ATTACHMENT 0004 – FAR PROVISION 52.225-2

ATTACHMENT 0004 – FAR PROVISION 52.225-2

DEPARTMENT OF VETERANS AFFAIRS (VA)

VA’S ETMPM-TENS Procurement Program Solicitation Number 36C79126R0011

FAR Provision 52.225-2, Buy American Certificate.

Instructions to Offerors: Attachment 0004, FAR Provision 52.225‑2, Buy American Certificate, is a mandatory submission for all Offerors eligible for evaluation and award consideration within Tiers 1 through 3 and represented as Small Business concerns under NAICS Code 334510. Attachment 0004 is a fillable WORD document that must be completed by the Offeror, converted to a PDF document, digitally signed, and submitted with the proposal package. Submission of a properly completed Attachment 0004, FAR Provision 52.225‑2, Buy American Certificate is a material proposal submission requirement for all Offerors seeking eligibility for evaluation and award consideration within Tiers 1 through 3 and represented as Small Business concerns under NAICS Code 334510. Any proposal package submitted by an Offeror seeking eligibility for evaluation and award consideration within Tiers 1 through 3 and represented as a Small Business concern under NAICS Code 334510 that does not include a fully completed, signed, and dated Attachment 0004 may be determined ineligible for award consideration within Tiers 1 through 3.

Note: Attachment 0004 is revised to clarify the Government's treatment of Commercially Available Off-The-Shelf (COTS) items under FAR Part 25, clarify domestic-end-product certification requirements applicable to CLINs X001 through X004 and their associated subordinate SLINs, and remove potential ambiguities regarding domestic-content reporting requirements. Complete Attachment 0004 as follows:

1. General Completion Requirements: Offerors must complete the fillable WORD document in its entirety prior to converting the document into a PDF format:

a. Check marks must be placed in all provided boxes where the Offeror is required to certify or indicate responses.

b. All fill‑in fields requiring Offeror information, including company details, product listings, country‑of‑origin data, critical component status, and domestic content percentages, must be completed.

c. The form must include a valid digital signature of an authorized representative of the Offeror.

d. The date signed must be entered in the space provided.

e. All content must be truthful, complete, and consistent with the Offeror's active SAM.gov representations and certifications and SAM.gov registration information.

2. Required Offeror Representations & Certifying Selections: Attachment 0004 requires multiple certifications relating to compliance with the Buy American Act. Offerors must complete each applicable table and listing as follows:

a. Domestic End Product Certification: Offerors must certify that each end product offered (unless separately listed as foreign) is a domestic end product, including identification of any critical components.

b. Listing of Foreign End Products: Offerors must fill out the “Foreign End Products” table by listing:

i. Contract Line Item Number (CLIN) or Sub‑Line Item Number (SLIN);

ii. Country of origin; and

iii. Whether the product contains more than 55% domestic content (“Yes/No”) or "N/A" when permitted under FAR Part 25 and the instructions contained herein.

c. Listing of Domestic End Products Containing Critical Components: A Critical component is defined as: A component that is mined, produced, or manufactured in the United States and identified as critical to the U.S. supply chain, based on the list maintained at FAR 25.105. Offerors must separately identify domestic end products containing critical components, using the fillable table provided. The information requested in this table is intended to assist Government evaluation and does not alter the definitions contained in FAR Clause 52.225‑1.

i. CLIN or SLIN being offered;

ii. Country of Origin;

iii. Where domestic-content reporting is not applicable under FAR Part 25, including circumstances where FAR permits such treatment, the Offeror may indicate “N/A.” Completion of the domestic-content field does not independently determine domestic end-product status, which will be evaluated by the Government in accordance with FAR Part 25. How to Apply This Definition:

a) Domestic Content Reporting Instructions: For end-products identified as Foreign End Products, Offerors shall complete the domestic-content indicator field when applicable. Where domestic-content calculations are not applicable to a particular end-product under FAR Part 25, the Offeror may indicate "N/A". Offerors remain responsible for ensuring all certifications and representations submitted within this attachment are complete, accurate, and consistent with applicable FAR requirements.

b) Definitions and Applicability: These terms are defined via reference to the solicitation clause Buy American - Supplies, which governs evaluation of domestic content and origin. Offerors should review the definitions embedded in the attachment:

iv. “Commercially available off‑the‑shelf (COTS) item”: For purposes of this solicitation, CLINs X001 through X004 and their associated subordinate SLINs are designated by the Government as COTS items. A COTS item is an item of supply (including construction material) that is:

a) A “commercial product” per FAR 2.101 and FAR 12.103;

b) Sold in substantial quantities in the commercial marketplace;

c) Offered to the Government in its unmodified form (same as to the general public); and

d) Not classified as bulk cargo (e.g., petroleum, agricultural commodities).

v. Evaluation Notice: Listing a product in the Foreign End Products table does not automatically render the product ineligible for evaluation or award consideration. The Government will determine eligibility, compliance, and awardability based on the Offeror's complete submission and the applicable requirements of FAR Part 25, the solicitation, and any amendments thereto. For COTS items, domestic end-product determinations will be made in accordance with FAR Clause 52.225-1 and any applicable exceptions, waivers, or evaluation procedures contained within FAR Part 25.

vi. COTS End-Product Treatment Under FAR Part 25: For evaluation purposes under FAR Part 25 and FAR Clause 52.225-1. COTS item determinations and domestic end-product status will be evaluated in accordance with the applicable provisions of FAR Part 25. Offerors shall accurately identify the country of origin of each offered end-product and complete this certificate in its entirety. The Government will determine compliance, eligibility, and awardability based upon the Offeror's submitted certifications and the applicable FAR Part 25 requirements.

vii. “Critical Component”: Definition: A component that is mined, produced, or manufactured in the United States and identified by the agency as critical to the U.S. supply chain, per the list in FAR 25.105 and FAR Clause 52.225-1(a).

viii. “Domestic End Product”: For purposes of this certificate, Domestic End Product has the meaning assigned by FAR Clause 52.225-1, Buy American-Supplies. Offerors should review FAR Part 25 and FAR Clause 52.225-1 for all applicable definitions, exceptions, and requirements. Domestic End Products may include qualifying COTS items as provided under FAR Clause 52.225-1 and applicable FAR Part 25 requirements.

ix. “Foreign End Product”: Definition: Any end product not classified as a “Domestic End Product.” Specifically, it is an end product that does not meet domestic origin or cost thresholds, per FAR Clause 52.225-1(a).

d. Required Offeror Information: The following fields must be completed by the Offeror:

i. Legal Business Name;

ii. Printed Name of Authorized Signee - The individual signing Attachment 0004 must have authority to legally bind the Offeror for purposes of federal contracting;

iii. Printed Title of Authorized Signee;

iv. Authorized Digital Signature;

v. Date of Signature; and

vi. Business Address.

e. Digital Signature Requirements: Typed or handwritten signatures inserted without digital authentication will not be accepted. Attachment 0004 must be signed with a recognized digital or electronic signature, such as:

i. Adobe digital signature;

ii. DocuSign;

iii. PKI‑based signature; or

iv. Other compliant electronic authentication recognized by federal acquisition standards.

f. Submission Requirements: Offerors must:

i. Submit Attachment 0004 as a standalone PDF file included within the proposal package.

ii. Label the file: “Attachment 0004 – FAR 52.225‑2 Buy American Certificate – [Offeror Name]”

iii. Ensure all entries within Attachment 0004 match the Offeror’s representations in its proposal, price matrix, technical submission, and SAM.gov registration.

g. Impact of Non‑Submission: Failure to submit a fully completed and signed Attachment 0004 will result in:

i. A determination that the Offeror is ineligible for evaluation and award consideration within Tiers 1 through 3;

ii. Exclusion from further evaluation within Tiers 1 through 3; and

iii. Any other action authorized by the solicitation and applicable procurement regulations.

As prescribed in 25.601(a)(2), insert the following provision: 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 55 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: [List as necessary] Contract Line Item Number Or Sub-Line Item Number

(Yes/No/N/A)

(b) Foreign End Products (Continued): [List as necessary] Contract Line Item Number Or Sub-Line Item Number

(c) Domestic end products containing a critical component: [List as necessary] Contract Line Item Number Or Sub-Line Item Number

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

Certification:

I hereby certify that, if awarded the contract [insert name of Offeror], _____________________ will furnish end-products in accordance with FAR Provision 52.225-2, Buy American Certificate, as completed and submitted with this offer. I further certify that I am authorized to execute this certification on behalf of [insert name of Offeror], ________________________.

Printed Name of Signee: ___________________________________.

Printed Title of Signee: ____________________________________.

Authorized Digital Signature: ___________________________.

Date Signed: _______________.

Legal Business Name and Address: __________________________________________________

(End of Provision)