36C26125Q0822 0003 02.18.2026.pdf

Attachment 1: Combined Synopsis-Solicitation for Commercial Products and Commercial Services, 36C26125Q0822, Amendment 0003

Description

This is a Combined Synopsis/Solicitation for commercial products or commercial services prepared in accordance with part 12. This announcement constitutes the only solicitation. Offers are being requested and a separate written solicitation will not be issued. Solicitation 36C26125Q0822, Amendment 0003, is issued as a Request for Quotes (RFQ).

This solicitation is set-aside for SDVOSBs. Offerors must be verified in the U.S. Small Business Administration’s Small Business Search (SBS) database when the offer is submitted, and if the apparent awardee, prior to award. If the offeror cannot be verified, their quote will not be considered for award. This solicitation incorporates provisions and clauses by reference. The full text of provisions and clauses may be accessed electronically at www.acquisition.gov.

Offerors who wish to be considered for award must submit new quotes starting on the date Request for Quotations, Amendment 0003, is issued, through the date and time that quotes are due. Any prior quotes received prior to today’s date will not be considered for award.

The associated North American Industrial Classification System (NAICS) code for this procurement is 339113 with a small business size standard of 800 employees.

The FSC/PSC is 6515.

INSTRUCTIONS to Quoters:

The Buy American Act applies to this synopsis/solicitation. Any quotes submitted in response to this solicitation must comply with the Buy American Act, or the quote will not be considered for award.

In accordance with RFO 25.101 General:

(a) The Buy American statute restricts the purchase of supplies that are not domestic end products. For manufactured end products, the Buy American statute, E.O.

13881, and E.O. 14005 use a two-part test to define a domestic end product.

http://www.acquisition.gov/ https://www.federalregister.gov/executive-order/13881 https://www.federalregister.gov/executive-order/13881 https://www.federalregister.gov/executive-order/14005

Quotes must identify domestic end products using a two-part test as outlined in

RFO 25.101:

1. Manufacturing: The article must be manufactured in the United States; and

2. Content:

(i) Except for an end product that consists wholly or predominantly of iron or steel or a combination of both, the cost of domestic components must exceed 60 percent of the cost of all the components, except that the percentage is 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. But see paragraph (d) of this section. In accordance with 41 U.S.C. 1907, this domestic content test of the Buy American statute has been waived for acquisitions of COTS items (but see paragraph (a)(2)(ii) of this section).

(ii) For an end product that consists wholly or predominantly of iron or steel or a combination of both, the cost of foreign iron and steel must constitute less than 5 percent of the cost of all the components used in the end product (see the definition of “foreign iron and steel” at 25.003). 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. This domestic content test of the Buy American statute has not been waived for acquisitions of COTS items in this category, except for COTS fasteners.

I. The quote must identify which items qualify as domestic end products by listing and marking the applicable line item as “domestic” or “N/A” on the Buy American Act Certificate (Clause 52.225-2 attached to this solicitation) for those that meet the definition of a domestic end-product. Quoters must also list all quoted items that are not domestic on the Buy American Act Certificate. If items are not listed so that the determination cannot be made, the quote will not be considered for award.

II. The quote must contain a letter/document saying the offeror is an authorized distributor of the item or the quote will not be considered for award.

III. Complete VAAR Clause 852.219-76 (VA NOTICE OF LIMITATIONS ON

SUBCONTRACTING – CERTIFICATE OF COMPLIANCE FOR SUPPLIES

AND PRODUCTS (JAN 2023) (DEVIATION) and submit with your response to this amended solicitation:

To be eligible for evaluation and consideration for award, Offerors must return the entire, completed VAAR clause 852.219-76 along with the completed and signed VAAR 852.219-76 formal certification with their quotes by the due date for quote submission. Offerors (or their authorized representatives) must sign the certification. The certification must be properly completed. Failure to follow these instructions will result in a quote being rejected and not forwarded for evaluation.

IV. Delivery shall be provided no later than 12 weeks after receipt of order, Freight on Board (FOB) destination. The quoter shall state in their quote that “delivery shall be provided no later than 12 weeks after receipt of order, Freight on Board (FOB) destination.” Failure to have the quoter confirm that the item will be delivered no later than by 12 weeks after receipt of order will result in the quote not being considered for award.

V. The quote must state a contractor representative will be on site for line item 14, installation-implementation: Contractor shall assist with removing item from pallet and putting into place. Contractor shall also oversee installation: work with facility to ensure that the electrical accessories are correctly installed and that all the organization accessories are installed and properly functioning for the staff. Failure to have the quote confirm that a contractor representative will be on site for line item 14, installation-implementation will result in the quote not being considered for award.

VI. To facilitate the award process, all quotes must include a statement regarding the terms and conditions herein as follows, or the quote will not be considered for award:

"The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition."

OR

"The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:"

Quoters shall list exception(s) and rationale for the exception(s), if any.

VII. Quoters shall provide an affirmative statement that they will comply with line items 14, install-implementation, line item 15, shipping and line item 16, PS- Assembly-T3, or the quote will not be considered for award.

Delivery is to: 150 Muir Rd., Martinez, California, 94553, United States. See Line item 14 for additional delivery information.

All quotes shall be sent here:

Point of Contact

Submission of your response shall be received by Alison Weinstein alison.weinstein@va.gov AND Jose A. Hernandez, at jose.hernandez1@va.gov by 8:00 AM PT, Friday, March 6th, 2026 (03/06/2026).

Point of Contact

Alison Weinstein at alison.weinstein@va.gov 650-582-9818 AND Jose A. Hernandez, at jose.hernandez1@va.gov.

Basis for award is as follows: The Government will award a contract resulting from this solicitation to the responsible offeror whose quote conforms to the solicitation, The following factors shall be used to evaluate quotes: Price. The award will be made based on price only.

mailto:alison.weinstein@va.gov mailto:jose.hernandez1@va.gov mailto:alison.weinstein@va.gov mailto:jose.hernandez1@va.gov

Clause at 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services, applies to this acquisition

Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to both (the two) Point of Contacts listed above.

Attachments:

1. Tungsten Invoicing Information

2. VAAR 852.219-76

https://www.acquisition.gov/far/part-52#FAR_52_212_4

The Network Contracting Office 21 (NCO 21) is seeking to purchase the PureSteel™ Ergonomic WorkStation, Brand Name or Equal. Brand Name or Equal shall be evaluated based upon meeting the exact size requirements which is required for the workstation to fit in a tight space, and including all warranties defined in the line items.

Additionally, must include height adjustability, heat-resistant shelf per specifications in line item 3, task lighting, and ergonomic and organizational requirements for accessories.

All interested companies shall provide quotations for all of the following supplies/services: Brand Name or Equal, one (1) of each item, except for line item twelve (12). Four items are needed of line item 12.

LINE ITEMS:

1. PS-ERGTB-HA-5024:

The PureSteel™ Ergonomic WorkStation is used to package instruments and instrument sets in Sterile Processing Service (SPS) designated areas.

Electro-mechanical height-adjustability to sit or stand while working. Features include:

push button lifters to adjust work height and enable easy maintenance and daily cleaning;

QTY 1, must be 50”L x 24”W to fit into the room area, with minimum dimensions of 49”L x 23”W, which allows space for proper instrument inspection and assembly before sterilization.

Made of 304 Gauge Stainless and have 2.5" thick tabletop for durability. Table made from one stainless steel piece and no welded joints to create weak or uneven surfaces to prevent employee injury as well as sterilization wrap from being torn during packaging.

Built-in GFCI protected electrical box with a minimum of 7 outlets and a maximum of 8 outlets for workstation equipment plus a resettable circuit breaker for overload protection. This eliminates unsafe under-sink power strip and unsafe tripping hazards with cords on the floor.

1. Warranty: 3-year electro-mechanical lifter warranty on height-adjustable component.

2. 36 months’ warranty against manufacturing faults from the production date of the individual products.

2. PS-TB-PB-5024-S

PureSteel™ Table Pegboards organize electrical cords to keep workspace clear, allow the storage of customized preparation and packaging tools and supplies within safe and ergonomic reach for the SPS staff, requiring a maximum size of 10” x 4” and a minimum of 9” x 4”. Features include: height adjustable with the table so SPS staff can adjust to their height. Pegboard must be attached to the table.

Reduce clutter (supplies, cords) in working space, puts all working tools within reach for optimal productivity (monitor mount, bin and bin rail, task light, peel pouch shelf and storage shelves).

QTY 1, 50”L x 24”H table pegboard, standard pegs throughout. Must be this size to fit into the area.

3. PS-TB-HEATSEALSLF

The PureSteel™ Hughes Seal & Stow Heat Sealer Shelf to store (currently owned) large, heavy heat sealers off of countertops and workstation. This is a built-in shelf that collapses away under workstation workspace, hands-free, when SPS uses a heat sealer for instrument set assembly. When needed, the shelf can be brought to table-level for use. When a heat sealer isn't required, the shelf can collapse hands-free to store the (currently owned) heat sealer which measures 21.5"D x 16"W. This shelf must be a maximum of 22.5”D x 17”W and a minimum of 21.5”D x 16”W to safely secure the heat sealer and allow space for SPS staff to sit next to shelf and move shelf out or under the workstation.

Must be able to store under table to allow more workable area on top of table.

QTY 1 Heat Sealer Shelf.

4. PS-TB-HASHLF

A suspended shelf mounted underneath Ergonomic Workstations or Tables lets users store accessories at each table due to tight spacing. Must adjust with height-adjustable tables.

QTY 1, height-adjustable shelf.

5. PS-TB-RULER

The PureSteel™ Tabletop Ruler is etched into the surface of assembly and packaging tables to make measuring and testing easy and convenient for staff. Tabletop ruler etched into table for durability and for measuring instruments (not a placemat). The ruler shall be etched into the surface of the tabletop where the buyer desires.

QTY 1, etched tabletop ruler up maximum 36"L and minimum length = 35”L

6. PS-TB-RAIL

The PureSteel™ Prep and Pack Organization Rail lets users hang peel pouch rolls, stickers, and other sterilization materials on a rail for dispensing and refilling for storage space in tight area. Includes a built-in light for visual aid.

QTY 1, Maximum size 26"L rail shelf, minimum size 25”L rail shelf

7. PS-SLF-LGHT-24x12

Built-in lighting for fine detail work attached to pegboard.

QTY 1, Maximum size 24"x12" (minimum size 23” x 12”) shelf with built-in LED light bar.

1.5" thickness back splash, maximum dimensions of 8” by 4”and minimum of 7” x 4” to fit into the area.

8. PS-PPRS-05

PureSteel™ Peel Pouch Rack vertically organizes stacks of pre-cut peel pouch packets on a back wall shelf.

Maximum size 8.7"x4"x4". 1.625" spacing and minimum 8.5” x 4”x 4”. Must be used on a flat surface or shelf.

QTY 1 peel pouch rack with 5 slots.

9. PC-VS-ARM-S-KYBD

The Ergotron® Wall Mounted Keyboard and Monitor Arm organizes keyboards, computer mice, handheld scanners, and computer monitors at an appropriate, ergonomic height for every user. The Keyboard Arm is for tight areas with built-in flexibility for wrist, arm, and height adjustment. The back tilt keyboard tray also removes pinch points during work.

QTY 1 Wall Mounted Keyboard and Monitor Mount System.

(Does not include monitors, keyboards, scanners, or additional items.)

10. PC-VS-VSS

The Ergotron® VESA Scanner Shelf provides a platform shelf for placing wireless scanners or accessories alongside monitor screens. Holds up to 1.5 lbs., and works with screens up to 24".

QTY 1 scanner mount. Includes mounting brackets.

11. PS-PSBR-24x3

Wall mounted rail for PureSteel Plastic Shelf Bins. Allows flexible installation and management of bins on pegboards and walls.

Pegboards have concealed cord management; only one GFCI outlet is needed for the entire unit.

QTY 1, wall mounted rail. Maximum size 24"L x 3"H and minimum size 23”L x 3”H

12. PS-PSB-5.5x11x5

Plastic shelf bins that hang to PureSteel pegboards and organize tools and accessories at an easy to reach height.

QTY 4, plastic shelf bin. Maximum size 5.5"W x 11"L x 5"H and minimum size 5”W x 11”L x 5”H

13. PS-LGHT-475X

The PureSteel™ 4.75x Magnification Task Light provides sterile processing and gastroenterology professionals with enhanced magnification capabilities for external visual inspection capabilities. The task light features 2 different glass lenses that are easily swapped to match the magnification to the task or IFU (a 4.75x and 2.25x magnification lens). The task light features touch-sensitive brightness controls and a spring-balanced arm for easy adjustment & control. Includes a c-clamp and L-bracket for mounting, but does not include hardware.

QTY 1 task light, 1, 4.75x lens, and 1, 2.25x lens.

14. INSTALL-IMPLEMENTATION. Education is not needed. Contractor shall assist with removing item from pallet and putting into place. Contractor shall also oversee installation: work with facility to ensure that the electrical accessories are correctly installed and that all the organization accessories are installed and properly functioning for the staff.

15. SHIPPING, FOB Destination, included in price.

16. PS-ASSEMBLY-T3: Factory assembly of back walls and/or pegboards, accessories, electrical wiring and channeling, and product assembly. Final polish and cleaning included. Removal of pre-existing systems or equipment is not included.

The full text of RFO provisions or clauses may be accessed electronically at https://www.acquisition.gov/far-overhaul

The following solicitation provisions and clauses apply to this acquisition:

All payments by the Government to the contractor will be made in accordance with:

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

[] 52.232-36, Payment by Third Party

INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [x] One invoice after delivery and completion of all line items.

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.

PROVISIONS

52.211-6 Brand Name or Equal.

Brand Name or Equal (Aug 1999)

(a) If an item in this solicitation is identified as "brand name or equal," the purchase description reflects the characteristics and level of quality that will satisfy the Government’s needs. The salient physical, functional, or performance characteristics that "equal" products must meet are specified in the solicitation.

(b) To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must-

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by-

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer;

and

(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

(c) The Contracting Officer will evaluate "equal" products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name product referenced in the solicitation.

(End of provision) https://www.acquisition.gov/far/part-52#FAR_52_211_6

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. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 65 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select ‘‘no’’.

(3) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

(4) The terms ‘‘commercially available off-the-shelf (COTS) item,’’ ‘‘critical component,’’ ‘‘domestic end product,’’ ‘‘end product,’’ and ‘‘foreign end product’’ are defined in the clause of this solicitation entitled ‘‘Buy American—Supplies.”

(b) Foreign End Products:

Line item No. Country of origin Exceeds 65% domestic content (yes/no)

[List as necessary]

(c) Domestic end products containing a critical component:

Line item No.

[List as necessary]

(d) The Government will evaluate offers in accordance with the policies and procedures of part 25 of the Federal Acquisition Regulation.

(End of Provision)

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/far-overhaul/far-part-deviation-guide/far-overhaul-part 52#FAR_52_252_1 (FAR) and http://www.va.gov/oal/library/vaar/index.asp (VAAR)

(END OF PROVISION)

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part%2052#FAR_52_252_1 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part%2052#FAR_52_252_1 http://www.va.gov/oal/library/vaar/index.asp

FAR

Number

Title Date

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES

THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR

STATEMENTS—REPRESENTATION

JAN 2017

52.204-7 SYSTEM FOR AWARD MANAGEMENT

(DEVIATION NOV 2025)

NOV 2024

52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

(DEVIATION OCT 2025)

SEP 2023

52.214-21 DESCRIPTIVE LITERATURE APR 2002

52.225-18 PLACE OF MANUFACTURE AUG 2018

(END OF PROVISIONS)

CLAUSES

52.240-91 Security Prohibitions and Exclusions.

SECURITY PROHIBITIONS AND EXCLUSIONS (DEVIATION NOV 2025)

(a) Definitions. As used in this clause—

American Security Drone Act-covered foreign entity means an entity included on a list that the Federal Acquisition Security Council (FASC) develops and maintains and publishes in the System for Award Management (SAM) at https://www.sam.gov (section 1822 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Covered article, as defined in 41 U.S.C. 4713(k), means:

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);

https://www.sam.gov/

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means—

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means—

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled—

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

FASC-prohibited unmanned aircraft system means an unmanned aircraft system manufactured or assembled by an American Security Drone Act—covered foreign entity.

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring removing covered articles from executive agency information systems or excluding one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201-1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders that apply to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders that apply to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders that apply to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or

(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another’s network to hand off traffic where it is ultimately delivered (e.g., connecting a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Kaspersky Lab-covered article means any hardware, software, or service that—

(1) Is developed or provided by a Kaspersky Lab-covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a Kaspersky Lab-covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a Kaspersky Lab-covered entity.

Kaspersky Lab-covered entity means—

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab, including any change in name, e.g., “Kaspersky”;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—

(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or

(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.

Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.

Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.

Subsidiary means an entity in which more than 50 percent of the entity is owned directly by a parent corporation or through another subsidiary of a parent corporation.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

Unmanned aircraft means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft (49 U.S.C. 44801(11)).

Unmanned aircraft system means an unmanned aircraft and associated elements (including communication links and the components that control the unmanned aircraft) that are required for the operator to operate safely and efficiently in the national airspace system (49 U.S.C. 44801(12)).

(b) Prohibitions on providing or using specific products or services in performance of contract. Unless a waiver or exception applies, the Contractor is prohibited from providing any products or services to the Government or using in the performance of the contract any of the following:

(1) A covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees (section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117- 328));

(2) A Kaspersky Lab-covered article (Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91));

(3) Covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system (paragraphs (a)(1)(A) of section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)). This does not prohibit contractors from providing—

(i) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(c) Prohibition on unmanned aircraft systems manufactured or assembled by American Security Drone Act—covered foreign entities.

(1) Prohibition. The Contractor is prohibited from—

(i) Delivering any FASC-prohibited unmanned aircraft system, which includes unmanned aircraft (i.e., drones) and associated elements (sections 1823 and 1826 of American Security Drone Act of 2023, within the National Defense Authorization Act for Fiscal Year 2024, Pub. L. 118-31, Div. A, Title XVIII, Subtitle B, 41 U.S.C. 3901 note prec.);

(ii) On or after December 22, 2025, operating a FASC-prohibited unmanned aircraft system in the performance of the contract (section 1824 of Pub. L. 118-31); and

(iii) On or after December 22, 2025, using Federal funds to procure or operate a FASC-prohibited unmanned aircraft system (section 1825 of Pub. L. 118-31).

(2) Procedures. The Contractor shall search SAM for the FASC-maintained list of American Security Drone Act—covered foreign entities before proposing, or using in performance of the contract, any unmanned aircraft system. Also, the Contractor shall ensure any effort or expenditure associated with a FASC-prohibited unmanned aircraft system is consistent with a corresponding exemption, exception, or waiver determination expressly stated in the contract.

(3) Exemptions, exceptions, and waivers. The prohibitions in paragraph (c) of this clause do not apply where the agency has determined an exemption, exception, or waiver applies, and the contract indicates that such a determination has been made.

See sections 1823 through 1825 and 1832 of Public Law 118-31 for statutory requirements pertaining to exemptions, exceptions, and waivers.

(d) Prohibition on using or providing specific products or services or conducting certain transactions regardless of connection to contract.

(1) Certain telecommunications and video surveillance equipment, systems, or services.

(i) Unless an applicable waiver has been issued by the Government, the Contractor cannot use any equipment, systems, or services that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system (paragraph (a)(1)(B) of section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)).

(ii) This prohibition applies to using covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. This does not prohibit the contractor from using—

(A) A service that connects to the facilities of a third party, such as backhaul, roaming, or interconnection arrangements; or

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

(2) Office of Foreign Assets Control Restrictions.

(i) Except as authorized by the Office of Foreign Assets Control (OFAC) in the Department of the Treasury, the Contractor shall not acquire, for use in the performance of this contract, any supplies or services if any proclamation, Executive order, or statute administered by OFAC, or if OFAC’s implementing regulations at 31 CFR chapter V, would prohibit such a transaction by a person subject to the jurisdiction of the United States.

(ii) Except as authorized by OFAC, most transactions involving Cuba, Iran, and Sudan are prohibited, as are most imports from Burma or North Korea, into the United States or its outlying areas.

(A) For lists of entities and individuals subject to economic sanctions, see OFAC’s List of Specially Designated Nationals and Blocked Persons at https://home.treasury.gov/policy-issues/financial-sanctions/specially-designated-nationals-and-blocked-persons-list-sdn-human-readable-lists.

https://home.treasury.gov/policy-issues/financial-sanctions/specially-designated-nationals-and-blocked-persons-list-sdn-human-readable-lists https://home.treasury.gov/policy-issues/financial-sanctions/specially-designated-nationals-and-blocked-persons-list-sdn-human-readable-lists

(B) For more information about these restrictions, as well as updates, see OFAC’s regulations at 31 CFR chapter V and at https://home.treasury.gov/policy-issues/office-of-foreign-assets-control-sanctions-programs-and-information.

(C) To conduct electronic screens of potential parties to regulated transactions, see the consolidated screening list at https://www.trade.gov/consolidated-screening-list, which consolidates multiple export screening lists of the Departments of Commerce, State, and the Treasury.

(3) Sudan prohibition. The Contractor is prohibited from conducting any restricted business operations in Sudan in accordance with Accountability and Divestment Act of 2007 (Pub. L. 110-174).

(4) Iran prohibitions.

(i) Unless an exception applies according to paragraph (d)(4)(iii) or the Government grants a waiver, the contractor shall not engage in certain activities or transactions relating to Iran (section 6(b)(1)(A) of Iran Sanctions Act (50 U.S.C. 1701 note).

(ii) Unless an exception applies according to paragraph (d)(4)(iii) or the Government grants a waiver, contractor shall not export certain sensitive technology to Iran, as determined by the President, and has an active exclusion in SAM (22 U.S.C. 8515).

(iii) The prohibition in paragraphs (d)(4)(i) and (d)(4)(ii) do not apply if the acquisition is subject to trade agreements and the offeror certifies that all the offered products are designated country end products or designated country construction material (see part 25).

(iv) Unless an exception applies or the Government grants a waiver, contractors are prohibited from knowingly engaging in any significant transaction (i.e., over $15,000) with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked according to the International Emergency Economic Powers Act (section 6(b)(1)(B) of Iran Sanctions Act (50 U.S.C.

1701 note)).

(e) Governmentwide exclusion and removal orders.

(1) Unless the Government has issued an applicable waiver, contractors shall not provide or use as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order as follows:

https://home.treasury.gov/policy-issues/office-of-foreign-assets-control-sanctions-programs-and-information https://home.treasury.gov/policy-issues/office-of-foreign-assets-control-sanctions-programs-and-information https://www.trade.gov/consolidated-screening-list

(i) For solicitations and contracts awarded by a Department of Defense contracting office, DoD FASCSA orders apply.

(ii) For all other solicitations and contracts, DHS FASCSA orders apply.

(2) The Contractor shall search for the phrase “FASCSA order” in the System for Award Management (SAM) at https://www.sam.gov to locate applicable FASCSA orders.

(3) The Government may identify in the solicitation other FASCSA orders that are not in SAM, which are effective and apply to the solicitation and resulting contract.

(4) A FASCSA order issued after the date of solicitation applies to this contract only if added by an amendment to the solicitation or modification to the contract (see FAR 40.204-1(c)).

(f) Reasonable inquiry. The contractor shall conduct a reasonable inquiry to determine if there are any prohibited products or services. The inquiry will look at any information in the entity’s possession but does not need to include an internal or third-party audit.

(g) Removal of prohibited products and services. For Federal Supply Schedules, Governmentwide acquisition contracts, multi-agency contracts or any other procurement instrument intended for use by multiple agencies, upon notification from the Contracting Officer, during the performance of the contract, the Contractor shall promptly make any necessary changes or modifications to remove any product or service produced or provided by a source that this clause prohibits.

(h) General report.

(1) If the Contractor identifies or is notified by any source, (including a subcontractor at any tier), that any product or service provided or used (or to be provided or used) during contract performance does not comply with any prohibition in this clause, then the Contractor shall report the following information, or as much information is known, in writing to the contracting office as identified in paragraph (h)(2) within 72 hours:

(i) Contract number and order number, if applicable;

(ii) The specific prohibition the product or service is not complying with;

(iii) A description of the products or services that the Contractor identifies or has reason to suspect is prohibited (include brand; model number, such as the original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(iv) The entity that produced the product or service (include entity name, unique entity identifier, Contractor and Government Entity (CAGE) code, facilities responsible for https://www.sam.gov/ design, fabrication, assembly, packaging, and test of the product, and whether the entity was the OEM or a distributor (provide manufacturer codes and distributor codes used for the product));

(v) Description of the functionality of the product or service and how that functionality impacts the risk to the product or service;

(vi) An explanation of any factors relevant to determining if the product or service should be permitted by an applicable exception, exemption, or waiver (if the contractor would like the Government to consider a waiver, and asks for such a waiver);

(vii) Whether alternative products or services are available that would comply with the prohibition;

(viii) If the product or service is related to item maintenance, include the following information on the item being maintained:

(A) Brand;

(B) Model number, OEM number, manufacturer part number, or wholesaler number;

and

(C) Item description, as applicable.

(ix) Any readily available information about mitigation actions implemented or recommended.

(2) If a report must be submitted to a contracting office, the Contractor shall submit the report as follows:

(i) If a Department of Defense contracting office, the Contractor shall report to the website at https://dibnet.dod.mil.

(ii) For all other contracting offices, the Contractor shall report to the Contracting Officer.

(iii) For indefinite delivery contracts, the Contractor shall report to both the contracting office for the indefinite delivery contract and the contracting office for any affected order.

(3) If the report provided does not contain any of the information required by paragraph (h)(1) of this clause, and the contractor later discovers new information that is required by paragraph (h)(1) of this clause, then the contractor shall submit a subsequent report within 72 hours of discovering the new information.

(4) The contractor shall also report the information in paragraph (h)(1) if the contractor wishes to ask for a waiver of the requirements of a new FASCSA order being applied through modification.

https://dibnet.dod.mil/

(i) New FASCSA orders report.

(1) During contract performance, the Contractor shall review SAM at least once every three months, or as advised by the Contracting Officer, to check for covered articles subject to FASCSA order(s), or for products or services produced by a source subject to FASCSA order(s) not currently identified under paragraph (e) of this clause.

(2) If the Contractor identifies a new FASCSA order(s) that could impact their supply chain, then the Contractor shall conduct a reasonable inquiry to identify whether a covered article or product or service produced or provided by a source subject to the FASCSA order(s) was provided to the Government or used during contract performance. The inquiry will look at any information in the entity’s possession but does not need to include an internal or third-party audit.

(3) The Contractor shall submit a report to the contracting office identified in paragraph (h)(2) of this clause if the Contractor identifies, including through any notification by a subcontractor at any tier, that a covered article or product or service produced or provided by a source was provided to the Government or used during contract performance and is subject to a FASCSA order(s). For indefinite delivery contracts, the Contractor shall report to both the contracting office for the indefinite delivery contract and the contracting office for any affected order. The Contractor shall report the following information within 72 hours for each covered article or each product or service produced or provided by a source, where the covered article or source is subject to a FASCSA order:

(i) Contract number and order number, if applicable;

(ii) Name of the covered article or source subject to a FASCSA order;

(iii) The specific FASCSA order the product or service does not comply with;

(iv) The elements of (h)(1)(iii) through (ix) of this clause.

(j) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (j) but excluding subparagraphs (d)(1) and (i)(1), in all subcontracts and other contractual instruments, including subcontracts for acquiring commercial products or commercial services.

(End of clause)

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/far-overhaul/far-part-deviation-guide/far-overhaul-part-

52#FAR_52_252_2

http://www.va.gov/oal/library/vaar/index.asp

(End of Clause)

A.10 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.

https://veterans.certify.sba.gov/

(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…