S02 - SOLICITATION 36C26324Q0227-.pdf
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- Clinical Audiometer Federal contract opportunity
- Solicitation number
- 36C26324Q0227
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This solicitation requests offers for clinical audiometer equipment for two Iowa City VA Health Care System community-based outpatient clinics. Required line items include two each of a clinical audiometer, tympanometer, NOAH system licenses, probe microphones, audiometer control panels, mounting plates, and international travel. Offerors must provide pricing for each line item by the response deadline of March 25, 2024. The award is set aside for certified service-disabled veteran-owned small businesses. The Department of Veterans Affairs Veterans Health Administration VISN 23 will evaluate offers and make award. The solicitation incorporates standard clauses for commercial item contracts and contains additional VA acquisition regulations.
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PAGE 1 OF 1. REQUISITION NO.
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER
a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL
TIME
9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS:
SIZE STANDARD:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ IFB RFP
15. DELIVER TO CODE 16. ADMINISTERED BY CODE
17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE
TELEPHONE NO. UEI: EFT:
PHONE: FAX:
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED
SEE ADDENDUM
19. 20. 21. 22. 23. 24.
ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)
PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212
7. FOR SOLICITATION
INFORMATION CALL:
STANDARD FORM 1449
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
636-24-1-4154-0005
36C26324Q0227
6. SOLICITATION ISSUE DATE
12-08-2024
Erica Miller 319-688-3703 03-25-2024 5pm CDT
Department of Veterans Affairs
NETWORK 23 CONTRACTING OFFICE
1303 5th St, Suite 300 Coralville IA 52241
X 100
X
334510
1250 Employees
N/A
X
Department of Veterans Affairs Iowa City VA Health Care System 601 Highway 6 West Iowa City IA 52246
Department of Veterans Affairs
NETWORK 23 CONTRACTING OFFICE
1303 5th St, Suite 300 Coralville IA 52241
Department of Veterans Affairs Tungsten Electronic Invoicing VA Tungsten Number: AAA544240062 va.registration@tungsten-network.com Refer to VAAR Clause 852.232-72
X
See CONTINUATION Page
Clinical Audiometer - Iowa City
See section B.2 for details This solicitation is being conducted by the VISN 23 contracting office This solicitation is lowest price technically acceptable (LPTA) This is a "Brand Name or Equal (BNOE)" solicitation Failure to demonstrate this will result in the offer being found nonresponsive This solicitation is an SDVOSB set-aside All questions need to be submitted 1 week before official due date stated in Block 8 to be considered Sign SF1449 and return all pages with offer submission Along with descriptive literature of the products documents and the manufacture letter of authorization Failure to submit all documents by the due date in block 8 will be found nonresponsive
See CONTINUATION Page 636-3640160-4154-820100-2660-0400K1043 636-24-1-4154-0005
PO# - TBD
X
X 1
Steven Hernandez Contracting Officer
36C26324Q0227
Table of Contents
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
B.2 SPECIFICATIONS / SOW
B.3 PRICE/COST SCHEDULE
ITEM INFORMATION
B.4 DELIVERY SCHEDULE
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS
AND COMMERCIAL SERVICES (NOV 2023)
C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
C.3 52.222-19 CHILD LABOR—COOPERATION WITH AUTHORITIES AND
REMEDIES (NOV 2023) (DEVIATION) (JAN 2024)
C.4 52.225-3 BUY AMERICAN—FREE TRADE AGREEMENTS—ISRAELI TRADE
ACT (NOV 2023) ALTERNATE II (DEC 2022)
C.5 52.225-4 BUY AMERICAN—FREE TRADE AGREEMENTS—ISRAELI TRADE
ACT CERTIFICATE (NOV 2023) ALTERNATE II (DEC 2022)
C.6 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023)
C.7 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED
SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)
(DEVIATION)
C.8 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—
CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (JAN 2023)
(DEVIATION)
C.9 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV
2018)
C.10 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ..28
C.11 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)
C.12 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (DEC 2023) (DEVIATION) (JAN 2024)
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
SECTION E - SOLICITATION PROVISIONS
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (SEP 2023)
E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB
1998)
E.3 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES (NOV 2021)
E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—
COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
1. Contract Administration: All contract administration matters will be handled by the following individuals:
a. CONTRACTOR:
b. GOVERNMENT:
Contracting Officer 36C263 Department of Veterans Affairs
NETWORK 23 CONTRACTING OFFICE
1303 5th St, Suite 300 Coralville IA 52241
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or
[] 52.232-36, Payment by Third Party
3. INVOICES: Invoices shall be submitted in arrears:
a. Quarterly []
b. Semi-Annually []
c. Other [X] Upon Delivery and Acceptance
4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
AMENDMENT NO DATE
B.2 SPECIFICATIONS / SOW
General Equipment Name: Audio Booth Equipment for Decorah & Galesburg CBOC
Description & Salient Characteristics Audiometer (Astera 2, 2-Channel Clinical Audiometer / Brand Name or Equal) - All equipment must be compatible with Noah database approved by VBA/VHA and required for specifications for use in documenting clinic diagnostic exams. In the room monitor to provide counseling to patient required.
Audiometer, Tympanometer, and additional accessories to run equipment required.
If computer based, must have audiometer control panel as well as computer accessories for dual function.
Audiometer: Audiometer must be a two-channel clinical diagnostic manual audiometer.
• Pure Tone - Two Independent Channels
• Frequency Range:
Full Frequency Range: 125Hz to 20,000Hz Air Conduction: 125Hz to 12,000Hz High Frequency: 8,000Hz to 20,000Hz Bone Conduction: 250Hz to 8,000Hz Sound Field and Paired Inserts: 125Hz to 8,000Hz
• Intensity Range:
Air Conduction (TDH): -10dB HL to 120dB HL Bone Conduction: Mastoid: -10dB HL to 75dB HL, Forehead: -10dB HL to 65dB HL Sound Field: -10dB HL to 90dB HL Masking: Narrow Band Noise, White Noise, Speech Noise
• Format:
Steady, Pulsed or FM tone
• Communications and Monitoring:
Talk Forward, Talk Back, Monitor, Aux Intercom, On-Board VRA Control
• Special Tests (user defined):
Pure Tone Stenger, Speech Stenger, and Maryland CNC worklists. Ability to add speech tests to the existing list of pre-programmed tests such as the Speech Recognition in Noise Test (SPRINT) that is unique to the VBA.
• Special Tests:
ALT (ABLB), SISI, High Frequency, TEN, QuickSIN, Tympanometer (Middle Ear Analyzer), BKB-SIN
• General Specifications o Size: 20.1"(W) x 14.6"(D) x 13.2"(H), Weight: 17 lb.
o Test Types: Tympanometry, Acoustic Reflex Threshold, Reflex Decay, Eustachian Tube Function (Intact and Perforated) o Protocols: Diagnostic, Screening, Two-Component Tympanometry, User-defined o Display: Internal Color Touchscreen and optional eternal HDMI monitor o Interface: USB (keyboard, mouse, Flash Drive, PC communications) o Printout: Internal Printer o Probe Tone:
• 226 Hz (85 dB SPL ± 1.5 dB) 678 Hz (72 dB SPL ± 1.5 dB) 1000 Hz (69 dB SPL ± 1.5 dB)
• Admittance Measurements Range: 226 Hz (-7.0 to +7.0 mmho) 678 Hz (-21.0 to +21 mmho)1000 Hz (-32.0 to +32 mmho) Sensitivity Scale: Auto Scales to Appropriate Range, Manual selection also possible in Reflex Modes only
• Pressure Measurements (load volume of 0.2 to 7.0 ml) Range: Normal = +200 to -400 daPa Wide = +400 to -600 daPa Sweep Rate: 12.5, 50.0, 200, 600 and 600/200 daPa/sec.
Sweep Accuracy: 10% of nominal rate Maximum limits (in 0.5cc cavity): -800 daPa and +600 daPa
• Reflex Measurements Stimuli: 250, 500, 1k, 2k, 4k, BBN, LBN, HBN, Click, External Input, Non-acoustic
Audiometer Control Panel – Brand Name or Equal Manufacturer: Madsen Model: ASTERA HIGH FREQUENCY 2
• Must be compatible with Otometrics
• PC based two channel audiometer-Two separate and identical channels
• Integrates with all Otosuite products, NOAH and ability to import data to CPRS
• Frequency range: TDH39 Earphones: 125-12500 Hz
• HDA200earphones: Standardfrequencies:125-20000 Hz
• Insert Earphones: 125-8000 Hz
• SF: Standard frequencies:125-20000 Hz
• Bone Conduction: 250-8000 Hz
• FRESH noise stimulus: Available in entire frequency range within the transducer specified range. (for SF125-12500 Hz). Accuracy0.3%
• Narrow Band Noise masking: Available in entire frequency range, Speech Weighted Noise, White Noise.
• Frequency resolution: 1/48,1/24,1/12, and 1/6oct,1 Hz step
• Stimulus types – Tone, Warble, Pulsed and Pulsed Warble
• Built in recorded calibrated speech material
• USB powered audiometer control panel for easy and fast operation
• 1.3 kg (2.85 lbs.)
• 5 Free Field outputs
• Mini XLR connectors
• 105 dB HL output
• 40 Watt built-in amplifier
• VRA controls
• Touch screen mode
• Cycle buttons
• Configurable Masking Assistant
• Unique tests
• CUNY Test
• MLST-A, MLST-C
• Dedicated tinnitus test modality
• Pediatric test modality
• SAL Test
• Automatic SNR calculation
• Premium QuickSIN
• Phonemes counting feature
• Tinnitus Assessment
Middle Ear Analyzer (Zodiac Diagnostic Stand Alone Tympanometer - Brand Name or Equal)
• Test Types: Tympanometry, Acoustic Reflex Threshold, Reflex Decay, Eustachian Tube Function (Intact and Perforated).
• Probe Tone:
226 Hz (85 dB SPL ± 1.5 dB) 678 Hz (72 dB SPL ± 1.5 dB) 1000 Hz (69 dB SPL ± 1.5 dB) Accuracy: ± 1% Harmonic Distortion: < 1%
• Admittance Measurements Range: 226 Hz (-10 to +10 mmho) 678 Hz (-21.0 to +21 mmho) 1000 Hz (-32.0 to +32 mmho) Sensitivity Scale: Auto Scales to appropriate range, manual selection in reflex modes.
Accuracy: (226 Hz):
Tymp Mode: ± 5% of reading or ± 0.1 mmho, whichever is greater Reflex Mode: ± 5% of reading or ± 0.02 mmho, whichever is greater
• Pressure Measurements (load volume of 0.2 to 7.0 ml) Range: Normal + +200 to -400 daPa / Wide = +400 to -600 daPa Accuracy: ± 10% of reading or ± 10 daPa, whichever is greater Sweep Rate: 12.5, 50.0, 200, 600, and 600/200 daPa and manual Sweep Accuracy: 10% of nominal rate Maximum limits (in 0.5cc cavity): -800 daPa and +600 daPa
• Reflex Measurements Stimuli: 250,500, 1k, 2k, 4k, BBN, LBN, HBN, Click, External Input, Non-acoustic Frequency Accuracy: ± 3% Harmonic Distortion (THD): < 5% Noise Signals: 3 dB bandwidths Low Band: 400 – 1,600 Hz High Band: 1,600 – 4,000 Hz Broad Band: 400 – 4,000 Hz Intensity Range: 35 to 120 dB HL Step Size: 5 dB, 1 dB, and 2 dB Calibration Accuracy: ± 3 dB Step Accuracy: ± 0.5 dB On/Off Ratio: 70 dB minimum Must be in compliance with ANSI S3.39, IEC 60601-1, ISO 389
• Aurical Probe Microphone Measurement w HI-PRO o Technical Data
Interface: Wireless Bluetooth data transfer to PC, version 2.0, + EDR, class 2 (10 meters/33ft).
Frequency resolution: 1/24 octave or 1/3 octave, in 4 channels Intensity accuracy: ± 3 dB Measurement intensity range: Probe microphone 40 - 130 dB SPL Probe microphone: Intensity: 40 - 130 dB Reference microphone: Intensity: 40 - 110 dB
Dynamic range: > 80 dB Calibration data: Stored electronically inside the probe Battery types: Rechargeable, Ni-MH, AA (R6) 1.2V, 1 pc. Can also be used with Alkaline AA (R6) 1.2V, 1 pc.
Estimated battery life: 5 hours of continuous use.
Probe Microphone Measurements module o Probe Microphone Measurements module Stimuli: Integrated custom stimuli, Pink Noise, White Noise, Speech ANSI, ISTS, ICRA, Rainbow Passage, Tone Sweep, FreeStyle sound library with favorites list, live, recorded signals, recordings, CD material (wav, mp3).
Tests available: REUR, REUG, REOR, REOG, REAR, REAG, REIG, Noise Reduction, RECD, Dynamic REM, FreeStyle.
Counseling and Simulations module o Counseling and Simulations module Functions: Hearing Loss Simulator, Hearing Instrument Simulator, Speech Mapping, Predicted Aided Audiogram.
Stimuli: Sound library, live, recorded signals, CD material (wav, mp3).
o Standards Real Ear Measurement: EN 61669, ISO 12124 Safety: IEC 60601-1, UL 60601-1, CAN/CSA -C22.2 NO 601.1-90 AURICAL FreeFit: IEC 60601-1, Internally Powered, Type BF, IPX0
EMC: IEC 60601-1-2, EN 300 328-2, EN 301 489-17
Required Individual Line Items & Quantity of Items
• (2 each) Trave, Zone 1
• (2 each) 1066 CD Quicksin Material, US
• (2 each) 1096 Zodiac SA Clinical w/o Printer with Classic Probe (US only)
• (2 each) 1096 Zodiac Insert Phone
• (2 each) NOAH System 4 License
• (6 each) Service, Hour
• (2 each) 1081, PMM CS, W HI-PRO US ONLY
• (2 each) 1066 MADSEN Astera 2, US Only
• (2 each) 1066, ACP ASTERA 2
• (2 each) KIT, TOUCHSCREEN, WIN7, HDMI
• (2 each) 1081, MOUNTING PLATE
Optional Line Items
• Trade-In Items (include make, model and serial # of all items to be used as a trade-in) - *Consult Logistics
• Product Specifications (CD, PDF or Word)
• Discount for Volume Purchase
• Expendable Supplies – *Consult Logistics
• Maintenance and Full-Service Repair Contracts - *Consult BioMed
• Warranty Information - *Consult BioMed
• In Service Training
• BioMed Training – *Consult BioMed
• Installation and/or De-Installation Services – *Consult BioMed/Engineering/IRM as needed
• Delivery Requirements:
o All products should be ordered to arrive on or about 18 Apr, 2024. Please include any shipping costs that are not included in the cost of the line items.
B.3 PRICE/COST SCHEDULE
ITEM INFORMATION
ITEM
NUMBER
DESCRIPTION OF
SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
2.00 EA __________________ __________________
1066 CD Quicksin Material, US
LOCAL STOCK NUMBER: 8-49-91300
1096 Zodiac Insert Phone
LOCAL STOCK NUMBER: 8-75-85400
NOAH System 4 License
LOCAL STOCK NUMBER: 8-49-90800
1081,PMM CS, W HI-PRO US ONLY
LOCAL STOCK NUMBER: 8-04-14546
1066 MADSEN Astera 2, US Only
LOCAL STOCK NUMBER: 8-04-13402
1066, ACP ASTERA 2
LOCAL STOCK NUMBER: 8-69-40800
KIT, TOUCHSCREEN, WIN7,HDMI
LOCAL STOCK NUMBER: 8-62-46700
1081, MOUNTING PLATE
LOCAL STOCK NUMBER: 8-35-35900
1096 Zodiac SA Clinical w/o printer, incl. Gen 2 Diag. (US only)
LOCAL STOCK NUMBER: 8-04-16333
Travel, Zone 1
LOCAL STOCK NUMBER: 9-99-40001
6.00 EA __________________ __________________
Service, Hour
LOCAL STOCK NUMBER: 9-99-70001
GRAND TOTAL __________________
B.4 DELIVERY SCHEDULE
ITEM
NUMBER SHIPPING INFORMATION QUANTITY DELIVERY DATE
0001 SHIP TO: Department of Veterans Affairs VA Iowa City Healthcare System 601 Highway 6 West Iowa City, IA 52246 2209
USA
2.00 60 DAYS ARO
FOB: DESTINATION
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—
(1) Within a reasonable time after the defect was discovered or should have been discovered;
and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payment.—
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212- 5(b) for the appropriate EFT clause.
(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(6) Interest.
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.
(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.
(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:
(1) The schedule of supplies/services.
(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;
(3) The clause at 52.212-5.
(4) Addenda to this solicitation or contract, including any license agreements for computer software.
(5) Solicitation provisions if this is a solicitation.
(6) Other paragraphs of this clause.
(7) The Standard Form 1449.
(8) Other documents, exhibits, and attachments
(9) The specification.
(t) [Reserved]
(u) Unauthorized Obligations.
(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:
(i) Any such clause is unenforceable against the Government.
(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.
(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.
(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.
(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of Clause)
ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES
Clauses that are incorporated by reference (by Citation Number, Title, and Date), have 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 following clauses are incorporated into 52.212-4 as an addendum to this contract:
C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/
(End of Clause)
FAR
Number
Title Date
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE
MAINTENANCE
AUG 2020
52.211-6 BRAND NAME OR EQUAL AUG 1999
52.214-21 DESCRIPTIVE LITERATURE APR 2002
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL
BUSINESS SUBCONTRACTORS
MAR 2023
852.203-70 COMMERCIAL ADVERTISING MAY 2018
C.3 52.222-19 CHILD LABOR—COOPERATION WITH AUTHORITIES AND
REMEDIES (NOV 2023) (DEVIATION) (JAN 2024)
(a) Applicability. This clause does not apply to the extent that the Contractor is supplying end products mined, produced, or manufactured in—
(1) Israel, and the anticipated value of the acquisition is $50,000 or more;
(2) Mexico, and the anticipated value of the acquisition is $102,280 or more; or
(3) Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Italy, Japan, Korea, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or the United Kingdom and the anticipated value of the acquisition is $174,000 or more.
(b) Cooperation with Authorities. To enforce the laws prohibiting the manufacture or importation of products mined, produced, or manufactured by forced or indentured child labor, authorized officials may need to conduct investigations to determine whether forced or indentured child labor was used to mine, produce, or manufacture any product furnished under this contract. If the solicitation includes the provision 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products, or the equivalent at 52.212-3(i), the Contractor agrees to cooperate fully with authorized officials of the contracting agency, the Department of the Treasury, or the Department of Justice by providing reasonable access to records, documents, persons, or premises upon reasonable request by the authorized officials.
(c) Violations. The Government may impose remedies set forth in paragraph (d) for the following violations:
(1) The Contractor has submitted a false certification regarding knowledge of the use of forced or indentured child labor for listed end products.
(2) The Contractor has failed to cooperate, if required, in accordance with paragraph (b) of this clause, with an investigation of the use of forced or indentured child labor by an Inspector General, Attorney General, or the Secretary of the Treasury.
(3) The Contractor uses forced or indentured child labor in its mining, production, or manufacturing processes.
(4) The Contractor has furnished under the contract end products or components that have been mined, produced, or manufactured wholly or in part by forced or indentured child labor.
(The Government will not pursue remedies at paragraph (d)(2) or paragraph (d)(3) of this clause unless sufficient evidence indicates that the Contractor knew of the violation.)
(d) Remedies.
(1) The Contracting Officer may terminate the contract.
(2) The suspending official may suspend the Contractor in accordance with procedures in FAR Subpart 9.4.
(3) The debarring official may debar the Contractor for a period not to exceed 3 years in accordance with the procedures in FAR Subpart 9.4.
(End of Clause)
C.4 52.225-3 BUY AMERICAN—FREE TRADE AGREEMENTS—ISRAELI
TRADE ACT (NOV 2023) ALTERNATE II (DEC 2022)
(a) Definitions. As used in this clause—
Bahraini, Moroccan, Omani, Panamanian, or Peruvian end product means an article that—
(1) Is wholly the growth, product, or manufacture of Bahrain, Morocco, Oman, Panama, or Peru; or
(2) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in Bahrain, Morocco, Oman, Panama, or Peru into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed. The term refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the end product includes services (except transportation services) incidental to the article, provided that the value of those incidental services does not exceed that of the article itself.
Canadian end product means an article that—
(1) Is wholly the growth, product, or manufacture of Canada; or
(2) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in Canada into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed. The term refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the end product includes services (except transportation services) incidental to the article, provided that the value of those incidental services does not exceed that of the article itself.
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
(2) 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—
(3) 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
(4) 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.
Free Trade Agreement country means Australia, Bahrain, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore.
Free Trade Agreement country end product means an article that—
(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement country; or
(2) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in a Free Trade Agreement country into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed. The term refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the end product includes services (except transportation services) incidental to the article, provided that the value of those incidental services does not exceed that of the article itself.
Israeli end product means an article that—
(1) Is wholly the growth, product, or manufacture of Israel; or
(2) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in Israel into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed.
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) Components of foreign origin. Offerors may obtain from the Contracting Officer a list of foreign articles that the Contracting Officer will treat as domestic for this contract.
(c) Delivery of end products. 41 U.S.C. chapter 83 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. In addition, the Contracting Officer has determined that the Israeli Trade Act applies to this acquisition. Unless otherwise specified, this trade agreement applies to all items in the Schedule. The Contractor shall deliver under this contract only domestic end products except to the extent that, in its offer, it specified delivery of foreign end products in the provision entitled ‘‘Buy American—Free Trade Agreements—Israeli Trade Act.’’ If the Contractor specified in its offer that the Contractor would supply an Israeli end product, then the Contractor shall supply an Israeli end product or, at the Contractor’s option, a domestic end product.
(End of Clause)
C.5 52.225-4 BUY AMERICAN—FREE TRADE AGREEMENTS—ISRAELI
TRADE ACT CERTIFICATE (NOV 2023) ALTERNATE II (DEC 2022)
(a)(1) The Offeror certifies that each end product, except those listed in paragraph (b) or (c)(1) of this provision, is a domestic end product and that each domestic end product listed in paragraph (c)(2) of this provision contains a critical component.
(2) The terms ‘‘Bahraini, Moroccan, Omani, Panamanian, or Peruvian end product,’’ ‘‘commercially available off-the-shelf (COTS) item,’’ ‘‘critical component,’’ ‘‘domestic end product,’’ ‘‘end product,’’ ‘‘foreign end product,’’ ‘‘Free Trade Agreement country,’’ ‘‘Free Trade Agreement country end product,’’ ‘‘Israeli end product,’’ and ‘‘United States’’ are defined in the clause of this solicitation entitled ‘‘Buy American— Free Trade Agreements—Israeli Trade Act.’’
(b) The Offeror certifies that the following supplies are Israeli end products as defined in the clause of this solicitation entitled "Buy American—Free Trade Agreements—Israeli Trade Act— Balance of Payments Program":
Israeli End Products:
Line item No.
[List as necessary]
(c)(1) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (b) of this provision) as defined in the clause of this solicitation entitled ‘‘Buy American—Free Trade Agreements—Israeli Trade Act.’’ The Offeror shall list as other 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 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select ‘‘no’’.
Other Foreign End Products:
Line item No. Country of origin Exceeds 55% domestic content (yes/no)
[List as necessary]
(2) The Offeror shall list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).
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)
C.6 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB
2023)
(a) No used, refurbished, or remanufactured supplies or equipment/parts shall be provided.
This procurement is for new Original Equipment Manufacturer (OEM) items only. No gray market items shall be provided. Gray market items are OEM goods intentionally or unintentionally sold outside an authorized sales territory or sold by non-authorized dealers in an authorized sales territory.
(b) No counterfeit supplies or equipment/ parts shall be provided. Counterfeit items include unlawful or unauthorized reproductions, substitutions, or alterations that have been mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified item from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitutions include used items represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics.
(c) Vendor shall be an OEM, authorized dealer, authorized distributor, or authorized reseller for the proposed equipment/system, verified by an authorization letter or other documents from the OEM. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions.
(End of Clause)
C.7 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED
SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)
(DEVIATION)
(a) Definition. for the Department of Veterans Affairs, ‘‘Service-disabled Veteran-owned small business concern or SDVOSB’’:
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.201, Surviving Spouse definition);
(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;
(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;
(iv) The business has been certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and
(v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.
(2) The term…
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