S05_Prospective Offerors to RFP 36C79126R0011_Q and As_Final_Posted at GPE_Dated 19SEP2026.pdf

S05_Vendor Questions and Government Answers

DEPARTMENT OF VETERANS AFFAIRS (VA)

VA’S FY26 ETMPM-TENS Procurement Program Recompete Solicitation Number 36C79126R0011 Posted at the GPE on September 18, 2026 Common Response Date/Time: October 19, 2026, at 3:00PM CDT Offerors Q & A Closure Deadline: October 5, 2026, at 3:00PM CDT

Clarification-Only Statement: The following Government responses are provided solely for clarification purposes and do not amend, alter, or supersede any terms, conditions, or requirements of Solicitation Number 36C79126R0011. Any material changes or official clarifications to the solicitation will be issued via a formal amendment and posted to the official SAM.gov opportunity listing.

Q1. (From Offeror Received 9/18/2026): “The instructions to Attachment 0005 state that it is a mandatory submission for "Other-Than-Small Business (e.g., Large Business Concerns) Offerors." As a certified Small Business and SBA VetCert-certified SDVOSB under NAICS 334510, is Attachment 0005 required as part of my proposal submission or whether it applies only to large business Offerors?”

Government Response 1. (Issued 9/19/2026): Your understanding is correct regarding the original instructions to Offerors in Attachment 0005 and thank you for finding this error! The Attachment 0005 document to the Solicitation Number 36C79126R0011 posting within the System For Award Management Government-wide Point of Entry (GPE) at website at https://www.sam.gov has been revised to align with the solicitation’s requirements (Attached). The following revised statement has been incorporated within the Instructions to Offerors: “Attachment 0005, FAR Provision 52.225-6, Trade Agreements Certificate, is a mandatory, fillable document required for all Offerors submitting a proposal under Solicitation Number 36C79126R0011. Submission of a fully completed, signed, and dated Trade Agreements Certificate is a material condition of responsiveness. Any Offeror that fails to submit this attachment exactly as required will be deemed nonresponsive and will be eliminated from further evaluation and ineligible for award.”

Therefore, all Offerors are required to complete and submit an Attachment 0005 as part of their proposal package. This requirement is consistent with the instructions in the solicitation and ensures compliance with FAR Part 25 and the Trade Agreements Act. The revised Attachment 0005 has been posted to the official SAM.gov opportunity listing for this solicitation. Furthermore, the purpose of the Attachment 0005 being a mandatory submission for all Offerors is to ensure that all Offerors are eligible to compete in all four (4) Tiers 1 through 4.

Q2. (From Offeror Received 9/18/2026): “As an emerging SDVOSB with no prior federal contract history and no Business-to-Business (B2B) commercial customers from whom to obtain a completed Past Performance Questionnaire (PPQ), does clearly stating this circumstance within my proposal, along with appropriate justification satisfy the past performance submission requirement and allow my proposal to remain eligible for evaluation and award on CLIN X001 and the associated SLINs

X001AA/AB/AC/AD?”

Government Response 2. (Issued 9/19/2026): Your understanding of the past performance documentation requirements is correct and aligns with both the solicitation and FAR 15.305(a)(2)(iv). As stated in the solicitation: “All Offerors shall submit the three (3) most recent official CPARS Evaluation Reports, if an Offeror is unable to submit completed CPARS Evaluation Reports due to a lack of past performance, the Offeror shall submit Past Performance Questionnaires (PPQs) completed by the Offeror’s three (3) most recent customers. Offerors that lack recent or relevant past performance, or that cannot obtain three (3) past performance documents due to unavailability, shall clearly state such circumstance, which are to be prominently displayed within their proposal documentation with adequate supporting evidence and appropriate justifications for consideration by the Source Selection Authority (SSA). In the case of an Offeror without past performance or insufficient past performance, those Offerors will be evaluated in accordance with FAR 15.305(a)(2)(iv). The Government shall assign a Neutral Confidence rating in such cases, and the Offeror shall not be evaluated unfavorably solely on the basis of lacking past performance. A Neutral Confidence rating satisfies the past performance factor requirement for LPTA and Best Value - Tradeoff evaluations and allows the Offeror to remain eligible for award, provided all other solicitation material requirements are met.”

Accordingly, if you or any other Offeror does not possess previous federal or commercial past performance, this fact must be clearly stated in your proposal within your Technical Capability Statement document submission and sufficient supporting rationale, and justification must be provided to support this claim of no or inadequate past performance to meet the requirement of submitting three

(3) past performance documents for Government evaluation. If the Source Selection Authority (SSA) concurs with the Offerors’ certification of a lack or past performance, the Government will assign a Neutral Confidence rating for the Past Performance Factor evaluation rating, and your proposal will remain eligible for evaluation and award consideration, provided all other material requirements are met. There is no guarantee the SSA will approve, which is the reason the Technical Capability Statement must adequately make to case the Offeror has no past performance or not enough past performance to meet the requirement of submitting three (3) past performance documents for Government evaluation. If an Offeror is a small business concern and the VA determines nonresponsibility, the matter will be referred to the Small Business Administration (SBA) for a Certificate of Competency (CoC) in accordance with FAR Subpart 19.6.

Q3. (From Offeror Received 9/18/2026): “Is the progression through the Tiered Set-Aside Evaluation Approach determined independently for each CLIN/SLIN, specifically for CLIN X005 and SLIN X005AA? For example, if an award cannot be made to an eligible Tier 1 offeror for X005, will the VA then proceed through the subsequent tiers specifically for X005?”

Government Response 3. (Issued 9/19/2026): Yes, the progression through the Tiered Set-Aside Evaluation Approach is determined independently for each CLIN and its associated SLINs. As stated in Section E.4, Addendum to FAR Provision 52.212-2, “Award for CLIN X005 will be made to the Offeror whose proposal provides the best overall value to the Government at the highest tier where award is possible.” If an award cannot be made to an eligible Tier-1 Offeror for CLIN X005/SLIN X005AA, the VA will proceed to evaluate offers in the subsequent tiers (Tier-2 VOSBs, Tier-3 Other Small Business Concerns, and Tier-4 Other-Than-Small Business Concerns or Large Business Concerns) specifically for CLIN X005 and SLIN X005AA, in accordance with the tiered evaluation procedures outlined in the solicitation.

Policy Note: A responsive proposal for CLIN X005 must include a responsive proposal for SLIN X005AA. This is a material condition of a proposal’s responsiveness, parent CLIN devices (CLIN X005) and subordinate SLIN accessories (SLIN X005AA) cannot be separated in a responsive proposal package submission, which includes all required documentation and all required product samples timely submissions. Any award for CLIN X005 is inclusive of an award for SLIN X005AA and shall be made to the same single responsible Offeror. This ensures that the parent CLIN device is compatible with the subordinate SLIN accessories, which is a material condition of Solicitation Number 36C79126R0011.

Q4. (From Offeror Received 9/18/2026): “May an OEM manufacturer submit a direct proposal for CLIN X005 while an independently eligible SDVOSB authorized distributor submits a separate proposal offering the same OEM product? If permitted, will each offer be independently evaluated within the tier applicable to the respective Offeror?”

Government Response 4. (Issued 9/19/2026): Yes, an OEM manufacturer may submit a direct proposal for CLIN X005/SLIN X005AA while an independently eligible SDVOSB Authorized Distributor may also submit a separate proposal offering for CLIN X005/SLIN X005AA, even if both proposals offer the same OEM product. Each proposal will be evaluated independently within the tier applicable to the respective Offeror, as determined by the Offeror’s business size and small business socioeconomic status at the time of proposal submission. As stated in Section E.4, Addendum to FAR Provision 52.212-2, “Award for CLIN X005 will be made to the Offeror whose proposal provides the best overall value to the Government at the highest tier where award is possible.” The tiered evaluation procedures are applied to each proposal based on the Offeror’s eligibility to compete within the applicable tier (e.g., Tier-1 SDVOSBs, Tier-2 VOSBs, Tier-3 Other Small Business Concerns, Tier-4 Other-Than-Small Businesses or Large Business concerns). Each responsive proposal is considered on its own merits, and award decisions are made in accordance with the tiered set-aside evaluation approach, the evaluation criteria, and the source selection methodology as set forth in the solicitation.

Q5. (From Offeror Received 9/18/2026): “Please confirm the Government's estimated quantities for CLIN X005 for the Base Year and each Option Year, as well as the anticipated total quantity over the potential five (5) contract lifespan if all options are exercised.”

Government Response 5. (Issued 9/19/2026): The Government’s estimated ordering quantities for CLIN X005 are provided in Section B.3.8, Ordering Procedures and Information, and in the CLIN/SLIN Mapping Tables of the solicitation. The estimated quantities for CLIN X005 are as follows:

Base Year: 20,357 units;

Option Year 1: 23,411 units;

Option Year 2: 26,922 units;

Option Year 3: 30,960 units; and

Option Year 4: 35,605 units.

The anticipated total quantity for CLIN X005 over the full five (5) year contract lifespan, if all options are exercised, is estimated to be 137,255 units. These quantities are estimates for evaluation of the Price Factor only, which is calculated from each Offeror’s Attachment 0001 - Price Matrix submission by multiplying the Offeror’s unit price by the Government’s estimated ordering quantity across all periods of performance, each Offerors Total Estimated Price (TEP) is the sum of the TEP from the parent CLIN and the subordinate SLIN, the sum is the Offeror’s TEP. The Government provided estimated ordering quantities do not constitute, nor shall they be construed as a Government minimum order guarantee.

Q6. (From Offeror Received 9/18/2026): “Does VA anticipate issuing a funded Delivery Order for X005 immediately following award? If so, can VA provide the estimated quantity anticipated for the initial Delivery Order?”

Government Response 6. (Issued 9/19/2026): Yes, as stated in Section B.3.5, Contract Guaranteed Minimum Aggregate Order Value, and Section E.4, Addendum to FAR Provision 52.212-2, the VA intends to issue a funded Firm-Fixed-Price (FFP) IDIQ Delivery Order for the Base Year period of performance immediately following award of the Base IDIQ contract for CLIN X005 and SLIN X005AA to the same Offeror. The specific order quantity for the initial Delivery Order will be determined on an as-needed basis based on VA’s operational requirements during contract performance and not at the time of award; however, the minimum guaranteed order value for each Base IDIQ contract is $5,000.00 for the Base Year period of performance only. The initial Delivery Order award will not contain any product ordering quantity at the time of award; product orders will be issued by the VA’s DLS Ordering Officers (OOs) via the VA’s ROES system generated purchase orders, which are electronically transmitted directly to the resultant performing Contractors on an as-needed basis during the Base Year period of performance.

Q7. (From Offeror Received 9/18/2026): “Please provide, if available, the anticipated typical and maximum quantity that may be placed on an individual X005 Delivery Order. We understand the solicitation requires delivery within 30 calendar days after receipt of order and want to ensure that appropriate manufacturing capacity and finished-goods inventory are available.”

Government Response 7. (Issued 9/19/2026): The anticipated typical and maximum quantities of products ordered for any individual FFP/IDIQ Delivery Order under CLIN X005 and SLIN X005AA are not fixed and will vary considerably during contract performance based on VA’s operational needs for the products. As stated in Section B.3.12, Delivery and Shipping Requirements, all product orders must be delivered to the VA’s DLS facility in Golden, Colorado on or before but no later than 30 calendar days after receipt of the order as a material condition of successful contract performance. While the estimated annual ordering quantities provided in the solicitation are for the Price Factor evaluation purposes only, the VA may issue ROES system generated purchase orders against the FFP/IDIQ Delivery Orders for any quantity. The maximum order quantity for any single FFP/IDIQ Delivery Order will not exceed the remaining available ordering quantity/total allowable program spend under the contract ceiling maximum, which shall be established at the time of award to ensure the appropriate allocation of the $500,000,000.00 ceiling maximum is proportioned equitably across all contract awards under the solicitation. All Offerors/resultant performing Contractors must plan manufacturing and inventory capacity to accommodate purchase orders up to the full annual estimated ordering quantity as listed in the solicitation for planning and forecasting purposes only, with the understanding that actual order sizes may vary considerably during the actual contract performance within the Base Year period of performance.

Q8. (From Offeror Received 9/18/2026): “If a Delivery Order is fulfilled through multiple accepted shipments within the required delivery period, may the contractor invoice VA upon Government acceptance of each partial shipment, or must invoicing wait until completion of the entire Delivery Order?”

Government Response 8. (Issued 9/19/2026): Under FAR 52.212-4(g) and VAAR 852.232-72, performing Contractors are authorized to invoice the Government for each Government-accepted partial shipment. Although this authorization increases invoice volume and the resulting administrative burden to the Government, it complies with procurement policy and supports prompt, lawful payment processing. The Government personnel at the VA’s Denver Logistic Center Financial Division will greatly appreciate the restraint of all performing Contractors in the volume of invoicing, but the fact remains that performing Contractors are authorized to invoice the Government for each Government-accepted partial shipment. As stated in Section B.3.19.4, Invoice Submission Requirements, and Section B.3.12, Delivery and Shipping Requirements, the VA allows for partial product order deliveries to ensure that the full ordered quantity of products are received in at the DLS on or before but no later than 30 calendar days after receipt of the order.

The resultant performing Contractors may invoice the VA for each partial shipment upon Government acceptance of the delivered items, provided that the invoice accurately reflects the quantity accepted and complies with the invoicing requirements set forth in the solicitation. All invoices must be submitted electronically in accordance with VAAR 852.232-72 and FAR 52.212-4(g).

Q9. (From Offeror Received 9/18/2026): “Please confirm the minimum guaranteed quantity or dollar amount applicable to an X005 IDIQ award and the maximum quantity or contract ceiling applicable to an individual X005 award.”

Government Response 9. (Issued 9/19/2026): As stated in Section B.3.5, Contract Guaranteed Minimum Aggregate Order Value, the minimum guaranteed order value for each Base IDIQ contract, including any resultant contract award for CLIN X005 and SLIN X005AA, is $5,000.00 within the Base Year period of performance only. The maximum aggregate order value (contract ceiling) for the entire ETMPM-TENS procurement program and all resultant contract awards made against this solicitation for the entire five (5) year estimated contract lifespan, if all options are exercised, which includes any contract awards made for CLIN X005 and SLIN X005AA, is $500,000,000.00.

Regulatory and Procedural Compliance: These Government Responses to Offerors’ Questions are provided for clarification purposes only and does not constitute a change to the Solicitation Number 36C79126R0011 or amend the terms, conditions, or requirements as stated in the solicitation. Any material changes or clarifications will be issued via a formal amendment to the solicitation and posted to the official SAM.gov opportunity listing at the GPE website. These Government Responses to Offerors’ Questions are provided in accordance with the governing regulations of FAR 15.201(f) and FAR 15.306, which allow for written communications with Offerors to clarify solicitation requirements, provided all Offerors are treated fairly and any material clarifications are shared with all prospective Offerors and are consistent with the Solicitation’s instructions regarding the receipt and response to Offerors’ questions issued post Solicitation issuance and pre-receipt of proposal submissions. All Offeror questions received by the deadline will be acknowledged and answered in writing, and the Government’s Responses will be posted to the official SAM.gov opportunity listing, as required by the Solicitation and federal procurement policy.

VA Closing Statement of Thanks and Appreciation: The Department of Veterans Affairs (VA) sincerely thanks all prospective Offerors for your engagement throughout this procurement process and for submitting questions in response to Solicitation Number 36C79126R0011. The VA fully recognizes and appreciates the significant level of effort, time, resources, and expense required to prepare a complete, accurate, and fully responsive proposal package for a requirement of this size, complexity, and national importance. Your commitment to understanding the solicitation, seeking clarification where needed, and developing thoughtful and compliant proposal submissions demonstrates a high level of professionalism and dedication to supporting the VA’s mission.

The VA is equally committed to supporting all prospective Offerors during the proposal preparation phase. As required by Federal procurement regulations, the VA will continue to provide timely, consistent, and accurate written responses to all properly submitted Offeror questions received by the stated deadline to ensure transparency, fairness, and equal access to information for all parties. Your questions strengthen the overall clarity and integrity of the solicitation, and the VA genuinely values your diligence and attention to detail as we work together to advance this critical non-opioid pain management program for our nation’s Veterans.

The VA appreciates your willingness to invest in the opportunity to support this mission and looks forward to receiving your responsive proposal packages. Thank you again for your continued engagement, your professionalism, and your commitment to supporting the Veterans whom we proudly serve.

All clarification responses will continue to be shared publicly on SAM.gov to ensure equal access for all prospective Offerors.

Offerors are encouraged to continue reviewing the solicitation, all posted Q&As, and any solicitation amendments posted throughout the proposal preparation period.

Prepared By:

John Overstake Contract Specialist