA system or information. Therefore, the C&A requirements do not apply and a Security Accreditation

*Buy American – Vendors are strongly encouraged to include quotes with (all) products manufactured within the U.S. whenever possible although quotes with non-domestic products will not be excluded from the solicitation.

· Vendors are required to complete the FAR 52.225-2 Buy American Certificate below and include with their quote in order to verify the Country of Origin (COO) of products included in their quote.

*FOB shall be destination *Freight shall be added to the price of CLIN 0001 and not be its own line item *Cut sheets and specification sheets proving the offered product meets all testing specifications and salient characteristics shall be included with the quote *Quotes shall annotate the expected date of delivery to the specified location *Quotes shall be accompanied by an authorization letter consistent with the requirements of VAAR 852.212-71(c).

*Failure to meet the salient characteristics below will result in the offeror’s quote not being considered for award.

*Failure to provide the required documents or information (information documents, quote with accurate costs, delivery lead time, Buy American certificate, clause VAAR 852.219-76, and/or authorized distributor letter) by the quote deadline will result in the offeror’s quote not being considered for award.

SALIENT CHARACTERISTICS:

(vii) Delivery and acceptance are to be F.O.B Destination (RFO 52.247-34) at:

(Department Of Veterans Affairs Salt Lake City VA Medical Center 500 Foothill Dr (120)

Salt Lake City UT 84148)

(viii) 52.212-1, Instructions to Offerors-Commercial Items applies to this acquisition

(a) Any award made as a result of this solicitation will be made on an All or Nothing Basis.

(b) State if quoted items are available and priced through offerors existing Government-wide Acquisition Contract (GWAC), GSA Multiple Award Schedule (MAS) contract, or VA-wide Acquisition Contract.

(c) If the acquisition is set-aside for SDVOSBs/VOSBs, their socioeconomic status must be verified and visible in the SBA Small Business Certification (SBS): https://search.certifications.sba.gov/ at the time of quote submission AND award, or will be considered non-responsive, and will NOT be considered for award.

(d) Offerors are warned against contacting any VA personnel other than the Contracting Officer and Contract Specialist prior to placement of any award made resulting from this RFQ. If such contact occurs and found to be prejudicial to competing contactors, the offeror making such contact may be excluded from award considerations.

(e) All proprietary information shall be clearly and properly marked. If the Offeror submits annexes, documentation, attachments or the like, not specifically required by this solicitation, such will count against the Offeror’s page limitations unless otherwise indicated in the specific volume instructions below.

(f) All information shall be confined to the appropriate file. The offeror shall confine submissions to essential matters, sufficient to define the quote and provide an adequate basis for evaluation. Offerors are responsible for including sufficient details, in a concise manner, to permit a complete and accurate evaluation of each quote.

(g) ADDENDUM to RFO 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

Submission of quote shall include the following volumes: (I) Technical capability or quality of the item offered to meet the Government requirement; (II) - Completion of “Attachment - VAAR Clause 852.219-75/6 VA Notice of Limitations on Subcontracting-Certificate of Compliance for Services/Supplies and Products (DEVIATION)”; and (III) Price; (IV) Delivery Lead Time; (V) Buy American Certificate; and (VI) Letter of Authorized Distributor (VAAR 852.212-71 (c), as applicable.

Volume I - Technical capability or quality of the item offered to meet the Government requirement The offeror shall submit specifications, cut sheets, or brochures confirming the “equal” products, including “equal” products of the brand name manufacturer submitted, meets or exceeds the salient physical, functional, or performance characteristic specified in this solicitation. The product(s) quoted must be identified by brand name, if any, and make or model number.

Volume II - Completion of “Attachment - VAAR Clause 852.219-75/6 VA Notice of Limitations on Subcontracting-Certificate of Compliance for Services/Supplies and Products (DEVIATION)” The offeror shall complete the provision VAAR 852-219-75 VA Notice of Limitations on Subcontracting - Certificate of Compliance for Services and Construction.

Offeror must list any/all subcontractors (and their size standard IAW NAICS 334118 if they will be utilized for this requirement AND what they will be performing. How is your firm going to comply with Limitations on Subcontracting requirements? If no subcontractors will be used, please state “No Subcontractors will be used for this requirement” in the response.

Volume III – Price Price - The offeror shall complete the pricing schedule provided in Section (v) above: Price/Cost Schedule.

Volume IV – Delivery Lead Time

Volume V – Buy American/Trade Agreements Certificate The offeror shall complete and submit the included 52.225-2 Buy American Certificate/52.225-6 Trade Agreements Certificate.

Volume VI – Letter of Authorized Distributor If the offeror is not an OEM, then the offeror shall submit a verifying authorization letter or other documents from the OEM consistent with the requirements of VAAR 852.212-71(c). Verifying letter must be from the OEM.

(End of Addendum to 52.212-1)

(ix) 52.212-2, Evaluation--Commercial Items applies to this acquisition.

ADDENDUM to RFO 52.212-2 EVALUATION—COMMERCIAL ITEMS:

(a) The Government will award a contract resulting from this solicitation to the offeror responsible whose offer conforming to the solicitation will be most advantageous to the Government considering price and other factors.

(b) The following factors shall be used to evaluate quotations:

Factor 1. Technical capability or quality of the item offered to meet the Government requirement

Factor 2. Completion of “Attachment - VAAR Clause 852.219-75/6 VA Notice of Limitations on Subcontracting- Certificate of Compliance for Services/Supplies and Products (DEVIATION)”

Factor 3. Price

Factor 4. Delivery Lead Time

Factor 5. Submission of Buy American/Trade Agreements Certificate

Factor 6. Submission of Authorized Distributor Letter

(c) Evaluation Approach. The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The Government will use comparative analysis. The following factors will be used to evaluate offers:

Factor I. Technical capability or quality offered to meet the Government requirement: The quotation will be evaluated to the extent to which it can meet and/or exceed the Government’s requirements as outlined in the solicitation and based on the information requested in the instructions to quoters section of the solicitation.

Factor 2. Completion of “Attachment - VAAR Clause 852.219-75/6 VA Notice of Limitations on Subcontracting-Certificate of Compliance for Services/Supplies and Products (DEVIATION)”: The Government will evaluate the responses an offeror makes to Attachment - VAAR Clause 852.219-75/6 VA Notice of Limitations on Subcontracting-Certificate of Compliance for Services/Supplies and Products (DEVIATION)” for completeness. If an offeror fails to complete Attachment - VAAR Clause 852.219-75/6 VA Notice of Limitations on Subcontracting-Certificate of Compliance for Services/Supplies and Products (DEVIATION)” their quote will be determined ineligible for award.

Factor 3. Price: The Government will evaluate the price by adding the total of all line item prices, including all options. The Government may use various price analysis techniques and procedures to make a price reasonableness determination. Offers that do not meet or exceed the technical capability or quality of the item offered to the Government requirement shall not be selected regardless of price.

Factor 4. Delivery Lead Time: The Government will evaluate delivery lead time in addition to other evaluation factors specified above and select the quoter/offer whose bid is most advantageous to the Government.

Factor 5. Submission of completed Buy American/Trade Agreements Certificate: The Government will evaluate the information provided in the completed Buy American/Trade Agreements Certificate for compliance with FAR Part 25. Priority may be given to products made in the US.

Factor 6. Submission of Authorized Distributor Letter: Vendor eligibility will be determined – in addition to other evaluation factors above – by the submission of a proper OEM letter (see VAAR 852.212-71(c)) from the manufacturer of the products included in the quote.

**The Government may consider an award to other than the lowest priced quoter/offeror if it’s in the best interest of the Government.**

If offeror does not provide all volumes as outlined in RFO 52.212-1 Instructions, the offer may be considered nonresponsive.

(d) The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. The evaluation of options does not obligate the Government to exercise the option(s)

(End of Addendum to 52.212-2)

(x) 52.212-4, Contract Terms and Conditions--Commercial Items – applies to this acquisition Any inconsistencies in this solicitation or contract shall be resolved by giving precedence IAW 52.212-4(r). By submitting a quote, the offeror understands that quotes will not be referenced in 1449 and clauses incorporated in the solicitation will dictate the contract. All offerors shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under the contract IAW RFO 52.212-4(q). The Government reserves the right to deny requests for clause changes that are not included in this solicitation should the request be inconsistent with the RFO or VAAR.

(xi) The following RFO clauses are incorporated by reference:

Employee Class Monetary Wage-Fringe Benefits Statute

(xii) Additional contract requirements or terms and conditions:

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 the 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.

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 45 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 5 years.

52.219-14 Limitations on Subcontracting

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are—

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are—

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for—

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause—

□ By the end of the base term of the contract and then by the end of each subsequent option period; or

□ By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.

(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.

(End of clause) 52.222-90 Addressing DEI Discrimination by Federal Contractors Addressing DEI Discrimination by Federal Contractors (Deviation DATE)

(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)

52.225-1 Buy American – Supplies (OCT 2022)

(a) Definitions. As used in this clause—

Commercially available off-the-shelf (COTS) item—(1) Means any item of supply (including construction material) that is—

(i) A commercial product (as defined in paragraph (1) of the definition of ‘‘commercial product’’ at Federal Acquisition Regulation (FAR) 2.101;

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(1) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

Component means an article, material, or supply incorporated directly into an end product.

Cost of components means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product.

Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105.

Domestic end product means—

(1) For an end product that does not consist wholly or predominantly of iron or steel or a combination of both—

(i) An unmanufactured end product mined or produced in the United States;

(ii) An end product manufactured in the United States, if—

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. Components of foreign origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic. Components of unknown origin are treated as foreign. Scrap generated, collected, and prepared for processing in the United States is considered domestic; or

(B) The end product is a COTS item; or

(2) For an end product that consists wholly or predominantly of iron or steel or a combination of both, an end product manufactured in the United States, if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all the components used in the end product. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the end product and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the end product contains multiple components, the cost of all the materials used in such end product is calculated in accordance with the definition of ‘‘cost of components’’.

End product means those articles, materials, and supplies to be acquired under the contract for public use.

Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

Foreign end product means an end product other than a domestic end product.

Foreign iron and steel means iron or steel products not produced in the United States. Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

United States means the 50 States, the District of Columbia, and outlying areas.

(b) 41 U.S.C. chapter 83, Buy American, provides a preference for domestic end products for supplies acquired for use in the United States. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for an end product that is a COTS item (see 12.505(a)(1)), except that for an end product that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the end product, excluding COTS fasteners.

(c) Offerors may obtain from the Contracting Officer a list of foreign articles that the Contracting Officer will treat as domestic for this contract.

(d) The Contractor shall deliver only domestic end products except to the extent that it specified delivery of foreign end products in the provision of the solicitation entitled "Buy American Certificate."

Alternate I (OCT 2022). As prescribed in 25.1101(a)(1)(ii) substitute the following sentence for the first sentence of paragraph (1)(ii)(A) of the definition of ‘‘domestic end product’’ in paragraph (a): (A) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components.

(End of Clause) 52.225-2 Buy American Certificate (OCT 2022)

(a) (1) The Offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product and that each domestic end product listed in paragraph (c) of this provision contains a critical component.

(2) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products.