S06 Clarifications Memo 36C26326Q1087.pdf

DEPARTMENT OF VETERANS AFFAIRS

Network Contracting Office 23

4801 Veterans Drive Saint Cloud, MN 56303

Date: 09/14/2026

SUBJECT: Clarifications for Solicitation 36C26326Q1087

1. To avoid further confusion with the Non-manufacturing rule and Buy American Act, verbiage of Brand Name or Equal and RapidGB has been removed.

2. Please keep in mind that the Non-manufacturing rule always applies.

3. Because this is an SDVOSB set-aside and In accordance with FAR 25.101 (b) “The Buy American statute applies to small business set-asides. A manufactured product of a small business concern is a U.S.-made end product, but is not a domestic end product unless it meets the domestic content test in paragraph (a)(2) of this section.” , the proposal must comply with the Buy American Act. Below is FAR 25.101(a)(a) for reference.

(2) (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 shall exceed 60 percent of the cost of all the 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. 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 (see 12.505(a)) (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.

Emanuel Nevarez Contracting Officer http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1907&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1907&num=0&edition=prelim https://www.acquisition.gov/far/12.505#FAR_12_505 https://www.acquisition.gov/far/25.003#FAR_25_003